[1 OF 2024] [30th January 2024] 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-fourth Year of the Republic of India as follows:- (1)
This
Act may be called the Tamil Nadu Agricultural Produce Marketing (Regulation)
Second Amendment Act, 2023. (2) It shall come into force on such date as the State Government may, by
notification, appoint. In
section 2 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act,
1987 (hereinafter referred to as the principal Act),- (1) after clause (8-b), the following clause shall be inserted, namely:- "(8-c) "Farmer Producer Company" means a producer company
formed and registered as such, by a group of agricultural farmers, under the Companies
Act, 1956;"; (2) after clause (14), the following clause shall be inserted, namely:- "(14-a) "online trading platform" means an electronic
platform, for conduct of trading in any agricultural produce and for matters
connected therewith, provided under section 8-B;"; For
section 7-D of the principal Act, the following section shall be substituted,
namely:- "7-D. Dispute resolution.- Any dispute arising between or among
licensees of direct marketing, private market yard or private market sub-yard,
licence holders under section 8-A, markets, including special and subsidiary
markets shall be referred to the Secretary of the market committee concerned
for resolution. The Secretary shall resolve the issue in a summary manner
within thirty days, after giving the parties to the dispute, a reasonable
opportunity of being heard.". After
section 7-D of the principal Act, as so substituted, the following section
shall be inserted, namely:- "7-E. Appeal.- (1)
Any
person aggrieved by an order of the Secretary passed under section 7-D, may
within thirty days from the date of receipt of such order, prefer an appeal in
such form and manner as may be prescribed, to the Director, who shall be the
Appellate authority. (2)
The
Appellate authority shall, within thirty days, dispose of every appeal after
giving the parties a reasonable opportunity of being heard: Provided
that the Appellate authority may entertain an appeal after the expiry of the
said period, if sufficient cause is shown by the appellant for not preferring
the appeal within the time limit. (3)
The
Appellate authority, may, if it considers necessary so to do, grant a stay on
the order appealed against for such period as it may deem fit. (4)
The
order passed on an appeal shall be final and binding on the parties.". In
section 8-A of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) Notwithstanding anything
contained in section 8, the Director or an officer authorised by him in this
behalf, may grant licence to a person for buying, selling or operating in any
other capacity, in relation to buying or selling of any agricultural produce
throughout the State through online trading platform or otherwise. Every
application for grant of licence shall be made in such form and manner and
accompanied by such fee, as may be prescribed."; After
section 8-A of the principal Act, as so amended, the following sections shall
be inserted, namely:- "8-B. Online trading platform.- (1)
No person
shall establish and operate an online trading platform without obtaining a
licence under this section. (2)
Every
application for grant of a licence to establish and operate an online trading
platform shall be made to the Director or any officer authorised by him in such
form and in such manner together with such fee and a bank guarantee not less
than rupees ten lakhs as may be prescribed. (3)
The
Director or any such officer authorised by him either grant or refuse to grant
a licence: Provided
that no application for grant of licence shall be rejected, unless the
applicant has been given a reasonable opportunity of being heard. (4)
A
person who has been granted licence under this section shall provide all
infrastructure facilities and services connected to online trading platform, as
may be prescribed. (5)
The
licensee is entitled to collect user charge on every online sale transaction of
any agricultural produce at such rate as may be fixed by the market committee
not exceeding the fee levied under section 24: Provided
that no user charge shall be collected from the producer of that agricultural
produce. (6) Trading of agricultural produce through online trading platform shall be
made in such manner as may be prescribed. 8-C. Intergration with online
trading platform.- A licensee of private market yard or private market sub-yard
may apply for permission to the Government or any of its agency for integration
with online trading platform, in such form and in such manner, as may be
prescribed.". In
section 10 of the principal Act, in sub-section (2), for the proviso to clause
(a), the following provisos shall be substituted, namely:- "Provided
that one of the farmers shall be from a Farmer Producer Company: Provided
further that where more than one agricultural produce has been notified in
respect of any notified area, such nomination shall, as far as practicable,
secure the interests of the producers of all the notified agricultural produces
in that notified area;". In
section 24 of the principal Act,- (1) to sub-section (1), the following proviso shall be added, namely:- "Provided
that no fee shall be levied more than once on any notified agricultural produce
bought or sold in any notified market area within the State."; (2) to sub-section (2), after the proviso, the following proviso shall be
added, namely:- "Provided
further that the burden of proving that any notified agricultural produce is
not liable for levy of fee or the fee payable has already been paid under this
section, shall lie on the person claiming such non-liability or such payment,
as the case may be.". After
section 46 of the principal Act, the following section shall be inserted, namely:- "46-A. Powers, functions and duties of the Secretary.- The
Secretary shall,- (i)
be the
chief executive officer of the market committee; (ii)
carry
into effect the resolutions passed by the market committee; (iii)
exercise
control and superintendence over the staff of the market committee; (iv)
ensure
collection of fees and other moneys leviable by or due to the market committee; (v)
account
for all the moneys received and payments made on behalf of the market
committee; (vi)
attend
the meetings of the market committee and sub-committees and take part in the
discussion: Provided
that the Secretary shall have no right to vote; (vii)
tender
advice on matters referred to by the market committee; (viii)
supervise
all construction works in the markets; (ix)
undertake
inspection of the markets to ensure its proper functioning.". For
the Schedule to the principal Act, the following Schedule shall be substituted,
namely:- "THE SCHEDULE [See
section 2(1)] Names
of Agricultural Produce (1)
Paddy. (2)
Cholam
(Jowar). (3)
Cumbu
(Bajra). (4)
Ragi. (5)
Maize. (6)
Thinai. (7)
Kudiraivali. (8)
Varagu. (9)
Samai. (10)
Red
gram (Thuvarai- whole). (11)
Black
gram (Ulundu- whole). (12)
Green
gram (Pachaippairu- whole). (13)
Bengal
gram (Kondakadalai- whole). (14)
Lab
(Mochai). (15)
Cowpea
(Karamani). (16)
Horse
gram (Kollu). (17)
Moth
Bean. (18)
Groundnut
(Pods or Kernels-Whole). (19)
Gingelly
or Sesamum seeds or Ellu. (20)
Castor
(Pods or seeds). (21)
Sunflower
seeds or Kernels. (22)
Cotton
seeds. (23)
Neem
seeds. (24)
Tobacco. (25)
Gloriosa
superba seeds. (26)
Tapioca
tubers. (27)
Chillies
or Red chillies. (28)
Garlic. (29)
Coriander
(Dhania seeds). (30)
Cardamom. (31)
Arecanut
(whole or splits). (32)
Tamarind
(with or without skin and seeds). (33)
Cashew
nuts. (34)
Ginger
(inji, sukku). (35)
Turmeric
in all forms (bulb or finger). (36)
Sugarcane
Jaggery (Jaggery powder, brown sugar). (37)
Palmgur
Jaggery. (38)
Raw
rubber in all forms, pale latex crepe, sole crepe and centrifuged latex rubber,
all grades of rubber sheets including estates brown crepe grades. (39)
Silk
cotton in all forms. (40) Coconut (in all forms except tender coconut).".The Tamil Nadu
Agricultural Produce Marketing (Regulation) Second Amendment Act, 2023