The Nagaland Agriculture Produce Marketing (Development & Regulation) Act,2005

CHAPTER 1 
PRELIMINARY 
Short title, extent and commencement 
	
1. 	 (1) This Act may be called the Nagaland Agriculture Produce Marketing 
(Development and Regulation) Act, 2005 
(2) It extends to the whole of Nagaland. 
(3) It shall come into force at once. 
Definitions: 
	
2. 	 In this act, unless the context otherwise requires: 
(1) "agriculture produce" means all produce and commodities whether 
processed or unprocessed, of agriculture, horticulture, apiculture, 
sericulture, livestock including products of live stock like fleeces 
(raw wool), skins of animals etc, as well as forest products as are 
specified in the schedule or declared by the Government, by 
notification, from time to time and further includes combination of 
two or more such produce or commodities 
(2) "agriculturist" means a person who is a resident of the notified area 
of the market and who is engaged in production of agricultural 
produce by himself or by hired labour or otherwise, but does not 
include any market functionary and, in case of any doubt in this 
behalf, the decision of the Deputy Commissioner of the district in 
which the person is engaged in the production or growth of the 
agriculture produce shall be final. 
(3) "bill" means bill issued by the traders as prescribed. 
(4) "board" means the Nagaland State Agriculture Marketing Board 
established under Section 60 of this Act 
(5) "business" means purchase, sale, processing, value addition, storage, 
transportation and all connection activities relating to agricultural 
produce; 
(6) "buyer" means a person or a firm or a company or a co-operative 
Society or a Government Agency or a Public undertaking or a 
corporation or a corporation or a commission agent, or a 
combination of more than one of these bodies, who himself or on 
behalf of any other person or agent, buys or agrees to buy agricultural 
produce in the market area as notified under this Act; 
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(7) "bye-law" means a bye-law made by the market committee under this 
Act and Rules that may be made; 
(8) "broker" means an agent who, in consideration of a commission merely 
negotiates and brings about a contract for his principal trader but does 
not receive, deliver, transport or pay for the purchase of, or collect the 
payment for, the sale of notified agricultural produce; 
(9) "commission agent" means a Person, who, on behalf of his principal 
trader, and, in consideration of a commission or a percentage on the 
amount involved in such transaction, buys agricultural produce and 
makes payment, keeps it in his custody and delivers it to the principal 
trader in due course, or who receives and takes in his custody agricultural 
produce, sends for sale within the market area or from outside the market 
area, sells the same in the market area and collects payments thereof 
from the buyer and remits the sale proceeds to him principal trader; 
(10) "contract farming" means farming by a person called contract farming 
producer under a written agreement with another person called contract 
farming sponsor to the effect that the farmer will sell his farm produce 
to the latter as per terms of a written agreement; 
(11) "contract farming producer" means individual agriculturist or association 
of agriculturalist or a village council or a similar body in whom the 
ownership or control of agricultural lands vests temporarily or 
permanently, who, by written agreement, agrees to sell his/its agricultural 
produce to a contract farming sponsor; 
(12) "contract farming agreement" means the agreement made for contract 
farming between contract farming producer and contract farming 
sponsor; 	 IT 
(13) "Deputy Commissioner" means the Deputy Commissioner of the district 
or any officer empowered to discharge the duties of the Deputy 
Commissioner under the provision of this Act; 
(14) "direct marketing" means selling and buying of the agricultural produces 
by the producers and buyers directly to and form, the entrepreneurs, 
company or dealers, producers without processing the transactions 
through normal market regulatory systems; 
(15) "Director" means the person appointed by the State Government as 
director of Agricultural Marketing and includes any officer performing 
his functions under the orders of the said Government. 
(16) "export" means dispatch of agricultural produce to a place outside India 
under the laws in force; 
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