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Section 52: Power to make rules

The Tamil Nadu Agricultural Produce Marketing Regulation Act, 1987State Act of Tamil Nadu · Act 27 of 1987

(1) The Government may make, either generally or specially for any notified area or areas, rules for carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules any provide for or regulate –

(a) the nomination and withdrawal of members of the market committee or as the case may be, the preparation and publication of lists of procedures in the notified area and persons licensed under section 8 of the market committee, and revision, thereof;

(b) the powers of the Chairman and Vice-Chairman of a market committee, their functions and the term of office;

(c) the filling of casual vacancies in the office of the Chairman, Vice- Chairman or member of a market committee;

(d) the calling of general meeting of market committee;

(e) the annual fees that may be levied by the market committee in respect of licence granted under section 8 and the recovery of such fees;

(f) the maximum rates of subscriptions which may be levied either by the Board or by the market committee and the recovery of such subscriptions.

(g) the procedure for determination of fees and the manner of collection thereof;

(h) the form in which, and the condition subject to which, the licence under sub-section (1) of section 8, shall be issued or renewed, and the fee to be charged therefor;

(i) the kind and description of the scales, weights and measures, which alone shall be used in transactions in the notified agricultural produce concerned in a notified area;

(j) the periodical inspection, verification and correction of all scales, weights and measures in use in a notified area and the seizure of scales, weights and measures found to be false;

(k) the trade allowances which may be made or received by any person in any transaction in the notified agricultural produce in a notified area;

(l) the provision of facilities for the settlement of any dispute between a buyer and a seller of the notified agricultural produce or their agents including disputes regarding the quality or weight of the notified agricultural produce, the allowances for wrappings, dirt or impurities or deductions for any cause;

(m) the prohibition of commission agents and brokers from acting in any transaction on behalf of both the buyer and seller of any notified agricultural produce.

(n) the provision of accommodation for storing any notified agricultural produce brought into the market.

(o) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the Board or of the market committee, and the grant of sanction to such plans and estimates

(p) the procedure to be followed by the Board or by a market committee in respect of financial matters generally, including the matter in which, and the restrictions and conditions subject to which, expenditure may be incurred by it;

(q) the form in which the accounts of the Board and market committees shall be kept, the audit and publications of such accounts and the charges, if any, to be made for such audit;

(r) (i) the powers of auditors and the Government to disallow and surcharge items in respect of market committees and the recovery of sums so disallowed and surcharged.

(ii) the powers of auditors and the Government to disallow and surcharge items in respect of the Board and the recovery of sums so disallowed and surcharged;

(s) the preparation and submission for approval of an annual budget and the reports and returns to be furnished by the Board or by a market committee.

(t) the investment and disposal of the surplus fund of the Board or of a market committee.

(u) the prevention of adulteration of notified agricultural produce;

(v) the maintenance of standards of notified agricultural produce;

(w) the provision for affording facilities for settlement of depts. Charged on notified agricultural produce;

(x) the form in which such returns and accounts to be furnished by licenses, and the procedure for the inspection of their accounts and stocks.

(y) the methods of recruitment and conditions of service of officers and other employees of the Board and of a market committee.

(z) the travelling and other allowances that may be paid to the members, the officers and servants of the Board and of a market committee;

(aa) the manner in which the inspection of a market committee and the Board shall be held;

(bb) the procedure to be followed in respect of receipts and disposal of Market Board Fund and Market Development Fund and matters connected thereto;

(cc)any other matter which has to be, or may be prescribed.

(3) Any rule made under this section may provide that any contravention thereof or any of the conditions of any licence issued under this Act shall be punishable with fine which may extend to one thousand and five hundred rupees.

(4) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.

(c) Every rule made or notification issued under this Act shall as soon as possible after it is made or issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any notification in any such rule or notification or the, Assembly decides that the rule or notification should not be made or issued, therule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Where this provision sits

ActThe Tamil Nadu Agricultural Produce Marketing Regulation Act, 1987
Section52
Marginal notePower to make rules
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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