(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 is that area, in the case of markets existing on suck date, and
(b) the establishment of the market, in the markets established after such date, submit 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.
(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 se, and case of Act ca 18 Or ea to t this Dr Or ire 8, tket :motor die 414 Bch %,of •tve, sy icat tee la' be out to.
aQe The West Bengal Markets Regulation Act, /970. 13 V11 of 1970.]
(Section 26-28.)
(5) 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 81, 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.
26. After a declaration as to the fair and equitable rents or rates of rent fixed under section 25 comes into effect in any market, the proprietor of such market shall not receive or realise, from any person using the market, any fees, tolls or other charges, either in cash or in kind for selling any article iu such market or any rent in excess of 'the fair and equitable rent or rates of rent so fixed in respect of any land, stall, shed or other structure in the market.
Fees, tolls er other charges and rent DI excess of fair and equitable rent not to be received or realised.
27. No trade allowance other than such as may he Prohibiprescribed, shall be received or given by any person in any tion as transaction, ' to trade allowance-
28. If on application by a market committee or by any Inspecting Officer or on local inspection or inquiry, the Director, the District Magistrate or the Sub-divisional Magistrate is satisfied that any of the duties referred to . in section 8 is not being properly performed by the proprietor of any market, he may, after giving the proprietor an opportunity of being heard, issue an order directing the proprietor to take such action within such period as may be specified in the order :
Provided that no such order shall require any proprietor to take any action involving an expenditure in any year of an amount in Axcess of fifty per cent. of the gross annual rent realisaoie Irom sucn market.
Power of Director, District Magistrate and Subdivisional Magistrate in respect of nonobservance of the provisions of section 8.
Power to secure compliance with an order under section 28.
14 The West Bengal Markets Regulation Act, 1970.
[West Ben. Act (Sections 29-31.)
29. Subject to the provisions of section 32, if the proprietor any market fails to carry out an order, issued under section 28 within the period specified in the order, -the . Director, the District Magistrate or the Sub-divisional Magistrate, as the case may be, may cause the order to be given effect to by such other agency as he may think fit so that the cost thereof does not exceed in any year fifty per cent. of the gross annual rent realisable by the proprietor from the market and then recover from the proprietor such cost together with a sum not exceeding fifty per cent. of such cost, by way of penalty.
(2) Any sum recoverable from the proprietor of any market under sub-section (1) shall be recoverable as a Public demand.
Appeal against order of the licensing authority under section 7 or of the market committee under section 22.