IV-2 Ex. (31)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2024

[Price: Rs. 2.40 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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.

[ 1 ]

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.

Short title and

commencement.

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

Government may, by notification, appoint.

Tamil Nadu Act

27 of 1989.

2. In section 2 of the Tamil Nadu Agricultural Produce

Marketing (Regulation) Act, 1987 (hereinafter referred to as the

principal Act),—

Amendment of

section 2.

(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;”;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Substitution of

section 7-D.

3. 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.”.

Insertion of new

section 7-E.

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.”.

Amendment of

section 8-A.

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.”;

Insertion of new

sections 8-B and

8-C.

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.”.

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:-

Amendment of

section 10.

“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;”.

8. In section 24 of the principal Act,-

(1) to sub-section (1), the following proviso shall be added,

namely:-

Amendment of

section 24.

“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.”.

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

shall be inserted, namely:-

Insertion of new

section 46-A.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“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

Schedule.

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

shall be substituted, namely:-

“THE SCHEDULE

[See section 2(1)]

Names of Agricultural Produce

Paddy.

Cholam (Jowar).

Cumbu (Bajra).

Ragi.

Maize.

Thinai.

Kudiraivali.

Varagu.

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).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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