ACT
No. 31 OF 2020 [17th October 2020] An Act further to
amend the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 BE it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-first Year of the
Republic of India as follows:- (1)
This Act may be called the
Tamil Nadu Agricultural Produce Marketing (Regulation) Second Amendment Act,
2020. (2)
Sections 6, 7, 8, 9, 10 and
15 shall be deemed to have come into force on the 29th day of May 2020 and the
remaining sections shall come into force on such date as the State Government
may, by notification, appoint. (1)
in clause (8), the words
“for such area as may be specified in the notification” at the end shall be
omitted; (2)
the existing clause (8-a)
shall be renumbered as clause (8- b) and before clause (8-b) as so renumbered,
the following clause shall be inserted, namely:- “(8-a) “Direct
marketing” in relation to agricultural produce, means direct wholesale purchase
of agricultural produce from the producers by the processors, exporters or bulk
buyers outside the markets, special and subsidiary markets, private market
yards or private market sub-yards;”; (3)
after clause (16), the
following clauses shall be inserted, namely:- “(16-a) “private market
sub-yard” means any place declared to function as a private market sub-yard
under section 7-B; (16-b) “private
market yard” means a private market yard established under section 7-A;”; (4)
after clause (23), the
following clause shall be added, namely:- “(24) “unified market
area” means the whole of the State of Tamil Nadu except the notified market area
declared under sub-section (2) of section 6.”. “7-A. Establishment
of private market yard.- (1)
Subject to such conditions
as may be prescribed, the Director may grant licence to any person to establish
a private market yard anywhere in the unified market area for trading in
agricultural produce. (2)
Every application for grant
of licence under this section shall be made to the Director in such form and
manner together with such fee as may be prescribed. (3)
A licence granted under
sub-section (1) shall be valid for a period of three years. (4)
The Director may grant or
refuse to grant licence or renew or refuse to renew licence or suspend the
licence on such grounds as may be prescribed by recording reasons for such
refusal or suspension. (5)
Any person aggrieved by an
order made under sub-section (4) may prefer an appeal to the Government within
thirty days from the date of receipt of the order: Provided that the
Government may grant a further time of thirty days for preferring an appeal, if
the appellant is prevented from making such appeal for sufficient reasons. (6)
The private market yard
licensee or its management committee, by whatever name called, may register
market functionaries including traders with such fee as may be prescribed to
operate in the private market yard. (7)
The private market yard
licensee or its management committee, may collect user charge on the
agricultural produce traded in the private market yard, at the rate ad valorem
not exceeding the rate as may be prescribed: Provided that the
rate so prescribed under this sub-section shall not be lower than the rate
prescribed under sub-section (1) of section 24: Provided further that
no user charge shall be collected from a producer who sells any agricultural
produce: Provided also that no
user charge shall be collected more than once on any agricultural produce
bought or sold in the unified market area. (8)
The private market yard
licensee shall contribute, of such user charge collection and registration fee,
in such percentage as may be prescribed to the Market Development Fund formed
under section 45. (9)
The private market yard
licensee shall formulate a Standard Operating Procedure for conduct of business
and activities ancillary thereto in the private market yard in accordance with
the rules as may be prescribed. (10)
Nothing contained in
sub-sections (2) and (3) shall apply to- (a)
a person who purchases any
agricultural produce for his own domestic consumption in any quantity not
exceeding such quantity as may be prescribed; (b)
a person who purchases any
agricultural produce for his own seed purposes in any quantity not exceeding
such quantity as may be prescribed. 7-B. Establishment of private market sub-yard.-
(1)
The Government may, by
notification, declare a warehouse, silo, cold storage, other such structure or
place with such infrastructure and other facilities as may be prescribed, to
function as a private market sub-yard. Explanation.-The
expression ‘place’ shall include any structure, enclosure, open space,
locality, street including pack house / cleaning, grading or processing unit. (2)
The owner of a private
market sub-yard so declared shall apply for licence to the Director in such
form and in such manner together with such fee as may be prescribed. (3)
A licence granted for a
private market sub-yard shall be valid for a period of three years. (4)
The Director may grant or
refuse to grant licence, renew or refuse to renew licence or suspend the
licence on such grounds as may be prescribed by recording reasons for such
refusal or suspension. (5)
Any person aggrieved by an
order made under sub-section (4) may prefer an appeal to the Government within
thirty days from the date of receipt of the order: Provided that the
Government may grant a further time of thirty days for preferring an appeal, if
the appellant is prevented from making such appeal for sufficient reasons. (6)
The private market sub-yard
licensee shall collect user charge on the agricultural produce transacted at
the market sub-yard, at the rate ad
valorem not exceeding the rate as may be prescribed: Provided that no user
charge shall be collected from a producer who sells any agricultural produce. (7)
The private market sub-yard
licensee shall contribute of such user charge collection in such percentage as
may be prescribed to the Market Development Fund formed under section 45. 7-C. Direct
marketing.- (1)
In the proximity of a
production area or within a designated food park, collection or aggregation
centre may be set up by a person with infrastructure, as may be prescribed,
with linkages to retail chain, or processing/export unit/premises, or any other
such unit/premises, as may be prescribed for the marketing of any agricultural
produce. Explanation.- For the
purpose of this sub-section, “designated food park” means food processing units
set up in well defined agricultural or horticultural zones and designated as
such, by the Ministry of Food Processing Industries, Government of India. (2)
Notwithstanding anything
contained under sub-section (1), direct marketing may also be carried out
outside the market, private market yard, or private market sub-yard by
declaring the place of such purchase, without establishment of any collection
or aggregation centre, as may be prescribed. (3)
Any person may apply for
licence for direct marketing to the Director in such form and in such manner
together with such fee as may be prescribed. (4)
A licence granted for direct
marketing shall be valid for a period of three years. (5)
The Director may grant or
refuse to grant licence, renew or refuse to renew licence or suspend the
licence on such grounds as may be prescribed by recording reasons for such
refusal or suspension. (6)
Any person aggrieved by an
order made under sub-section (5) may prefer an appeal to the Government within
thirty days from the date of receipt of the order: Provided that the
Government may grant a further time of thirty days for preferring an appeal, if
the appellant is prevented from making such appeal for sufficient reasons. (7)
Direct marketing licensee
shall have to maintain records and accounts relating to daily trade
transactions and shall submit monthly report in such form as may be prescribed,
to the Director. (8)
The Director may seek any
additional information from the direct marketing licensee and may also inspect
and issue direction relating to functioning of such wholesale purchases and activities
incidental thereto. (9)
The direct marketing
licensee shall be liable to pay fee on wholesale purchases at a rate of not
less than one rupee but not exceeding two rupees for every hundred rupees of
the aggregate amount for which the agricultural produce is bought or sold. The
said fee shall be credited to the Market Development Fund formed under section
45. 7-D. Dispute
settlement.- Any dispute arising
between or among licensees of e-trading, direct marketing, private market yard
or private market sub-yard shall be referred to the Director for settlement. (1)
for the marginal heading,
the following marginal heading shall be substituted, namely:- “Trading in notified
agricultural produce in notified market area.-”; (2)
in sub-section (1), for the
expression “No person shall, within a notified area,-” the expression “No person
shall, within a notified market area,-” shall be substituted. Section 6.
Substitution of section 14. “14. Deputy Director
of Agriculture (Agri Business) to be ex-officio member.- The Deputy Director of
Agriculture (Agri Business) 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 Deputy Directors of Agriculture
(Agri Business) in-charge of marketing having jurisdiction over different
portions of a notified area, one of such Deputy Directors of Agriculture (Agri
Business) as the Government may specify in this behalf.’’. (1)
for sub-section (1), the
following shall be substituted, namely:- “(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 exceeding two rupees
for every hundred rupees of the aggregate amount as may be prescribed for which
the notified agricultural produce is bought or sold whether for cash or for
deferred payment or other valuable consideration: Explanation.- In the
determination of the amount of the fee payable under this Act, any fraction
less than fifty paise shall be disregarded and any fraction of fifty paise or
exceeding fifty paise shall be regarded as one rupee.”; (2)
sub-sections (3) and (4)
shall be omitted; (3)
for sub-section (5), the
following sub-section shall be substituted, namely:- “(3)
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.”. (1)
in the proviso to
sub-section (1), for the words “nine years”, the words “nine years and six
months” shall be substituted; (2)
in sub-section (5), for
clause (c), the following clause shall be substituted, namely:- “(c)
the Deputy Directors of Agriculture (Agri Business) in-charge of marketing
having jurisdiction over the notified area referred to in section 14.”. Section 10. Amendment of section 35. In section 35 of the
principal Act, in sub-section (2), in clause (b), for the expression “Land
Acquisition Act, 1894 (Central Act I of 1894)”, the expression “Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Central Act 30 of 2013)” shall be substituted. “37-A. Powers and
functions of the Chief Executive Officer.- Subject to the superintendence of the
Board, the Chief Executive Officer shall- (i)
exercise supervision and
control over officers and staff of the Board; (ii)
arrange for the meetings of
the Board and maintain records of the proceedings of the meetings of the Board; (iii)
take such steps as deemed
necessary for execution of the decision of the Board; (iv)
supervise and inspect the
construction or repair work of buildings, undertaken by the Market Committees;
and (v)
discharge such other
functions, as may be authorised by the Board, from time to time. “(6)
to grant, renew, suspend or cancel licence for establishing or operating
private market yard, market sub-yard, and for direct marketing; (7)
to launch prosecution for contravening the provisions of section 7A, 7B or 7C
or the rules made thereunder; (8)
to ensure timely and proper conduct of the elections of the Chairman and
Vice-Chairman of the Market Committee and Vice-President of the Board; (9)
to accept the resignation of the Chairman or Vice-Chairman of the Market
Committee.”. “(1)
The Government may make rules for carrying out all or any of the provisions of
this Act.”. (1)
in sub-section (1), for the
words “the Board”, the words “the Board or the Director” shall be substituted; (2)
in sub-section (2),- (i)
in clause (a), for the words
“the market committee”, the words “the market committee or the Director” shall
be substituted; (ii)
in clause (b), for the word
“the Board”, the words “the Board or the Director” shall be substituted. Section 17. Amendment of section 57. In section 57 of the
principal Act, for the word “the Board”, the words “the Board or the Director”
shall be substituted. Section 18.
Amendment of section 58. In section 58 of the
principal Act, in sub-section (2), for the word “the Director”, the words “the
marketing committee or the Director” shall be substituted. Section 19.
Amendment of section 59. Section 59 of the
principal Act shall be renumbered as sub-section (1) of that section and after
sub-section (1) as so re-numbered, the following sub-section shall be added,
namely:- “(2)
All sums due from the licensees of private market yard, private market
sub-yard, e-trading or direct marketing either by way of fee or otherwise under
this Act or the rules may be recovered in the same manner as arrears of land
revenue.”. (1)
The Tamil Nadu Agricultural
Produce Marketing (Regulation) Second Amendment Ordinance, 2020 is hereby
repealed. (2)
Notwithstanding such repeal,
anything done or any action taken under the principal Act, as amended by the
said Ordinance, shall be deemed to have been done or taken under the principal
Act, as amended by this Act.Tamil
Nadu Agricultural Produce Marketing (Regulation) Second Amendment Act, 2020
In section 2 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act,
1987 (hereinafter referred to as the principal Act),-
After section 7 of the principal Act, the following sections shall be inserted,
namely:-
In section 8 of the principal Act,-
In section 8-A of the principal Act, in sub-section (1), for the words “any
notified agricultural produce in any notified market area”, the words “any
agricultural produce” shall be substituted.
For section 14 of the principal Act, the following section shall be
substituted, namely:-
In section 17 of the principal Act, for the expression, “Land Acquisition Act,
1894 (Central Act I of 1894)”, the expression “Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Central Act 30 of 2013)” shall be substituted.
In section 24 of the principal Act,-
In section 33 of the principal Act,-
In section 37 of the principal Act, sub-section (4) shall be omitted.
After section 37 of the principal Act, the following section shall be inserted,
namely:-
In section 46 of the principal Act, after clause (5), the following clauses
shall be added, namely:-
In section 50 of the principal Act, for the words “the market committee”, the
words “the market committee or the Director, as the case may be,” shall be
substituted.
In section 52 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:-
In section 55 of the principal Act,-