The Agricultural Produce Markets (Amendment and Special Provisions) Act, 1978

Act 33 of 1978

Keyword(s): Market Committees, Special Officer, APMC

Amendments appended: 24 of 1980, 14 of 1985, 18 of 1986, 66 of 1986, 46 of 1987, 8 of 1989, 13 of 1991

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

1978:T.N. Act 331 AgricuJtural Produce Markets 935 (Amendment and Special Provisiom) TAMIL NADU ACT NO. 33 OF 1978.* THE TAMIL NADU AGRICULTURAL PRODUCE MARKETS (AMENDMENT AND SPECIAL PROVISIONS) ACT, 1978. [Received the assent oj the Governor on the 30th September 1978, jrst published in the Tnmil Nadu Gavernment Gazette Extraordinary on the 4th October 1978 (Purattasi 18, Kalayukti (2009- Tiruvalluvar Andu)).] An Act further to amend the Tamil Nadu Agricultural Produce Markets Act, 1959, and to provide for the appointment of Special Officers for exercising t'te powers and performing the functions of market committees in the State of Tamil Nadu. BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic of as follows :- 1. (1) This Act may be called the Tamil Nadu Agri- Short title and cultural Produce Markets (Amendment and Spe~ialm-~nt. Provisions) Act, 1978. (2) It shall be deemed to have come into force on the 6th day of June 1978. 2. In this Act, unless the context otherwise requires, - Dedaitions. (a) "Director" means the Director of Agricultural Marketing ; I (b) "Government" means the State Government ; (c) words and expressions used and not dr fined in this Act, but defined in the Tamil Nadu Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959) ( hercinafter referred to as the principal Act), shall have the meanings respectively assigned to them in that Act. 3. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Agricultural Produce Markets Act, 1959 ( Tamil Nadu Act 23 of 1959).] 4. Notwithstanding anything contained in the Memben of principal Act or in any other law for the time being in market com- fore, every member of every market committee establi- ~~~~e~~~old shed under section 5 of the principal Act (including it?otfica. chairman and vice-chairman and epoficio member, if any), and of every sub-comm;ttee and special committee of such market committee, holding office P.S such imme- diately before the date of commencement of this Act shall * For Statement of Objects and Reasons, see Tamlf Nadu Government Gazette Extraordinary, dated the 31st August 1978, Part IV-Section 1, Page 415. I 936 Agricultural Produce Markets [I978 : T.N. Act 33 (Amendment and Special Provisions)

cease to hold office and be deemed to have vacated his office on and from the date of commencement of this Act. Appoint- (1) ment of 5. (a) Not\\ithstanding anything contained in tht ia principal Act ar in any other law for the time being oacer~ in forct., on th: datt: of commencement of this Act, for.market the Government shall, by order, appoint Specis1 Wrmlttees. Officers, to exercise: the: powers ane perform the functions cf thc: market committees and of the sub- committies or special committees of such market committees unde~the principal Act. (b) A Special Officer may be appointed under clause (a) for one or more market committees as the I Government may, by order, specify. (21 Each Specia 1 Officer sha 11 hold office for such

period or periods not exceeding l[five ' years and six months] in the aggregate as may be specified by the Government from time to time: Provided that if any vacancy arises in the post of Special Officer, the vacancy shall be filled up by the Government and the person appointed in the vacancy shall hold office for the remainder of the said period. I (3) The Special Officer appointed under sub-section (1) shall, subject to the control of the Director and to such directions as the Director may, from time to time, give, have power to exercise all or any of the powers and perform all or any of the f~~nctionsof the market committee or of the snb-committees or special committees of such market committee and to take such action as may be required in the interest of the market committee.

1 The words " fo2r years " were substituted for the original words " two years by section 2 of the Tamil Nadu Agricul- tural Produce Markets ( Amendment and Special P~ovisions) Amendment Act, 1980 (Tamil Nadu Act 24 of 1980), which was deemd" to have come into force q-~the 6th June 1980. The words four yea:' and six months were again substi- tuted for the words four years by section 2 of the Tamil Nadu Agricultural Produce Markets ( Amendment and Special Provisions) Amendment Act, 1982 (Tamil Nadu Act 47 of 1982), which was deemed to have come into force on tp3rd June 1982. These wyds were substituted for the words four years and six months by section 2 of the Tamil Nadu Agricul- tural Produce Markets (Amendment and Special Provisions) Amendment Act, 1983 (Tamil Nadu Act 3 of 1983 ), which was 'deemed to have come into force on the 4th December 1982. 1978 :T.N. Act 331 Agricultural Produce Markets 937 (Amendment and Special Provisions)

(4) Where a Special Officer is appointed under sub- section (I), the Government may appoint an advisory board to advise the Special Officer in such matters as may be specified by the Government and the advisory board shall consist of the following members, namely :- (a) three persons from among the producers of the notified agricclt~ralproduce in the notified area ; (b) three persons licensed under sub-section *(l) of section 6 of the principal Act in the notified area in respezt of the notified agricultural produce ; (c) the District Agric~~lturalOfficer having jurisdic- tion over the notified area ; (d) two other officers of the Government as may be nominated by the Government.

I (5) The Government nlay fix the remu.neration pay- able to the Special Officers appointed under subsection (1) and the amount of remuneration so fixed, and such othr expenditure incidental to the management of the mxket committee, during the period of appointment of the Special Officer as may be approved by the Govern- ment, shall be payablc from the Markct Committee Fwd. (6) The Special Officer appointed under sub-section (1) shall arrange for the constitution of a new market ccmmittee in accordance with the provisions of the princi- qal Act and the rules made thereunder, so that the new nar ket committce may be constituted and the members :hereof come into offi~sat the expiry of the period of appointment of the Special Officer.

6. (1) Where a Special Officer is appointed under Delivery of sl.!b-section (I) of section 5, and sach Special Officer is possession resisted in, or p-evented from, obtaining possession of theof records baoks, accocnts, dowments, securities, cash and otherpeaiesofand pro- prop~ties,whether movable or immovable, of'the rnaket market cammtttee (hereafter in this section referred to as the committee. records and properties of the market committee) by any person who is not entitled to be in possession of the and properties of the mafket committee, any m:tropolitan magistrate or any ~udicjalmagistrate ot the first class in whose j~zrisdictionthe office of the market committee or the records and properties of that market 938 Agricultural Produce MarketsI 11978 : T.N. Act 33 (Amendment and Special Provisions)

committee is or are situate shall, on application by the Special Officer and on the production of the order of appoint- ment, and of a c5rtifi~teby the Director in the prescri- bed form setting forth that the recards and properties mentioned therein &long to the market committee, direct delivery to the Special Officer of the possession of the records and properties of the market committee. (2) No certificate shall be issued by the Director unber sub-section (1) without making such inqoir y as he deems necessar y. (3) For the purpose of the proceedings under sdb- section (1) the certificate aforesaid shall be conc.usive evidence that the records and properties to whih it relates belong to the market committee. (4) The metropolitan magistrate or the judicial magistrate of the first class referred to in sub-sediol (1) may, pending disposal of an application for dire~ing delivery to the Special Officer of the possession of the , records and properties of the market committee mentioned in the certificate by the Director, appoint a Receiver to take possession of such records and properties or szch portion thereof as may be necessary. The remuneratim, if any, paid to the Receiver and other expenses incurred by him shall be payable from the Market Cornmitee Fund.

7. (1) The Government may, by notification, authorist the Director or any other officer to exercise any of tht powers vested in them under section 5, in respect of an] market oommittee. (2) The exercise of any power delegated under sub- section (1) shall be subject to such restrictions and condi- tions as may be specified in the notification and subject also to control and revision by the Government. Protection 8. (1) No suit, prosecution or other legal proceedings of action shall lie against any person for anything which is in good taken in good faith. faith done or intended to be done in pursuance of this Act. (2) No suit or' other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act. 2978 : T.N. Act 331 Agricultural Produce Markets 939 (Amendment and Special Provisions) 9. (1) The Tamil Nadu Agricultural Produce Markets~epeal. (Amendment and Special Provisions) Ordinance, 1978 (Tamil Nadu Ordinance 4 of 1978), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken nndcr this Act as if this Act had come into force on the 6th day of June 1978. . ---- - . -* -. ,- . . r -a. 4- 1986: %',N,Act241 AgrPulturat Produce Markets 77 . (hf:ndmc.ntnn /l Special Prorisions) Amendment

TAMIL NADU ACT NO, 24 OF 1980."

THE TAMIL NADU AGRICULTURAL PRODUCE MARKETS (AMENC MENT AND SPECIAL PROVI- SIONS) AMENDMENT ACT, 1980.

[Received the assent of the Governor on the 29th August 1980, first published in the Tamil Nadu Government Gazstt e Extraordinary, on the 1st September 1980 (Aavani 16, Rowthiri-2011-Thiruvalluvar Amdu).]

An Act to amend the Tamil Nadu Agricultural Produce Markets (Amendment and Special Pro visions) Act, 1 978. BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-firstyear of the Republic of India as follows :- 1.(1) This Act may be called the Tamil Nadu Agricultural Short title an d Produce Markets (Amendment and Special 1'revisions) ~ommencement, Amendment Act, 1980. (2) It shall be deemed to have come into force on the 6th day of June 1980.

2. [The amendment. made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Agricultural Produce Markets (Amendment and Special Provisions) Act, 1978 (Tamil Nadu Act 33 of 1978).]

3. Anything done or any action taken in respect of any Validation. market committee during the period commencing on the 6th June 1980 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, by a Special Officer appointed under sub-section (1j of section 5 of the principal Act, shall for all purposes be deemed to be and to have always been validly done or taken in accordance with lav as if section 5 of the principal Act as amended by this Act had been in force at all material times when such thing or action was done or taken.

*For Statement of Objects and Reasons, see Tamg Nudu Govern- ment Gazette Ebrtraordinary, dated the 1 lth July 1980, Part IV-section1 pages 133-134. . .. - .. . .. - . . ,, . - .

a r Ire. ..

The following Act of the Taml ad fm general ~infonnationr-

, ,.

Mwkets Act, 1959 utd the' Tamil Nadu Markets (Arn~ndmentand, Special . Provis~

BE ;it .enacted by The Legislature )of %i't

1. Sfiori tab and comrnen.ca~nf.-(ljb called the Tamil Nadu A picvltural ' Produce Mark Nadu Agrkult~~a1Procluce bfarkets (Amendment Provisions) Amendment Act, 1989. day of Nolrember 1984.

Nadu Act 23 of 1959 j, in section c!aus (ii) of the proviso, Po

In tRe Tamil '~adu'.~gric a.nd Special. ~roviiio~s)'Ac in section 5, in sub-sec six monthls", the worcl's' ' s

13rociuce,;'.Markets an .hIarketS (Amendment hcreby repealed.' I

tostanding such rep3a1, anything done or any der , the Tamil Nadu ~gri&ultwnlProduce Markets 1 Maqu Act 28 of i959), as amended by, the '& undeb the Tamil ~aduAgricultural Produce Markets

special^ ~&isions) Act, 1978 (Tamil ' ~aduAct ended by thcc said Ordinance, shall be diemed

or 'iaken ' under the '1-amii Nadu ' Asricuhural

, .

, ,

' \ ------. - The followjrlg Act of thc Tamil Nadu Legislature received the -t of the Governor on the 17th' February 1986 and is hereby -.

published for general information :-- > ,, , AGT No. 18 OF 1986.

An 'Act f uithrr to amed fie Tcoli Nwia 1~cu2!tiraI Produce ,' . - / f. Mmkets Act, 1929 and the Tamil Naau Agricultural Produce,-- , , . 1 Morkcrs(Amendn~entandSpeciolProvisionr)Xd,IP18. .' , k

$7 . - I!

1 & it enacted by the Legislature of the State of Tamil Nadu h tho -. . ' id-. j Thirty-se~entl~Year of th8 kepublic of India as follows:- ? 1. Short title and cornmcncemint.-(1): This Act may be called tbi TTainil Nadu Agricultural Produce Markets BX~the Tamil Nadu. Agricultural Produce Markets (Amendment and Spedal Provisions)

., hendment Act, 1986.

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

2. Xmendment of section 8, Tamil Ndu Act 23 of 1959.-In the Tamil Nadu Agricultural Produce Markets 'Act, 1959 (Tamil Nad~ kt23 of 19591, in s~tioo8, in sub-section (51, in clause (%)'ofthe proviso, for the words LL not exceeding six yeatz)", the words !' not. exceeding seven years '' shall be substituted. I

?.

' 3, 'Arne?$ment of section 5, Tamil Nad~2ct 33 of 1978.-In the * , ',

Tainil Nadu Agricultural Prodme Markets '(Amendment; an? Special . , , , ' , . Provisions) Act, 1978 (~arnilNadu Act 33 of 1978), in saction 5, in. . -- , subm-section(Z), for the words " seven years and six moilths ". . the ' "eight years and months " shall be .substituted. words six - I , -

4. Ripeal dnd saving.-(1 j Tlie Tamil Nadu Agricultural q6dnce. , . ' , Markets and the Tamil Nidu Agricultural Produce ~arkets mend- , - ment and Special Provjsioos) Second Amendment Ordinance, - 1985 -. (Tamil! Nadu Ordinance 12 of 1985) is hereby repew . i L. ,. b .rrr

I - -- *- ?_ . .. -_ ..-I -- --.

a, (2) Nqtwithstandmg scqch repeal, anything dons or any action taken under the Tamil Nadu krgrkultural Produce Markets Act, 1959

>,(Tamil Nadu Act 23 of 1959), as amended by the said Ordinance, or, - under the Tamil Nadu Agricultural produce Markets (Amendment and

'. Special Provisions) Act, 1978 (Tamil Nadu Act 33 of 1978), as I

i amended by tho said Ordiriance. shall be clzemed to have been dme or .- I take0. . under the Tamil Nadu ~gricilturalProduce Markets Act, 1959 (Tad Nadu Act 23 of 1959) or, as the case may be, under the I

, Tazl Nadu Agricultural Prorlucc Markets (rhendrnent and Special Provisions) Act, 1978 (Tamil Nadu Act 33 of 197S), as anlended by 'this 'Act.

. . (By order of the Governor.) d t 1 .... . : -... . S. VADIVELU, Com~nissionerand Secretary to Go vemmeui t, .- , . Law Department. No3 7 (~8gfltldN~, H-1 1 WVERNMEHT OF-TAatif. HADD f'r"' !15 Paise IP86 ..-.. - / - -- rP? --, . **&t.p.&., -;< -.c l u>*;. . .. , I

TAMIL NADU . .

.GOVERNMEN,T' GAZETTE , .. 1 1 7- PUBLISHED BY AUTHQRITI EXTRAORDIN ARY t i L

>

No. 7133 MADRAS, WEDN ESDAY, DECEMBER 3, 1986 KARTHlGAl 18, ATCHAVA, rHJRUVALLUVAR MNDU-a17

Bart IV-Section P

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 3rd December 1986 and is hereby published for general. jnforrnatbn :- ACT No, 66 OF '2986. An Act further to ame~dthe Tamil Nadu Agricliltural Produce M~lrkelsAct, 195 9 clnd ~hcTamil Nudu A griculnrral Prodme Madel s (Amendmerzf a11d Special Frc visions) Act, 1978,

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-seventh Year of the Repilblic 3f India as follows :- 1. Short Me.--This Act may be called the Tamil Nadu AgricuZ- turaI Produce Markets- and the Tamil Nadu Agnicdtural Produce Markets (Amendment and Special Provisions) Second Amendment Act, 1986.

I 2. Amendmen! of secfiolz 8, firnil Nadu ACL 23 of 1959.-In the Tad Nadu Agricultural Produce Marketk Act, 1959 (Tad Nadu Act 23 of 1959), in section 8, in sub-section (51, in clause (ii) of the provko, for tihe words '' not exceeding seven years ", the words " not exceeding eight years " shall be substituted. . . 44.6. TAMIL NADU GQVEKNMmZ- GAZEPTE EX1ICAUKIJPNA~Y --- . . . ,i,y 3: Amendment of section 5, T~miilNadu Act 33 of 1978.-In the TuNad~ .:Agricultural Prodwe Markets (Amendment and Special &msr -Act; 1978' (Tamil Nadu Act 33 of 1978), h section 5, in (21, €or the words " eight years and six months ", the ords "nine years and six. . .months " shall. be substituted. . . , . j j' , A. h .I c . . - . - (By ordw of the Governor) , . . ,

,. , C -. S. ' VADIVELU,

, , C~~vzt~issiunerand - Secrst~uyto Govern~nent, >' Law ~Dcpartrne~rt. 7 :0:: . U '3 ,. ; '. , . . w . h m TAMIL NA-DU I I t k

!. .,,, . I t I. t

, * . , ;, *-: .'.*. ,)' "Y 5 No. 7351 MADR-%S, SbTURDAY, DECFMBER 5, 1987 * ,.* KARTHIOAI 19, PRABHA~ATHIRUVALLUVAR AINDU-2018, * - -_I_.-.-.--- - C :. -- .-PP.- d 4

I . , -.

' I 'The following Act of thz 'Tarnil Nadu ' Legislative*. ~ssernbl~.

received the assent of the Governor on the 5th December 1.987 and.- '.?-$F .. is hereby published for general information :-A-, I , .! p',.. ; ' , ~j!,+. 4' ACT No. 36 OF 1987. " . , .fY< tf .. 4 A:: Act furlher to arne~rdthe Tamil AWc!liu Agricultural Produce / ,, ;,, . Mckeets Act, 1 959 and the Tamil Narlu Agricultural Ptoduct?; ;;;; **& 34arkets ( An:endmerzt and- Special Provisions j Ad, 1978. L . . BE it enacted by the Legislative Assembly of the Stat'e cf Tamil Nady -', ,-- in the Thirty-eighth Year of the Republic of India as follows :-- ' - 1: I I . Short iit/e.--fhis Act may be ~AIellled tne Tamil Nadu Agrieul- iural Produce Markets and the Tamil Nadu Ag:icultural Produce * Markets (Amendment and Spe-ial Provisions) Amendment Act, 1987. 8 2. Amendn2ent of section 8, Tamil Nadu Act 23 of 1959.411 the.

Tamil Nadu Agricuitural Produce Markets Act, 1959 (Tamil Nadu , #;; Act 23 of 1959), in section 8, in sub-secticn (5), in clause (ii) of,the' , . proviso. for the words " not exceeding eight years ", the words "not exceeding- nine years " shall be substituted. t ,A v:- I \ ' -,>_ (A Group IV-2Ex,(735)--I 1'307 '1

$. -*

- :$J , . ACT KO. 8 OF 1989. , - - -<& '-.'<~,$ . . +;. &$%j An Act further to amend the Tamil - Nadu Ap*iculfztral Produce Markets Act* ' ' v%&*: 1959 anJ t~ validate the appoint,t?ent of Special O@cers for the Pudukkottai ."..&. -*-" . ' .-- dF2 and Periyar .44arket Conzmittecs. !' .. . ,, a-t.&., 2,- ,*b .'U.* BE it enacted by the Legislative Assembly of the State of Tamil Nadu.in the 3 3. r y Fortieth Year of the Republic of India as follows :- ;I-+ . ,' .&'j . * ,&,-.;i~.t;i 1. This Act may be called the Tamil ad; Agricultural Pmduce Markets,s@~fi$lj

I.- M1 (Amendment) and Validation of Appointment of Special Officers Act;, 1989.' , . .:-d- % - -.a rs'.,.~; ..-. 0- I .. .- 'hrt~;Ihad" ~ct 2. In section 24 of the Tamil Nadu Agricultural Produce 'Markets :Aej 4 23 <,f 1959. ,w 1959 (hereinafter referred to as the principal Act), in sub-section (I), in . 'ths,e4-*i--. 1y:. (4 opening parapraph, for the words "twelve years", the words " thiAeen3 yearsi . :':.' - .': shall be substituted. I.. '7. 'i. *?$. 3. ( 1) Notwithstanding anything contained in .he prhcipal A&, or in the Tamil Nadu Agricultural Produce Markets (Amendment and Sp6cial ~rqvisidos);?; P;.&?$%? . P;.&?$%? 'lamil Na GII Act Act 1978 (h:reir:fier r:c?r-:J '0 .r the 1978 Act), or in any 0kr'@? 'lfk&$?L , :- .--c-.-.-Yx, 33 of 1978. ,,< .J.- ++Lg - . . &.;,$g L f? ..

(A Grcup) IV-2 Ex. (272)+1 ' i.:$

34 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINAR1

The following Act of the T;LII~NtUlu Legislative Assembly received the assenl ol' tliu Clovcrnor on the 12111 k'ebruary 1991 and is llorcby publisliccl lor general information: -

ACT No. 13 OF 1991.

.dl1 Act further to atnend the ltzws relating to the agricultural produce ?n.urkets in the Slate of llct?nil Xadu. Eli it enacted by the Legislatitre Assc~nLlyof the State of l1afi1:I Kadu in till: E'o~ty-firstYear of the Republic of India 0s foi.101~~:-

Short title and 1. (1) This Act may be allecl the 'l'amil Nadu Agricuitural Produce commencement. Bl ar kets Laws (Amendment) Act, 1991. (2) It shall be deemed to have ccjroe Into force on the 3rd day of Uece~nber1990. amendmeat of 2. In the Tamil Nadu Agricultural Produce Mkrkets Act, 1959 (herein- ~~~ilN&U TamilNadu after referred to as the 1959 Act), in section 24, in subsection (I), for the 23 of 195 Act 23 eP words " thirteen years and seven months ", the words " fourtoen years and one 1959. . month " shall be substituted. Amendment of 3. In the Tamil Nadu Agricultural Produce Markets (Amendment and Tamil Nadu TamilNadu Special Provisions) Act, 1978 (hereinaltcr referred to as the 1978 Act), in 33 of 19 Act 33 of section 5, in sub-section (2), for the words " twelve years and six months ", 1978. the ~vords" thirteen years " shall be substituted.

Amendment of 4. In the Tamil Nadu Agricultural Prodi~cc.Markets (Amendment) and ~~~il~~d~ TamilNadu Villitlatlon of Appointment of Special Officers Act, 1989 (hereinafter referred 8 198 Act 8 of 1989. tu as the 1989 Act), in ~ection3, 3.n RU~)-SPC~~O~(1)) in the y!.o.irko, for the expression " 5th day of December 1990 ", thc expression (' 5th dny of June 1!191 " shall I)c hllbstitutcd.

Repeal and 5. (1) The Tamil Nadu Agricultural l'rodnce Markets Laws (Aniendmcnt) Tamil Nad saving. Or~iinnnce,11190 is hereby repealed. (2) Notwithstanding such repeal, anything done or any actiori tilken under the 1959 Act or the 1978 Act or the 1989 Act, as the case may be, as amended by the said Ordinance, shall be deemed to have been done or taken undc-r the 1959 Act or the 1978 Act or the 1989 Act, as the casre may be, as mended by this Ad.

(By order of the Governor) P. JEYASINBH PETER, Secretary to Governw~ent,Law Department.

- ~INTEDAND PUBF MADRAS ON BEHALF OF THE