LABOUR WELFARE AND SKILL DEVELOPMENT DEPARTMENT - Draft Amendments to the Tamil Nadu Plantations Labour Rules - Amendments to the Tamil Nadu Shops and Establishments Rules

© [Regd. No. TN/CCN/467/2012-14 GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2018 [Price : Rs. 2.40 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 13] CHENNAI, WEDNESDAY, MARCH 28, 2018 Panguni 14, Hevilambi, Thiruvalluvar Aandu–2049 Part III—Section 1(a) General Statutory Rules, Notifi cations, Orders, Regulations, etc., issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT CONTENTS Pages. AGRICULTURE DEPARTMENT Amendments to the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules .. 3300--3344 DTP—III-1(a)-(13)—1 [ 29 ]30 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) NOTIFICATIONS BY GOVERNMENT AGRICULTURE DEPARTMENT Amendments to the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules. [G.O. Ms. No. 69, Agriculture (AM.3), 14 March 2018, ñ£C 30, «ýM÷‹H, F¼õœÀõ˜ ݇´-2049.] No. SRO A-14/2018.—In exercise of the powers conferred in sub-section (1) of Section 52 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991. AMENDMENTS In the said Rules, – (1) in rule 24, after sub-rule (2), the following sub-rule shall be added, namely:- “(3) Every application for grant of a licence under Section 8-A of the Act shall be in Form 1-A and subject to the conditions specifi ed therein along with the copy of the receipt for payment of fee specifi ed in rule 27 and sent to the Director through the concerned Market Committee.”; (2) after rule 25, the following rule shall be inserted, namely:- “25-A. (1) The Director or the offi cer authorized by him shall grant a licence under Section 8-A of the Act in Form 4-A and subject to the conditions specifi ed therein. (2) An offi cer authorized by the Director shall maintain register of licences issued in Form 7-A.”; (3) in rule 27, after sub-rule (6), the following sub-rule shall be added, namely:- “(7) A licence fee of Rs.600 (Rupees Six Hundred only) shall be payable in respect of a licence specifi ed in Section 8-A of the Act for three years.”; (4) in rule 29,- (i) after the expression “market committee”, the expression “or the Director or the Offi cer authorized by him, as the case may be,” shall be inserted; (ii) after the expression “Form 1 or 2”, the expression “or 1-A” shall be inserted:, (5) in rule 30, after the expression “market committee”, the expression “or the Director or the offi cer authorized by him, as the case may be,” shall be inserted; (6) in rule 31,- (i) in sub-rule (1),- (a) after the expression, “sub-section (6) of Section 8”, the expression “or sub-section (4) of Section 8A” shall be inserted; (b) after the expression “market committee”, the expression “or the Director or the offi cer authorized by him, as the case may be” shall be inserted; (i) in sub-rule 2, after the expression “market committee”, the expression “or the Director or the offi cer authorized by him, as the case may be,” shall be inserted; (7) in rule 32,- (i) in sub-rule (1), after the expression “sub-section (9) of Section 8”, the expression “or sub-section (7) of Section 8-A” shall be inserted; (ii) in sub-rule (2),- (a) after the expression “sub-section (1) of Section 8”, the expression “or sub-section (7) of Section 8-A” shall be inserted;March 28, 2018] TAMIL NADU GOVERNMENT GAZETTE 31 (b) after the expression “market committee”, the expression “or the Director or the offi cer authorized by him, as the case may be,” shall be inserted; (8) after Form 1, the following Form shall be inserted, namely:- “ FORM 1-A” [See rules 24 and 29] Court fee stamp Application for obtaining trader’s licence for operating in the State From (Name and address of the applicant) To The Director of Agricultural Marketing and Agri Business, Chennai, Tamil Nadu. Sir, I/We………………..(Name)……………………..(Address)………………….. am/are making an application for a licence for operating as a trader in the State. I agree to pay the necessary license fee of Rs. /- per ………….. as per rules for obtaining the above mentioned licence for a period from ……….to ……… . Along with this application, I/We am /are enclosing the following documents, 1. Solvency Certifi cate. 2. Bank Guarantee. 3. Bank details: Name of the bank, type of bank account, Account number, name of the branch, IFSC Code etc., (certifi cate from the concerned bank to be furnished) 4. Permanent Account Number (PAN). 5. GST Registration 6. Proof of address. 7. Status of the applicant Individual/Partners fi rm / Company. Declaration (1) I/We agree to abide by the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989) and rules made thereunder and amendments made to it from time to time and the directions or orders issued by the Director of Agricultural Marketing and Agri Business, from time to time. (2) I/We agree to keep all the necessary records and information about the functioning of our business and to co-operate to produce whatever information and documents will be asked for inspection by the approximate authority. (3) I/We agree to pay whatever charges of fees or amounts liable and due from me/us legally.32 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) (4) I/We agree not to do business with persons doing illegal business and will co-operate in taking legal action against such persons. (5) I have not been guilty of any offence or misconduct in any of the market committees working under the Directorate of Agricultural marketing. (6) I am not a partner with any person to whom a license has been refused. (7) I have not applied for this license just to avail of advantages accruing there from. (8) I have not caused any disturbance hitherto for the smooth and healthy functioning of any market committee or entered into any disreputable or fraudulent transaction with any person in the State. Signature of the Applicant Witness:- 1. Name: Address: Signature: 2. Name: Address: Signature: (9) after Form 4, the following Form shall be inserted namely:- “ FORM 4-A [See rule 25-A] Licence for operating as a trader in the State License is hereby granted to ……………. (Name)……….. (Address)………………… (Phone No.)……………………… hereinafter referred to as the licensee on payment of fee of Rs…………… for operating in the State, valid up to 31st March…………..(Year) Subject to the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989) and the Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991, on the following conditions, namely:- 1. The licensee shall abide by the provisions of the said Act and Rules. 2. This license is not transferable. 3. This license may be suspended or cancelled in accordance with the provisions of the said Act and the rules made thereunder. 4. In the event of suspension or cancellation of this license, it shall be surrendered to the Director. 5. The licensee shall carry on business as a trader at any place in the State. 6. The licensee shall pay market fees as prescribed to the concerned Market Committee.March 28, 2018] TAMIL NADU GOVERNMENT GAZETTE 33 7. The licensee shall not adulterate or cause any declared agricultural produce to be adulterated. 8. The licensee shall help the Director in preventing evasion of market fee. 9. The licensee after grant of license by the Director shall within a period of fi fteen days inform about the authorized representative of the licensee who shall be responsible on his behalf. 10. The licensee shall maintain books, register and records in the manner required by the Director and as per rules and shall make them available for inspection to the Director or Offi cer authorized by him. 11. The licensee shall furnish information and returns to the Director or Offi cer authorized by him as may be required by him from time to time. 12. The licensee shall settle the price of agricultural produce in the manner provided for under the bye-laws of the Market Committee and shall issue account slips or purchase bills according to the provisions of the said Act. 13. The licensee shall, if the declared agricultural produce is bought through his agent or by him, pay to the seller the price of agricultural produces so bought on the same day. 14. The licensee shall not solicit or receive any fee or recover any charge. 15. The licensee shall not make or recover any trade allowance. 16. The licensee shall use at his cost only authorized weights and measures wherever required. 17. The licensee shall pay to the licensed weigh-men or measurer and hamals as per the provisions of the bye-law. 18. The licensee shall inform the Director or offi cer authorized by him of any change in the constitution of the licensee. 19. The licensee shall refer all his disputes in relation to the marketing of the declared agricultural produce in the manner provided under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989) and Rules, 1991. Place: Date: Director of Agricultural Marketing Tamil Nadu State or the Offi cer Authorized by him ”; (10) after Form 7, the following Form shall be inserted, namely:- “FORM 7-A [See rule 25-A] REGISTER OF LICENCES ISSUED FOR OPERATING IN THE STATE Sl. Name and Name and address Address/es Address/es The details Year to No. address (both of partner or of places of of places of of agricultural which permanent and shareholder, etc business/ Branch Business/ Branch produces. applied for. temporary). Offi ce/s in the Offi ces out-side notifi ed area. the notifi ed area. (1) (2) (3) (4) (5) (6) (7)34 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) Date of Cash receipt Licence number Date of serving Remarks Signature of the application number and date. assigned. the licence. offi cer authorized for licence/ by the Director alteration/ additions, etc, (Please specify the purposes). (8) (9) (10) (11) (12) (13) ”. GAGANDEEP SINGH BEDI, Agricultural Production Commissioner and Principal Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU