(1) If any person contravenes the provisions of 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 one hundred rupees.
(3) If any person contravenes the provisions of section 26, he shall be punishable with fine which may extend to one hundred rupees.
(4) If any person contravenes the provisions of section 27, he shall be punishable with fine which may extend to two hundred rupees.
to 39. (1) The State 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 : —
(a) the authority by which, the form in which and the terms and conditions subject 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;
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 ;
the term of office of a member of a market committee and the terms and conditions on which such office may be held;
the officers and other employees that may be employed by a market committee and the pay, allowances and other terms and conditions of service of such officers and other employees ;
the manner of administering the Market Committee Fund referred to in sub-section (1) of section 21 and of maintaining accounts thereof ;
Power make rules.
(e)
(e) (I)
(g) The West Bengal Markets Regulation Act, 1968. 17 28 of 1968.]
(h) the market information referred to in clause (g) of sub-section (1) of section 18 and the manner of publishing and disseminating such market information and other instructions of the Director under that clause;
(i) the nature of the disputes that may be settled render clause (h) of sub-section (1) of section 18 and the manner of settling such disputes;
(j) the constitution of sub-committee or sub-committees of a market committee under sub-section (2) of section 18;
(k) the manner in which the surplus remaining in the Market Committee Fund referred to in subsection (11) of section 21 shall be invested and the manner in which the accounts of tha-b Fund shall be kept and audited;
(1) the form in which, the maximum rates of fee on payment of which and the terms and conditions subject to which, licences may be issued under sub-section (3) of section 22;
(m) the inquiries -which may be made under subsection (2) and the other manner in which a declaration may be published under subsection (3), of section 25;
(m) the trade allowance referred to in section 27 which may be received or given under that section;
(o) the authority to which, the manner in which and the fee on payment of which, an appeal may be preferred under section 30;
(p) the manner in which and the fee on payment of which an appeal may be preferred under section 31 or section 32;
(q) any other matter which has to be or may be prescribed.
40. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, express or implied, or in any instrument and notwithstanding any custom or usage to the contrary.
Act to override the provisions of other laws, etc.
41. If in any area in which this Act is brought into Repeal. force, there is any provision of any other law which corresponds to any provision of this Act, such corresponding provision of such other law shall stand repealed in such area.
18 The West Aengal Markets Regulation Act, 1968.
[ Preside nt's Aet Reasons for the enactment In varying degrees in the markets in West Bengal, buyers and sellers and, in particular, cultivators selling their produce, are subject to many disadvantages and malpractices amongst which the following are the most prevalent:
(i) The rents realised by the owners and lessees of markets are often excessive and there are cases of grower-sellers having to pay, in. addition to rents, certain levies either in cash or in. kind.
(ii) The system of sale in the market generally acts to the disadvantage of the producers and the benefit is largely appropriated by the middlemen and the merchants who on various accounts made deduction from the agreed price.
. (iii) No grading and standardisation of agricultural produce is done at the time of sale and this system aAso acts to the disadvantage of the producers; by mixed sale, producers often lose the price premium which they would have got if the sales were conducted -under standard grades.
(iv) Many of the markets are mismanaged. Sanitary and other arrangements are inadequate, causing inconvenience to the users of the markets and creating unhealthy condition.
(v) Many of the owners hardly spend -any amount fOr proper maintenance and improvement of the markets.
(vi) Reliable information as to prices, stocks, sales, despatches, arrivals, _ etc., in respect of different markets are not usually available, though this is essential to formulate price and distribution policy and programme in regard to essential commodities.
2. The object of this measure is to secure better conditions in the markets for the public generally and to protect buyers and sellers and in particular cultivators selling their produce, from unjustified exactions and other malpractices which prevail. With provision of such facilities and protection; the growers' share in. the price of agricultural produce paid by consumers will increase, creating an incentive for improvement in production. The Royal Commission on Agriculture in India (1928) while recommending legislation for establishment of regulated markets for agricultural produce says, "Well regulated markets create in the mind of the cultivator a feeling of confidence and of receiving fair play and this _is the mood in which he is most ready to accept new ideas and to strive to improve his agricultural practice' .
Accordingly provision has been made in this measure for—
(i) licensing of markets ;
(ii) standardisation. of rent payable by the sellers to the owners of markets ;
(iii) setting up of market committees with a view to supervising the work of the market;
(iv) licensing of sellers, etc. ;
(v) standardisation of market charges and regulation of market practices ;
"(vi) inspection of markets by Government agencies and market committees;
The West Bengal Markets Regulation Act, 1968. 19 28 of 1988.]
(vii) sanitary arrangements, etc., in markets and proper maintenance of markets by the owners;
(viii) establishment of new markets, in public interest ;
(ix) taking over management of market by the market committee under certain circumstances in public interest; and
(x) collection of information regarding prices, stocks, arrivals, despatches, etc.
3. The Committee constituted under the proviso to sub-section (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1968 (6 of 1968) has been consulted before the enactment of this measure as a President's Act.
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