ACTS (ENGLISH)

© GOVERNMENT OF TAMIL NADU 2024

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 2.40 Paise.

No. 31] CHENNAI, WEDNESDAY, JANUARY 31, 2024 Thai 17, Sobakiruthu, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 30th January 2024 and is hereby published for general information:—

ACT No.1 OF 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:-

Short title and 1. (1) This Act may be called the Tamil Nadu Agricultural

commencement.

Produce Marketing (Regulation) Second Amendment Act, 2023.

(2) It shall come into force on such date as the State

Government may, by notification, appoint.

Tamil Nadu Act

Amendment of 27 of 1989.

section 2.

2. 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:-

Central Act

1 of 1956.

"(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;";

[ 1 ]

IV-2 Ex. (31)TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 2 Substitution of

3. For section 7-D of the principal Act, the following section

section 7-D.

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.".

Insertion of new

4. After section 7-D of the principal Act, as so substituted, the

section 7-E.

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.".

Amendment of

5. In section 8-A of the principal Act, for sub-section (1),

section 8-A.

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.";

Insertion of new

6. After section 8-A of the principal Act, as so amended, the

sections 8-B and following sections shall be inserted, namely:-

8-C.

"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.".

Amendment of

section 10.

7. 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;".

Amendment of 8. In section 24 of the principal Act,-

section 24.

(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.".

Insertion of new 9. After section 46 of the principal Act, the following section

section 46-A.

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.".

Substitution of

10. For the Schedule to the principal Act, the following Schedule

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).".

(By Order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU