The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996

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The Tamil Nadu Specified Commodities Markets (Regulation of Location) Act,

Act 24 of 1996

Keyword(s): Local Area, Local Authority, Market Area, Market Committee, Registered Wholesale Trader, Sale, Specified Commodity

Nu. 4221 MADRAS, MONDAY, AUGUST 26, 1996 Aavani 1 1, Thadhu. '.ihinnvalluvar Aandu -2027 . . Tamil Nadu Acts and Ordinanem. C r) ARRANGEMENT OF SECTIOHS.

(1) This Act may be called the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force in the Madras Metropolitan Planning Area at once and in any other local area, on such date as the Government may, by notification, appoint and different dates may be appointed for different local areas.

(1) Whenever local authority of any local area, for the purpose of decongesting any part of the local area, considers necessary to shift the commercial activities in respect of any specified commodity to places outside such part, such local authority may, by notification, specify its intention to recommend and to call upon the Government to declare any other area in such local area to be a market area in respect of such specified commodity as specified in such notification. (2) (a) The notification shall state that any objection or suggestion which may be received by the local authority, within such period as may be specified in the notification, will be considered by it. (b) A copy of the notification shall also be published in such other manner as may be prescribed. (3) After the expiry of the period specified in the notification under sub-section (1), and after considering the objections and suggestions as may be received before such period, and after considering the interest of the wholesale traders carrying on business in such specified commodity and such other factors, if any, the local authority shall recommend to the Government to declare such area to be a market area in such local area in respect of such specified commodity as specified in the notification under sub-section (1): Provided that the local authority may make recommendation in respect of more than one specified commodity to be shifted to the same area to be a market area under this section.

(1) (a) The Government may, after considering the recommendation of the local authority, by notification, declare such area as may be specified in the notification to be a market area in respect of such specified commodity as may be specified in the notification. (b) A copy of the notltication shall also be published in such other manner as may be prescribed. (2) A notification under section 3 or under sub-section (1) shall have full force and effect notwithstanding any irregularity or defect in the publication of such notification.

Every market committee shall be deemed to be a local authority for the purposes of the Land Acquisition Act, 1894 and the Local Authorities Loans' Act, 1914.

(1) The Government may, by notification, with effect on and from such date as may be specified in the notification, (a) include any area in, or exclude any area from, any market area ; (b) divide any market area into two or more separate market areas ; (c) amalgamate two or more market areas into one market area ; (d) declare that the wholesale trade of any specified commodity in any market area shall cease or that the wholesale trade of any specified commodity hitherto not carried on shall be carried on in any market area : provided that the power conferred by this section shall, in relation to any market area or specified commodity, be subject to the provisions of sections 3 and 4. (2) When the limits of the market area for which a market committee is established are altered under sub-section (1), the Government may, by notification and from such date as may be specified in the notification, direct that, (a) the market committee shall stand dissolved and its members shall vacate their offices as such members : (b) a new market committee shall be established and constituted for the new market area in accordance with the provisions of sections 5 and 8 ; (c) the licence, if any, granted by the dissolved market committee shall be deemed to have been granted by the new market committee having jurisdiction and shall continue to have effect accordingly for the remainder of the period for which it was granted; (d) there shall be transferred to the new market committee such portion of the dissolved market committee's funds and other assets, debts and obligations as the Government may, by order, direct and the rights and liabilities of the dissolved market committee in respect of civil, and criminal proceedings, contracts, agreements and every other matter or thing arising in, or relating to, any part of the market area within the jurisdiction of the new market committee, shall vest in the new market committee.

(1) The Chief Administrative Officer of every market committee shall maintain a register for every specified commodity for registering the wholesale traders, in such form and in such manner as may be prescribed. (2) As soon as may be, after any area is declared to be a market area for any specified commodity, the Chief Administrative Officer shall issue a notice in such form and publish it in such manner as may be prescribed, inviting all the wholesale traders actively engaged in the wholesale trade of such specified commodity in the local area, to apply in writing to him for registering themselves with the market committee. Such applications shall be invited within such period as may be prescribed, calling upon the applicants to adduce evidence that the applicants have been actively engaged in the wholesale trade of such specified commodity in the local area immediately before the date of publication of the notification under sub-section (1) of section 4. (3) Every person other than the persons referred to in sub-section (2) intending to carry on the wholesale trade of such specified commodity in any market area shall also apply to the Chief Administrative Officer for registering his name with the market committee. (4) The application for such registration shall be made in such form and shall be accompanied by such fees and documents as may be prescribed. (5) The Chief Administrative Officer shall consider all applications received by him and if he is satisfied on making such further inquiry, if any, as he may deem fit that an applicant was actively engaged in, or intending to carry on, the wholesale trade, he shall include his name in the register maintained by him under sub-section (1) and inform the applicant accordingly. Every such registered wholesale trader shall be eligible to get a licence as provided in section 21. (6) If the Chief Administrative Officer refuses to register the name of any person who has applied for the same, he shall communicate his decision in writing with reasons therefor to such person: Provided that no order under this sub-section shall be passed unless the person concerned is given a reasonable opportunity of being heard. (7) If the Chief Administrative Officer, on application made to him or information received by him or on his own motion, is satisfied after such inquiry as he deems fit, that any entry in the register is erroneous or defective in any particular or should be omitted on the ground that the person concerned has ceased to carry on the wholesale trade in such specified commodity, he may, after giving the person a reasonable opportunity of being heard, amend or omit the entry in the register. (8) Any person aggrieved by any decision of the Chief Administrative Officer in regard to the refusal of registration or amendment or omission of any entry of his name in the register, may make an appeal in writing to the local authority within such period as may be prescribed. (9) The decision of the Chief Administrative Officer in regard to such registration, and where an appeal is made against such decision, the decision of the local authority, shall be final.

(1) On and after the date specified by the local authority, by notification (hereafter in this section referred to as the notified date), no person shall, within a market area.—(a) set up, establish or use, or continue or allow to be continued, any place for the wholesale trade of any specified commodity: or (b) operate as weighman, measurer, trader, warehouserman or in any other capacity in relation to the wholesale trading of any specified commodity; or (c) carry on any wholesale trade of any specified commodity in any place in the market area other than in the market or special market, as the case may be exmpt under, and in accordance with the conditions of, a licence granted to him in that behalf by the market committee under this Act: Provided that—(i) All orders granting, renewing, refusing to grant or refusing to renew, cancelling or suspending any licence shall be in writing and no order refusing to grant or renew or cancelling or suspending a licence shall be made without giving the person concerned a reasonable opportunity of stating his case; (ii) the reasons for any such refusal, cancellation or suspension of a licence shall be recorded in writing; (iii) the market committee shall not refuse to grant or renew licence to any registered wholesale trader. (2) Nothing contained in sub-section (1) shall apply to a warehousing corporation established or maintained by the State or Central Government or a warehouserman licensed under the Tamil Nadu Warehouses Act, 1951 in respect of storage, weighment or measurement of any specified commodity accepted for warehousing. (3) 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). (4) 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 is 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. (5) Any person aggrieved by the decision of the market committee—(a) refusing to grant, or (b) cancelling or suspending a licence may, within such time as may be prescribed, appeal to the local authority and the local authority may make such order in the case as it may think fit. (6) A licence granted under sub-section (1) shall be valid for a period of three years 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. (7) Every person to whom a license is granted under sub-section (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. (8) (a) Notwithstanding anything contained in any law for the time being in force, no local authority, including the Madras City Municipal Corporation constituted under the Madras City Municipal Corporation Act, 1919 having jurisdiction over the market area, shall, on and after the notified date, establish, authorise or continue, or allow to be established, authorised or continued, any place in the local area including the market area as a market or a place to carry on the wholesale trade in respect of any specified commodity and any permission or licence already granted by such local authority shall stand cancelled on the notified date. (b) Upon such cancellation of any permission or licence, if the holder of such permission or licence refuses to discontinue his wholesale trade in respect of any specified commodity in the place referred to in clause (a), the market committee may, by notice in writing, direct such person, within a period of one month or such further period as may be specified therein, to stop carrying on the wholesale trade in such place. (c) If any direction given under clause (b) is not complied with, within the time specified in the notice, the market committee may, without prejudice to any penalty that may be imposed for any contravention of the provisions of this section, have such direction carried into effect at his cost and have the amount thereof recovered from the defaulter in the same manner as arrears of land revenue. (d) Upon such cancellation of any permission or licence, the holder of such permission or licence shall not be entitled to claim and receive any compensation, but shall be entitled to claim and receive such amount towards refund of the fees paid by him as is proportional to the unexpired period of such permission or licence.

(1) It shall be incumbent on the market committee to provide every registered wholesale trader with suitable alternative facilities at such places in the market, of such nature and size, and on such terms and conditions as the market committee may determine, to enable him to carry on his wholesale trade in the market: Provided that if any such person fails to utilise the alternative facilities so provided, within such period as may be prescribed, the liability of the market committee to provide such facilities shall cease. (2) Any registered wholesale trader aggrieved by anything done by the market committee under sub-section (1), may appeal to the local authority within such period as may be prescribed and the order of the local authority, on such appeal, shall be final: provided that no order shall be passed by the local authority on such appeal against any registered wholesale trader without giving him a reasonable opportunity of being heard.

Without prejudice to the generality of the powers conferred and duties imposed upon it by or under this Act, a market committee may: (1) construct, maintain and manage the buildings or structures in the market area; (2) provide, maintain and manage any instruments or implements required in the market; (3) grant, renew, refuse, suspend or cancel licences to carry on wholesale trade in the market; (4) regulate the entry of vehicular traffic into the market area and set up check posts or erect barriers or both at such place or places as may be necessary; (5) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of specified commodities; (6) provide for the licensees and other persons visiting the market, common services including transport, grading, weighing, restaurants, petrol pumps, and temporary accommodation for persons visiting the market; (7) enforce the provisions of this Act, rules, bylaws made thereunder and conditions of the licences granted under this Act; and (8) perform such other functions and duties as may, from time to time, be necessary or expedient for the purpose of maintaining or managing the market.

(1) It shall be competent to a market committee to levy and collect fees in such manner and at such rates as may be laid down in the bylaws,—(a) subject to the provisions of sub-section (2) of section 25, for stalls, offices, shops, godowns, and other open spaces in the market area; (b) for the grant and renewal of licences; (c) for any common services, amenities and facilities provided or arranged by the market committee; (d) for the entry of vehicles and goods into the market area; and (e) for any other matter for which fee is to be or may be levied and collected by it. (2) The bill for determination of fee or other amount payable under this Act shall be sufficient evidence in any prosection or other proceedings. (3) The validity of the levy or collection of any fee or other amount made under this Act or the liability of any person to any fee or other amount so assessed or levied shall not be questioned in any criminal court in any prosecution or other proceeding, whether under this Act or otherwise.

(1) Notwithstanding anything contained in sub-section (2) of section 5, a market committee shall not, except with the concurrence of the local authority and the previous sanction of the Government, transfer by sale, lease, exchange, mortgage or otherwise any land or building vested in it or acquired by it and situated in the market area. (2) Subject to the provisions of sub-section (1), the market committee may dispose of by sale, lease, exchange, mortgage or otherwise any building, stall, shop, stand, enclosure or things attached to the land or permanently fastened to anything attached to the land, subject to such conditions and such limitations as may be determined by bylaws made in that behalf.

(1) Every contract entered into by the market committee shall be in writing and shall be signed on behalf of the market committee by the Chairman, the Chief Administrative Officer and one other member of the market Committee, or where a Special Officer has been appointed under sub-section (1) of section 42 in respect of a market committee, such Special Officer and the Chief Administrative Officer. (2) No contract other than a contract executed as provided in sub-section (1) shall be binding on the market committee.

Any land acquired for the purpose of this Act shall be deemed to be land needed for a public purpose, within the meaning of the Land Acquisition Act, 1894 and such land may be acquired under the said Act.

(1) Where any land is required for the purposes of this Act, the market committee may make an application to the Government for acquiring such land under the Land Acquisition Act, 1894. (2) On receipt of an application under sub-section (1), if the Government are satisfied that the land specified in the application is needed for a public purpose specified therein, they may acquire such land in accordance with the provisions of the Land Acquisition Act, 1894.

(1) There shall be a Chief Administrative Officer for every market committee, who shall be appointed by the Government. (2) The market committee may, with the approval of the local authority, appoint other officers and servants as are necessary for the efficient performance of its functions. (3) The Chief Administrative Officer and other paid officers and servants of the market committee shall be whole time Government servants. (4) The salaries, allowances, pensions and other remuneration of the Chief Administrative Officer and other paid officers and servants of the market committee shall be paid in the first instance from the Consolidated Fund of the State and the market committee shall, out of the Market Committee Fund, repay to the Government the amount paid by the Government under this sub-section. (5) Notwithstanding anything contained in this Act and subject to the provisions of Article 311 of the Constitution, the Government may make rules regulating the conditions of service of the Chief Administrative Officer and other paid officers and servants of the market committee.

(1) Subject to the superintendence, direction and control of the market committee, all the executive functions of the market committee shall be exercised by the Chief Administrative Officer. (2) Without prejudice to the provisions of sub-section (1), the Chief Administrative Officer shall (a) supervise the financial and executive administration of the market committee and exercise such powers and perform such duties and functions as may be conferred or imposed upon him by this Act or the rules made thereunder; and (b) be responsible for the collection of all sums due to the market committee and the payment of all sums payable by the market committee.

No act or proceeding taken under this Act by the market committee shall be invalidated merely on the ground: (a) of any vacancy or defect in the constitution of the market committee; (b) of any defect or irregularity in the appointment of a person acting as a member thereof; or (c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.

(1) All moneys received by a market committee shall be paid into a fund to be called the "Market Committee Fund". All expenditure incurred by the market committee under, or for the purposes of, this Act shall be defrayed out of the said fund; and any surplus remaining after such expenditure has been met shall be invested in such manner as may be prescribed. (2) (a) Every market committee shall, in addition to the amounts payable under sub-section (4) of section 29, out of the Market Committee Fund pay to the Government the cost of any special or additional staff employed by the Government in consultation with the market committee for giving effect to the provisions of this Act in the market area. (b) The Government shall determine the cost of special or additional staff and shall, where the staff is employed for the purposes of more than one market committee, apportion such cost among the market committees concerned in such manner as they think fit. The decision of the Government determining the amount payable by any market committee shall be final. (3) All amount received to the credit of the Market Committee Fund shall be kept or invested in such manner as may be prescribed.

Subject to the provisions of section 32, the amount standing to the credit of the Market Committee Fund may be expended for all or any of the following purposes, namely :- (a) acquisition or requisitioning of any site or building or purchase of other assets for the market committee for carrying out the purposes for which it is established ; (b) establishment, maintenance and improvement of the markets and providing such facilities in the market as the Government may direct under section 18 ; (c) construction and repair of buildings necessary for the purposes of the market committee and for the health, convenience and safety of the persons working in the market; (d) provision and maintenance of standard weights and measures ; (e) payment of amount to the Government under sub-section (4) of section 29 ; (f) payment of amount under sub-section (6) of section 42 ; (g) payment of interest on loans that may be raised by the market committee for carrying out the purposes for which it is established and the provision of a sinking fund in respect of such loans ; (h) collection and dissemination of information regarding all matters relating to statistics and market intelligence within the markets in respect of the specified commodities ; (i) payment of premium on the insurance policies of the properties of the market committee.

TAMIL NADU GOVERNMENT GAZETPE EXTRAORDINARY .-- j 119

(1) Any officer, servant or member (including the Chairman and Vice-Chairman) of the market committee shall furnish such information in his possession in regard to the affairs or proceedings of the market committee, as the local authority or any officer authorised by it or, as the case may be, any officer authorised by the Government, may require him so to do. (2) An officer holding an enquiry into the affairs of the market committee or examining the proceedings under section 38 shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely :- (a) discovery and inspection ; (b) enforcing the attendance of any person and examining him on oath ; (c) compelling the production of books of account and other documents; and (d) issuing commissions.

Where the local authority or any officer authorised by it has reason to believe that the books and records of the market committee are likely to be tampered with, or destroyed or the funds or property of the market committee are likely to be misappropriated, the local authority or an officer authorised by it may seize and take possession of such books and records, funds and property of the market committee, and the officers, servants or members (including the Chairman and Vice-Chairman) of the market committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the local authority or the officer so authorised.

The Government may, either on their own motion or on the recommendation of the local authority, by order, supersede the market committee, if in the opinion of the Government, it is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers or if in their opinion the financial stability of the market committee is threatened: Provided that no such order shall be made by the Government without giving the market committee an opportunity of being heard.

(1) When a market committee is superseded under section 41, the Government shall, by order, appoint a Special Officer for a period not exceeding one year to manage the affairs of the market committee pending the constitution of a new market committee or, as the case may be, the entering upon office by a new market committee: Provided that the period specified in such order may, for special reasons to be recorded in writing by the Government, be extended from time to time, but such order shall not remain in force for more than three years in the aggregate. (2) A Special Officer may be appointed under sub-section (1) for one or more market committees as the Government may, by order, specify. (3) On the issue of an order under sub-section (1) appointing a Special Officer, all the members of the market committee shall vacate their offices. (4) The Government may, by order, transfer to the Special Officer appointed under sub-section (1), the assets and liabilities of the market committee as on the date of such transfer. (5) Where a Special Officer is appointed under sub-section (1), the Government may appoint an advisory board to advise the Special Officer in such matters as may be specified by the Government and the advisory board shall consist of the following members, namely:- (a) three persons licensed under sub-section (1) of section 21 in the market area; (b) the Deputy Director of Agricultural Marketing having jurisdiction over the market area; (c) two other officers of the Government. (6) The Government may fix the remuneration payable to the Special Officer appointed under sub-section (1) and the amount of remuneration so fixed and such other expenditure incidental to the management of the market committee during the period of appointment of the Special Officer as may be approved by the Government, shall be payable from the Market Committee Fund. (7) At any time before the expiry of the period referred to in sub-section (1), the Government may constitute a new market committee in accordance with section 6 and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer. (3) (h) all the assets vested in the market committee shall, subject to all liabilities, vest in the Government. (4) The Government may, by order, transfer to the officer appointed under sub-section (1), the assets and liabilities of the market committee on the date of such transfer. (5) Where a Special Officer is appointed under sub-section (1), the Government may, if they think fit, appoint an advisory board to advise the Special Officer on such matters as may be specified by the Government and the advisory board shall consist of the following members, namely:— (a) three persons licensed under sub-section (1) of section 21 in the market area; (b) the Deputy Director of Agricultural Marketing having jurisdiction over the market area; (c) two other officers of the Government. (6) The Government may fix the remuneration payable to the Special Officer appointed under sub-section (1) and the amount of remuneration so fixed and such other expenditure incidental to the management of the market committee, during the period of appointment of the Special Officer as may be approved by the Government, shall be payable from the Market Committee Fund. (7) At any time before the expiry of the period referred to in sub-section (1), the Government may constitute a new market committee in accordance with section 6 and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.

(1) Where a Special Officer is appointed under section 42 and such Special Officer is resisted in, or prevented from, obtaining possession of the books, accounts, records, documents, securities, cash and other properties, whether movable or immovable of the market committee (hereafter in this section referred to as the records and properties of the market committee), by any person who is not entitled to be in possession of the records and properties of the market committee, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of the market committee or the records and properties of that market committee is situate or are kept shall, on application by the Special Officer and on the production of the order of appointment, and of a certificate by the local authority, in the prescribed form setting forth that the records and properties mentioned therein belong to the market committee, direct delivery to the Special Officer of the possession of the records and properties of the market committee. (2) Every application under subsection (1) shall be accompanied by copies of the orders made under sub-sections (1) and (4) of section 42. (3) On receipt of an application under sub-section (1), the Metropolitan Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by a warrant authorise any police officer not below the rank of a Sub-Inspector of Police to enter and search any place where the records and properties of the market committee are kept or believed to be kept and to seize such records and properties. The records and properties so seized shall be handed over to the Special Officer. (4) All searches and seizures made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 relating to search or seizure made under the authority of a warrant issued by a Magistrate.

a ' 45. (1) Save as otherwise prov~ial in this Act, ail appeal from every Apml original order pasred under this Act or. the rules or by laws made thereunder ' shall lk- (i) if the order is made by ;he 'Chief Administrative OBlcer or any pther &ar of the market committ~c, to the market cornmitt(c; ., . . *a (ii) if Bhe order is made by the market committee, I to the 1.~1 ; . - '* - authetity; aad . I ' '- - 1 ,I I (iii) if the order is made. b) the local authority, to the Government. ' ' . z ,?,.,>O , , , , (2J In the case of* an or& passod i~ appeal by the market owamittee mr the . L I,.>,! 3 * tcscal authority, a second appeal shall lie to the Govcmmnt. : !. . r? . . , . ' - ' .,, I$ '- . @) No "oppoJ or ~o~ad a$&l ihill'bi ehtertainedmlcs it is T*d wid&* sud - period as -&y prescribq* ., - - ia, + . . !-.. . . . I ''L . 2.>+ *,..> .... (4) No order preju&al to any person shall be paolcd in ady appal or SG'Q~II~ i unlno the pemn-mocerned & @yea, an opport,u~ty of being hard. i 46. (1) he ~iovsrnmct~t may. at any time, call tor and bhc-md M my wk~ conuqiw 0: iqcrl.a% oriw in rn- of any P~&O to a~ffy ' -d~tr.an; roi: (bepH b~:su$.m . or ths awrwtaey, Wty or &-ifr/ ifI aay,cwc, it agjprs* wjhim o£any~d&~~n~ot . 0@f5w i(. wmw itch wafi &..*-* W. -;kw 'b+etsa~ R rc~jitkd mc~@idc~$b'??~$$?'~~~~~~~ ---, . rmfl ~f4-4!T@ accordingiy : . - -, -, -L--- F c. . +z b ', -: - . . .:t',r, ' * . -J. , . -. :&i,;, pr0j+4 ~~~qqmssing any or& andm this ~blCOfion8 the GVQ* &# ?a*.;. *.-=-&.; ,?$$Z :=.is: .: ,,; .-.a- .. .. .. . ,*~~:m'@47 *, :.$$;'& - --:A ,;. :. . ..'$i6) $& 5 fik&+& be pttjudi;;: d t0 tt4l~md> @?pa such , remi& OppoitL;litf 3 ~&rliP~~~iepnse ~taiiotas ; and , .... ., . , ., . LT-.-.p%. : .* .?,I:? : 69'n psaaltio~, . ......... .,. ; oy 01 under this Act. or ' .... • . .:: .:.,-; .<; t, ,, .-4 :, ,. ;(b) wb& ,aeqbired by ' or under this Act to make any statemqnt or furnish .:. jnforNign, makes any statement or furnishes any informatloo which he knuws or has oaust: to believe tc be fdlse, or not . true,' . ,. -in any Inarerial particular, or -_ -- -- , - -. (2) fiotwithstanding anything contained in sub-Jectibn (I); where a*-such offence has been committed by a company and it is proved that the offggw hasbeen committed with the consent or connivance of, or is attributable to, any neglect on the part of any director,, manager, sec-etary or othek officer of the company, srzcb director, manager , secretary or other officer shall alse be decme3 to be guilty of the offence and shall be liable to bo proceeded aga'inst and punish:d accordingly. ? . ". association of individuals, and ,8 0 CHAlPTER IX. MISCELLANEOUS. % (2) (a) No suit, prosecution or other proceeding shali lie ajainst the Chairman or VicedChairman or Chief Administrative Officer or any officer or servant of the market committee fan anything which is in goad faith done or intended to be doat under this Act or any rule, by law or notification" idsued u'ndcr this Act. 1 i , . .~ . e.' IF, . I I I (e) t : f3:s t'l may be levied bythe-ms&tqqqpittce.i J czsp;;ct dl 11 ,.II,. .. .. I, r . %i granted 01 re11ew:d under section 21 and the reoovqy ~f,such fees ; >I; ?,,. F ., ,- ,? I.. +, + - t (f) th: p:o::dure for determination of fks ad the mcinnar of CG~IW~~~ ,, , , thereof ; . I. - , 'I? , (g) th : f~rm in which, and the cmditions subject to w:~ich, t:ls Ii;:n~;'iix4 :I I sub-s-ction (I) of section 21 may be issued or renepd ; 8 ,. (11) tll!: p~cparation of plans and estimates for war@ propsid ro t~ -c 'Ae trust :d p vily ,r w'lolly at the expense of the market committee, and r;tk giirnl Lt sanction to :L:c:~ plals z.nd estimates; ,' - , 'I . (i) t112 ~rx;dvreto befollow:d by th,:n*lrbt co* nitt :-ia respect bfiinhctii matt:rs pn:ially. including the mann:r in whic:~, aa?4 t-1: re~t:~,:ti~n; and cJn;li:iGns subjcct t3 w:lic:~, cx 3enditure may he incurred by it ; \ (j) tile fdrm in which the accounts of the ma; ket conlm7 tees silall be kcp , the n:~dit a.iJ pxjli: :tizn of such axounts and the c;lug:s, if '1 W, t~ b: m~de for such c~udrt ; (10 t:~ : p -cparation and submission for approval of an annajL b~tdge! an ! the rz-~~rts and returns to be furnIs:~ed by the Ciizf Ad:ninistrativ: ORic:. of I k L. 111 l;kzt committee ; (I) the in~stment and dispssal of the surplus f.~:ll of t:~: 1&3ik;t co~nrnittc-; (nz) th: tnA:~ods of recruitment and canditions of servi~s of &:I : Chid- Ad,ili:~ijt:.rr~v~ O.E;*r, offic.:rs aad othy~r servants of the inlrkzt cJ.nnitt:s ; (n) til: t;.~ el ling and other allowc~nczs thrt mzy b; plil't~ 'ti.: m: n'~:r Q, the offis:rs a11 'i:rv.lnts of the market committee ; (0) t?ir: rn rmer in which the iqpectiqn .of the market c~m-nittee s:l~ll be kcld ; @) the procedure to be followed in respect of rzoeipts anf dbp~silo of M IV k e t Committe.: Fund and matters connected thereto ; and ' I 66. (1) Sghject to the rules made by the Governmerlt under section 65, - - ~111 rn~rkel clrn nltlee may, with the previous approval of ths Gov:rnn:nt, in respet & luw, ,.t th: m1rk:t ar31 tor which it was esraSlishs3, maks bylaws for the regulation ot the business and the conditions of trading therein aad tor such other matters relating to tho day to-dl,, regulation and administration ot markets itlzluJiag market and o:nler charges and any other matter for which provision is t J be or may be made in tfl: bvlaws : (9) any other matter which has to be, or :may be prescribed. I I (3) Any rule made under this section may provide that any contravention --3 Provid-d thlt where a market cbmiittee 'fails to make bylaws undcr this sljo-j:ction w~th~n one mahth from the date of its constitution unclsr section 8, the local aurhnr~ty m iy, with the praviotu saactioa of the Govsrnn:nt, make such bylaws as it thinks nt ancl the bylaws so made shall be deemed to hs bylaws made bv the msrknt c~rllurrt-c and may bj amended or varied by ti15 locsl authority or by the ;oar:e; =;;m nitt::, with tlls przvious approval of thv- Government I r. '. . -> ; .' (2) ~,ly crytm~ maue unm tn~s sectiod mav prov~de tnat an7 couttarentioo sh~\i h,- pnishable with fiw which m.iv eaten3 to three tiundted ru-. thereof or any of th: co~lditions 01 aay licence issusd ~nder ,this Act shall be punishat)le wlth Iinc which niav extend to cine thousand and five hurdred rupees. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 67. (1) (a) All rules madeunder this Aot shall bs published in the 'Tumil Nadu and ~oremr~at Gazette, and, unless they are expread to c3n: into lomo on a pa~tioular Om odt:e *a d.~, shall come into force on the day on which they are so published. ei$htiv* krombb* (b) AU notifications issued under this Act shall, unless they are expressccl to Come lnb form on a particular day, corns into force on the day 011 which they are publish&, (2) Every rule, ordx or notification made or issued by the Government under this Act shall, as soon as pbssible after it is insd3 or issued, be placed on the table of the Legislative Assembly and if, before thz expiry of the session in which it is so placed or the n2xt session, the Lsgislativa Ass~mbly makes any modification in any such rule or orde~ or notificatiox, or th.: Le?islative Assembly decides that the rule or order or notification shodd n~t b: n ~i: or iswed, ths ruls or ordcr or notification shall t ereafter hiva eJ:st oalj in 3121 m~lifis 1 form or be of no effect, &S th3 oase ma bs, so, ho!:v:r, thrt any s~:h rn ,Aific.~tion or annulment shall be without preju I ice to the v41;iity of h,~fthi y I>r;;io~~l J .l.,i~e uafer that rule or order or notification. [See sections 2 (1 2), 2 (13) and 61 I 1. Vegetables, fruits, flowers ant1 orler perishable goods. 2. Textiles. 2. iron aad Steel. 4. Foodgmins. 6. Iron scrap. .. . (By order of the Governor ) A. K. RAJAN, SeCI ?tat-y to Government. Caw Depat tmerit • - • - - - PRINlraD AND PUBUSHED BY TEm COMMISSIONEll OF STATIONERY AND PRINTING, hl I!:IE 4s ON BEHALF OF THE GOVERNMENT OF TAMIL NAL)U