(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 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 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 prescribed 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 proprietor 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 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 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.]