State of Tamilnadu- Act
The Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991
TAMILNADU
India
India
The Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991
Rule THE-TAMIL-NADU-AGRICULTURAL-PRODUCE-MARKETING-REGULATION-RULES-1991 of 1991
- Published on 23 January 1991
- Commenced on 23 January 1991
- [This is the version of this document from 23 January 1991.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Publication of notification.
- Copies of every notification under sections 3, 4, 7 anti 9 shall be published,-4. Copy of the Act, Rules, etc., to be kept in the Office.
- The Board or market committee shall keep up-to-date copies of the Act, all the Rules, regulations, bylaws and notifications made or issued thereunder for perusal at the office of the Board or market committee, as the case may be, free of charge and another set thereof, in the safe custody for reference in the Office.Chapter II
Market Committee and Board
5. Term of office of the Chairman and Vice-Chairman.
- The term of office of the Chairman and Vice-Chairman of a market committee shall be coextensive with his membership in that committee.6. Election of the Chairman and Vice-Chairman of the market committee.
7. Election of the Vice-President of the Board.
- The provisions relating to the election of the Chairman shall mutatis mutandis apply to the election of the Vice-President of the Board also.8. Cessation of office of the Chairman and Vice-Chairman.
9. Cessation of office of the Vice-President of the Board.
- Subject to the provision of the Act, the Vice-President of the Board shall cease to hold office as such on his ceasing to be a member or on his resignation.10. Resignation of members, etc.
11. Special allowances.
- A non-official President of the Board shall be paid a monthly special allowance of Rs. 1,500 (Rupees one thousand and five hundred only) and the Chairman of the market committee shall be paid a monthly special allowance of Rs. 750 (Rupees seven hundred and fifty only).12. Powers and functions of the Chairman.
- Subject to the provisions of the Act and rules, the Chairman shall-13. Powers and functions of the Vice-Chairman.
- Subject to the provisions of the Act, rules, orders and directions of the Chairman, the Vice-Chairman shall exercise the powers and functions of the Chairman in the absence of the Chairman.14. Notice of the meeting of the market committee.
15. Preparation of agenda.
- The agenda for the meeting shall be prepared by the Secretary in consultation with the Chairman. The Secretary may include in the agenda any subject which, in his opinion or in the opinion of higher authorities, shall be considered by the market committee and shall include therein any subject specified by the Chairman.16. President of the meeting.
17. Quorum.
- The quorum for a meeting of the market committee shall be 50 per cent plus one of the existing members:Provided that there shall be no quorum for the meeting adjourned for want of quorum, if no new subject has been included in the agenda for such meeting.18. Subject and motion in the meeting.
19. Meeting of the Board.
- The provisions relating to the meeting of the market committee shall mutatis mutandis apply to the meeting of the Board also.20. Conditions for association of person with the Board.
- Association of a person with the Board shall be by virtue of his office and with the consent of the holder of his office.21. Motion by member to associate any person with the Board.
- Any member of the Board may bring in a motion at any meeting of the Board under clause (b) of sub-section (1) of section 36 for association of a person with the Board for any specific purpose:Provided that, before bringing such a motion, notice shall be given to the President seven days before the meeting of the Board at which the proposal is to be considered.22. Appointment of the Chief Executive Officer.
- The Government shall appoint, any officer whom they deem fit, as Chief Executive Officer to the Board:Provided that the Joint Secretary of Board shall act as Chief Executive Officer till a Chief Executive Officer is appointed.23. Function of the executive authority of the Board and market committee.
- Subject to the functions entrusted under the Act and rules, the executive authority concerned shall-Chapter III
Regulation of Markets
24. Application for licence.
25. Grant of licence.
26. Renewal of licence.
27. Licence fee.
28. Fee for renewal of licence.
- The fee for renewal of a licence shall be the same as that of granting of a licence under rule 27.29. Issue of duplicate licence.
- If the licensee establishes to the satisfaction of the licensing authority that licence granted to him has been lost or destroyed beyond recovery, the market committee may issue a duplicate licence on payment of fee of Rs. 10 (Rupees ten only) on an application made in Form 1 or 2, as the case may be.30. Suspension or cancellation of licence.
- The market committee may, if it is satisfied that a licensee has violated any of the conditions or provisions of the Act, Rules or by-law' framed thereunder, suspend or cancel the licence granted to him by recording the reasons therefore:Provided that no licence shall be cancelled or suspended without giving an opportunity to the licensee to make his representation in writing against the proposed cancellation or suspension of the licence.31. Appeal.
- An appeal under sub-section (6) of section 8 of the Act along with an attested copy of the order appealed against shall be made to the Board within two months from the date of receipt of the order of the market committee:Provided that the Board may, for sufficient reasons to be recorded m writing, condone the delay not exceeding a month in preferring such appeal.32. Submission of periodical return.
33. Levy of fee on notified agricultural produce.
34. Person authorised to collect fee and charges.
35. Subscription for supply of market report.
- The market committee shall levy and collect in advance a subscription of an amount not exceeding Rs. 100 (Rupees one hundred only) per annum from every subscriber for supply of market report published by the market committee. A register in Form 20 in respect of subscribers of market report shall be maintained by every market committee.36. Exemption.
| (1) Notified cereals --- | |
| (i) Paddy. | 60 kgs; perday. |
| (ii) Rice. | 50 kgs; perday. |
| (iii) Otherthan paddy and rice. | Each 50 kgs;per day. |
| (2) Notified pulses. | Each 40 kgs; (in all forms) per day. |
| (3) Notified oil seeds other than coconut. | Each 10 kgs; per day. |
| (i) Coconut. | 300 nuts perday. |
| (ii) Coconutcoir. | 50 kgs. perday. |
| (4) (i) Cotton. | 50 kgs. per day. |
| (ii) CottonWaste. | 100 kgs. perday. |
| (iii) Kapas. | 150 kgs. perday. |
| (5) Notified vegetables. | 50 kgs. all kinds put together per day. |
| (6) Notified fruits. | 50 kgs. all kinds put together per day. |
| (7) Notified drugs and narcotics. | 10 kgs. per day. |
| (8) Notified condiments and spices. | 10 kgs. in each kind per day. |
| (i) Arecanut. | 1,000 rawnuts or 5 kgs. per day which ever is less. |
| (ii) Tamarindin all forms. | 10 kgs. perday. |
| (iii)Coriander seeds in all forms. | 50 kgs. perday. |
| (iv)Cashewnut. | 5 kgs.kernels, 20kgs. unshelled nuts per day. |
| (9) Sugarcane jaggery, palmgur jaggery. | 20 kgs. per day. |
| (10) (i) Tapioca tubers. | 100 kgs. per day. |
| (ii) Tapiocachips, tapioca flour, tapioca starch. | 50 kgs. perday. |
| (11) Gallnut. | 50 kgs. per day. |
| (12) [ Raw rubber in all forms. [This item was inserted by G.O. Ms. No. 441, Agricultural (AMI), dt 14.10.1997.] | 60kgs. per day] |
| 1. | Notified cereals. | 200 kgs. |
| 2. | Notified pulses. | 50 kgs. |
| 3. | Notified oilseeds. | 25 kgs. |
| 4. | Tamarind. | 10 kgs. |
| 5. | Chillies. | 10 kgs. |
37. Person to abide the instructions of the Head of market.
- Every person who enters into a market shall abide by the instructions of the Head of market or such officer authorised by him in regard to the places where the vehicles may be parked, in regard to the roads by which and the time at which they may proceed and such other instructions for smooth running of purchase and sale of agricultural produce in the market. Any person who obstructs or causes to obstruct any transaction of business shall quit the market immediately, if so directed by the Head of market or any officer of the market committee.38. Receipt of deposit of agricultural produce.
39. Storage and charge for storage.
40. Storage after sales and charge therefor.
41. Weighing of agricultural produce.
42. Returns by weighman, broker, measurer, warehouseman.
- Every broker, weighman, measurer, warehouseman shall submit monthly return in Form 25 so as to reach the Head of market on or before 10th day of the succeeding month. The provisions of rule 32 shall, mutatis mutandis, be followed in submitting the return under this rule also.43. Engaging a broker.
44. Exposure of agricultural produce for sale.
45. Regulation of purchase and sale in the market.
46. Inspection.
Chapter IV
Financial Rules
47. Accounts.
48. Audit.
49. Submission of audit report.
50. Payment of cost of audit.
- The Board and every market committee shall contribute to the Government such sum as may be specified by the Government, from time to time, to meet the cost of audit.51. Check on receipts and expenditure.
- The Board or market committee, as the case may be, shall take all possible steps to secure an adequate check on the due crediting of receipts and on payments made by the Officers and servants.52. Daily crediting of money.
53. Payment to be made by cheque.
54. Drawing of cheque.
- No cheque on behalf of the Board or market committee, as the case may be, shall be drawn except on a bill which has been examined and passed by the executive authority concerned or on the issue or recoupment of the permanent advance, if any.55. Passing of a bill.
- The executive authority concerned shall not pass any bill for payment without the previous sanction of the Board or the market committee, as the case may be, except-56. Pass Book.
- The market committee or Board, as the case may be, shall get its pass book updated at the close of every month.57. Cash Book.
- The Board and every market committee shall maintain a cash book and a petty cash book in Forms 39 and 40.58. Budget.
59. Investment of surplus Fund.
60. Permanent advance.
- Every market committee or the Board, as the case may be, may fix every year an amount not exceeding a sum of Rs. 1,000 (Rupees one thousand only) or the average expenditure for the past twelve months whichever is less as permanent advance, to each of Head of market or Head of office. The balance at the end of the year shall be surrendered to the market committee or Board, as the case may be. A register in Form 45 shall be maintained by each Head of market and Head of Office.61. Payment.
62. Passing for payment.
- Every bill presented for payment shall be entered in the register of bills. The Accountant shall check and specify as to the correctness and genuineness of the claim therein and submit it to the concerned executive authority for passing the bill with the following entries:-"Passed for Rs. ................ (in words and figures) only Paid by cheque/ in cash Rs...................(in words and figures) by debit to (major/ minor and detailed head)Adjust Rs. .................. (in words and figures) by debit to (major and minor detailed head) and credit to (major, minor and detailed head)63. Acknowledgment of receipt.
- Separate acknowledgment of receipt shall be- obtained on the bill in respect of every payment.64. Sanction of expenditure.
65. Incurring of expenditure.
| Rs. P. | |
| The amount of the budget allotment. | |
| The amount spent under this head up-to-date. | |
| The amount sanctioned up to date, but not spent. | |
| The amount to be sanctioned now. | |
| Total | |
| The balance remaining. |
66. Time limit for presentation of bill.
- No payment shall be made against a bill presented after six months from the date on which the amount becomes due, without specific sanction of the Board or market committee, as the case may be.67. Over payment.
- In every case of over payment of money, the officer who prepares and submits the bill, the officer who scrutinises the same and the authority who passes the bill for payment shall equally be liable to make good the loss caused by such over payment. They are also liable for disciplinary action under the relevant rules.68. Defalcation or loss of money or valuable.
- Without prejudice to the remedy under any law for the time being in force, any defalcation or loss of money or valuable belonging to the Board or market committee, as the case may be, shall be reported immediately, by the executive authority concerned, after discovery to the Auditor and to the Director who shall send a report thereof to the Government, if the value of defalcation or loss exceeds Rs. 5,000 (Rupees five thousand only). A further and complete report shall also be submitted to the Auditor and Director, as soon as may be, after the matter has been fully enquired into setting forth the nature and extent of the defalcation or loss, the errors or neglect of rules by which such defalcation or loss was rendered possible, and the prospects of effecting a recovery.69. Cheques.
- The executive authority of the Board or the market committee, as the case may be, shall be the custodian of the cheque books. On transfer of the concerned executive authority, a note shall be recorded in the cash book and the signature of both the relieved and relieving officers indicating the number of unused cheques and cheque books handed over and received by them respectively.70. Signing of cheque.
- Every cheque issued by the Board or market committee, as the case may be, shall be signed by the concerned executive authority thereof. When the concerned executive authority has to handover charge to another, he shall sign the specimen signature of the relieving officer together with the certificate in the form specified below to the Treasury Officer or the bank, as the case may be."Form of CertificateSignature and designation of the relieving officer:I certify that the above is the signature of the officer to whom I have handed over charge of my office with effect from the forenoon/ afternoon of............(date) day of..............(month).......19(Signature and designation of the relieved officer with date)"71. Writing of cheque.
72. Cancellation of cheque.
73. Refund of revenue.
74. Stamp account.
- The Board or market committee, as the case may be, shall not use any postage stamp without perforation. A register of stamp account in Form 47 shall be maintained by the Board and every market committee.75. Purchase of stationery and stores.
- The Board or the market committees the case may be, shall purchase the stationery and other stores required by it only after assessing the requirement after considering the stock in hand, the actual consumption in the previous year. Acknowledgment shall be obtained and maintained for the issue of the stationery and other store items from the persons to whom it has been issued. A Register of Stationery and Stores in Forms 48 and 49 shall be maintained by the Board and every market committee.76. Purchase of books, maps, periodicals.
- The Board or market committee, as the case may be, shall not purchase any book, periodical, daily newspapers or map other than those required for publicity and propaganda or for the promotion of the activities of the market committee or Board, as the case maybe. A Register of Stock Accounts of Books, etc., in Form 50 shall be maintained by the Board and every market committee.77. Deposits.
78. Authority to sanction refund of deposits.
- No amount of deposit shall be refunded except by, or with the sanction of, the executive authority concerned:Provided that in respect of refund of deposits relating to works, the sanction of Board or market committee, as the case may be, shall be obtained.79. Diversion of loan amount, etc.
- No amount of loan borrowed or any grant or subvention received by the Board or market committee, as the case may be, from the Government or any other person or authority or any amount earmarked for any specific purpose shall be utilised for the purpose other than that for which the amount has been borrowed or received or earmarked without the prior sanction of the Government. A register of loan in Form 52 and a register of Sinking Fund in Form 53 shall be maintained by the Board and every market committee.80. Checking the registers, etc., of the Board and market committee.
- Without prejudice to the generality of powers of the Director or other person who is empowered to inspect, the Director or such other person shall check the registers, documents, forms and books maintained in the head office, market and check-post.81. Purchase, etc., by calling for tenders.
82. Printing.
- The Board and every market committee shall entrust its printing work to the Government Press only and under extraordinary circumstances to the Co-operative Press with the prior approval of the Government.83. Power to condemn.
- The market committee or the Board, as the case may be, shall be competent to condemn any material which has become unserviceable after obtaining permission of authorities specified by the Government, from time to time.84. Payment by the market committee to the Board.
| Quarter | Date prior to which the amount, to be remitted |
| 1stQuarter (April - June). | By 31stAugust. |
| 2ndQuarter (July - September). | By 30thNovember. |
| 3rdQuarter (October - December). | By 28thFebruary. |
| 4thQuarter (January - March). | By 31stMay. |
85. Contribution to the Market Development Fund.
- Immediately after the receipt of the amount under sub-rule (1) of rule 84, the Board shall contribute 50 per cent thereof to the Market Development Fund:Provided that in addition to the amount specified in this sub-rule, the Board may contribute to Market Development Fund any amount remaining after its establishment charges and authorised expenditure.86. Payment of traveling allowance and daily allowances.
87. Use of motor vehicle.
88. Use of telephones.
89. Taking building for rent.
90. Repayment of salaries of the officers and servants.
Chapter V
Civil Works
91. Acquisition of immovable property, etc.
92. Administrative approval for purchase of immovable property.
| Authority | Value of property |
| (1) | (2) |
| (i) Director. | If the value exceeds Rs. 1,00,000 (Rupees onelakh only), but does not exceed Rs. 5,00,000 (Rupees five lakhsonly). |
| (ii) Government. | If the value exceeds Rs. 5,00,000 (Rupees five lakhs only). |
93. Preparation of plan and estimates.
- Every market committee shall get the plan and estimates prepared by the Officers of the Engineering Cell of the Board in respect of every' original, repair and maintenance work including every civil and electrical work, who shall follow the rules and procedures as specified in Public Works Department Code in this regard:Provided that the Engineering Supervisor of the market committee shall prepare the plan and estimates according to the schedule of rates approved by the Superintending Engineer of Public Works Department for that area, in respect of original civil work up to a value not exceeding Rs. 3,000 (Rupees three thousand only) and maintenance and repair works up to a value not exceeding Rs. 50,000 (Rupees fifty thousand only):Provided further that in special cases, where the work is entrusted to any authority or agency other than the Engineering Cell, the plan and estimates for such work shall be prepared in consultation with the Engineering Cell of the Board by such authority who are competent to do so in accordance with the rules being followed by them.94. Technical sanction.
- The Officers of Engineering Cell of the Board specified in column (1) of the Table below having jurisdiction over the area in which works has to be executed, shall be competent to accord technical sanction, by counter-signing the plan and estimate in respect of the work, the cost of which is as specified in column (2) and column (3) thereof:| Officers | Cost of Civil Works | Cost of Electrical Works |
| (1) | (2) | (3) |
| Assistant Executive Engineer. | Up to Rs. 10,000. | Up to Rs. 2,000. |
| Executive Engineer. | Above Rs. 10,000 and up to Rs. 2,00,000 to Rs.15,000. | Above Rs. 2,000 and up |
| Superintending Engineer. | Above Rs. 2,00,000. | Above Rs. 15,000. |
95. Payment of centage charge.
- Subject to the contact to the contrary, centage charge may be paid to the authority or agency other than Engineering Cell of the Board to which the work is entrusted in accordance with the provisions applicable to that authority or agency, as the case may be, in that regard.96. Administrative approval for work.
- After complying with the requirements of rules 93 and 94, the administrative approval of the authorities specified in column (1) of the Table below shall be obtained in respect of work, the cost of which is specified in the corresponding entries in column (2) thereof.| Authority | Cost of work |
| (1) | (2) |
| (i) Director of Agricultural Marketing. | Exceeding Rupees one lakh, but not exceeding Rupees fivelakhs. |
| (ii) Government. | Exceeding Rupees five lakhs. |
97. Maintenance of registers, forms and statements.
- The provisions of the Public Works Department Code shall mutatis mutandis be followed for the maintenance of registers including the register of estimates and allotments, forms and statements in respect of any work.98. Check-measurement, inspection and test-check.
- The provisions of the Public Works Department Code shall be followed with regard to the check-measurement, inspection and test-check including the financial limit prescribed for various officers therefor by the officers of the Engineering Cell of the Board having jurisdiction over the area in which the work is executed:Provided that work in respect of which the Engineering Supervisor of the market committee is competent to accord technical sanction, check-measurement, inspection and test-check shall be made by the Executive Authority of the market committee.99. Works in respect of which quotations have to be called for.
100. Works in respect of which tenders have to be called for.
101. Exercising the power of the Chief Engineer by the Superintending Engineer of the Board.
- The powers provided to the Chief Engineer (Buildings) under Public Works Department Code in the matter of preparation, approval of plans and estimates, calling for tenders, according technical sanction and of check-measurement, inspection and test-check shall be exercised by the Superintending Engineer of the Board. He shall not delegate any of his powers to any of the officers in the Engineering Cell of the Board.102. Entrustment of work to other authority or agency.
- Subject to the provision of rule 103, the market committee or Board, as the case may be, may entrust the work to other authority or agency, if after considering the special and technical nature of work in consultation with the Engineering Cell, market committee or Board, as the case may be, is of the view that such work shall be entrusted to such authority or agency.103. Payment to contractor.
104. Completion certificate.
- On completion of a work, a certificate to the effect that the work has been completed as per the plan and estimates shall be submitted within three months from the date of such completion,-105. Entrustment of work.
106. Handing over of the building, etc. by the Board.
- Immediately after completion of work entrusted, the Board shall handover the building or other work executed, to the market committee concerned. The market committee shall, after due verification of the buildings, or other work executed by the Board or other authority or agency and after consultation with such authorities as it may decide, satisfy itself that the work has been executed as per the approved plan and estimates or specifications. Any deviations from the plan and estimate shall, forthwith, be brought to the notice of the Board or authority or agency by the market committee. The Board, authority or agency shall rectify the defects immediately. Additional expenditure or loss incurred, if any, by the Board or authority or agency for rectifying such defects is not payable by the market committee. The Board or authority or agency, as the case may be, shall make good the loss, if any.Chapter VI
Law Charges
107. Authority competent to sanction fees to the Counsel and the Law Officers.
- Subject to the provisions of rule 108, the market committee or Board shall be competent to sanction the fees to the Counsel and to the Law Officers engaged by it in connection with any settlement of deed, offering of legal opinion and with any litigation in which the market committee or Board, as the case may be, is a party.108. Quantum of fees payable to the Counsel and the Law Officers.
- The quantum of fees payable to the Counsel and Law Officers engaged by the market committees or Board, as the case may be, in the matters specified in rule 107 shall be the amount calculated with reference to the provisions contained in the Precise of Standing Orders applicable to the Law Officers of the Government, as modified by the Government, from time to time:Provided that the market committee or Board, as the case may be, may pay to the Counsel or Law Officers in advance the incidental charges and an amount not exceeding 50 per cent of the approximate fees payable in respect of a case:Provided further that the market committee or Board, as the case may be, may, in exceptional cases, pay a higher amount of fees than that specified in the above provision considering the importance of the case and additional work involved therein, with the prior approval of the Government:Provided also that if any doubt arises as to the quantum of fees payable to a Counsel or a Law Officer, the market committee or Board, as the case may be, shall refer the matter to the Government and the decision of the Government in the matter shall be final.109. Appeal against the decision of a Court.
- Where a case is decided by the Court against the interest of the market committee or Board, the market committee or Board, as the case may be, shall obtain the opinion of the concerned Law Officer as to the feasibility of filing an appeal in the higher forum, and110. Initiation or continuation of litigation against the interest of the Government.
- The market committee or Board, as the case may be, shall not initiate or continue any litigation, whether civil or criminal, before any Court against the interest of the Government, without the prior sanction of the Government.111. Maintenance of Suit Register.
- The market committee or Board shall maintain a register of litigation in Form 61. The undisposed cases at the close of the year with the cost thereof which has not been recovered or has been recovered partially shall be carried over to the Register for the ensuing year. The register shall be periodically reviewed by the concerned executive authority and see that necessary action for recovery of due is taken in time. Every market committee shall also maintain a register of composition of offence in Form 62 and a register of Prosecution in Form 63.Chapter VII
Surcharge Rules
112. Submission of documents.
113. Power to summon documents.
114. Authority to report material impropriety or irregularity, loss, waste or misapplication.
- The authority shall,-115. Duty of the Secretary, Chief Executive Officer to remedy the defects or irregularities.
- The Secretary of the market committee or the Chief Executive Officer of the Board shall, forthwith, remedy any defect or irregularity that may be pointed out by the authority and report the same to the market committee or Board, as the case may be.116. Power of authority to disallow and surcharges.
117. Submission of representation.
- Any person aggrieved by disallowance, surcharge or charge made, may, within fourteen days from the date of service of communication under rule 116, represent to the Government in writing. Any order passed on such representation by the Government shall be final.118. Recovery.
- Every sum certified to be due from any person by the authority under these rules, shall be paid by such person within fourteen days from the date of service of communication under rule 116 into the treasury or the bank in which the accounts of the market committee or Board, as the case may be, are maintained. Such sum, if not paid, shall be recoverable as arrears of land revenue.119. Returns.
| From | Court-fee Stamp |