LexThe TAMIL NADU AGRICULTURAL PRODUCE MARKETING REGULATION ACT, 1987
Tamil Nadu · state statute
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THE TAMIL NADU AGRICULTURAL PRODUCE MARKETING (REGULATION)
ACT, 1987.
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ARRANGEMENT OF SECTIONS.
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CHAPETER 1.
PRELIMINARY.
SECTIONS:
1. Short title, extent and commencement.
2. Definitions.
3. Notification of intention of regulating marketing of agricultural produce
in specified area.
4. Declaration of notified area.
CHAPTER II.
MARKET COMMITTEES.
5. Establishment of market committee.
6. Establishment of markets.
7. Establishment of special and subsidiary markets.
8. Trading in agricultural produce in notified area.
9. Alteration o f notified area, etc.
10. Constitution of market committee.
11. Publication of names of members of market committee.
12. Chairman and Vice-Chairman of market Committee.
13. Disqualification for membership of market committee.
14. Assistant Director of Agriculture to be Ex- Officio member.
15. Term of office of members, etc.
16. Incorporation of market committee.
17. Market committee to be a local authority.
18. Sub-committee, special committee and delegation of powers.
19. General meetings.
20. Proceeding of market committee not to be invalidated by informalities.
21. Nominated person to cease to be a member in certain cases.
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22. Officers and servants of market committee.
23. Execution of contracts by market committee.
24. Levy of fee by market committee.
25. Establishment of check – post or barrier.
26. Issue of receipt by market committee.
27. Determination of fee, etc ., not to be question in prosecution.
28. Levy of subscription for market reports, etc.,
29. Market Committee fund.
30. Purpose for which Market committee fund may be expended.
31. Power to borrow.
32. Trade allowance not permissible except in certain cases.
33. Special provision where there is delay in reconstitution of new market
committee, etc.,
34. Delivery of possession of records and properties of market committee.
CHAPTER III
MARKETING BOARD
35. Establishment of Tamil Nadu State Agricultural Marketing Board.
36. Constitution of Board.
37. Officers and servants of Board.
38. Powers and functions of Board.
39. Execution of contracts by Board.
40. Power to borrow.
41. Estimate of income and expenditure of Board.
42. Annual audit of accounts.
43. Superintendence and control by Government.
44. Market Board Fund.
45. Market Development fund.
CHAPTER IV
MISCELLANEOUS.
46. Powers and functions of Director.
47. Delegation of powers.
48. Penalties.
49. Liability of accused to pay fee, or other amount.
50. Composition of offences.
51. Power of Magistrate to recover summarily fee or other amount.
52. Power to make rules.
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53. Power to make regulation and by-laws.
54. Power to write-off irrecoverable amount, etc.,
55. Bar of certain proceedings.
56. President, Vice- President, Chairman and Vice – Chairman to be public
servants.
57. Limitation for certain suits and prosecutions.
58. Trail of offences.
59. Recovery of sums.
60. Revision.
61. Registration of document executed on behalf of board or market
committee.
62. Injunction not to be granted in certain proceedings, etc.
63. Liability of President, Vice- president, chairman, Vice- chairman and
member for loss, waste or misapplication of property.
64. Exemption.
65. Power to amend the schedule.
66. Power to remove difficulties.
67. Repeal and savings.
Schedule.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 17 th May 1988 and is hereby published for
general information:-
ACT No. 27 OF 1989.
An Act to amend and consolidate the law relating to, and to make better
provisions for, the regulation of buying and selling of agricultural produce and
the establishment and proper administration of markets for agricultural produce
in the State of Tamil Nadu.
WHEREAS it is expedient to provide for the better regulation of buying and
silling of agricultural produce and the establishment and proper
administration of markets for agricultural produce in the state of Tamil Nadu;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Thirty-eighth year of the Republic of India as follows:-
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.-(1) This Act may be called the
Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987.
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(2) It extends to the whole of the Tamil Nadu.
(3) The provisions of sub -sections (2) and (4) of section 22 and sub -
sections (5) and (7) if section 37 shall come into force at once and the
remaining and provisions of this Act shall come into force on such date as the
Government may, by notification, appoint; and different dates may be
appointed for different areas and for different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "agricultural produ ce" means any produce of agriculture, whether
processed or unprocessed, specified in the Schedule ;
(2) "agriculture" includes horticulture, fruit grow ing, seed growing,
animal husbandry (including breeding of livestock), agriculture, pisciculture
and sericulture and "agricultural" shall be construed accordingly ;
(3) "Board" means the Tamil Nadu State Agricultural Marketing Board
established under section 35 ;
(4) "broker" means an agent who, in consideration of commission, fee or
remuneration contrives, makes and concludes a bargain or contracts on
behalf of his principal, for the purchase or sale of any agricultural produce,
but does not receive, deliver, transport or pay for the purchase or collect
payment for the sale of the agricultural produce ;
(5) "Chairman" means the Chairman of a market committee ;
(6) "Collector" means the collector of the district in which the notified
area is situated or, if such area is situated in two or more districts, the
Collector of one of those districts designated in th e Government in that behalf
;
(7) "commission agent" means a person, who by himself or through his
servants, buys and sells agricultural produce for another person keeps it to
his custody and controls it during the process of its purchase and sale, and
collects payment therefor from the buyer and pays it to the seller, and receives
by way of remuneration a commission or percentage upon the amount
involved in each transaction ;
(8) "Director" means the Dir ector of Agricultural Marketing and Agri
Business or the Commissioner or Special Commissioner of Agricultural
Marketing and Agri Business, as the case may be, and includes any other
person or authority authorized by the Government by notification to perform
the functions of Director under this Act for such area as may be specified in
the notification;
(8-a) “e -trading” means a virtual platform created using information
and communication technology for marketing activities on any notified
agricultural produce such as billing, booking, contracting, negotiating,
information exchanging, record keeping, online trading, online payment and
other connected activities as are done electronically on computer network or
internet;”.
(9) "Government" means the State Government ;
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(10) "market" means any market established under sub -section (1) of
section 6 and shall, except in sub -sections (1) and (2) of that section, include
a subsidiary market ;
(11) "market committee" means any market committee established
under sub-section (1) of section 5 ;
(12) "notified agricultural produce" means by agricultural produce
specified in the notification under section 3 ;
(13) "notified area" means any area notified under section 4 as altered
by any notification under sub-section (1) of section 9 ;
(14) "notified maket area" means any area notified under sub -section
(2) of section 6 as altered by any notification under sub-section (1) of section 9
;
(15) "person" means an individual or a firm or a company or an
association or a body of individuals, whether incorporated or not, or a local
authority.
Explanation.- In this clause, "local authority" shall have the same
meaning assigned to it in cla use (20) of section 3 of the Tamil Nadu Public
Health Act, 1939 (Tamil Nadu Act III of 1939) ;
(16) "President" means the President of the Board ;
(17) "Processing" means any one or more of a series of treatments such
as powdering, crushing ,decorticating, husking, par-boiling polishing, ginning,
pressing, curing, pasteurising or any manual, mechanical, chemical, physical
or other treatment to which raw agricultural produce or its product are
subjected to, to make it fit for marketing or ultimate consumption ;
(18) "producer" means any person who grows rears, or produces by
himself, or by hired labour or otherwise, any agricultural produce in an extent
of land not less than half an hectare but does not include a broker or a trader
in that produce, although he may grow, rear or produce, that produce :
Provided that for the purposes of clauses (a) and (c) of sub -section (2) of
section 10, a person shall not be deemed to be a producer, unless he has
grown, reared, or produced the notified agricultural prod uce for a period of
not less than three years immediately preceding the date of occurrence of the
vacancy against which he is to be nominated.
If any question arises as to whether any person is producer or not for the
purpose of this Act, the decisio n of the Collector shall, subject to the
provisions of section 60, be final. In arriving at a decision, the Collector shall
follow such procedure as may be prescribed.
Explanation.- For the purpose of this clause, "producer" shall also include
a tenant ;
(19) "Registrar" means the Registrar of Co -operative Societies for the
State of Tamil Nadu ;
(20) "Schedule" means the Schedule to this Act ;
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(21) "Secretary" means the Secretary of a market committee and
includes a Joint, Deputy or Assistant Secretary ;
(22) "subsidiary market" means any subsidiary market established
under sub-section (3) of section 7 ;
(23) "trader" means a person who buys, sells, stocks, processes, treats
or in any way deals with any notified agricultural produce either for himself or
as a partner or as an agent of one or more persons and includes a
commission agent, del credere agent or any other mercantile agent but does
not include a broker.
3. Notification of intention of regulating marketing of
agricultural produce in specifie d area . - The Government may, by
notification, declare their intention of regulating the marketing of such
agricultural produce and in such area as may be specified in the notification.
(2) The notification shall state that any objection or suggestion which
may be received by the Government, within such period as may be specified in
the notification, shall be considered by them.
A copy of the notification shall also be published in such o ther manner
as may be prescribed.
4. Declaration of notified area. - (1) After the expiry of the period
specified in the notification under section 3 and after considering such
objection and suggestion as may be received before such expiry, the
Government may be notification, declare the area specified in the notification
under section 3 or any portion thereof to be a notified area for the purposes of
this Act in respect of any agricultural produce specified in the notification
under that section.
A copy of the notification shall also be published in such other manner
as may be prescribed.
(2) A notification under section 3 or under sub -section (1) shall have
full force and effect notwithstanding any irregularity or defect in the
publication of a copy of such notification.
CHAPTER II.
MARKET COMMITTEES.
5. Establishment of market committee. - (1) The Government shall
establish a market committee for every notified area. It shall be the duty of the
market committee to enforce the provisions of this Act and the rules and by -
laws made under this Act in such notified area.
(2) Where, after the establishment of a market committee under sub -
section (1) any agricultural produce is notified in relation to the notified area
for which th e market committee has been established, then, the market
committee shall be deemed, to have been established in respect of that
agricultural produce also.
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6. Establishment of markets. - (1) Every market committee shall
establish in the notified area such number of markets providing such facilities
including e-trading as the Government may, from time to time, direct for the
purchase and sale of the notified agricultural produce.
(2) The Government shall, as soon as may be, after the establishment of
a market committee under sub-section (1), declare, by notification, the area of
the market and such area around the market as may be specified in the
notification to be a notified market area for the purposes of this Act in respect
of any notified agricultural produce.
7. Establishment of special and subsidiary markets. - (1) Notwith
standing anything contained in section 6, where the Government are satisfied
that on account of the specialized nature of marketing of any agricultural
produce, like fresh fruits, fresh vegetables, or wool, in any area, it is expedient
to ensure the efficient regulation of the marketing of such agricultural
produce in such area the Government may establish,-
(a) in such area special market for such agricultural produce, and
(b) independ ent market committee in relation to such special market
notwithstanding that such area falls within the local limits of the jurisdiction
of any other market committee or committees already functioning in the area.
and every such special market and independ ent market committee shall be
established and constituted in the same manner in which a market and a
market committee is established and constituted under this Act.
(2) Where a special market and independent market committee are
established under sub -section (1), the Government may, by notification,
declare that the provisions of this Act shall with such modification,
restrictions or limitations as may by specified in the notification, apply in
relation to such special market and independent market committee.
(3) The market committee any, with the previous approval in writing of
the Government establish, within the notified market area, such number of
subsidiary markets as may be necessary providing such facilities as the
Government may, from time to time direct, for the purchase sale of the
notified agricultural produce.
(4) (a) The Government may, be notification, declare their intention to
direct the independent market committee, or as the case may be, the market
committee concerned to close such specia l market or subsidiary market as
may be specified in the notification. The notification shall state that any
objection or suggestion which may be received by the Government , within
such period as may be specified in the notification, shall be considered by it.
A copy of the notification shall also be published in such other manner as
may be prescribed.
(b) After the expiry of the period specified in the notification under
clause (a) and after considering such objection and suggestion as may be
received before such expiry, the Government may direct the independent
market committee, or as the case may be, the market committee concerned to
close the special market or subsidiary market specified in the notification
under clause (a) and such direction shall be given effect to be the independent
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market committee, or as the case may be the market committee concerned
within such period as may be specified in the direction.
8. Trading in agricultural produce in notified area. - (1) No person -
shall within a notified area.-
(a) setup, establish or use, or continue or allow to be continued any
place for the purchase or sale , storage, weighment, measurement or
processing of any notified agricultural produce, or
(b) operate as a broker, weighman, measurer, trader warehouseman or
in any other capacity in relation to the buying and selling of any notified
agricultural produce,
except under, and in accordance with the conditions of a licence granted to
him by the market committee:
Provided that the market committee may exempt from the provisions of
this sub -section any person who carries on the business of purchasing or
selling, storing, weighing, measuring or processing any notified agricultural
produce in any quantity not exceeding such quantity as may be prescribed:
Provided further that a producer selling, storing, weighing, measuring
or processing any notified agricultural produce which has been grown, reared
or produced by him, or a co -operative marketing society selling, storing,
weighing, measuring or proces sing any notified agricultural produce which
has been grown, reared or produced by any of its members, shall be exempt
from the provision of this sub-section, but the Government may withdraw, for
such period as may be prescribed, such exemption in respect of any such
producer or co-operative marketing society or all of them.
Explanation.-"Co-operative marketing society" means any co -operative
society registered or deemed to be registered under the Tamil Nadu Co -
operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961) which has, as its
principal object, the promotion of the marketing of the agricultural produce
grown, reared or produced by its members.
(2) Noting contained in sub-section (1) shall apply to -
(a) a person purchasing any notified agricultural product for his own
domestic consumption in any quantity not exceeding such quantity as may be
prescribed;
(b) a person purchasing any notified agricultural produce for his
own seed purposes in any quantity not exceeding such quantity as may be
prescribed;
(c) a Wareshousing Corporation established or maintained by the
State or central G overnment or a warehouseman licensed under the Tamil
Nadu Warehouses Act, 1951 (Tamil Nadu Act XV of 1951) in respect of
storage, weighment or measurement of anyu notified agricultural produce
accepted for warehousing.
(3) Notwithstanding anything contain ed in sub -section (1), no person
shall, after the date to be notified by the Government in this behalf in the
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Tamil Nadu Government Gazeette, purchase or sell any notified agricultural
produce in a notified market area outside the market in that area.
Explanation - For the purpose of this sub -section, purchase or sale
shar, unless otherwise prescribed, mean the purchase or sale in the first point
in the notified market area.
(4) A licence under sub-section (1) may be refused to a person -
(a) whose license was cancelled and a period of three years has not
elapsed since the date of the cancellation ; or
(b) who has been convicted of an offence where such offence relates
to his business or his integrity as a man of business: or
(c) in regar d to whom the market committee is satisfied, after such
enquiry as it considers adequate, that he is a benamidar for, or a partner
with, any other person to whom a license may be refused under clause (a) or
clause (b).
(5) If a market committee is satisf ied, either on a reference made to it
in this behalf, or otherwise, that -
(a) a licence granted under sub -section (1) has been obtained
by misrepresentation or fraud, or
(b) the holder of a licence has contravened, or failed to comply wi th,
any of the provisions of this Act or the rules or bylaws made under this Act
or any of the conditions of the license,
(A Group) IV-2 Ex.(394)-2
then, without prejudice to any other penalty to which the holder of the
licence may be liable under this Ac t, the market committee may, subject to
such rules as may be made in this behalf, cancel or suspend the licence,
after giginv the holder of the lic ence a reasonable opportunity of showing
cause against such cancellation or suspension.
(6) Any person aggrieved by the decision of the market committee,-
(a) refusing to grant, or register
(b) cancelling or suspending,
a licence may, within such time as may be prescribed, appeal to the Board
and the Board may make such order in the case as it may think fit.
(7) A licence granted under sub -section (1) shall be valid for a period of
-
(a) three years in respect of a person who carries on the business, by
wholesale, of purchasing or selling any notified agricultural produce;
(b) one year in respect of others,
and may be renewed from time to time and the provisions of this Act shall, so
far as may be, apply in relation to the renewal of a licence as they apply in
relation to the grant of a licnece.
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(8) Every person to whom a licence is granted registered for liable to be
licnece under sub-section (a) shall comply with the provisions of this Act, the
rules and by -laws made under this Act and the conditions specified in the
licence.
(9) Every person licensed or liable to be licensed and liable to pay fee or
any other amount under this Act shall keep and maintain a true and correct
account and such other records showing such particulars as may be specified
in the rules and into by -laws of the market committee and shall submit such
periodical returns relating to his business transaction including processing as
may be prescribed, to the market committee in such manner and within such
period as may be prescribed, together with the fee or other amount due on the
basis of the return.
“8-A. Trading in agricultural produce in the State - (1) Notwithstanding
anything contained in section 8, the Director or the officer authorized by him
in this behalf may grant a licence to a person for buying or selling or
operating in any other capacity in relation to buying or selling of any notified
agricultural produce in any notified market area and every application for
grant of licence shall be made in such form, in such manner and
accompanied by such fee, as may be prescribed.
(2) A licence under sub-section (1) may be refused to a person --.
(a) whose licence was cancelled by the market committee or the
Director or the officer authorized by him and a period of three years has not
elapsed since the date of the cancellation; or
(b) who has bee n convicted of an offence where such offence
relates to his business or his integrity as a man of business; or
(c) In regard to whom the Director or the officer authorized by
him is satisfied, after such enquiry as he considers adequate, that he is a
benamidar for, or a partner with, any other person to whom a licence has
been refused under clause (a) or clause (b).
(3) If the Director or the officer authorized by him is satisfied, either on
a reference made to him in this behalf, or otherwise, that-
(a) a licence granted under sub -section (1) has been obtained by
misrepresentation or fraud, or
(b) the holder of a licence has contravened, or failed to comply
with, any of the provisions of this Act or the rules or by -laws made under this
Act or any of the conditions of the licence.
then, without prejudice to any other penalty to which the holder of the licence
may be liable under this Act, the Director or the officer authorized by him
may, subject to such rules as may be made in this behalf, cancel or s uspend
the licence, after giving the holder of the licence a reasonable opportunity of
showing cause against such cancellation or suspension.
(4) Any person aggrieved by the decision of the Director or the officer
authorized by him-
(a) refusing to grant, or
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(b) cancelling or suspending,
a licence may, within such time as may be prescribed, appeal to the Board
and the Board may make such order in the case as it may think fit.
(5) A licence granted under sub-section (1) shall be valid for a period of
three years.
(6) Every person to whom a licence is granted under sub -section (1)
shall comply with the provisions of this Act, the rules and by -laws made
thereunder and the conditions specified in the licence.
(7) Every persons to whom a licence is granted under sub -section (1)
shall keep and maintain a true and correct account and such other records
showing such particulars as may be specified by the Director and shall
submit such periodical returns relating to his business transaction including
processing as may be prescribed, to the Director in such manner and within
such period as may be prescribed, together with the fee or other amount due
on the basis of the return.
9. Alterat ion of notified area , etc. - (1) The Government may , by
notification, with effect on and from such date as may be specified in the
notification,-
(a) include any area in, or exclude any area from, any notified market
area;
(b) divide any notified area into two or more separate notified areas;
(c) amalgamate two or more notified areas into one notified area;
(d) declare that regulating the marketing iof any notified agricultural
produce in any notified market area shall cease or that the marketing of any
agricultural produce hitherto not regulated shall be regulated in any notified
market area;
Provided that the power conferred by this section shall, in relation to
any notified area or agricultural produce, be subject to the provisions of
section 3.
(2) when the limits of the notified area for which a market committee is
established area altered under sub -section (1) the following consequences
shall, with effect on and from such date as may be specified in the
notification, ensure, namely:-
(a) the market committee shall stand dissolved and its members shall
vacate their offices as such members:
(b) a new market committee shall be established and constituted for
the new notified area in accordance with the provisions of section 5 and
section 10;
(c) the licence, if any, granted by the dissolved market committee
shall be deemed to have been granted by the new market committee having
jurisdiction and shall continue to have effect accordingly for the remaind er of
the period for which it was granted;
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(d) there shall be transferred to the new market committee such
portion of the dissolved market committee's funds and other assets, debts and
obligations as the Government may, by order, direct and the rights and
liabilities of the dissolved market committee in respect of civil and criminal
proceedings, contracts, agreements and every other matter or thing arising in,
or relating to, any part of the notified area within the jurisdiction of the new
market committee, shall vest in the new market committee.
(10) Constitution of market committee, - (1) Every market committee
shall consist of sixteen members and shall be constituted in the manner
hereinafter specified.
(2) Every market committee shall consist of-
(a) eight producers of the notified agricultural produce in the notified
area, nominated by the Government in consultation with the Director, of
whom at least three shall be small farmers and another three shall be
marginal farmers:
Provided that wh ere more than one agricultural produce has been
notified in respect of any notified area, such nomination shall, as far as
practicable, secure the interests of the producers of all the notified
agricultural produces in that notified area;
(b) three per sons licensed under sub -section (1) of section 8 in the
notified area in respect of any notified agricultural produce, nominated by the
Government in consultation with the Director;
(c) one producer of any notified agricultural produce residing in the
notified area, nominated by the Government in consultation with the
Registrar; and
(d) three officials nominated by the Government in consultation with
the Director of whom one shall be the officer -in-charge of the district in the
Government Departmen t of Agriculture, and two shall be the officers in -
charge of the district in any two of the Government Departments of Animal
Husbandry, Forestry, Fisheries, Horticulture, Sericulture or Oil seeds.
Explanation - For the purposes of clause (a) -
(i)"small farmer" means a person whose principal means of livelihood is
income derived from agricultural land and who holds, whether as owner,
tenant or mortgagee with possession, or partly in one capacity and partly in
another, more than half a hectare of irrigated land or one hectare of
unirrigated land but not more than one hectare of irrigated land or two
hectares of unirrigated land;
(ii) "marginal farmer" means a person whose principal means of
livelihood is income derived from the agricultural land and who h olds,
whether as owner, tenant or mortgagee with possession, or partly in one
capacity and partly in another, not more than half a hectare of irrigated land
or one hectare of unirrigated land,
and where any person hold both irrigated and unirrigated land, one hectare of
irrigated land shall be deemed to be equal to two hectares of unirrigated land.
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(3) The Government may, at any time withdraw any member or
members nominated by them under sub -section (2) and fill up the vacancy or
vacancies by fresh nomination.
11. Publication of names of members of market committee - The
names of the members of the market committee nominated under section 10
shall be notified by the Government in the Tamil Nadu Government Gazette.
12. Chairman and Vice -Chairman of ma rket committee - Every
market committee shall elect in such manner as may be prescribed,-
(a) one of its members who is nominated under clause (a) or clause
(c) of sub-section (1) of section 10 to be its Chairman, and
(b) another member to be its Vice Chairman
13. Disqualifications for the membership of market committee ._ A
person shall be disqualified for beingnominated as and for being , a member
of market committee
(a) if he is a minor or of unsound mind
(b) if he is an applicant to be adjudicated as insolvent or is an
undischarged insolvent;
(c) if he has been sentenced for any offence involving moral turpitude,
punishable under any law with imprisonment for one year and upwards, such
sentence not having been an nulled and a period of five years has not elapsed
from the date of expiration of the sentence;
(d) if, and for so long as, there subsists a contract entered into by
him in the course of his trade or business with that market committee for the
supply o f goods to, or for the execution of any works undertaken by, that
market committee.
Explanation - For the purposes of this clause, where a contract has
been fully performed by the person by whom it has been entered into with the
market committee, the contract shall be deemed not to subsist by reason only
of the fact that the market committee has not performed its part of the
contract either wholly or in part;
(e) if he is in default for a period exceeding fifteen days by failing to
pay any fee or any other amount due to the market committee, from the date
on which a demand or notice has been served on him in that regard;
(f) if he is employed as legal practitioner on behalf of the market
committee or against it; or
(g) if he is a paid officer or servant of any market committee.
14. Assistant Director of Agriculture to be ex-officio member-
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The Assistant Director of Agriculture in -charge of marketing having
jurisdiction over the notified area shall be the ex-officio member of the market
committee established for which area, or where there are two or more
assistant Directors of Agriculture in -charge of marketing having jurisdiction
over different portions of a notified area, one of such Assistant Directors as
the Government may specify in this behalf.
15. Term of office of members, etc . - (1) The term of the office of the
members of a market committee, other than the ex -offcio member or the
members nominated under clause (d) of sub-section (2) of section 10, shall be
three year s from the date of publication in the Tamil Nadu Government
Gazette of the notification under section 11 and such members shall be
eligible for nomination for not more than another term of three years:
Provided that, for the purposes of this sub -section, a person who has
held office in a causal vacancy for a period of not less than one year shall be
eligible for nomination for not more than another term of three years :
Provided further that, a member notwithstanding the expiry of this
term of office, sh all continue to hold office and function as a member of the
market committee until the nomination of his successor, or for a period of
three months, whichever is earlier :
Provided also that the Government any, by notification, on or before the
expiry of term of office of the members of a market committee, for sufficient
cause, direct that the term of office of such members of the market committee
as a whole be extended by such period not exceeding six months at any one
time, but not exceeding one year in the aggregate.
(2) (a) A member of every market committee, other than the ex -officio
member or the members nominated under clause (d) of sub -section (2) of
section 10, shall cease to hold his office if he absents himself from three
consecutive meetings of the market committee, including meetings which, for
want of quorum could not be held.
(b) For the purposes of clause (a), no meeting of the market committee
from which a member absents himself shall be counted against him if due
notice of that meeting was not given to him.
(3) Where a person ceases to be a member under sub -section (2), the
Chairman shall at once intimate the fact in writing to such person and report
the same to the market committee at its next meeting. The market committee
may suo-motu at that meeting and shall on an application made by such
person within fifteen days of the receipt by him of such intimation, at its next
meeting after the receipt of such application, restore him to his office as
member:
Provided that a member shall not be so restored more than twice during his
term of office.
(4) Every causal vacancy in the office of any member of the market
committee shall ordinarily be filled up not later than three months from the
date off occurrence of the vacancy by a fresh nomination in the manner
prescribed:
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Provided that no casual vacancy shall be filled up within four months
before the expiry of the term of office of the member in whose office the casual
vacancy has occurred.
(5) The member nominated to fill up a casual vacancy under sub -
section (4) shall hold office only so long as the member in whose place he is
nominated would have been entitled to hold office it the vacancy did not
occur.
Explanation.- For the purpose of this section, "casual vacancy" means a
vacancy occurring otherwise than by efflux of time.
(6) If at any time it appears to the Government that any person
nominated by them has shown himself to be unsuitable for his office, or has
been guilty of any misconduct or neglect which renders his removal
expedient, the Government may, by notification, remove such person from his
office.
16. Incorporation of market committee. - Every market committee shall
be a body corporate by such name as the Government may specify, shall have
perpetual succession and a common seal, may sue and be sued in its
corporate name, and shall, subject to such restrictions as are imposed by or
under this Act, be competent to acquire and hold property, both movable and
immovable, se ll, lease or other wise transfer any movable or immovable
property which may have become vested in or been acquired by it and to
contract and to do all other things necessary for the purpose for which it is
established :
Provided that no immovable pr operty shall be transferred by way of sale,
lease or otherwise without the prior permission of the Government.
17. Market committee to be a local authority. - Every market
committee shall be deemed to be a local authority for the purpose of the Land
Acquisition Act, 1894 (Central Act I of 1894) and the Local authorities Loans
Act, 1914 (Central Act IX of 1914).
18. Sub-committee, special committee and delegation of powers .-
The market committee may appoint one or more of its members to be a sub -
committee or to be a special committee for the conduct of any work, or to
report on any matter, pertaining to its duties or functions under this Act and
the rules and by -laws made under this Act and may delegate to any one or
more of its members such of its own power or duties as it may think fit.
19. General meetings. - (1) The market committee may, at any time,
call a general meeting of the producers of the notified agricultural produce in
the notified area and of person licensed under sub -section (1) of section 8,
and shall call such a meeting within one month after receipt of a requisition
in writing from the Director or from such number of producers and of persons
licensed under sub -section (1) of section 8 or portion of the total number of
producers and of p ersons so licensed as may be specified in the bylaws of
market committee.
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(2) If no general meeting is called in accordance with such requisition,
the director shall have power to call a general meeting himself.
20. Proceedings of market committee not to be invalidated by
informalities.- A market committee shall have power to act, notwithstanding
any vacancy in the membership, or any defect in the constitution thereof and
the proceedings of a market committee shall be valid notwithstanding that
some pe rson, who was not entitled to be a member, had sat, voted or
otherwise taken part in the proceedings of any such committee.
21. Nominated person to cease to be a member in certain cases. -
Any person nominated under clause (a), (b) or (c) of sub -section (2) of section
10 in his capacity as a member of a particular body or the holder of a licence
under sub-section (1) of section 8 shall, if he ceases to be a member of that
body or the holder of that licence, as the case may be, for a period of more
than three months, cease to be a member of the market committee.
22. Officers and servants of market committee. - (1) Subject to the
provisions of sub -sections (2), (3) and (4) and the rules made in this behalf,
the market committee may appoint a Secretary and ot her paid officers and
servants as are necessary for the necessary for the efficient performance of its
functions. The Secretary and other paid officers and servants of the market
committee shall be whole-time Government servants.
(2) Notwithstanding anything contained in any law for the time being in
force, on and from the 17 th November 1981, the Secretary and other paid
officers and servants of every market committee established under the Tamil
Nadu Agricultural Produce Markets Act, 1959 (Tam il Nadu Act 23 of 1959)
shall become whole-time Government servants.
(3) The salaries, allowances, pensions and other remuneration of the
Secretary and other paid officers and servants of the market committee shall
be paid in the first instance from the Consolidated Fund of the State and the
market committee shall, out of the Market Committee Fund, repay to the
Government the amounts paid by the Government under this sub-section.
(4) Notwithstanding anything contained in this Act and subject to the
provisions of Article 311 of the Constitution, the Government may make rules
regulating the conditions of service of the Secretary and other paid officers
and servants of the market committee.
(5) Any r ule under sub -section (4) may be made so as to have
retrospective effect on and from a date not earlier than the 17 th November
1981.
23. Execution of contracts by market committee. - (1) Every
contract entered into by the market committee shall be in writing and shall be
signed on behalf of the market committee by the Chairman, the Secretary and
one other member of the market committee or where a Special Officer has
been appointed under sub -section (1) of section 33 in respect of a market
committee such Special Officer and the Secretary.
(2) No contract other than a contract executed as provided in sub -
section (1) shall be binding on the market committee.
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24. Levy of fee by market committee. - (1) The market committee
shall levy a fee on any notified agr icultural produce bought or sold in the
notified market area at a rate not less than one rupee but not exceeding two
rupees for every hundred rupees of the aggregate amount, for which the
notified agricultural produce is bought or sold whether for cash or for deferred
payment or other valuable consideration :
Provided that, when any agricultural produce brought into any notified
market area for the purpose of processing only, or for export is not processed
or exported therefrom within thirty days from the date of its arrival therein, it
shall, until the contrary is proved, be presumed to have been brought into
such notified market area for buying and selling, and shall be subject to the
levy of fee under this section on the value of the agricultural produc e, as if it
has been bought and sold therein.
Explanation I. For the purposes of this sub -section, all notified
agricultural produces taken out or proposed to be taken out of a notified
market area shall, unless the contrary is proved, be presumed to be bought or
sold within such area.
Explanation II. - In the determination of the amount of the fee payable
under this Act. any fraction of ten paise less than five paise shall be
disregarded and any fraction of ten paise eared to or exceeding give paise shall
be regarded as ten paise.
“Provided further that no fee shall be levied more than once on any notified
agricultural produce bought or sold in any notified market area within the
State.”
(2) The fee referred to in sub -section (1) shall be paid by th e purchaser
of the notified agricultural produce concerned :
Provided that where the purchaser of notified agricultural produce
cannot be identified, the fee shall be paid by the seller.
(3) If any notified agricultural produce liable to payment of fee under
sub-section (1) is found to have been processed without payment of fee
payable in respect of that produce, the fee shall be levied and recovered on the
equivalent quantity of the notified agricultural produce notwithstanding such
process.
(4) (a) The fee payable under sub -section (1) shall be determined and
collected in such manner as may be prescribed.
(b) The burden of proving that any notified agricultural produce is not
liable for the levy of fee or the fee payable has already been paid unde r this
section shall lie on the person claiming such exemption or non -liability and
till it is established with sufficient records to the satisfaction of the market
committee that the notified agricultural produce has already suffered the
liability, the fee due on such produce shall be paid.
(5) Any notified agricultural produce taken or proposed to be taken out
of a notified market area exceeding such quantity as may be prescribed shall
be accompanied by a permit issued by the Secretary of the market com mittee
subject to the by-laws made in this behalf by the market committee.
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25. Established of check -post or barrier. - (1) If the Government
consider that with a view to prevent or check the evasion of payment of fee or
other amount due to the market committee under the provisions of this Act, it
is necessary so to do, they may, by notification, direct, the setting up of
check-post or the erection of barrier or both, by the market committee at such
place or places as may be specified in the notification.
(2) At every check -post or barrier mentioned in sub -section (1), or at
any other place when so required by any officer or servant of the market
committee empowered by the Government in this behalf, the driver or any
other person in charge of any animal, vessel, cart or other vehicle as the case
may be, and keep it stationary so long as may reasonably be necessary and
allow such officer or servant empowered as aforesaid to examine the goods
carried by such animal, vessel, cart or other vehicle and inspect all records in
the possession of such driver or other person in charge of such animal, vessel,
cart or other vehicle.
(3) If, or such examine Excerpt shown. Open the full act in Lexace.