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I
THE TAMIL NADU AGRICULTURAL PRODUCE MARKETS
ACT, 1959.
TABLE r
QF C$NVNTS.
. I
r i
PREAMBLE. , .. :
,S~cnoNs.
1 Short title, extent and'q$tnqqpmeht.
* I

2 Definitions.
3 ~otificationof intention of exercising control over
purchase and sale of agriqyltural produce in specified
area. rnrr~~r .
."...L l l . ' ? Y : *
i -
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 aor 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.
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4959 :T.N. Act 231 ~ ~ r i c u ~ tp~l roawf


MarC: e ts
$ECTLONS.

21 Purposes for which the fund may be expended.

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


4
,
or by-laws
- ,
.
,
I f .
.

23 Power to borrow.

24 Supe~sessionof market commiW.

25 Pedalti 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@*
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360 ~ g r ~ c o l t u Ymtuct:
ra~ [I959 : T.N. Act 23: 1
Markets 1
I[TAMIL NADU] ACT No. 23 OF 1959.2
I
THE '[TAMIL NADU] AGRICULTURAL PRODUCE
MARKETS ACT, 1959.
[Received the assent of the Governor on the 24th December
I
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 ~ Gazette
e
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, a s
amended by the Tanlil Nadu Adaptation ol' Laws (Second Amend-
ment) Order, 1969.
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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
districts
- designated
,.-J . by the ~overnin'
1 4 J
.. . . 1hxfin
; k
that behalf ; 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 -
This expression was substituted for the e ression "Director of
1
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) .
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t
362 Agr~cultural Produce [1959:T.N.Act23 9
Markets 4e
s ,.is ,-
\
,">.i3& i: r "!*
i .
,
I

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)roducesby 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


NOtificarionintention of execising control over the purchase and sale of
of intention
of exercising b b -h agricultural produce and in such area as may >e
m t r o : 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.
"
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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-producespecified in
tlie zlotifichfiob &ndef.tIiat
. '
section..
rp
,,.I
. I
' J d
t
- I
r
. a . -4

JdoPy'of' the fiotifi~(ltibnshall*6b ' published in such


,., ; -
manner as ~ a be y 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~nderclause (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
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364 Agricultural Produce 11959 : T,N, Act 23


Marks ts q

may from time to time direct,


facilities, as the ~over,nment
for the purchase and Sale of the notified agricultural pro-
duce. <

I .

(4) The ~overnmeGtshall, 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?griculturalproduce :
Provided shall i ~ ~ iq' ~ the
~ $ e
notification area in respect of
which any which ,@$ estab-
(2);$&5es on
its business :
b t Government may iubject to
provided f u r t ~ < ~ ' tthe
such rules as may be ldhde include in the notification under
this sub-sectioa the7area.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
notified area. place for the purchas6'or sale, storage, weighment, pressing
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
produced by him, or a co-operative marketing society
I!
G

selling notified agricultural produce which has been grown,


reared or prt~ducedby 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.
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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~ganything-contailled i i ~sub-


sectioil (1), no persoil shall, after the date to be notified
by the Government ill this behalf in the TamilKadu Govern-
ment Gazette, purchase or sell any notified agricl-ltural
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~iredto


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


~griculturalProduce 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.
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3G6 Agricultural Produce [I 959 :T,N.Act 2 3
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
44
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 financialyear and shall be renewed from financial $
,""f'
year to financial year.; and the provisions of this Act
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
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1959 :T.N. Act 231 Agl icul t ural Produce 367
Markets

7. The Government may, by notificati6n-


to alter
(a) exclude from any notified area or from any notified 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~istof mem- committee
by election,
bers not exceeding eighteen and shall be constituted the
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 i c u l t u r1~p r c d ~ c e
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 Fthe
~ 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~oribedand 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


A ! : . :% Prodwe Markets ( M 8 p d p 4 ) &, 1965 ( ~ a m i l
of 19a). : *
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Agr fnrI,tu~alproduce 1 [I959


-
p
:- T.N.
.
Act 23
Maite t s
'0t '

(4) The ~ b v e ~ ~ r may


' n e ~ippoidt
t 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 ~ l n b to
c ; rthe
s 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

, by Co-ope-
5 shall consist of the following members, namely :-
ir'
rative . c
Marketi rsg -3
Society.
(i) nine persons appointed by the co-operative
marketing so~ietyfrom 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
f
(1) of section 6 in the noti 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 k v e come into force on the 5th December
1980.
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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
protiucc: 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 aOfficers
l 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 r o t be held,
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! :\
3rlQ Apicul turd Produce [I959 :T. N. Act 2 3
MOP,(et 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 . 1
$
7
-i,

,
.
a:> 2

* 1
(5) For the purposes of sub-section (2) no meeting of -+4 V
the markt committee from which a mtmber zbsents
himself shall bq c~untedagainst him if dce ;notice of that
meeting was nbt 'given
f l
to him. *-

(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~amcy 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-~tfor a-ly
of tiff r ,zasIo~sspecified in the rules made u~lderthis Act.
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1959 : T.N. Act 231 .Igric~lturalPmduce 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
matter and may delegate to any one or more of its members and tee
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!tAce 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 a r d if, fcr any
reason, there is delay in the reco~-~s?ilutio~~ of the nz:rket c d , .
mitt ee, those members shall, no.withstanding the expiratior, 3 f
their term of ofice, contiriue f o hold c a c e acd fur?ciion 1s
!
members of the market committee uniil tire market comtni:iee
is reconstituted,''
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372 ~griculturalProduce LlY5Y : I .I.. ~ c A-
s i
Markets L
f
such a meeting wiihh'one month afterreceipt of a requisition i
in writing from ltlie Director or from such number of
rneii~ber-sor prc.portion of the total number of nleml~ers I
as may be specified in the oy-iaws uf L
b market committee.
.*
- :,> ,. 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
officers and and servants as may be necessary for the management
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:
(3) of section. 24."
% .

appointed under - sub-hection


.
.
% . -

s- S l .

id :*
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(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

1 agricultural~produceis bought or sold \whether for cash


or Brdc&md [payment or other valuable consideration.

II 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).
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~nsuch 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
in the case of notified agricultural produces (other than notified
i agricultural produces which afe declared goods) levy a cess by
way of sales tax on such notlfied agrlcultwal produc~sbought 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.-

I
The present sub-section was substituted for sub-section (1) as so
amended by section 3 (6) of the Tam11 N a d ~Agricutltural produco
Markets (Second Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970)
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374 ~~ricaltC$l
Produce [I959 : dfl.. $ct. 23
Markets

, j.
xr,; { -
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
...shall
fraction of ten paise.equa1 to or exceeding five pLaise .
be regarded as tedi:paise. .. A .
Z
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~ralProduce 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 dsub-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
W L S deemed to have come, i ~ t forqe
a 04 the 22nd October 1962,
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'" (3
1~r&g tm$ 1 e o kvkd
~ u d s u b a k l i a r (1) *hs:l bf subject to the
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
market committee shall levy a cess by way of sales tax--
b
(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 everayhundred 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 ~Act
u 19 of 1970).
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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, -,vhoshall, 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~orst.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 >offenceunder this Act ad8'fhbapro-
visions of sections 523,524 and 525 of the Cage @ ~ s i & i ~ 1
Procedurc , 1898 (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 s
1gy The market committee may, .. subject -to.,such~ault ,
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).
*
Now the Code of Criminal Procedul:e, 1973 (Central Act 2 of
1974), sections 457, 458 and 459,
I
I
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1959 :T.N. Act 231 t f Produce


A g r i c ~ lura 399
Markets

20. (1) All moneys received by a market committee shall Market


be paid into a fund to be called the "Market Committee fund.commitlee
F u ~ d " .All expenditure incurred by {hemarkd committee
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 PIJIposes


committee fund shall be expended for the following for which
the fund
purpose, only :- 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 ;
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378 AgricuIt u ~ a fProduce [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.1produce ;
(viii) schemes for the extension or cultural improve-
ment of the notified agricultural produce within the notified
area, includii*gths g r a ~ t subject
, lo the :ipplov.~lof 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 ~pecialorder.

NOtrade 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 by transaction in respect of the notified agricultural produce
prsalibcJ
rules or by- conc~rnedand no Civil Court shall, in any suit or proceeding
laws. arising out of any such transaction, have regard to any
trade a110wancz 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

- %

e Dd---.*
c.5-
*
/
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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
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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,-
(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 aT6yfee
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.

Liability of 26. Every person who is prosecuted for an offence under


accused section 25 or the rules or by-laws made under this Act, shall
t o pay fee be liable, on pioof t o flip: satisfaction of the Magistrate
a[**]
other
of that he wilfully omitted to pay the fee, 3[ * * ] or other
mount. 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 ~ h e amount.
r
-
1 The word " cess " was omitted by #section5 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. '
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1959 : T.N. Act 231 ~ g r i c u turat


t 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 I
by-laws made thereunder, by way of composition of such
offence-

(a) where the offence consists of the failure to pay


or the evasion of any fee, l[ * ] or other amount recover-
able-underthis 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 vi


SL~W 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, i n 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).
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? 81 Ag~iculturaiProdz!ce f i 9 9 : T.N. Act 21


Markets

(2) In particular and without prejudice to tbe


generality of the forcegoingpower, 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 ofi2[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 ;, , ' ,. ..:
-$ ' t
lir I

-
' 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 . .


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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~swhich 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


of 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;


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(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-
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1959 : T.N. Act 231 Agricultural Produce 385


Markets

(c)' Every1rule 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~nof 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
rrecoverabla
contract or otherwise, or any sum payable in connexion ifei,
etc.

1 The word "cess" was omitted by section 10 (1) of the Tamil


Nadu Agricult~~ralProduce Markets (Second Amendment) ~ c t ,
1970 (Tamil Nadu Act 19 of 1970).
8 The word 6ccess" was omitred by siction 10(2), ibij.
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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-
Director, if the fee, 1[ * ] amount or sum
(i) the
exceeds one hupdred rupees, but does not exceed such
amour~tor 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) Noloffence made punishable by this Act or
offences. any rulz or , by-lay made thireunder shrill"btried 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
~overnmeiltarrears of land.' revenue. . *.8
from market
cornrnit:~. . a . i'i :
" ) i d 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,rzspectof any proceeding to satisfy them-
records and selves as to, the mgulari ty . of such proceeding or the
pass orders.
"

The word "cess': was o nitted by section 10 (2). Of . the Tamil


1
Nadu Agiic;ilt~salProJuce 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,
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1959 :T.N; Act 231 Agricul turd Produce 3 87


Marbe ts
. ,any
correctness, legality or propriety of .. %decision or order 1

passed therein ; and, if, in any case, it appears to the


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~tfor 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


Indian Kcgistration Act, 1908 (Central Act XVJ of 1908), Regist rat ion
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.
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388 Agricuftural Produce [I959 :T.N. Ac: -3


M'rket s

Liability c- 37. (1) The chairman, vice-chairman and every member


the chairman ofza market c o h i t t e e shall be liablz for the loss, waste
vice-chail- or misapplicatibr. cf 2r.y money cr other property owned
members for by, .or vested in, * 'the market committee, if such loss,
man
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*thecommencement 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 cthisr Act and any
matket est.!blished;undc:. the saia Act shall be deemed to
be a BW h ~ cptablisbrtd
f under this 4ct,
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748. - '

- .- '..
,
.. , .

Sh~rttitle and 1~:o)Thib Act may be called the Tdmil ~a


f i t

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 ~lidatioa
J 3. Notwithstandi

cess was levied or collected and accordingly-

.. ---- *"9CTls- )I - .
--_ .- LatestLaws.com
,

.16ivT.N. Act 181 Agrictiltural Produce Markets


. . (A~r!eqdmentand Valirlatio~r.oj' Ccss)
. .

$Z . @):no. suit or other proceeding shall be maintained or


Icontinued
t in any court for the refund of any cess so paid ;
8 ,
p?t.;" . . ' ' - ..
I-al.,:. (~)-.ndcourt shall erxorce any decree o r order diret;ting
Hr. -&e.zefurid of any cess so paid.
'i . I
. . '
,
t "
$ *:,4. (1) Any. person in rqspect of whom the cess on the Transitional
&&i,~:i.-p&tcha~~ producks which ate deblarkd provision
bf agricult~~al
: $dbd's'hai*been. finally levied and collected under the pro-
? visions of the principal Act C~uri~p the 9 ~ r i d dcommer,cing
; on f b 22nd
~ Octo.ber 1962 and ending vi:h the 18th
i Yiu&8tr.lg7O ( b ~ h days inclusive), rnay;:app.ly in s$&
. .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 ., , .;>
'6fsectidri 18 of the principal Act .as amend@ by this Act. -. '
I<..
L I,,
....
"n receipt of an application under. sdb-sition (I), t68
:market committee concerr~edshall 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,
r ,
are declared
. ..
% . '
,
.,-, '

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) -islass than the amount of cess already cill&t& 4-:> Y I . ~ ?


bb .: , ?,c;r2 z<~:.!
t .of.&oh declared goods the diffareince sl1a1;l~ -s,-+~$,
!7:4

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

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~ lA- d u c l~ & f r e w ~ e p e a lof
aticn of Cess) Ordinance, 1978;Tamil N a d ~
2 of 1970 ) is hereby repealed, Ordiaacceor lwO. 2
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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

I
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
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 ~
shed under section 5 of the principal Act (including it?otfica.
chairman and vice-chairman and e p o f i c i o 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.
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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- 5. (1) (a) Not\\ithstanding anything contained in tht
ment of
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 u n d e ~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 a s 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 w y d s 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.
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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~ralproduce 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~~lturalOfficer 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
o t h r 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~sat 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 andrecords
pro-
baoks, accocnts, dowments, securities, cash and otherpeaiesof
p r o p ~ t i e s 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 ~udicjalmagistrate ot
the first class in whose j~zrisdictionthe office of the market
committee or the records and properties of that market
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938 I
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~teby 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 r e ~ i n g
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.
Protection 8. (1) No suit, prosecution or other legal proceedings
of action shall lie against any person for anything which is in good
taken in faith done or intended to be done in pursuance of this
good faith.
Act.
(2) No suit or' other legal proceedings shall lie
against the Government for any damage caused or likely
t o be caused by anything which is in good faith done or
intended to be done in pursuance of this Act.
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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.
LatestLaws.com

i 10 Agriclritural Produce M ~ r k e t , f [[1981:' fri &-: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 19813
first publisked in the Tamil Nadu Government
Gaze:te Extraordinary on the 3rd March 1981 ( M d
20, ~owthiri-2012-Thiruvalluvar Aandu).]
LatestLaws.com
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 Act s may be called the Tamil 'Nadu Agri-
9 cultural Produce war ket s (Amendment) Act, 1981,

(2) It shall be dezmed to have come into f o r e 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

&tms to
.
bers of certain proviso to sub-section (5) of section 8 and holding office
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
P"
Government may specifl under clause (ii) o the proviso to
sub-s&ion (5) of section 8 as amended by this Act.
2
i
g:
Repeal and
saving. 4. (1) The Tamil Nadu Agricultural Produce Markets
(Amendment) Ordinance, 1980 flamil Nadu Ordinace ;. 1
J,2of 1980), is hereby repealed. , 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.
-Statement of- Objects
*~or
...*...-
and Reasons,
-d

see Tamil Nadu Govern- ,,


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

[ ~ e c c i v e dthe assknt of the Goven,or on tk 10th September .+


1981, first publtshed in the Tamil N ~ d u 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 AgrfeuIturul
Produce Mark<ts Act, 1 Y 5 9.

BEit 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 1kets (%cord Amendment) Act, and corn-
i981. mencement.
(2) It sh?ll be deemed to have come i ~ t fore
o on tw
11th dzy of May 1981.

2, In getion 24 of th2 Tamil Nada Agriculturai P ~ o d Amcndmhlt


u~
Merk,;ts Act, 1959 (Tamil bhdu Act 23 of 1959) (herein- of section 24,
afm rcfelred to r s the principai Act), in sub-seotro (I), Tami,31 Nadu
of
f c 1 1 . hwolds
~ the words " eix ycar.6 " shall be 1959
" four ye~rs",

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?derclause (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 commi
marketttees
hold office and carry ovt the functions of the ma~ketm m - 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 Stafement of Objects and Reasons, see Tamil Nadu Governmmt


Gazette Extraordinary, dated the 13th May 198i, Part IV-Section I,
p a p 610.
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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 take11under the principal
Act as amended by this Act.
Repeat and 4. (1) Th: Tainil Nadu Agricultural Produce Markets
saving. (Second Anlendme1 t ) Ordinance, 198 1 (Tamil Nadu
Ordinance 6 of 1981), is he~ebyrepealed.
(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.
LatestLaws.com

912 Agricultural Prod~ceMarkets [I983 :T. N. Act 4


(Amendment )
TAMIL NADU ACT NO. 4 OF 1983.'
THE TAMIL NADU AGNCULTURAJ, PRODUCE
MARKETS (AMENDMENT) ACT, 1983.
~Recezvedthe 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 amenJ 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 :-
Short title 1. (1) This Act inay be called the Tamil Nadu Agri-
and cultural Produce Markets (Amendment) Act, 1983.
cammence-
ment.
(2) It shall be deemed to have come into force on the
5th day of December 1982.
Amendment 2. In the Tamil Nada Agricultural Produce Markets Act,
of section 1959 (Tamil Nadu Act 23 of 1959) (hereinafter referred
8, Tamil to as the principal Act), in section 8, in sub-section (9, in
Nadu Act clause (ii) of the proviso for the words " not exceeding
23 of 1959.
three years", the words " not exceeding four years " shall
be substituted.
Term of 3. Notwithstanding he expiration of their term of office,
office cf the members of the P u d ~ k k c f t ~ iMarket: Committee
the
members appointed under the proviso to sub-section (5) of section
of certain 8 of the principal Act and holding office immediately before
market the 5th day of Dtjcember 1982, shall continue to hold
committees office and function as members of the market committee
to con-
tinue. 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~cor :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
w-&stion 1, pages 70-7:
the 8th February 1983, Part

e'
"r
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--- --- - - -.--A -- --

1981 :T& Act 41 Agricultwd prodice M a r k e ~ 913


(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 Repeal and


(Amendment) Ordinance, 1982 (Tamil Nadu Ordinance sa~iog.
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.
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retiod or periods. as
under sub-section (I) of

. - . . ,

(By order- of,the Governor.)


. . .

Law Department. ,

'I
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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 ~ cTarnil i7v'ud~c A g~.iculturalP Y O ~ U C C
Murkets Act, 1959.
i!
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~ltusalProduce Markets (Second Amendment)
t l c t , 1985.
(2) Tt shall hi. dcemcd to h a w conic into force on the 31th
day of May 1985.
>
2. A!nc>ndt~zento f sect~on24, 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~palAct), 111 sub-soction (I), lor t h e words " eight years ", the
word> nine years " shall bc substitutcd.
6b

3. I'rr,\owr upl?uitlled to curry o l i t tlze /rrr?clions of certain market


cor7~initicesto coniitzrrc.-(I) Notwithstanding anything contained in
tile princrpal Act or i t 1 any olhcr law for rhe t i ~ n cheing 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~aftcrIn 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~lyunder 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
during the pcriocl commencing on tlie 1ltP~day of May 1985 and
crlding with the datc OF 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.
Cortlmi,\.sionl?rarzd Sccwtury to Government,
1
Zf Law Depurtnzrnt.
- - --- ---- -- -- - --
--. - -
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,
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. -..
. .
- . . . - -

, . , .
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 T t u d 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. ,', ,
.-

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


ar of t h e i ~ e ~ u b loi cf h d i a as follows:- ,

1, Short title and cornrnencemint.-(1): This Act may be called


~ 6 3Tainil 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 o d ~ ~ cMarkets


e ' (Amendmerit 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. . . . L . I .

b
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.-
- ,
,I , :: .. - . .
.' ! -& TAML
NADU GOVER~ME'N~IGAZETTE 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 lProduce 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 'An Ac


amended by thc said Ordiriance. shall be dzcmed ro have been done or
.-
takep . under the Tamil Nadu Agric~ilturalProduce Markets Act, 1959
.

( ' T a ~ i lNadu Act 23 d 1959) or, as the case may be, under the 1.
, Tamil Nadu Agricul turd Produce &Jake ts ( ~ h e n d m e n tand Special the T
-Provisibns) Act, 1978 (Tamil Nadu Act 33 of- 197S), as amended by
' this 'Act.
.. . (By order of the Governor.) . 2.
I .... . . ,

tjon 2
.-.. . , Act.
S. VADIVELU,
I .

the c
- ' ,
Cornlnissioner and Secretary to Government, sem '
,- , . Law Deporlment. nlcns

seven
an d

four
seven

sever
and I

four
sevel
5
sectic
-" one
II
Onr
subs!
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OF TAMIL KADV

---
, # "-".

-_--
FdADRAS, TUESDAY, J U N E 24, 1985 '
I- - . -:w
AAN; 10, AS'CKAYA, THIRUVALLU # A h A A N D U - ~ ~ I ?

, . .

-
for gsneral information :-

Markets Act, 1959.


BE it enacted by the Legislature of the of Tamil Nadu in tho
Stat2
Thirty-seventh Year of the Rcpublic of India as follows :-
I. Short fihe ~ n dawnmencement.-(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 ,?//All11Act 23 I,/ f9JCr),.--Irl


rr-lk~n21 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 ,,dl .
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TAMIL: NADU GOVERNMENT GAZETTE EXT-ORTJINARY

3. Persons appointed to - carry out the furrutior!~ of certain ~ ~ i m -


ker c~mti;iitt.esro 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;~ointedunder clause ( a ) of sub-section ( 3 ) d
- . ,
seclidn 24 'of the Act ~ n dholding i~fficz .inlrncdia~t:lg b t f ~ ~
-- -1 -1 th
the -- - of
- dav ;
- - - .-----
- - Mav i986 (hcrcnfter in thls szction xferred LO a
-

the said persons) ;hall continue ro hold olfice and cariy


functions of the market iom~litteesior such ,xlmlodr ~ rptriods a
State Go\rernrnent mav svecik'y itnder sub-sechn !
of a .

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~ttGazette shall be deemed to have been donc or taka!
under thu pr'ncigal Act, as amended by th:s .Act.
S. VADIVELU,
Conimissioncr on3 Setrerury io Gorcrnniuq
Law Depnrtnrent.
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. ..--
eu

*@- 1 [ R ~ g f s t ~ r eNo,
d n-I 1
n- QOVERHMEHFOF-TAlliL I ( ~ W
of I986 - /
,.-.. - -,
(Prtt*
pat;, ,
:1e
, ?
\er .
.
@ .& P P + : T . & : ~ ; C . + .1 {wmr... , --,
I

nd
TAMIL NADU - .

is O V E R N M E N . T GAZETTE I
..1
7-
XTRAORDI~ARY PUBLISHED BY AUTHOI,TI
[era i
h t

ra-
rict
~rai NO. 7131 MADIUS. WEDNESDAY, DECEMBER 3, IIU
711 KARTHIGAI 18, ATCHAYA, THIRUVALLUVAR MNDU-sf7
~du
L to
.ici-
.*nil.
120)
,
Part IV-section 3
T d Madu A- and- I

renl,
II 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 :-
ACT NO,66 OF 1986.
An Act further to amend rhe Tamil Nadu AgriczrlruraI Produce
~ f r r k e t sAct, 1959 nnd rhe Tamil Eiadu dgricultr~ralProduce
Markers (Amenclme~~t and Special Previsions) Act, 197.8,
Be it enacted by the Legisislative Assembly of the State of Tamil Nadu
I1 in the Thirty-seventh Year of the Repilblic gf India as follows :-
1. Short title.--This Act may be called the Tamil Nadu Agricul-
1 tural P~oduceMarkets and the Tamil Nadu Agnicultufd Produce
I
Markets (Amendment and Special Provisions) Second Amendment
Act, 1986.
II
- 2. Amendment of secfiopz tj, ITomil Nadu A ~ 23
L 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 t h e words " not exceeding seven years ", the words "not
- ... - exceeding eight years shall be substituted.
" . .
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446. UM1L NADU GQVEKL4MENT tSAZKiTE EX'LILWKUYNABY


! kr -:4 ...' :".' "7
---- * .

3. Amendment of section 5, T Q HMadu


~ 'Lj Y ~ Act 33 of 1978.-In the
~ a m bWIJ.
- 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,
and Secretdry to Government,
C~,v~rtiis.\~ioizer
,

>'

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

. -.
By THE J I ~ E ~ T O OF
B STATIONERY BNQ PRmTIHU
-
~ R I ~ TA E~ ~DPUklLI3-X) ,
Septi
XADRA8, ON BEEALE OF T E E QOVERNMENT OF TAMIL HADn-
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1981

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

lo. 7351 MADR.\S, S b T l J RDAY, DECFMBER 5, 1987


KARTH 19, PRABH A~VA TH IRUVALLUVAR AP NDU-2018
-
IIC-.
.
,
-o~f

IV-Section 2 I * g
T f d ~ * d aA& ,&ndo
r- , s,,@

,,
'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.
$,: Act funher to arnerrd the Tarnii !V~!lu AgliCulturaZ ~ t o d u
&mkets Act, 1959 and the Tamil Nadu Aflicu~tural
34arkets ( A n:end~nentand Special Provisions j Act, 1978.
BE it enacted by the Legislative Assembly of the Stat'e cf Ta
in the Thirty-eighth Year of the Republic of India as ~ O E O
,, *fr
b '.f"i
,
1 . Short iir1e.-nis Act may be ailed tne Tamil N d u Agricul. ,if
,'4
iural Produce Markets and the Tamil Nadu Agricultural Produce * ,. * ?$ ,.
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 -iL.,'4
fa ,

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 I V - 2 Ex,(735j--1 ['307


I , ' - + . *.;3i
>-."vf$

. !@%
3
. .*' 4 .*,& %
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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~~
:-

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

(2) It shall be deemed to ha.ve ccjroe into force on the 3rd day of
Uece~nLer 1990.
amendmeat of
Tamil Nadu
Act 23 Ssp
1959. month " shall be substituted.
Amendment of 3. In the Tamil Nadu Agricultural Produce Markets (Amendment and Tamil Nadu
Tamil Nadu Special Provisions) Act, 1978 (hereinalter referred to as the 1978 Act), in 33 of 19
Act 33 of section 5, in sub-section (2), for the words " twelve years and six months ",
1978. the words " thirteen years " shall be substituted.
Amendment of
Tamil Nadu
Act 8 of 1989.

Repeal and 5. (1) The Tamil Nadu Agricultural I'rodnce MarIrets Laws (Aniendmcnt) Tamil Nadu
saving. 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, a s
:~rnendedby this Act.

(By order of the Governor)


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

.-
~ M T E DAND PUBU-

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