The west bengal markets regulation act, 1970

West Bengal. Act VII of 1970 
Presi-
dent's 
Act 28 
of 1968. 
THE WEST BENGAL MARKETS REGULATION ACT, 1970. 
[Passed by the TVest Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 24th February, 1970.] 
[24th February, 1970.] 
An Act to re-enact, with modification, the provisions of the 
West Bengal Markets Regulation Act, 1968. 
WHEREAS the West Bengal Markets Regulation Act, 
1968, providing for the regulation of markets in the State of 
West Bengal in which agricultural produce is bought or sold 
was enacted by the President of India during the period of 
operation of the Proclamation issued by the President of 
India on the 20th day of February, 1968, under article 356 
of the Constitution of India in relation to the State of West Bengal.; 
AND WHEREAS it is expedient to re-enact, with modifica-
tion, the provisions of the said West Bengal Markets 
Regulation Act, 1968; 
It is hereby enacted in the Twenty-first Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows : — 
1. (1) This Act may be called the West Bengal Markets 
Regulation Act, 1970. 
(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. 
Short title, 
extent and 
comm-
encement. 
2. In this Act, unless the context otherwise requires,— 	 fi  • • De rations. 
(7) "agricultural produce" means any produce of agri-
culture, horticulture, pisciculture, forestry or 
animal husbandry or any other produce declared 
by the State Government, by notification in the 
Official Gazette, to be agricultural produce for 
the purposes of this Act, and includes any such 
produce which has been wholly or Partly 
processed ; 
2 	 The West Bengal Markets Regulation Act, 1970. 
[West Ben. Ac t 
(Section 2.) 
(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 West 
Ben. Aet 
Municipal Act, 1951 ; 	 MILE  
of 1951.. 
(4) "commission agent" means a person who buys and 
sells agricultural produce for any person, keeps 
it in his custody and controls it during the 
process of its sale or purchase, and collects pay-
ment theref or 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 designa-
tion 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 ordi-
narily assemble, either daily or on fixed days for 
the purchase or sale of agricultm al produce, 
irrespective of whether any other commodity is 
purchased or sold in such place or not, and in-
cludes any place at which any fair or mela is 
held for more than three consecutive days : 
Provided that the State Government may, if it so thinks 
fif 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 constituted 
under the proviso to that sub-section; 
n. Ac 
se  of 
is  on 
le of 
dipal 
acts; 
utta West 
Ben. Act. 1 
XXX_Ill 
, of 1951., A 
an 
eeps 
the 
Pay" the 
or a 
aunt 	 West 
Aet 
xTri  
tf 1958. 
est 
of 
er 
of a 
na-
riot 
er 
red 
that 
rai-
for 
is 
fin-
is 
the 
be 
be 
hie 
The West Bengal Markets Regulation Act, 1970. 	 3 
1111 of 1970.1 
(Section 3.) 
(11) "measurer" means a person whose business, is to 
measure a consignment of agricultural Produce 
for sale; 
(12) "prescribed" means prescribed by rules 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 pro-
prietor of the inarket for the use or occupation 
of any land, with or without any structure there-
on, in the, market ; 
(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 in-
cludes 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 tran-
saction of sale or purchase thereof. 
3, After six months from the commencement of this Li cence 
for pro- 
Act in any area— 	 prietora of. 
(a) no person shall establish a new market in such area, markets. 
and 
(b) no proprietor of an existing marl:et in such area 
shall continue to .  run such market, 
except under and in accordance with the terms and con-
ditions of a licence issued to him in this behalf by such 
authority, in such form and subject to such terms and con-
ditions as may be prescribed : 
ee 
of 
tad 
Provided that— 
(i) the State Government may, by notification in the 
Official Gazette, extend the said period of six 
4 
4 	 The West Bengal Markets Regulation Act, 1970. 
[West Ben. Act 
(Sections 4-7,) 
months to such extent as may be specified in the 
notification in respect of any area or any class of 
market; 
(ii) it shall not be necessary f or 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 containing 
such particulars and shall be accompanied by such fee, not 
exceeding two hundred rupees, as may be prescribed. 
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 application made 
in this behalf in such manner as may be prescribed and on 
payment of a fee equal to one-half the amount of the fee 
payable for the issue of the licence in the first instance. 
6. The person establishing a new market or the pro-. 
prietor of an existing market actually running such market. 
shall be responsible for taking out or renewing 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— 
Ka) 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. 
Applies-
bin' a and 
fee for 
Spence. 
Period of 
Neenee and 
renewal 
Liability 
for 
taking or 
renewing 
licence. 
Refusal to 
issue or 
renew 
licence in 
respect of ,1 
a market. 
The West Bengal Markets Regulation, Act, 1970. 	 5 
VII 01 1970.] 
(Sections 8-10.) 
8. It shall be the duty of the proprietor of every 
market— 
(1) to maintain in such manner as the market com- 
ritY 
may, having regard to local conditions, 
	
der 	 direct, the structures, pathways and open spaces 
	
hioh 	 in the market; and 
	
the 	 42) to make in the market such arrangements as the 
market committee may, having regard to local 
conditions, direct— 
(a) for conservancy and drainage, 
	
7f, be 	 .(b) for the supply of drinking water for the persons 
	
ring 	 and animals using and used in the mar ket, and 
not (c) generally for the safety and convenience of the 
persons, animals and vehicles using and used 
in the market. 
't for 
	
*an 	 9. (1) The State Government may, by notification in 
	
',one 	 the Official Gazette, constitute for such area as may be 
	
-lade 	 specified in the notification a market committee which shall 
	
j on 	 in that area exercise and perform the powers and duties 
	
'- fee. 	 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 
	
pro-' 	 at any time, by notification in the Official Gazette, constitute 
	
oket 	 a special market committee for such market. 
ider 
	
fired 	 ,(2) Notwithstanding anything contained in sub-section 
(1), when a special market committee referred to in the 
proviso to that sub-section i,s 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 
	
:-any 	 ,on a market committee by or under this Act. A 
r is 
	
,•;°e, 	 10. Every market committee shall be a body corporate 
	
'tits 	 by such name as the State Government may specify in the -711r notification constituting the market committee, shall, have 
4 of perpetual succession and a common seal, may sue and be 
	
: the 	 sued in its corporate name, and shall be competent to 
acquire, hold and dispose of property, movable or immovable, 
	
fibs 	 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: 
the 
	
,413,g 	 Provided that save as the State Government may, by 
	
each 	 general or special order, otherwise direct, no market com- 
	
Say 	 mittee shall permanently transfer any immovable property 
	
/eof 	 except in pursuance of a resolution passed at a meeting of 
	
and 	 the market committee by not less than three-fourths of it s  
members and with previous sanction of the State 
Government. 
Duties of 
Proprietags of 12741630116. 
Market 
eommitkee. 
Ineorpe ,  
ration Of 
market 
eommii 
ttees. 
6 	 The West Bengal Harkets Regulation Act, 1970. 
[West Ben. Act 
Members of market committee. 
(Section 11.) 
it. (1) Every market committee shall consist of twelve 
members as follows — 
(a) an officer of the State Government who shall be the 
President of the market committee; 
(b) an officer of the Directorate of Agriculture, West 
Bengal, having jurisdiction over the area for 
which the market committee is constituted', wh-o 
shall be the Secretary of the market committee; 
(e) one person to represent the members of any co-
operative marketing society or societies holding 
licence or licences for transacting business in any 
market in the area over which the market com-
mittee 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 ; 
Emplanation.—In this clause— 
(i) "co-operative society" means a co-operative 
society registered under the Bengal Co-opera- Be 
tive Societies Act, 1940; 	 XX 1041 
(ii) "co-operative marketing society" means a co-
operative society which has as its PrinciP or  
al 
object the object of promotion of sale 
purchase of agricultural produce; 
(d) two persons, one to represent the proprietors of 
markets in the area over which the market com-
mittee has jurisdiction and the other to represent' 
tie local authority in such area ; 
(c) 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 agricul-
tural produce, but does not include a person who 
acts as a commission agent or dealer in respecil 
of such agricultural produce ; 
(f) two pesons to represent the licensed vendors using 
the
r  markets in the area over which the market 
committee bas 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 
(c), (d), (e) and (f) of sub-section (1) shall, in the case of is 
market committee for any area outside Calcutta, be ap-
pointed after considering also the recommendations of the 
District Magistrate. 
Oi 
%Ben, Aet 
tWel Ve  
the 
West 
for yea 
▪ ,a, who 
puttee; 
- 
3IlV co-
holding 
• a any 
ot 
ao b --ach 
; tat the 
'.;tiety or 
lerative 
4 0pera 
„As a co-
s ncipai 
sale or 
fors of 
st corn-
',present. 
cultural 
st corn-
gyres by 
rise or 
Agricul-
An who' 
'i'respeei 
using 
,..market 
:all be 
fth the 
Clauses 
t of it; 
'oe ap-
of the 
Bea. A 
XXI 
1940. 
The West Bengal Markets Regulation Act, 1970. 
VI 1 011970.1 
(Sections 12-17.) 
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 than 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, 
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 131 
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 
question merely by reason of the existence of any vacancy 
in, or any defect in the constitution of, the market com-
mittee at the time of taking such action. 
17. A market committee may. for the purpose of carry-
ing out its functions under this Act, employ such officers 
and other employees on such pay and allowances and on such 
'terms and conditions as may be prescribed : 
Provided that no member of a market committee shall be 
appointed to be an employee thereof. 
DiEquakii 
ficati on 
for 
member. 
ship of a 
a arket 
commi ttee. 
Term off= office. 
Casual 
vacancy, 
Removal 
of 
member, 
Validity of 
action of 
a market, 
committee. 
Staff of 
market 
committee. 
8 	 The West Bengal Markets Regulation Act, 1970. 
[West Ben. Act 
(Section 18.) 
18. (1) The duties 01 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 tile working of the provisions of this 
Act and the rules made thereunder and the observance 
thereof by all persons concerned, in respeci 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 he maintained and 
what arrangements shall be made therein for 
conservancy, 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; 
(e) 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, involving 
contravention of the provisions of this Act or the 
rules made thereunder in respect of such market; 
(e) keep a set of standard weights and standard 
measures iu each such market against which 
weighment and measurement may be checked; 
(f) 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 ; 
(h) settle such disputes between buyers and sellers of 
agricultural produce or their agents in su:‘,1ft 
manner as may be prescribed ; 
Dntes of 
market 
committee. 
The West Bengal Markets Regulation Act, 1970. 	 9 
Act 
	 VII 011970.] 
be 
fmad° 
tither 
is as 
this 
$,4ane° 
4,cular 
chat 
,::open 
.i3;: and 
for 
iktng 
tiy be,  
td t° 
the 
'1 and 
alder 
11 of 
the 
the 
lying 
t the 
'1dard 
Which 
jtation 
Ming
,.11 by 
,:other 
.ot in 
timer  
3the 
other 
in  
is of 
81P311 
(,Seel.lons 19, 20.) 
(i) promote grading and standardisation of such agricul-
tural produce in such manner as may be 
prescribed ; 
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. 
(2) Subject to rules made under this Art, a market 
committee, 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 nay 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 
committee having jurisdiction over such area to establish 
one or more markets in such area. 
(2) Where the State Government directs a market 
committee to establish any market, the State Government 
may acquire any land which, in its opinion, is needed for 
!1894. the purposes of such market under the provisions of the Land 
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 com-
mittee on payment by the market committee of the compen-
sation awarded in accordance with the law under which such 
land is acquired and of all other charges incurred by th e  
State Government 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 lime to time, 
issue in this behalf. 
20. If at any time the State Government considers it 
necessary so to do in the public interest, it may, by noti-
fication in the Offlcial 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 
functions of the market committee, until it is ao 
reconstituted. 
(j) 
Establish-
ment of 
markets 
by market 
committee. 
Dissolution 
of market 
committee. 
10 	 The West Bengal Markets Regulation. Act, 1970. 
[West Len. Act 
(Section 21.) 
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 NA atsoever including rents or any donation 
or contribution from a private person and all expenses in-
curred 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. 
(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 contri-
butions 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; 
(e) 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; 
(d) acquisition of a site or sites for any market to be 
estallished by the market committee and con-
struction, 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 oui4 
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: 
(h) 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. 
 
Market 
Committee 
Fund. 
L970. 
est gen. Act 
The West Bengal Markets Regulation Act, 1970. 
V11 of 1970.] 
(Sections 22, 23.) 
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 (3): 
Provided that— 
(h) 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 seller,: or purchasers for resale as 
may be specified in such notification from the 
operation of this section. 
(2) Any person desiring to obtain a licence under 
sub-section (1) may make au 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 and for such Period 
as may be prescribed and on payment of fees at such rates, 
not exceeding such maximum rates as may be prescribed, 
as the market committee may determine. 
(4) Any licence issued under sub-section (3) may be 
renewed by the market committee from time to time on 
application made in this behalf by the licensee and on 
payment of a fee equal to the fee payable for the issue of 
such licence in the first instance. 
(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. 
(6) The market committee may, -after giving the balder 
of a licence granted Under this section, an opportunity of 
showing cause in such manner as may be prescribed, cancel 
his licence or suspend it for such period as it thinks fit for 
any breach of the terms and conditions of the licence or for 
any contravention of the provisions of this Act. 
(7) Where any licence is cancelled or suspended under 
sub-section (6), the licensee shall not be entitled to any 
compensation therefor, nor shall he he entitled to the refund 
of any fee paid by him for the licence. 
23. (1) The State Government may appoint as many inspectng 
Inspecting Officers as may be necessary for carrying out the offi cers . 
purposes of this Act and may, by general or special order, 
define the jurisdiction of each such Inspecting Officer. 
shall be a 
4-,,chick shall 
.442ittee from 
37. section 22
.t committee 
i.:0y donation 
a penses in-
; noses of this 
Jst  Committee 
',.0..section (1) 
mescri bed . 
-garket Cora- 
allowances, 
and contri-
r.  pension and 
her employees 
raised by the 
its functions 
sinking fund 
'eh loan; 
premises or 
mmittee or for 
this Act ; 
-market to be 
;ittee  and con-
improvement 
,?s necessary for 
improvement 
=the office of the 
-Jr carrying ou' 
its and standard 
id dissemination 
tiler instructions 
irarred by the 
the p urpos es of 
be operated by 
anoth er  member 
!thereof shall be 
t prescribed. 
Licence for 
sellers and 
purchasers 
for resale 
of articles, 
etc., in 
markets. 
Power to 
require 
production 
of books, 
a000unts, 
etc. 
Pair sad 
equitable 
rent in 
market. 
12 	 The West Bengal Markets Regulation Act, 1970. 
West Ben. Act 
(Sections 24, 25.) 
(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. 
(L) 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 ligrnsiag 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 under this 
Act and the rules made thereunder, a market committee 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 autho_ 
rised in this behalf by such markt 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 ease may be, shall he bound to comply with suck 
requisition. 
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 is 
that area, in the case of markets existing on suck 
date, and 
(b) the establishment of the market, in the 
markets established after such date, 
submit 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. 
(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 pro-
prietor are fair and equitable, declare the same 
to be se, and 
case of 
Act 
ca 
18 
Or 
ea 
to 
t 
this 
Dr 
Or 
ire 
8, 
tket 
:motor 
die 
414  Bch 
%,of 
•tve, 
sy 
icat 
tee 
la' 
be 
out 
to. 
aQe 
The West Bengal Markets Regulation Act, /970. 	 13 
V11 of 1970.] 
(Section 26-28.) 
(5) 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 
proprietor 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 81, 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. 
26. After a declaration as to the fair and equitable 
rents or rates of rent fixed under section 25 comes into effect 
in any market, the proprietor of such market shall no t 
receive or realise, from any person using the market, any 
fees, tolls or other charges, either in cash or in kind for 
selling any article iu such market or any rent in excess of 
'the fair and equitable rent or rates of rent so fixed in 
respect of any land, stall, shed or other structure in the 
market. 
Fees, 
tolls er 
other 
charges 
and rent DI 
excess of 
fair and 
equitable 
rent not to 
be received 
or realised. 
27. No trade allowance other than such as may he Prohibi- 
prescribed, shall be received or given by any person in any tion as 
transaction, 	 ' to trade 
allowance- 
28. If on application by a market committee or by any 
Inspecting Officer or on local inspection or inquiry, the 
Director, the District Magistrate or the Sub-divisional 
Magistrate is satisfied that any of the duties referred to .in 
section 8 is not being properly performed by the proprietor 
of any market, he may, after giving the proprietor an 
opportunity of being heard, issue an order directing the pro-
prietor to take such action within such period as may be 
specified in the order : 
Provided that no such order shall require any proprietor 
to take any action involving an expenditure in any year of 
an amount in Axcess of fifty per cent. of the gross annual 
rent realisaoie Irom sucn market. 
Power of 
Dir ector, 
District 
Magistrate 
and Sub-
divisional 
Magistrate 
in respect 
of non-
observance 
of the 
provisions 
of 
section 8. 
Power to 
secure 
compliance 
with an 
order 
under 
section 28. 
14 	 The West Bengal Markets Regulation Act, 1970. 
[West Ben. Act 
(Sections 29-31.) 
29. 	 Subject to the provisions of section 32, if the 
proprietor 	 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. 
Appeal 
against 
order 
of the 
licensing 
authority 
under 
section 7 
or of 
the market 
committee 
under 
section 22. 
30. (1) Any person aggrieved by an order of the 
licensing authority under section 7 refusing to issue or renew 
a licence or of the market committee under section 22 
refusing to issue or renew a licence or cancelling or suspend-
ing a licence may, within thirty days from the. date on 
which the order is communicated 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 sufficient) 
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 expe-
ditiously as possible and the decision of the appellate 
authority thereon shall be final. 
31. (1) Any person aggrieved by a declaration made by 
the Director or the Sub-divisional Magistrate, as the case 
may be, under sub-section (2) of section 25 may, within 
thirty days from the date on which such declaration is 
communicated to him, prefer an appeal in such manner and 
on payment of such fee as may be prescribed,— 
(a) to the State Government, if the declaration is made 
by the Director, or 
(b) to the District Magistrate, if the declaration is made 
by the Sub-divisional Magistrate : 
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 aPneal in time. 
Appeal 
against 
declara-
tions 
made by-
the 
Director or 
the Sub-
divisional 
Magistrate 
under 
section 25. 
32, if the 
Icier, issued 
the Order, 
rah-divisional 
order to be 
think fit so 
ar fifty per 
proPrietor 
itrietrar such 
gper  cent. of 
4r of any 
as a Public 
, Aer of the 
=sue or renew -
section 22 
or susPend-
Ae date on 
an appeal 
;'.tent of such 
=scribed : 
Altertain the 
thirty days 
by sufficient 
911 (1), the 
appellant an 
tl as expe-
ie appellate 
n made by 
--as the case 
-2Y, within 
illaration is 
manner and 
=ion is made 
ion is made 
.10 District 
,the appeal 
lays if th e  
iisfied that 
horn filing 
1970. 	 The West Bengal Markets Regulation Act, 1970. 	 15 
West Ben. Act 
	 int of 1970.] 	
( S actions 32-34.) 
!of 7860. 
(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 (iecision of the Slate Hover urnent or the 
District Magistrate thereon shall be final. 
32. (1) Any person aggrieved by an order passed by the 
Director or the District Magistrate or the Sub-divisional 
Magistrate under section 28 may, within thirty days from 
the date on which the order is communicated to him, appeal 
in such manner and on payment of such fee as may be 
prescribed,— • 
(a) to the State Government, if the order is passed by 
the Director, or 
(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 Commissioner 
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 Com-
missioner of the Division or the District Magistrate is 
satisfied that the appellant was prevented by sufficient causo 
from filing the appeal in time. 
(2) On receipt of an appeal under sub-section (1), 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. 
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 
under this Act, the Director or, as the case may be, the 
District Magistrate may make a report to the State Govern-
ment recommending that action be taken against such 
proprietor under this section. 
Members 
and 
employees 
of market 
committee 
to be 
public 
servant. 
Power of 
State 
Govern-
ment to 
take over 
manage. 
ment of 
market. 
Appeal 
against 
orders 
of the 
Director 
or the 
District 
Magistrate 
or theklub4 
divisional 
Magistrate 
under 
section N. 
16 	 The West Bengal Markus Regulation Act, 1970. 
[West Ben. Ac 
(Section 35.) 
(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 manageinent of such market 
'for such period, not exceeding ten years, as may be specified 
in such notification. 
(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 manage-
ment 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 manage-
ment of a market, it shall, by an order made in this behalf, 
appoint the market committee having jurisdiction over the 
area in which the market is situated to conduct the manage-
ment of the market, in such manner as may be prescribed, 
under the direction and control, in 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 he 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 performance 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 in-
come, 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 s ub-
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 jn the 
Power to Official Gazette, exempt, for reasons to be stated therein, any exempt, market established or managed by a market committee from 
all or any of the provisions of this Act or the rules made 
thereunder. 
t  Ben, AC West Bengal Mailitaik Rcgulayon Act, 1970. 	 17 
VII of 1970.] 
(Sections 36-39.) 
36. No suit; prosecution or other legal proceeding shall indevanitY• 
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 any-
thing done or intended to be. done in good faith under this 
Act or any rule made thereunder. 
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) Ii any person contravenes the provisions of p enalties. 
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 oue hundred rupees. 
(3) If any person contravenes the provisions of, section 26, 
he shall be punishable with fine which may extend to one 
hundred ruPee ,  
(4) If a n .‘ perion contravenes Ihe provisions of section 
27, he shall 1 -14. ponishable with fin,- which may extend to two 
hundred rupees 
39. (1) 'the ;-;tate 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 
the authority by which, the form in which and the 
terms and conditions subiect 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;.  
(c) 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; 
(e) the term of office of a member of a market committee 
and the terms and conditions on which such office! 
may be held; 
(f) the officers and other employees that may be 

Excerpt shown. Open the full act in Lexace.

‹ Prev All West Bengal acts Next ›