(1) This Act may be called the West Bengal Markets Regulation Act, 1970.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different areas.
Short title, extent and commencement.
2. In this Act, unless the context otherwise requires,— fi • • De rations.
(7) "agricultural produce" means any produce of agriculture, horticulture, pisciculture, forestry or animal husbandry or any other produce declared by the State Government, by notification in the Official Gazette, to be agricultural produce for the purposes of this Act, and includes any such produce which has been wholly or Partly processed ;
2 The West Bengal Markets Regulation Act, 1970.
[West Ben. Ac t (Section 2.)
(2) "broker" means an agent whose ordinary course of business is to negotiate and make contracts on.
payment of commission for the purchase or sale of agricultural produce on behalf of his principal, but does not include a servant of such Principal engaged in negotiating or making such contracts ;
(3) "Calcutta" has the same meaning as in the Calcutta West Ben. Aet Municipal Act, 1951 ; MILE of 1951..
(4) "commission agent" means a person who buys and sells agricultural produce for any person, keeps it in his custody and controls it during the process of its sale or purchase, and collects payment theref or from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in each transaction ;
(5) "Director" means the Director of Agriculture, West Bengal, and includes the Additional Director of Agriculture (Marketing), West Bengal ;
-(6) "District Magistrate" means the Chief Officer charged with the executive administration of a district in criminal matters by whatever designation called, and includes an Additional District Magistrate ;
(7) "Inspecting Officer" means an Inspecting Officer appointed under section 23;
(8) "licensing authority'' means the authority referred to in section 3 for issuing a licence under that section ;
(9) "market" means any place at which people ordinarily assemble, either daily or on fixed days for the purchase or sale of agricultm al produce, irrespective of whether any other commodity is purchased or sold in such place or not, and includes any place at which any fair or mela is held for more than three consecutive days :
Provided that the State Government may, if it so thinks fif in the public interest, by notification in the Official Gazette, declare any such place not to be a market and thereupon such place shall not be deemed to be a market for the Purposes of this Act ;
(10) "market committee" means a market committee constituted under sub-section (1) of section 9 and includes a special market committee constituted under the proviso to that sub-section;
n. Ac se of is on le of dipal acts;
utta West Ben. Act. 1 XXX_Ill , of 1951., A an eeps the Pay" the or a aunt West Aet xTri tf 1958.
est of er of a nariot er red that raifor is finis the be be hie The West Bengal Markets Regulation Act, 1970. 3 1111 of 1970.1 (Section 3.)
(11) "measurer" means a person whose business, is to measure a consignment of agricultural Produce for sale;
(12) "prescribed" means prescribed by rules under this Act ;
• (13) "proprietor", in relation to a market, includes the lessee thereof ;
(14) "rent", in relation to a market, means anything lawfully payable in cash or in kind to the proprietor of the inarket for the use or occupation of any land, with or without any structure thereon, in the, market ;
(15) "standard weight" and "standard measure" have the same meanings respectively assigned to them in the West Bengal Standards of Weights and Measures (Enforcement) Act, 1958;
(16) "Sub-divisional Magistrate" means any Magistrate in charge of a sub-division of a district and includes an Additional Sub-divisional Magistrate;
(17) "trade allowance" means anything realised in cash or in kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise ;
Explanation:—In this clause "purchaser" includes a commission agent;
(18) "warehouseman" means a person whose business is to store agricultural produce in any building, structure or enclosure on behalf of persons depositing such produce; and
(19) "weighman" means a person who, in the ordinary course of business, is engaged in the weighing of agricultural produce in connection with a transaction of sale or purchase thereof.
3, After six months from the commencement of this Li cence for pro- Act in any area— prietora of.
(a) no person shall establish a new market in such area, markets.
and
(b) no proprietor of an existing marl:et in such area shall continue to. run such market, except under and in accordance with the terms and conditions of a licence issued to him in this behalf by such authority, in such form and subject to such terms and conditions as may be prescribed :
ee of tad
Provided that—
(i) the State Government may, by notification in the Official Gazette, extend the said period of six 4 4 The West Bengal Markets Regulation Act, 1970.
[West Ben. Act (Sections 4-7,) months to such extent as may be specified in the notification in respect of any area or any class of market;
(ii) it shall not be necessary f or any local authority or market committee to take out any licence under this section in respect of any market of which such local authority or market committee is the proprietor.
4. An application for a licence under section 3 shall be made to the licensing authority in such form and containing such particulars and shall be accompanied by such fee, not exceeding two hundred rupees, as may be prescribed.
5. A licence issued under section 3 shall be valid for a period of one year from the date of its issue and may, from time to time, be renewed for a period not exceeding one year at a time by the licensing authority on application made in this behalf in such manner as may be prescribed and on payment of a fee equal to one-half the amount of the fee payable for the issue of the licence in the first instance.
6. The person establishing a new market or the pro-.
prietor of an existing market actually running such market.
shall be responsible for taking out or renewing under section 3 or section 5, as the case may be, the licence required in respect of the market.
7. The licensing authority may refuse— Ka) to issue a licence under section 3 in respect of any market which is proposed to be established or is, existing on the date of application for the licence, if such market does not satisfy the requirements of this Act and the rules made thereunder; or
(b) to renew the licence under section 5 in respect of any market if the terms and conditions of the existing licence are not complied with to the satisfaction of the licensing authority :
Provided that in the case of a market existing on the date of application for the licence, the licensing authority may issue an interim licence for such period and on such terms and conditions as may be prescribed so as to enable the proprietor thereof to comply with the requirements of this Act and the rules made thereunder.
Appliesbin' a and fee for Spence.
Period of Neenee and renewal Liability for taking or renewing licence.
Refusal to issue or renew licence in respect of ,1 a market.
The West Bengal Markets Regulation, Act, 1970. 5 VII 01 1970.]
(Sections 8-10.)
8. It shall be the duty of the proprietor of every market—
(1) to maintain in such manner as the market comritY may, having regard to local conditions, der direct, the structures, pathways and open spaces hioh in the market; and the 42) to make in the market such arrangements as the market committee may, having regard to local conditions, direct—
(a) for conservancy and drainage, 7f, be .(b) for the supply of drinking water for the persons ring and animals using and used in the market, and not
(c) generally for the safety and convenience of the persons, animals and vehicles using and used in the market.
't for *an 9. (1) The State Government may, by notification in ',one the Official Gazette, constitute for such area as may be -lade specified in the notification a market committee which shall j on in that area exercise and perform the powers and duties '- fee. conferred and imposed on a market committee by or under this Act:
Provided that if, in respect of any market, the State government thinks fit so to do in the public interest, it may pro-' at any time, by notification in the Official Gazette, constitute oket a special market committee for such market.
ider fired ,(2) Notwithstanding anything contained in sub-section
(1), when a special market committee referred to in the proviso to that sub-section i,s constituted for any market, such special market committee shall, to the exclusion of any 'other market committee, exercise and perform in respect of such market the powers and duties conferred and imposed :-any ,on a market committee by or under this Act. A r is ,•;°e, 10. Every market committee shall be a body corporate 'tits by such name as the State Government may specify in the -711r notification constituting the market committee, shall, have 4 of perpetual succession and a common seal, may sue and be : the sued in its corporate name, and shall be competent to acquire, hold and dispose of property, movable or immovable, fibs to enter into contracts and to do all such things as may, from time to time, be necessary for the purpose of carrying out its functions under this Act:
the ,413,g Provided that save as the State Government may, by each general or special order, otherwise direct, no market com- Say mittee shall permanently transfer any immovable property /eof except in pursuance of a resolution passed at a meeting of and the market committee by not less than three-fourths of its members and with previous sanction of the State Government.
Duties of Proprietags of 12741630116.
Market eommitkee.
Ineorpe, ration Of market eommii ttees.
6 The West Bengal Harkets Regulation Act, 1970.
[West Ben. Act Members of market committee.
(Section 11.)
it. (1) Every market committee shall consist of twelve members as follows —
(a) an officer of the State Government who shall be the President of the market committee;
(b) an officer of the Directorate of Agriculture, West Bengal, having jurisdiction over the area for which the market committee is constituted', wh-o shall be the Secretary of the market committee;
(e) one person to represent the members of any cooperative marketing society or societies holding licence or licences for transacting business in any market in the area over which the market committee has jurisdiction or if there is no such marketing society in such area, to represent the members of any other co-oPerative society or societies functioning in such area ;
Emplanation.—In this clause—
(i) "co-operative society" means a co-operative society registered under the Bengal Co-opera- Be tive Societies Act, 1940;
XX 1041
(ii) "co-operative marketing society" means a cooperative society which has as its PrinciPor al object the object of promotion of sale purchase of agricultural produce;
(d) two persons, one to represent the proprietors of markets in the area over which the market committee has jurisdiction and the other to represent' tie local authority in such area ;
(c) five persons to represent the growers of agricultural produce in the area over which the market committee has jurisdiction;
Explanation.—In this clause "grower of agricultural produce" includes a person who produces by himself or by hired labour or otherwise, or receives under a tenancy-agreement, any agricultural produce, but does not include a person who acts as a commission agent or dealer in respecil of such agricultural produce ;
(f) two pesons to represent the licensed vendors using the r markets in the area over which the market committee bas jurisdiction.
(2) The members of every market committee shall be appointed by the State Government in consultation with the Director :
Provided that the representatives mentioned in clauses
(c), (d), (e) and (f) of sub-section (1) shall, in the case of is market committee for any area outside Calcutta, be appointed after considering also the recommendations of the District Magistrate.
Oi %Ben, Aet tWelVe the West for yea ▪ ,a, who puttee;
- 3IlV coholding • a any ot ao b --ach ;tat the '.;tiety or lerative 40pera „As a cos ncipai sale or fors of st corn- ',present.
cultural st corngyres by rise or Agricul- An who' 'i'respeei using ,..market :all be fth the Clauses t of it;
'oe apof the Bea. A XXI
1940.
The West Bengal Markets Regulation Act, 1970.
VI 1 011970.1 (Sections 12-17.)
12. No person who—
(a) is an employee of a market committee, or
(b) has been declared by a competent court to be of unsound mind, or
(c) is an undischarged insolvent, or
(d) has been convicted by a court of law for an offence involving moral turpitude, shall be eligible to be appointed as a member of any market committee.
13. The members of every market committee shall hold office for such term, not less than three years, and on such terms and conditions as may be prescribed:
Provided that a member of a market committee may, on the expiry of his term of office, be re-appointed,