The West Bengal Anti-profiteering Act, 1958

GOVERNMENT OF WEST BENCAL 
LAW DEPARTMENT 
Legislative 
' West Bengal Act XXIV of 1958 
THE WEST BENCAL ANTI-PROFITEERING ACT, 1958. 
[Paned by the West Bengal Legislature.] 
[Assent of the President was first published in the Coke/Pm:Gazette, 
Extraordinary, of the 46th January, 1969.] 
[26th January, 1959.] 
An Act to prevent profiteering in certain articles in daily use. 
WHEREAS it is expedient in the public interest to prevent 
profiteering in certain articles in daily use; 
It is hereby enacted in the Ninth Year of the Republic 
of India, by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the West Bengal Anti- Short tide 
profiteering Act, 1958. 	 and extent. 4" 
• (2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in D eath. 
the subject or context,— 
(a) "dealer" means any person carrying on the business 
of selling any scheduled article, and includes a 
producer, importer, wholesaler or retailer; 
(b) "importer" means any person who brings any 
scheduled article into the State of West Bengal 
from any place outside the State for the purpose 
of sale in the State; 
(o) "producer" means a person engaged in the produc-
tion, manufacture or processing of any scheduled 
article; 
(d) "profiteering", with its grammatical variations and 
cognate expressions, means the sale by a dealer 
of any scheduled article at a price or rate higher 
than that fixed under section 3; 
(g) "retailer" means a person who sells any scheduled 
article to a consumer not being a dealer; 
(f) "scheduled article" means an article specified in 
the First Schedule; and 
*price—Indian, 12 ne.;-Enfklish, 
Fixation 
of maxi-
mum and 
minimum 
prices or 
rates for 
scheduled 
articles. 
2 	 The West Bengal Anti-profiteering Act, 1958. 
[West Ben. Act 
(Section& 3—C.) 
(g) "wholesaler" means a dealer who sells any scheduled 
article to any other dealer, and includes a broker, 
commission agent or any other agent haying 
authority to sell any scheduled article belonging 
to his principal. 
3. (1) The State Government may, by order notified in 
the Official Gazette, fix in respect of any scheduled article 
the maximum price or rate which may be charged by a 
dealer or the minimum price which is to be paid by a 
purchaser. 
(2) Any order made under sub-section (1) may fix the 
maximum prices or rates or the minimum price to be paid 
by the purchaser for the same description of scheduled 
articles differently in different localities or for different 
classes of dealers. 
Offence of 	 4. Any dealer who profiteers in any scheduled article 
shall be punishable with rigorous imprisonment which may 
extend to two years or with fine or with both, and any 
scheduled article in respect of which the offence has been 
committed or such part thereof as to the court may seem fit 
shall be forfeited to the Government. 
profiteer- 
Ofience of 
refusalto 
sell and 
purohas-
ing at 
priceless 
than the 
minimum. 
5. (1) Any dealer who, without reasonable excuse,— 
(a) refuses to sell any scheduled article, or 
(b) refuses to sell any scheduled article at the price or 
rate fixed in respect thereof under section 3, 
shall be punishable with rigorous imprisonment which may 
extend to two years or with fine or with both. 
Explanation.—The possibility or expectation of obtaining 
a higher price for a scheduled article at a later date shall not 
be deemed to be a reasonable excuse for the purposes of this 
section. 
(2) Any purchaser who purchases any scheduled article 
at any price less than the minimum price fixed therefor 
under section 3 shall be punishable with rigorous imprison-
ment which may extend to two years or with fine or with 
both. 
Dealer to 
submit 
returns, 
maintain 
amounts, 
o  furnish 
'firforma-
ton, etc' 
6. (1) Every dealer shall on requisition by an officer 
duly authorised in this behalf by the State Government by 
order notified in the Official Gazette, submit to him in the 
form specified in the Second Schedule by such date and relat-
ing to such period as may be mentioned in the requisition, 
returns of stooks of any scheduled article acquired, held or 
sold by him 
The West Bengal Anti -profiteering Act, 1958. 
'XXIV of 958.] 
(Sections 7-9.) 
(2) Every dealer, unless exempted by an order made in 
this behalf, shall— 
(a) keep in the form specified in the Third Schedule a 
true account of any scheduled article acquired, 
held or sold by him after the commencement of 
this Act; 
'6'1 display in his place of business in a prominent manner 
so as to be open to public view, a list of those 
scheduled articles intended for sale the prices or 
rates of which have been fixed under section 3 in 
respect of such dealer, with the prices or rates, 
so fixed in respect thereof; 
(o) furnish to any of ficer referred to in sub-section (1), or 
any police officer referred to in sub-section (2) of 
section 9, any information in respect of the acquisi-
tion or sale by him of any scheduled article 
mentioned in clause (b); 
(d) make available to any officer mentioned in clause (c) 
for his inspection such accounts, registers, 
vouchers or other documents relating to the 
import, production, purchase or sale of any 
scheduled article mentioned in clause (b) or matters 
connected therewith as may be required by him 
7. When any police officer not below the rank of a Sub- Power to 
Inspector of Police has reasonable grounds for believing that search and 
there has been a contravention of any of the provisions of " I" - this Act, such -officer may, after recording in writing the 
grounds of his belief, at all reasonable hours enter and search 
any place where a dealer keeps, or is for the time being 
keeping, any scheduled article, accounts, registers, vouchers 
or other documents referred to in, clause (d) of sub-section 
(2) of section 6 and if necessary inspect, seize or retain all or 
any of them for so long as they may be required for any 
investigation into any offence under this Act. 
8. Any dealer who fails to comply with any of the pro- Penalty 
visions of section 6 or with a requisition issued thereunder for contra.. 
or obstructs any officer in the exercise of his powers under "fi etffill:f 
section 7 shall be punishable with rigorous imprisonment seo.;,..,,m11.0",, 
which may extend to six months or with fine or with both. 	 7. 
9. (1) All offences punishable under this Act shall be cognizance 
cognizable. 	 of offences and arrest (2) Any police officer not below the rank of a Sub-Inspec- without 
for of Police may arrest without warrant any person against warrant' 
whom a reasonable complaint has been made or credible 
information has been received of his having been concerned in any of the offences punishable under this Act. 
4 	 The West Bengal Anti-profiteering Act, 1958. 
West Beg. Act 
(Sections 10-13 and the First Schedule.) 
Indemnity. 	 10. No suit, prosecution or other legal proceedins shall 
lie against any public servant for anything which is in good 
faith done or intended to be done under this Act or any order 
made thereunder 
Power to 	 11. The State Government may, with the previous 
add to the approval of the Central Government, by order notified in 
First 	 the Official Gazette, add to the First Schedule any other 
Schedule. article of daily use, and thereupon that Schedule shall be 
deemed to be amended accordingly and the article so added 
shall be deemed to be a scheduled article within the meaning 
of this Act. 
12. If any order controlling the price of any essential 
commodity within the meaning of the Essential Commodities X of IOW 
Act, 1955 has been made before the commencement of this 
Act or is made after such commencement and such essential 
commodity is a scheduled article within the meaning of this 
Act and the order so made extends to the State of West 
Bengal or any part thereof, that order shall have effect in 
the State or part thereof, as the case may be, notwithstanding 
anything inconsistent therewith contained in this Act or any 
order made thereunder. 
13. (1) The West Bengal Anti-profiteering Ordinance, West Ben 
1958 is hereby repealed. 	 Ord. IX of 1B58. 
(2) Anything done or any action taken under the West 
Bengal Anti-profiteering Ordinance, 1958 shall be deemed 
to have been done or taken under this Act as if this Act had 
commenced on the 22nd day of October, 1958. 
FIRST SCHEDULE. 
[See section 2(f) and section 11.] 
(1) Rice and rice in the husk. 
(2) Wheat and wheat prodUcts. 
(3) Pulses. 
(4) Spices. 
(5) Edible oil. 
(6) Sugar. 
(7) Baby food. 
(8) Paper. 
(9) Drugs and medicine. 
(10) Skimmed milk powder. 
(11) Kerosene. 
Effect of orders in. consistent with the Essential Commodi-ties Act, 1955, or orders to 
under. 
Repeal and Baling& 
2'he Wert Rouyn( An 	 afiteerng  Act. 1958 
XXIV Of! 955.] 
( The Second and the Third Schedules.; 
SECOND SCHEDULE. 
[See section 6(1).] 
Form of Return of Stocks for the period from 	  
Name of dealer 	 whether producer, 
importer, wholesaler or retailer. 
Address of place of bulginess 	  
Description 
of scheduled 
article. 
Stooks held at 
the beginning 
of the period. 
Stocks subse- 
quently 
acquired with 
date and price 
of acquisition 
and names 
and addresses 
of persons 
from whom 
acquired. 
Stocks sold 
during the 
period together 
with the date 
of sale, the sale 
price and the 
names and ad- 
dresses of 
persons to 
whom sold 
(except in the 
ease of sale by 
retailers). 
4 
Stocks held 
at the end of 
the period 
(except in 
the case of 
retailers). 
5 
THIRD SCHEDULE. 
[See section 6(2)(a).] 
Form of Account of Stocks. 
Name of dealer 	 whether producer. 
importer, wholesaler or retailer. 
Address of place of business 	  
Description of 
scheduled 
article. 
Stocks held 
when Act 
comes into 
force. 
Stooks subse• 
quently aoquirtd 
with date and 
price of acquisi• 
bon and names 
and addresses 
of persons from 
whom acquired. 
Stocks sold together 
with the date of 
sale, the sale price 
and the names and 
addresses of persons 
to whom sold (except 
in the case of sale 
by retailers). 
Stooks held at 
the end of each 
day (except in 
the case of re- 
tailers) .  
2 	 3 	 4 	 6 
WBGP.55/00434441.5M 

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