Table of Contents THE RAJASTHAN AGRICULTURAL PRODUCE MARKETS ACT, 1961 2 (Act No. 38 of 1961) 2 Object of the Act 3 Preliminary 4 CHAPTER I 4 1. Short title and extent. 4 2. Definitions. 4 1
THE RAJASTHAN AGRICULTURAL PRODUCE MARKETS ACT, 1961 (Act No. 38 of 1961) [Received the assent of the president on the 3 rd day of November, 1961.] As amended by the following:- 1. Rajasthan Act No. 16 of 1965, w.e.f. 29.10.1965; 2. Rajasthan Act No. 17 of 1966, w.e.f. 29.06.1966; 3. Rajasthan Act No. 15-A of 1973, w.e.f. 14.07.1973; 4. Rajasthan Act No. 14 of 1974, w.e.f. 04.09.1974; 5. Rajasthan Act No. 10 of 1975, w.e.f. 19.03.1975; 6. Rajasthan Act No. 07 of 1978 w.e.f. 02.01.1978; 7. Rajasthan Act No. 05 of 1979, w.e.f. 07.04.1979; 8. Rajasthan Act No. 02 of 1980, w.e.f. 09.05.1980; 9. Rajasthan Act No. 04 of 1986, w.e.f. 24.08.1985; 10. Rajasthan Act No. 04 of 1997, w.e.f. 021.03.1997; 11. Rajasthan Act No. 11of 1999, w.e.f. 13.05.1999; 12. Rajasthan Act No. 12 of 2004, w.e.f. 10.08.2004; 13. Rajasthan Act No. 08 of 2005, w.e.f. 07.05.2005; 14. Rajasthan Act No. 09 of 2005, w.e.f. 07.05.2005; 15. Rajasthan Act No. 19 of 2005, w.e.f. 16.11.2005; and 16. Rajasthan Act No. 15 of 2008, w.e.f. 10.04.2008; An Act to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Rajasthan. Be it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India, as follows:- 2
Object of the Act The object of the Act can be gathered from its preamble, which makes it clear that this Act has been enacted for establishment of regulated market for purchase and sale of agricultural produce and to protect the agriculturists from being exploited by the middleman and to enable them to secure fair return of their produce. 3
Preliminary CHAPTER I 1. Short title and extent. (1) This Act may be called the Rajasthan Agricultural Produce Markets Act, 1961. (2)It extends to the whole of the State of Rajasthan. 2. Definitions. (1) In this Act, unless the subject or context otherwise requires: - (i) agricultural produce includes all produce whether of agriculture, horticulture, animal husbandry or otherwise as specified in Schedule; (ii) Agriculturist means a person who ordinarily by himself or by his tenants or hired labors or otherwise is engaged in the production or growth of agricultural produce, but does not include a trader or broker may also be engaged in the production or growth of agricultural produce; (iia) Board means the Rajasthan State Agricultural Marketing Board established under Section 22-A (iii) broker means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for the purchase or sale of agricultural produce on behalf of his principal an includes a commission agent but not include the servant of the principal whether engaged in negotiating or making such contracts; (iv) bye-laws means bye-laws made under section 37 or section 38; (iva) contract farming means farming by a person on his land under a contract farming agreement in accordance with the provisions of this Act or the rules made there under with another person to the effect that his farm produce shall be purchased as specified in the agreement; (ivb) contract farming agreement means the agreement made for contract farming between contract farming buyer and contract farming producer; (ivc) contract farming buyer means the person purchasing agricultural produce, produced under a contract farming agreement; (ivd) contract farming producer means a person, who enters into a contract farming agreement to cultivate on his land the produce specified in such agreement; (v) (v-a) Director,means the Director of Agricultural Marketing for the State of Rajasthan; Export means dispatch of agricultural produce outside India; (vi) fund means a market committee fund referred to in section 18; 4
(vii) market means a regulated market established under and for the purposes of this Act for a market area and include a market proper as well as a principal market yard or a sub-market yard; (viii) Market area means any area declared to be a market area under section 4. (ix) market committee means a market committee established under section 6; (x) market proper means the area including all lands with the buildings thereon, within such distance of a principal market yard or a sub-market yard as the State Government may declare to be a market proper; (xi) person includes a cooperative society, a firm, an undivided joint family or an association or body of individuals, whether incorporated or not; (xii) prescribed means prescribed by rules under section 36; (xiii) principal market yard means an enclosure, building or locality declared to be a principal market yard under section 5; (xiii-a) processing means any one or more of a series of treatment relating to powdering, crushing, decorating, husking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to and the expression processor shall be construed accordingly; (xiv) retail sale means a sale of any agricultural produce not exceeding such quantity as may be determined by bye-laws made under section 37 or section 38, to be a retail sale in respect of such agricultural produce; (xv) rules means rules made under section 36; (xvi) Schedule means schedule to this Act; (xvii) Sub-market yard means an enclosure, building or locality declared to be a sub- market yard under section 5; (xviii) surveyor means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, refraction, adulteration or any other purpose; (xix) trade means any transaction of sale or purchase of any agricultural produce; (xx) trader means a person ordinarily engaged in the business of buying and selling of agricultural produce on his own behalf but does not include a broker; (xxi) Weigh man means a person whose business is to weigh a consignment of agricultural produce for sale. (2) If a question arises whether any person is or is not an agriculturist for the purpose of this Act, the decision of the Director on such question shall be final. 5 Copy protected with Online-PDF-NoCopy.com