(1) In the principal Act, in section 2, in sub-section ( I ),-
(i) for clause (xi), the following shall be substituted, namely:- “(xi) “Director” means an officer, not below the rank of Additional Secretary to the Government of Assam, having sufficient experience in the administration of the State, appointed by the State Government by notification in the Official Gazette, as Director to discharge all or any of the functions of the Director under the Act and includes any officer empowered by the State Government by notification to exercise and perform all or any of the functions of the Director under the Act;”
(ii) In clause (xxvi), for the word “and”, occurring in between the words “means” and “enclosure”, the word “an” shall be substituted and for the word ‘respectively’, the following shall be substituted, namely :- “under section 6”;
(iii) after clause (XL), the following new clauses shall he inserted, namely (XLI) “Contract Farming” means farming by a person or a group of persons, called Contract Farming Producer under a written agreement with another person called.
Contract Farming Sponsor to the effect that his farm produce shall be purchased as specified in the agreement.
Explanation:- “Contract Farming Producer” means an individual agriculturist or association of agriculturists, by whatever name called, registered under any law for the time being in force;
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z Amendment of section 3 (XLII) “Contract Farming Agreement” means the agreement made for contract farming between Contract Farming Sponsor and Contract Farming Producer;
(XLIII) “Hamal” means a labourer or coolie engaged for loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area;
(XLIV) “Private Market Yard” means such place other than the principal market yard I sub-market yard in the market area whe, infrastructure has been developed and managed by a person or a group of persons or a body corporate other than the Market Committee, for marketing of specified agricultural produce holding a registration for the purposes of this Act;
“(XLV) “Processing” means any one or more of a series of treatment relating to powdering, crushing, decorticating, dehusking, 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;
(XLVI) “Processor” means a person or a group of persons who undertake processing of any specified agricultural produce on his own accord or on payment of a charge;
(XLVII) “registration” means registration made under this Act;
(XLVIII) “transportation” means taking of agricultural produce by pushcart, bullock-cart, truck, any other type of vehicle or railway wagon in course of business before sale or after the sale has taken place in the market area or outside, for marketing, trading or processing from one place to another;
(XLIX) “transporter” means a person who transports or a body of persons who transport agricultural produce;
(L) “Market Functionary” means a trader, a commission agent, buyer, Hamal, Processor, a stockist, a transporter and such other person as may be declared, under the rules or bye-laws, to be market functionary;
(LI) “value addition” means processing, grading, packaging or other activities due to which value is added to agricultural produce;
(LII) “Deputy Commissioner” means the Principal revenue officer of the district;
(LIII) “Secretary” with reference to the Government means the official head of the concerned department in the Government and includes a Principal Secretary or a Commissioner and Secretary.”
3.(1) In the principal Act, in section 3,-
(i) in sub-section (1), in clause (b), the word “ of Assam” shall be omitted;
80 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007
(ii) in sub-section (12), in clause (a), in the second proviso,-
(a) in the first line, between the words, “prejudice to the ” and “rule making power”, the word “generality” shall be inserted;
(b) in the first line, between the words “employees of the” and “Market Committees”, the word “Board and” shall be inserted;
(c) after the existing provision, full stop (.) shall be omitted and thereafter the following proviso shall be inserted, namely :- “Provided also that the approval as required under the aforesaid proviso, if not received within a period of ninety days from the date of seeking thereof, shall be deemed to have been approved on the expiry of the said period”.
Insertion of new section 3J
4. In the principal Act, after section 31, the following new section shall be inserted, namely :- “Power and functions of the Director 3 J (1) Subject to the provisions of this Act and the rules made there under, the Director may perform the functions as specifically provided under this Act. The State Government may delegate any or all the powers vested in it under this Act and rules framed there under to the Director. The Director may delegate any or more of his functions to any other officer or officers under him.
(2) The functions of the Director shall also include -
(i) supervision of the private market yard, direct purchase of agricultural produce from the agriculturist, consumers and farmers market, processing of agricultural produce from the agriculturist, consumers and farmers market, processing of agricultural produc e, activities of the registration holders under the Act and activities of the contract farming sponsor and producer ;
(ii) without prejudice to the provisions of section 45, authorising any officer in writing to launch prosecution for contravening any provisions of the Act and the rules made there under;
(iii) taking steps for grading and standardisation of agricultural produce.” Amendment of section 4
5. In the principal Act, in section 4, in sub-section (1), in the first line, between the words, “intention o f’ and “regulating”, the words “developing and” shall be inserted.
Amendment of section 5