TNAPM Act 8Chapter II · Market Committees

Section 8 · Trading in agricultural produce in notified area

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(1)

No person shall, within a notified area,-

(a)

set up, establish or use, or continue or allow to be continued, any place for the purchase or sale, storage, weigh men t, measurement or processing of any notified agricultural produce, or

(b)

operate as a broker, weighman, measurer, trader, ware-houseman or in any other capacity in relation to the buying and selling of any notified agricultural produce, except under, and in accordance with the conditions of, a licence' granted to him by the market committee:
Provided that the market committee may exempt from the provisions of this sub-section any person who carries on the business of purchasing or selling, storing, weighing, measuring or processing any notified agricultural produce in any quantity not exceeding such quantity as may be prescribed:Provided further that a producer selling, storing, weighing, measuring or processing any notified agricultural produce which has been grown, reared or produced by him, or a co-operative marketing society selling, storing, weighing, measuring of processing any notified agricultural produce which has been grown, reared, or produced by any of its members, shall be exempt from the provisions of this sub-section, but the Government may withdraw, for such period as may be prescribed, such exemption in respect of any such producer or co-operative marketing society or all of them.Explanation. - "Co-operative marketing society" means any co-operative society registered or deemed to be registered under the [Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961)] [Now Tamil Nadu Co-operative Societies Act, 1983.] which has, as its principal object, the promotion of the marketing of the agricultural produce grown, reared or produced by its members.

(2)

Nothing contained in sub-section (1) shall apply to-

(a)

a person purchasing any notified agricultural product for his own domestic consumption in any quantity not exceeding such quantity as may be prescribed;

(b)

a person purchasing any notified agricultural produce for his own seed purposes in any quantity not exceeding such quantity as may be prescribed;

(c)

a Ware-housing Corporation established or maintained by the State or Central Government or a warehouseman licensed under the Tamil Nadu Warehouses Act, 1951 (Tamil Nadu Act XV of 1951) in respect of storage, weighment or measurement of any notified agricultural produce accepted fop warehousing.

(3)

Notwithstanding anything contained in sub-section (1), no person shall, after the date to be notified by the Government in this behalf in the Tamil Nadu Government Gazette, purchase or sell any notified agricultural produce in a notified market area outside the market in that area.Explanation. - For the purpose of this sub-section, purchase or sale shall, unless otherwise prescribed, mean the purchase or sale in the first point in the notified market area.

(4)

A licence under sub-section (1) may be refused to a person-

(a)

whose licence was cancelled, and a period of three years has not elapsed since the date of the cancellation; or

(b)

who has been convicted 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 such enquiry as it considers adequate, that he is a benamidar for, or a partner with, any other person to whom a licence may be refused under clause (a) or clause (b).

(5)

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

(a)

a licence granted under sub-section (1) has been obtained by misrepresentation or fraud, or

(b)

the holder of a licence has contravened, or failed to comply with, any of the provisions of this Act or the rules, or by-laws made under this Act or any of the conditions of the licence, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the market committee may, subject to such rules as may be made in this behalf, cancel or suspend the licence, after giving the holder of the licence a reasonable opportunity of showing cause against such cancellation or suspension.

(6)

Any person aggrieved by the decision of the market committee,-

(a)

refusing to grant, or

(b)

canceling or suspending,
a licence may, within such time as may be prescribed, appeal to the Board and the Board may make such order in the case as it may think fit.

(7)

A licence granted under sub-section (1) shall be valid for a period of-

(a)

three years in respect of a person who carries on the I msiness, by wholesale, of purchasing or selling any notified agricultural produce;

(b)

one year in respect of others, 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 licence,

(8)

Every person to whom a licence is granted under sub-sect ion (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.

(9)

Every person licensed or liable to pay fee or any other amount under this Act shall keep and maintain a true and correct account and such other records showing such particulars as may be specified in the by-laws of the market committee and shall submit such periodical returns relating to his business transaction including processing as may be prescribed, to the market committee in such manner and within such period as may be prescribed, together with the fee or other amount due on the basis of the return.

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