West Ben. Act VI of 1966.
GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act LXXI of 1978 THE WEST BENGAL COLD STORAGE (LICENSING AND REGULATION) AMENDMENT ACT, 1978.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette, Extraordinary , of the 14th March, 1979.]
[14th March, 1979.]
An Act to amend the West Bengal Cold Storage (Licensing and Regulation) Act, 1966.
WHEREAS it is expedient to amend the West Bengal Cold Storage (Licensing and Regulation) Act, 1966, for the purposes and in the manner hereinafter appearing;
AND WHEREAS previous sanction of the President under the proviso to clause (b) of article 304 of the Constitution of India has been obtained;
It is hereby enacted in the Twenty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal Cold Storage Short title.
(Licensing and Regulation) Amendment Act, 1978.
2. In section 2 of the West Bengal Cold Storage (Licensing and Regulation) Act, 1966 (hereinafter referred to as the said Act),—
(a) for clause (4), the following clause shall be substituted:— `(4) "hirer" means a person who hires on payment of the prescribed charges space in a cold storage for storing agricultural produce;',
(b) for clause (6), the following clause shall be substituted:— '(6) "Licensing Officer" means the Director of Agriculture including the Additional Director of Agriculture (Marketing), West Bengal and also District Magistrates within their respective districts empowered by the Director of Agriculture in this behalf;'.
Amendment of section 2 of West Ben. Act VI of 1966.
291 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
[West Ben. Act (Sections 3-6.)
Insertion of new section 2A.
3. In Chapter II, before section 3 of the said Act, the following section shall be inserted:— "Construction 2A. No person shall, for the purpose of of cold storage. carrying on business of storing agricultural produce, construct a cold storage without the previous permission in writing of the Licensing Officer in this behalf.".
Substitution of 4. For section 3 of the said Act, the following section shall be new section substituted:— for section 3.
Aamendment of section 4 Insertion of new section 4A.
"Licensing of 3. No person shall start or carry on cold storages. business of storing, nor any such person, not being a hirer, store agricultural produce in a cold storage, except under and in accordance with the terms of a licence granted under this Act:
Provided that a licensee may store agricultural produce on his own account with permission of the Licensing Officer in the manner prescribed.".
5. In section 4 of the said Act, in sub-section (3), for the words "thirty days", the words "forty-five days" shall be substituted.
6. After section 4 of the said Act, the following section shall be inserted:— "Taking over
4A. (1) Notwithstanding anything of cold storage contained elsewhere in this Act, if, on the in certain cases.
report of the Licensing Officer, the State Government is satisfied that a cold storage is not being managed in accordance with the provisions of this Act, the State Government may, by notification in the Official Gazette, take over the management of such cold storage for a period of three years and appoint a person to manage the cold storage so taken over on such terms and conditions as may be specified in the notification:
Provided that the State Government may, if it thinks fit, extend the period by a further period of three years but not exceeding one year at a time:
292 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
LXXI of 1978.]
(Sections 7-9.)
West Ben. Act XXX VIII of
1973.
Provided further that in the case of a cold storage managed by a co-operative society registered under any law for the time being in force, the licensing officer shall, before making any report, consult the Registrar appointed under the West Bengal Co-operative Societies Act, 1973.
(2) On the expiry of the period of taking over (including the period of extension, if any), the management of the cold storage shall be made over to the licensee.".
7. In section 6 of the said Act, the following shall be added at the end:— "and the receipt shall bear a stamp of the value as required 2 of 1899.
under the provisions of the Indian Stamp Act, 1899 and such stamp duty shall be paid by the licensee".
8. After section 7 of the said Act, the following section shall be inserted:— Amendment of section 6.
Insertion of new section 7A.
"Advance of 7A. A licensee may advance money to money by a hirer storing agricultural produce upto licensee.
five quintals on pledge of cold storage receipt. The sum advanced shall bear such interest as may be prescribed.".
9. Section 9 of the said Act shall be renumbered as sub- Amendment of section (1) of that section and after sub-section (1) as so renumbered, section 9.
the following sub-section shall be added:— "(2) Subject to the provisions of sub-section (2) of section 10, no licensee shall, without any reasonable excuse, refuse space to a hirer, being a co-operative society or a grower of agricultural produce, offering to store agricultural produce up to ten quintals:
Provided that any dispute arising in this respect may forthwith be referred to the District Agricultural Marketing Officer or the Sub-Divisional Agricultural Officer having jursdiction over the area where the cold storage is located or such other officer as the Licensing Officer may nominate in this behalf.
Such Officer shall as far as possible give his award in respect of the dispute within seven days and the said award shall be 293 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
[West Ben. Act (Sections 10-12.)
Amendment of section 10.
Substitution of new section for section 15.
Substitution of new section for section 18.
final and binding on the parties to the dispute. In giving the award such officer shall be competent to order payment of compensation for any loss or damage suffered by either of the parties to the dispute and payment of compensation shall be effected within seven days from the date of the award. Any failure to comply with the award shall be a contravention of the provisions of this Act.".
10. For sub-section (1) of section 10 of the said Act, the following sub-section shall be substituted:— "(1)(a) Every licensee shall maintain his cold storage including generator of adequate capacity in accordance with such terms and conditions of the licence and in conformity with such sanitary, electrical and other requirements as may be prescribed.
(b) No licensee shall effect any improvement, renovation or addition to a cold storage without the previous permission of the Licensing Officer in such manner as may be prescribed.
Explanation.—The expression 'improvement' means any major work involving a basic change in the refrigeration system, but does not include minor functional adjustment".
11. For section 15 of the said Act, the following section shall be substituted:— "Insurance of agricul- 15. Cold storage building, cold storage tural produce in cold storage. machinery and the agricultural produce stored in a cold storage shall be insured against such items of risks and with such Insurance Company of Companies as may be determined by the Licensing Officer from time to time:
Provided that pro-rata premium in respect of the agricultural produce only shall be paid by the hirer in such manner as may be prescribed.".
12. For section 18 of the said Act, the following section shall be substituted:- 294 The West Bengal Cold Storage (Licensing and Regulation) LXXI of 1978.]
Amendment Act, 1978.
(Sections 13,14.)
18. (1) Every licensee shall submit to the Licensing Officer such fortnightly returns and other returns as the Licensing Officer may require in such form and in such manner as may be prescribed, in respect of each class of agricultural produce stored by him or his hirers.
(2) Any contravention of the provisions of sub-section (1) shall be punishable under section 21.".
13. In Chapter IV, afteresection 19 of the said Act, the following section shall be inserted:—
19A. (1) A licensee shall, before transferring his cold storage, give previous notice to the Licensing Officer in such form and within such time as may be prescribed.
(2) On receipt of the notice under sub-section (1) the Licensing Officer shall inspect the cold storage and may issue such direction to the licensee as may be necessary in respect of the agricultural produce stored in such cold storage.
Notwithstanding such transfer the licensee shall continue to be liable for the agricultural produce already stored with him and shall be bound by the terms and conditions of any cold storage receipt already issued in respect of any agricultural produce.".
14. After section 20 of the said Act, the following sections shall be inserted:— "Licensing Officer 20A. In case of any dispute between the to decide disputes .
between the licensee and the hirer in respect of weighing, licensee and the measurement, sampling, grading and hirer. payment of compensation, such dispute shall be referred to the Licensing Officer whose decision in the matter shall be final. The Licensing Officer shall also decide any dispute arising out of the provisions of section 12 regarding damage to or deterioration of agricultural produce stored in a cold •storage.
Constitution of 20B.(1) The State Government may, with expert committee. a view to securing expert opinion for efficient management of cold storage, constitute, by notification in the Official Gazette, one or more expert "Submission of returns.
"Transfer of cold storage.
(3) Insertion of new section 19A.
Insertion of new sections 20A, 20B, 20C, 20D and 20E.
295 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
[West Ben. Act (Sections 15,16.)) committees with such number of official and non-official members and on such terms and conditions as may be prescribed.
(2) The members of the expert committee shall be appointed by the State Government.
(3) The State Government shall appoint one of the members as the Chairman and another as Convenor.
(4) The expert committee shall submit its report along with recommendation to the State Government within such period as may be fixede by the State Government:
Provided that the State Government may vary, alter or add to the terms and conditions referred to in sub-section
(1) as may be necessary and may also extend the period referred to in sub-section (4).
20C.On receipt of the report and the recommendation of the expert committee under section 20B, the State Government Power of State Government to issue direction.
Omission of section 23.
Substitution of new section for section 24.
shall examine the same and may issue suchdirection or order as it thinks fit and proper:
Provided that the State Government may, if it considers it necessary so to do in the public interest, modify, alter or rescind the direction or order.
Licensee to 20D. Every licensee shall be bound to comply with the with the direction or order issued direction or order 'orflply of the State Gov- by the State Government under section emment.
20C, within such period as may be specified therein and failure to comply with such direction or order shall be a contravention of the provisions of this Act.
Dissolution of 20E. If at any time the State Government the expert considers it necessary so to do, it may, by committee. notification in the Official Gazette, dissolve any expert committee constitued under section 20B.".
15. Section 23 of the said Act shall be omitted.
16. For section 24 of the said Act, the following section shall be substituted:- 296 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
LXXI of 1978.]
(Section 16.)
24.(/) In the event of any loss of or deterioration in any agricultural produce stored in a cold storage caused on account of any negligence of the licensee or any storage. defect in the refrigeration machinery, the hirer may, within thirty days from the date of detection of such loss or deterioration by him, apply in writing to the Licensing Officer for assessing the compensation payable by the licensee on account of such loss or deterioration.
Explanation.—In this sub-section burden of proof that the loss or deterioration was caused beyond the control of the licensee shall lie on the licensee.
(2) The Licensing Officer on receipt of an application under sub-section (1) shall cause an enquiry to be made in accordance with such procedure as may be prescribed and shall also assess the amount of compensation payable by the licensee to the hirer.
(3) The Licensing Officer may also on his own motion cause the enquiry to be made in the matter of any loss or deterioration in any agricultural produce stored in a cold storage and pass such orders as to the amount of compensation payable by the licensee to the hirer as he thinks proper and just.
(4) In case of any dispute between the licensee and the hirer as to the amount of compensation to be paid, the Licensing Officer shall settle the dispute as expeditiously as possible and shall also make an order determining the amount of compensation payable by the licensee who shall make payment of the compensation to the hirer within two months from the date of the order, whether any claim against insurance, if any, is settled or not. •
(5) In determining the amount of compensation payable by the licensee, the Licensing Officer shall take into account the market price of the agricultural produce at the time of detection of loss or deterioration:
Provided that in case of agricultural produce stored for seed purposes, such amount of compensation shall be twenty per cent . higher than that of other agricultural purposes.
"Compensation payable for loss or deterioration of agricultural produce stored in a cold 297 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
[West Ben. Act (Sections 17,18.)
(6) If the compensation or any portion of it remains unpaid after the date specified in the order passed under subsection (4), the same shall be recoverable as an arrear of land revenue.
Substitution of new section for section 25.
Insertion of new section
26A.
(7) The licensee shall also be required to furnish fortnightly reports regarding settlement of compensation cases.".
17. For section 25 of the said Act, the following section shall be substituted:— "Tribunal. 25. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal consisting of three members of whom one shall be an officer of the Central Government and the others of the State Government.
(2) The Tribunal shall meet at such times and places and shall observe such. procedure in regard to the transaction of business at its meetings as may be prescribed.
(3) Any person aggrieved by an order of the Licensing Officer—
(a) refusing permission under section 2A, or
(b) refusing to grant or renew a licence or cancelling a licence under section 4, or
(c) refusing permission under clause (b) of sub-section
(1) of section 10, or
(d) assessing compensation under section 24, may, within thirty days from the date of such order, prefer an appeal to the Tribunal, and the decision of the Tribunal thereon shall be final.
(4) Appeals, if any, pending before the State Government or the Director of Agriculture, West Bengal, on the date of coming into force of the West Bengal Cold Storage (Licensing and Regultion) amendment Act, 1978, shall be disposed of by the State Government or the Director of Agriculture, West Bengal, as the case may be.".
18. After section 26 of the said Act, the following section shall be inserted:- 298 The West Bengal Cold Storage (Licensing and Regulation) Amendment Act, 1978.
LXXI of 1978.]
(Sections 18,19.)
"Savings as to 26A. No order made in exercise of any power orders.
conferred by or under this Act shall be called in question in any court.".
19. For section 28 of the said Act, the following section shall be substituted:— "Power to 28. The State Government may, by exempt. notification in the Official Gazette, and for reasons to be recorded in writing, exempt any licensee from the operation of all or any of the provisions of this Act:
Provided that the State Government may, subject to such conditions and restrictions as it may impose, delegate the power under this section to the Licensing Officer.", Substitution of new section for section 28.
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