Tamil Nadu act 024 of 1996 : The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996

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. The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act,

1996

Act 24 of 1996 Keyword(s):

Local Area, Local Authority, Market Area, Market Committee, Registered Wholesale Trader, Sale, Specified Commodity

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Nu. 4221 MADRAS, MONDAY, AUGUST 26, 1996 Aavani 1 1, Thadhu. '.ihinnvalluvar Aandu -2027

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Tamil Nadu Acts and Ordinanem. C r)

ARRANGEMENT OF SECTIOHS.

CHAPTER I.

1. Short title, extant and commencament.

!JEC'L 4PIZTlON OP M4RKEf AREA AYD ESTABLJSHMPTT f ) P

I SIARKEI C~M- A^3D ? IARKET.

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116 -- mp!F - . TAMIL NADU GOVERNMEW GAZETTE EXTRAORDINAPY - ._ ---

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Constitution of market committee.

Nomination of Chairman and Vice-Chairman of market cornmittae. Publication of names of Chairman, Vioe-Chdirman csnd lnembers of markat committee, Disqualification of Chairmzn, Vice-chairman and mem5er of market aommittor. Term of office of Chairman, Vice-chairman and rnernbers.

Non~inated person to csase to be a member in certain cases. Resignation of mern7~ers of masket c^io~~r,.~,~~.

Resignation of Chbirmsn and Vi0e-Chair~nan of maraeb committee. Removal of Chairrran and Vice-Chairman of market committac.

Meetings of market coinmittae. Establishment of: mhrkcts. Establishment of spociat markots.

CHAPTER ,111.

REGISTKATJON OF WHOLESALE TRADERS AND /WHOLESALE T M d W G

JN SPECJWED COMMODITY IN MARKET AREA UNDER LICENCE.

20. Registralion of wholesale rraderu. sence. 21. Wholesale trading in speclned cornmodlty in :market area to be regulated ,by 1'

22. Market Committee to provide alternative tr:tding facilities to registered; wlrolesalc traders in mafket.

CHAPTER IV.

POWERS AND DUTIES OF MARKET COMMITTM.

23. Powers and duties of market committee.

24. Power (of market committce t o levy fees

25. Provis: -? regarding ,transfer ,of ;immovable pl ocel t y of ma1 ket commlti eo.

26. Zxecution of contracts by market committee. -.

27. Power to acquire land under Land Acquisition Act, 1894i

28. Acquisition of land.

29. Offlcers and servants of market commitiee.

30. Powers and duties of Chief Administrative Officer.

31. Acts of market committee not to be inval dated by irreguiariky, kacallcy, etc. , r tCHAPTER iv.

MARKET COMMITTEE FUND ANDlFINANCE.

32. Market Committe Fund.

33. Purposes for which Market Committee Fund may be expended.

34. Power to borrow.

35. Budget.

36. Annuol audlt ,of account?.

37. A~-l\liculion 01 propcl'ty, luitds, etc.

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TAMIL NADU GOVERNMENT GAZETPE EXTRAORDINARY

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CHAPTER VI.

CONTROL OF MARKET COMMITTEE.

Inspection, enquiry, submission of statements, etc. Duty of officers, servants or members to furnish information to local als~&y,

Seizure of account books and other documents. Supersession of market committee. Appointment of Special Officer.

Powers of Special Officer.

Delivery ,of possession of records and properties of market committee.

CHAPTER- 1W.

APPEAL AND REVISION.

Appeal.

Revision.

OFFENCES AND PENALTIES.

Penalties.

Liability of accused to pay fee or other amount, Compositio~l of offences.

Pewer of Magistrate to recover summarily fee or othar amount. Trial of offences.

Offenccs by companie?.

CHAPTER m.

MISCELLANEOUS.

Bar of certain proceedings. ~llairman and Vicc-Chdrman and the Chief Administrative Officer to be public servants. Limitai ion for certain suits and prosecutions.

Recovery of sums.

Registration of documents executed or, behalf of market cctmmlttee. ~niu~~ct ion not to be granted in certain proceedings, etc.

.-A "7

Liability of Chairman, Vice-Chairman and Member for loss, waste or misappliation. ~xemptioll.

power to amend Schedule.

Power to write off irrecoverable amount, etc.

~ c t to override other laws.

power to remove difficulties.

power to make rules.

Power to make by-laws.

~ u l c s , notifications and orders to bc placed before I he Legislative Assembly.

THE SCIIEDTJLE

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'Re following Act of tlie Tamil Nadu Legislative Assembly receivd W m11t of the I'wiw'daat oa the 23rd 'August 1996 and ib hereby published f& generirl-hf-& :-

;& - .. An r d d rr(ol ~ i g I f l ~ e ' ~ ' ~ h ~ ~ l o c a t l o h . f markst areas and wholesa&' $brk&k '-in' r&ecl, of specified comnrudities in the Madras Merropolit~n ~lanni& ' c3d '

olikw; loen1 areas and to establislz ntarht ccrnmittee~ to manage andjconrrd diqct~nt tnarkcts cslablished in! clifferenr 1 .mark~r areps for, different' , specifid ebmhr6'diti~s aria to provide for matters connected therewith or incidcnral bhe~:Iro.

. . i ,:, AND WHEREAS i~ view of such congestion and consequent, traffic, it is

necessary in the public interest- to de"co&ii cert&ri of kuch:dfe$s an& t o shift

as many commercial activities as possible to placei outside ku6h' parts: thekby paving way for, planned development of such areas and better public health ;

" . J . , '

. & ,,., 1 1 , . . . .. B ~ i t enacted by the Legislative Asseinbly of the State of Tamil Nadu id the Fortv-

seventh Year of the Republic of India as Pollows :-

. i , . , - ' l e v *

I . . - ,:;:, i I CHAPTER-11. '

2 U . l . , . * , * -. . " . - , d . 1 . < .commoaOe.r

.. , .

(3) It shall come into force in the Madras Metrcpolitan Planning Area

at once and in any other local area, on such date as the Government nay, by notifi- cption, appoint and different dates may be appointed for different IocaI areas. , . ' ,

(2) "ChleY Adbiriiitrative OWcer" means the Chief ~dminirtrative Ofiacr

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of 3. market cominitiee appointed by the Government under section 29 ;

(3) "Government", . *a,. . -,I .means . a= the - 'st& .Goyepgent g",,

L - I , . . t I .' . , #I

' t * * ,

I

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. I . 1 * - , ' . ' ., 1, * A . .;. .,' ..> I -

, -

(g) any otbcr ,Municipal Corpsratien that may be constituted under ally law for the time b&hg in force, or

(5) Uloorrl Qufhorily'' mapa+ : , ; .

(b) the Municipal Corporations of Maduni, Coimbatore, Tiruchirappalli, 'Iirunelveli, Salem or aay other Municipal Cerporation constituted undct any law fer the time being in forae; or ^'

I

, , . ' I , , I > .

. ' ' . I I I . '

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. . , , . I :;. , , , ,

(10) regis-. wb~k99k i&2;t9.' m ~ a . 6 a wh~ltsde trader whose name isjor the time being. registemd, in .the sscgistcp,un&r stction 20; ,, .<.! . . . .

, . < " j ' V /

2 -

--."-tw - . r . ,. - - - * - m * - v - "" *, . * C

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$!I ., , A (13) " specified commodity " means aay commodity specified in the Schedule :

I , / } , ' L 1 * . , h 1 . I ' , + 1 . j. .

(14) " wholesale trade " means sale or purchase 6f ai&'s&cifieii t?omthodit foy purposes other than dircct consumption or use by tho purchaser, and sha r 1 iac&&.k&Iippl ,of stgcks .or ~ v @ o u s i ~ ; o ~ p c h . " $ ~ i f i ~ qmnaiity at any placa

in the inarket a r p (but does not include any saic or pur&ae,q,, by ~JIY primary producer or retail trader, as the case may be, oi such specified commodity) ; and any such seller, buyer, holder of stock or warehouse-keeper shall be deemed to be a

'! w W W e trtrhet '3 ³

, .

) , . . .. - .

(15) words and expressions used in this Act and not defined herein shall

glr(r,dcc ha,vc,#@~mta@n~ assifled te then in,&c Tm.1 .Nadn Towamti Goyntry Planning %m. - Act, 1971. . . , # - I ' D E C L A ~ A T ~ O N F MARKET AREA AND BSTA~ISHMENT OF

,,, . ; \ ' i . ! I , 'rjj ~ ~ R K E T COM M1'M"EE! AND;MA~(KW:' ^{' '} I , I , ' ' 1 ;f . > I

3.1 (0 Wheneyir loco1 author~typof my ldul &eafqr tbag$Irpb%7 pt decon- Notification of

gesting any part of the local area, considers ncccssary to sh~ft, b.commercial activi- in'cation of declaring a

ties in respect of a ly specified commodity .to places outside such part, such ,htorea

local, authority may, by notification, speafy its intention to recommend and tall tad ~dvernment to ' declare any. ' . other a i n such local rec0mmondatio~-

f I area to be a market area in reSpect of such specified commod ity as s@cd in .such $fog!ty to

notificatism. Govstnmont to

. . daclm market

1 , , , ; > I ( , . I 1 . , , , I area. ' . 1 :1(2) f&) The notification shall state *at any objectiqp ';or suggestion which ? hy 'be tec:eitwd by the local authority, ~withlr such period as:mryy bc,sfizc;ified in the

I

notification, will be considered by it. . , 1^{.. ,I .}- > ,'" -

. I , i t ~ . @J I 4 copy.of the notification r,h;aIl $so be published in, suck other manner as may be prescribed.

of the period specified in the notificalicn undcr sub-section

objectiods a d suggestions ab may bb i&eivbd before

after considering the intertat' "of the w h desale

traders carrying on business in such spccificd commodity and such other factors, if any, the local authority shall recommend to the Government t~ declare such area : tor:lxmtjmrkett &rea.in,su~b local areg,i?l;~?s~~t iof such spec* aomtpodity as specified in the notification under s u ~ t i o n (1) : ' . s - , ' , I :

provided that the local authority may plake recommendation in respect of more

i+ytb-~&& 'ddb&$& -&mjhdditp b 6etfatab pk?thb sslmdmab:4;rbt'a,fqarket area &&fii&* $rov$ded 'i~Xhi$ !seCtiod;' ,' . : 6\ w?fj ?I : I~ : 9 + , -

UNadu nor

i:; . I ' . 3 . .

I t ' , 'D. t

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122 TAMIL NADW GGVE,D,,NMENr GAZI4?i'TE EXIRl\c)KI !\NARY

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(b) A copy of the notlticatioa shall also be ;,ub!~s!le.l i :) S:IZI\ L ) L ; ~ < ~ m 111: 1,:

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 such notisication.

. 2 .

I - stablisb~ut 5. (i; The Government shall esgbh a_gadcct committee for every market

r ~ f market I mnmittee. area. It shall be the duty of the marL&mittee to enforce the provisions of this Act and the rules and bylaws made. u ~ d e r this Act in such market area.

Markat

committee to be a local authority.for ~umf-@f@

CeJRtral -Ads. -

I of 1894md IX of 191 3..

Alteration of market area ,etc.,

(2) Eve@ market committee shall be a body corporate by sucb nnnle as the Government may specify, shall have perpectual succession and a cotlirnon seal, may sue and be sued in its corporate nalae, aad shall, subiect to such restrictions as are imposcd-bytor under tb!s Act, be eomptent 'to* aauire and hold property, both movable and immovable, shall, lease or otherwise transfer any nlovable or immovable property which pay bave,@co.ne 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 any land required for the purposes of this Act shall be acquired Central Act 1 under the provisions of the Lmd Acquistion Aot, 1894 as provided in sectio~l 28 dfi18aQ

of this Act:

Provided further that do immovable pr&erty shall be transferred by way of sale, lease or otherw~se by a market cohmit'tet? 'without the prior prr~iiission of

the Govenunent.

- , 1 1 . ...... ' .-. \ ' ". . . . , * .

(3) Where, after the establishment of a'market committee under sub-sactioil

(I), any declaration is /made in ,respect of any other specified comnojitv under section 4 in relation to that market a m , then, the market committee shall be deemed to have.been established in. respect of that specified commodity also. . . , ,, * . * . : .: 9 , > r P I ) - I

6; Every market committee shall be deemed to be a local authority for the C,ntralAct purposes of the LM~ino 'Acqdisit ion' Act, 1894 and the Local Authorities Loans' Act, I of 1894. 1914. - 8^. Central Act

Ut of 1914.

. , . . . ..'i . . . . . . . . . . . . . . . . , 4 I . ) . - . , . . s t ' . -

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7.. (1) The Government may, by notification, with effect on and from such date a8 may .be speoified in the notificati8n;-

1 &) include any area in, or exclude any area from, any market area ;

4 ,' . . .

. f (b) divide a q . parket,area .in$o.two ar.more qparato market areas ; . .- b<,

- i . . \." . (c) amalgamate two or inore market areas'into one market areap; 8 . . . . . . , ,. . I , 8 ' * a - - 2 . (,".* .. . x

I ' 1 - " -' (d) declare that the ~ v h o l ~ e " ~ d ' e of any specified commodity in any

! mark&.$ea shall-mase at that l&c' @hiiltd~.ti8de of ah9 specified commodify I hithertqi,not.mwried 'on- $hall be carried on in any market area :

< '

provided that the power conferred by this section shall, in rcliltion to any maIXc:

area or speoif ed.eommodityr-be subject.. to the. provisions dl sections 3 arid 4.

. . - , 1 . - c 1 1 1 , , + * 2 s . . ' . '

(2) When tht- limits 01 rbe market area for whit!, a mari,el l;(,rn~nitlc~ i'r ertabi;,;) ed art: rltczx~ un&-r ~uka,~,:iuu (!), !/12 f i )qrov/~n4 U ~ I ~ ~ C ~ U C , I C ' C ~ ~ t j i * j ' , # I / \ )

ctrecioe and fi?m,such . . . . . . date asmay& spocihcdjn 1 be sotificirtior,, erisuc, narf~oJy.-

< , ' . 9 , ,

. ' 9 . . ,.' , , 4 . . ' , .kt (a] thp. market . ~oayrnittec~shail stand dissolved and 1 r IS m c m k s sla!! vacat~ mar offipes .gs ,such .~;lemiqels : . . % . . . . , - - . . . .

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1 A h l r ~ I:ADU GOVERNMENT GAZETTE EXTRAORDINARY

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(5) a new market committee shall be established and constituted for rrre new market area in accordance with the provisions of sections 5 and 8 ;

(c) the licence, if any, granted by the dissolved market committee shall be deemed to have been granted by the new market committee having jurisdiction and shall continue to have effect accordingly for the remainder 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 thlng arising m, or relating to, any part of the market area within the jurisdiction of the new market committee, shall vest in the new market committee.

8. Every market committee shall consist of a Chairman, Vice-Chairman and of the following members, namely :- market

committee.

(a) three representatives nominated by the Goverament from among the wholesale traders holding valid licences for carrying wholesale trade in the market area ;

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(b) three representatives nominated by tbe Government from among tne members of the trade associationri in the market area recogniscd by the local authority;

(c) two notusfficials nominated by the Government in consultation with the 3ocal authority ;

(d ) (i) in the Madras Metropolitan Planning Area,-

(A) the Commissioner, Corporation of Madras, ex-offib or his nominee ;

(B) the Chief Planner, Madras Metropolitan Development Authority,

ex-ojjicio and

(C) the Chief Executive Officer, Madras Metropolitan Development Authority,

ex.ojfici~ ; and

(ii) io any other local area, the Commissioner or the Executive Authority, of tnc local authority concerned, ex-08icio ;

(e) Direc.tor of Agricultural Marketing, ex-ofJicio or his nominee not below the rank ot Deputy Director of Agricultural Msrketing ;

( j ) two officials nominated by the Government in coasulta::. 1 ~ i t h tne local authority; and

(q) the Chiet Administrative Officer, ex-officio:

Provided that the first market committee after :he date of commellcernenc 01 this Act shall be constituted without the memoers ipecified in clauses (a) and (b)

and it &all be reconstituted in accordance with the provlslons of ths section as soon as the licences are granted to the wholesale traders by the first market committee

and the trade associations are formed in the market area.

9. ( I ) Tbt Government may nominate, In sucn miinnel as may be prescribed,

my person, who possesses such qualifications as may be prrribed, to be the Nomination

Cbwrnan or the Vicechairma2 of my markst committee. of and Chairmail.

Vidhairtn

of market

(?) The Chrirman aqd VjcbChalrman shall be aeemed to be members of tne c o m ~ t t , X .

nlarkct colnmittee and shall have voting and other rights as the members of tne , marXet CommlttS.

9

YubUcation ot 10. The names of the members, the Chairman and the Vice-Chairman of names of

Chairman, the market committee pominated under section 8 and section 9 shall be published VjcsChalrm, by notification by the Government in the Tmzl ,Vadu (iovernmeril Gazette.

and membtts of market

committw.

~i~ualification 11. A person shall be disqualified for being nominated as, and for being, the ofchairman, Chairman or the Vice-Chairman or a member of a market co~mittee- Vic~Chairman

tiid membar of market (a) if he is a minor or of unsound mind ; committe.

(b) if he is an applicant to be adjudicated as insolvent or is an undischarged insolvent ;

(c) if he has been sentenced for any offence involving moral turpitude punishable under any law with imprisonment for one yea1 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;

(n) 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 committes for the supply of goods to, or fcr the execution of any works undertaken by, that market committee. Explanation.-For the purposes of this clause, where a contract has been fully pertomed by the person by whom it h:ts been enter :d itlto with the market committee, the contract shall be deemed not to subsist bjr 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 whi~h 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 agalnst it; or

(g) if he js a paid officer or servant of any market committee other than the Cbief ~dministi~ative Officer.

rerm of of 12. (1) The term of office of the Chairman, Vice-chairman and the members

Chairman, vice- of a market commiltee, other than the ex-oflcio members, shall be three years fr>m Chairman and the date of publication of the notification in the Tamil Nadu Government Gazette mem her", under section 10 and such Chairman , Vice-Chairman and members shall be eligibk I for nomination for 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 ofRce for one full term of three years:

Provided further that the Chairman or the Vize-Chairman or a member, not.. withstanding the expiry of his term of office. shall continue to hold office and fl7nctiofl as the Chairman or the Vice-Chairman or a rnember,as the case may bc,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 notifisation, on or before the expu\ of the term of office of the Chairman, the Vice-Chairman and the members of

market committee. for suficient cause, direct that the term of o8ce of c~ich C'h,qlrman, Vice-Cliairman and members of the market committee as a wliole be extended by

such period no t cxcxwiing s i ~ months at an) one time, but no: xceeiling one year in the apgregal~, 1s may be specified therein.

(2) (a) The Chairman or Vice-Chairman or a memtxr of every malket committee, other than the ex-oificio member or ti12 mcm!):rs nominated under

clause (f) of section 8, shall cease to hold oEce :f he absents 111rrrr;df from three con=-

cutive meetings of the market committee, includrtig 11jt.cting.. which, ror want

qr~nruni collld not bc held.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINh 127 -

I A S .- . --- - , i 3

(b) For the purposes cf ciause Cr.). no meeting of the market committee from which the Chairman or the Vice-Chairman or a member absents himself shall be counted against him if due notice of that meeting was not given to h'im. '^',

(3) Where a person ceases to be the Chairman o r the Vice-Chairman or a member under sub-section (2), the Chief Administrative OfFcer shall ..: once intimate the fact in writing to such person and report the same tu che Government. The

Government may, on their own motion, or on an application made by such persoh

within fifteen days of thc receipt by him of such intimation, restore him to his of iw

as the Chairman or the Vice-Chairinan or the member, as the case may be:

Provided that the Chairman or the Vice-Chairman or a member shall not be

so r es~ored more than twice during his term of office.

(4) Every casual vacancy in the o%ce of the Cl~airman or the Vice-Chairman or any membc~ of the market corn mittee shall ordic;!rily be filled up not later than three months from the date of occurrence of the vacancy by a i l ~ h nomination In

the manner prescribed :

Provided that no casual vacancy shall LE filled up within four inonthsbefore the

cxpiry of the term of office of the Chairman or the Vice-Chairman or the member in whose office the casual vacallcy has occurred. I

(5) The Chairman or the Vice.Chairman or the rnember nominaled to tit! up a casual vacaIlcv under sgb-section (4) shall hold office only so long as the Cha~rmslo or the Vice-Chairman or the member in whose place hc is nominated would have been entitled to hold office if the vacancy had not occurred. Explanation. -.For the purpose of this section, "casual vacancyw means a vacanoy occurring otherwise than by efflux of time.

(6) If at any time it appears to the Government that any person nominated by them as a member has shown himself to be unsuitable for his office, or has beeo

guilty of any misconduct or neglect which renders his removal expedient, the Government may, after giving him a,n opportunity of making his representation against the proposal by notizcation, remove such person from his office.

13. Any persoil nomlndt~u U,A;GL clause (a) or clause (b) of section 8 in his Nominated

capacity as a member of a particular body ~r the holder of a licence under sub-section to

(1) of section 21 shall, if he ceases to be a member of that body or the holder of that ceaseto ba

licence, as the case may be, for a psriod of more than three months, cease to be a a member in

member of the market Comrn~ttee. - certain cam.

14. Any member of the market committee nominated under clause (a), Resignation of

clause (b) or clause (c) of section 8 may t es ie his o$ce by tendering bjs members of resignation in wr~tinf: to the Chief Administrative Officer and such resigqatiop market shall be effective on its receipt by the Chief Administrative Officer. ~ommittcd.

15. A Chailman or a \iceChainnan of a market committee may resig? his Rosignationol

office by tender~ng his resignation in writing to the Govnrqment and the resignation Chairmanand

shaii be effective on its receipt by the Government. Vice-Chainnan of market

committee.

16. If at any time it appears to the Government that the Chairman or the Vice-Chairman of a ma~ket committee has shown himself to be unsuitable lor his office,or has been g~lilty of'~~iisconduct or neglect which renders his remcvalexpedient, vioa-chairmao

tkie G o ~ e r n m e ~ t may, after giving him an opport-mity of makiog his re~~sentr i t lon f marltat

dgainst the proposal, by notification, remove, such Chairman -or Vice-chairman, committee. as the case may be, from office.

17. The meetings, quorum and procedure of the market committee shall be Mcetinp o,

regulated in accordance with the bylaws made iri this behalf. market committee.

18. Every market committee shall establish in the market area such number of 1 mavkets providing such faalities, as the Governmenl may, from time to time, direct Establisbmem . for the w11ol:aale trade of the specified commoditv. +Fmark.ets. '

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3stablsbmdt at specla1 I

markets.

19. Notwithstanding anytlling contained in section1 8, where a market cc;m mitlec is satisfied that on account of the specialised nature of the wholesale trade of any specified commodity like fresh fruits, fresh vegetables, fresh flowers, or other pcrisl~ahle goods in any market area, it is expedient to ensure the efficient ~egulation of the wholesale trade of such specified commodity in such market area, the market committee may establish, in such market area, special market for such specified commodity.

CHArnR 111.

REGISTRATION OF WHOLESALE TRADERS AND WHOLESALL

TRADING IN SPECIFIED COMMODITY IN MARKET AREA

UNDER LICENCE.

20. (1) The Chief Administrative Officer of every market committee shall maintain a reglsre,, for every specified commodity for registering the wholesale traders, rn such form and in such manner as may be prescribed.

(2) As soon as may be, after any area is declared to be a market area for any specified commodity? the Chief Administrative Officer shall issue a notice in such form and publish it In such manner as may be prescribed,inviting all ,be whole- sale traders actively engaged in the wholesale trade of such specified commodity in the local area, to apply in writing to him for regictering themselves with the market committee. Such applicaPons shall be invited within such period as may be pres- cribed, calling upon the applicants to adduce evidence that the applicants have been actively engaged in the wholesale tradc of such specified commodity in the local area immediately before the date of publicaltion of the noufication under sub-section

(1) of section 4.

(3) Every person other than the persons referred to in sub-section (2) intending to carry on the wholesale trade of such specified commodity in any market a:ea shall also apply to the Chief Administrative Officer for registering his name wth the market committee.

(4) The application for such registration shall be made in such form and shall be accompanied by such fees aud documents as may be prescribed.

(5) The Chief Administrative Officer shall consider all applications received by hfm and if he is satisfied on making such further inquiry, ifany, as he may deem fit that an applicant was actively engaged in, or intending to carry on,the wholesale- trade, he shall include his name in the register maintained by him under sub-see tion (1) and inform the applicant accordingly. Every such registered wholesale

trader shall be eligible to get a licence as provided in section 21.

(6) If the Chief Administrative Officer refuses to register the name of any person who has applied for the same, he shall communicate his decision in writing with reasons therefor to such person:

Provided that no order under this sub-section shall be passed unless the person concerned is &en a reasonable opportunity of being heard.

(7) If the Chief Administrative Officer, on application made to him or information received by him or on his own motion, a satisfied afier such inquiry as he deems fit, that any entry in the register is erroneous or defective in any pmi- cu]ar or should be omitted on the ground that the person concerned has ceased to m Y on the wholesale trade in such specified commodity, he may, after giving the

a-d p s o n a reasonableopportunity of being heard, amend or omit the m~ry UI the regster.

((0 Any person aggrieved by any declsion of the Chief Admln~strative Officer

in regard to the refusal of registration ar amendment or omission of any e n t r ~ . ~ f

his name the register, may make an appeal in writing to the local aulhority within

s u d period as may be prescribed.

. . . t. - - -. v

12

I.AMJL NADU GOVERNMENT~GAZE~E E ~ A O R M N A ~ ~

-- -.-___-____ -.A -- --

(9) The decision of the Chief Administrative Offleer in re&il tb such regs-

bation, and where an appeal is made against such decision, the decision of the local authority, shall be fulal.

21. (1) On and after the date specified by. the IoCaI authority, by notification (hereafter In this secflcln referred to as the notified date), no person shall, within a market area.-

(a) set up, establish or use, or continue or allow to be csntinued, any place tor the wholesale trade of any specified commodity: or

(b) operate as weighman, measurer, trader, wareriouserhan or in any other capacity m relation to the wholesale trading of any specified comrnodity; or

(c) carry on any wholesale trade 6f any specified commodity in any place in the market q e a other than in the rnatket br special market, ds the case may bkz

exmpt under, and in accordance with the anditions of, a Ii&nce grantkd to him ih that behalf by ths market committee under this Act:

Pibvided tbdt-

? , . -- 0) All orders $ant& renewing, ,rghUsiqg to grant or re&iing t6 renew, osde?ing 01- suspending any licence &t~l!_bp in writing and no or& refusing b

@a& or renew or cancellihg or +uspendin& t,lience shall be m@e wit)rout giving

the pel.son' concerned a reasonable opportunity of statirrg hrs case ;

(ii) the reasons for any such refusal, cancellation or suspension of a lice~r .:

shall be recorded in writing ;

(iii) , the market cbmmittee shall not t=fdse to ba$t dd o!iitihf ficence to any

registered wholesale trader.

(2) Nothing contained in sub-section (1) shall apply to a ~arehoushi i ~6rf .x ) -

ration established or maintained by the State or Central Government pf ti wart. hoysernan licensed under the Tamil Nadu Warehouses Act, 1951 jn r $ Q ~ p i b i

storage, weighmeat clr measurement of any specified coinmodity a c ~ p t 6 d for warehousing.

(3) A Iicence under sub-section (I)' may be refused to a person,- , < I <

(a) whose licence was cancelled, and a period of t hee years has not elapsed since the date of the cancellation ; or

(b) who has been coniicted 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 sucn enqu~ry as I C considers adequate, that he is a benamidar for, ~r a partner with, any other person to whom a licence may be refused under clause (a) or clause (6).

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

(a) a Iiccnce granted under sub-section (I) has been obtained byllmisrepre- sentation or fraud, or

{b) the holder of a lience has conwavened, or failed to comply wlth, any or

the provisiulls of. ~hi-i Act or the rules or ,by laws made under this Act or any of th e conditions of the licence,

then, without prejudice to any other penalty to which the holder of the liceace & liable under this Act, the markst committee may, subject to such rules as

may be made in this behalf, cancel or suspsnd the lience, after givmg the h~lclw

of the licence a reasonable opportunity of showing cause agaiast such caorellatl~a or suspension.

- - 8 d?7\-,g

Wholesale

trading in

specified *

commodity ir\ market area to be regulatec- by licence.

13

Market

committee to

provide altmnativa - trading

facilities^to

registm"$ wholesal traders in

market. , - * - - --

(5 ) Any person aggrieved by the dccisioa of the mark~-t c;o~unirL~ce -

(a) refusing to grant, or

(b) cancelling or suspendin&

a licencz may, withm such time as may be prescribed, appeal to the local authoilty and t l~e local authority may make such order in the case as it may think fit.

(6) A licencegianted under sub-section (1) shall be valid foi a period of t h ~ ee years 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 liceace.

(7) Etiiy psrson to whom a license 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.

(8) (a) Notwithstanding anything contained In any law for the time being in force, no local authority, including the Madras City Municipal Corporation i

constituted under the Madras City Municipal Corporation Act, 1919 having juris- diction over the market area, shall, on and after the notified date, establish, authorise or continue, or allow to be established, authorised or continued, any place inl&= local areaincluding the market area as a market or a place'to c a b on the wholesale

G d e in respect of any specified commodity and any permission or licence already granted by ,such local authority shall stand cancelled on the notified date.

;(b) Upon (such cancellatioll of any permission or licence, if the holder of such ,peimission or licence refuses to discontinue his wholesale tra-le iⁿrt.apet of ! any specified commodity in the place ref_erpA to in clause (a), the market committee may, by notice in writing, direct such person, within a period of one month or such : further period as may be specified therein, to stop carrying on the wholesale trade I in such place.

(c) If any direction glven under clause (b) is not complied with, within

the time specified in the notice, the market comniittee may, without prejudice to any

penalty that may be imposed for any contravention of the provisions of this section, have such direction carried into effect at i + ~ crwt and have the amount thereor recovered from the defaulter in the same manner as arrears of land revenue.

(dl Upon such c~ncellation of any pernlission or licence, the holder of such ~ermission or licence shitH not be entitled to claim and receive any compensation, but shall. be entitled to claim and receive such amount towards refund of the fees

by him as is proportional to the unexpired period of such permission or licence.

22. (1) It shall ,be incumbent on the market committee tc provide every registered wholesale trader with suitable alternative facilities at such plams in the market, of such nature and size, and on s ~ ~ c h terms and conditions as the market committee may determine, to enable him to carry on his wholesale trade in Jbe

market :

Provided that if any such person hils to utilise the alternative facilities so pro- vided, within such period as may be prescribed, the liability of the market committee to- ,provide such facilities shall Lease.

(2) Any registered wholesale trader ;.ggrieved , by anythin; dcne by themarket committeeunder sub-section (l),may appeal to the l na l authority w~thin such period as may be p m c l ihed and the order of the local authority, on

ouoh appeal. shall be final:

provided that no orrier shall be passed by the local authority oo slicb appeal against any registered H llolcsale tia~ter *ithout qiving h h a reasol~able opportunitv of being heard.

w * r

14

1 A M l L NADU GOVERNMENT GAZETTE EXTRAORDINARY

'2.

129

- - ----_____--_--- - - --- . - - -

CHAPTER iV.

POWERS AND DUTIES OF MARKET COMMITTEE.

23. Without prejudice to the generality of the powers conferred and duties imposed upon it by or under this Act, a market committee may- duties of market

(1) construct, maintain and inanage the buildings or structures in the market

area ;

(2) provide, maintain and manage any instruments or implements reqrlired in the market;

(3) grant, renew, refuse, suspend or cancel licences to carry on wholesale trade in the market;

(4) regulate the entry of vehicular traffic into the market ar ea and JG; up check posts or erect barriers or both at such place or places as mu; be necessary;

(5) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of specified commodities;

(6) provide fcr tlle Iicengeec and other persons visiting the market, common services including transport. grading, weighing, restaurant?, petrol pumps, and * temporary accomii~odaiicrn for persons visiting the mzrket;

(7) enforce the provisions of this Act, rules, bylaws made thereunder and conditions of tPe !icences granted under this Act; and

(8) perform such other functions and duties as may, from. time to time, be necessary or expedient for the purpose of maintaining or managlng the market.

24. (1) It shall be competent to a market committee to levy and collect fees in such manner and at such rates as may be laid down in the bylaws,- Power of markei commi~ttetQ

(a) subject to the provisions of sub-section (2) of section 25, for stalls, levy f^ds. ?ffices, shops, godowns, and other open spaces in the market area;

(6) for the grant and renewal of licences;

(c) fbr any common services, amenities and fddlities provided o r arran- ged by the market committee;

(d) for the entry of vehicles and goods into the market are&; and

(e) for any other matter f ~ r which fee is to be o i may t>e levied and collec- ted by it.

( 2 ) Ti- _,-d-r det-rriLirj.~ .d; ."ze oi o thx a rnwnt paydblc unda this

4ct s h ~ l ! i.2 ~ 3 3 : l u j i . r ~ e l i d a c e in any pioxcutian Qr other proceediagq.

(3) The vdlidity 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 prosecdtion or other proceeding, whether urider this Act or otherwise.

&-Wm

25. (1) N~tw~thitanriing a~lything ~ontaincd in k c (2) of section S, a market mm- Rowlimb mttee shall not, except with the concurrence of the local authority and the previa~s

w,g sanztion of the Got~cr nment, transfer by sale, lease, exchange, mortgage or other- trander

any land or building vested in it or acquired by it and situated in the market area immovabl~ property of '

(2) Subject to tc e provisions of sab-section (I), the market committee may gT$,Ca

dispase of by sale, l e m . exchange, .n~rtgage or otherwise any building, sbll, rho^. stand, enclosure or things attacned to ahe land or pamauently fastened to aqything atr.nc;~ %d t~ ihe laid, subject to such condi~ioos and such limitatiors as mav bo dercrttirucd by bylaws made in that behalf.

15

130 TAMIL NADU GOVERNMENT GAZETTE EXTR .A0 R ? , J .-.. _ _ _ . _ _ __ -- - -.._- ._ -

Execul ion of 26. (1) Every contract entered into by the market comnlittee shall be in writing contracts by and si~?ll be signed on behalf of the market comnl ittee by tile Chai man, the Chief market ccmmittaa. Admirustrative Office1 and me other membsr of the market Cornnittee, or where a Special Weer has been appointed under sub-seetion (1) of sectim 42 in respcct of a market committee, such Special Officer and the Chief Administra~ive ORicer.

(2) No contract other than a cmtract executed as provided in sub-section (1:

shall be binding oxi the market committee.

I

Pow? to , 27. Any land acquired far the purpose of this Act shall bz dzsmzd to be

a w u ~ r 0 ~ a f i ~ land needed for a public purpose, within ths meaning of the Land Acquisition C e n t r a ! ~ ~ t I ~~~~&~ Act. 1894 and such land may be acquiied under the said Act. of 1894. &t, 1894.

Acquirition d 28. (1) Wheeie any land is required for the purposes of this Act, tile market

bud. committee may make an application to the Government for acquiring such land CmtralAa( I

under the Land Acquisition Act, 1894. of 1894.

(2) On receipt of an application under sub-section (I), if the Government are satisfied that the land specified in the a plication is needed for a public purpose CentralAct I

specified therein, they 'may acquire such d in accordance with the provisions- of 1894. of the Land hquisitlon Act, 1894.1

P,

' ~ ~ u m r s and~~er- 29. (1) There shall be a Chief Administrative Officer for every market

vaotsof mpfw conhilittee, who shall be appointed by the Government.

Snrrn- (2), The market committee may, with the appl oval of the local author ity, appbint other p a o 2 c e r s and servants as are necessary for the efficient pcrfor- - mance c: :.s functions.

(3)' The Chief Administrative ~ & c c r and other paid officers and servants of the market committee shall be whole time Government servants.

(4) The salaries, allowances, pensions and other remuneration of the Chief Administrative Officer and other paid oliiszrs and seivaltts df tne market committee shall be paid in the fixsl insttnce from the Consolida~ed Fund of the State and the market committee shall, out of the Market Committee Fund, repay to the

Government the amount paid by the Government under this sub-section.

(5) Notwithstandibg anming contained in this Act and subject to the pro- visions of Article 31 1 of he Caustitution, the Govzrnment may make rules r e g u l a u the conditions of service of the Chief Administrative Officzr and other paid officers and servants of the inarket coin)mittee.

Powers and dutias of Chief

Adddtrativa Qsar.

Acts ol a k 0 t committee not to be invalidated by irregu!arity, M-. etC*

30. (1) Subject to the supeiintendeqce, direction and control of tht: market comlliittee, all the executive functions of the market committee shall be exercised by the Chief Administrative Officer.

(2) h h o V $ piejudjce to the provisions of sub-section (I), the mef

Administrative Officer shall-

(I) supervise the financial and executiVe administration of the market C O ~ ( @ and exercise such powers a d perform' mch dFti& an'd functions as day bb con erred

or imposed upon him by tl is Act or the ruks niade thereunder; add rtrponslble fclr c o l l ' n 6f a11 suhs dLe to tfie market c ~ m m i t t ~ of all! sulhs paya61e 69 the darketi Comhiitte6

3 . H6 ict' efoii6' oi pro&di@' taked h d e r this A& by the market commiaw sb;all be invalidated merely on the ground-

b;r &iy vacancj; or deidt in the constitution of the market committm ; (4 of any defect or irregularity in the appointment of a person acting

a rneulwr thereof ; or

16

- - - - - A - - d - a & m - - . -I7 -

TAMIL NAD LJ GOVERNFAENT GAZETTE EXTRAORDINARY ¹³¹--

I-

-- --.---

(c) of : in7, defect or rrregularity in sucl~ act or proceeding nclr :$kcti?

t h e nierits t l ~ c C:ISL'.

CHAPTER V.

MARKET COMMITTEE FUND AND FINANCE

Markct

32. ⁽¹⁾All moneys received by a market committee shall be paid into a fund a,,,,,,,,,,.

to be calleil the "Market Cornmitt.: Fund". All expenditure incurred by the market Fund. committee under, or f.>r the purposes of, tilis 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 rnay be pres:iibed.

(2) (a) Every market committee shall, in addition to the amounts payable under sub-section (4) of section 29, out of the Market Cornn~ittee Fund pay to the Government tlie cost of any special or additional staff employed by the Government in consultation with the markel coqmittee for giving effect to the provisions of this Act in the market area.

(b) The Government shall determine the cost of special or additional staff and shall, where the staff is employed for the purpsses 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, 1 2 1 1

(3) A11 amount received to the credit of the Market Committee Fund shall .be kept or invested in such manner as may be prescribed.

33. Subject to the provisions of section 32, the amount standing to the P&yM$&

credit of the Market Committee Fund] may be expended for all or any of the %folio wing 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 lt

3s established ;

(b) establishment, maintenance and improve:inent of the markets and providing such facilities in the market as the Government may direct under section 18 ;

ecessary for the pur-

fety of the persons

(d) provision and maintenance of standard weights and measures ;

(e) paymt:nt of amount: to the Government under sub-section (4) ot

section 29 ; ( f ) payment 01 amount under sub-section (6) of section 42 ;

(g) payment of interest on loans that may be raised by the market committee for c~rrying out the plLrposes for which it is established and thc provision of a sinking fund in respect of such loans^;

(hj coIIectiotl and dissenlination of informstion regarding all matters relating

to s t ~ t i ~ t i ~ j .i.r:t w:i~l:inle tr:iding i n ;erpsct of th s spzcified commodities :

t' i p : i ; r I . : : J . I \ W S I > C ~ : p r e ~ i u m on t h - i nr>:anc; p;ljcq J I I O ~ b hel,i -1- A ' 5 :, . 2 I - g d , .'.?: -22 '-r?;z?:i;n j'.-dj 1 1 ?-:%.:j t~irn,;t A::, th?f:, fr,,d *.: : - e , - , 1 . I . . . - - J , . ,..< ,: :,q3 ,ni;k,::. ,;,.;, ,,:+;; ,,r .. J.',, ' , a ! ' > , ,;. ',j<./ ') , * ,, ,, ',, , ' I , 1 , , ,,

, , , , . , 1 - r .

I 1 I I . 4 , 5

17

I

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 133

> L --

: ~ 1 ! call for and examine the proceedings of the market committee; and

(e) exzlcise such other pawars as may be prescribed.

(2) The Iocal atdhority may issue si~ch directions as may be necessary to the

market colnmittee for carrying ~ u t thc purposes of this Act and if the market committee fails to c~in?ly with such diiections, thz local autharity or any officer autlzarisxI by it nlly dicect thc Cilicf Administrative Officzr to comply with such directions rind the Chief Administrative Officer shall forthwith comply with such^I directions.

I

39. (1) Any oricer, servant or member (including the Chairman and of ofticera,

Chairman) of the market committee shall lurnish such information in his possession servants or in regard to the anairs or proceedings of the market committee, as the local authority members to or any officer authorised by it or, as the case may be, any officcr authorised by the i'$t&hatiooto Government, may require hini so to do. local authority.

(2) An officer holding an enquiry into the afiairs of the market committee or examining the proceedings under section 38 shall have the same powers as are

ACI v of vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit

in respect of the following matters, namely :-

(u) discovery and inspection ;

(6) enforcing the attendance of any person and examining him on oath ; (,:) compelling the pr~duction of books of account and] other docu- ^I ments; and

( 6 1 ) issuing commissions.

40. Where the Ioccll authority or any officer authorised by it hasreason to believe s,j, ofawounk that thc books .tnd records of t5e market comlnittee are likely to be tampered with, books and othei or destroyed or the funds or prol~eriy of the market comm~ttei: art: llkely to be mis- documents.

appropliated, the local authority or an officer authorised by i t may seize and take possession of such books and records, funds and property cf the market committee, and the officers, servants cr ineinbers (including the Chirman and Vice-Chairman) of the market committee respot~sible for the custody of such books, records, funds and property shall give delivery thereof to the local authority or the officer so autho-

I

41. ~ h c Government m.ly," either on their own motion or on tne reconl- S,,-iOn of lne l&lion of thc local a^~thoril\~,by ordcr, s^11l)cl~~d~ Lhc markel commlltee, i^fIn market commirka

the opinion of the Government, it is not competent to perform or persistenlly makes default in performing the duties i~nposed on it by law or exceeds or abuses its power*

or , f In their opinion the financial stability of the mark1:t committee is threatened :

Provided that no such order shall be made by the Government without giving *arket committee an opportunity of being heard

42. (1) When a market committee is superseded under section 4 1. the Govern Appointmrot ry nlent stlalI, by order, appoint a Special OAicer for a period not exceeding one year spacial oHfcer

to manage the affairs of the msrket committee pending the constitutio:1 of a newv market comlaitteb or, a" t5e c?se may be, the enterin:: upon office by ;1 new market c~minrtlee :

provided th .t the period specified in sac11 order may, for special reasons to be

recorded in writin? by the Government, be extended from time to tlme, but such order shall not reniain in force for more than three years in the aggregate.

(2) A Special Officer n a y be appointed under sub-secti c n ( I ) for one or more , , . l rke t colnmiltc:s as the Govtr~iment may, bv order, specify.

18

I,,) 111' I I I ' I I I ( I 1 4 ' 1 ° I I ' I t l 1 , l ( I I I I ' , ' , , , ' , , . . t ! I : , :

I I , . I I ~ ~ C ~ o ~ ~ I I ~ I I I I I I ~ ~ 1 I ~ ~ I I I I ~ I , 8 ' I I I I : I I I I I I 1 I I< ' 1 1 O I ~ ~ C I ,

be t l c ~ ~ ~ ~ c ~ l l c j 11,tvc , i 1 1 . t i ! I I ~ . , I t , l l i ~ ~ : , , ; I I L!

(h) all the asscts vested in the malh;~ cotnn!itt~~ sl ,s~l , \ t i l > , ~ ~ t to ;111 Iraljilities, vest in the Government.

(4) The Goveinnle~ ! may, l,yordcr, trancfc~, lo t f c 51 cc L I ( , I f c: r : l r j -o i~~tcd under sub-scction ( I ) , the a\\ct\ and liabilitic5 , f 111: m:i~.i such trandcr. ,

( 5 ) Wl~crc ;I Spc.c.i:rl Ofi~c t.r i\ ,ippoit~tcd unl lcr '~l l;)-;~c~ii , l i ( i , .If.: ( , ~ , . ; ~ I I ~ ~ ; ~ ~ ~ ~ ~

rllcly ul)l~oi~rl arr atlvisoly I)o;lrd lo advisc l l~c !;l)cciLll Ofilc . I . I I I y r c ! ~ III :~[~CI.: , as may be specified by the Gover~inlent and the i dvisory ~ O L L I ~ shali c~i ls is t of the followjng members, namely:-

(a) three persons licensed under sub-section (1) of sectic!r~ 21 in the

market area; I (b) the Deputy Director of Agric~l t~~ral Nrrket~np having jurisdiction over the market area;

(c) two other officers of the Go~er~lment.

(6) The Governmen; may fix the remuneration payable to the Special Oficer appointed under sub-section ( I ) and the amount of remuneration so fixed and such other expenditure incidental to the manakement of the market committee, &rink:

the period of appointment of the Special O5cer as may be approved by the Govern- ment, shall be payable from the Market Committee Fund.

(7) At any time before the expiry of the period rererred l o in sub-section ( 1 1, the Government may constitute a new market committee in accordance with sectioll O

and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.

...-a P ~ ~ I E LA Spcc1a1 13. (1) When a Special Officer is appointed under section 42 during his term

t ! tticer. of office, all the powers vesting in, or exercisable by, and the duties and functions imposed on the market committee, the Chairman and the Vice-Chairman, by or under this Act or any other law for the tine being in force, shall vest in, and be exer- cised or, as the case may he, performed by the Special Oficer.

(2) The Speciai Officer may delegate such powers and entrust such duties and functions to the Chief Administrative Offlcer as he may deem necessary.

Delivery of 44. (1) Where a Special Officer is appointed under section 42 and such Special

poaesslon of Officer is resisted in, or prevented from, obtaining possession of the books, accounts,

records and documents, sectrities, cash and other properties, whether movable or immovable

properties Of of the market committee (hereafter in this section referred to as the records

committee' 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 arc kcpl sl~:ill, on uppliution by the Spcciui 0ilicci.r and on thc productioll of thc order of appoinlnient, and of a certificate by the local authority, in the pres- cribed form setting forth that the records and ~roperties mentioned therein belodg to the market committee, direct delivery to thc Special Officer of the possession of the records and properties of the market committee.

(2) Every applicationunder subsection (I) shall be accompanied by copies of the orders made under sub-sections (1) a1 d (4) of section 42.

(3) On receipt ot an application u:lder sub-section (I), the Metropolitan Magibuatr: or the Judicial Magistrate of the firs: class. as the case may be, shall by a wanant autho~jse any p~ l i ce officer not below the rank of a Sub-Inspector of Police

19

TAMlL NADU GOVERNMENT GA.ZETTE ~ ~ K A O R D I N A R Y 1 15

-- - - . - - -- - - - - ___ _-- .-------- , a- - I toenter and search any place where tilerecords and propertissof thz market

committee are kept or bdieved to be kept and to seize such records and properties 'I'he re33rds an3 prop-rties so s-ized shall be handed over to the Sptcial O.fl~cr.

(4) All s-~rcht; and sei~ures z , J a u a d x rills section shall be carr~ed out of in accordance with the provisions of the Code of Criminal Proczdure, 1973 relaring to search or seizure made under the authority of a warrant issued by a Magistra'e.

CHAPTER VII.

APPEAL AND REVISION.

a ' 45. (1) Save as otherwise p r o v ~ i a l in this Act, ail appeal from every Apml

original order pasred under this Act or. the rules or by laws made thereunder ' shall lk-

(i) if the order is made by ;he 'Chief Administrative OBlcer or any

pther &ar of the market committ~c, to the market cornmitt(c; .^,

. . * a

(ii) if Bhe order is made by the market committee, I to the 1^{.~1 ; .}- '* -

authetity; aad .^{I '} ' - - 1 , I

I

(iii) if the order is made. b) the local authority, to the Government. ' '

. z ,?,.,>O , , , ,

(2J In the case of* an or& passod i~ appeal by the market owamittee mr the

. L I,.>,! 3 * tcscal authority, a second appeal shall lie to the Govcmmnt. : !. . r ? . . , . ' - '

.,, I $ '- . @) No "oppoJ or ~ o ~ a d a$&l ihill'bi ehtertainedmlcs it is T*d wid&* s u d - period as -&y prescribq* ., - - i a , + . . !-.. . . . I ''L . 2.>+ *,..> . . . .

(4) No order preju&al to any person shall be paolcd in ady appal or S G ' Q ~ I I ~ i

unlno the pemn-mocerned & @yea, an opport,u~ty of being hard. i

46. (1) he ~iovsrnmct~t may. at any time, call tor and b h c - m d M my w k ~ conuqiw 0: iqcrl.a% oriw in rn- of any P~&O to a~ffy

' -d~tr.an; roi: (bepH b ~ : s u $ . m . or ths awrwtaey, W t y or &-ifr/ ifI aay,cwc, it agjprs* wjhim o £ a n y ~ d & ~ ~ n ~ o t . 0@f5w

i(. wmw itch wafi &..*-* W. -;kw 'b+etsa~ R rc~jitkd m c ~ @ i d c ~ $ b ' ? ? ~ $ $ ? ' ~ ~ ~ ~ ~ ~ ~ ---, . rmfl ~f4-4!T@ accordingiy : . - -, - , - L - - - F c. . +z b ', -: - . . . : t ' , r , ' * . -J. , . - . :&i,;, pr0j+4 ~ ~ ~ q q m s s i n g any or& andm this ~blCOfion8 the GVQ*

& # ?a*.;. *.-=-&.; ,?$$Z :=.is: . ,,; .-.a- .. . .. . , * ~ ~ : m ' @ 4 7 *, :.$$;'& - --:A ,;. :.

. ..'$i6) $& 5 fik&+& be pttjudi;;: d t0 t^t4l~md> @?pa such , remi& OppoitL;litf 3 ~&rliP~~~iepnse ~taiiotas ; and , .... ., .

, . , .

LT-.-.p%. : .*

.?,I:? : 69'n

psaaltio~,

. . . . . . . . . . .,. ; oy 01 under this Act. or ' . . . . * . .:: .:.,-; .<;

t , ,, .-4 :,

,. ;(b) wb& ,aeqbired by ' or under this Act to make any statemqnt or furnish .:. jnforNign, makes any statement or furnishes any informatloo which he knuws o r has oaust: to believe tc be fdlse, or not . true,' . , . -in any Inarerial particular, or

20

-_ -- - , - -.

(2) fiotwithstanding anything contained in sub-Jectibn (I); where a*-such

offence has been committed by a company and it is proved that the offggw hasbeen

committed with the consent or connivance of, or is attributable to, any neglect on the part of any director,, manager, sec-etary or othek officer of the company, srzcb

director, manager , secretary or other officer shall alse be decme3 to be guilty of the offence and shall be liable to bo proceeded aga'inst and punish:d accordingly. ? . ".

association of individuals, and

, 8 0

CHAlPTER IX. MISCELLANEOUS. %

1

(2) (a) No suit, prosecution or other proceeding shali lie ajainst the Chairman or VicedChairman or Chief Administrative Officer or any officer or servant of the

market committee fan anything which is in goad faith done or intended to be doat under this Act or any rule, by law or notification" idsued u'ndcr this Act.

1 i

, . .~ . e.' I F , . I

I

21

I ^(e) t : f3:s t'l may be levied bythe-ms&tqqqpittce.i J czsp;;ct dl 11 ,.I,. ..^{.. I,}

r . %i granted 01 re11ew:d under section 21 and the reoovqy ~f,such fees ; > I ; ? , , . F^.,,- ,^{? I.. +, + -}

t ( f ) th: p:o::dure for determination of fks ad the mcinnar of C G ~ I W ~ ~ ~ ,, , , thereof ; . I . - , ' I ? ,

(g) th : f ~ r m in which, and the cmditions subject to w:~ich, t:ls Ii;:n~;'iix4 :I ^I sub-s-ction ( I ) of section 21 may be issued or r e n e p d ;

8 , .

(11) tll!: p~cparation of plans and estimates for war@ propsid ro t~ -c 'Ae trust :d p vily ,r w'lolly at the expense of the market committee, and r;tk giirnl Lt sanction to :L:c:~ plals z.nd estimates;^{,' -}

, ' I .

( i ) t112 ~ rx ;dvre to befollow:d by th,:n*lrbt co* nitt :-ia respect bfiinhctii matt:rs pn:ially. including the mann:r in whic:~, aa?4 t-1: re~t:~,:ti~n; and cJn;li:iGns subjcct t3 w:lic:~, cx 3enditure may he incurred by it ;

\

(j) tile fdrm in which the accounts of the ma; ket conlm7 tees silall be kcp , the n:~dit a.iJ pxjli: :tizn of such axounts and the c;lug:s, if '1 W, t~ b: m ~ d e for

such c~udrt ;

( 1 0 t : ~ : p -cparation and submission for approval of an annajL b~tdge! an ! the r z - ~ ~ r t s and returns to be furnIs:~ed by the Ciizf Ad:ninistrativ:

ORic:. of I k L. 111 l;kzt committee ; ( I ) the in~s tment and dispssal of the surplus f.~:ll of t:~: 1&3ik;t

co~nrnittc-;

(nz) th: tnA:~ods of recruitment and canditions of servi~s of &:I : Chid- Ad,ili:~ijt:.rr~v~ O.E;*r, offic.:rs aad othy~r servants of the inlrkzt cJ.nnitt:s ;

( n ) til: t ; . ~ el ling and other allowc~nczs thrt mzy b; p l i l ' t ~ 'ti.: m: n ' ~ : r Q,

the offis:rs a11 'i:rv.lnts of the market committee ;

( 0 ) t?ir: rn rmer in which the iqpectiqn .of the market c~m-nittee s:l~ll be

kcld ; @) the procedure to be followed in respect of rzoeipts anf dbp~si lo f M I V k e t

Committe.: Fund and matters connected thereto ; and^'

I

66. (1) Sghject to the rules made by the Governmerlt under section 65, - - ~111 rn~rkel c l r n nltlee may, with the previous approval of ths Gov:rnn:nt, in respet & luw, ,.t th: m1rk:t ar31 tor which it was esraSlishs3, maks bylaws for the regulation ot the business and the conditions of trading therein aad tor such other matters relating to tho day to-dl,, regulation and administration ot markets itlzluJiag market and o:nler charges and any other matter for which provision is t J be or may be made

in tfl: bvlaws :

(9) any other matter which has to be, or :may be prescribed. I

I

(3) Any rule made under this section may provide that any contravention

--3

Provid-d thlt where a market cbmiittee 'fails to make bylaws undcr this

sljo-j:ction w ~ t h ~ n o e mahth from the date of its constitution unclsr section 8, the local aurhnr~ty m iy, with the praviotu saactioa of the Govsrnn:nt, make such bylaws as it thinks nt ancl the bylaws so made shall be deemed to hs bylaws made bv the

msrknt c ~ r l l u r r t - c and may bj amended or varied by ti15 locsl authority or by the ;oar:e; =;;m nitt::, with tlls przvious approval of thv- Government

I

r . ' . . - > ; . '

(2) ~ , l y c r y t m ~ maue u n m tn~s sectiod mav prov~de tnat an7 couttarentioo

sh~ \ i h,- pnishable with fiw which m.iv eaten3 to three tiundted ru-.

thereof or any of th: co~lditions 01 aay licence issusd ~ n d e r ,this Act shall be punishat)le

wlth Iinc which niav extend to cine thousand and five hurdred rupees.¹

22

140 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

67. (1) (a) All rules madeunder this Aot shall bs published i n the 'Tumil Nadu and ~ o r e m r ~ a t Gazette, and, unless they are expread to c3n: into lomo on a pa~tioular

Om odt:e *a d.~, shall come into force on the day on which they are so published.

ei$htiv* krombb* (b) AU notifications issued under this Act shall, unless they are expressccl

to Come lnb form on a particular day, corns into force on the day 011 which they

are publish&,

(2) Every rule, ordx or notification made or issued by the Government under this Act shall, as soon as pbssible after it is insd3 or issued, be placed on the table of the Legislative Assembly and if, before thz expiry of the session in which it is so placed or the n2xt session, the Lsgislativa Ass~mbly makes any modification in any such rule or orde~ or notificatiox, or th.: Le?islative Assembly decides that

the rule or order or notification shodd ^n~tb: n ~^i: or iswed, ths ruls or ordcr or notification shall t ereafter hiva eJ:st oalj in 3121 m ~ l i f i s 1 form or be of no

23