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Agricult
,
yr 1 Produce
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I
THE TAMIL NADU AGRICULTURAL PRODUCE MARKETS
ACT, 1959.
TABLE r
QF C$NVNTS.
. I
r i
PREAMBLE. , .. :
,S~cnoNs.
1 Short title, extent and'q$tnqqpmeht.
* I
2 Definitions.
3 ~otificationof intention of exercising control over
purchase and sale of agriqyltural produce in specified
area. rnrr~~r .
."...L l l . ' ? Y : *
i -
4 Declaration of notified area -. , .
5 Establishment of market committee.
6 Tradicg irr agricultural produce in notified area.
7 Power of Government to alter notified ~ r e aor notified
market area.
Meetings.
Appointment and salaries of officers and servents of
market committee.
Execution of contracts.
Levy of fee by market committee.
Levy of subscriptions for market reports, etc.
Market committee fund.
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23 Power to borrow.
25 Pedalti s .
~ 29 Rub.
30 By-laws .
31 power to write off irrecoverable'fee, etc.
1 32 Trial of off~nce~. .*
75 Saving.
38 Re@*
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360 ~ g r ~ c o l t u Ymtuct:
ra~ [I959 : T.N. Act 23: 1
Markets 1
I[TAMIL NADU] ACT No. 23 OF 1959.2
I
THE '[TAMIL NADU] AGRICULTURAL PRODUCE
MARKETS ACT, 1959.
[Received the assent of the Governor on the 24th December
I
1;;3,Jirst published in the Fort St. George Gazette on the
13th January 1960 (Pausa 23, 1881).]
An Act tg provide for the better regulation of buying.
and selling ~f agricultural prod nce and t !re establis11-
men t and proper administration of markets for agr icul-
tural produce in the 3[State of Tamil Nadu].
WHEREAS it is expedient tp provide for the better regulation
of buying and selling of agricultutal produce and the
establishment; and proper administration of markets for
agricultural produce in the J[State of Tamil Nadu] ;
BE it enacted in the Tenth Year of the Republic of India ,
as follows :-
Short title, 1. (1) This Act may be called the l[Tamil Naduj Agri-
,tent and cultural Produce Markets Act, 1959.
sommence-
ment. (2) It extends to the whole of the s[State of Tamil
Nadu.]
(3) It shall come into force on such date as the Govern*
ment may, by notification, appoint ; and different
dates may be appointed for different areas and for different
provisions of this Act.
- -- -
I These words were substituted for the word " Madras by the
"
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order*1969,
8 For Statement of Objects and Reasons see Fort SL ~ e o r ~ Gazette
e
Extraordinary, dated the 17th April 1959,Part IV-A, page 257.
This Act was sxtended to the added temtories by section 3 of, and
the First Schedule to, t h e - T d l Nadu (Added Territories) Extension
of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961) repealing the
~~rrtsponding law in force in those territories.
8 This expression was substituted for the expression "State of
Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, a s
amended by the Tanlil Nadu Adaptation ol' Laws (Second Amend-
ment) Order, 1969.
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.. I-.
. = , % . ? A .
I . -?:
(x) "notified area." meads any iri"a noti& under
rection 4 as altered by any notification under section 7 ; 1
4
I .
'-) p-.I*Cw - - v =
6
I
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1959 :T.N. Act 231 Agl icul t ural Produce 367
Markets
, by Co-ope-
5 shall consist of the following members, namely :-
ir'
rative . c
Marketi rsg -3
Society.
(i) nine persons appointed by the co-operative
marketing so~ietyfrom among the producers of the notified
agricultural produce in the notified area and wno are
members of the said society ;
(ii) four persons appointed by the co-operative mark*
ting society from amon the licensed under sub-section
f
(1) of section 6 in the noti ed area in respect of the notified
agricultural produce and who are members of the said
society :
1 These words were substituted for the words ''not exceeding one
year" by section 2 of the Tamil Nadu Agricultural Produce
Markets (Aqendm3nt) Act, 1981 (Tamil Nadu Act 5 of 1981).
which was deemed to k v e come into force on the 5th December
1980.
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! :\
3rlQ Apicul turd Produce [I959 :T. N. Act 2 3
MOP,(et s
(3) When the+sTat of any member becomes vacant,
tht, vacancy shall be filled up-
(i) in case he was an elected member, by a person
co-opted by the market committee from among the mem-
bers of the electorate by which the member was elected;
(ii) in case he is a member appointed by a co-opera-
tive marketing society, by a person appointed by the said
society ; and
(iii) in any other case by a, person appointed by the ,
Government :
Provided that no casual vacancy shall be filled up
within three montlil before the expiry of the term. of
office of the elected members.
. . i
(4) The member coopted or appointed to be fill up a +.
vacancy under su~~kction (3) shall hold ' office only so tong as
the member in wh6se place he is co-op&d or apbbinted would T*
,
.
a:> 2
* 1
(5) For the purposes of sub-section (2) no meeting of -+4 V
the markt committee from which a mtmber zbsents
himself shall bq c~untedagainst him if dce ;notice of that
meeting was nbt 'given
f l
to him. *-
s- S l .
id :*
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I
The present sub-section was substituted for sub-section (1) as so
amended by section 3 (6) of the Tam11 N a d ~Agricutltural produco
Markets (Second Amendment) Act, 1970 (Tamil Nadu Act 19 of 1970)
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374 ~~ricaltC$l
Produce [I959 : dfl.. $ct. 23
Markets
, j.
xr,; { -
1 ' A
a L 4
-3
a5
" (2) The cess referred to in sub-section (1) shall be paid by the
purchaser of the notified agricultural produce concerned :
Prsvided that where the purchaser of a notified agricultural prodlice
cannot be identified, the cess shall be paid by the seller ."
In the s ~ i dsub-sectian for the expression " sub-section (I)", the
expression " this section " was earlier substituted by section 2(ii)
of the Tamil Nadu Agricultural Produce Markets (4mendment and
Vaiidation of Cess) Act, 1970 (Tamil Nadu Act 18 of 1970), which
W L S deemed to have come, i ~ t forqe
a 04 the 22nd October 1962,
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'" (3
1~r&g tm$ 1 e o kvkd
~ u d s u b a k l i a r (1) *hs:l bf subject to the
d Aftklc 3% cd the Corrrsfturiint ,"
p- t k rald nu-ion, the following sub-seetion was substituted
by section 2(t(iii) of the Tamil Nadu Agricultural Produce Markets
(Amendment and Validation of Cess) Act, 1970 (%mil Nadu Act
18 of 1970), which was deemed to have come into force on the 22nd
October 1962 :-
"(3) In the case of notified agricultural produces which are declared
and which are bought or sold in the notified market area the
market committee shall levy a cess by way of sales tax--
b
(i) at the same point at which such declared goods are taxable
under the Tamil Nadu General Sales Tax Act, 1459 (Tamil Nadu
Act I of 1959) ; and
(ii) at a rate not exceeding fifty paise for everayhundred rupees
of the aggregate amount for which such notified agricultural produces
are bought or sold, whether for cash or for deferred payment, or
other valuable consideration :
provided that in the case of tobacco and sugar, the cess under
this sub-section shall be levied only at the point of last purd~ase:
Provided further that the rate of cess payable under fhiS sub-
section, together with the rate of tax payable under the Tamil Nadu
General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1559) shall, at no
time, exceed the rate specified in section 15 of the Central Sales Tax
~ c t 1956
, (Central Act 74 of 1956) (hereinafter referred to as the
4 Central Act) :
1 provided also that where the rate of cess payable under this sub-
t section, together with the rate of tax payable under the Tamil Nadu
General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1953), exceeds
the rate specified in section 15 of the Central Act, the rate of cess
melltioned in this sub-section shall stand reduced proportionately
in such manner that the reduced rate, together with the rate of tux
payable under the Tamil Nadu General Sales Tax Act, 1959 (Tanlii
Nadu Act 1 of 1959) shall, at no time, exceed the rate specified in
section I:, of the Central Act.
&'~planution.-For the purposes of this section, thc expression
'cdeclared goods" shall mean the goods declared by section 14 of the
centrill Act to be of special importance in inter-state trade or
commerce."
Sub-section (3) as so substituted was omitted by scct ion 3(,-)
the Tamil Nadu Agricultural Produce Markets (Second Amend,
ment) Act, I970 (T,;.mil N ' I ~Act
u 19 of 1970).
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Markets
(4) (a) At any time, when so required by any officer or
servant of the market committee who is empowered by
the Government in this behalf, the driver or any other
person-in-charge of any vehicle, boat or other.-convsyahce,
which is taken or proposed to be taken out of a notified
market area, shall stop the vehicle, boat or othel'cari~eyhnce,
as 11.: case may be, and keep it stationary as long as miij
reasonably be necessary, and allow the officer ;or;servant
empowered as aforesaid to examine the contents in the
vehicle, boat or other conveyance and inspect all records
relating to the notified agricultural produce carried,
which are in the pnssession of such driycr or orher person-
in -charge, -,vhoshall, if so required, give his name land * add-
re;s and the name and address of the owner of the
vehicle, boat or other conveyance.
Levy of s
1gy The market committee may, .. subject -to.,such~ault ,
subscrip- as may be made under this Act, levy a subsd+$tio$r:-~for
'ions for collecting arrd disseminating among t h e : s u b s ~ r i ~ ~ ~ ~ ~ $ o i
market .
reports, etc. mation as to any matter relating to tatistic<$&&ti;'et-
--
- ---.-
ing in respect of the notified agricultural produce.
, !%\I%$' ',% h' " -
i, ~ i , J ~ ) ? '
-
--
The word " cess " was omitted by section 3 (d) of the Tam'l
Nadu Agricultural Produce Markets (Second Amendme~t)Act,&1970
(Tamil Nadu Act 19 of 1970).
*
Now the Code of Criminal Procedul:e, 1973 (Central Act 2 of
1974), sections 457, 458 and 459,
I
I
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- %
e Dd---.*
c.5-
*
/
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i ! I
1 The word " cess" was omitted by sectidn 7 of the Tamil Nadll
Agricultural Produce Markets (Second Amendrrient) Act, i970 (Tamil
Nadu Act 19 of 1970).
The word "cess" was omitted by section 8 (I), ibid,
The word " cess " was omitted by section 8 (2), jbid.
4 The words " by notification" were omitted by section 3 (i) of
the Tamil Naau Agricultural Produce Mdfkets (Amendment) Act,
, 1965 (Tamil Nadu Act 21 of 1965).
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-
' I )
- I}?
--.
# A
produce ;
(xxiv) any other matter which has to be, 0,.may be
pr escvibed.
(3) Any rule made under this section may provide
that any contravention thereof or of any of the conditions
of any licence issued or renewed thereunder shall be puni-
shable with fine which may extend to two hundred rupees.
l[(4) (aj AU rules made under this Act shall be
published in the *Fort St. George Gazette and, unlesn
they are expressed to come into foice on a partic~lar
day, shall come into force on the day on which they are
so published.
(b) All notifications issued under this Act shal,
t unless they are expressed to come into force on a parti-
cular day, come into force on the day on whic!~they are
published.
31. A market cmmittee may write off any, fet. 2[ ] or Pcwer ,"
other amount whatsoever due to it, whether under a . off
rrecoverabla
contract or otherwise, or any sum payable in connexion ifei,
etc.
Power of 34. (1) The') Governrncnt may clzll for and examine
Governme!rt the record of any market committee or of the Director
to call for or ,Collector lin,rzspectof any proceeding to satisfy them-
records and selves as to, the mgulari ty . of such proceeding or the
pass orders.
"
35. Nothing in this Act shall apply to any place set Savifis,
up, established or continued by or on belbalf of the Central
Government or any State Govcrnmei~tfor the purchase,
salc, storage, weighmcnt, picssing or processing of any
notified agricultural produce or to the purchase or sale
of any notificd agricultural produce by or on behalf of
tF- Central Government or any State Govrrnment.
748. - '
- .- '..
,
.. , .
.. ---- *"9CTls- )I - .
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,
I* '*&
,+e,:A;:
tb-thd~rsonfro~whomsuch'ce~swascolS~~ted, .,.v,..,~.:,~..:.~,
ikn&a-nd subject t o such conditions a s : may I '
I
the 6th day of June 1978.
2. In this Act, unless the context otherwise requires, - Dedaitions.
(a) "Director" means the Director of Agricultural
Marketing ;
(b) "Government" means the State Government ;
(c) words and expressions used and not dr fined
in this Act, but defined in the Tamil Nadu Agricultural
Produce Markets Act, 1959 (Tamil Nadu Act 23
of 1959) ( hercinafter referred to as the principal Act),
shall have the meanings respectively assigned to them
in that Act.
3. [The amendment made by this section has
already been incorporated in the principal Act, namely,
the Tamil Nadu Agricultural Produce Markets Act,
1959 ( Tamil Nadu Act 23 of 1959).]
4. Notwithstanding anything contained in the Memben of
principal Act or in any other law for the time being in market com-
force, every member of every market committee establi- ~ ~ ~ ~ e ~
shed under section 5 of the principal Act (including it?otfica.
chairman and vice-chairman and e p o f i c i o member, if
any), and of every sub-comm;ttee and special committee
of such market committee, holding office P.S such imme-
diately before the date of commencement of this Act shall
* For Statement of Objects and Reasons, see Tamlf Nadu
Government Gazette Extraordinary, dated the 31st August 1978,
Part IV-Section 1, Page 415.
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I
936 Agricultural Produce Markets [I978 : T.N.Act 33
(Amendment and Special Provisions)
I
( b ) A Special Officer may be appointed under
clause (a) for one or more market committees as the
Government may, by order, specify.
(21 Each Specia 1 Officer sha 11 hold office for such
period or periods not exceeding l[five years and six
'
938 I
Agricultural Produce Markets 11978 : T.N. Act 33
(Amendment and Special Provisions)
&tms to
.
bers of certain proviso to sub-section (5) of section 8 and holding office
immediately before the 5th day of December 1980, shall :
continue. continue to hold office and function as members of the .
market committee for such period or riods asthe
P"
Government may specifl under clause (ii) o the proviso to
sub-s&ion (5) of section 8 as amended by this Act.
2
i
g:
Repeal and
saving. 4. (1) The Tamil Nadu Agricultural Produce Markets
(Amendment) Ordinance, 1980 flamil Nadu Ordinace ;. 1
J,2of 1980), is hereby repealed. , Q
(2) Notwithstanding such I epeal, anything done or any
action taken under the principal Act as w a d e d by the
said Ordinance shall be deemed to have been done or taken
un&r the principal Act as amended by this Act.
-Statement of- Objects
*~or
...*...-
and Reasons,
-d
substituted.
7. (1) Notwithstanding anything contained in the Persons
plircip::lAct or in any othcr law fat the time beingin folm, appo~nted
to carry
the pcisons appoii~tcd~r?derclause (a) of sub-seclion (3) of
section 24 oft he pl incipal Act and holding office immediate- functions
ly before the 11th day of May 1961 (helesftei in this of aaain
seelion referled to as the said persons), shall wntinur:to commi
marketttees
hold office and carry ovt the functions of the ma~ketm m - continue,
mittees fox such period or periods ag tht State Governmod
may specify under sub-section (1) of seaticn 24 of the
principal Act as amended by this Act.
e'
"r
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--- --- - - -.--A -- --
retiod or periods. as
under sub-section (I) of
. - . . ,
Law Department. ,
'I
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4
4
S. VADIVELIJ.
Cortlmi,\.sionl?rarzd Sccwtury to Government,
1
Zf Law Depurtnzrnt.
- - --- ---- -- -- - --
--. - -
PHxNTBI) A N & PIIDLf8IIBD BY THBl I)IBBWOB OW BTATIONP&Y AND PBIKTWQ
v r n n l a r\w am?rAT.w BP %ma ClnTTU1)W2mWT am m r y 7 l i mbmn,
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TAMIL NADU GOVERMFlWn G m T T E EXTRAORDINARY 59
i-
--. -
The followillg Act of the Tamil Nadu, LegisPature received thc
assent of the Governor on the 17tX February 1986 and is hereby
information A - : . ..
-
I
b
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.-
- ,
,I , :: .. - . .
.' ! -& TAML
NADU GOVER~ME'N~IGAZETTE EX'~RAORD~NAI~Y,
, a
(2) Ngtwithstandmg su(ch repeal, anything dons or any action
taken under the Tamil Nadu ~ g r k u l t u r a lProduce Markets Act, 1959
(Tamil Nadu Act 23 of 19591, as amended by the said Ordinance, or,
j -under & Tamil Nadu Agricultural Produce Markets (Amendment and ,
( ' T a ~ i lNadu Act 23 d 1959) or, as the case may be, under the 1.
, Tamil Nadu Agricul turd Produce &Jake ts ( ~ h e n d m e n tand Special the T
-Provisibns) Act, 1978 (Tamil Nadu Act 33 of- 197S), as amended by
' this 'Act.
.. . (By order of the Governor.) . 2.
I .... . . ,
tjon 2
.-.. . , Act.
S. VADIVELU,
I .
the c
- ' ,
Cornlnissioner and Secretary to Government, sem '
,- , . Law Deporlment. nlcns
seven
an d
four
seven
sever
and I
four
sevel
5
sectic
-" one
II
Onr
subs!
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OF TAMIL KADV
---
, # "-".
-_--
FdADRAS, TUESDAY, J U N E 24, 1985 '
I- - . -:w
AAN; 10, AS'CKAYA, THIRUVALLU # A h A A N D U - ~ ~ I ?
, . .
-
for gsneral information :-
t 4 e .-. . \ ~ 7 -
q r..
-fyq - r ,,dl .
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. ..--
eu
*@- 1 [ R ~ g f s t ~ r eNo,
d n-I 1
n- QOVERHMEHFOF-TAlliL I ( ~ W
of I986 - /
,.-.. - -,
(Prtt*
pat;, ,
:1e
, ?
\er .
.
@ .& P P + : T . & : ~ ; C . + .1 {wmr... , --,
I
nd
TAMIL NADU - .
is O V E R N M E N . T GAZETTE I
..1
7-
XTRAORDI~ARY PUBLISHED BY AUTHOI,TI
[era i
h t
ra-
rict
~rai NO. 7131 MADIUS. WEDNESDAY, DECEMBER 3, IIU
711 KARTHIGAI 18, ATCHAYA, THIRUVALLUVAR MNDU-sf7
~du
L to
.ici-
.*nil.
120)
,
Part IV-section 3
T d Madu A- and- I
renl,
II The following Act of the Tamil Nadu Legislative Assembly received
the assent of the Governor on the 3rd December 1986 and is
hereby published for general jnformntion :-
ACT NO,66 OF 1986.
An Act further to amend rhe Tamil Nadu AgriczrlruraI Produce
~ f r r k e t sAct, 1959 nnd rhe Tamil Eiadu dgricultr~ralProduce
Markers (Amenclme~~t and Special Previsions) Act, 197.8,
Be it enacted by the Legisislative Assembly of the State of Tamil Nadu
I1 in the Thirty-seventh Year of the Repilblic gf India as follows :-
1. Short title.--This Act may be called the Tamil Nadu Agricul-
1 tural P~oduceMarkets and the Tamil Nadu Agnicultufd Produce
I
Markets (Amendment and Special Provisions) Second Amendment
Act, 1986.
II
- 2. Amendment of secfiopz tj, ITomil Nadu A ~ 23
L of 1959.-In the
Tamil Nadu Agicultural Produce Market6 Act, 1959 ( T a d Naxlu
Act 23 of 1959), in section 8, in sub-section ( 5 ) , in clause (3) of the'
provh, for t h e words " not exceeding seven years ", the words "not
- ... - exceeding eight years shall be substituted.
" . .
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i k.-.. - .c.
C
. ,
S . . VADIVELU,
and Secretdry to Government,
C~,v~rtiis.\~ioizer
,
>'
. 1 , . .. . . . Law .Dcpurtrnatt.
. -.
By THE J I ~ E ~ T O OF
B STATIONERY BNQ PRmTIHU
-
~ R I ~ TA E~ ~DPUklLI3-X) ,
Septi
XADRA8, ON BEEALE OF T E E QOVERNMENT OF TAMIL HADn-
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1981
T A M I L NA-DU
G O V E K N M E N T GAZETTE
EXTRAORD~NARY P ~ B L I S H E DBY AUTHORITY
IV-Section 2 I * g
T f d ~ * d aA& ,&ndo
r- , s,,@
,,
'The follotvvine Act of the 'Tamil Naclu Legislative. Assembly
the of the Governor on the 5th December 1.987 and.*
-
is her&\', pub!ishecl for general information :-A-
ACT No. 46 OF 1087.
$,: Act funher to arnerrd the Tarnii !V~!lu AgliCulturaZ ~ t o d u
&mkets Act, 1959 and the Tamil Nadu Aflicu~tural
34arkets ( A n:end~nentand Special Provisions j Act, 1978.
BE it enacted by the Legislative Assembly of the Stat'e cf Ta
in the Thirty-eighth Year of the Republic of India as ~ O E O
,, *fr
b '.f"i
,
1 . Short iir1e.-nis Act may be ailed tne Tamil N d u Agricul. ,if
,'4
iural Produce Markets and the Tamil Nadu Agricultural Produce * ,. * ?$ ,.
Markets ( Amendment and Special Provisions) Amendment Act, 1987. -, 'J:
t,$
Tamil Nadu 14gricuiturel Produce Markets Act, 1959 (Tamil Nadu -iL.,'4
fa ,
. !@%
3
. .*' 4 .*,& %
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The following Act of the Ta111il Nttdu Legislative Assembly received the
assenl 01 tliu Clovcrnor on the 12111 hlebruilry 1991 and is lloreby publisliccl lor
general information: -
ACT No. 13 OF 1991. ',
fili it enacted by the Legislative AsscmLly of the State of Tafil:l Kadu in thl:
E'orty-first Year of the Republie of India 8s foi.101~~
:-
Short title and 1. (1) This Act may be called the 'i'amil Nadu Agricuitural Prociuce
commencement. Blarkets Laws (Amendment) Act, 1991.
(2) It shall be deemed to ha.ve ccjroe into force on the 3rd day of
Uece~nLer 1990.
amendmeat of
Tamil Nadu
Act 23 Ssp
1959. month " shall be substituted.
Amendment of 3. In the Tamil Nadu Agricultural Produce Markets (Amendment and Tamil Nadu
Tamil Nadu Special Provisions) Act, 1978 (hereinalter referred to as the 1978 Act), in 33 of 19
Act 33 of section 5, in sub-section (2), for the words " twelve years and six months ",
1978. the words " thirteen years " shall be substituted.
Amendment of
Tamil Nadu
Act 8 of 1989.
Repeal and 5. (1) The Tamil Nadu Agricultural I'rodnce MarIrets Laws (Aniendmcnt) Tamil Nadu
saving. Orilinance, 1990 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any aciion fibken
under the 1959 Act or the 1978 Act or the 1989 Act, as the case may be, as
amended by the said Ordinance, shall be deemed to have been done or taken
undc-r the 1959 Act or the 1978 Act or the 1989 Act, as the casre may be, a s
:~rnendedby this Act.
.-
~ M T E DAND PUBU-