LexThe West Bengal Markets Regulation Act, 1968
West Bengal · state statute
Open in Lexace · Ask the AI about this actPresident's Act No. 28 of 1968 THE WEST BENGAL MARKETS REGULATION ACT, 1 [31st October, 19681 4r, Enacted by the President in the Nineteenth Year of the Republic of India. An Act to .provide Beni the regulation of markets in the State of West gal which agricultural produce is bought or sold. In exercise of - the powers conferred by section 3 of the West Bengal State Legislature- (Delegation of . Powers) Act, 1968,• the President is pleased to enact as follows:-- Markets Regulation Act, 1 comm. 968. Bengal Short title, extent and 1. (1) This Act may be called the West • Rneenlent. (2) It extends to the whole of West Bengal. . (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different, areas. 2. In this Act, unless the context otherwise requires,— (1) "agricultural produce" means any produce of agriculture, horticuliture, pisciculture, forestry or animal husbandry or any other produce declared by the State Government, by notifica- tion in the Official Gazette, to be agricultural 0 produce for the purposes of this Act, and includes any such produce which has been 'e holly or partly processed; (2) "broker" means an. agent whose ordinary course of business is to negotiate and make contracts on payment of commission for the purchase or sale of agricultural produce on behalf of his .principal, but does not include a servant of such principal engaged in negotiating or making such contracts; (3) "Calcutta" has the same meaning as in the Calcutta Municipal Act, 1951; 6 of 1968. Definitional West Bengal Act XXXIII of 1951. 2 The West D iengal Markets Regulation Act, 1968. [President's Act (4) "commission agent" means a person who buys and sells agricultural produce for any person, keeps it . in hiscustody and controls it during the process of its sale or purchase, and collects pay- ment therefor from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount. involved in each transaction; (5) "Director" means the Director of Agriculture, West Bengal, and includes the Additional Director of Agriculture (Marketing), West Bengal; (6) "District Magistrate?' means the chief officer charged with the executive administration of a district in criminal matters by whatever designation called, and includes an Additional District Magistrate; (7) "Inspecting Officer" means an Inspecting -Officer appointed under section 23; (8) "licensing authority" means the authority referred to in, section 3 for issuing a licence under that section; (9) " market" means any place at which people ordinarily assemble, either daily or on fixed days for the purchase or sale of agricultural produce, irrespective of whether any other commodity is purchased or sold in such place or not, and includes any place at which any fair or niela is held for more than three consecutive days : Provided that the State Government may, if it so thinks fit in the public interest, by notification in the Official Gazette, declare any such place not to be a market and thereupon such place shall not be deemed to be a market for the purposes of this Act ; (10) "market committee" means a market committee constituted under sub-section (1) of section 9 and includes a special market committee consti- tuted under the proviso to that sub-section; (11) "measurer" means a person whose business is to measure a consignment of agricultural produce for sale; (12) "prescribed" means prescribed by rules made under this Act; (13) "proprietor" in relation to a market includes the lessee thereof ; (14) "rent", in relation to a market, means anything lawfully payable in cash or in kind to the proprietor of the market for the use or occupa- tion of any land, with or without any structure thereon, in the market; West Bengal Act XXIII of 1958 The West Bengal Markets Regulation Act, 1968. •3 28 of 1968.] (15) "standard weight" and "standard measure" have the same meanings respectively assigned to them in the West Bengal Standards of Weights and Measures (Enforcement) Act, 1958; (16) "Sub-divisional Magistrate" means any Magistrate in charge of a sub-division of a district and includes an Additional Sub-divisional Magistrate; (17) "trade allowance" means anything realised in cash or in kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise; Explanation.—In this clause "purchaser" includes a commission agent; (18) "warehouseman" means a person whose business is to store agricultural produce in any building, structure or enclosure on behalf of persons depositing such produce; and (19) "weighman" means a •person who, in the ordinary course of business, is engaged in the weighing of agricultural produce in connection with a transaction of sale or purchase thereof. 3. After six months from the commencement of this Licence Act in any area— for pro- prietors of (a) no person shall establish a new market in such area, markets. and (b) no proprietor of an existing market in such area shall continue to run such market, except under and in accordance with the terms -and condi-tions of a licence issued to him in this behalf by such authority, in such form and subject to such terms and conditions as may be prescribed : Provided that— (i) the State Government may, by notification in the Official Gazette, extend the said period of six months to such extent as may be specified in the notification in respect of any area or any class of markets; (ii) it shall not be necessary for any local authority or market committee to take out any licence under this section in respect of any market of which such local authority or market committee is the proprietor. 4. An application for a licence under section 3 shall be made to the licensing authority in. such form and con- taining such particulars and shall be accompanied by such fee, not exceeding two hundred rupees, as may be prescribed. Applica- tion and fee for licence. Period of licence and renewal. 4° The West Bengal Markets Regulation Act, 1968. [President's Act 5. A licence issued under section 3 shall be valid for a period of one year from the date of its issue and may, from time to time, be renewed for a period not exceeding one' year at a time by the licensing authority on applica- tion made in this behalf in such manner as may be prescribed and on payment of a fee equal to one-half the amount Qf the fee payable for the issue of the licence in the first instance. Liability 6. The person establishing a new market or the. for taking proprietor of an existing market actually running such or renewing market shall be responsible for taking out or renewing licence. -under section 3 or section 5, as the case may be, the licence required in respect, of the market. 7. The licensing authority may refuse— (a) to issue a licence under section 3 in respect of any market which is proposed to be established or is existing on the date of application for the licence, if such market does not satisfy the requirements of this Act and the rules made thereunder or (b) to renew the licence under section 5 in respect of any market if the terms and conditions of the existing licence are not complied with to the satisfaction of the licensing authority : Provided that in the case of a market existing on the date of application for the licence, the licensing authority may issue an interim licence for such period and on such terms and conditions as may be prescribed so as to enable the proprietor thereof to comply with the requirements of this Act and the rules made thereunder. Duties of 8. It shall be the duty of the proprietor of every pro- market— prietors of markets. (1) to maintain in such manner as the market com- mittee may, having regard to local conditions, direct, the structures, pathways and open spaces in the market; and (2) to make in the market such arrangements as the market committee may, having regard to local conditions, direct— (a) for conservancy and drainage, (b) for the supply of drinking water for the persons and animals using and used in the market, and (c) generally for the safety and convenience of the persons, animals and vehicles using and used in the market. Refusal to issue or renew licence in respect of a market. The West Bengal Markets Regulation Act, 1968. 5 28 of 1968.] 9. (1) The State Goverurnent may, by notification in the Official Gazette, constitute for such area as may be specified in the notification a market committee which shall in that area exercise and perform the powers and duties conferred and imposed on a market committee by or under this Act : Provided that if, in respect of any market, the State . Government thinks fit so to do in the public interest, it may at any time, by notification in the Official Gazette, constitute a special market committee for such market. (2) Notwithstanding anything contained in sub-section (1), when a special market committee referred to in the proviso to that sub-section is constituted for any market, such special market committee shall, to the exclusion of any other market committee, exercise and perform in respect of such market the powers and duties conferred and imposed on a market committee by or under this Act. Market committee. 10. Every market committee shall be a body corporate by such name as the State Government may specify in the notification constituting the market committee, shall have perpetual succession and a common seal, may sue and be sued in its corporate name, and shall be competent to acquire, hold and dispose of property, movable or immovable, to enter— into contracts and to do all such things as may, from time to time, be necessary for the purpose of carrying out its functions under this Act: Provided that, save as the State Government may, by general or special order, otherwise direct, no -market com- mittee shall permanently transfer any immovable. property except in pursuance of a resolution passed at a meeting of the market committee by not less than three-fourths of its members and with the previous sanction of the State Govern- ment. Incorpora- tion of market commi- ttees. 11. (1) Every market committee shall consist of twelve Members of in embers as follows : market (a) an officer of the State Government who shall be the ttee. commi- President of the market committee; an officer of the Directorate of Agriculture, West Bengal, having jurisdiction over the area for which the market committee is constituted, who shall be the Secretary of the market committee; one person to represent the members of any co-operative marketing society or societies hold- ing licence or licences for transacting business in any market in the area over which the market committee has jurisdiction or, if there is no such marketing society in such area, to represent the members of any other co-operative society or societies functioning in such area; (b) (c) 6 The West Bengal Markets Regulation Act, 1968. . [President's Act (i) "co-operative society" means a co-operative society registered under the Bengal Co-operative Socie- Ben gal of ties Act, 1940; (ii) "co-operative marketing society" means a co- 1940. operative society which has as its principal object the object .of promotion of sale, or pur- chase of agricultural produce; (d) two, persons, one to represent the proprietors of markets in the area over which the market committee has jurisdiction and the other to represent the local authority in such area; (e) five persons to represent the growers of agricultural produce in the area over which the market com- mittee has jurisdiction; Explanation.—In this clause "grower of agricultural produce" includes a person who produces by himself or by hired labour or otherwise, or receives under a tenancy-agreement, any agri- cultural produce, but does not include a person who acts as a commission agent or dealer in respect of such agricultural produce; (I) two persoiis to represent the licensed vendors using the markets in the area over which the market committee has jurisdiction. (2) The members of every market committee shall be appointed by the State Government in consultation with the Director : Provided that the representatives mentioned in clauses (0), (d), (e) and (f) of sub-section (1) shall, in the case of a market Committee for any area outside Calcutta, be appointed after considering also the recommendations of the District Magistrate. Explanation.—In this clause— C.3 Disquali- fication for member- ship of a market committee. Term of office. 12. No person who— (a) .is an employee of a market committee, or (b) has been declared by a competent court to be of unsound mind, or (c) is an undischarged insolvent, or (d) has been convicted by a court of law for an offence involving moral turpitude, shall be eligible to be appointed as a member of any market committee. 13. The members of every market committee shall hold office for such term, not less th_an three years, and on such terms and conditions as may be prescribed: Provided that a member of a market committee may, on the expiry of his term of office, be re-appointed. The West Bengal Markets Regulation Act, 1968. 7 28 of 1968.] 14. (1) If, at any time, - a vacancy occurs in the office of a member of a market committee by reason of the non- acceptance of office by a person appointed as such member or by the removal, death or resignation of such member before the expiry of his term of office, the vacancy shall be filled in by a fresh appointment of a person belonging to the class which such member represented. (2) Every such person shall hold office so long only as the member in whose place he is appointed would have held office if the vacancy had not occurred. 15. The State Government may, by notification in the Official Gazette, remove any member of a market committee from his office as such, if such member has, in the opinion of the State Government, been guilty of misconduct or neglect of duty or become disqualified within .the meaning of section 12: Provided that before issuing any such notification in respect of any member of a market committee the State Government shall communicate to him in writing the reasons for the proposed removal and shall give him an opportunity of making his representation, if any, against such removal. 16. No action of a market committee shall be called in Validity of question merely by reason of the existence of any vacancy action of in, or any defect in the constitution of, the market committed a market at the time of taking such action. Casual vacancy. Removal of member. 17. A market committee may, for the purpose of carry- Staff of ing out its functions under this Act, employ such officers and market other employees on such pay and allowances and on such committee. terms and conditions as may be prescribed : Provided that no member of a market committee shall be appointed to be an employee thereof. 18. (1) The duties of a market committee shall be generally to make enquiries or cause enquiries to be made and submit, in Calcutta to the Director and; in any other place, to the District Magistrate, such periodical reports as may be prescribed, on the working of the provisions of this Act and the rules made thereunder and the observance thereof by all persons concerned, in respect of every market within the local limits of its jurisdiction, and in particular to— (a) direct, having regard to local conditions, in what, manner the structures, pathways and open spaces in such market shall be maintained and what arrangementS shall be made therein for conserv- ancy, drainage and supply of drinking water; (b) grant or renew licences under section 22 and to make or cause to be made such enquiries as may be necessary for the purpose; Duties of market committee. 8 The West Bengal Markets Regulation Act, 1968. [President's Act (a) administer the Market Committee Fund referred to in sub-section (1) of section 21 and maintain the accounts thereof in the prescribed manner; (d) make enquiries or cause enquiries to be made and submit reports, in Calcutta to the Director and, in any other place, to the Sub-divisional Magis- trate, on matters relating to the fixation under section 25 of fair and equitable rents or rates of rent in such market when so required by the Director or the Sub-divisional Magistrate, as the case may be, and also on matters, if any, involv- ing contravention of the provisions of this Act or the rules made thereunder in respect of such market; keep a set of standard weights and standard measures in each such market against which weighment and measurement may be chteked ; collect and furnish such statistics and information relating to every such market and the marketing of agricultural produce as may be required by the Director, the District Magistrate or any other person authorised by the State Government in this behalf ; (g) publish and disseminate in the prescribed manner for the benefit of sellers and purchasers the prescribed market information and such other instructions as may be issued by the Director in this behalf; (it) settle such disputes between buyers and sellers of agricultural produce or their agents in such manner as may be prescribed; (i) promote grading and standardisation of such agricul- tural produce in such manner as may be prescribed; (j) standardise market practices and methods of sale and purchase of agricultural produce in the prescribed manner; and (k) perform such other duties as may be entrusted to it from time to time by the State Government or the Director. (e) (f) Estab- lishment of markets by market committee. (2) Subject to rules made under this Act, a market com- mittee, other than a special market committee referred to in the proviso to sub-section (1) of section 9, may delegate to a sub-committee or sub-committees constituted by it from amongst its members in such manner as may be prescribed, all or any of its functions under this Act in respect of any market or any class of markets over which it has jurisdiction. 19. (1) If in the opinion of the State Government it is necessary so to do for the efficient regulation of markets in any area, the State Government may direct the market com- mittee having jurisdiction over such area to establish one or more markets in such area. (3) .Expenditure may be incurred from the Market Com- mittee Fund for the following purposes, namely : — (a) payment of pay, pension, leave allowances, gratuities, compensatory allowances and contribu- tions towards leave_ allowances, pension and provident fund of the officers and other employees employed by the market committee; (b) payment of interest on loans, if any, raised by the market committee for carrying out its functions under this Act and provision of a sinking fund for the purpose of repayment of such loan; (c) acquisition or taking on lease, of any premises or site for the office of the market committee or for carrying out any other purposes of this Act ; 20. If at any time the State Government considers it necessary so to do in the public interest, it may, by notifica- tion in the Official Gazette, dissolve any market committee and proceed to reconstitute it in accordance with the provi- sions of section 11 and appoint a person to perform the func- tions of the market committee, until it is so reconstituted. 21. (1) For every market committee, there shall be a fund to be called the Market Committee Fund to which shall be credited all income derived by the market committee from fees for the issue or renewal of licences under section 22 and all other moneys received by the market committee from any source whatsoever including rents or any donation or con- tribution from a private person and all expenses incurred by the market committee for the purposes of this Act shall be paid out of the said fund. (2) Any surplus remaining in the Market Committee Fund after meeting all expenditure under sub-section (1) shall be. invested in such manner as may be prescribed. The West Bengal Markets Regulation Ad, 1968. 9 28 of 1968.] (2) Where the State Government directs a market com- mittee to establish any market, the State Government may acquire any land which, in its opinion, is needed for the purposes of such market under the provisions of the Land I of 1894. Acquisition Act, 1894, or'any other corresponding law for the time being in force. (3) Any land acquired under sub-section (2) shall be transferred by the State Government to the market committee on payment by the market committee of the compensation awarded in accordance with the law under which such land is acquired and of all other charges incurred by the State Governnent on account of the acquisition, within such period and in such manner as the State Government may, by order, determine and on being so transferred, such land shall vest in the market committee. (4) A market committee shall maintain and manage any market established by it under this section in accordance with such directions as the Director, in Calcutta and, in any other place, the District Magistrate may, from time to time, issue in this behalf. Dissolu- tion of market committee. Market Committee Fund. 10 The West Bengal Markets Regulation Act, 1968. [President's Act (d) acquisition of a site or sites for any market to be established by the market committee and construc- tion, repair, maintenance and improvement of any buildings or other structures necessary for the purposes of such market; (e) construction, repair, maintenance and improvement of any buildings or structures 'for the office of the market committee or necessary for carrying out any other purposes of this Act; (f) maintenance of sets of standard weights and standard measures referred to in section 18; (,g) collection, furnishing, publication and dissemination of statistics, information and other instructions referred to in section 18; (7) meeting all other expenditure incurred by the market committee under• or for the purposes of this Act. (4) The Market Committee Fund shall be operated by the President jointly with the Secretary or another member of the market committee and the accounts thereof shall be kept and audited in such manner as may be prescribed. Licence for sellers and purchasers for resale of articles, etc., in markets. 22. (1) After six months from the commencement of this Act in any area, no person shall, within any market in such area, carry on business or act as a broker, commission agent, weighman, measurer or warehouseman or sell or purchase for resale any prescribed article or set-up, establish or continue a stall, shed or other structure for storage, sale or purchase for resale of such article, except under and in accordance with the terms and conditions of a licence issued in this behalf under sub-section (2): Provided that— (i) it shall not be necessary for any local authority to take out any licence under this section; (ii) the State Government may, in the public interest, by notification in the Official Gazette, exempt such classes of sellers or purchasers for resale as may be specified in such notification from the opera- tion of this section. (2) Any person desiring to obtain a licence under sub- section (1) may make an application to the concerned market committee in such form as may be prescribed. (3) On receipt of an application under sub-section (2), the market committee may issue the licence in such form and subject to such terms and conditions as may be prescribed and on payment of fees at such rates, not exceeding such maximum rates as may be prescribed, as the market com- mittee may determine. (4) Any licence issued under sub-section (3) may he renewed by the market committee from time to time on application made in this behalf by the licensee and on pay- ment of a fee equal to the fee payable for the issue of such licence in the first instance. The West Bengal Markets Regulation Act, 1968. 11 28 Of 1968.] (5) The market committee may refuse to issue or renew any licence under this section in favour of any person if it is satisfied that such person has previously been convicted by a court( of law for an offence punishable under this Act 23. (1) The State Government may appoint as many Inspecting Officers as may be necessary for carrying out the purposes of this Act and may, by general or special order, define the jurisdiction of each such Inspecting Officer. (2) Subject to the provisions of this Act, an Inspecting Officer shall perform his duties under the superintendence in Calcutta, of the Director, and in any other place, of the District Magistrate. (3) The duties of an Inspecting Officer shall be— (a) to make enquiries and submit reports on matters relating to the grant or renewal of licences under section 3 or section 5, as the case may be, when so required by the licensing authority; and (b) to perform such other duties as may be entrusted to him from time to time by the State Government or the Director. 24. For the purpose of performing the duties uncl-r this Act and the rule made thereunder, a market com- mittee or an Inspecting Officer may require the proprietor of any market within its or his jurisdiction or any licensed vendor therein to produce for inspection before any person authorised in this behalf by such market committee or before such Inspecting Officer, as the case may be, any books, accounts, licences or other documents relating to such market or any transaction therein, of which such proprietor or vendor may be in possession and thereupon such, proprietor or vendor, as the case may be, shall be bound to comply with such requisition. Inspecting Officers. Power to require production of books, accounts, etc. 25. (.1) The proprietor of every market situated within any area in which this Act is brought into force shall, within a period of three months from— (a) the date on which this Act is brought into force in that area, in the case of markets existing on such date, and (b) the establishment of the market, in the case of markets established after such date, srabmit in Calcutta, to the Director, and in any other place, to the Sub-divisional Magistrate, a statement in the pres- cribed form showing rents or rates of rent which he may have been charging or proposes to charge from different persons for use of such market and such other information as may be prescribed. Fair and, equitable rent in market. 12 The West Bengal Markets Regulation Act, 1968. [President's Act (2) On the expiry of the period of three months referred to in sub-section (1), the Director or the Sub-divisional Magistrate, as the case may be, shall make or cause to be made such inquiries as may be prescribed and shall,— (a) where he is satisfied that the rents or rates of rent charged or proposed to be charged by the proprie- tor are fair and equitable, declare the same to be so, and (b) where he is not so satisfied, or where no statement is furnished as required by sub-section (1), fix the rents or rates of rent to be charged by the pro- prietor from different persons for use of the market and declare the same to be fair and equitable, and shall indicate in such declaration the date from which the declaration shall take effect. (3) The Director or the Sub-divisional Magistrate, as the case may be, shall cause copies of every declaration made under sub-section (2) to be maintained in his own office and in the office of the market committee concerned and to be published in the market concerned and in such other manner as may be prescribed. (4) Subject to any orders that may be passed in appeal under section 31, all rents or rates of rent in respect of which a declaration has been published under sub-section (3" shall be deemed to be fair and equitable rents or rates of rent within the meaning of this Act with effect from the date from which such declaration takes effect. Fees, tolls 26. After a declaration as to the fair and equitable rents or other or rates of rent fixed under section 25 comes into effect in any charges market, the proprietor of such market shall not receive or and rent in excess of realise from any person using the market, any fees, tolls or fair and other charges, either in cash or in kind for selling any equitable article in such market or any rent in excess of the fair and to rent be not equitable rent or rate of rent so fixed in respect of any land, received or stall, shed or other structure in the market. realised. Prohibition 27. No trade allowance other than such as may be as to trade prescribed, shall-be received or given by any person in any allowance. transaction. Power of 28. If on application by a market committee or by any Director, Inspecting Officer or on local inspection or inquiry, the District Magistrate Director, the District Magistrate or the Sub-divisional and Sub- Magistrate is satisfied that any of the duties referred to in divisional section 8 is not being properly performed by the proprietor Magistrate of any market, he may, after giving the proprietor an oppor-in respect of non- tunity of being heard, issue an order directing the proprietor observance to take such action within such period as may be specified in of the the order : provisions of section Provided that no such order shall require any proprietor 8. to take any action involving an expenditure in any year of an amount in excess of fifty. per cent. of the gross annual rent realisable from such market. The TV est Bengal Markets Regulation, Act, 1968. 13 28 of 1968.] 29. (1) Subject to the provisions of section 32, if the proprietor of any market fails to carry out an order, issued under section 28 within the period specified in the order, the Director, the District Magistrate or the Sub-divisional Magistrate, as the case may be, may cause the order to be given effect to by such other agency as he may think fit so that the cost thereof does not exceed in any year fifty per cent. of the gross annual rent realisable by the proprietor from the market and then recover from the proprietor such cost together with a sum not exceeding fifty per cent. of such cost, by way of penalty. (2) Any sum recoverable from the proprietor of any market under sub-section (1) shall be recoverable as a public demand. 30. (.1) Any person aggrieved by an order of the licensing authority under section 7 or of the market committee under section 22 refusing to issue or renew a licence may, within thirty days from the date on which the order is communi- cated to him, prefer an appeal to such authority, in such manner and on payment of such fee, not exceeding twenty rupees, as may be prescribed : Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by suffi- cient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an. opportunity of being heard, dispose of the appeal as expedi- tiously as possible and th e decision of the appellate authority thereon shall be final. Power to secure compli- ance with an order under section 28. Appeal against order of the licensing authority under section 7 or of the market committee under section 22. 31. (1) Any person aggrieved by a declaration made by Appeal the Director or the Sub-divisional Magistrate, as the case against ec may be, under sub-section (2) of section 25 may, within d thirty days from the date on which such declaration is coin- tions lara- made by mulaicated to him,- prefer an appeal in such manner and on the payment of such fee as may be prescribed,— Director or the (a) to the State Government, if the declaration is made Sub- by the Director, or divisional (b) to the District Magistrate, if the declaration is Magistrate under made by the Sub-divisional Magistrate : section 25. Provided that the State Government or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days if the State Government or the District Magistrate is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the State Government or the District Magistrate, as the case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible and the decision of the State Government or the District Magistrate thereon shall be final. 14 The West Bengal Markets Regulation Act, 1968. [President's Act Appeal 32. (1) Any person aggrieved by an order passed by against the Director or the District Magistrate or the Sub-divisional orders of Director or Magistrate under section 28 may, within thirty days from the District the date on which the order is communicated to him, Magistrate appeal in such manner and on payment of such fee as may Sr the Sub- be prescribed,-- divisional (a) to the State Government, if the order is passed by Magistrate the Director, or under section 28. (b) to the Commissioner of the Division, if the order is passed by the District Magistrate, or (c) to the District Magistrate, if the order is passed by the Sub-divisional Magistrate : Provided that the State Government or the Commis- sioner of the Division or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days if the State Government or the Commissioner of the Division or the District Magistrate is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the the State Government or the Commissioner of the Division or the District Magistrate, as the case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible and the decision of the State Government or the Commissioner of the Division or the District Magistrate thereon shall be final. co 45 of 1860. Members and employees of market committee to be public servants. Power of State Govern- ment to take over manage- ment of market. 33. Every member, including the President and the Secretary, and every officer or other employee, of a market committee shall ,be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 34. (1) If in Calcutta, the Director, or, in any other place, the District Magistrate, has reason to believe that the proprietor of any market has wilfully neglected to comply with the terms and conditions of the licence granted to him in respect of such market or has persistently made default in the performance of the duties imposed upon him by or a under this Act, the Director or, as the case may be, the District Magistrate may make a report to the State Government recommending that action be taken against such proprietor under this section. (2) If after considering the report made under sub- section (1) and after giving the proprietor of the market an opportunity of being heard, the State Government is of opinion that it is necessary so to do in the public interest or for the purpose of securing the proper management of the market, the State Government may, by notification in the Official Gazette, take over the management of such market for such period, not exceeding ten years, as may be specified in such notification. The West B 1engal Markets Regulation Act, 1968. 15 28 of 1968.] (3) On and from the date of a notification issued under sub-section ,.(2) taking over the management of a market, and until the expiry of the period specified in such notification, the proprietor of the market shall be divested of the management of the market and he shall not realise any rent in respect of any land, stall, shed, or other structure in the market. (4) When the State Government takes over the management of a market, it shall, by an order made in this behalf, appoint the market committee having juris- diction over the area in which the market is situated to conduct the management of the market, in such manner as may be prescribed, under the direction and control, in 1, • Calcutta, of the Director and, in any other place, of the District Magistrate. (5) The market committee shall realise all rents realisable by the proprietor of the market in respect of lands, stalls, sheds or other structures in the market and credit them to an account which shall be kept and audited in the prescribed manner. (6) All expenses incurred by the market committee in connection with the management of the market, including the expenses of maintenance, repair and improvement of the buildings or structures in the market or the perform- ance on behalf of the proprietor of any of the duties referred to in section 8, shall be paid out of the income derived from the rents realised from the market and the balance of such income, if any, shall be payable by the market committee to the proprietor of the market in such Manner and at such intervals as may be prescribed. (7) Any dispute as to the amount payable under sub-section (6) to the proprietor of the market shall be referred to the State Government, whose decision thereon shall be final. (8) Immediately on the expiry of the period specified in a notification under sub-section (2), the market committee shall, in the prescribed manner, make over the management of the market to its proprietor. 35. The State Government may, by notification in the Official Gazette, exempt, for reasons to be stated therein, any market established or managed by a market committee from all or any of the provisions of this Act or the rules made thereunder. 36. No suit, prosecution or other legal proceeding shall lie in any court against any officer or any member (including the President and the Secretary) or employee, of a market committee or any other person authorised by or under this Act to carry out any of the purposes of this Act, for anything done or intended to be done in good faith under this Act or any rule made thereunder. Power to exempt. Indemnity. Certain orders not to be called in question in court. Penalties. 16 The West Bengal Markets Regulation, Act, 1968. [President's Act 37. No order under this Act or the rules made there- under fixing or varying the licence fees or other charges or the rates of such fees or charges shall be called in question in any court. 38. (1) If any person contravenes the provisions of section 3 or section 22, he shall be punishable with fine which may extend to two hundred rupees. (2) If any person fails to comply with a requisition made under section 24, he shall be punishable with fine which may extend to one hundred rupees. (3) If any person contravenes the provisions of section 26, he shall be punishable with fine which may extend to one hundred rupees. (4) If any person contravenes the provisions of section 27, he shall be punishable with fine which may extend to two hundred rupees. to 39. (1) The State Government may, by notification in the Official Gazette, make, after previous publication, rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : — (a) the authority by which, the form in which and the terms and conditions subject to which, licences may be issued under section 3; (b) the form and the particulars to be contained in an application under section 4 and .the fee by which such application shall be accompanied; the manner of making an application under section 5 for renewal of licence; (d) the terms and conditions on which an interim licence may be issued under the proviso to section 7 ; the term of office of a member of a market com - mittee and the terms and conditions on which such office may be held; the officers and other employees that may be employed by a market committee and the pay, allowances and other terms and conditions of service of such officers and other employees ; the manner of administering the Market Com- mittee Fund referred to in sub-section (1) of section 21 and of maintaining accounts thereof ; Power make rules. (e) (e) (I) (g) The West Bengal Markets Regulation Act, 1968. 17 28 of 1968.] (h) the market information referred to in clause (g) of sub-section (1) of section 18 and the manner of publishing and disseminating such market information and other instructions of the Director under that clause; (i) the nature of the disputes that may be settled render clause (h) of sub-section (1) of section 18 and the manner of settling such disputes; (j) the constitution of sub-committee or sub-committees of a market committee under sub-section (2) of section 18; (k) the manner in which the surplus remaining in the Market Committee Fund referred to in sub-section (11) of section 21 shall be invested and the manner in which the accounts of tha -b Fund shall be kept and audited; (1) the form in which, the maximum rates of fee on payment of which and the terms and conditions subject to which, licences may be issued under sub-section (3) of section 22; (m) the inquiries -which may be made under sub-section (2) and the other manner in which a declaration may be published under sub- section (3), of section 25; (m) the trade allowance referred to in section 27 which may be received or given under that section; (o) the authority to which, the manner in which and the fee on payment of which, an appeal may be preferred under section 30; (p) the manner in which and the fee on payment of which an appeal may be preferred under section 31 or section 32; (q) any other matter which has to be or may be prescribed. 40. The provisions of this Act shall have effect not- withstanding anything to the contrary contained in any other law or in any contract, express or implied, or in any instrument and notwithstanding any custom or usage to the contrary. Act to override the provisions of other laws, etc. 41. If in any area in which this Act is brought into Repeal. force, there is any provision of any other law which corres- ponds to any provision of this Act, such corresponding provision of such other law shall stand repealed in such area. 18 The West Aengal Markets Regulation Act, 1968. [ Preside nt's Aet Reasons for the enactment In varying degrees in the markets in West Bengal, buyers and sellers and, in particular, cultivators selling their produce, are subject to many disadvantages and malpractices amongst which the following are the most prevalent: (i) The rents realised by the owners and lessees of markets are often excessive and there are cases of grower-sellers having to pay, in. addition to rents, certain levies either in cash or in. kind. (ii) The system of sale in the market generally acts to the disadvan- tage of the producers and the benefit is largely appropriated by the middlemen and the merchants who on various accounts made deduction from the agreed price. . (iii) No grading and standardisation of agricultural produce is done at the time of sale and this system aAso acts to the disadvantage of the producers; by mixed sale, producers often lose the price premium which they would have got if the sales were conducted -under standard grades. (iv) Many of the markets are mismanaged. Sanitary and other arrangements are inadequate, causing inconvenience to the users of the markets and creating unhealthy condition. (v) Many of the owners hardly spend -any amount fOr proper main- tenance and improvement of the markets. (vi) Reliable information as to prices, stocks, sales, despatches, arrivals, _ etc., in respect of different markets are not usually available, though this is essential to formulate price and distribution policy and programme in regard to essential commodities. 2. The object of th
Excerpt shown. Open the full act in Lexace.