Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987
No: 27 Dated: May, 17 1988
THE TAMIL NADU AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1987
(Tamil Nadu Act 27 of 1989)
An Act to amend and consolidate the law relating to, and to make better provisions for, the regulation of buying and selling of agricultural produce and the establishment and proper administration of markets for agricultural produce in the State of Tamil Nadu.
WHEREAS it is expedient to provide for the better regulation of buying and silling of agricultural produce and the establishment and proper administration of markets for agricultural produce in the state of Tamil Nadu;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987.
(2) It extends to the whole of the State of Tamil Nadu.
(3) The provisions of sub-sections (2) and (4) of section 22 and sub-sections (5) and (7) of section 37 shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas and for different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "agricultural produce" means any produce of agriculture, whether processed or unprocessed, specified in the Schedule;
(2) "agriculture" includes horticulture, fruit growing, seed growing, animal husbandry (including breeding of livestock), apiculture, piscicultue and sericulture and "agricultural" shall be construed accordingly;
(3) "Board" means the Tamil Nadu State Agricultural Marketing Board established under section 35;
(4) "broker" means an agent who, in consideration of a commission, fee or remuneration, contrives, makes and concludes a bargain or contracts on behalf of his principal, for the purchase or sale of any agricultural produce, but does not receive, deliver, transport or pay for the purchase or collect payment for the sale of the agricultural produce;
(5) "Chairman" means the Chairman of a market committee;
(6) "Collector" means the Collector of the district in which the notified area is situated or, if such area is situated in two or more districts, the Collector of one of those districts designated by the Government in that behalf;
(7) "commission agent" means a person, who, by himself or through his servants buys and sells agricultural produce for another person keeps it in his custody and controls it during the process of its purchase and sale, and collects payment therefore from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in each transaction;
(8) "Director" means the Director of Agricultural Marketing, Tamil Nadu, and includes any other person or authority authorised by the Government, by notification, to perform any of the functions of the Director under this Act for such area as may be specified in the notification;
(9) "Government" means the State Government;
(10) "market" means any market established under sub-section (1) of section 6 and shall, except in sub-sections (1) and (2) of that section, include a subsidiary market;
(11) "market committee" means any market committee established under subsection (1) of section 5;
(12) "notified agricultural produce" means any agricultural produce specified in the notification under section 3;
(13) "notified area" means any area notified under section 4 as altered by any notification under sub-section (1) of section 9;
(14) "notified market area" means any area notified under sub-section (2) of section 6 as altered by any notification under sub-section (1) of section 9;
(15) "person" means an individual or a firm or a company or an association or a body of individuals, whether incorporated or not, or a local authority.
Explanation. - In this clause, "local authority" shall have the same meaning assigned to it in clause (20) of section 3 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939);
(16) "President" means the President of the Board;
(17) "processing" means any one or more of a series of treatments such as powdering, crushing, decorticating, husking par-boiling, polishing, ginning, pressing, curing, pastuerising or any other manual, mechanical, chemical, physical or other treatment to which raw agricultural produce or its product are subjected to, to make it fit for marketing or ultimate consumption;
(18) "producer" means any person who grows, rears, or produces by himself, or by hired labour, or otherwise, any agricultural produce in an extent of land not less than half an hectare, but does not include a broker or a trader in that produce, although he may grow, rear or produce that produce:
Provided that for the purposes of clauses (a) and (c) of sub-section (2) of section 10, a person shall not be deemed to be a producer, unless he has grown, reared, or produced the notified agricultural produce for. a period of not less than three years immediately preceding the date of occurrence of the vacancy against which he is to be nominated.
If any question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Collector shall, subject to the provisions of section 60, be final. In arriving at a decision, the Collector shall follow such procedure as may be prescribed.
Explanation. - For the purpose of this clause, "producer" shall also include a tenant;
(19) "Registrar" means the Registrar of Co-operative Societies for the State of Tamil Nadu;
(20) "Schedule" means the Schedule to this Act;
(21) "Secretary" means the Secretary of a market committee and includes a Joint, Deputy or Assistant Secretary;
(22) "subsidiary market" means any subsidiary market established under subsection (3) of section 7;
(23) "trader" means a person who buys, sells, stocks, processes, treats or in any way deals with any notified agricultural produce either for himself or as a partner or as an agent of one or more persons and includes a commission agent, del credere agent or any other mercantile agent but does not include a broker.