Bare ActsThe TAMIL NADU AGRICULTURAL PRODUCE MARKETING REGULATION ACT, 1987

Section 9

Alteration of notified area, etc

Amendment status not verified — confirm the current text below against the official source.

Alteration of notified area, etc. - (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 notified market area; (b) divide any notified area into two or more separate notified areas; (c) amalgamate two or more notified areas into one notified area; (d) declare that regulating the marketing iof any notified agricultural produce in any notified market area shall cease or that the marketing of any agricultural produce hitherto not regulated shall be regulated in any notified market area; Provided that the power conferred by this section shall, in relation to any notified area or agricultural produce, be subject to the provisions of section 3. (2) when the limits of the notified area for which a market committee is established area altered under sub-section (1) the following consequences shall, with effect on and from such date as may be specified in the notification, ensure, namely:- (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 notified area in accordance with the provisions of section 5 and section 10; (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; 12 (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 notified area within the jurisdiction of the new market committee, shall vest in the new market committee. (10) Constitution of market committee,- (1) Every market committee shall consist of sixteen members and shall be constituted in the manner hereinafter specified. (2) Every market committee shall consist of- (a) eight producers of the notified agricultural produce in the notified area, nominated by the Government in consultation with the Director, of whom at least three shall be small farmers and another three shall be marginal farmers: Provided 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; (b) three persons licensed under sub-section (1) of section 8 in the notified area in respect of any notified agricultural produce, nominated by the Government in consultation with the Director; (c) one producer of any notified agricultural produce residing in the notified area, nominated by the Government in consultation with the Registrar; and (d) three officials nominated by the Government in consultation with the Director of whom one shall be the officer-in-charge of the district in the Government Department of Agriculture, and two shall be the officers in- charge of the district in any two of the Government Departments of Animal Husbandry, Forestry, Fisheries, Horticulture, Sericulture or Oil seeds. Explanation - For the purposes of clause (a) - (i)"small farmer" means a person whose principal means of livelihood is income derived from agricultural land and who holds, whether as owner, tenant or mortgagee with possession, or partly in one capacity and partly in another, more than half a hectare of irrigated land or one hectare of unirrigated land but not more than one hectare of irrigated land or two hectares of unirrigated land; (ii) "marginal farmer" means a person whose principal means of livelihood is income derived from the agricultural land and who holds, whether as owner, tenant or mortgagee with possession, or partly in one capacity and partly in another, not more than half a hectare of irrigated land or one hectare of unirrigated land, and where any person hold both irrigated and unirrigated land, one hectare of irrigated land shall be deemed to be equal to two hectares of unirrigated land. 13 (3) The Government may, at any time withdraw any member or members nominated by them under sub-section (2) and fill up the vacancy or vacancies by fresh nomination.

Section 9 – The TAMIL NADU AGRICULTURAL PRODUCE MARKETING REGULATION ACT, 1987 | DailyLaw.ai