(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 subsection (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 B1engal 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 jurisdiction 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 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 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 subsection (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 thereunder 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.