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The Tamil Nadu Agricultural Produce Markets Act, 1959

Act 23 of 1959

Keyword(s): Agriculture Produce, Agriculture, Co-operative Marketing Society, Market, Market Committee Notified Market Area Amendments appended: 33 of 1978, 18 of 1970, 24 of 1980, 5 of 1981, 53 of 1981, 4 of 1983, 13 of 1985, 14 of 1985, 37 of 1985, 18 of 1986, 49 of 1986, 66 of 1986, 11 of 1987, 46 of 1987, 8 of 1989, 13 of 1991

Agricult yr 1 Produce , l *,,&&reeti -.

I THE TAMIL NADU AGRICULTURAL PRODUCE MARKETS ACT, 1959.

TABLE QF C$NVNTS. r I

r . i PREAMBLE. , .. : ,S~cnoNs.

1 Short title, extent and'q$tnqqpmeht. * I

2 Definitions.

3 ~otification of intention of exercising control over purchase and sale of agriqyltural produce in specified area. r n r r ~ ~ r . i -

." ... L l l . ' ? Y : *

4 Declaration of notified area . -. ,

5 Establishment of market committee.

6 Tradicg irr agricultural produce in notified area.

7 Power of Government to alter notified ~ r e a or notified market area.

8 Constitution of market committee by election.

9 Constitution of market committee by co-opera tive marketing society.

10 District Agricultural Officer to be ex-officio member.

11 Term of omce of members, etc.

12 (Omitted).

Incorporation of market committee.

Subconunittee, special committee and delegation of powers.

Meetings.

Appointment and salaries of officers and servents of market committee.

Execution of contracts.

Levy of fee by market committee.

Levy of subscriptions for market reports, etc.

Market committee fund.

4959 : T.N. Act 231 ~ ~ r i c u ~ t ~ r a f p l o w Mar :C e ts

$ECTLONS.

21 Purposes for which the fund may be expended.

22 , No trade allowance permissible except as presmikd br t 11. - 5

or by-laws . - , 4

I f , . . 23 Power to borrow.

24 Supe~session of market commiW.

25 Pedalt i s .

26 Liability of accused to pay fee of o m amcunt . 27 Composition of offences.

28 Power of Magistrate to recover summarib fee or other amount.

~ 29 Rub.

30 By-laws . 31 power to write off irrecoverable'fee, etc.

1 32 Trial of off~nce~. . *

33 Recovery of sums due to Govement from market corn. rnittee.

Power of Government to call for records and pass otdsn.

75 Saving.

36 Registration of document executed on behalf of a market committee.

37 Liability of the chairman, vicechaSman and membon S ' loss, waste or misapplication of propaty.

38 Re@*

360 ~ g r ~ c o l t u r a ~ Ymtuct: [I959 : T.N. Act 23: Markets

1 1

I[TAMIL NADU] ACT No. 23 OF 1959.2 I THE '[TAMIL NADU] AGRICULTURAL PRODUCE

MARKETS ACT, 1959. I [Received the assent of the Governor on the 24th December

1;;3,Jirst published in the Fort St. George Gazette on the 13th January 1960 (Pausa 23, 1881).]

An Act tg provide for the better regulation of buying. and selling ~f agricultural prod nce and t !re establis11- men t and proper administration of markets for agr icul- tural produce in the 3[State of Tamil Nadu].

WHEREAS it is expedient tp provide for the better regulation of buying and selling of agricultutal produce and the establishment; and proper administration of markets for agricultural produce in the J[State of Tamil Nadu] ;

BE it enacted in the Tenth Year of the Republic of India , as follows :-

Short title, 1. (1) This Act may be called the l[Tamil Naduj Agri- ,tent and cultural Produce Markets Act, 1959. sommence- ment. (2) It extends to the whole of the s[State of Tamil

Nadu.]

(3) It shall come into force on such date as the Govern* ment may, by notification, appoint ; and different dates may be appointed for different areas and for different provisions of this Act.

- -- -- I These words were substituted for the word " Madras " by the

Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order* 1969,

8 For Statement of Objects and Reasons see Fort SL ~ e o r ~ e Gazette Extraordinary, dated the 17th April 1959,Part IV-A, page 257.

This Act was sxtended to the added temtories by section 3 of, and the First Schedule to, t h e - T d l Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961) repealing the ~~rrtsponding law in force in those territories.

8 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tanlil Nadu Adaptation ol' Laws (Second Amend- ment) Order, 1969.

. - - 1 * .. - - .. I-. = , % . ? A .

Q 959 : T,N. Act n] Agricultural Produce: 361 Markets

2. In this Act, unlcss the cc3tayt otherwise requires,- Definitions.

(i) "agricultural produce'' include$ anything produced in the course of agriculture and any other produce, whether processed or unprocessed, declared by the Government, by r3tification, to be an agricultural produce for the purposes sf this Act ;

(ii) " agriculture " includes horticulture, fruit growing and seed growing, and " agricultural ': shall be construed accordingly ; I

(iii) "Collector" means the Collector of. the district in which the notified area is situated or if such area is situated in t w o or more districts, the Collec &'.'of one of those

- , . -J . 1 4 J . . k districts designated by the ~overnin' hxfin that behalf ; . . 1 ; I

(iv) ''irn-@perative rnarkdtingwkiety " means any 40-operative society registered or tleelilitj'd to be registered under the *Madras Co-operative Societies Act, 1932 {Madras .Act: VI of 1932), or ,under t h ~ , Travancore-Cochin Co-operative Societies- .,Act& . 1951 , (Travanbre~Coohin Act X of 1952), which has, as its. princip&objject,the promo- tion of the sale.of the agricultural produke grown, ieaied or produced by its members ; , -. , . . I .-.

(v) ," Director " means the ,?[Director of Agriculture, Tamil Nadu], and includes any 'otherJpei$on or authority authorised by the Government, by notification, to perform the functions of the Director under this Act for such area as may be specified in the notification ;

I /

, (vj) " Government " means the State Government: (vii) " market " means any market established under

sub-section (3) of section 5 ;

(viii) " market committee " means any market com- mittee established under sub-section (1) or sub-section (2) of section 5 ;

(ix) " notified agricultural produce " means any a d - cultural produce specified in the notification under section 4; -- ---7 -

1 This expression was substituted for the e ression "Director of f Agriculture, Madras " by paragraph 3 of. an the Schedule to, the Tamil Nadu Adaptation of Laws Order, "1970.

*Now the Tamil Nadu Co-operative Societies Act, 1961 :Tqmil Nzdu Act 53 of 1961) .

t 362 Agr~cult ural Produce [1959:T.N.Act23 9

Markets 4 e

i . I

s , . i s ," >.i3& \ ,- i: r "!* , I . -?: (x) "notified area." meads any iri"a noti& under

rection 4 as altered by any notification under section 7 ; 1 4

(xi) " notifi'ed'iri'arket area " means any area notified' under sub-section (4) of section 5 as altered by any notifi* cation under section ,7 7;

(xii) " person'' means an ind..vidual or a company or an assoc:iation or a body of individuals, whether incorporat- ed or not, and includes a local authority ;

Expr'anation.-In this clause, " local authority " has the meaning assigned to it in dcluse (20) of section 3 of the Iflamil Nadu] Public Health Act, 1939 ('[Tamil Nadu Act I11 of 1939 ;)

(xiii) " producer " means ally person who grows,. rears or 1)roduces by himself or by hired labour or otherwise any agricuitural produck, but does not include a dealer or broker in that produce, although he may grow, rear o r produce, that produce ; -

If any question arises whether any person is a producer or not for the purposes of this Act, the decision of the Collector shall subject to the provision of section 34 be final. The decision of the Collector shall be in accordan= with such procedure as may be prescribed.

(xiv) " Registrar" means the 2[Registrar of ~ 0 - operative Societies, Tamil Nadu].

3. The Government may, by notification, declare their NOtificarion intention of execising control over the purchase and sale of of intention of exercising bb -h agricultural produce and in such area as may >e mtro: aver specified in the notification. Such notification shall state purchare that any objections or suggestions which may be received and sale by the Government, within a period to be specified in the agricultural produce in notification, will be considered by them. specified area.

1 These words were substituted for the word " Madras " by the Tamil Nadu -4daptaticn of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

for the expression :c Registrar of paragraph 3 of, and the &he&e

Order, 1970. "

4. (1) ARer .the expiry of the paiod ,spcified in tbe Daclaratio~ notiticatkin' M i q n -3 a$d-;&&r Cbnsideriag such of notified objeddns ktrd dggest?6nb &s nldy be r8&iv9d &fore dch expiry, the Government may, by notification, declare the area specified in the notification under, section 3 or any portion thdt'dcif b W a~liotified &&:for t M purposes of this Act% resNct of any'hgHculWal-produce specified in tlie zlotifichfiob &ndef.tIiat section..

r p . I t . ' r ,,.I ' J d - I . a . - 4

JdoPy' of' the fiotifi~(ltibn shall* 6b ' published in such manner as ~ a y be pf-tibed. ,., ;; -

. +- - 3 or under

5. (1) The Government shall establish a market corn- mtabliab- mittee for every notified area. It shalI be the duty of the ment of

, market committee to ehforce the provisions of this Act and market the rules and by-laws bade therchnder in such notified committee- area.

(2) (a) Notwithstanding anything contained in sub- section (I), where any co-operative marketing society offers ta undertake the enforcement of the provisions of this Act and the rules and by-laws nude thereunder in any notified area, it may apply to the Government through the Registrar in such manner and with such particulars as may be prescribed. The Registrar shall after making such enquiry as he deems necessary forward the applicatiov to the Government with his remarks thereon.

(b) If, on considering the remarks of the RL;:qfrar i~nder clause (a), the Government are satisfied that the co-operative marketing society may fulfil the offer: they may, by order direct the co-operative marketing society to establish a market committee for the notified area cza- cerned.

(3) Every market. committee shall establish in tl e notified area 'such number of markets providing for such

364 Agricultural Produce 11959 : T, N, Act 23 Marks ts

q

facilities, as the ~over,nment may from time to time direct, for the purchase and Sale of the notified agricultural pro- duce. <

I .

(4) The ~overnmeGt shall, as soon as may be, afte r the establishment of a market by a market committee under sub-section (3), declare, by notification, the area of the market and such area around the market as may bc specified in the notjfiqation to bea notified ma~&,et;.area for the purposes of this Act in respect of q y , notified r?gricultural produce :

Provided shall i ~ ~ ~ ~ $ e iq' the notification area in respect of which any which ,@$ estab-

(2);$&5es on its business :

provided f u r t ~ < ~ ' t b t the Government may iubject to such rules as may be ldhde include in the notification under this sub-sectioa the7 area. in respect of which any co- operative marketing sociefy carries on its business.

Trading in 6. (1) No person shall, within a notified area, set up, agricultural establish or use, or'contihie or allow to be continued, any produa in place for the purchas6'or sale, storage, weighment, pressing notified area. or processing of any notified agricultural produce, except

under and in accordan* with the ccnditians of a licence granted to him by the inarket committee :

Pravided that the market commitke may exempt from the provisions of this sub-,section any person who carries on the business OP purchasing or selling any notified agricultural plroduce in any auantity not exceeding that prescribed :

Pravidel further tkat a producer selling his notified agricultural produce which has been grown, reared or I! G produced by him, or a co-operative marketing society selling notified agricultural produce which has been grown, reared or prt~duced by any of its members, shall be exempt from the provisions of this sub-section, but the 'Govern- ment may withdraw for such period as may be prescribed such exemption in respect of any such produce or co- operative marketing society or all of them or impose such penalty as nny be prescribed.

1959 : 'r.I\c. ACC W] Agricultural Produce 365 Markets

I

(2) Nothing contained in sub-section (1) shall apply I t o a person purchasing notified agricultural produce for

his own domestic consumption in any quantity not excee- ding that prescribed.

l[(2-A) Notwithstandil~g anything-contailled i i ~ sub- sectioil (1), no persoil shall, after the date to be notified by the Government i l l this behalf in the Tamil Kadu Govern- ment Gazette, purchase or sell any notified agricl-l tural prodnce i i l a notified market area outside the market in ahat area.

Explanation.--For the purposes of this su b-eecrion, purchase or sale shall, unless otherwise prescribed. mean the filst point of purchase or sale in the notified market area.]

(3) A licence u:lder sub-section (1) may be ref~ired to a person-

(i) whose licence was cancelled and three years have not elapsed since the date of the cancellation ;

(ii) who has been convicted of an offence, or been guilty of misconduct affecting the said person's integrity as a man of business ;2 [or]

(iii) in regard to whom the market committee is satisfied after such enquiry as it considers adeqrate, that he is a benamidar for, or a partner with, any other 2erson to whom a licence may be refused; 3[under clause (i) or (ii)]

1 This syb-section was inserted by section 2 (1) of the Tamil Nadu ~gricultural Produce Marke is (Amendment) Act, 197i (Tamil Nadu $ct 2 of 1972).

2 This word was added by qection 2 (2) (a), ibid.

3 This expression was substituted for the qxpressioi? "under' clause f i) or (ii); or" by sect ion 2(2) (b), ibid.

3G6 Agricultural Produce [I 959 : T,N. Act 23 Markets

(4) If a market'committee is satisfied, either on a reference made to it in this behalf, or otherwise, chat- [

(a) a licence' grgraed under hub-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 thereunder or any'of the conditions of the licence,

then, without prejudice to any other penalty to which i the holder of the licence may be liable under this Act, the market committee may, subject to such rules as may be 4

4 made under this Act, cancel or suspend the licence, after g:l7ina the holder of the licence a reasonable opportunity of showing cause against such cancellation or suspension.

(5) Any person aggrieved by the decision of tha- 1

market cpmmittee refusing to grant or cancelling or sus- pending a licecce may, within such time as may be prescri- bed, appeal to the Collector and the Collector may make such order in the case as he may think fit.

(6) A licence granted under sub-section (1) shall be 3

valid for a financial year and shall be renewed from financial , $

year to financial year.; and the provisions of this Act ""f'

shall, so far as may lie, apply in relation to the renewal of a licence as theyzapply in relation to the grant of a licence*

(7) Every persod to whom a ficence is granted under sub-section (1) shall comply with the provisions of this Act, the rules and by-laws made the:reunder and the dondi- t rons specified in the licence.

'-) p-.I*Cw - - v =

6 I

-- .----- - . - -- - . 5.. - - ,

1959 : T.N. Act 231 Agl icul t ura l Produce 367 Markets

7. The Government may, by notificati6n-

(a) exclude from any notified area or from any notified to alter notified are3

market area any area comprised therein, or or notified market area.

(b) include in any notified area or in any notified inarket area any new area:

Provided that the power conferred by this section shall, in relation to any notified area, be subject to the provisions of section 3.

8. (1) Every market conimittee other than a market Constitution committee established by a co-operative marketing society Of market under sub-section (2) of sectica 5, shz.11 con~ist of mem- committee

bers not exceeding eighteen and shall be constituted the by election,

manner hereinafter specified . (2) Each of the following electorates shall elezt as

members, from among the pxsons comprising it, tu the market committee :-

(a) producers of the !;ot.ified c~r icul tur~ 1 p rcd~ce the notified arep;

(b) persons licenced under sub-:.ection (1) of section 6 in the notified area in respect of the notified agricultural produce.

(3) The number of memben to be elected under clause (a) of sub-section (2) stall b5 X?Y Q F ~ the number of mem- bers to be elected under clause (b) of that sv &section s b ~ l d b four.

1[(3-A) The members to be elected under clauses (a) and (b) of sub-section (2) shall be chosen in such territorial constituencies as may be pr~oribed and each such territorial constituency shall-

(a) so far as practicable, consist of the same number of electors, and

I :

(b) return one member onIy.1 7 - - -

This sub-section was inserted by sectisn 2 of the Tamil Nadu Prodwe Markets ( M 8 p d p 4 ) &, 1965 ( ~ a m i l %:.:!A of 19a). : *

Agr fnrI,tu~al produce 1 [I959 - : T.N. Act 23 Maite t s p - .

'0 t '

(4) The ' ~ b v e ~ ~ r n e ~ t may ippoidt to eve;); market - committee one producer residing in the notified area on the

recommendation of the Registrar to represent co-operative interests.

(5) The Govqnment may appoint to every market committee such number of members as they think fit, not exceeding three :

Ptovided that where a market committee is established for ally notified area for the first time-

(i) the' Government shall appoint a11 the members of sucb committee for a perlod of one year ; and

(ii) if before the expiry of the period of one year aforesaid the elections ~f ~~I~lnbc;rs to the market committee could not be held or if, for any reason the Government consider it dvgsirable that the market committee should consist sc lely of members appointed by them, they may extend the term of office of all or any of the members appointed under clause (i), or appoint new members in their places for such period or periods, '[not exceeding three years] in the, aggregate as they think fit.

Constitution 9 , Evtry market committee established by any co- of Market operative marketing society under sub-section (2) of section

I 5 shall consist of the following members, namely :- , by Co-ope- rative . i r' c

Marketi rsg -3 Society.

(i) nine persons appointed by the co-operative marketing so~iety from among the producers of the notified agricultural produce in the notified area and wno are members of the said society ;

(ii) four persons appointed by the co-operative mark* ting society from amon the licensed under sub-section (1) of section 6 in the noti f ed area in respect of the notified agricultural produce and who are members of the said society :

1 These words were substituted for the words ''not exceeding one year" by section 2 of the Tamil Nadu Agricultural Produce Markets (Aqendm3nt) Act, 1981 (Tamil Nadu Act 5 of 1981). which was deemed to kve come into force on the 5th December 1980.

1959 : T. N. Act 231 Agricultural Produce 3t9 Markets

Provided that where a market committee is established for any notified area for the first time, the co-operative marketing society shall appoint four persons from among the persons engaged in the purchase, sale, storage, weigh- mr:rjt, pressing or processing of the notified ag~icultural pro t iucc : jn the notifled area ;

(iii) four persons appointed by the Government.

10. The District Agricultural Officer having jurisdiction District over the notified area shall ex-oflcio be a member of Agricultural tlze marke~ committee established for such area. Officer to be-

ex-officio member.

ExpZu~tation.-Where there are two or more District ~ ~ r i c i l t u r a l Officers having jurisdiction over different portions of a notified area, the Government shall decide which of such officers shall be the District Agricultural Officer for the purposes of this section .

11. (1) (a) The term of office of an elected member shall Term cf be five years from the date of occurienw: of the vacancy cffice d to which he was elected or from the date of his election, menlbas whichever is later. The term of office of a member appoin- ted nnder sub-section (5) ~f section 8, other than a member appointed uilde~ the proviso to that sub-section, shall expire "'1 the date on which the term of office of elected members expires :

Provided that a member elected under clause (b) of sub-section (2) of section 8 shall cease to hold his office if h: ceases to be a member of the electorate by which he was elected ;

(b) The term of office of the members of a market committee established by a co-operative marketing society shall be three years :

Provided that a member appointed under clause (ii) of section 9 shall cease to hold his office if he is not granted a licence or ceases to be licensed under sub-section (1) of section 6 in the notified area.

(2) A member of every market committee other than the ex-o#icio member shall cease to hold his oifice if he absents himself from three consecutive ' meetings of the market committee, including meetings which for want of quorum could ro t be held,

! :\

3rlQ Apicul turd Produce [I959 : T. N. Act 2 3 MOP,( e t s

(3) When the+ sTat of any member becomes vacant, tht, vacancy shall be filled up-

(i) in case he was an elected member, by a person co-opted by the market committee from among the mem- bers of the electorate by which the member was elected;

(ii) in case he is a member appointed by a co-opera- tive marketing society, by a person appointed by the said society ; and

(iii) in any other case by a, person appointed by the , Government :

Provided that no casual vacancy shall be filled up within three montlil before the expiry of the term. of office of the elected members.

. . i

(4) The member coopted or appointed to be fill up a .+

vacancy under su~~kction (3) shall hold ' office only so tong as the member in wh6se place he is co-op&d or apbbinted would

T*

have been entitled. to hold office if the va-cy did not f w r . * $ -i,

1 7 , a:> . 2

* 1 (5) For the purposes of sub-section (2) no meeting of -+4

the markt committee from which a mtmber zbsents V

himself shall bq c~unted against him if dce ;notice of that meeting was nbt 'given to him. *-

f l

(6) Where a person ceases to be a member under sub- section (21, 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. If such person applies for restoration suo motu to the market committee on or before the date of the next meeting, or within fifteen days of the receipt by him of such intimation, the market committ~a mcy at ,$be meetirg next after the receipt of such application, restore him to his office of member:

Provided that a member shal!, not be so restored more thau twice duriilg liis term of office.

(7) Aqy member of a market committee may at a ~ y time be removed from office by the Governme-~t for a-ly of tiff r ,zasIo~s specified in the rules made u~lder this Act.

1959 : T. N. Act 231 .Igric~ltural Pmduce 3 71 Marketsr

,-

(8) Vacancies caused by the expiry of the term of <office of elected members of any market committee may ' filled at elections which may be fixed by the Collector to take place on such days not earlier than two months before the date on which the vacancies arise as he thi!:ks fit

(9) Every market committee shall elect one of the members who is a producer of the notified agricultural produce i-I the notified area to be its chairman and anotber member to be its vice-chairman. ' I

13. Every market committee shall be, d body corporate 1ncorp~j;r. by such name as the Government may specify, shall have tion of perpetual succession and a common seal, may sue and be mark* sued in jts corporate name, and sbaU be competent to COmmlt te3.

acquire and hold property, both movable and immo- vable, to lease, d l or otherwise tra'hsfer any rqovable or immovable property which may have becomt: vested in, or been acquired by it, and to contract and to do all other things necessary for the purposes for which it is established.

14. The market committee may appoint one or more sub- of its members to be a sub-committee or to be a special committee, committee for the conduct of any work or to report on any special

commit tee matter and may delegate to any one or more of its members and d4ega- such of its own powers or duties as it may think fit. tion of

P o\vers. 15. (1) The market committee may, at any time, call Meetings.

a general meeting of the market committee and shall call -- -- --..

The following section was onti:ted by sec:ion 3 cf the Tiimil N> du Agricultural Produce Markets (Amel: dme r?t and Soccial Provisions) Act, 1978 (Tamil N<d!t Ace 33 cf 1?78), which w::s deemtd to have come into force 011 I hz 6th Ju1.c 197s:--

"12. Special provision where [here i s delay in 'h? reccwsti- t u t i o t~ of new market cornmit.tee.-Where the term of cffice of the: members of a rnarlct.1 commi: tee his expired ar d if, fcr any reason, there is delay in the reco~-~s?ilutio~~ of the nz:rket cd, . mitt ee, those members shall, no.wi thstanding the expiratior, 3f their term of ofice, contiriue f o hold cace acd fur?ciion 1s

! members of the market committee uniil tire market comtni:iee is reconstituted,''

372 ~gricultural Produce LlY5Y : I .I.. ~ c s A- i Markets

L f

such a meeting wiihh'one month after receipt of a requisition in writing from ltlie Director or from such number of

i rneii~ber-s or prc.port ion of the total number of nleml~ers as may be specified in the oy-iaws uf Lb market committee.

I . *

- :,> ,. J d

(2) If a general meeting is not called in accordance wit11 such requisitioil the Director shall have power to cJl: a ::nerd in.teti.lg of the market committee him elf.

Appoint- 16. (1) Subjzct to such rules as .may be made under m a t and thjs Act, ;t market committee may employ such officers.

of and servants as may be necessary for the management officers and servants of of the market, may pay such officers and servants such market salaries as it may think fit and shall have power to control committee. and punish them. The market committee may also

provide far the paynient to its officers and servants of' such leave allowances , pensions, gratuities or compassio- nate allowances, as it deems proper ; and may contribute to any provident fund which may be established for the benefit of such officers and servants.

(2) The market committee shall, in the case of any servant of' the Government whom it einploys, make such contributions towards his pension and leave allowsnces as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf.

(3) The chairman, vice-chairmat: and every officer or servant of a market committee shall be deemed to be a. public servant within the meaning of section 21 of the. Indian Penal Code (Central Act XLV of 1860). J

17. (1) Every contract entered' into by the market . Execution of committee shall be in- writing and shall be signed on behalf contracts* of the market cormpittee by the chairman and two other

members of theIrmarket committee or if the market committee has' k e n superseded, by the person or persons: appointed under - sub-hection (3) of section. 24."

% .

% . - .. . s- S l .

id :*

(2) No contract other than a contract executed as provided in sub-section (1) shall be binding on a market committee.

18. 2[(l) The market committee shall levy a fee on any Levy of notified, agricultural produce bought or sold in the noti@+ ~~~~ market area at a rate not exceeding forty-five paise and subject to a minimum of twenty-five paise for every hundred

1 rupees of the aggregate amount, for which the notified agricultural~produce is bought or sold \whether for cash 1 or Brdc&md [payment or other valuable consideration.

I 1 This h d was substituted for the wot'd "-cess " by section 3 ( ~ ) of the Tamil Nadu Agricultural Produce Markets (Second Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970).

I a The original sub-section (1) of section 18 read as follows :--

(1) Notwithstanding an,ything contained in the Tamil Nadu General Sales Tax Acc, 1959 (Tamil Nadu Act I of 1959), the market committee shall levy a cess by way of sales tax on any notified agricultural produce bought or sold in the notified market area at a rate not exceeding fifty naye paise for every hundred rupees of the aggregate amount for which the notified agricu1;ural product: is bought or sold whether for cash or for deferred paynent or other valuable consideration.

Explanation I.- For the purposes of this sub-section, qll notified agricutural produce taken out or proposed t , ~ be taken but c,f a notified market area shall, unless the contrary is proved, he presumed to be bought or sold with~n such area.

Explanation IZ.-In the determination of the amount of the cesv payable under this Act, any fraction of ten naye paise less than five naye paise shall be disregarded and any fraction of ten naye paise

to or exceeding five naye paise shall be regarded as ten &age paise . 99

the said sub-section, for the words "the market committee i shall levy a cess by way of sales tax on aIJy notified agricultural f produce bought or sold ", the words " the market committee shall

i in the case of notified agricultural produces (other than notified agricultural produces which afe declared goods) levy a cess by way of sales tax on such notlfied agrlcultwal produc~s bought or sold " were substituted and in the Explanation I to the said sub- section for the words " this sub-section ", the words " this section " were substituted by section 26) of the Tamil Nadu Agricultural Produce Markets (Amendment and Validation of Cess) Act, 1970 (Tamil Nadu Act 18 of 1970), which was deemed have come ; 0 force on the 22nd October 1962.-

The present sub-section was substituted for sub-section (1) as so I amended by section 3 (6) of the Tam11 N a d ~ Agricutltural produco

Markets (Second Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970)

374 ~~r ica l tC$l Produce [I959 : dfl. . . $ct 23 Markets

;,xr { - , j .

1 ' A

E: pl~nation I.-For the purposes of this sub-section, all notified agricultural produce taken out or proposed to be taken out of a notified market &a shall,

' unless the contrary i s proved, be presumed to be bought or sold within such area. " I

Explanation 11.-In the determination of the amount of the fees payable under this Act, any fraction,;of ten paise less than five paise shall be disregarded and any fraction of ten paise.equa1 to or exceeding five pLaise .. .shall . be regarded as tedi:paise. . . Z

A . 1

a L 4 3 - a5

I[(;?) The fei referred to in sub-section (1) shall be paid by the purchaser of the notified agricultural prcduce concerned :

Provided that where the purchaser of a notified agri- cultural produce cannot be identified, the fee shall be paid by the ~eller. ]

1 This sub-section was substituted for the following sub-section by section 3(b) of the Tamil Nadu Agricult~ral Produce Markets (Second Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970):- .

" (2) The cess referred to in sub-section (1) shall be paid by the purchaser of the notified agricultural produce concerned :

Prsvided that where the purchaser of a notified agricultural prodlice cannot be identified, the cess shall be paid by the seller ."

In the s ~ i d sub-sectian for the expression " sub-section (I)", the expression " this section " was earlier substituted by section 2(ii) of the Tamil Nadu Agricultural Produce Markets (4mendment and Vaiidation of Cess) Act, 1970 (Tamil Nadu Act 18 of 1970), which WLS deemed to have come, i ~ t a forqe 04 the 22nd October 1962,

' " (3 e o ~ kvkd u d s u b a k l i a r (1) *hs:l bf subject to the 1~r&g 1 tm$ d Aftklc 3% cd the Corrrsfturiint ,"

p- t k rald nu-ion, the following sub-seetion was substituted by section 2(t(iii) of the Tamil Nadu Agricultural Produce Markets (Amendment and Validation of Cess) Act, 1970 (%mil Nadu Act 18 of 1970), which was deemed to have come into force on the 22nd October 1962 :-

"(3) In the case of notified agricultural produces which are declared and which are bought or sold in the notified market area the

b market committee shall levy a cess by way of sales tax--

(i) at the same point at which such declared goods are taxable under the Tamil Nadu General Sales Tax Act, 1459 (Tamil Nadu Act I of 1959) ; and

(ii) at a rate not exceeding fifty paise for everay hundred rupees of the aggregate amount for which such notified agricultural produces are bought or sold, whether for cash or for deferred payment, or other valuable consideration :

provided that in the case of tobacco and sugar, the cess under this sub-section shall be levied only at the point of last purd~ase :

Provided further that the rate of cess payable under fhiS sub- section, together with the rate of tax payable under the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1559) shall, at no time, exceed the rate specified in section 15 of the Central Sales Tax ~ c t , 1956 (Central Act 74 of 1956) (hereinafter referred to as the

4 Central Act) :

1 provided also that where the rate of cess payable under this sub- t section, together with the rate of tax payable under the Tamil Nadu

General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1953), exceeds the rate specified in section 15 of the Central Act, the rate of cess melltioned in this sub-section shall stand reduced proportionately in such manner that the reduced rate, together with the rate of tux payable under the Tamil Nadu General Sales Tax Act, 1959 (Tanlii Nadu Act 1 of 1959) shall, at no time, exceed the rate specified in section I:, of the Central Act.

&'~planution.-For the purposes of this section, thc expression 'cdeclared goods" shall mean the goods declared by section 14 of the centrill Act to be of special importance in inter-state trade or commerce."

Sub-section (3) as so substituted was omitted by scct ion 3(,-) the Tamil Nadu Agricultural Produce Markets (Second Amend, ment) Act, I970 (T,;.mil N ' I ~ u Act 19 of 1970).

376 Agricultural . produce El959 : TIN. Act 23 I

Markets

(4) (a) At any time, when so required by any officer or servant of the market committee who is empowered by the Government in this behalf, the driver or any other person-in-charge of any vehicle, boat or other.-convsyahce, which is taken or proposed to be taken out of a notified market area, shall stop the vehicle, boat or othel'cari~eyhnce, as 11.: case may be, and keep it stationary as long as miij reasonably be necessary, and allow the officer ;or ;servant empowered as aforesaid to examine the contents in the vehicle, boat or other conveyance and inspect all records relating to the notified agricultural produce carried, which are in the pnssession of such driycr or orher person- in -charge, -,vho shall, if so required, give his name land * add- re;s and the name and address of the owner of the vehicle, boat or other conveyance.

(b) The officer or servant of the market committee empowered as aforespaid shall have power to seize any

' notified agricultural produce taken, or propdd: to, *be taken, out of a notsod market arda .in any ve&ie,;ibcat or othm conveyance, if such officeir~or st.rvant4sasrmson to believe that any I[***] fee or other amount due under this Act in respectSAdf such notified agniciltural ,$qqduce has not been paid. Such seizure shall be forthwith reported by the officer or servant aforesaid to a Magistrade ~ h v i n g jurisdiction to try ad >offence under this Act ad8 'fhbapro- visions of sections 523,524 and 525 of the Cage @ ~ s i & i ~ 1 Procedurc , 1 898 (Central Act V of 1898)*, shall,. sb :far. - as may be, apply in relation to the notified agricultaral pro- duce seized as aforesaid as they apply in relation to property seized by a police officer. .

Levy of 1 gy The market committee may, .. subject -to., such~ault s ,, subscrip- as may be made under this Act, levy a subsd+$tio$r:-~for 'ions for collecting arrd disseminating among t h e : s u b s ~ r i ~ ~ ~ ~ ~ $ o i ~ market reports, etc. mation as to any matter relating to . tatistic<$&&ti;'et-

ing in respect of the notified agricultural produce. - ---.- , !%\I%$' ',% h' " -

i , ~ i , J ~ ) ? ' - - - The word " cess " was omitted by section 3 (d) of the Tam'l

Nadu Agricultural Produce Markets (Second Amendme~t) Act,& 1970 -- (Tamil Nadu Act 19 of 1970). I

* Now the Code of Criminal Procedul:e, 1973 (Central Act 2 of 1974), sections 457, 458 and 459,

I

1959 : T.N. Act 231 A g r i c ~ l t ura f Produce 399 Markets

20. (1) All moneys received by a market committee shall Market be paid into a fund to be called the "Market Committee commitlee F u ~ d " . All expenditure incurred by {he markd committee fund.

under or for the purposes of this Act shall bc defrayed out of the said fund, and any surplus remaining after such ex- penditure has been met shall be invesced in such manner as may be prescribed.

(2) (a) Every market committee shall, out of its fund, pay to the Government the cost of any special 01 additional staff employcd by the Government in consul- tation with the market committee for giving effect to the pr-visions of this Act in the notified area.

(b) The Government shall determine the cost of such special or additional staff and shall, where the staff is employed for the purposes of more than one market committee, apportion such cost among the market com- mittee concerned in such manner as they think fit. The decision of the Government determining the amount payable by any market committee shall be final,

21. Subject to the provisions of section 20, the market PIJI poses committee fund shall be expended for the following for which purpose, only :- the fund

may be expended.

(i) the acquisition of n site or sites for the m:lrket;

(ii) the maintenance and improvement of the market ;

(ili) the construction and repair of buildings which are necessary for the purposes of such market and for the health, convenience and safety of the persons using it ;

(iv) the provision and mailjtc~ral~~b of standard weights and measures ;

(v) the pay, pmsirns, leave allowances, gratuities, compassionate albwances and contributions towards leave -llowances, pensions or provident fulld of the otiicers and servants employed by the market committee ;

\

(vi) the payment of interest on loans that may be raised for purposes of the market and the provision of a dnking fund in respect of such loans ;

378 AgricuIt u~af Produce [I959 : T.N. Aft 23 Markets

(vii) the collection and dissemi-ation of information regarding all matters relating to statistics and marketing In respect of the notified agricultura.1 produce ;

(viii) schemes for the extension or cultural improve- ment of the notified agricultural produce within the notified area, includii*g ths g r a ~ t , subject lo the :ipplov.~l of the Government, of financial aid to schemes for such extension or improv3ment withln bucll crlea, urlderlaken by other bodies or individuals 3

(IX) schemes for grading of agricultural produce ;

(x) the expenses of a i d inci~'~ntal to clectio~ls ;

(xi) such other purposes as may be authorised by the Director or the Government in this behalf by general or ~pecial order.

NO trade 22. No trade allowance, other than an allowance pres- I allow~nce cribed by rules or by-laws made under this Act, sllall be

permissible made or received in a notified area by ally person in any except as prsalibcJ by transaction in respect of the notified agricultural produce rules or by- conc~rned and no Civil Court shall, in any suit or proceeding laws. arising out of any such transaction, have regard to any

trade a110 wancz not so prescribed. 2

Explanal ion.--Every deduction other than deductions on account of deviation from sample, when the purchase is made by sample, or of deviation from standard, when the purchase is made by reference to 2 known standard, or c- account of difference betwcen the actual weight of the sacking and the standard weight, or on laccount of the admixture of foreign matter, shall be regarded. as a trade allowance for the purposes of this Act.

Power t o 23. (1) Every market comlllittee may, with the previous borrow. sanction of the Government, raise thc mcney rcquisec' for

carrying out the purposes for w5ich it is established on the security of any property vested in, J r belonging to, the market committee and of any fee I[***] leviable by the market committee under this Act. The market committee may, for the purpose of meeting the initial expendi- ---- 2 ,

1 The words " Nadu Agricultural ( T a d Nadu Act 1

- %

eDd ---.* * c.5- /

1959 : EN. Act 291 Agvicut t urat Prod!rce 349 Markets

ture on lands, buildings and equipment required for es- tablishing the market, obtain a loan from the Govern- ment.

(2) The conditions under which such money or loan shall be raised and the time within which the same shall be repayable shall be subject to the prevjous sanction of the Government.

24. (1) If, in their opinion, a market committee is not Supersession competent to perform, or persistently makes default in cf the m:.rket performing, the duties, imposed on it by or ullder this ,,m,itt,,, Act, or abuses its powers, the Government may, by notifi-

\ cation, supersede such market committee for a pericd not exceeding one year in the first instance and may, by order, extend, for a period not exceeding one p a r at a time, the period of supersessiol~ so however that thf: total period of supersession in the case of any market committee shall not exceed four years :

Provided that, before issuing a notific at ion under 1 this sub-section, the Government-

(i) shall give a reasonable opportunity to the market committee of showing cause against the proposal

I and shall consider the explanations and objections, if any, of the market committee; and

(ii) may, at th.eir discretion, consult such authority or cifficer as they may deem fit.

(2) Upon the publication of a notification under sub-section (1) superseding a market committee, the following consequences shall ensue:-

(a) all the members as well as the chairman and vice- chairman of the mqrket committee shall, as from the date . of such publication, be deemed to have vacated their offices; and

(b) all the assets vested in 'the market committee shall, subject to all its liabilities vest in the Government.

(3) When a market committee has been super- seded--

fa) the Government may, at their discretion, by order apQoint a suitable person or persons to carry out

380 Agricultural Produce [I959 : T.N. Act 23 Markets

the functions of the market committee and transfer to such person or persons the assets and liabilities of the superseded market committee as on the date of such transfer ; and

(b) at any time before the expiry of the period of supersession, the Government may,-

Liability of accused to pay fee a [ * * ] of other mount.

(i) establish a new market commjttee under sub-section (1) of kction 5, or

(ii) direcb !the co-operative marketing , , society concerni:d to estawsb a new market committee . . . under, subsection (2) of. yction 5,' , 4 , . .

and transfer th;re&, all the assets and liabilitiis of the superseded market committee on the date of such transfer.

25. Any person'who-

(a) fraudulently evades the payment of aT6y fee 1[ * * 1 or other amount due from him u!;der this Act or the rules c r by-laws made. thereunder,, .ot! - .: .,

(b) wilfully acts in contravention of any of the pro- visions of this Act, shall beliable to fine wdich may -extend to five hundred rupees, and in the case of a continuing evasion or contraven - tion with a further fine which mily extend to one hundred rupees for every day during which the evasion or contra vention is continued after convic:tion therefor.

26. Every person who is prosecuted for an offence under section 25 or the rules or by-laws made under this Act, shall be liable, on pioof t o flip: satisfaction of the Magistrate that he wilfully omitted to pay the fee, 3[ * * ] or other amount due from him under this Act or the rules or by-laws made thereunder, to pay to the market committee the amount which may be due from him on account of such fee, 3[*] or o~her amount.

- 1 The word " cess " was omitted by #section 5 of the! Tamil! 'Nadu

Agricultural Produce Markets (Second Amendment) Act, 1970 (Tam11 Nadu Act 19 of 1970).

2 The word " cess was omitted by section 6 (1): ibid.

6The word " cess " was omitted by sectiou 6 (2), ibid. '

1959 : T.N. Act 231 ~ g r i c u t t urat produce 381 Mark e t s

27. The market coinmittee may accept frc m a n y person Composition who has committed or is reasonably suspected of having of Offences* committed an offence against this Act or the rules or by-laws made thereunder, by way of composition of such

I

offence-

(a) where the offence consists of the failure to pay or the evasion of any fee, l[ * ] or other amount recover- able-under this Act or the rules or by-laws made thereunder, in addition to the fee, 1[ * 1 or other amount so recover- able a sum of money not exceeding five hundred rupees or double the amount of the fee, I[ * ] or otter amount whichever is greater; and

(b) in other cases, a S L ~ W vi money not exceeding five hundred rupees.

28. Whenever any person is convicted of an offence Power of under this Act or the rules or by-laws made thereunder, Magisfrate the Magistrate shall, in addition. to any fine which may be ~~~~~~~~ imposed, recover summarily and pay owr to the market fee, or committee, the amouqt of fee, S[ x ] or other amount other due from him under this Act or the rules or by-laws amount. made thereunder and may, in his discretion, also recover summarily and pay over to the market committee such amount, if any, as he may fix as the costs of the prosecution.

29. (1) The Government may, '[* * * * * * *] make Kules. either generally or specially for any notified area or areas, rules for carrying out all or any of the purposes of this Act.

i ! I

1 The word " cess" was omitted by sectidn 7 of the Tamil Nadll Agricultural Produce Markets (Second Amendrrient) Act, i970 (Tamil Nadu Act 19 of 1970).

The word "cess" was omitted by section 8 ( I ) , ibid,

The word " cess " was omitted by section 8 (2), jbid.

4 The words " by notification" were omitted by section 3 (i) of the Tamil Naau Agricultural Produce Mdfkets (Amendment) Act,

, 1965 (Tamil Nadu Act 21 of 1965).

? 81 Ag~iculturai Prodz!ce f i 9 9 : T.N. Act 21 Markets

(2) In particular and without prejudice to tbe generality of the forcegoing power, such rules may providc for or regulate-

(i) the election, appointment, co-option aud re- moval of members of a market committee; l[the territorial constituencies for purposes of election of members, under sub-section (2) of section 81; the preparation and revision of lists of electors ; and the payment of all expenditure in connexion with or incidental to elections ;

(ii) the election of the chairman and vice-chairman of 7 market committee and their term of office ;

(iii) the filling of casual vacancies in the office of the chairman, vice-chairman or member of a market committee ;

(iv) the annual fees that may be levied by the market committee in respect of licences granted under section 6 and tlie recovery of such fees ;

(v) the maximum rates of subscriptions which may be levied by the market committee under section 19 and the recovery of such subscriptions ;

(vi) the manner ~f collectiorl ofi 2[fees];

(vii) the issue by a market corn . : to brokers, weighmen, measurers and sur

in which, and the 'conditions subject. licences shall be issued or renewed,' and charged therefor ; ' ' '

(viii) the kind and description of 1 weights and measures, which alone may be used in tran

actions in the notified . " agricultural produce conqrne in a notified area ;, , ' - $ ,. . .: lir I

t ' 1

' I ) I}? # A - - --. 1 These words were inserted by section 3 (ii) of 'the Tamil

Nadu AgriculturaII Produce , Markets (Amendment) ,Act, 1965 (Tamil Nadu Act 21 of 1965).

9 This word was bGbiti&ted for the word "~ss""by scdiop 9' of the Tamil Na.du' Agricultural Produce hSIgrkets '(Sbad Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970).

. % I . .

1959 : T.N. Act 231 Agricuit Produce 383 MGI-kets

(ix) the periodical inspection, verification and correction of all scales, weights and measures in use ill a notified area and the seizure of scales, weights and measures found to be false ;

(x) the trade allowanc~s which may be nrade or received by any person in any trailsaction in the notified agricultural produce in a notified area ;

(xi) the provision of facilities for the settlement o f any dispute between a buyer and seller of the notificd agricultural produce or their agents including disputes regarding the quality or weight of the ~rticle, the allowances for wrappings, dirt or impurities or deductions from any cause ;

(xii) the prohibition of brokers from acting in any transaction on behalf of both the buyer and seller of any notified agricultural produce ;

(xiii) the provision of accommodation for storing any notified agricultural produce brought into the market ;

(xiv) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee, and the grant of sanction to such plans and estimates ;

(xv) the procedure to be followed by e mr.tket committee in respect o f financial matters generally, including the manner in which, and the restrictions and conditions subject to which, expenditure may be incurred by it ;

(xvi) the form in which the accounts of 0 market committee shall be kept, the audit and publication of such accounts, and the charges , if any, to be made for such audit ;

(xvii) the powers of aueitors and the Director to disallow and surcharge items and the recovery of : ~ , m so disallowed and surcharged ;

I (rviii) the institution of'provic'ent fun~!s ;

(xix) the prepsration and submission for sanction of 'an annual:,\jUdiet: .and the reports and. r6turns to iw furnished by a qutrket committee ;

(xx) the investment and disposal of the surplus funds of a markqt committee ;

i

(xxi) the prevention of adulteration of noticed agricultural produce ;

(xii) the -maintenance of standards of notified agricultural produce ;

(xxiii) the provision for affording. facilities ror settlement of ' debts charged on notified agricultural produce ;

(xxiv) any other matter which has to be, 0,. may be pr escvibed.

(3) Any rule made under this section may provide that any contravention thereof or of any of the conditions of any licence issued or renewed thereunder shall be puni- shable with fine which may extend to two hundred rupees.

l[(4) (aj AU rules made under this Act shall be published in the *Fort St. George Gazette and, unlesn they are expressed to come into foice on a partic~lar day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shal, t unless they are expressed to come into force on a parti- cular day, come into force on the day on whic!~ they are published.

1 This sub-section was s .bstituted for the following sub-section by section 3 (iii) of the Tamil Nadu Agricultural ,Produce Markets (Amendment) Act, 1965 (Tamil Nadu Act 21 of 1965) :-

"(4) All rules made and all notifications issued under this Act .hall, as soon as possible after they are made or issued, be placed on the table of both the Houses of the Legislature and shall be subject to svch modific@tions by way of amendment .or repeal as the Legislature may make either in the same session. or in the next session".

* Now the Tamil N . Government Gazette-

1959 : T.N. Act 231 Agricultural Produce 385 Markets

(c)' Every1 rule made or notification issued under this Act shail, as soon as possible after it is made or issued, be placed on the table of both Houses of the Legislatu~e and if, before the expiry of the sess?on-in which it is so placed or the-next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule-or notification shall thereaftet have effect only in such modified formior be of no effect, as 'the case may be, so however, that any such 'modi- fication or annulment shall be without prejudice to the validity of anything previsouly done under that rule or notification. '

30. (1) Subject to any rules made by the Government BY-I~V$. . under section 29 and with the previous sancti~n of the Director, a'market committee may, in respect of the notified area for which it was established, make by-laws for the regulation of the business and the conditions of trading therein :

Provided that vrhere a market committee fails to make by-laws under ,this sub-section within one month from

' the date ef its establishment, the Director map make ruch by-laws as he thinks fit and the by-laws so made shall be deemed to be by-laws made by the market committee and may be amended or varied by the Director or, with his previous sanction, by the market committee.

(2) Any by-law made under this section may pravide that any contravention thereof shall be pmishable with fine which may extend to fifty rupeer.

31. A market cmmittee may write off any, fet. 2[ ] or Pcwer ," other amount whatsoever due to it, whether under a . off

i r recovera bla contract or otherwise, or any sum payable in connexion fei, etc.

1 The word "cess" was omitted by section 10 (1) of the Tamil Nadu Agricult~~ral Produce Markets (Second Amendment) ~ c t , 1970 (Tamil Nadu Act 19 of 1970).

8 The word 6ccess" was omitred by siction 10(2), ibij .

0 ' 386 Agricultural Produce [I959 : T . N. Ad 23

Markets

therewith, if in its opinion such fees, I[*] amount or sum is itrccoverable :

Provided that the market comr~ittee shall, before writing off any such fee I[ ? ] amount or sum, obtain the sanction of-

(i) the Director, if the fee, 1[ * ] amount or sum exceeds one hupdred rupees, but does not exceed such amour~t or sum, as may be przscribed by rules made undcr this Act ; and

I

(ii) the Govf,rnment, if such amount or sum exceeds the amount or sum so presdribed.

Tri?) .of , . 32. (1) Nol offence made punishable by this Act or offences. any rulz or , by-lay made thireunder shrill"b tried by any

court inferior to,, that of a *pfeside&y magstrate .or a magistrate of t$ei first class. I *.

i

(2) Any pros&ution under tliis Act may' be institited by any person duly authorised in writing by the market committee in this behalf.

:t .', . 6 ) *

Recovery of 33: 'All :'sums due from a market committee to the sums due t o Government m e ' b e recovered in the same manner as ~overnmeilt arrears of land.' revenue. * . . 8 from market cornrnit:~. . a . " ) i d i'i : , l . ! 3 , ,.

Power of 34. (1) The') Governrncnt may clzll for and examine Governme!rt the record of any market committee or of the Director to call for or ,Collector lin,rzspect of any proceeding to satisfy them- records and selves as to, the mgulari ty . of such proceeding or the pass orders.

"

1 The word "cess': was o nitted by section 10 (2). Of . the Tamil Nadu Agiic;ilt~sal ProJuce Mark:ts (Second Amendment) Act,

I 1970 (Tamil Nadu Act 19 of 1970). . . . . _

* According to clauses (a) and (:c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), my reference ta a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first class and any reference to a Presidency Magistrate stlall be construed as a reference to a Metro~olitan Magistrate with effect on and from 1st April 1974,

1959 : T.N; Act 231 Agricul turd Produce 3 87 Marbe ts

correctness, legality or propriety of . ,any .. % decision or order passed therein ; and, if, in any case, it appears to the

1

Government that any such decilon 'or order should be modified, annulled, reversed or remitted for reconsidera- tion, they may pass orders acccrdingly :

. . . - b 2

Provided that, before passing any order urtder this sub-section, the Government -

1 (i) shall, if such order is likely,.to be prejudicial to any person, give such person a resonable opportunity of making his representations ; and

(ii) may, at their discretion, consult such authority or officer as they may deem fit.

(2) The Government may stay the execurion of any such dccision or order pending the txercise of their powers under sub-section (1) in respect thereof.

35. Nothing in this Act shall apply to any place set Savifis, up, established or continued by or on belbalf of the Central Government or any State Govcrnmei~t for the purchase, salc, storage, weighmcnt, picssing or processing of any notified agricultural produce or to the purchase or sale of any notificd agricultural produce by or on behalf of tF- Central Government or any State Govrrnment.

36. (1) Notwithstanding anything contained in the Regist rat ion Indian Kcgistration Act, 1908 (Central Act XVJ of 1908), of document

it shall not be necessary for the chairman or any mcmber executed on or officer or servant of a market committee or the person behalf of a referred to in sub-section (1) of action 17 to appear in malket person or by agent at any registration office in any procee- committee. ding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in section 58 of that Act.

(2) Whers an); iilstrumcnt is so executed, the regis- tering officer to whom such instrument is presented for rcgistraticn may, if he thinks fit, refer to such chairman, m-mhcr,officcr, servant or person for information respecting the same and shall. on being satisfied of tile execution thereof, register the instrument.

388 Agricuftural Produce [I959 : T.N. Ac: -3 M'rke t s

Liability c- 37. (1) The chairman, vice-chairman and every member the chairman ofza market coh i t t ee shall be liablz for the loss, waste vice-chail- or misapplicatibr. cf 2r.y money cr other property owned man by, .or vested in, * 'the market committee, if such loss, members for loss, waste or waste or misapplication is a direct consequence of 'his misappli- neglcct or misconduct ; and a suit for compensation may cation of be instituted against him in any court of competent property* jurisdiction by the market committee with the previous

sanction of the Director.

(2) Every" such suit shall be commenced within three years after the date cn which the cause of scrion arose.

Repeal. 38. (1) The Madras Commercial Crops Markets Act, 1933 (Madras Act XX of 1933) [in sub-section (2) referred to as "the said Act"] is hereby repealed.

(2) Notwithstanding the repeal of the said Act, any are,? decl?.red to be a notified area.,ander the sajd Act shzll be deerqed to be s notified area under this Act, any market committee est .blished for the said notified area under the said Act a d holding office immediately

, before the dctte of*the commencement of this Act shall be deemed to be ..: .market committee established under this Act for the said notified ?re;i, all the members of such market committee shall be deemed to be members appointed L'Y the Government or elected u ~ ~ d c r this Act and any matket est.!blished;undc:. the saia Act shall be deemed to be a BW h ~ f cptablisbrtd under this 4ct,

748. - '

- - . . , . , . '..

Sh~rt title and f i t 1~ :o)Thib Act may be called the Tdmil ~a commencement. t d l Prbd5kd3 Matketb (Amendment and ya

date as the State appoint.

2. [The amendme incorporated in the Agricultural Prorlu. Act 23 of 1959).]

V ~ J lidatioa 3. Notwithstandi

cess was levied or collected and accordingly-

I

.. --- - *"9CTls- )I - .

-- _ , . -

.16iv T.N. Act 181 Agrictiltural Produce Markets . . (A~r!eqdment and Valirlatio~r .oj' Ccss)

. .

$Z I. @):no. suit or other proceeding shall be maintained or t continued in any court for the refund of any cess so paid ;

8 , p?t.;" . ' . ' - . . I-al.,:. (~)-.nd court shall erxorce any decree o r order diret;ting H -&e.zefurid of any cess so paid. . . ' r. 'i . I , t " $ *:,4. (1) Any. person in rqspect of whom the cess on the Transitional &&i,~:i.-p&tcha~~ bf agricult~~al producks which ate deblarkd provision

: $dbd's'hai* been. finally levied and collected under the pro- ? visions of the principal Act C~uri~p the 9~ridd commer,cing ; on f b ~ 22nd Octo.ber 1962 and ending vi:h the 18th i Yiu&8tr.lg7O ( b ~ h days inclusive), rnay;:app.ly in s$& . .jdiaiia& and in such'-form as may be-prescribed t6 the market committee concerned for the revision of the dinourit of mss payable by him in accordance with the. provisions '6f sectidri 18 of the principal Act .as amend@ by this Act. -. ' L I, , ., , .;.>

I < . . .. ..

"n receipt of an application under. sdb-sition (I), t68 : market committee concerr~ed shall revise the cess payable 8; by-tbt papson inamordance with the provisions of section -,.:*I~!.~:.~.:, + 18 of the principal Act as amended by this Act.

- @

"ty" 1 (:,.- ! I .

I* '*&

n, the cess 1evi.able. on the sale a1 produces which, are declared

r , % . ' . .. . ,

. , - , '

the ccss already bb11,eoted 6a=h d in such mannet and. subject to be prescribed ; or

+ ' : t - ' . , b X

* , " . . . 5 , . b . . : , 9 [ ? - * . , :

i; 1 (b) -is lass than the amount of cess already cill&t& 4-:> Y I . ~ ? : !7::4 ;r2 z<~:.! t . of. &oh declared goods the di ffareince sl1a1;l~ bb .

-s,-+~$, , ?,c ,+e,:A;:

tb-thd~rsonfro~whomsuch'ce~swascolS~~ted, . , . v , . . , ~ . : , ~ . . : . ~ , ikn&a-nd subject t o such conditions a s : may

I '

4

he purpgses of this section, and essi~n. "declared goods" shall mean by section 14 of the' Central Sales ral Act '74 of 1956), to be of special tate tra.de or commerce.

. . , . . . - . . . . . " ~ ~ & ~ l t u r a l - ~ A d u c l ~ & f r e w ~ e p e a l of aticn of Cess) Ordinance, 1978;Tamil N a d ~

Ordiaacce 2 2 of 1970 ) is hereby repealed, or lwO.

1978:T.N. Act 331 AgricuJtural Produce Markets 935 (Amendment and Special Provisiom)

TAMIL NADU ACT NO. 33 OF 1978.* THE TAMIL NADU AGRICULTURAL PRODUCE

MARKETS (AMENDMENT AND SPECIAL PROVISIONS) ACT, 1978.

[Received the assent oj the Governor on the 30th September 1978, j r s t published in the Tnmil Nadu Gavernment Gazette Extraordinary on the 4th October 1978 (Purattasi 18, Kalayukti (2009- Tiruvalluvar Andu)).]

An Act further to amend the Tamil Nadu Agricultural Produce Markets Act, 1959, and to provide for the appointment of Special Officers for exercising t'te powers and performing the functions of market committees in the State of Tamil Nadu. BE it enacted by the Legislature of the State of Tamil

Nadu in the Twenty-ninth Year of the Republic of India as follows :-

1. (1) This Act may be called the Tamil Nadu Agri- Short title and cultural Produce Markets (Amendment and S p e ~ i a l m - ~ n t . Provisions) Act, 1978.

(2) It shall be deemed to have come into force on the 6th day of June 1978.

2. In this Act, unless the context otherwise requires, - Dedaitions. (a) "Director" means the Director of Agricultural

Marketing ; (b) "Government" means the State Government ; (c) words and expressions used and not dr fined

I in this Act, but defined in the Tamil Nadu Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959) ( hercinafter referred to as the principal Act), shall have the meanings respectively assigned to them in that Act.

3. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Agricultural Produce Markets Act, 1959 ( Tamil Nadu Act 23 of 1959).]

4. Notwithstanding anything contained in the Memben of principal Act or in any other law for the time being in market com- force, every member of every market committee establi- ~ ~ ~ ~ e ~ ~ ~ o l d shed under section 5 of the principal Act (including it? otfica. chairman and vice-chairman and epof ic io member, if any), and of every sub-comm;ttee and special committee of such market committee, holding office P.S such imme- diately before the date of commencement of this Act shall

* For Statement of Objects and Reasons, see Tamlf Nadu Government Gazette Extraordinary, dated the 31st August 1978, Part IV-Section 1, Page 415.

I 936 Agricultural Produce Markets [I978 : T.N. Act 33

(Amendment and Special Provisions)

cease to hold office and be deemed to have vacated his office on and from the date of commencement of this Act.

Appoint- ment of 5. (1) (a) Not\\ithstanding anything contained in tht i a principal Act a r in any other law for the time being o a c e r ~ in forct., on th: datt: of commencement of this Act, for.market the Government shall, by order, appoint Specis1 Wmmlttees. Officers, to exercise: the: powers ane perform the

functions cf thc: market committees and of the sub- committies or special committees of such market committees unde~ the principal Act.

I (b ) A Special Officer may be appointed under clause (a) for one or more market committees as the Government may, by order, specify.

(21 Each Specia 1 Officer sha 11 hold office for such period or periods not exceeding l[five ' years and six months] in the aggregate as may be specified by the Government from time to time:

Provided that if any vacancy arises in the post of Special Officer, the vacancy shall be filled up by the Government and the person appointed in the vacancy shall hold office for the remainder of the said period.

I

(3) The Special Officer appointed under sub-section (1) shall, subject to the control of the Director and to such directions as the Director may, from time to time, give, have power to exercise all or any of the powers and perform all or any of the f~~nctions of the market committee or of the snb-committees or special committees of such market committee and to take such action as may be required in the interest of the market committee.

1 The words " fo2r years " were substituted for the original words " two years by section 2 of the Tamil Nadu Agricul- tural Produce Markets ( Amendment and Special P~ovisions) Amendment Act, 1980 (Tamil Nadu Act 24 of 1980), which was deemd" to have come into force q? the 6th June 1980. The words four yea:' and six months were again substi- tuted for the words four years by section 2 of the Tamil Nadu Agricultural Produce Markets ( Amendment and Special Provisions) Amendment Act, 1982 (Tamil Nadu Act 47 of 1982), which was deemed to have come into force on t p 3rd June 1982. These wyds were substituted for the words four years and six months by section 2 of the Tamil Nadu Agricul- tural Produce Markets (Amendment and Special Provisions) Amendment Act, 1983 (Tamil Nadu Act 3 of 1983 ), which was

'deemed to have come into force on the 4th December 1982.

1978 : T.N. Act 331 Agricultural Produce Markets 937 (Amendment and Special Provisions)

(4) Where a Special Officer is appointed under sub- section (I), the Government may appoint an advisory board to advise the Special Officer in such matters as may be specified by the Government and the advisory board shall consist of the following members, namely :-

(a) three persons from among the producers of the notified agricclt~ral produce in the notified area ;

(b) three persons licensed under sub-section *(l) of section 6 of the principal Act in the notified area in respezt of the notified agricultural produce ;

(c) the District Agric~~ltural Officer having jurisdic- tion over the notified area ;

( d ) two other officers of the Government as may be nominated by the Government.

I (5) The Government nlay fix the remu.neration pay- able to the Special Officers appointed under subsection (1) and the amount of remuneration so fixed, and such othr expenditure incidental to the management of the mxket committee, during the period of appointment of the Special Officer as may be approved by the Govern- ment, shall be payablc from the Markct Committee Fwd.

(6) The Special Officer appointed under sub-section (1) shall arrange for the constitution of a new market ccmmittee in accordance with the provisions of the princi- qal Act and the rules made thereunder, so that the new nar ket committce may be constituted and the members :hereof come into offi~s at the expiry of the period of appointment of the Special Officer.

6. (1) Where a Special Officer is appointed under Delivery of sl.!b-section (I) of section 5, and sach Special Officer is possession resisted in, or p-evented from, obtaining possession of theof records and pro- baoks, accocnts, dowments, securities, cash and otherpeaiesof prop~t ies , whether movable or immovable, of'the rnaket market cammtttee (hereafter in this section referred to as the committee. records and properties of the market committee) by any person who is not entitled to be in possession of the

and properties of the mafket committee, any m:tropolitan magistrate or any ~udicjal magistrate ot the first class in whose j~zrisdiction the office of the market committee or the records and properties of that market

Protection of action taken in good faith.

I 938 Agricultural Produce Markets 11978 : T.N. Act 33 (Amendment and Special Provisions)

committee is or are situate shall, on application by the Special Officer and on the production of the order of appoint- ment, and of a c5rtifi~te by the Director in the prescri- bed form setting forth that the recards and properties mentioned therein &long to the market committee, direct delivery to the Special Officer of the possession of the records and properties of the market committee.

(2) No certificate shall be issued by the Director unber sub-section (1) without making such inqoir y as he deems necessar y.

(3) For the purpose of the proceedings under sdb- section (1) the certificate aforesaid shall be conc.usive evidence that the records and properties to whih it relates belong to the market committee.

(4) The metropolitan magistrate or the judicial magistrate of the first class referred to in sub-sediol (1) may, pending disposal of an application for d i re~ing delivery to the Special Officer of the possession of the , records and properties of the market committee mentioned in the certificate by the Director, appoint a Receiver to take possession of such records and properties or szch portion thereof as may be necessary. The remuneratim, if any, paid to the Receiver and other expenses incurred by him shall be payable from the Market Cornmitee Fund.

7. (1) The Government may, by notification, authorist the Director or any other officer to exercise any of tht powers vested in them under section 5, in respect of an] market oommittee.

(2) The exercise of any power delegated under sub- section (1) shall be subject to such restrictions and condi- tions as may be specified in the notification and subject also to control and revision by the Government.

8. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.

(2) No suit or' other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.

2978 : T.N. Act 331 Agricultural Produce Markets 939 (Amendment and Special Provisions)

9. (1) The Tamil Nadu Agricultural Produce Markets~epeal. (Amendment and Special Provisions) Ordinance, 1978 (Tamil Nadu Ordinance 4 of 1978), is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken nndcr this Act as if this Act had come into force on the 6th day of June 1978.

i 10 Agriclritural Produce M ~ r k e t , f [ [1981:' f r i &-:Act 5 (Amendment)

TAMIL NADU ACT NO. 5 of 1981.* 1 , ,

THE TAMIL NADU AGRICULTURAL PRODUC3 MARKETS (AMENDMENT) ACT, 1981.

. . [Received ihe assent of the Governor on the 3rd March 1981 3 first publisked in the Tamil Nadu Government Gaze:te Extraordinary on the 3rd March 1981 (Md 20, ~owthiri-2012-Thiruvalluvar Aandu).]

An Act further to amend the Tamil Nadu Agricultural Produce Markets Act, 1959.

BE it enacted by the Legislature of the State of Tamil Nadu ih the Tldrty-second Year of the Republic of India as follows :-

Short title and 1. (1) ~ h i s Act may be called the Tamil 'Nadu Agri- 9 cultural Produce war ket s (Amendment) Act, 198 1,

(2) It shall be dezmed to have come into fo re on .the ,5th day of December 1980-

2. frhe amendment made by this section has aIreaQy been iJccrrporated in the principal Act, namely, the Tamil Nadu Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959).]

Term of ofi- 3. Notwithstanding the expiration of their term of office, of the mem- th, members of market committee appointed under the bers of certain . proviso to sub-section (5) of section 8 and holding office &tms to immediately before the 5th day of December 1980, shall :

continue. continue to hold office and function as members of the .

market committee for such period or riods asthe 2 P" Government may specifl under clause (ii) o the proviso to i sub-s&ion (5) of section 8 as amended by this Act. g:

Repeal and saving. 4. (1) The Tamil Nadu Agricultural Produce Markets

(Amendment) Ordinance, 1 980 flamil Nadu Ordinace . J,2 of 1980), is hereby repealed. ,

;1 Q

(2) Notwithstanding such I epeal, anything done or any action taken under the principal Act as w a d e d by the said Ordinance shall be deemed to have been done or taken un&r the principal Act as amended by this Act.

-d - - ...*...- * ~ o r Statement of Objects and Reasons, see Tamil Nadu Govern- ,,

~are t t e Ext;::r-Finarv, dated the 6th February 1981, Part 1V-Section 1, Page 79.

1981 ; T. N. Act 531 Agricrrlnrral ProcZ'ice Markels 555 (Second Amendment )

TAMIL NADU ACT NO. 53 OF 1981.*

THE TAMIL NADU AGRJCULI'URAL PRODUCE MARKETS (SECOND

AMESDSIF!T> ,A4C7t, 198 1.

[~ecc ived the assknt of the Goven,or on tk 10th September +. 1981, first publtshed in the Tamil N~du Government Gazette Extraordin*ry on the 14th September 198 1 Aavani 29, ~urtmathi-2012-Thir~vuIIu~ar Aandu ).]

An Act firrilter to hmend the TmiZ N a h AgrfeuIturu l Produce Mark< ts Act, 1 Y 5 9.

BE it enacted b) the Legisl?tsre ~f the State of larnil Nadu in the ibirty-seccnd Y e n of tne Republic of l d i r as follows :-

1. ( I ) Tlis Act m?y be called the Pamil Nadu A s i - short title cu;turdl Plodu~e Mp 1 kets (%cord Amendment) Act, and corn- i981. mencement.

(2) It sh?ll be deemed to have come i ~ t o fore on tw 11th dzy of May 1981.

2, In getion 24 of th2 Tamil Nada Agriculturai P ~ o d u ~ Amcndmhlt Merk,;ts Act, 1959 (Tamil bhdu Act 23 of 1959) (herein- of section 24,

Tami 1 Nadu afm rcfelred to r s the principai Act), in sub-seotro (I), ,3 of fc11 .h~ wolds " four ye~rs", the words " eix ycar.6 " shall be 1959 substituted.

7. (1) Notwithstanding anything contained in the Persons plircip::lAct or in any othcr law fat the time beingin folm, appo~nted to carry the pcisons appoii~tcd ~r?der clause (a) of sub-seclion (3) of section 24 oft he pl incipal Act and holding office immediate- functions ly before the 11th day of May 1961 (helesftei in this of aaain seelion referled to as the said persons), shall wntinur: to market commi ttees hold office and carry ovt the functions of the ma~ket mm- continue, mittees fox such period or periods ag tht State Governmod may specify under sub-section (1) of seaticn 24 of the principal Act as amended by this Act.

*For St afement of Objects and Reasons, see Tamil Nadu Governmmt Gazette Extraordinary, dated the 13th May 198i, Part IV-Section I , p a p 610.

Repeat and saving.

556 Agrinrlturd Produce Markets [I981 : T.N. Act 53 (Second RmulcLnenl)

(2) Anything done or any acticn taka1 by the said person during the priod oommtncing on thc 1 lth dc y of Nay 1981 and ending with the 4th day of June 1981 shall be deemsd to have been done 01 take11 under the principal .

Act as amended by this Act.

4. (1) Th: Tainil Nadu Agricultural Produce Markets (Second Anlendme1 t ) Ordinance, 198 1 (Tamil Nadu Ordinance 6 of 1981), is he~eby repealed.

(2) Notwit hsirunding such I epeai anything done or any action t r ken urdel the plinoipzl Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act z s amended by this-Act.

Short title and cammence- ment.

Amendment of section 8, Tamil Nadu Act 23 of 1959.

Term of office cf the members of certain market commit tees to con- tinue.

912 Agricultural Prod~ce Markets [I983 : T. N. Act 4 (Amendme nt )

TAMIL NADU ACT NO. 4 OF 1983.'

THE TAMIL NADU AGNCULTURAJ, PRODUCE MARKETS (AMENDMENT) ACT, 1983.

~Recezved the assent of the Governor on the 24th Frbrunty 1983, first published in the Tamil Nadu Government Gazette Extraordinary on the 26th February 1983 (M& 14, Thunthubi, : 'hiruvalluvar Aartdu-2014).]

An ~ct;~urther to amen J the Tamil Nadu Agricultural Produce Markets Act, 1959.

BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-fourth Year of the Republic of India as follows :-

1. (1) This Act inay be called the Tamil Nadu Agri- cultural Produce Markets (Amendment) Act, 1983.

(2) It shall be deemed to have come into force on the 5th day of December 1982.

2. In the Tamil Nada Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959) (hereinafter referred to as the principal Act), in section 8, in sub-section (9, in clause (ii) of the proviso for the words " not exceeding three years", the words " not exceeding four years " shall be substituted.

3. Notwithstanding he expiration of their term of office, the members of the Pud~kkc f t~ i Market: Committee appointed under the proviso to sub-section (5) of section 8 of the principal Act and holding office immediately before the 5th day of Dtjcember 1982, shall continue to hold office and function as members of the market committee for such period or periods as the Government may specify under clause (ii) of the proviso to sub-section (5) of section 8 of the principal Act, as amended by this Act.

4. Anytlling doi~c or :my action taken by the Pudukkottai Market Committee under the principal Act at any time after the 5th day of Decembcr 1952 and before the 4th January 1983, sllall for a11 purposes be deemed to be, and to have -- __-- II_ -- --- u For Statement of Objects and Reasons, sce Tcrnil Nadu Govern-

ment Gazette Extraordinary, dr ted the 8 th February 1983, Part w-&stion 1, pages 70-7: -

e' "r

- - - --- - - -.--A -- --

1981 : T& Act 41 Agricultwd prodice M a r k e ~ 9 13 (Amendment)

always been, validly done or taken in accordanw with law as if the principal Act as amended by this Act had been in f;rce at all material times and it shall not be liable to t'n

questioned in any court of law.

5. (1) The Tamil Nadu Agricultural Produce Markets (Amendment) Ordinance, 1982 (Tamil Nadu Ordinance 1 of 1983), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordim*, shall be deemed to have been done or t ~ k e n under the principal Act, as amended by this Act.

Repeal and sa~iog.

retiod or periods. as under sub-section (I) of

. - . . ,

(By order- of , the Governor.) . . .

Law Department. ,

,

' I

TAMIL NADU GOVERNMENT GAZRTTE iBXTRAORDIhTAltY 194 --- -- - -

The following Act of the Tamil Nadu Legislature received the assent of the Governor on the 29th July 1985 and is hereby published far general itiformation:-

ACT No. 37 O F 1985.

f An Act fzrrli~er to ar,te??d t l ~ c Tarnil i7v'ud~c A g~.icultural P Y O ~ U C C

i Murkets Act, 1959.

! BE it enacted by the Legislature of thc State of Tamil Nadu in the + I histy-sixth Ycar o J the Republic of India as follows :-

1 . Slzort title ur111 cottlt~~encettretz1.-(1) This Act may be called the 'I'aniil Nadu Agrici~ltusal Produce Markets (Second Amendment) t l c t , 1985.

(2) Tt shall hi. dcemcd to haw conic into force on the 31th day of May 1985.

> 2. A!nc>ndt~zent o f sect~on 24, Tarnil iVudu _;. + 23 of 1959.-In

\ect~on 21 of the Tamil Nadu Agricultural Produ,ce Markets Act, 1959 ('Tamil Nadu Act 23 of 1939) (hereinafter rcferrcd to as the piinc~pal Act), 111 sub-soction ( I ) , lo r the words " eight years ", the

6 b word> nine years " shall bc substitutcd.

3. I'rr,\owr upl?uitlled to curry o l i t tlze /rrr?clions of certain market cor7~initices to coniitzrrc.-(I) Notwithstanding anything contained in tile princrpal Act or i t 1 any olhcr law for rhe t i~nc heing in force, the pcrsons appoittted under clatrsc (u) of sub-section ( 3 ) of section 24 01 tlic principal Act atid lloldlng office immcdiatciy before the 11th ( la4 ol May 1985 (hcr~aftcr In this section rcfcrred to as the said pcrx~n\) 'h,lll continuc to hold office and carry out the functions of ' thc rnaricct comrnitlce~ for such period or periods as thc State Govern- ment inay spcc~ly under sub-scction ( I ) of scction 24 of thc principal Act. ac, amcndc<l by this Act.

(2) Anytllin!: done or any action taken by the said persons dur ing the pcriocl commencing on tlie 1ltP~ day of May 1985 and crlding with the datc O F the puMication of [hi:; Act in the Tanzil Nadu Go\wrt~/tzeri~ Guzetlc shall bc dcclned to havc been done or taken uncier the principal Act, a? amended by this Act.

(Bv ordcs of tilc Govcn~or)

4 4 S. VADIVELIJ.

1 Cortlmi,\.sionl?r arzd Sccwtury to Government, Z Law Depurtnzrnt. f - - - -- ---- -- -- - --. - - - -

PHxNTBI) A N & PIIDLf8IIBD BY THBl I)IBBWOB OW BTATIONP&Y AND PBIKTWQ v r n n l a r \w am?rAT.w BP %ma ClnTTU1)W2mWT am m r y 7 l i mbmn,

. - . . . .

- . . . - -

, . , . TAMIL NADU GOVERMFlWn G m T T E EXTRAORDINARY 59

i- --. - The followillg Act of the Tamil Nadu, LegisPature received thc

assent of the Governor on the 17tX February 1986 and is hereby information :-A . ..

AGT No. 18 OF 1986. C

e d ?he Ttud Ncrdu 51&ctr2!tutaI. Prduce . ' Mmkets Act, 1959. and the T m i l N d u Agricultural Prodttce:-

Zent and Special Provisions) Act, 1978. ,', ,

.-

dE it enacted by the Legislature of the State of Tamil Nzidu ia tlie - .

ar of the i ~ e ~ u b l i c o f h d i a as follows:- ,

1, Short title and cornrnencemint.-(1): This Act may be called ~ 6 3 Tainil Nadu Agricultural Producc Markets azd the Tamil Nadu Agricultural Produce Markets (Amendment and Special Prov3sions)

- 0

(2) It shall be deemed to have come into fo& on the 4th December 1985. I

2; Amendment of section 8, Tamil 'Naiiu Act 23 of 1959.-In the TamiI Nadu Agricultural Produce Markets 'Act, 1959 (Tamil Nadu Act 23 of 1959), in swtiotbn 8, in sub-section. (51, ia clause (2)'of the

"not exceeding six yearr;'', the words !'not exceeding seven years " shall be substituted. I

' 3: 'Arnetiflment of section 5, Tamil N a d ~ 'Act 33 of 1978.--In the * - Tainil Nadu Agricultural Pr od~~ce Markets ' (Amend merit and $peeial .

Prwisiws) Act, 1978 ('Tamil Nadu Act 33 of 1978), in swtion 5, in . suti-section (2), for the words " seven years and six months ", . the '

words "eight years and six months'' shall be .substituted. - I

4. Ripeal dnd saving.-(1 ) Ttie Tamil Nadu Agricultural Pg5duci. Markets and the Tamil Nidu Agricultural Produce ~ a r k e t s mend- ,

ment and Special Provjsions) Second ~mendmenf Ordinance, - 1985 (Tamil! Nadu Ordinance 12 of 1985) is hereby repealed. . . . I . L .

b

- ,

, I , : : . . .- - . .

.' ! -& TAML NADU GOVER~ME'N~I GAZETTE EX'~RAORD~NAI~Y,

a , (2) Ngtwithstandmg su(ch repeal, anything dons or any action taken under the Tamil Nadu ~ g r k u l t u r a l Produce Markets Act, 1959 (Tamil Nadu Act 23 of 19591, as amended by the said Ordinance, or,

j - under & Tamil Nadu Agricultural Produce Markets (Amendment and ,

: Special Provisions) Ack 1978 (Tamil Nadu Act 33 of 1978), as amended by thc said Ordiriance. shall be dzcmed ro have been done or

.- takep . . under the Tamil Nadu Agric~iltural Produce Markets Act, 1959 ( 'Ta~i l Nadu Act 23 d 1959) or, as the case may be, under the

, Tamil Nadu Agricul turd Produce &Jake ts ( ~ h e n d m e n t and Special -Provisibns) Act, 1978 (Tamil Nadu Act 33 of- 197S), as amended by ' this 'Act.

. . . (By order of the Governor.) . ,

I . . . . . . .-. . I . . ,

S. VADIVELU, - ' ,

Cornlnissioner and Secretary to Government, ,- , . Law Deporlment.

'An Ac

1. the T

2. tjon 2 Act. the c sem ' nlcns

seven an d

four seven

sever and I

four sevel

5 sectic

-" one II

Onr

subs!

OF TAMIL KADV

- -- , # " - " .

-_ --

FdADRAS, TUESDAY, J U N E 24, 1985 '

.--I -:w

AAN; 10, AS'CKAYA, THIRU VALLU #Ah A A N D U - ~ ~ I ?

, . . - for gsneral information :-

Markets Act, 1959.

BE it enacted by the Legislature of the Stat2 of Tamil Nadu in tho Thirty-seventh Year of the Rcpublic of India as follows :-

I. Short fihe ~ n d awnmencement.-(I) This Act may be called the Tamil Nadu Agric~lltural Produce Markets (Amendment) Act,

(2) It shall be deemed to have come into force on the 11th day of May 1986. #

2. Amerzdment of sectiol, 34, 'J'tlmil ,?//All11 Act 23 I,/ f9JCr),.--Irl rr- lk~n 21 of the Tamil Nadu Aoricultt~ral Pj-orlucc MarkctT 1959 [TaZli! 'i~'!Ll A a 23 f:f 1959, o)f;rf;in;df:r;r r;fcrred as the

t 4 e . - . . \ ~ 7 - q r . . -fyq - r , , d l .

TAMIL:

3. Persons appointed to - carry out the furrutior!~ of certain ~ ~ i m - ker c~mti;iitt.es ro continue.-(1 ) Notwil hstanding anything cos tr r e d i , the principal Act or in any other law for the iiinc b2:72 18 force. the oersons aa;~ointed under clause ( a ) of sub-section (3 ) d , secl the

idn 24 'of 1 1 th dav - - - - - - - - ; - - - - - . ----- -

the said persons) ;hall continue ro hold olfice and cariy functions of the market iom~littees ior such ,xlmlod r ~ r ptriods a

State Go\ a . . - of the principal Act, a.s amzndeh by this Act.

(2) Anything done or any action taken by he said persom' duriag the period commencing on the 11th day of May 1986 ad: eading wi.th the datc: of the publication of this Act in the Tamil Noh' Guverni:ie~tt Gazette shall be deemed to have been donc or taka! under thu pr'ncigal Act, as amended by th:s .Act.

Conimissioncr on3 Setrerury io Gorcrnniuq Law Depnrtnrent.

NADU GOVERNMENT GAZETTE EXT-ORTJINARY

- .

the Act ~ n d holding i~ fficz .inlrncdia~t:lg b t f ~ ~ of Mav i986 (hcrcnfter in thls szction xferred LO a

rernrnent mav svecik'y itnder sub-sechn !

S. VADIVELU,

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eu

n- of :1e \e r

nd is

[era ra- rict ~r ai 711 ~ d u L to .ici- .*nil. ,

120) Part IV-section 3

*@- 1 [R~gfs t~red No, n-I QOVERHMEHF OF- TAlliL I ( ~ W

1

I986 ,.-.. (Prtt* pat;, ,

- / - -,

T d Madu A- and I-

i

I The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 3rd December 1986 and is hereby published for general jnformntion :-

renl, I ACT NO, 66 OF 1986.

NO. 7131 MADIUS. WEDNESDAY, DECEMBER 3, IIU KARTHIGAI 18, ATCHAYA, THIRUVALLUVAR MNDU-sf7

An Act further to amend rhe Tamil Nadu AgriczrlruraI Produce ~ f r r k e t s Act, 1959 nnd rhe Tamil Eiadu dgricultr~ral Produce Markers (Amenclme~~t and Special Previsions ) Act, 197.8,

Be it enacted by the Legisislative Assembly of the State of Tamil Nadu

I in the Thirty-seventh Year of the Repilblic gf India as follows :-

, ?

I

.. 1 7-

t h

1 1. Short title.--This Act may be called the Tamil Nadu Agricul- 1 tural P~oduce Markets and the Tamil Nadu Agnicultufd Produce

Markets (Amendment and Special Provisions) Second Amendment I

I Act, 1986.

--, . @ & P P + : T . & : ~ ; C . + . . .1 { w m r . . . ,

TAMIL NADU . -

OVERNMEN.T I GAZETTE XTRAORDI~ARY PUBLISHED BY AUTHOI,TI

I - 2. Amendment of secfiopz tj, ITomil Nadu A ~ L 23 of 1959.-In the Tamil Nadu Agicultural Produce Market6 Act, 1959 ( T a d Naxlu

- ... -

Act 23 of 1959), in section 8, in sub-section ( 5 ) , in clause (3) of the' provh, for the words " not exceeding seven years ", the words "not exceeding eight years " shall be substituted. . .

446. UM1L NADU GQVEKL4MENT tSAZKiTE EX'LILWKUYNABY ! k r -:4 ‘...' :" .' "7 * . ---- ~ ' j LY 3. Amendment of section 5, T Q H ~ Madu Act 33 of 1978.-In the ~amb- WIJ. Agricultural Prod w e Markets (Amendment and Special

d m s y *Act,+ 1978' (Tamil Nadu Act 33 of 1978), h section 5, in (21, Bar the words " eight years and six months ", the

ords " nine years and s-ix .months " shall be substituted.

i k. . - .c. C -. . , S. . VADIVELU,

C~,v~rtiis.\~ioizer and , Secretdry to Government, >'

. 1 , . . . . . . Law .Dcpurtrnatt.

. -. - ~ R I ~ T E ~ A ~ D PUklLI3-X) By THE J I ~ E ~ T O B OF STATIONERY BNQ PRmTIHU , Septi

XADRA8, ON BEEALE OF TEE QOVERNMENT OF TAMIL HADn-

1981

TAMIL NA-DU G O V E K N M E N T GAZETTE EXTRAORD~NARY P ~ B L I S H E D BY AUTHORITY

J

MADR.\S, SbTlJ RDAY, DECFMBER 5, 1987 lo. 7351

KARTH 19, PRABH A ~ V A TH IRUVALLUVAR AP NDU-2018

- IIC- ..,-o~f

b

IV-Section 2 I * g T f d ~ * d a A& ,&nd or-- , s,,@

I

'The follotvvine Act of the 'Tamil Naclu Legislative. Assembly ,,

the of the Governor on the 5th December 1.987 and.* is her&\' pub!ishecl for general information :-A- - ,

ACT No. 46 OF 1087.

,$:: Act funher to arnerrd the Tarnii !V~!lu AgliCulturaZ ~ t o d u &mkets Act, 1959 and the Tamil Nadu Aflicu~tural 34arkets ( A n:end~nent and Special Provisions j Act, 1978.

BE it enacted by the Legislative Assembly of the Stat'e cf Ta in the Thirty-eighth Year of the Republic of India as ~ O E O

,, * f r b '.f"i

1 . Short i ir1e.-nis Act may be ailed tne Tamil N d u Agricul. , ,if

iural Produce Markets and the Tamil Nadu Agricultural Produce * ,'4

* ?$ , . ,. Markets ( Amendment and Special Provisions) Amendment Act, 1987. -, 'J:

t,$

2 . Antendntent of section 8, Tamil Nadu Act 23 of 1959.-1-m the. , , *. I; fl+,$ !$ Tamil Nadu 14gricuiturel Produce Markets Act, 1959 (Tamil Nadu , - i L .,' 4 f a

Act 23 of 1959), in section 8, in s~lh-secticn ( 5 ) , in clause (ii) of,the' ,

proviso. for the words " not exceeding eight years ", the words "not$ escceding nine years " shall be substituted. , , , : . ,4

( A Group IV-2 Ex,(735j--1 [ '307 I *.;3i , ' - + . >-."vf$

. ! @% 3 . * *,& % . ' 4 .

Short title and commencement.

amendmeat of Tamil Nadu Act 23 Ssp 1959.

Amendment of Tamil Nadu Act 33 of 1978.

Amendment of Tamil Nadu Act 8 of 1989.

Repeal and saving.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINAR1

The following Act of the Ta111il Nttdu Legislative Assembly received the assenl 01 tliu Clovcrnor on the 12111 hlebruilry 1991 and is lloreby publisliccl lor general information: -

ACT No. 13 OF 1991. ' ,

fili it enacted by the Legislative AsscmLly of the State of Tafil:l Kadu in thl: E'orty-first Year of the Republie of India 8s foi.101~~ :-

1. (1) This Act may be called the 'i'amil Nadu Agricuitural Prociuce Blarkets Laws (Amendment) Act, 1991.

(2) It shall be deemed to ha.ve ccjroe into force on the 3rd day of Uece~nLer 1990.

month " shall be substituted.

3. In the Tamil Nadu Agricultural Produce Markets (Amendment and Tamil Nadu Special Provisions) Act, 1978 (hereinalter referred to as the 1978 Act), in 33 of 19 section 5, in sub-section (2), for the words " twelve years and six months ", the words " thirteen years " shall be substituted.

5. (1) The Tamil Nadu Agricultural I'rodnce MarIrets Laws (Aniendmcnt) Tamil Nadu Orilinance, 1990 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any aciion fibken under the 1959 Act or the 1978 Act or the 1989 Act, as the case may be, as amended by the said Ordinance, shall be deemed to have been done or taken undc-r the 1959 Act or the 1978 Act or the 1989 Act, as the casre may be, as :~rnended by this Act.

(By order of the Governor)

P. JEYASINQH PETER, Secretary to Government, Law Department.

-. ~ M T E D AND PUBU-