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Section 38

The West Bengal Agricultural Produce Marketing ( Regulation ) Act, 1972State Act of West Bengal · Act 35 of 1972

(1) The State Government may, by notification in the Official Power to Gazette, make rules for carrying out the purposes of this Act.

make rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of following matters, namely:—

(a) the manner of controlling, regulating and running a market, settling disputes between buyers and sellers, promoting, granding and standardisation of agricultural produce, other duties and functions of the market committee, and the Power to delegate.

West Bengal State Markeing Board.

Act to override other laws.

205 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

[West Ben. Act (Section 39.)

manner of delegating functions by a market committee in favour of a sub-committee, referred to in clauses (iv), (viii),

(ix) and (xii) of sub-section (1), and sub-section (2) respectively of section 12;

(b) form of application for obtaining a licence and the fee payable for it, form for granting a licence and the terms and conditions subject to which the licence is to be granted, and the manner of showing cause against cancellation of a licence, referred to in sub-sections (2), (3) and (6) respectively of section 13;

(c) terms and conditions for the appointment of a Secretary and the payment of leave allowance, pension, gratuity and provident fund to the officers and employees of the market committee referred to in sub-sections (1) and (4) respectively of section 14;

(d) the manner of utilising surplus fund of the market committee referred to in section 19;

(e) travelling and other allowances of the members of the market committee and the manner of keeping and auditing accounts of the market committee referred to in clause (vii) of subsection (1), and sub-section (2) of section 20 ;

(f) kinds of trade allowance which may be permitted to be realised under section 33 ;

(g) authority to give sanction for prosecution under sub-section (2) of section 34;

(h) the manner of constituting the West Bengal State Marketing Board, the number of its official and non-official members, the duties of the Board and the manner in which such duties are to be performed under section 36 ;

(i) any other matter which has to be or may be prescribed.

Repeal and 39. (1) The West Bengal Markets Regulation Act, 1970, is hereby West Ben.

savings. repealed.

Act VII of

1970.

(2) Any market committee constituted, any rule or notification issued, any order made, anything done or any action taken under the said Act shall be deemed to have been validly constituted, issued, made, done or taken under the corresponding provision of this Act as if this Act were in force on the day on which such market committee was constituted, such rule or notification was issued, such order was made, such thing was done or such action was taken.

206 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

XXXV of 1972.1 (Schedule.)

(3) All properties and assets vested in a market committee constituted under the said Act and all rights, liabilities and obligations acquired, accrued or incurred by such committee before the commencement of this Act shall stand transferred to the corresponding market committee constituted under this Act.

(4) All contracts entered into by or on behalf of any market committee constituted under the said Act, before the commencement of this Act shall be deemed to have been entered into by the corresponding market committee constituted under this Act.

(5) All legal proceedings or remedies instituted or enforceable by or against any market committee before the commencement of this Act may be continued or enforced, as the case may be, by or against the corresponding market committee constituted under this Act.

SCHEDULE [See section 2 (1)(a).1 I. Cereals • • • (1) Paddy

(2) Rice

(3) Wheat.

(4) Maize.

(5) Barley.

(6) Raoj or Marua.

(7) Jowar.

(8) Bajra.

(9) Cheena.

(10) Kodo.

II. Pulses • • • (1) Gram.

(2) Arhar.

(3) Masur.

(4) Urad or Kalai.

(5) Khesari.

(6) Mung.

(7) Dry Peas (Matar or Kerao).

(8) Cowpea seed (dry).

III. Oilseeds (1) Mustard, Rape and Toria.

(2) Linseed.

(3) Groundnut.

(4) Sesamum seed.

IV. Oils • • • All vegetable oils.

207 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

[West Ben. Act (Schedule.)

V. Fruits (1) Mango.

(2) Banana.

(3) Lichi.

(4) Orange.

(5) Lemon.

(6) Melons.

(7) Jackfruits.

(8) Blackberry.

(9) Guava.

(10) Apple.

(11) Pineapple.

VI. Vegetables. (1) Potato.

(2) Onion.

(3) Palwal.

(4) Brinjals.

(5) Gourd.

(6) Bhindi.

(7) Pumpkin.

(8) Tomato

(9) Cauliflower.

(10) Cabbage.

(11) Green Peas.

(12) Beans.

(13) Carrot.

(14) Radish.

(15) Sweet Potato.

(16) Green Chillies.

VII. Fibres (1) Cotton (Ginned and unginned).

(2) Jute.

(3) Sunnhemp.

VIII. Animal Husbandry... (1) Poultry.

Products. (2) Egg.

(3) Cattle.

(4) Sheep.

(5) Goat.

(6) Wool.

(7) Butter.

(8) Ghee.

(9) Milk.

(10) Hides and Skins.

(11) Bones.

208 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

XXXVof 1972.]

(Schedule.)

(12) Fleece.

(13) Goat meat and Mutton.

(14) Fish.

IX. Condiments, (1) Turmeric.

Spices and others. (2) Chillies.

(3) Garlic.

(4) Coriander.

(5) Ginger.

(6) Cardamom and Pepper.

(7) Betel leaves.

(8) Betelnuts.

(9) Cashewnuts.

(10) Methi.

(11) Zeera.

X. Grass and Fodder ...

XI. Narcotics Tobacco.

XII. Miscellaneous (1) Sugarcane.

(2) Gur.

(3) Sugar.

(4) Lac.

(5) Oil-cakes.

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Where this provision sits

ActThe West Bengal Agricultural Produce Marketing ( Regulation ) Act, 1972
Section38
JurisdictionState of West Bengal
StatusIn force as published by the source

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