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THE TAMILNADU AGRICULTURAL PRODUCE MARKETING
(REGULATION) ACT, 1987 (XXVII of 1989).
ARRANGEMENT OF SECTIONS.
Contents
1. Short title, extent and commencement 26. Issue of receipt by market committee.
2. Definitions. 27. Determination of fee, etc., not to be
Questioned in prosecution.
3. Notification of intention of regulating
marketing of agricultural produce in
specified area.
28. Levy of subscription for market reports,
etc.
29. Market Committee Fund.
4. Declaration of notified area. 30. Purposes for which Market Committee
Fund may be expended. 5. Establishment of market committee
6. Establishment of markets 31. Power to borrow.
7. Establishment of special and
subsidiary markets.
32. Trade allowance not permissible except
in certain cases.
8. Trading in agricultural produce in
notified area.
33. Special Provision where there is delay in
reconstitution of new market committee,
etc. 9. Alteration of notified area, etc.
10. Constitution of market committee 34. Delivery of possession of records and
Properties of market committee.
11. Publication of names of members of
market committee.
35. Establishment of Tamil Nadu State
Agricultural Marketing Board.
36. Constitution of Board.
12. Chairman and Vice-Chairman of
market committee.
37. Officers and Servants of Board.
38. Powers and functions of Board.
13. Disqualifications for membership of
market committee.
39. Execution of contracts by Board.
40. Power to borrow.
14. Assistant Director of Agriculture to be
ex-officio member.
41. Estimate of income and expenditure of
Board
15. Term of office of members, etc. 42. Annual audit of accounts.
16. Incorporation of market committee. 43. Superintendence and control by
Government 17. Market committee to be a local
authority.
18. Sub-Committee, special committee and
delegation of powers.
44. Market Board Fund.
45. Market Development Fund.
19. General meetings 46. Powers and functions of Director.
20. Proceeding in market committee not to
be invalidated by informalities.
47. Delegation of powers
48. Penalties
21. Nominated person to cease to be a
member in certain cases.
49. Liability of accused to pay fee, or other
amounts
22. Officers and servants of market
committee.
50. Composition of offences.
23. Execution of contracts by market
committee
51. Power of Magistrate to recover
summarily fee or other amount
24. Levy of fee by market committee. 52. Power to make rules.
25. Establishment of check-post or barrier. 53. Power to make regulations and by-laws.
54. Power to write-off irrecoverable
amount, etc.
62. Injunction not to be granted in certain
proceedings, etc.
55. Bar of certain proceedings. 63. Liability of President, Vice- President,
Chairman, Vice-Chairman and member
for loss, waste or misapplication of
property.
56. President, Vice-president, Chairman
and Vice-chairman to be public
servants.
57. Limitation for certain suits and
prosecutions.
64. Exemption
58. Trial of offenses. 65. Power to amend the Schedule.
59. Recovery of sums 66. Power to remove difficulties.
60. Revision 67. Repeal and savings
61. Registration of document executed on
behalf of Board or market committee.
THE SCHEDULE
THE TAMIL NADU AGRICULTURAL PRODUCE MARKETING
(REGULATION) ACT 1987 (XXVII of 1989).
An Act to amend and consolidate the law relating to, and to make better
provisions for, the regulation of buying and selling of agricultural produce and the
establishment and proper administration of markets for agricultural produce in the
State of Tamil Nadu.
WHEREAS it is expedient to provide for the better regulation of buying and
selling of agricultural produce and the establishment and proper administration of
markets for agricultural produce in the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Thirty-Eight Year of the Republic of India as follows:
Received the assent of the President on 17.5.1988.
Published in the Tamil Nadu Government Gazette.
Extraordinary, Part IV, Section 2, pages 93 to 128, on 5.7.1989.
Amending Acts.
Tamil Nadu Act 43 of 1991
Tamil Nadu Act 7 of 1992
Tamil Nadu Act 4 of 1993.
Rules as amended – G.O.Ms.No.40, Agriculture 23.01.1991.
CHAPTER I.
PRELIMINARY.
(1) Short title, extent and commencement. – (1) This Act may be called
THE TAMIL NADU AGRICULTURAL PRODUCE MARKETING
(REGULATION) ACT, 1987.
(2) It extends to the whole of the State of Tamil Nadu.
(3) The provisions of sub-sections (2) and (4) of section 22 and sub-sections
(5) and (7) of section 37 shall come into force at once and the remaining
provisions of this Act shall come into force on such date as the Government may,
by notification, appoint; and different dates may be appointed for different areas
and for different provisions of this Act.
2. Definitions. – In this Act, unless the context otherwise requires.-
(1) “agricultural Produce” means any produce of agriculture, whether
processed or unprocessed, specified in the Schedule;
(2) “agriculture” includes horticulture, fruit growing, seed growing, animal
husbandry (including breeding of livestock), agriculture, pisciculture and
sericulture and “agricultural” shall be constructed accordingly;
(3) “Board” means the Tamil Nadu State Agricultural Marketing Board
established under section 35;
(4) “ broker” means an agent who, in consideration of commission, fee or
remuneration, contrives, makes and concludes a bargain or contracts on behalf of
his principal, for the purchase or sale of any agricultural produce, but does not
receive, deliver, transport or pay for the purchase or collect payment for the sale
of the agricultural produce;
(5) “Chairman” means the Chairman of a market committee;
(6) “Collector” means the Collector of the district in which the notified area
is situated or, if such area is situated in two or more districts, the Collector of one
of those districts designated in the Government in that behalf;
(7) “Commission agent” means a person, who by himself or through his
servants, buys and sells agricultural produce for another person, keeps it to his
custody and controls it during the process of its purchase and sale, and collects
payment therefor from the buyer and pays it to the seller, and receives by way of
remuneration a commission or percentage upon the amount involved in each
transaction;
(8) “Director” means the Director of Agricultural marketing, Tamil Nadu,
and includes any other person or authority authorized by the Government, by
notification to perform any of the functions of Director under this Act for such
area as may be specified in the notification.
(9) “Government” means the State Government
(10) “market” means any market established under sub-section(1) of section
6 and shall, except in sub-sections (1) and (2) of that section, include a subsidiary
market;
(11) “market committee” means any market committee established under
sub-section (1) of section 5;
(12) “notified agricultural produce” means any agricultural produce
specified in the notification under section 3;
(13) “notified area” means any area notified under section 4 as altered by
any notification under sub-section (1) of section 9;
(14) “notified market area” means any area notified under sub-section (2) of
section 6 as altered by any notification under sub-section (1) of section 9;
(15) “person” means an individual or a firm or a company or an association
or a body of individuals, whether incorporated or not, or a local authority.
Explanation. – In this clause “local authority” shall have the same meaning
assigned to it in Clause (20) of section 3 of the Tamil Nadu Public Health Act
1939 (Tamil Nadu Act III of 1939);
(16) “President” means the President of the Board;
(17) “Processing” means any one or more of a series of treatments such as
powdering, crushing, decorticating, husking, par-boiling, polishing, ginning,
pressing, curing, pastuerising or any other manual, mechanical, chemical,
physical or other treatment to which raw agricultural produce or its product are
subjected to, to make it fit for marketing or ultimate consumption;
(18) “producer” means any person who grows, rears, or produces by
himself, or by hired labour, or otherwise, any agricultural produce in an extent of
land not less than half an hectare but does not include a broker or a trader in that
produce, although he may grow, rear or produce, that produce:
Provided that for the purposes of clauses (a) and (c) of sub-section 2 of
Section 10, a person shall not be deemed to be a producer, unless he has grown,
reared, or produced the notified agricultural produce for a period of not less than
three years immediately preceding the date of occurrence of the vacancy against
which he is to be nominated.
If any question arises as to whether any person is a producer or not for the
purposes of this Act, the decision of the Collector shall, subject to the provisions
of section 60, be final. In arriving at a decision the collector shall follow such
procedure as may be prescribed.
Explanation. – For the purpose of this clause “Producer” shall also include
a tenant;
(19) “Registrar” means the Registrar of Co-operative Societies for the State
of Tamil Nadu;
(20) “Schedule” means the Schedule to this Act;
(21) “Secretary” means the Secretary of a market committee and includes a
joint, Deputy or Assistant Secretary;
(22) “Subsidiary” Market means any subsidiary market established under
sub-section (3) of section 7;
(23) “trader” means a person who buys, sells, stocks, processes, treats or in
any way deals with any notified agricultural produce either for himself or as a
partner or as an agent of one or more persons and includes a commission agent
del credere agent or any other mercantile agent but does not include a broker.
3. Notification of intention of regulating marketing of agricultural produce
in specified area.-(1) The Government may, by notification, declare their
intention of regulating the marketing of such agricultural produce and in such
area as may be specified in the notification.
(2) The notification shall state that any objection or suggestion which may
be received by the Government, within such period as may be specified in the
notification, shall be considered by them.
A copy of the notification shall also be published in such other manner as
may be prescribed.
4. Declaration of notified area. _ (1) After the expiry of the period
specified in the notification under section 3 and after considering such objection
and suggestion as may be received before such expiry, the Government may, by
notification, declare the area specified in the notification under section 3 or any
portion thereof to be a notified area for the purposes of this Act in respect of any
agricultural produce specified in the notification under that section.
A copy of the notification shall also be published in such other manner as
may be prescribed.
(2) A notification under section 3 or under sub-section (1) shall have full
force and effect notwithstanding any irregularity or defect in the publication of a
copy of such notification.
CHAPTER II.
MARKET COMMITTEES.
5. Establishment of market committee. – (1) The Government shall
establish a market committee for every notified area. It shall be duty of the market
committee to enforce the provisions of this Act and the rules and by-laws made
under this Act in such notified area.
(2) Where, after the establishment of a market committee under sub-section
(1), any agricultural produce is notified in relation to the notified area for which the
market committee has been established, then, the market committee shall be
deemed to have been established in respect of that agricultural produce also.
6. Establishment of markets. – (1) Every market committee shall establish
in the notified area such number of markets providing such facilities, as the
Government may, from time to time, direct for the purchase and sale of the notified
agricultural produce.
(2) The Government shall, as soon as may be, after the establishment of a
market by a market committee under sub-section (1), declare, by notification, the
area of the market and such area around the market as may be specified in the
notification to be a notified market area for the purposes of this Act in respect of
any notified agricultural produce.
7. Establishment of special and subsidiary markets. –
(1)Notwithstanding anything contained in section, 6 where the Government are
satisfied that on account of the specialised nature of marketing of any agricultural
produce, like fresh fruits, fresh vegetables, or wool, in any area, it is expedient to
ensure the efficient regulations of the marketing of such agricultural produce in
such area, the Government may establish, -
(a) in such area special market for such agricultural produce, and
(b) independent market committee in relation to such special market
notwithstanding that such area falls within the local limits of the jurisdiction of any
other market committee or committees already functioning in that area,
and every such special market and independent market committee shall be
established and constituted in the same manner in which a market and a market
committee is established and constituted under this Act.
(2) Where a special market and independent market committee are
established under sub-section (1), the Government may, by notification, declare
that the provisions of this Act shall with such modifications, restrictions or
limitations as may be specified in the notification, apply in relation to such special
market and independent market committee.
(3) The market committee may, with the previous approval in writing of the
Government, establish, within the notified market area, such number of subsidiary
markets as may be necessary providing such facilities as the Government may,
from time to time, direct for the purchase and sale of the notified agricultural
produce.
(4)(a) The Government may, by notification, declare their intention to
direct the independent market committee, or as the case may be, the market
committee concerned to close such special market or subsidiary market, as may be
specified in the notification. The notification shall State that any objection or
suggestion which may be received by the Government, within such period as may
be specified in the notification, shall be considered by it.
A copy of the notification shall also be published in such other manner as
may be prescribed.
(b) After the expiry of the period specified in the notification under
clause (a) and after considering such objection and suggestion as may be received
before such expiry, the Government may direct the independent market committee,
or as the case may be, the market committee concerned to close the special market
or subsidiary market specified in the notification under clause (a) and such
direction shall be given effect to by the independent market committee, or as the
case may be, the market committee concerned within such period as may be
specified in the direction.
8. Trading in agricultural produce in notified area. –(1) No person -
shall, within a notified area, -
(a) set up, establish or use, or continue or allow to be continued, any
place for the purchase or sale, storage, weighment, measurement or processing of
any notified agricultural produce, or
(b) operate as a broker, weighman, measurer, trader, warehouseman or
in any other capacity in relation to the buying and selling of any notified
agricultural produce,
except under, and in accordance with the conditions of, a licence granted
to him by the market committee:
Provided that the market committee may exempt from the provisions of
this sub-section any person who carries on the business of purchasing or selling,
storing, weighing, measuring or processing any notified agricultural produce in any
quantity not exceeding such quantity as may be prescribed:
Provided further that a producer selling, storing, weighing, measuring or
processing any notified agricultural produce which has been grown reared or
produced by him, or a co-operative marketing society selling, storing, weighing,
measuring or processing any notified agricultural produce which has been grown,
reared or produced by any of its members, shall be exempt from the provisions of
this sub-section, but the Government may withdraw for such period as may be
prescribed, such exemption in respect of any such producer or co-operative
marketing society or all of them.
Explanation:- “Co-operative marketing society” means any co-operative
society registered or deemed to be registered under the Tamil Nadu Co-operative
Societies Act, 1961 (Tamil Nadu Act 53 of 1961) which has, as its principal object,
the promotion of the marketing of the agricultural produce grown, reared or
produced by its members.
(2) Nothing contained in sub-section (I) shall apply to –
(a) a person purchasing any notified agricultural product for his own
domestic consumption in any quantity not exceeding such quantity as may be
prescribed;
(b) a person purchasing any notified agricultural produce for his own
seed purposes in any quantity not exceeding such quantity as may be prescribed;
(c) a warehousing Corporation established or maintained by the State or
Central Government or a warehouseman licensed under the Tamil Nadu
Warehouses Act, 1951 (Tamil Nadu Act XV of 1951) in respect of storage,
weighment or measurement of any notified agricultural produce accepted for
warehousing.
(3) Notwithstanding anything contained in sub-section (1), no person shall,
after the date to be notified by the Government in this behalf in the Tamil Nadu
Government Gazette, purchase or sell any notified agricultural produce in a notified
market area outside the market in that area.
Explanation. – For the purpose of this sub-section, purchase or sale shall,
unless otherwise prescribed, mean the purchase or sale in the first point in the
notified market area.
(4) A licence under sub-section (1) may be refused to a person –
(a) whose licence was cancelled, and a period of three years has not
elapsed since the date of the cancellation; or
(b) who has been convicted of an offence where such offence relates to
his business or his integrity as a man of business: or
(c) in regard to whom the market committee is satisfied, after such
enquiry as it considers adequate, that he is a benamidar for, or a partner with, any
other person to whom a licence may be refused under clause (a) or clause (b)
(5) If a market committee is satisfied, either on a reference made to it in this
behalf, or otherwise, that –
(a) a licence granted under sub-section (1) has been obtained by
misrepresentation or fraud; or
(b) the holder of a licence has contravened, or failed to comply with,
any of the provisions of this Act or the rules or by laws made under this Act or any
of the conditions of the licence, then without prejudice to any other penalty to
which the holder of the licence may be liable under this Act, the market committee
may, subject to such rules as may be made in this behalf, cancel or suspend the
licence, after giving the holder of the licence a reasonable opportunity of showing
cause against such cancellation or suspension.
(6) Any person aggrieved by the decision of the market committee,
(a) refusing to grant, or
(b) cancelling or suspending,
a licence may, within such time as may be prescribed, appeal to the Board
and the Board may make such order in the case as it may think fit.
(7) A licence granted under sub-section (1) shall be valid for a period of –
(a) three years in respect of a person who carries on the business, by
wholesale, of purchasing or selling any notified agricultural produce;
(b) one year in respect of others,
and may be renewed from time to time and the provisions of this Act shall,
so far as may be, apply in relation to the renewal of a licence as they apply in
relation to the grant of a licence.
(8) Every person to whom a licence is granted under sub-section (1) shall
comply with the provisions of this Act, the rules and by-laws made under this Act
and the conditions specified in the licence.
(9) Every person licenced or liable to pay fee or any other amount under
this Act shall keep and maintain a true and correct account and such other records
showing such particulars as may be specified in the by-laws of the market
committee and shall submit such periodical returns relating to his business
transaction including processing as may be prescribed, to the market committee in
such manner and within such period as may be prescribed, together with the fee or
other amount due on the basis of the return.
9. Alteration of notified area, etc,-- (1) The Government may, by
notification, with effect on and from such date as may be specified in the
notification. –
(a) include any area in, or exclude any area from, any notified area or
any notified market area;
(b) divide any notified area into two or more separate notified areas;
(c) amalgamate two or more notified areas into one notified area;
(d) Declare that regulating the marketing of any notified agricultural
produce in any notified market area shall cease or that the marketing or any
agricultural produce hitherto not regulated shall be regulated in any notified market
area:
Provided that the power conferred by this section shall, in relation to any
notified area or agricultural produce, be subject to the provisions of section 3.
(2) When the limits of the notified area for which a market committee is
established are altered under sub-section (1) the following consequences shall, with
effect on and from such date as may be specified in the notification, ensue,
namely :-
(a) the market committee shall stand dissolved and its members shall
vacate their offices as such members;
(b) a new market committee shall be established and constituted for the
new notified area in accordance with the provisions of section 5 and section 10;
(c) the licence, if any, granted by the dissolved market committee shall
be deemed to have been granted by the new market committee having jurisdiction
and continue to have effect accordingly for the remaining of the period for which it
was granted;
(d) there shall be transferred to the new market committee such portion
of the dissolved market committee’s funds and other assets, debts. and obligations
as the Government may, by order, direct and the rights and liabilities of the
dissolved market committee in respect of civil and criminal proceedings, contracts,
agreements and every other matter or thing arising in, or relating to, any part of the
notified area within the jurisdiction of new market committee, shall vest in the new
market committee.
10. Constitution of market committee. – (1) Every market committee
shall consist of sixteen members and shall be constituted in the manner hereinafter
specified.
(2) Every market committee shall consist of –
(a) Eight producers of the notified agricultural produce in the notified
area, nominated by the Government in consultation with the Director, of whom at
least three shall be small farmers and another three shall be marginal farmers:
Provided that where more than one agricultural produce has been notified
in respect of any notified area, such nomination shall, as far as practicable, secure
the interests of the producers of all the notified agricultural produces in that notified
area;
(b) Three persons licensed under sub-section (1) of section 8 in the
notified area in respect of any notified agricultural produce, nominated by the
government in consultation with the Director,
(c) One producer of any notified agricultural produce residing in the
notified area, nominated by the Government in Consultation with the Registrar, and
(d) Three officials nominated by the Government in consultation with
the Director of whom one shall be the officer –in- Charge of the district in the
Government Department of Agriculture, and two shall be the officers in-charge of
the district in any two of the Government departments of animal Husbandry,
Forestry, Fisheries, Horticulture, Sericulture or Oilseeds.
Explanation–For the purposes of clause (a) –
(i) “small farmer” means a person whose principal means of livelihood
is income derived from agricultural land and who holds, whether as owner, tenant
or mortgagee with possession, or partly in one capacity and partly in another, more
than half a hectare of irrigated land or one hectare of un-irrigated land but not more
than one hectare of irrigated land or two hectares of un-irrigated land;
(ii) “marginal farmer” means a person whose principal means of
livelihood is income derived from the agricultural land and who holds, whether as
owner, tenant or mortgagee with possession, or partly in one capacity and partly in
another, not more than half a hectare of irrigated land or one hectare of un-irrigated
land,
and where any person holds both irrigated and un-irrigated land, one
hectare of irrigated land shall be deemed to be equal to two hectares of un-irrigated
land.
(3) The Government may, at any time withdraw any member or members
nominated by them under sub-section (2) and fill up the vacancy or vacancies by
fresh nomination.
11. Publication of names of members of Market Committee. – The
names of the members of the market committee nominated under Sec.10 shall be
notified by the Government in the Tamil Nadu Government Gazette.
12. Chairman and Vice-Chairman of Market Committee – Every
market committee shall elect in such manner as may be prescribed.
(a) One of its members who is nominated under clause (a) or clause (c)
of sub-section (1) of section 10 to be its Chairman, and
(b) Another member to be its Vice-Chairman.
13. Disqualifications for membership of market committee –A person
shall be disqualified for being, nominated as, and for being a member of a market
committee –
(a) if he is a minor or of unsound mind;
(b) if he is an applicant to be adjudicated as insolvent or is an un-
discharged insolvent;.
(c) if he has been sentenced for any offence involving moral turpitude,
punishable under any law with imprisonment for one year and upwards, such
sentence not having been annulled and a period of five years has not elapsed from
the date of expiration of the sentence;
(d) if, and for so long as, there subsists a contract entered into by him in
the course of his trade or business with that market committee for the supply of
goods, to or for the execution of any works undertaken by, that market committee.
Explanation – For the purposes of this clause, where a contract has
been fully performed by the person by whom it has been entered into with the
market committee, the contract shall be deemed not to subsist by reason only of the
fact that the market committee has not performed its part of the contract either
wholly or in part;
(e) if he is in default for a period exceeding fifteen days by failing to
pay any fee or any other amount due to the market committee, from the date on
which a demand or notice has been served on him in that regard;
(f) if he is employed as legal practitioner on behalf of the market
committee or against it; or
(g) if he is a paid officer or servant of any market committee.
14. Assistant Director of Agriculture to be ex-officio member, -The
Assistant Director of Agriculture in-charge of marketing having jurisdiction over
the notified area shall be the ex-officio member of the market committee
established for such area, or where there are two or more Assistant Directors of
Agriculture in-charge of marketing having jurisdiction over different portions of a
notified area, one of such Assistant Directors as the Government may specify in
this behalf.
15. Term of office of members, etc. – (1) The term of office of the
members of a market committee, other than the ex-officio member or the members
nominated under clause (d) of sub-section (2) of section 10, shall be three years
from the date of publication in the Tamil Nadu Government Gazette of the
notification under section 11 and such members shall be eligible for nomination for
not more than another term of three years
Provided that, for the purposes of this sub-section, a person who has held
office in a casual vacancy for a period of not less than one year shall be deemed to
have held office for one full term of three years;
Provided further that, a member notwithstanding the expiry of his term of
office, shall continue to hold office and function as a member of the market
committee until the nomination of his successor, or for a period of three months,
whichever is earlier;
Provided also that the Government may, by notification, on or before the
expiry of the term of office of the members of a market committee, for sufficient
cause, direct that the term of office of such members of the market committee as a
whole be extended by such period not exceeding six months at any one time, but
not exceeding one year in the aggregate.
(2) (a) A member of every market committee, other than the ex-officio
member or the members nominated under clause (d) of sub-section (2) of section
10, shall cease to hold his office if he absents himself from three consecutive
meetings of the market committee, including meetings which, for want of quorum
could not be held.
(b) For the purposes of clause (a), no meeting of the market committee
from which a member absents himself shall be counted against him if due notice of
that meeting was not given to him.
(3) Where a person ceases to be a member under sub-section (2), the
Chairman shall at once intimate the fact in writing to such person and report the
same to the market committee at its next meeting. The market committee may
suo - motu at that meeting, and shall on an application made by such person within
fifteen days of the receipt by him of such intimation, at its next meeting after the
receipt of such application, restore him to his office as member.
Provided that a member shall not be so restored more than twice during his
term of office.
(4) Every casual vacancy in the office of any member of the market
committee shall ordinarily be filled up not later than three months from the date of
occurrence of the vacancy by a fresh nomination in the manner prescribed;
Provided that no casual vacancy shall be filled up within four months
before the expiry of the term of office of the member in whose office the casual
vacancy has occurred
(5) The member nominated to fill up a casual vacancy under sub-section (4)
shall hold office only so long as the member in whose place he is nominated would
have been entitled to hold office if the vacancy did not occur.
Explanation – For the purpose of the section, “casual vacancy” means a
vacancy occurring otherwise than by efflux of time.
(6) If at any time it appears to the Government that any person nominated
by them has shown himself to be unsuitable for his office, or has been guilty of any
misconduct or neglect which renders his removal expedient, the Government may,
by notification, remove such person from his office.
16. Incorporation of market committee – Every market committee shall
be a body corporate by such name as the Government may specify, shall have
perpetual succession and a common seal, may sue and be sued in its corporate
name, and shall subject to such restrictions as are imposed by or under this Act, be
competent to acquire and hold property, both movable and immovable, sell, lease
or otherwise transfer any movable or immovable property, which may have become
vested in or been acquired by it and to contract and to do all other things necessary
for the purpose for which it is established;
Provided that no immovable property shall be transferred by way of sale,
lease or otherwise without the prior permission of the Government.
17. Market committee to be a local authority – Every market committee
shall be deemed to be a local authority for the purposes of the Land Acquisition
Act, 1894 (Central Act I of 1894) and the Local Authorities Loans Act, 1914
(Central Act IX of 1914.)
18. Sub-Committee, special committee and delegation of powers –The
market committee may appoint one or more of its members to be a sub-committee
or to be a special committee for the conduct of any work, or to report on any
matter, pertaining to its duties or functions under this Act and the rules and by-laws
made under this Act and may delegate to any one or more of its members such of
its own powers or duties as it may think fit.
19. General meetings – (1) The market committee may, at any time, call a
general meeting of the producers of the notified agricultural produce in the notified
area and of persons licensed under sub-section (1) of section 8, and shall call such a
meeting within one month after receipt of a requisition in writing from the Director
or from such number of producers and of persons licensed under sub-section (1) of
section 8 or portion of the total number of producers and of persons so licensed as
may be specified in the by-laws of the market committee.
(2) If no general meeting is called in accordance with such requisition, the
Director shall have power to call a general meeting himself.
20. Proceedings of market committee not to be invalidated by
informalities –A market committee shall have power to act, notwithstanding any
vacancy in the membership, or any defect in the constitution thereof, and the
proceedings of a market committee shall be valid notwithstanding that some
person, who was not entitled to be a member, had sat, voted or otherwise taken part
in the proceedings of any such committee
21. Nominated person to cease to be a member in certain cases – Any
person nominated under clause (a), (b) or (c) of sub-section (2) of section 10 in his
capacity as a member of a particular body or the holder of a licence under sub-
section (1) of section 8 shall, if he ceases to be a member of that body or the holder
of that licence, as the case may be, for a period of more than three months cease to
be a member of the market committee.
22.Officers and servants of market committee – (1) Subject to the
provisions of sub-section (2), (3) and (4) and the rules made in this behalf, the
market committee may appoint a secretary and other paid officers and servants as
are necessary for the efficient performance of its functions. The secretary and other
paid officers and servants of the market committee shall be whole-time
Government servants.
(2) Notwithstanding anything contained in any law for the time being in
force, on and from the 17th November, 1981, the Secretary and other paid officers
and servants of every market committee established under the Tamil Nadu
Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959) shall
become whole-time Government servants.
(3)The salaries, allowances, pensions and other remuneration of the
Secretary and other paid officers and servants of the market committee shall be
paid in the first instance from the Consolidated Fund of the State and the market
committee shall, out of the Market Committee Fund, repay to the Government the
amounts paid by the Government under this sub-section.
(4) Notwithstanding anything contained in this Act and subject to the
provisions of Article 311 of the Constitution, the Government may make rules
regulating the conditions of service of the Secretary and other paid officers and
servants of the market committee.
(5) Any rule under sub-section (4) may be made so as to have retrospective
effect on and from a date not earlier than the 17th November 1981.
23. Execution of contracts by market committee – (1) Every contract
entered into by the market committee shall be in writing and shall be signed on
behalf of the market committee by the Chairman, the secretary and one other
member of the market committee or where a Special Officer has been appointed
under sub-section (1) of section 33 in respect of a market committee such Special
Officer and the Secretary.
(2) No contract other than a contract executed as provided in sub-section
(1) shall be binding on the market committee.
24. Levy of fee by market committee – (1) the market committee shall
levy a fee on any notified agricultural produce bought or sold in the notified market
area at a rate not less than one rupee but does not exceeding two rupees for every
hundred rupees of the aggregate amount for which the notified agricultural produce
is bought or sold whether for cash or for deferred payment or other valuable
consideration.
Provided that, when any agricultural produce bought into any notified
market area for the purpose of processing only, or for export is not processed or
exported there from within thirty days from the date of its arrival therein, it shall,
until the contrary is proved, be presumed to have been brought into such notified
market area for buying and selling, and shall be subject to the levy of fee under this
section on the value of the agricultural produce, as if it had been bought and sold
therein.
Explanation I– For the purpose of this sub-section, all notified agricultural
produces taken out or proposed to be taken out of a notified market area, shall,
unless the contrary is proved, be presumed to be bought or sold within such area.
Explanation II– In the determination of the amount of the fee payable
under this Act, any fraction of ten paise less than five paise shall be disregarded
and any fraction of ten paise equal to or exceeding five paise shall be regarded as
ten paise.
(2) The fee referred to in sub-section (1) shall be paid by the purchaser of
the notified agricultural produce concerned;
Provided that where the purchaser of a notified agricultural produce cannot
be identified the fee shall be paid by the seller.
(3) If any notified agricultural produce liable to payment of fee under sub-
section (1) is found to have been processed without payment of fee payable in
respect of that produce, the fee shall be levied and recovered on the equivalent
quantity of the notified agricultural produce notwithstanding such process.
(4) (a) The fee payable under sub-section (1) shall be determined and
collected in such manner as may be prescribed.
(b) the burden of proving that any notified agricultural produce is not
liable for the levy of the fee or the fee payable has already been paid under this
section shall lie on the person claiming such exemption or non-liability and till it is
established with sufficient records to the satisfaction of the market committee that
the notified agricultural produce has already suffered the liability, the fee due on
such produce shall be paid.
(5) Any notified agricultural produce taken or proposed to be taken out of a
notified market area exceeding such quantity as may be prescribed shall be
accompanied by a permit issued by the secretary of the market committee subject to
the by-laws made in this behalf by the market committee.
25. Establishment of check-post or barrier –(1) If the Government
consider that with a view to prevent or check the evasion of payment of fee or other
amount due to the market committee under the provisions of this act, it is necessary
so to do, they may by notification, direct the setting up of check-post or the erection
of barrier or both, by the market committee at such place or places as may be
specified in the notification.
(2) At every check-post or barrier mentioned in sub-section (1) or at any
other place when so required by any officer or servant of the market committee
empowered by the Government in this behalf, the driver or any other person in
charge of any animal, vessel, cart or other vehicle, shall stop the animal, vessel, cart
or other vehicle, as the case may be, and keep it stationary so long as may
reasonably be necessary and allow such officer or servant empowered as aforesaid
to examine the goods carried by such animal, vessel, cart or other vehicle and
inspect all records in the possession of such driver or other person in charge of such
animal, vessel, cart or other vehicle.
(3) If, on such examination and inspection, under sub-section (2), it appears
– (a) that the fee or other amount payable in respect of the notified
agricultural produce has been paid or the provisions of this Act and the rules made
under this Act or the notification or order or licence issued under this Act are
complied with, the said officer or servant shall release the animal, vessel, cart or
other vehicle with the notified agricultural produce; or
(b) that the fee or other amount payable under the provisions of this Act
in respect of the notified agricultural produce has not been paid or any of the
provisions of this Act or the rules made under this Act or any of the terms of any
notification or order or licence issued under this Act has not been complied with in
respect of the notified agricultural produce carried, the said officer or servant, after
making such enquiry as he deems fit and satisfying himself as to such non –
payment or non-compliance, as the case may be, shall seize such notified
agricultural produce.
(4) Any seizure made under sub-section (3) shall forthwith be reported by
the officer or servant aforesaid to the Magistrate having jurisdiction to try an
offence under this Act and the provisions of section 457, 458 and 459 of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, so far as may be , apply
in relation to the notified agricultural produce seized under sub-section (3) as they
apply in relation to property seized by the police officer.
26. Issue of receipt by market committee – (1) Every market committee
shall, in respect of the notified agricultural produce deposited with it, issue a receipt
which shall contain full particulars of the notified agricultural produce so deposited
and shall be in such form as may be prescribed.
(2) The receipt issued by a market committee under sub-section (1) shall,
unless it is otherwise specified thereon, be transferable by endorsement and shall
entitle the lawful holder thereof to receive the notified agricultural produce
specified in it on the same terms and conditions as the original depositor.
27. Determination of fee, etc, not to be questioned in prosecution. – (1)
the order determining the fee or other amount payable under this Act shall be
conclusive evidence in any prosecution or other proceedings.
(2) the validity of the levy or collection of any fee or other amount made
under this Act or the liability of any person to any fee or other amount so assessed
or levied shall not be questioned in any criminal court in any prosecution or other
proceeding whether under this Act or otherwise.
28. Levy of subscription for market reports, etc. - The market committee
may, subject to such rules as may be made under this Act, levy a subscription for
collecting and disseminating among the subscribers, information as to any matter
relating to statistics or marketing in respect of the notified agricultural produce.
29. Market Committee Fund – (1) All moneys received by a market
committee shall be paid into a fund to be called the “Market Committee Fund”. All
expenditure incurred by the market committee under, or for the purposes of this Act
shall be defrayed out of the said fund; and any surplus remaining after such
expenditure has been met shall be invested in such manner as may be prescribed.
(2) (a) Every market committee shall, in addition to the amounts payable
under sub-section (3) of Section 22, out of the Market Committee Fund, pay to the
Government the cost of any special or additional staff employed by the
Government in consultation with the market committee for giving effect to the
provisions of this Act in the notified area.
(b) the Government shall determine the cost of special or additional staff
and shall, where the staff is employed for the purpose of more than one market
committee, apportion such cost among the market committees concerned in such
manner as they think fit. The decision of the Government determining the amount
payable by any market committee shall be final.
30. Purposes for which Market Committee Fund may be expended –
Subject to the provisions of section 29, the amount standing to the credit of the
Market Committee Fund may be expended for all or any of the following purposes
namely:
(a) Acquisition or requisitioning of any site or building or purchase of other
assets for the market committee for carrying out the purposes for which it is
established;
(b) establishment maintenance and improvement of the markets and
providing such facilities in the market as the Government may direct under sub-
section (1) of Section 6;
(c) construction and repair of building which are necessary for the purposes
of such markets and for the health, convenience and safety of the persons using it;
(d) provision and maintenance of standard weights and measures;
(e) payment of amounts to the Government under sub-section (3) of Section
22;
(f) payment of amount under sub-section (6) of Section 33;
(g) payment of interest on loans that may be raised by the market
committee for carrying out the purposes for which it is established and the
provision of a sinking fund in respect of such loans;
(h) collection and dissemination of information regarding all matters
relating to statistics and marketing in respect of the notified agricultural produce;
(i) schemes for the extension of cultivation or cultural improvement of the
notified agricultural produce within the notified area, including the grant, subject to
the approval of the Government, of financial aid, to schemes for such extension or
improvement within such area, undertaken by other bodies or individuals;
(j) schemes for drying, cleaning, standardizing, sampling and grading of the
notified agricultural produce in order to make it fit for marketing;
(k) payments towards publicity and propaganda for the promotion of the
activities of the market committee;
(l) contribution to the Market Board Fund;
(m) payment of insurance premium on the insurance policy of stocks held
or handled in godowns and transaction sheds in markets against fire, theft, food and
the like and of vehicles used by the market committee; or
(n) such others purpose as may be authorized by the Government in this
behalf by general or special order.
31. Power to borrow. – (1) Every market committee may, with the
previous sanction of the Government, raise moneys required for carrying out the
purposes for which it is established on the security of any property vested in, or
belonging to, the market committee and of any fee or other amount leviable by the
market committee, by or under this Act.
(2) The market committee may, for the purpose of meeting the expenditure
on lands, buildings and equipment, required for establishing the market, obtain a
loan from the Government or the Board.
32. Trade allowance not permissible in certain cases –No trade
allowance, other than an allowance by way of deduction 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 a known standard, or difference between
the actual weight of the packing and the standard weight, or of the admixture of
foreign matter or such other allowance as may be prescribed, shall be made or
received in a notified area by any person in any transaction in any respect of any
notified agriculture produce and no Civil Court shall, in any suit or proceeding
arising out of any such transaction, have regard to any other trade allowance.
33. Special provision where there is delay in reconstitution of new
market committee, etc. – (1) Where –
(a) the term of office of the members of any market committee has expired
and anew market committee cannot be constituted in accordance with the
provisions of the Act, the rules and the by-laws, or
(b) the new market committee constituted fails to enter, or is prevented
from entering upon, office, or
(c) the members of the existing market committee have tendered
registration enbloc or
(d) vacancies have arisen for any reason, or one or more members of the
market committee have tendered resignation and the number of remaining members
cannot form the quorum for the meeting of the market committee,
the Government may, on their own motion or on application of any producer of any
notified agricultural produce or on application of any producer of any notified
agricultural produce in the notified area or of any person licensed by the market
committee under sub-section (1) of Section 8; and in the case of a new market
committee which has failed to enter or prevented from entering upon, office after
giving the members of the said market committee an opportunity of making their
representations, by order, appoint a Special Officer for a specified period not
exceeding one year to manage the affairs of the market committee, pending the
constitution of a new market committee or as the case may be, the entering upon
office by the new market committee.
Provided that the period specified in such order may, for special reasons to
be recorded in writing by the Government, be extended from time to time but such
order shall not remain in force for more than “three” years in the aggregate.
(2) A Special Officer may be appointed under sub-section (1) for one or
more market committees as the Government, may, by order, specify.
(3) Upon the issue of an order under sub-section (1) appointing a Special
Officer, the following consequences shall ensure:
(a) all the members including the Chairman and Vice-Chairman of the
market committee constituted under this Act shall as from the date of such order be
deemed to have vacated their offices; and
(b) all the assets vested in the market committee shall, subject to all
liabilities vest in the Government.
(4) The Government may, by order, transfer, to the Special Officer
appointed under sub-section (1), the assets and liabilities of the market committee
as on the date of such transfer.
(5) Where a Special Officer is appointed under sub-section (1), 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 agricultural
produce in the notified area;
(b) three persons licensed under sub-section (1) of section 8 in the
notified area;
(c) the Assistant Director of Agriculture in-charge of marketing having
jurisdiction over the notified area referred to in section 14;
(d) two other officers of the Government.
(6) The Government may fix the remuneration payable to the Special
Officer appointed under sub-section (1) and the amount of remuneration so fixed
and such other expenditure incidental to the management of the market committee,
during the period of appointment of the Special Officer as may approved by the
Government, shall be payable from the Market Committee Fund.
(7) At any time before the expiry of the period referred to in sub-section (1)
the Government may –
(i) in a case where the special Officer was appointed on the ground that
the new market committee failed to enter, or prevented from entering, upon offices
if such new market committee has since become capable of entering upon office,
enable such market committee to enter upon office, and
(ii) in other cases, constitute a new market committee in accordance
with section 10, and transfer thereto all the assets and liabilities of the market
committee as on the date of such transfer.
34. Delivery of possession of records and properties of market
committee - (1) Where a Special Officer is appointed under section 33 and such
Special Officer is resisted in, or prevented from obtaining possession of the books,
accounts, documents, securities, cash and other properties, whether movable or
immovable, of the market committee (hereafter in this section referred to as the
records and properties of the market committee), by any person who is not entitled
to be in possession of the records and properties of the market committee, any
Metropolitan Magistrate or any Judicial Magistrate of the first class in whose
jurisdiction the office of the market committee or the records and properties of that
market committee is situate or are kept shall, on application by the Special Officer
and on the production of the order of appointment, and of a certificate by the
Director in the prescribed form setting forth that the records and properties
mentioned therein belong to the market committee, direct delivery to the Special
Officer, of the possession of the records and properties of the market committee.
(2) Every application under sub-section (1) shall be accompanied by a copy
of the order made under section 33.
(3) On receipt of an application under sub-section (1), the Metropolitan
Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by
a warrant, authorize any police officer not below the rank of a Sub-Inspector of
Police to enter and search any place where the records and properties of the market
committee are kept or believed to be kept and to seize such records and properties;
and the records and properties so seized shall be handed over to the Special Officer.
(4) All searches and seizures made under this Section shall be carried out in
accordance with the provisions of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974), relating to search or seizure made under the authority of a warrant
issued by a magistrate.
CHAPTER III
MARKETING BOARD
35. Establishment of Tamil Nadu State Agricultural Marketing Board -
(1) The Government shall establish a Board called the Tamil Nadu State
Agricultural Marketing Board having jurisdiction over the entire state of Tamil
Nadu for exercising the powers conferred on, performing the functions assigned to,
and discharging the duties imposed on it, by or under this Act.
(2) (a) The Board shall be a body corporate by the name aforesaid, shall
have perpetual succession and a common seal, may sue and be sued in its corporate
name, and shall, subject to such restrictions, as are imposed by or under this Act, be
competent to acquire and hold property both movable and immovable, to sell or
otherwise transfer any movable or immovable property which may have become
vested in. or been acquired by it and to contract and to do all other things necessary
for the purposes for which it is established.
Provided that no immovable property shall be transferred by way of sale,
lease or otherwise without the prior permission of the Government.
(b) The Board shall be deemed to be a local authority for the purpose of
the Land Acquisition Act, 1894 (Central Act I of 1894) and the Local Authorities
Loans Act, 1914 (Central Act IX of 1914)
36. Constitution of Board. - (1) (a) The Board shall consist of a President
appointed by the Government and of the following members, namely:
(i) Chairman of every market committee;
(ii) Director;
(iii) Registrar;
(iv) Managing Director, State Ware Housing Corporation, Madras;
(v) Agricultural Marketing Advisor, Government of India;
(vi) President of the Tamil Nadu Co-operative Marketing Federation;
(vii) An officer of the Agriculture Department in the Secretariat not below
the rank of a Deputy Secretary to Government dealing with the subject agricultural
marketing.
(b) The Board may associate with itself, in such manner, subject to such
conditions and for such purpose as may be prescribed, a nominee of the Cotton
Corporation of India and such other person whose assistance or advice it may
desire in complying with any of the provisions of this Act and every person so
associated shall be entitled to receive such allowances or fees as may be fixed by
the Government and shall have right to take part in the proceedings of the Board
relevant to the purpose for which he has been associated, but shall not have the
right to vote.
(c) There shall be a Vice-President who shall be elected by the members
from among themselves in accordance with such procedure as may be prescribed.
(d) If for any reason, the officer referred to in item (ii), (iii) (iv) (v) or
(vi) of clause (a), is unable to attend any meeting of the Board he may depute any
officer subordinate to him to attend such meeting. The officer so deputed shall have
the right to take part in the proceedings of the board, but shall not have the right to
vote;
Provided that where a person ceases to be the Chairman of a market
committee, he shall cease to be a member of the Board on and from the date on
which he ceases to be such Chairman;
Provided further that in respect of any market committee the Chairman
of which is a member of the Board, a Special Officer is appointed under Section 33,
such Chairman of the market committee shall cease to be a member of the Board
and the Special Officer so appointed shall be a member of the Board in the place of
such Chairman.
(2) The term of office of the President shall be three years from the date of
first meeting of the Board.
(3) (a) The Board shall meet as often as may be necessary at such time and
place, and observe such rules of procedure as may be laid down for this purpose by
the Board with the approval of the Government. But three months shall not
intervene between its last meeting and the next meeting.
(b) The President or in his absence the Vice-President or in the absence
of both the President and the Vice-President, the member chosen by the members
present from among themselves shall preside at a meeting of the Board.
(4) The non-official members of the Board shall be entitled to receive such
allowances or fees for attending the meetings of the Board as may be fixed by the
Government.
(5) The Board may appoint one or more of its members to be a sub-
committee or to be a special committee for the conduct of any work, or to report on
any matter pertaining to its duties or functions under this Act and the rules and
regulations made under this Act and may subject to the provisions of sub-section
(3) of section 47 delegate to such committee to such of its powers or duties as it
may think fit.
37. Officers and servants of Board – (1) Subject to the rules made in this
behalf, the Government shall appoint a Chief Executive Officer to the Board.
(2) Subject to the provisions of sub-section (1) and the rules made in
this behalf, the Board may appoint the order paid officers and servants as are
necessary for the efficient performance of its functions.
(3) The Chief Executive Officer and other paid officers and servants of
the Board shall be whole- time Government Servants.
(4) Subject to the superintendence of the Board, the general control and
direction over all the officers and staff of the Board shall be vested with the Chief
Executive Officer.
(5) Notwithstanding anything contained in any other law for the time
being in force, on and from the 17th November, 1981, the paid officers and servants
in the employment of the Board shall become whole-time Government servants.
(6) The salaries, allowances, pensions and other remuneration of the
Chief Executive Officer and other paid officers and servants of the Board shall be
paid in the first instance from the Consolidated Fund of the State. The Board shall,
out of the Market Board Fund, repay to the Government the amounts paid by the
Government under sub-section (5).
(7) Notwithstanding anything contained in this Act and subject to the
provisions of Article 311 of the Constitution, the Government may make rules
regulating the conditions of service of the officers and the servants of the Board.
(8) Any rule under sub-section (7) may be made so as to have
retrospective effect on and from a date not earlier than the 17th November, 1981.
38. Powers and functions of the Board. – The powers and functions of the
Board shall be
(i) the co-ordination of the working of the market committees and other
affairs thereof including programmes undertaken by the market committee for the
development of markets and market areas;
(ii) to undertake the State level planning of the development of
agricultural produce and markets;
(iii) to administer the Market Board Fund and the Market Development
fund;
(iv) to the giving of direction to market committees in general or any
market committee in particular with a view to ensure improvement thereof;
(v) to supervise and guide the market committees in the preparation of
plans and estimates of construction programme undertaken by the market
committee.
(vi) to execute all works chargeable to the Market Board Fund;
(vii) to maintain accounts in such forms as may be prescribed;
(viii) to publish annually at the close of the year, its progress report,
balance sheet and statement of assets and liabilities and send copies thereof to each
member of the Board and the Government;
(ix) to make necessary arrangements for propaganda and publicity on
matters related to regulated marketing of an agricultural produce.
(x) to provide facilities for the training of officers and staff of the
market committees, Board, Department of Agricultural Marketing, producers and
traders in the State;
(xi) to prepare and adopt budget for the ensuring year;
(xii) to grant subventions or loan to market committees for the purposes
of this Act on such terms and conditions as the Board may determine;
(xiii) to arrange or organize seminars, workshops, exhibitions, etc., on
subjects related to agricultural marketing;
(xiv) to impart education in regulated marketing of agricultural produce;
(xv) to promote schemes for processing, grading and standardisation of
agricultural produce;
(xvi) the collection and dissemination of market information;
(xvii) the publication of market statistics and studies;
(xviii) the levy of subscription for collection and dissemination of
information relating to agricultural marketing;
(xix) to conduct market research and market surveys;
(xx) to do such other things as may be of general interest to market
committees or considered necessary for the efficient functioning of the Board;
(xxi) any other function specifically entrusted to it by this Act; and
(xxii) such other functions of like nature as may be entrusted to the
Board by the Government.
39. Execution of contracts by Board. –
(1) The Board may enter into and perform all such contracts as it may
consider necessary or expedient for carrying out all or any of the functions for
which it is established.
(2) Every contract entered into by the Board shall be in writing and shall
be executed on behalf of the Board by the President and the Chief Executive
Officer.
(3) No contract other than a contract executed as provided in sub-section
(2) shall be binding on the Board.
40. Power to borrow. –
(1) The Board may, for the purposes of carrying out all or any of its
functions for which it is established, obtain a loan from the Government subject to
such conditions, as the Government may specify.
(2) The Board may, with the previous approval of the Government, raise
moneys required for carrying out the functions for which it is established on the
security of any property vested in, or belonging to, the Board and of any moneys
received by the Board by or under this Act or on the guarantee given by the
Government and in particular, may, from time to time,-
(a) borrow money from the public or from any bank or from any
corporation owned or controlled by the Central or State Government; or
(b) enter into financial arrangements with any bank or other financial
institution or with the Life Insurance Corporation of India established under section
3 of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956).
41. Estimates of income and expenditure of Board. –
Subject to such rules as may be made in this behalf, an estimate of the
annual income and expenditure of the Board for the ensuring financial year shall be
prepared and passed by the Board and submitted to the Government for their
approval.
42. Annual audit of accounts. –
(1) The accounts of the Board shall be examined and audited once at least
in every financial year by Examiner of Local Fund Accounts.
(2) The accounts of the Board as certified by the Examiner of Local Fund
Accounts together with the audit report along with the remarks of the Board
thereon shall be forwarded to the Government within such time as may be
prescribed.
(3) The Government may, by order in writing, direct the Board to take such
action as may be specified in the order to remedy within such time as may be
specified therein, the defects, if any, disclosed as a result of the audit, and the
Board shall comply with such directions.
43. Superintendence and control by Government. – The Government
shall exercise superintendence and control over the Board and its officers and may
call for such information as they may deem necessary and, in the event of their
being satisfied that the Board is not functioning properly, they may supersede the
Board and till such time as a new Board is constituted, make such arrangements for
the exercise of the functions of the Board as they may think fit;
Provided that the Board shall be constituted within six months from the
date of its supersession.
44. Market Board Fund. –
(1) All moneys received by the Board shall be paid into a fund to be called
“Market Board Fund”. All expenditure incurred by the Board under or for the
purposes of this Act, shall be defrayed from out of such Fund and any surplus
remaining after such expenditure has been met, shall be invested in such manner as
may be prescribed.
(2) Every market committee shall pay to the Board as contribution such
percentage of its receipts derived from licence fee and fee levied under sub-section
(1) of section 24 in such manner, as may be prescribed.
(3) The Board shall, in addition to the amounts payable under sub-section
(6) of section 37, out of the Market Board Fund, pay to the Government the cost of
any special or additional staff employed by the Government inconsultation with the
Board for giving effect to the provisions of this Act and the rules made under this
Act,
(4) The Market Board Fund shall be expended for the following other
purposes, namely:-
(a) administrative expenditure of the Board.
(b) payment of travelling and other allowances to the President, Vice-
President and members of the Board as may be prescribed;
(c) loans and advances to the officers and servants in the employment of
the Board;
(d) payment towards insurance premium.
(e) payment of amounts to the Government under sub-section (6) of
Section 37;
(f) provision of sinking fund and reserve fund;
(g) contributions and transfer of funds towards the Market Development
Fund; and
(h) such other purposes as the Government may, by general or special
order, specify in this behalf.
45. Market Development Fund. –
(1) There shall be formed a separate fund to be called the “Market Dev
elopement Fund”
(2) The Board shall contribute to the Market Development Fund such
percentage of its annual receipts as may be prescribed.(50% Rule:85)
(3) The Board shall transfer the entire money borrowed or any other
amount obtained under sub-section (2) of section 40 to the Market Development
Fund.
(4) The Board may accept towards the Market Development Fund any
grant, subsidy, donation or gift from the Central or State Government of a local
authority or any individual or body, whether incorporated or not, for all or any of
the purposes for which the said Fund shall be expended.
(5) All moneys received and forming part of the Market Development Fund
shall be credited into the said fund. All expenditure for carrying out all or any of
the purposes specified in sub-section (7) shall be defrayed from out of the said
Fund and any surplus remaining after such expenditure has been met, shall be
invested in such manner as may be prescribed.
(6) The Market Development Fund shall be operated upon by such officer
of the Board as may be authorized by it in this behalf.
(7) The Market Development Fund shall be expended for all or any of the
following purpose, namely:-
(a) acquisition of site or sites for the Board.
(b) construction of and repairs to, buildings necessary for the purposes
of the Board;
(c) payment towards propaganda, demonstration and publicity for
promotion of regulated markets for agricultural produce;
(d) market research, special studies, preparation of project reports
relating to agricultural marketing;
(e) collection and dissemination of information regarding matters
relating to crop statistics and marketing in respect of notified agricultural produce;
(f) schemes for processing, grading and standardization of agricultural
produce;
(g) giving aid to market committees in the shape of loan, grant or
subsidy;
(h) payment of interest on loans or borrowings that may be raised;
(i) payment of legal expenses incurred by the Board.
(j) training of the paid officers and servants of the Market committees
and Board;
(k) imparting education in marketing of agricultural produce;
(l) organising or arranging workshops, seminars, exhibitions, etc., on
development of marketing;
(m) construction of infrastructural facilities in the notified market area;
(n) general improvement of regulation of marketing in the State;
(o) providing technical assistance to the market committees; and
(p) for any other purposes deemed necessary for execution of the
functions assigned to the Board under this Act or as directed by the Government.
CHAPTER IV.
MISCELLANEOUS
46. Powers and functions of Director:-
Subject to the other provisions of this Act, the powers and functions of the
Director shall be –
(1) to take action for timely and proper conduct of the election of the
Chairmen and Vice-Chairmen of the Market committees and Vice-President of the
Board;
(2) to inspect or cause to be inspected the offices of the market committees
and the Board;
(3) to scrutinise the budget of market committees and to forward the same
to the Government with his recommendations;
(4) to grade and standardize all the notified agricultural produces; and
(5) to supervise market committees for the effective implementation of the
provisions of this Act and the rules made under this Act.
47. Delegation of powers. –
(1) (a) The Government may, by notification, delegate to the Director or to
any other officer the powers vested in them under section 33, in respect of any
market committee.
(b) The exercise of any power delegated under clause (a) shall be
subject to such restrictions and conditions as may be specified in the notification
and subject to control and revision by the Government.
(2) Save as otherwise provided in sub-section (1), the Government may, by
notification, delegate to the Board or its President.
(a) any of the powers vested in them by or under this Act except the
powers conferred under sections 52,65 and 66, or
(b) any of the powers conferred on the Director or any other authority
by or under this Act.
(3) The Board may, with the approval of the Government, delegate any of
its powers to its President, the Chief Executive Officer or any of its officers.
Provided that the Board shall not delegate any of the powers delegated to it
by the Government under sub-Section (2).
(4) The President may with the approval of the Government, delegate any
of the powers conferred on him by or under this Act to any officer of the Board;
Provided that the President shall not delegate any of the powers delegated
to him by the Government and the Board under sub-sections (2) and (3).
48. Penalties – (1) Any person who –
(a) evades the payment of any fee or any other amount due from him by
or under this Act, or
(b) being a licence under this Act, fails either to submit the reports and
returns to the market committee as specified in its by-laws or to produce accounts,
records, etc… when demanded by any officer or servant of the market committee
duly empowered, or
(c) (i) when required by or under this Act to make any statement or
furnish any information, makes any statement or furnishes any information which
he knows or has reasonable cause to believe to be false, or not true, in any material
particular, or
(ii) makes any such statement as aforesaid in any account,
declaration, estimate, return or other document which he is required by or under
this Act to furnish, or
(d) prevents or obstructs inspection of vehicle, boat or other conveyance
carrying or believed to be carrying notified agricultural produce, or verification,
search or seizure by any officer or servant of the market committee empowered by
the Director in this behalf, or
(e) prevents or obstructs, entry, inspection and verification of any
notified agricultural produce, weights and scales and accounts relating to the
transactions of such produce in any premises either licenced or liable to be licensed
under this Act by any officer or servant of the market committee empowered by the
Director in this behalf, or
(f) contravenes any of the provisions of section 32, or fails to obtain a
permit for the transport of the notified agricultural produce as required by or under
this Act or any of the terms and conditions of any such permit shall on conviction,
be punishable with fine which shall not be less than five hundred rupees but may
extend to two thousand and five hundred rupees and in the case of a continuing
evasion or contravention, with a further fine which may extend to five hundred
rupees for every day during which the evasion or contravention is continued after
conviction therefor.
(2) Whoever contravenes any provision of this Act or any rule or any
regulation or any by-law made under this Act shall, if no other penalty is provided
for such contravention elsewhere in this Act or in the rules or regulations or by-
laws on conviction, be punishable with fine which may extend to one thousand and
five hundred rupees.
49. Liability of accused to pay fee or other amount – Every person who
is convicted under section 48 shall be liable on proof to the satisfaction of the
Magistrate that he omitted to pay the fee, or other amount due from him under this
Act or the rules or by-laws made under this Act, to pay to the market committee the
amount which may be due from him on account of such fee or other amount.
50. Composition of offences –The market committee may accept from any
person who has committed, or is reasonably suspected of having committed, an
offence against this Act or the rules or by-laws made under this Act, by way of
composition of such offence –
(a) where the offence consists of the failure to pay or the evasion of any
fee, or other amount recoverable under this Act, or the rules or by-laws made under
this Act, in addition to the fee, or other amount so recoverable a sum of money not
exceeding one thousand rupees or double the amount of the fee, or other amount
whichever is less; and
(b) in other cases, a sum of money not exceeding one thousand and five
hundred rupees.
51. Power of Magistrate to recover summarily fee or other amount –
(1) Whenever any person is convicted of an offence under this Act or the rules or
the regulations or by-laws made under this Act, the Magistrate shall, in addition to
any fine which may be imposed, recover summarily and pay over to the market
committee the amount of fee, or other amount due from him under this Act or the
rules or the regulations or by-laws made under this Act 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 cost of the prosecution.
(2) All fines imposed by a court under this Act shall, on recovery, be
credited to the revenues of the State and the total amount so credited during any
financial year shall be contributed by the Government to the Market Committee
Fund.
52. Power to make rules – (1) The Government may make, either
generally or specially for any notified area or areas, rules for carrying out all or any
of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules any provide for or regulate –
(a) the nomination and withdrawal of members of the market committee
or as the case may be, the preparation and publication of lists of procedures in the
notified area and persons licensed under section 8 of the market committee, and
revision, thereof;
(b) the powers of the Chairman and Vice-Chairman of a market
committee, their functions and the term of office;
(c) the filling of casual vacancies in the office of the Chairman, Vice-
Chairman or member of a market committee;
(d) the calling of general meeting of market committee;
(e) the annual fees that may be levied by the market committee in
respect of licence granted under section 8 and the recovery of such fees;
(f) the maximum rates of subscriptions which may be levied either by
the Board or by the market committee and the recovery of such subscriptions.
(g) the procedure for determination of fees and the manner of collection
thereof;
(h) the form in which, and the condition subject to which, the licence
under sub-section (1) of section 8, shall be issued or renewed, and the fee to be
charged therefor;
(i) the kind and description of the scales, weights and measures, which
alone shall be used in transactions in the notified agricultural produce concerned in
a notified area;
(j) the periodical inspection, verification and correction of all scales,
weights and measures in use in a notified area and the seizure of scales, weights
and measures found to be false;
(k) the trade allowances which may be made or received by any person
in any transaction in the notified agricultural produce in a notified area;
(l) the provision of facilities for the settlement of any dispute between a
buyer and a seller of the notified agricultural produce or their agents including
disputes regarding the quality or weight of the notified agricultural produce, the
allowances for wrappings, dirt or impurities or deductions for any cause;
(m) the prohibition of commission agents and brokers from acting in
any transaction on behalf of both the buyer and seller of any notified agricultural
produce.
(n) the provision of accommodation for storing any notified agricultural
produce brought into the market.
(o) the preparation of plans and estimates for works proposed to be
constructed partly or wholly at the expense of the Board or of the market
committee, and the grant of sanction to such plans and estimates
(p) the procedure to be followed by the Board or by a market committee
in respect of financial matters generally, including the matter in which, and the
restrictions and conditions subject to which, expenditure may be incurred by it;
(q) the form in which the accounts of the Board and market committees
shall be kept, the audit and publications of such accounts and the charges, if any, to
be made for such audit;
(r) (i) the powers of auditors and the Government to disallow and
surcharge items in respect of market committees and the recovery of sums so
disallowed and surcharged.
(ii) the powers of auditors and the Government to disallow and
surcharge items in respect of the Board and the recovery of sums so disallowed and
surcharged;
(s) the preparation and submission for approval of an annual budget and
the reports and returns to be furnished by the Board or by a market committee.
(t) the investment and disposal of the surplus fund of the Board or of a
market committee.
(u) the prevention of adulteration of notified agricultural produce;
(v) the maintenance of standards of notified agricultural produce;
(w) the provision for affording facilities for settlement of depts. Charged
on notified agricultural produce;
(x) the form in which such returns and accounts to be furnished by
licenses, and the procedure for the inspection of their accounts and stocks.
(y) the methods of recruitment and conditions of service of officers and
other employees of the Board and of a market committee.
(z) the travelling and other allowances that may be paid to the members,
the officers and servants of the Board and of a market committee;
(aa) the manner in which the inspection of a market committee and the
Board shall be held;
(bb) the procedure to be followed in respect of receipts and disposal of
Market Board Fund and Market Development Fund and matters connected thereto;
(cc)any other matter which has to be, or may be prescribed.
(3) Any rule made under this section may provide that any contravention
thereof or any of the conditions of any licence issued under this Act shall be
punishable with fine which may extend to one thousand and five hundred rupees.
(4) (a) All rules made under this Act shall be published in the Tamil Nadu
Government Gazette and, unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are
expressed to come into force on a particular day, come into force on the day on
which they are published.
(c) Every rule made or notification issued under this Act shall as soon as
possible after it is made or issued, be placed on the table of the Legislative
Assembly and if, before the expiry of the session in which it is so placed or the next
session, the Assembly makes any notification in any such rule or notification or the,
Assembly decides that the rule or notification should not be made or issued, therule
or notification shall thereafter have effect only in such modified form or be of no
effect, as the case may be so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that
rule or notification.
53. Power to make regulations and by-laws – (1) Subject to any rules
made by the Government under Section 52, the Board may, with the previous
sanction of the Government, make regulations for regulating its business and for
such other matters relating to the regulation of markets.
Provided that where the Board fails to make regulations under this sub-
section within one month from the date of its establishment, the Government may
make such regulations as they think fit and the regulations so made shall be deemed
to be regulations made by the Board and may be amended or varied by the
Government or, with their previous sanction, by the Board
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters,
namely;-
(a) the summoning and holding of meetings of the Board, the time and
date when such meetings are to be held, the conduct of business at such meetings
and the number of persons necessary to form a quorum thereat:
(b) the powers and duties of the officers and servants of the Board
(c) the management of the property of the Board
(d) the execution of contracts and assurances of property on behalf of
the Board.
(e) the maintenance of accounts and the preparation of balance sheet by
the Board.
(f) the procedure for carrying out the functions of the Board under this
Act;
(g) any other matter for which provision is to be or may be made in
regulation.
(3) Subject to any rules made by the Government under Section 52, the
market committee may, with the previous sanction of the Board, 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 and for such other matters relating to
the day to day regulation and administration of markets including market and other
charges:
Provided that where a market committee fails to make by-laws under this
sub-section within one month from the date of its establishment, the Board may
make such by-laws as it 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
Board or, with its previous sanction, by the market committee.
(4) Any regulation or by-law made under this section may provide that any
contravention thereof shall be punishable with fine which may extend to three
hundred Rupees,
54. Power to write off irrecoverable amount, etc. – A market committee
or the Board may write off any amount whatsoever due to it, whether under a
contract or otherwise, or any sum payable in connection therewith, if in its opinion,
such amount or sum is irrecoverable.
Provided that –
(a) the market committee shall obtain the previous sanction of –
(i) the Director, in every case where the amount or sum to be written
off exceeds five thousand rupees, but does not exceed ten thousand rupees; and
(ii) the Government in every case where the amount or sum to be
written off exceeds ten thousands rupees.
(b) the Board shall obtain the previous sanction of the Government in
every case where the amount or sum to be written off exceeds twenty thousand
rupees.
55. Bar of certain proceedings – (1) No suit or other proceeding shall
lie against the market committee or the Board for any act done or purporting to be
done under this Act.
2(a) No suit, prosecution or other proceeding shall lie against the
president or the Vice-President or Chief Executive Officer or officer or servant
of the Board or the Chairman or Vice-Chairman or Secretary or officer or
servant of the market committee for anything which is in good faith done or
intended to be done under this Act or any rule, regulation, by law or notification
issued under this Act.
(b) No Chairman or Vice-Chairman or Secretary or officer or servant of
the market committee or the President or Vice-President or the Chief Executive
Officer or officer or servant of the Board shall be liable in respect of any such
act in any civil or criminal proceeding if the act was done in good faith in the
course of the execution of the duties or the discharge of the functions assigned
to him by or under this Act.
56. President, Vice-President, Chairman and Vice-Chairman to be
public servants – The President and Vice-President of the Board and Chairman
and Vice-Chairman of the market committee shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code (Central Act XLV of
1860)
57. Limitation for certain suits and prosecutions – Save as otherwise
provided in section 63, no suit, prosecution or other proceeding shall be instituted
against the Chairman or Vice-Chairman or Secretary or officer or servant of the
market committee or the President or Vice-President or Chief Executive Officer or
officer or servant of the Board for any act done or purporting to be done under this
Act, unless the suit, prosecution or other proceeding is instituted within six months
from the date of the Act complained of.
58. Trial of offences – (1) No offence made punishable by this Act or any
rule, regulation or by-law made under this Act shall be tried by any court inferior to
that of a Metropolitan Magistrate or a Judicial Magistrate of the first class.
(2) No court shall take cognizance of any offence punishable under this
Act except on a compliant in writing made by the Director or any officer
empowered by him in this behalf by special order.
59. Recovery of sums – All sums due from the Board to the Government
and all sums due from the market committee either to the Government or to the
Board, and all sums due to the Board or to a market committee either by way of
fees or otherwise under this Act, the rules, the regulations or the by-laws may be
recovered in the same manner as arrears of land revenue.
60. Revision – (1) The Government may call for and examine the record of
any market committee or the Board or of the Director or the Collector in respect of
any proceeding to satisfy themselves as to the regularity of such proceeding or the
correctness, legality or property of any decision or order passed therein; And if, in
any case, it appears to the Government that any such decision or order should be
modified, annulled, reversed or remitted for reconsideration, then, the Government
may pass orders accordingly.
Provided that, before passing any order under this sub-section, the
Government – (a) shall if such order is likely to be prejudicial to any person give
such person a reasonable opportunity of making his representations; and
(b) any consult such authority or officer as they deem fit.
(2) The Government may stay the execution of any such decision or order
pending the exercise of their powers under sub-section (1) in respect thereof.
61. Registration of document executed on behalf of Board or market
committee - (1) Notwithstanding anything contained in the Registration Act, 1908
(Central Act XVI of 1908), it shall not be necessary for the President or the
Chairman or any member or officer or servant of the Board or of a market
committee, or the special officer appointed under section 33 to appear in person or
by agent at any registration office in any proceeding 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) Where any instrument is so executed, the registering officer to whom
such instrument is presented for registration may, if he thinks fit, refer to such
President, Chairman, member, officer, servant or special officer for information
respecting the same and shall, on being satisfied of the execution thereof, register
the instrument.
62. Injunction not to be granted in certain proceedings, etc. - -
Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central
Act V of 1908) or in any other law for the time being in force, no court shall grant
any permanent or temporary injunction or make any interim order in any manner in
relation to nomination or appointment under this Act including the preparation or
publication of any list of producers or persons licensed under section 8 for the
purposes of nomination.
63. Liability of President, Vice-President, Chairman/Vice-Chairman
and member for loss, waste or mis-application – (1) The President, Vice-
President and every member of the Board and Chairman, Vice-Chairman and every
member of a market committee shall be liable for the loss, waste or mis-application
of any money or other property owned by, or vested in, the Board or as, the case
may be, in a market committee if such loss, waste or mis-application is a direct
consequence of his neglect or misconduct; and a suit for compensation may be
instituted against him in any court of a competent jurisdiction by the Director.
(2) Every such suit shall be instituted within three years after the date on
which the cause of action arose.
64. Exemption – Nothing in this Act shall apply to the purchase or sale of
any notified agricultural produce by the Central Government or any State
Government
65. Power to amend the Schedule. –
(1) The Government may, by notification, amend the Schedule to include in
it any agricultural produce or to exclude there from any agricultural produce or to
alter the description of any agricultural produce therein.
(2) When the Schedule is so amended, any reference to the Schedule in this
Act shall be construed as a reference to the Schedule as so amended.
66. Power to remove difficulties. –
If any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion requires, by order, not inconsistent with the
provisions of this Act, do anything which appears to be necessary or expedient for
the purpose of removing the difficulty;
Provided that no such order shall be made after the expiry of two years
from the date of the commencement of this Act.
67. Repeal and savings. –
(1) The Tamil Nadu Agricultural Produce Markets Act, 1959, (Tamil Nadu
Act 23 of 1959) (hereafter in this section referred to as the said Act) is hereby
repealed.
(2) The repeal by the sub-section (1) of the said Act shall not affect –
(a) the previous operation of the said Act or anything done or duly
suffered thereunder, or
(b) any right privilege, obligation or liability acquired, accured or
incurred under the said Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against the said Act; or
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed.
(3) Subject to the provisions of sub-section (2), anything done or any action
taken, including any appointment or delegation made, notification, order,
instruction or direction issued, or any rule, regulation or form framed, certificate
granted or registration effected, under the said Act shall be deemed to have been
done or taken under this Act and shall continue to have effect accordingly, unless
and until superseded by anything done or any action taken under this Act.
(4) Notwithstanding the repeal of the said Act, any area declared to be a
notified area under the said Act shall be deemed to be a notified area under this
Act; any market committee established for the said notified area under the said Act
and holding office immediately before the date of the commencement of this Act
shall be deemed to be a market committee established under this Act for the said
notified area; all the members of such market committee shall be deemed to be
members nominated by the Government under this Act and any market established
under the said Act shall be deemed to be a market established under this Act.
THE SCHEDULE
[See Section 2(20) and 65]
Class of agricultural produce. Name of agricultural produce.
(1) (2)
I. Cereals 1. Paddy
2. Rice in all forms
3. Wheat in all forms
4. Cholam (jowar) in all forms
5. Cumbu (Bajra) in all forms
6. Ragi in all forms
7. Maize in all forms
8. Thinai
9. Kudiraivali
10. Varagu
11. Samai
II. Pulses 1. Redgram (Thuvarai) in all forms
2. Blackgram (Ulundu) in all forms
3. Greengram (Pachaipairu) in all forms
4. Bengalgram (Konda Kadalai) in all forms
5. Peas (Pattani) in all forms
6. Lab (Mochai) in all forms
7. Cowpea (Karamani) in all forms
8. Soya Beans in all forms
9. Horsegram (Kollu) in all forms
III. Oil Seeds
1. Grountnut (Pods and Kernals) whole or split
2. Gingelly or Seasamum seed or Ellu.
3. Castor (Pods or seeds)
4. Sunflower seeds or kernals
5. Coconut (Unhusked or husked or Kopra)
6. Cotton seed
7. Mustard (Kadugu) seeds
8. Nigar seeds
9. Safflower seeds
10. Neem seeds
11. Pungum seeds
IV. Fibres 1. Cotton (Kapas, lint, waste)
2. Coconut coir
V. Vegetables 1. Brinjal
2. Bhendi
3. Potato
4. Onion
5. Gourds (Snake gourd or Pudalai, Bitter
gourd or pagal, Bottle ground or Surai,
Pumpkin or Parangikai, Ribbed gourd or
Peerkankai, Ash gourd or Pusanikai)
6. Tomato
7. Moringa (Murungai)
8. Greens (Keeraigal)
9. Green Chillies
10. Yams (all kinds)
11. Lab Lab Avarai
12. Cabbage
13. Cauliflower
14. Radish (all kinds)
15. Carrot
16. Beans (all kinds)
17. Sweet Potato
18. Green Banana (Valaikkai)
19. Chow Chow
20. Kari Leaf ( Karuveppilai)
21. Knol-Khol
22. Turnip
23. Green peas
24. Cluster beans (Kothavarakai)
25. Beetroot
26. Agathi
VI. Fruits 1. Banana
2. Mango
3. Guava
4. Grapes (Kodimundhari)
5. Citrus (Sathugudi, Loose Jacket Orange,
Lime, Lemon and Grape)
6. Pomegranate (Mathulai)
7. Jack
8. Melons
9. Pine Apple
10. Apple
11. Pears
12. Plums
13. Papiya
14. Sapota (Chikoo)
15. Cucumber
VII. Drugs and Narcotics Tobacco in all forms
VIII. Tubers Tapioca-tubers, tapioca chips, tapioca flour,
tapioca starch
IX. Condiments and spices 1. Chillies or red chillies.
2. Garlic
3. Turmeric in all forms(bulb in finger)
4. Coriander (Dhania seeds)
5. Cardamom
6. Arecanut (whole or splits)
7. Tamarind in all forms
8. Cashewnuts in all forms
9. Ginger in all forms (ingi, sukku, etc.)
10. Betel leaves or Vetrilai
X. Animal husbandry
products
1. Butter
2. Cattle
3. Eggs
4. Ghee
5. Goat
6. Hides and skins
7. Milk
8. Pig
9. Poultry
10. Sheep
11. Wool
XI. Apiculture Honey
XII. Pisciculture Fish
XIII. Forest Products 1. Bamboo
2. Beedi leaves
3. Lac
4. Gum
5. Kadukai (Myrobalan) (gall nut)
XIV. Sericulture 1. Cocoons
2. Silk yarn
XV. Miscellaneous 1. Sugarcane Jaggery in all forms (Jaggery
powder, brown sugar, etc.)
2. Palmgur Jaggery in all forms.
About this act
- Jurisdiction
- Tamil Nadu
- Enactment date
- 1988-05-17
- Sections available
- Document reader
India Code, Government of India. Text fetched 18 Oct 2026. Source metadata reports last modification: 2025-07-10. Check the linked official text and subsequent notifications when applying a provision.