Amendment status not verified — confirm the current text below against the official source.
(1) On and after the date specified by. the IoCaI authority, by notification (hereafter In this secflcln 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 csntinued, any place tor the wholesale trade of any specified commodity: or (b) operate as weighman, measurer, trader, wareriouserhan or in any other capacity m relation to the wholesale trading of any specified comrnodity; or (c) carry on any wholesale trade 6f any specified commodity in any place in the market qea other than in the rnatket br special market, ds the case may bkz exmpt under, and in accordance with the anditions of, a Ii&nce grantkd to him ih that behalf by ths market committee under this Act: Pibvided tbdt- ? ,.-- 0) All orders $ant& renewing, ,rghUsiqg to grant or re&iing t6 renew, osde?ing 01- suspending any licence &t~l!_bp in writing and no or& refusing b @a& or renew or cancellihg or +uspendin& t,lience shall be m@e wit)rout giving the pel.son' concerned a reasonable opportunity of statirrg hrs case ; (ii) the reasons for any such refusal, cancellation or suspension of a lice~r .: shall be recorded in writing ; (iii) , the market cbmmittee shall not t=fdse to ba$t dd o!iitihf ficence to any registered wholesale trader. (2) Nothing contained in sub-section (1) shall apply to a ~arehoushii ~6rf.x)- ration established or maintained by the State or Central Government pf ti wart. hoysernan licensed under the Tamil Nadu Warehouses Act, 1951 jn r $ Q ~ p i b i storage, weighmeat clr measurement of any specified coinmodity ac~pt6d for warehousing. (3) A Iicence under sub-section (I)' may be refused to a person,- , < I < (a) whose licence was cancelled, and a period of thee years has not elapsed since the date of the cancellation ; or (b) who has been coniicted 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 sucn enqu~ry as IC considers adequate, that he is a benamidar for, ~r a partner with, any other person to whom a licence may be refused under clause (a) or clause (6). (4) If a market committee is satisfied, either on a reference made to it in this behalf, or otherwise, that- (a) a Iiccnce granted under sub-section (I) has been obtained byllmisrepre- sentation or fraud, or {b) the holder of a lience has conwavened, or failed to comply wlth, any or the provisiulls of. ~hi-i Act or the rules or ,by laws made under this Act or any of th e conditions of the licence, then, without prejudice to any other penalty to which the holder of the liceace & liable under this Act, the markst committee may, subject to such rules as may be made in this behalf, cancel or suspsnd the lience, after givmg the h~lclw of the licence a reasonable opportunity of showing cause agaiast such caorellatl~a or suspension. - - 8 d?7\-,g Wholesale trading in specified * commodity ir\ market area to be regulatec- by licence. Market committee to provide altmnativa - trading facilities to registm"$ wholesal traders in market. , - * - - -- (5) Any person aggrieved by the dccisioa of the mark~-t c;o~unirL~ce - (a) refusing to grant, or (b) cancelling or suspendin& a licencz may, withm such time as may be prescribed, appeal to the local authoilty and tl~e local authority may make such order in the case as it may think fit. (6) A licencegianted under sub-section (1) shall be valid foi a period of t h ~ ee 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 liceace. (7) Etiiy psrson 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 i constituted under the Madras City Municipal Corporation Act, 1919 having juris- diction 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 inl&= local areaincluding the market area as a market or a place'to c a b on the wholesale G d e 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 cancellatioll of any permission or licence, if the holder of such ,peimission or licence refuses to discontinue his wholesale tra-le i n rt.apet of ! any specified commodity in the place ref_erpA 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 I in such place. (c) If any direction glven under clause (b) is not complied with, within the time specified in the notice, the market comniittee 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 i + ~ crwt and have the amount thereor recovered from the defaulter in the same manner as arrears of land revenue. (dl Upon such c~ncellation of any pernlission or licence, the holder of such ~ermission or licence shitH not be entitled to claim and receive any compensation, but shall. be entitled to claim and receive such amount towards refund of the fees by him as is proportional to the unexpired period of such permission or licence.