Chapter II ESTABLISHMENT OF MARKETS

Definitions:- In this Act, unless the context otherwise requires,- 1[(1)“Agricultural produce” means the produce or goods specified in the Schedule]1 1[(2)“agriculturist” means a person cultivating any agricultural land who is an occupant of such land, or a tenant of an occupant: Explanation.- For purposes of this clause, the expressions 'occupant' and 'tenant' shall have the meaning assigned to them in the 2[Karnataka]2 Land Revenue Act, 1964. (2[Karnataka]2 Act 12 of 1964);]1 1[(2A) "Agricultural Co-operative Processing Society" means an agricultural Co-operative Processing Society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959 for the purpose of processing of agricultural produce in a market area;]1 1[(2B)"Backward Classes" measn such class or classes of citizens as may be classified as category 'A' and 'B' and notified by the State Government from time to time for the purpose of reservation of seats in the market committee."]1 (3) “Board” means the 1[Karnataka State Agricultural Marketing Board]1 established under this Act; (4) “broker” means an agent who in consideration of a commission, fee or reward, merely negotiates and brings about a contract for the purchase or sale of notified agricultural produce on behalf of his principal, but does not receive, deliver, transport, pay for the purchase of, or collect the payment for the sale of, the notified agricultural produce; (5) “buyer” or “ purchaser” means a person who buys or agrees to buy goods; (6) “bye-laws” means bye-laws made under this Act; 1[(6A) "cattle " includes buffalo, bullock, cow, 2[ox, goat, sheep and their young]2;]1 1[(7) x x x]1 1[(8)“commission agent” means a person who in the ordinary course of business makes or offers to make a purchase or sale of agricultural produce on behalf of the owner or seller or purchaser or such agricultural produce for commission;]1 (9) “commodity” means any kind of agricultural produce meant for sale; 1[(10) "Co-operative Marketing Society" means a Co-operative Marketing Society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959 for the purpose of marketing of agricultural produce in a market area;]1 (11) “delivery” means voluntary transfer of possession from one person to another; (12) “Deputy Commissioner” includes any officer subordinate to the Deputy Commissioner not below the rank of a Tahsildar authorised by the State Government by notification to exercise the powers and perform the functions of the Deputy Commissioner under this Act in respect of any market area within the territorial jurisdiction of such officer; 1[(12A) "Director of Agricultural Marketing" means the officer appointed by the State Government as such and includes any other officer or officers empowered by the State Government, by notification to exercise or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act or the rules as may be specified in such notification;]1 (13) “exporter” means a person other than a producer who exports goods or causes goods to be exported on one’s own account or as agent of another person, from the market area outside such area for the purpose of selling, processing, manufacturing or for any other purpose except for the purpose of one’s own domestic consumption, but shall not include a public carrier; 1[x x x]1; (14) “goods” means any kind of notified agricultural produce; 1[(14A) "importer" means a person who imports or causes goods to be imported on his own account or as an agent for another person from outside the market area into a market area for the purpose of selling, processing, manufacturing or for any other purpose except for one's own domestic consumption, but shall not include a public carrier;]1 (15) “insolvent” means a person who ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of insolvency or not; 1[(16) x x x]1; 1[(17) x x x]1 (18) “market” means any notified area declared 1[or deemed to be declared]1 to be a market under 2[this Act]2; 1[(18A) "Marketing" means buying and selling of agricultural produce and includes grading, processing, storage, transport, packaging, market information and channels of distribution.]1 (19) “Market area” means any area declared to be a market area under section 4; 1[(19A) "market charges" means all charges in connection with the handling of agricultural produce such as the commission of commission agents, brokerage, remuneration for weighment, loading, unloading, cleaning, sorting, counting, sieving and dressing of agricultural produce;]1 (20) “Market committee” or “committee” means a market committee constituted for a market area under this Act; (21) “market functionary” or “functionary” includes a broker, a commission agent, an exporter, a ginner, an importer, a presser, a processor, a stockiest, a trader, and such other person as may be declared under the rules or the bye-laws to be a market functionary; (22) “market sub-yard” means a specified place declared 1[or deemed to be declared]1 to be a market yard under 2[this Act]2; (23) “market yard” means a specified place declared 1[or deemed to be declared]1 to be a market yard under 2[this Act]2; (24) “market year” means the year commencing on the first day of 1[April]1; (25) “member” means a member of a market committee; (26) “misconduct” in relation to a market functionary shall include any conduct of such functionary which is contrary to any of the provisions of this Act, the rules, the bye-laws or standing orders or is inconsistent with the objects and purposes of this Act; (27) “notification” means a notification published in the official Gazette; (28) notified agricultural produce” means any agricultural produce which the State Government has by notification issued under sections 4 and 5 declared as an agricultural produce the marketing of which shall be regulated in the market area; (29) “over-trading” in relation to a trader means,- (i) buying goods on credit t

ESTABLISHMENT OF MARKETS

Markets, market yards, market sub-yards, sub-markets and sub-market yards.—

1. (1) For each market area there shall be one principal market yard and there may be one or more sub-market yards as the State Government may, by notification, specify.
2. (2) The State Government may, by notification, declare any enclosure, building or locality in any market area to be a market yard or a sub-market yard.