West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

## Section 1. Short title, extent and commencement.—(1) This Act may be called the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.

(2) It extends to the whole of West Bengal.

(3) It shall come into force² on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different areas.

## Section 2. Definition.—(1) In this Act, unless the context otherwise requires,—

³[(a) “agricultural produce” means any produce, whether processed or unprocessed of agriculture, horticulture, apiculture, pisciculture, sericulture, livestock and products of livestock, animal husbandry, fleeces (raw wool) and skins of animals, forest produce and any related and secondary product or by-product and combination of two or more than two of such produce as specified in the Schedule:

Provided that the State Government may, by notification, include in, or exclude from, any item of agricultural produce in the Schedule;]

(b) “agriculturist” means a person who ordinarily by himself or by his tenant or hired labourer or otherwise, is engaged in the production and growth of agricultural produce, but does not include a trader or broker in agricultural produce notwithstanding that such trader or broker is also engaged in the production or growth of agricultural produce;

⁴(bb) “Board” means the West Bengal ⁵[State Agricultural Marketing Board] established under Sub-section (1) of Section 36;

(c) “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;

⁶[(ca) “business” means purchase and sale, processing, value addition, storage, transportation and connected activities of agricultural produce;

(cb) “buyer” means a person or a firm or a company or co-operative society or Government agency or public undertaking or public agency or corporation or commission agent, who himself or on behalf of any other person or agent buys or agrees to buy agricultural produce in the market area as may be notified under this Act;

(cc) “Collector” means the Collector of a district;]

⁷[(d) “commission agent” means a person who on behalf of his principal trader,—

(i) buys agricultural produce and makes payment, keeps it in his custody and delivers it to the trader in due course, or

(ii) sells, after receiving and keeping in his custody agricultural produce sent for sale within the market area or outside the market area, sells the same in the market area and collects payment thereof from the buyer and remits the sale proceeds to his principal trader, in consideration of a commission or percentage on the amount involved in such transaction;]

⁸[(e) “Director” means the Director of Agricultural Marketing, West Bengal, appointed by the State Government, by notification, and includes such other officers to assist the Director as the State Government may, by notification, specify to exercise or perform such powers or functions of the Director under the provisions of this Act, or the rules or bye-laws made thereunder, as mentioned in such notification;

(ea) “export” means dispatch of agricultural produce outside India;

(eb) “exporter” means such person or firm or company who exports agricultural produce outside India;

(ec) “e-trading” means trading in which billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network or internet;

(ed) “fund” means the West Bengal Agricultural Produce Marketing Fund established under Section 20-C and does not include the market committee fund;]

⁹[(ee) “import” means bringing agricultural produce from outside India;

(ef) “importer” means such person or firm or company who imports agricultural produce from outside India;

(eg) “licence” means licence granted under Section 13;

(eh) “licensee” means a person or association of persons, firm, company, public sector undertaking or society holding a licence issued under this Act;]

¹⁰(f) “local authority” means in a municipal area, the municipal authority and in a notified area, the notified area authority, by whatever name called, and includes ¹¹[a Town Committee, a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad] or any such authority, by whatever name called;

(g) “market” means a market established or declared as such under this Act for a market area and includes ¹²[a principal market yard ¹³[, a sub-market yard, a private market yard and consumers' or farmers' market, i.e. Krishak Bazar or Brihat Krishak Bazar etc.],] if any;

¹⁴[(ga) “marketing” means all activities involved in the flow of agricultural produce from the production points commencing from the stage of harvest till the produce reach the ultimate consumers via grading, processing, storage, transport, channels of distribution and all other functions involved in the process;]

(h) “market area” means any area declared to be a market area under Section 3;

¹⁵[(ha) “market charges” includes charges on account of or in respect of commission, brokerage, weighing, measuring, loading, unloading and carrying, cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing;

(hb) “market yard”, in relation to a market area, means a specified place and includes any enclosures, buildings or locality declared, by notification, as such in any market area by the State Government;]

(i) “market committee” means a committee constituted under Section 5;

¹⁶(ia) “market functionary” includes a trader, commission agent, broker, weighman, measurer, warehouseman or surveyor carrying on business in a market area on valid licence issued under Section 13;

¹⁷[* * *]

¹⁸(jj) “market year” means the year commencing on the first day of April;

(k) “measurer” means a person whose business is to measure a consignment of agricultural produce for sale;

¹⁹(kk) “notification” means a notification published in the Official Gazette:

²⁰(kkk) “person” means an individual and includes a firm, a joint family, a local authority, an association or a body of individuals whether incorporated or not;

(l) “prescribed” means prescribed by rules made under this Act;

(m) “principal market yard” means any enclosure, building or locality within the ²¹[market area] declared to be a principal market yard under Section 4;

²²[(ma) “private market yard” means such place other than the market yard or sub-market yard in the market area, where infrastructure for such market yard has been developed and managed by a person holding a licence for this purpose for marketing of such agricultural produce as the State Government may, by notification, specify;

(mb) “processing” means any one or more of a series of treatments relating to powdering, crushing, decorticating, de-husking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to;

(mc) “processor” means a person who undertakes processing of any notified agricultural produce on his own account or on payment of a charge;

(md) “producer” means a person who produces notified agriculture produce on one's own account—

(i) by one's own labour,

(ii) by the labour of any member of one family,

(iii) under the personal supervision of oneself or any member of the family by hired labour or by labour on wages payable in cash or kind.

Explanation.—For the purpose of this clause, a producers' society, farmers' society, self help groups shall be deemed to be a producer;]

(n) “retail sale” means a sale or any agricultural produce not exceeding such quantity as may, by rules made under this Act, be fixed in respect of such agricultural produce;

²³[(na) “sale” means physical transfer of ownership of agricultural produce from one person to another person against a consideration of value, either by cash, or by valuable, or on deferred payment basis:

Provided that any transfer of stock of agriculture produce from one market area to another market area, irrespective of change of ownership falls within the defmition of sale;

(nb) “seller” means a person who sells or agrees to sell any agricultural produce;

(nc) “special market” means a market notified as such and includes special commodity market;]

(o) “Schedule” means the Schedule to this Act;

(p) “Secretary” means a person appointed as such under Section 14 and includes an officiating or acting secretary;

(q) “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 (West Ben. Act of XXIII of 1958);

(r) “sub-market yard” means any enclosure, building or locality within the ²⁴[market area] declared to be a sub-market yard under Section 4;

(s) “surveyor” means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, refraction, adulteration and any other purposes;

(t) “trader” means a person ordinarily engaged in the business of purchasing and selling agricultural produce as a principal or as a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business or processing or preservation of agricultural produce ²⁵[, but does not include an agriculturist];

²⁶[* * *]

²⁷[(ta) “transportation” means taking agricultural produce by pushcart, bullock cart, truck, boat, vessel or other vehicle in course of business for marketing from one place to another;

(tb) “transporter” means a person who transports agricultural produce;]

(u) “trade allowance” means anything realised in cash or 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;

²⁸[(ua) “value addition” means processing, grading, packing or other activities due to which value is added to agricultural produce;]

(v) “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

(w) “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.

(2) If any question arises as to whether a person is or is not an agriculturist or a trader within the meaning of this Act, the decision of the Director on such question shall be final:

Provided that the Director shall give the person a reasonable opportunity of being heard before giving his decision.

## Section 3. Declaration of market area.—(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government may, by notification, declare any area as a market-area within which purchase and sale of such agricultural produce as may be specified in the notification, shall be regulated.

(2) ²⁹[* * *]

³⁰[* * *]

(3) ³¹[* * *]

³²(4) The State Government may, by notification, declare that a market area declared as such under sub-section (1) shall cease to be a market area with effect from such date as may be specified in the notification. When a market area thus ceases to be a market area any market established, declared or notified in such market area shall cease to be a market and the marker committee constituted for the said market area shall stand dissolved with the following consequences:—

(a) the members of the market committee shall be deemed to have vacated their offices, and

(b) the unexpended balance of the Market Committee Fund and other properties and liabilities shall vest in the State Government free from all encumbrances and in such manner as may be prescribed:

Provided that the liability of the State Government shall be limited to the extent of the unexpended balance of the Market Committee Fund and the value of the property vesting in the State Government as may be determined in the manner prescribed.

## Section 4. Principal market yards, sub-market yards, consumers' or farmers' market i.e. Krishak Bazar or Brihat Krishak Bazar etc. and private market yard.—(1) In every market-area, there may be—

(a) one principal market yard managed by the market committee;

(b) one or more than one sub-market yards managed by the market committee;

(d) one or more than one fanners' or consumers' market i.e. Krishak Bazar or Brihat Kriskah Bazar etc. managed by a licensee.

(2) The State Government shall, after the issue of notification under Section 3, declare any specified place including any structure, enclosure, open place, or locality in the market-area to be a principal market yard or sub-market yard, and private market yard, consumers' or farmers' market i.e. Krishak Bazar or Brihat Krishak Bazar etc., as the case may be.]

³⁴[4-A. Notification of intention to alter limits of or to amalgamate or to split up market areas to deestablish a market.—The State Government may, by notification in the Official Gazette,—

(a) alter the limits of a market area by including within it any other area in the vicinity thereof or by excluding thereof any area comprised therein; or

(b) amalgamate two or more market areas and constitute one market committee thereof; or

(d) de-establish a market; or

(e) modify the list of agricultural produce to be regulated in the market.

Explanation.—Every notification issued under this section shall define the limits of the area which is intended to be included in or excluded from a market area, or of the market area intended to be amalgamated into one, or of the area of each of the markets intended to be constituted after splitting up an existing market area or of the area of the market intended to be de-established, as the case may be, and shall also specify the period which shall not be less than six weeks within which objections, if any, shall be received by the State Government.]

³⁵[4-B. Establishment of private yards for direct purchase of agricultural produce from agriculturist (Direct purchasing from producer).—The market committee or any authority as may be prescribed by the State Government, may grant licence to set up a private market yard for direct purchase and sale of agricultural produce for the purpose of processing, trading, exporting and importing, grading, or for making any transaction in other way by value addition, of such agricultural produce as may be notified by the State Government.]

³⁶[4-C. Establishment of consumers' or farmers' market i.e. Krishak Bazar or Brihat Krishak Bazar etc.—(1) The consumers' or farmers' market or Krishak Bazar or Brihat Krishak Bazar etc. may be established by developing infrastructure as may be prescribed, by any person in any market area and at such place, a farmer or producer of agricultural produce himself may, sell his produce directly to the buyer in such manner as may be prescribed.

(2) A market charge shall be collected on sale of agriculture produce by the seller and shall be remitted to the licensee of the consumer market.

(3) Save as otherwise provided in this Act, no market fee shall be leviable on the transactions undertaken in the consumers' or farmers' market or Krishak Bazar or Brihat Krishak Bazar etc.

(4) A licence for establishment of private market yards shall be granted by the market committee or any authority prescribed by the State Government under Section 13-A.]

## Section 5. Market Committee.—³⁷(1) There shall be a market committee for every market area.

(2) Every market committee shall be a body corporate by such name as the State Government may specify, shall have ³⁸[, subject to the provision of sub-section (4) of Section 3,] perpetual succession and a common seal, may sue and be sued in its own name, shall acquire, hold and dispose of property both movable and immovable, enter into contracts and do all such things as may, from time to time, be necessary for carrying out the functions of this Act:

Provided that save as the State Government may, by general or special order, direct, no market committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting of the market committee by not less than three-fourths of its members and with the previous sanction of the State Government.

(3) ³⁹[The State Government shall, by notification, constitute a market committee consisting of the following members—

(a) two officers of the State Government of whom at least one shall be an officer of the ⁴⁰[Directorate of Agricultural Marketing,] West Bengal, having jurisdiction over the area for which the market committee is constituted ⁴¹[or any part of such area];

(b) one person to represent the members of any co-operative marketing society carrying on business in the market area, or if there is no such co-operative marketing society, any other co-operative society carrying on business in such area;

Provided that in case where financing by bank is not done the State Government may nominate a representative of any other bank functioning in or near the market area;

(d) one person representing ⁴²[the local authority having jurisdiction over the market area or any part thereof];

⁴³(dd) two persons representing the small growers;

Explanation.—In this clause, “small grower” means a grower owning, or having in his possession, less than two hectares of agricultural land;

⁴⁴(ddd) the member or the West Bengal Legislative Assembly elected thereto from the constituency comprising the principal market yard or the major part of it:

Provided that where a market committee was constituted prior to the commencement of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, with more than one member of the West Bengal Legislative Assembly as members of the market committee, the State Government may declare the names of the Chairman, the Vice-Chairman and other members of the market committee by a fresh notification under Section 6 with only one member of the West Bengal Legislative Assembly as a member of the market committee under this clause and upon such declaration the other members of the West Bengal Legislative Assembly who were members of the market committee prior to such declaration shall be deemed to have vacated their offices as members of the market committee;

(e) five persons representing ⁴⁵[the agriculturists of the market area;] and

(f) two persons representing the licensed traders doing business in agricultural produce in the market area:

⁴⁶Provided that a market committee constituted under ⁴⁷[this sub-section] may consist of the members mentioned in clauses (a), (b), (d) and (e). The other members of such market committee may, subject to the provisions of sub-section (5), be appointed subsequently.

⁴⁸(3A) Notwithstanding anything contained in any judgement, decree or order of any court, a market committee constituted with the members mentioned in clauses (a), (b), (d) and (c) of sub-sect ion (3) shall be deemed to have been duly constituted under ⁴⁹[that sub-section], and any action taken, any order made, any notice issued, any fee imposed or realised, any direction given, any decision taken, any punishment awarded or any authority or power or jurisdiction exercised by such market committee under this Act shall be deemed to have been validly taken, made, issued, imposed or realised, given, taken, awarded or exercised under this Act, and shall not be called in question in any court.

(4) The State Government may, at any time, by order issued in this behalf, increase the representation of members mentioned in clauses (e) and (f) of sub-section (3) to seven and three respectively.

(5) The members of every market committee ⁵⁰[constituted under sub-section (3)] shall be appointed by the State Government⁵¹[* * *].

(6) The State Government shall appoint one from among the members of the market committee to be the Chairman who shall be the executive head of the market committee and another to be the Vice-Chairman or the market committee.

(7) The term of office of the members of the market committee, save as otherwise provided in this Act, shall be three years from the ⁵²[date or notification under ⁵³(sub-section (3))] and shall include any further period which may elapse between the expiration of the said period of three years and the date of the first meeting of the succeeding market committee at which a quorum is present:

Provided that a member of a market committee may, on expiry of his term of office, be re-appointed:

⁵⁴Provided further that the term of office of a member of a market committee appointed at any time subsequent to the constitution of such market committee under the proviso to sub-section (3) shall expire simultaneously with the expiry of the term of office of the other members constituting such market committee.

## Section 6. Date or constitution of market committee.—The names of Chairman and Vice-Chairman appointed under sub-section (6) of Section 5 with the other members of a market committee shall be declared by the State Government by notification, but such market committee shall be deemed to be duly constituted from the date of notification under ⁵⁶[sub-section (3)] of Section 5:

⁵⁷Provided that the notification constituting market committee prior to the commencement of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, shall be deemed to have been issued under sub-section (3) of Section 5.

## Section 7. Disqualification or members.—⁵⁸(1) No person who—

(a) is an employee of the market committee, or

(b) has been declared by a competent court to be of unsound mind, 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.

⁵⁹(2) No member of a market committee shall, if he ceases to represent the category of persons referred to in sub-section (3) of Section 5 from which he was appointed, continue in office as such member.

## Section 8. Terms and conditions for holding office.—The members of every market committee shall hold office on such terms and conditions as may be prescribed.

## Section 9. Casual vacancy.—(1) If, at any time, a vacancy occurs in the office of a member of a market committee by reason of the non-acceptance of office, or by the removal, death or resignation, the vacancy shall be filled by a fresh appointment of a person belonging to the class which such member represented.

(2) Every person appointed under sub-section (1) shall hold office for the unexpired period of the term of office of member whose place he fills.

## Section 10. Removal of member.—The State Government may, by notification ⁶⁰[* * *], remove any member of a market committee from his office if such member has in the opinion of the State Government, been guilty of misconduct or neglect of duty or has become disqualified within the meaning of Section 7:

Provided that the State Government shall, before passing any order under this section, give the person concerned an opportunity of being heard.

⁶¹ 10-A. Member removed shall no be eligible for re-appointment.—No member of the market committee who has been removed from his office on any of the grounds mentioned in Section 10 shall be eligible for re-appointment to any market committee.

## Section 11. Validity of action or a market committee.—No action of a market committee shall be called in question merely by reason of the existence of any vacancy in, or any defect in the constitution of, the market committee at the time of taking such action.

## Section 12. Duties and functions or the market committee.—(1) Subject to the other provisions of this Act, the following shall be the duties and functions of a market committee:—

(i) to establish ⁶²[if so required by the State Government,] market for the market area providing for facilities in connection with the marketing of agricultural produce;

(ii) to grant or renew licences, in the manner prescribed, to traders, commission agents, brokers, weighmen, measurers, warehousemen, surveyors and other persons or firms referred to in Section 13;

(iii) to administer market committee fund referred to in Section 19 and maintain the accounts thereof in the prescribed manner;

(iv) to maintain and manage the principal market yard including the sub-market yard or yards and to control, regulate and run the market ⁶³[and to regulate the marketing of agricultural produce in the market area] in accordance with the provisions of this Act and the rules made thereunder;

(v) to keep a set of standard weights and standard measures in each principal market yard and sub-market yard against which weighment and measurement may be checked;

(vi) to collect and furnish such statistics and information relating to every such market yard and the marketing of agricultural produce as may be required by the Director or any other person authorised by him in this behalf;

(vii) to publish and disseminate for the benefit of the general public such market information and other instructions as may be issued by the Director in this behalf;

(viii) to settle disputes between buyers and sellers of agricultural produce or their agents in such manner as may be prescribed;

(ix) to promote grading and standardization of agricultural produce in such manner as may be prescribed;

(x) to control and regulate admission of persons to the principal market yard or sub-market yard or yards and to determine the conditions for the use or the market and to prosecute persons ⁶⁴[operating] without a valid licence in the market ⁶⁵[area];

(xi) to bring, prosecute or defend any suit, action, proceeding, application or arbitration in regard to any matter;

(xii) to perform such other duties and discharge such other functions as are imposed or conferred upon it by or under this Act or the rules made thereunder;

⁶⁶(xiii) to frame bye-lows for the purpose of carrying out the provisions of this Act and the rules made thereunder;

⁶⁷(xiv) to inspect and verify scales, weights and measures ⁶⁸[in use in a market area] and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed.

(2) A market committee may delegate to a sub-committee or subcommittees constituted by it from amongst its members in such manner as may be prescribed, all or any of its functions under this Act in respect of any market over which it has jurisdiction:

Provided that the market committee may accept, reject or revise the decision of such sub-committee or sub-committees.

⁶⁹ 12-A. Power of market committee.—Subject to the other provisions of this Act, a market committee may, on inspection and verification, confiscate, in such manner as may be prescribed, scales, weights and measures ⁷⁰[in use in a market area] if any of these does not conform to a standard scale, weight or measure, as the case may be.

## Section 13. Licence.—(1) After six months from the declaration of any area as a market area, no person shall, within the ⁷¹[market area], carry on business or act as a trader, commission agent, broker, weighman, measurer, warehouseman or surveyor, or sell or purchase agricultural produce, or engage in ⁷²[processing or preservation] of agricultural produce, or set up, establish or continue a ⁷³[place] for storage, sale or purchase of any agricultural produce, except, under and in accordance with the prescribed terms and conditions of a licence issued in this behalf by the market committee ⁷⁴[, notwithstanding anything contained in any other law for the time being in force and] ⁷⁵[irrespective of any licence required and issued under any law for the time being in force]:

⁷⁶Provided that nothing in this sub-section shall apply to any sale by a producer of his own produce, to retail sale and to purchase by an individual for his own consumption.

(2) Any person desiring to obtain a licence under sub-section (1) may make an application to the market committee in such form and on payment of such fee not exceeding rupees two hundred, as may be prescribed.

(3) On receipt of an application under sub-section (2), the market committee may issue the licence in such form, subject to such terms and conditions and for such period as may be prescribed.

(4) Any licence issued under sub-section (3) may be renewed for such period as may be prescribed, by the market committee from time to time on application made in this behalf by licensee and on payment of a fee equal to the fee payable for the issue of the licence in the first instance ⁷⁷[on payment of such fee not exceeding rupees two hundred as the market committee may fix],

(5) The market committee may refuse to issue or renew any, licence under this section in favour of any person if it is satisfied that such person has previously been convicted by a court of law for an offence punishable under this Act.

(6) The market committee may, after giving the holder of a licence under this section an opportunity of showing cause in such manner as may be prescribed, cancel his licence or suspend it for such period as it thinks fit for any breach of the terms and conditions or the licence or for any contravention of the provisions of this Act.

⁷⁸(6A) When a licence is cancelled or suspended under sub-section (6), the licensee may appeal, in such manner as may be prescribed, to an officer of the State Government not below the rank of a Superintendent of Agricultural Marketing having jurisdiction over the area, as may be specified by the State Government by an order issued in this behalf, and the decision of such officer shall be final.

(7) Where a licence is cancelled or suspended under sub-section (6), the licensee shall not be entitled to any compensation therefor, nor shall he be entitled to the refund of any fee paid by him for the licence.

⁷⁹(8) When a licence is lost, destroyed, torn or defaced, the market committee shall, on application made in this behalf by the licensee, and on payment of such fee as may be prescribed, issue a duplicate licence in the manner prescribed.

⁸⁰[13-A. Grant or renewal of licence of private market yard, consumers' or farmers' market.—(1) Any person who desires to establish private market yard in one or more than one market area, shall apply to the prescribed authority, for grant or renewal of licence, as the case may be, in such manner and subject to such terms and conditions, as may be prescribed:

Provided that no licence is required for direct purchase of agricultural produces from the notified consumers' or fanners' market or notified Krishak Bazar or Brihat Krishak Bazar etc.

(2) The authority as mentioned in sub-section (1), shall dispose of the applications made under sub-section (1), in such manner, and subject to such conditions, as may be prescribed.]

⁸¹[13-B. Power to cancel or suspend licence.—(1) Any licence granted under this Act may, in such manner as may be prescribed, be cancelled or suspended, if such authority has reasons to belief that—

(a) the licence has been obtained through willful misrepresentation or fraud; or

(b) the licensee has violated any of the terms or conditions of licence; or

(d) the licensee has incurred such disqualifications as may be prescribed; or

(e) the licensee is convicted of any offence any of the provisions under this Act.

(2) Any licence granted under the Act, shall not be cancelled or suspended without giving a reasonable opportunity of being heard to its holder and to show cause against such suspension or cancellation.]

## Section 14. Officers and employees or the market committee.—(1) Every market committee shall have a Secretory to be appointed by the State Government on such terms and conditions as may be prescribed:

Provided that the State Government may appoint any officer of the ⁸²[Directorate of Agricultural Marketing] as Secretary of the market committee.

⁸³[* * *]

⁸⁴(3) The market committee may appoint ⁸⁵[such other officers] and employees as the Board may sanction.

(4) The salaries and allowances of the officers and employees of the market committee shall be paid from the market committee fund and the market committee shall also provide for the payment of leave allowance, pension, gratuity and provident fund to all its officers and employees in accordance with such rules relating to the terms and conditions of service of such officers and employees ⁸⁶[as the market committee may, subject to the approval of the Board, determine).

⁸⁷(5) The market committee or any person dissatisfied with the decision of the Board in respect of any matter under sub-sections (3) and (4) may appeal to the State Government in such manner and within such time as may be prescribed.

## Section 15. Meetings of the market committee.—(1) Every market committee shall hold its meeting at least once in every month.

⁸⁸(1A) The Secretary shall fix the agenda and convene the meeting with the approval of the Chairman of the market committee.

(2) The Chairman or in his absence the Vice-Chairman ⁸⁹[of a market committee] shall preside at every meeting ⁹⁰[of such market committee] and in the absence of both, the members present shall elect one from among themselves to preside at such meeting.

(3) Six members shall form quorum for a meeting of the market committee.

⁹¹(3A) No business shall be transacted at a meeting of a market committee if there be no quorum and the same shall stand adjourned:

Provided that no quorum shall be necessary in the case of an adjourned meeting.

(4) Every matter coming before the market committee shall ⁹²[, subject to the provisions of sub-section (2) of Section 5,] be decided by a majority of votes of the members present and voting in the meeting and in the case of equality of votes the president of the meeting shall have a second or casting vote.

⁹³(5) The Chairman and the Vice-Chairman of the Board or any person authorised by the Board in this behalf and the Director ⁹⁴[or any person authorised by him in this behalf] shall have the right to attend any meeting of any market committee without any right to vote in such meeting.

## Section 16. Duties of the Secretary and other officers and employees.—The Secretary and the other officers and employees of the market committee shall discharge such duties as may be entrusted to them by the market committee.

## Section 17. Levy of fee by market committee.—(1) No [withstanding anything contained in the Bengal Finance (Sales Tax) Act, 1941 (Ben. Act 6 of 1941) or any other law relating to luxation of agricultural produce in force, the market committee shall levy fees on any agricultural produce sold in the market area, at a rate which shall not be ⁹⁶[* * *] more than two rupees per one hundred rupees of the amount for which the agricultural produce is sold, whether for cash or for deferred payment or for other valuable consideration, irrespective of the fact that the buyer of the produce is the Central Government or the State Government or an agent ⁹⁷[or undertaking] of either of them or a corporation constituted under any law for the time being in force;

⁹⁸Provided that no fee shall be levied in the same market area, more than once, in relation to the same agricultural produce irrespective of the number of transactions:

⁹⁹[Provided further that where a licensed trader has purchased from the market areas different kinds of agricultural produces of paddy and rice of an amount exceeding rupees seventy-five crore per annum, the State Government may, by notification, specify the rate of such fees in respect of such licensed trader depending on the different kinds of agricultural produces of paddy and rice.]

Explanation I.—For the purpose of this sub-section all agricultural produce taken out, or proposed to be taken out, of a market area shall, unless the contrary is proved, be presumed to have been sold within such area.

Explanation II.—In the determination of the amount of the fees payable ¹⁰⁰[under this sub-section], any fraction of ten paise less than five paise shall be disregarded and any fraction of ten paise equal to or exceeding five paise shall be regarded as ten paise.

Explanation III.—For the purpose of this sub-section all agricultural produce stored in the cold storage within the market area shall, unless the contrary improved, be presumed to have been stored for the purpose of sale.

(2) The fees referred to in sub-section (1) shall be paid by the purchaser of the agricultural produce concerned ¹⁰¹[* * *] in the following manner, namely:—

(i) when a licensed trader is the buyer of any agricultural produce, he shall pay the fees to the market committee in the prescribed manner within a week from the day of the transaction.

(ii) when a licensed trader is seller of any agricultural produce and the buyer is not licensed, the trader shall recover the fees from the buyer and deposit the same in the prescribed manner with the market committee within a week from the day of the transaction.

(iii) the market committee may authorise its officers or staff or ¹⁰²[any other person] to realise the fees directly from the buyer.

¹⁰³ 17-A. Submission of returns.—(1) Every licensed trader shall submit to the Secretary returns of turnover in such manner, for such period and by such dates as may be prescribed.

(2) The trader shall before submitting any return of turnover referred to in sub-section (1) pay in to the market committee fund the amount of fees due under this Act according to such return; and for such payment a receipt in duplicate shall be issued to the payee. One of the duplicate receipts issued to the payee shall be attached to the return of the turnover to be submitted to the market committee. In case of failure to submit return within the prescribed period the market committee shall initiate assessment proceedings for that return period soon after the expiry of the time.

(3) If the Secretary is satisfied that the return of turnover submitted by a trader is correct and complete, he may, without requiring the presence of the trader or the production of evidence by him, determine the amount of fees due from the trader.

(4) If the Secretary is not satisfied with the return of turnover submitted by a trader and requires the presence of the trader or the production of evidence by him, he may serve on such a under a notice in the prescribed form requiring him or his nominee on a date to be specified therein to attend before him and produce or cause to be produced before him, any evidence in support of the return.

(5) On the day specified in the notice issued under sub-section (4) or as soon thereafter as may be, the Secretary, after considering such evidence, oral or documentary, as the trader or his nominee may produce and such other evidence as the Secretary may require on specified points, shall, by an order in writing, assess and determine the fees payable by him.

(6) If a trader fails to submit any return of turnover as required under sub-section (1) or fails to comply with the terms of a notice issued under sub-section (4), the Secretary shall, after giving the trader an opportunity of being heard, make, in the prescribed manner, the assessment of fees payable under this Act to the best of his judgement and determine the sum payable by the trader on the basis of such assessment. The Secretary may, in such a case, and in a case where a trader has failed to comply with the provisions of sub-section (2), direct that the trader shall in addition pay, by way of penalty, a sum not exceeding the amount of the fees assessed, if he is satisfied that the failure was unjustified or wilful.

¹⁰⁴ 17-B. Search and seizure.—The officers or employees of the market committee shall have power to seize any agricultural produce taken, or proposed to be taken, out of a market area in any vehicle, boat or other conveyance, and to search or seize records of market functionaries if such officer or employee has reason to believe that any fees or other amount due to the market committee under this Act in respect of such agricultural produce has not been paid, together with any container or other materials for the packing of commodities. Such seizure shall be forthwith reported by the officer of employee to a Magistrate having jurisdiction to try an offence under this Act and the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1973) shall, so far as may be, apply in relation to the agricultural produce seized as aforesaid as they apply in relation to property seized by a police officer.

¹⁰⁵ 17-C. Inspection of vehicles, boats etc.—At any time when so required by any officer or employees of the market committee empowered by the State Government in this behalf, the driver or any other person-in-charge of any vehicle, boat or other conveyance which is taken or proposed to be taken out of a market area, shall stop the vehicle, boat or other conveyance, as the case may be, and keep it stationary as long as may reasonably be necessary and allow the officer or employee empowered as aforesaid to examine the contents in the vehicle, boat or other conveyance and inspect all records relating to the agricultural produce carried, which are in the possession of such driver or other person-in-charge, who shall, if so required, give his name and address and the name and address of the owner of the vehicle, boat or other conveyance.

¹⁰⁶ 17-D. Appeal.—Any person aggreived by an order made under Sections 17-A, 17-B or 17-C may appeal to ¹⁰⁷[an officer of the State Government] not below the rank of a Superintendent of Agricultural Marketing, as may be specified by the State Government by an order issue in this behalf, having jurisdiction over the area ¹⁰⁸[and the decision of such officer shall be final].

Provided that no appeal against an order made under Sections 17-A, 17-B or 17-C shall be entertained by ¹⁰⁹[such officer] unless he is satisfied that such amount of fee as the appellant may admit id be due from him has been paid.

## Section 18. Power to borrow.—(1) A market committee may, with the previous sanction of the State Government, ¹¹⁰[raise money, by taking loan from the State Bank of India or any other bank or otherwise, required] for carrying out the purposes or this Act on the security of any property vested in and belonging to such committee.

(2) A market committee may, subject to such conditions as may be imposed by the State Government, obtain loan from the State Government.

## Section 19. Marker committee fund.—(1) All moneys received by a market committee shall be paid into a fund to be called the market committee fund and all expenditure incurred by the market committee under or for the purposes of this Act shall be defrayed out of the said fund.

(2) Out of the surplus, if any, remaining with the market committee at the close of each market year after meeting all the expenditure incurred for the purposes of this Act during the said year, rupees one thousand shall be credited to the reserve fund of the market committee and out of the excess amount, if any, twenty per cent, shall be paid into the West Bengal State Marketing Board Fund:

¹¹²[Provided that all moneys received by a market committee under the second proviso to sub-section (1) of Section 17, shall be credited to the Consolidated Fund of West Bengal in such manner as may be prescribed and the State Government may, if the State Legislature by appropriation made by law in this behalf so provides, credit an amount to the West Bengal Agricultural Produce Marketing Fund and all expenditure incurred by the market committee under or for the purpose of this Act shall, with the previous permission of the State Government, be defrayed out of the said fund.]

¹¹³[* * *]

## Section 20. Application of the marker committee fund.—(1) Subject to the provisions of Section 19, the market committee fund may be applied for the following purposes only, namely:—

¹¹⁵(i) acquisition, and taking on lease, of market, and management of market;

(ii) maintenance and improvement of the market;

(iii) construction and repair of buildings and installation and repair of equipments which are necessary for the purposes of the market and for the health, convenience and safety of the persons using it;

(iv) provision for, and maintenance of, standard weights and measures;

(v) payment of pay, leave allowance, gratuity, compassionate allowance and contribution towards leave allowance, compensation for injuries and death resulting from accidents while on duty, medical aid, pension or provident fund of the persons employed by the market committee;

(vi) payment of interest on loans that may be raised for carrying out the purposes of this Act and creation of a fund for repayment of such loans;

(vii) collection and dissemination of information regarding all matters relating to crop statistics and marketing in respect of the agricultural produce concerned;

(viii) providing facilities, such as shelter, parking accommodation and water for the persons, drought cattle, vehicles and pack animals coming or being brought to the market and construction and repair of approach roads, culverts, bridges and such other purposes;

(ix) meeting the expenses incurred in maintenance of office and in auditing the accounts of the market committee;

(x) publicity in favour of agricultural improvements and thrift;

(xi) fostering co-operative marketing and assisting co-operative marketing societies in the procurement and organisation of profitable disposal of produce particularly the produce belonging to small and marginal farmers;

(xii) prevention, in conjunction with other agencies, State, Central and others of distress sale;

(xiii) meeting any legal expenses incurred by the committee;

(xiv) incurring all expenses for training in marketing of the agricultural produce;

(xv) payment of travel ling and sitting allowances to the members and employees of the market committee in such manner and at such rates as may be prescribed;

(xvi) grant of loans and advances to the employees;

(xvii) performing, with the previous, sane lion of the Board, any other function as may be necessary to carry out the purposes of this Act.

¹¹⁶(1A) Every market committee shall, with the previous approval of the Board, spend every year fifty per cent, of the ¹¹⁷[fees referred to in sub-section (1) of Section 17 other than fees referred to in the second proviso to sub-section (1) of the said section] for providing facilities with a view to ensuring smooth marketing of agricultural produce or for servicing loans taken on that account. If any market committee fails to spend the amount or portion of it for the aforesaid purposes, the same amount of the unspent portion shall be utilised for other purposes referred to in sub-section (1):

Provided that the Board may from time to time review the requirements of the persons using the market area and direct the market committee to provide such facilities as the Board may consider necessary and any such direction by the Board shall be binding on the market committee.

(2) The market committee fund shall be operated by the Chairman jointly with the Secretary ¹¹⁸[and in the absence of the Secretary, with another member] of the market committee and the accounts thereof shall be kepi and audited in such manner as may be prescribed.

¹¹⁹ 20-A. Budge of the market committee.—(1) The Chairman of the market committee shall, at a special meeting to be held for the purpose before the fifteenth day of ¹²⁰[November] in each year, lay before the market committee a budget of the committee for the next market year.

(2) The market committee shall, within the seventh day of ¹²¹[December] in each year, consider the budget laid before it and accept it with or without modifications.

¹²²(3) Every budget as accepted by the market committee shall be submitted to the Board with in the twentieth day of December in each year and the Board shall, within the twentieth day of January of the following year, either sanction the Budget as accepted by the market committee and communicate necessary intimation in this behalf to the market committee or return it to the market committee for making such modifications therein as the Board may deem fit to specify.

¹²³(4) Where the budget is returned to the market committee by the Board for making any modification therein, the market committee shall within the fifteenth day of February, make such modifications and submit, within the first day of March, the budget as so modified to the Board and the Board shall, then, within the thirty-first day of March, sanction the same and communicate necessary intimation in this behalf to the market committee.

(5) The Chairman of the market committee may, at any time during the year for which a budget has been sanctioned by the Board, lay before the market committee a supplementary budget, and the provisions of sub-section (2), sub-section (3) and sub-section (4) shall mutatis mutandis apply to such supplementary budget.

(6) No sum shall be expended by or on behalf of the market committee unless the expenditure is covered by a specific provision in the budget sanctioned by the Board:

Provided that the market committee may sanction any re-appropriation from one head of expenditure to an other or from the provision made for one scheme to the provision made for another, with the previous approval of the Board.

¹²⁴ 20-B. Audited statement or accounts and annual report.—The Secretary of a market committee shall, at a special annual meeting, place before the market committee the audited statement of accounts and annual administration report in respect of such market committee.

¹²⁵[20-C. Establishment of West Bengal Agricultural Produce Marketing Fund.—(1) There shall be established, for the purposes of this Act, a fund to be called the West Bengal Agricultural Produce Marketing Fund.

(2) The Fund shall be under the control of the State Government and shall be credited thereto—

(a) any sum of money credited under the proviso to sub-section (2) of Section 19;

(b) any sum of money credited under Section 20-D;

(c) any sum realised by the State Government in carrying out its functions under this Act or in the administration of this Act, if any;

(d) any fund provided by the Central Government for the regulation of marketing of agriculture produce in West Bengal.

(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.]

¹²⁶[20-D. Grants and loans by the State Government.—The State Government may, after due appropriation made by way of grants or loans, such sums of money as the State Government may consider necessary.]

¹²⁷[20-E. Maintenance of accounts.—The State Government shall maintain proper accounts and other relevant records in such form, and in such manner, as may be prescribed.]

¹²⁸[20-F. Administration of West Bengal Agricultural Produce Marketing Fund.—The State Government shall administer the fund and take such decisions regarding investment of the fund in the regulation of marketing of agricultural produce in West Bengal, as it considers necessary.]

## Section 21. Execution of contract.—(1) Every contract required to be entered into by the market committee shall be in writing and signed on behalf of the market committee by its Chairman ¹²⁹[, Secretary] and two other members.

(2) No contract other than a contract as provided in sub-section (1) shall be binding on the market committee.

## Section 22. Supersession of the market committee.—(1) If at any time the State Government considers it necessary so to do in the public interest, it may, by notification, supersede the market committee, the members of which shall forthwith vacate their offices, and proceed to reconstitute it in accordance with the provisions of this Act and appoint a person to perform the functions of the market committee until it is so reconstituted.

(2) For the avoidance of doubts it is hereby declared that a notification of supersession under sub-section (1) shall not effect or imply in any way the dissolution of the market committee as a body corporate.

## Section 23. Market committee to furnish information to State Government.—The market committee shall furnish shall information in connection with its duties and functions as the Director or the State Government or any officer appointed by the State Government may in this behalf call for.

## Section 24. Power of inspection.—(1) The Director or any other officer not below the rank of ¹³¹[a Superintendent of Agricultural Marketing], authorised by the State Government is this behalf by general or special order, may inspect or cause to be inspected the accounts of the market committee or institute an enquiry into the affairs of the market committee and require the market committee or its Chairman to do a thing or to refrain from doing a thing which the Director or other officer considers necessary or desirable in the interest or the market or the market committee.

(2) The Director or any officer authorised by the State Government under sub-section (1) shall, for the purposes of the said sub-section, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, (Act 5 of 1908) when trying a suit in respect of the following matters, namely:—

(a) enforcing the attendance of any person and examining him on oath or affirmation;

(b) compelling the production of documents; and

## Section 25. Director may cancel or suspend any licence.—The Director may, for reasons to be recorded in writing, suspend or cancel any licence issued under Section 13 and may take such other steps as he may deem fit in the interest of the market:

Provided that before passing any order under this section the Director shall give a reasonable opportunity to the licensee of being heard.

## Section 26. Alternative arrangements for performing the duties of the market committee.—Where the market committee is unable due to any order or decision of a court or any other reason to perform the duties imposed upon it by or under this Act the State Government shall make such alternative arrangement as it deems necessary for the due performance of the duties and functions of such market committee.

## Section 27. Supervisory power of the Director and the Board and appeal to the State Government.—(1) The Director or the Board may at any time call for and examine any record from a market committee for the purposes of satisfying himself or itself, as the case may be, as to the legality or propriety of any decision or order passed by such market committee and may, after giving an opportunity to the market committee of being heard, pass such order thereon as considered fit and proper:

Provided that the Director or the Board when he or it, as the case may be, calls for any record from a market committee, shall also notify the other about such action and the other, as the case may be, shall not in such a case take any action.

(2) The Director or the Board may, pending the examination and disposal of the matter under sub-section (1), direct that the execution of the decision or order of the market committee be stayed.

(3) The market committee, if dissatisfied with the decision of the Director or the Board under sub-section (1), or any person aggrieved by the refusal to stay the execution of the decision or order of the market committee, may prefer an appeal to the State Government within such time and in such manner as may be prescribed.

## Section 28. Acquisition of land by market committee.—¹³³(1) Where any land is needed for the purposes of a market committee the State Government may proceed to acquire the same under the provisions fo the Land Acquisition Act, 1894 (I of 1894) ¹³⁴[, the West Bengal Land (Requisition and Acquisition) Act, 1948, (Beng. Act 2 of 1948)], or any other law for the time being in force.

¹³⁵(2) Any land so acquired shall be transferred to the market committee on such terms and conditions as may be agreed upon between the State Government and the market committee.

## Section 29. Power to exempt.—The State Government may, by notification ¹³⁶[* * *] and subject to such conditions and restrictions as it may think fit to impose, exempt any class of persons, commodity or trades from all or any of the provisions of this Act. ¹³⁷[Such exemption order shall also be published in the market area or the office of the local authority in such manner as may be prescribed.]

## Section 30. Recovery or sums due.—Every sum due to a market committee under this Act shall be recoverable as an arrear of land revenue under the provisions of the Bengal Public Demands Recovery Act, 1913, (Ben. Act 111 of 1913).

## Section 31. Members and employees of a market committee to be public servants.—Every member of a market committee and every officer and employee of a market committee shall he deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860, (Act 45 of 1860).

## Section 32. Bar of suit absence of notice.—(1) No suit shall be instituted against any market committee, its Chairman, Vice-Chairman or any other member, any officer or employee, or any person acting under the direction of any such market committee, Chairman, Vice-Chairman, or any other member, officer or employee, for anything done or purported to be done, in good faith as such member, Chairman, Vice-Chairman officer, employee or person under this Act, until the expiration of two months next after notice in writing stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has been in the case of a market committee, delivered or left at its office and in the case of the Chairman, Vice-Chairman or other member, officer, employee or person as aforesaid, delivered to him or left at his office or usual place of abode, and the plaint shall contain a statement that such notice has been so delivered or left.

(2) Every such suit shall be dismissed unless it is instituted within six months form the date of accrual of the cause of action.

(3) Nothing in this section shall be deemed to apply to any suit instituted under Section 38 of the Specific Relief Act, 1963, (Act 47 of 1963).

## Section 33. Prohibition of trade allowance, fee or charge.—No trade allowance, fee or charge other than such as may be determined by a market committee shall be recovered in any transaction within a market area.

## Section 34. Penalty.—(1) Whoever contravenes ¹⁴⁰[the provisions of sub-section (2) of Section 4 or] the provisions of Section 13 shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, and in the case of a continuing contravention, with a further fine which may extend to fifty rupees per day during which the contravention continues after the first conviction.

(2) Whoever in contravention or the provisions of Section 33 ¹⁴¹[recovers any trade allowance, fee or charge] shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both ¹⁴²[and in case of a continuing offence with a further the which may extend to fifty rupees for every day during which such offence continues after the first conviction.]

(3) Whoever contravenes any condition of a licence granted by a market committee shall, on conviction, be punishable with fine, which may extend to five hundred rupees.

(4) Whoever obstructs any authorised person while discharging his duly under Section 16 shall, on conviction, be punishable with fine which may extend to five hundred rupees.

(5) Whoever fails to pay any fee or other sum due to the market committee under the provisions of this Act or the rules or bye-laws made thereunder or evades the payment due towards remuneration to any weighman or pattadar, or demands remuneration without authority of the seller or buyer for his employment or demands remuneration otherwise than in accordance with the provisions of the rules and bye-laws made under this Act shall, on conviction, be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with a further fine which may extend to fifty rupees for every day during which such offence continues after the first conviction.

(6) Whoever contravenes any provisions of this Act or any rule or bye-laws made thereunder shall, if no other penally is provided for the offence, be punishable with fine which shall not be less than twenty rupees but may extend to two hundred rupees.

(7) All offences punishable under this Act or the rules made thereunder shall be cognisable and bailable.

(8) The market committee may accept from any person who has committed or is reasonably suspected of having committed an offence against this Act or the rules or bye-laws made thereunder by way of composition of such offence—

(a) where the offence consists of the failure to pay or evasion of any fee or other amount recoverable under this Act or the rules or bye-laws made thereunder, in addition to the fee or other amount so recoverable a sum not exceeding five hundred rupees or double the amount of fee or other amount whichever is greater, and

(b) in other cases, a sum of money not exceeding five hundred rupees.

(9) Whenever any person is convicted of any offence under this Act or rules or bye-laws made thereunder, the Magistrate shall, in addition to any fine which may be imposed, direct the person to pay to the market committee the amount of fees or any other money that may be due from him under this Act and the rules or bye-laws made thereunder, and also such costs of prosecutions as may he fixed by the Magistrate, within such time as may be fixed by him and on failure to pay such dues within such time, the Magistrate shall impose such further fine or imprisonment or both as he may think fit.

(10) Any police officer may arrest any person committing any offence against any provision of this Act or any rule or bye-law made thereunder and produce him before the nearest Magistrate for necessary orders and communicate that information to the market committee forthwith.

## Section 35. Power to delegate.—Subject to the other provisions of this Act the State Government may delegate any of its powers or functions under this Act to the Director.

¹⁴³[35-A. Appeal on the order of the market committee.—(1) Any person aggrieved by an order of the Market Committee or Special Market Committee, passed under any section, except Section 17-A, Section 17-B or Section 17-C, of this Act, may prefer an appeal within 30 days in the manner prescribed by the State Government,—

(a) to the Director, where such order is passed by the Market Committee or Special Market Committee;

(b) to the State Government, where such order is passed by the Director or the Board.

(2) The Appellate Authority may, if it considers necessary to do so, grant a stay of the order appealed against for such period as it may deem fit.]

¹⁴⁴[35-B. Redressal of dispute between private market, or farmers' or consumers' market or Krishak Bazar or Brihat Krishak Bazar etc., and market committee.—(1) Any dispute between the private market, or the farmers' or consumers' market or Krishak Bazar or Brihat Krishak Bazar etc., and the market committee, shall be referred to the Director, or any other officer authorised in this behalf by the State Government, for redressal of such dispute.

(2) The dispute so referred under sub-section (1) shall, after giving both the parties a reasonable opportunity of being heard, be decided in such manner as may be prescribed and the decision of the authority as mentioned in sub-section (1), shall be final.]

## Section 36. Constitution of the Board.—(1) The State Government may, by notification ¹⁴⁶[* * *] establish a Board to be known as the West Bengal State Marketing Board.

(2) The Board shall be a body corporate by the aforesaid name, shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall be competent to acquire, hold and dispose of property, both movable and immovable, enter into contracts and do all such things as may, from time to time, be necessary for carrying out the purposes of this Act.

(3) The Board ¹⁴⁷[shall be constituted by the State Government by notification and] shall consist of members, both officials and non-officials, not more than 20 in number, of whom not more than be shall be non-officials.

(4) The members of the Board shall be appointed by the State Government.

(5) The State Government shall appoint one from among the members of the Board to be the Chairman ¹⁴⁸[, one to be the Vice-Chairman and another to be the Secretary] of the Board.

(6) The term of office of the members of the Board shall be three years from the date of ¹⁴⁹[notification under ¹⁵⁰[sub-section (3)]] and shall include any further period which may elapse between the expiration of such period of three years and the date of the first meeting of the succeeding Board at which a quorum is present:

Provided that a member of the Board may, on the expiry of his term of office, be re-appointed.

¹⁵¹(7) The names of Chairman, Vice-Chairman and Secretary appointed under sub-section (5) with the other members or the Board shall be declared by the State Government by notification, but the Board shall be deemed to be duly constituted from the date of notification under ¹⁵²[sub-section (3)]:

¹⁵³Provided that the notification constituting the Board prior to the commencement of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, shall be deemed to have been issued under sub-section (3).

(8) A member of the Board including ¹⁵⁴[the Chairman, the Vice-Chairman and the Secretary] may, by writing under his hand addressed to—

(a) the State Government, in case of ¹⁵⁵[the Chairman, the Vice-Chairman and the Secretary], and

(b) the Chairman, in case of the other members or the Board, resign his office and on such resignation being accepted, he shall be deemed to have vacated his office.

(9) If at any time a vacancy occurs in the office of a member of the Board by reason of the non-acceptance of office or by the removal, death or resignation, the vacancy shall be filled up by fresh appointment of a person who shall hold office for the unexpired period of the term of office of the member whose place he fills.

¹⁵⁶ 36-A. Meetings of the Board.—(1) The Board shall meet ¹⁵⁷[as and when considered necessary by the Chairman but at least once in a quarter]:

Provided that the Chairman may, for the purpose of disposing of outstanding business of the Board or for any other purpose, and shall, on receipt of a written requisition, signed at least by majority of the members of the Board and specifying the agenda, call a special meeting of the Board.

(2) The Chairman, and in the absence of the Chairman, the Vice-Chairman, of the Board and in the absence of both Chairman and the Vice-Chairman, any member chosen by the members of the Board present in the meeting for the purpose shall preside over the meeting of the Board.

(3) All questions in the meeting shall be decided by majority of votes, the person presiding having a second or casting vote in cases of equality of voles.

(4)(a) The number of members necessary to form a quorum shall be such as may be prescribed,

(b) If there be no quorum in the meeting, no business shall be transacted at such a meeting and the meeting shall be adjourned to another date:

Provided that no quorum shall be necessary in the case of such adjourned meeting.

(5) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its, meetings as may he prescribed.

(6) No person, who—

(a) is an employee of the Board, or

(b) has been declared by a competent court to be of unsound mind, 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 the Board.

(7)(a) The State Government may, by notification ¹⁵⁸[* * *] remove any member of the Board from his office if such member has, in the opinion of the State Government, been guilty of misconduct or neglect of duty or has become disqualified within the meaning of sub-section (6):

Provided that the State Government shall, before passing any order under this clause, give the person concerned an opportunity of being heard.

(b) No member of the Board who has been removed from his office on any or the grounds mentioned in clause (a) shall be re-appointed to the Board.

(8) No action of the Board shall be called in question merely by reason of the existence of any vacancy in, or any defect in the constitution of, the Board at the time of taking such action.

¹⁵⁹ 36-B. Power to remove difficulty.—If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders, not inconsistent with this Act, as may appear to it to be necessary or expedient for the purpose of removing such difficulty.

¹⁶⁰ 36-C. Powers and duties or the Board.—(1) Subject in the control of the State Government, the Board shall have the ¹⁶¹[powers]—

(a) to exercise superintendence and control over the business and affairs of the market committees,

(b) to inspect or cause to be inspected the business and affairs of the market Committees including their accounts and the markets established by them,

(c) to institute an inquiry into the affairs of any market committee, the inquiring officer having the same power, as are vested in a court under the Code of Civil Procedure, 1908, (Act 5 of 1908) when trying a suit, in respect of the matters referred to in sub-section (2) of Section 24 of this Act.

¹⁶²(cc) to approve the place or places of transaction in agricultural produce within such distance of a principal market yard or a sub-market yard as may be determined by the market committee,

(d) for carrying out the purposes of this Act, to issue directions, from time to time, to the market committees, to be binding upon such committees, and

(e) to do, in relation to, or in connection with, the regulation of marketing of agricultural produce in West Bengal, such other acts as the Board may deem necessary.

(2) It shall be the duty or the Board—

(a) to supervise, control and co-ordinate the activities of the market committees,

¹⁶³(aa) to review the requirements of persons using a market and to direct the market committee to provide facilities for the marketing of agricultural produce,

¹⁶⁴(aaa) to approve the programme drawn up by a market committee for the purpose of providing facilities to persons using the market area,

(b) to provide for expert technical assistance or guidance for efficient working of the market committees,

(c) for the efficient functioning of the market committees, to arrange for the training of the officers, employees and technical personnel of such committees, and if necessary, to establish under its direct charge and control, for such training purposes, and for affording practical guidance to such committees, a model market in accordance with the provisions of this Act,

(d) to educate the public and impress upon them the advantages and merits of patronizing the markets established by the market committees,

(e) to collect and furnish such statistics and marketing information in relation to or in connection with market committees including the markets established by such committees as may be required by the Board for its efficient and effective functioning under this Act and to publish and disseminate forme benefit of the general public any statistics and marketing information, and such other instructions as may be issued by the Board from time to time.

(f) to help the market committees with expert advice and guidance in grading and standardization of the agricultural produce and to bring about, as far as practicable, uniformity in respect thereof in all the markets established by the market committees in the State,

(g) to initiate, from time to time, such other actions as the State Government or the Board may deem necessary to carry out the purposes of this Act.

(3)(a) If the State Government considers it necessary so to do, it may, by notification ¹⁶⁵[* * *], delegate, subject to such restrictions as it may deem fit to impose, to the Board all or any of the powers exercisable by it by or under this Act.

(b) While exercising the powers referred to in clause (a), the Board shall be under the control of the State Government.

¹⁶⁶ 36-D. Delegation of the Board's powers and duties.—For the purpose of efficiently discharging its business under this Act, the Board may, from time to time, by order, delegate, under such restrictions, if any, as it may think fit to impose, any of its powers and duties conferred and imposed on it by this Act to the Chairman of the Board ¹⁶⁷[or to Secretary of the Board or to the Chief Executive Officer,] or to any other officer of the Board or to a sub-committee or sub-committees formed from amongst the members of the Board.

¹⁶⁸ 36-E. Chief Executive Officer and other officers and employees of the Board.—(1) The Board shall have a Chief Executive Officer to be appointed by the State Government on such terms and conditions as may be prescribed.

(2) The Board may, for the efficient discharge of its business, appoint other officers, technical personnel, and employees under such terms and conditions as may be determined by the Board with the approval of the State Government.

(3) The Chief Executive Officer and other officers, technical personnel, and employees of the Board shall discharge such duties as may be entrusted to them by the Board.

¹⁶⁹ 36-F. Power to borrow money.—(1) For carrying out the purposes of this Act, the Board may, with the previous approval of the State Government, raise loans in the open market or from any financial institutions, and the State Government may stand guarantee for payment of the principal amount of such loan and for payment of interest, subject to such terms and condition as it may determine.

(2) The State Government may advance money or grant loans to the Board on such terms and conditions as may be determined by the State Government.

(3) The Board may advance money or grant loans to the market committees, subject to such terms and conditions as the Board may determine.

(4) Notwithstanding anything contained in any other law for the time being in force, every debt arising out of any loan taken by the Board from the State Government or any financial institution for carrying out the purposes of this Act shall—

(a) have priority over all other debts whether secured or unsecured, and

(b) be a preferential debt within the meaning of Section 530 of the Companies Act, 1956, (Act 1 of 1956).

and such debts shall rank equally among themselves and be paid in full out of the assets of the Board unless such assets are insufficient to meet them, in which case they shall abate in equal proportion.

¹⁷⁰ 36-G. Fund of the Board.—(1) The Board shall have a Fund to be called the West Bengal State Marketing Board Fund.

(2)(a) All moneys received by the Board shall be paid into the West Bengal State Marketing Board Fund and all expenditure incurred by the Board under or for the purposes of this Act shall be defrayed out of the said Fund. ¹⁷¹[* * *]

¹⁷²(b) The West Bengal State Marketing Board Fund shall be operated by the Chief Executive Officer of the Board jointly with such an official member of the Board as the Board may determine and the accounts thereof shall be kept in such manner as may be approved by the Board:

¹⁷³Provided that the Board may also authorise another official member to operate the fund jointly with the Chief Executive Officer in case of absence of the official member determined in the aforesaid manner.

(c) A copy of the audited accounts, along with the auditor's report thereto shall be, as soon as may be, forwarded to the State Government, and any direction issued by the State Government in relation thereto shall be forthwith carried out by the Board.

(d) The accounts of the Board in respect of each market year shall be audited within three months of the closing of the market year, by such auditor as may be approved by the State Government, and the fees payable to such auditor and the other expenditure incurred for audit shall be paid out or the West Bengal State Marketing Board Fund.

(e) The Board shall cause to be produced all accounts, registers, documents, vouchers, receipts and other relevant papers which may be called for by the auditor for the purpose or audit. Any explanation called for by the auditor for the settlement of any discrepancy in the accounts shall be immediately furnished to him.

(f) The auditor shall have the same rights and privileges and authority in connection with audit or the accounts of the Board as the Comptroller and Auditor-General of India has with the audit of Government accounts.

(g) The West Bengal State Marketing Board Fund shall be applied to enable the Board to carry out the purposes of this Act.

¹⁷⁴(3) The West Bengal State Marketing Board Fund shall be utilised for the following purposes, namely:—

(i) better marketing of agricultural produce,

(ii) marketing of agricultural produce on co-operative lines and assisting the co-operative marketing societies in the procurement of produce belonging to small and marginal farmers and their disposal.

Explanation.—In this clause, ‘small farmer’ shall mean a farmer who possesses more than two hectares but less than four hectares if he is a member of any of the Scheduled Tribes, and more than one hectare but less than two hectares in other cases, of land, either as an owner or as a raiyat or as a share-cropper and ‘marginal farmer’ shall mean a farmer who possesses not more than two hectares if he is a member of any of the Scheduled Tribes, and one hectare in other cases, of land, either as an owner or as a raiyat or as a sharecropper;

(iii) taking of Steps to stop distress sale in conjunction with other agencies, State or Central;

(iv) provision for transport and storage facilities;

(v) collection and dissemination of market rules and news;

(vi) grading and standardization of agricultural produce;

(vii) general improvements in me markets or the respective market areas;

(viii) participation in any scheme designed to augment and improve production and betterment of agricultural produce;

(ix) subsidizing the implementation of production oriented schemes such as small irrigation, spraying, drainage, in the hinterland of the markets;

(x) acquisition, establishment or management of the retail markets, periodic hats and fairs located in the market areas;

(xi) maintenance of the office of Board and construction and repair of its office buildings, rest house and staff quarters;

(xii) giving aid to financially weak market committees in the shape of loans and grants;

(xiii) payment of salary, leave allowance, gratuity, compassionate allowance, compensation for injuries or death resulting from accidents while on duty, medical allowance and pension or provident fund to the persons employed by the Board and leave and pension contribution to Government servants on deputation;

(xiv) payment of travelling and other allowances to the members of the Board, its officers and employees;

(xv) carrying out of propaganda, demonstration and publicity in favour of agricultural improvements;

(xvi) meeting any legal expenses incurred by the Board;

(xvii) imparting education in marketing or agriculture;

(xviii) construction of godowns;

(xix) granting of loans and advances to the employees;

(xx) meeting expenses incurred in auditing the accounts of the Board;

(xxi) carrying out, with the previous sanction of the State Government, any other purpose which is calculated to promote the general interest or the Board and the market committee or the national or public interest.

¹⁷⁵ 36-H. Budget.—(1) The Chairman shall, at a special meeting to be held for the purpose before ¹⁷⁶[the fifteenth day of December] in each year, lay before the Board a budget of the Board for the next Market year.

(2) The Board shall, within ¹⁷⁷[the seventh day of January] in each year, consider the budget laid before it and accept it with or without modifications.

(3) Every budget as accepted by the Board shall be immediately submitted to the State Government, and the State Government may, as expeditiously as possible, sanction the budget as accepted by the Board on return it to the Board for making such modifications therein as the State Government may deem fit to specify.

(4) Where a budget is returned to the Board by the State Government for making any modifications therein, the Board shall forthwith make such modifications and submit the budget as so modified to the State Government, and the State Government may, then, as expeditiously as possible, sanction the same.

(5) The Chairman may, at any time during the year for which a budget has been sanctioned by the State Government, lay before the Board a supplementary budget, and the provisions of sub-section (2), sub-section (3) and sub-section (4) shall mutatis mutandis apply to such supplementary budget.

(6) No sum shall be expended by or on behalf of the Board unless the expenditure is covered by a specific provision in the budget sanctioned by the State Government:

Provided that the Board may sanction any re appropriation from one head of expenditure to another or from the provision made for one scheme to the provision made for another, with the previous approval of the State Government.

¹⁷⁸ 36-I. Supersession of the Board.—(1) If at any time the State Government considers it necessary so to do in the public interest, it may, by notification, supersede the Board, the members of which shall forthwith vacate their offices, and proceed to reconstitute it in accordance with the provisions of this Act and appoint a person to perform the functions of the Board until it is so reconstituted.

(2) For the avoidance of doubts it is hereby declared that a notification of supersession under sub-section (1) shall not effect or imply in any way the dissolution of the Board as a body corporate.

¹⁷⁹ 36-J. Furnishing or information by the Board.—The Board shall furnish such information in connection with its duties and functions as the State Government or any officer appointed by the State Government in its behalf may call for.

¹⁸⁰ 36-K. Annual administration report.—At the end of each market year, the Board shall, as soon as may be, submit to the State Government an annual administration report in respect of working of the Board, and the State Government shall, as soon as may be, lay the said report before the State Legislative Assembly.

¹⁸¹ 36-L. Execution or contract.—(1) Every contract required to be entered into by the Board shall be in writing and signed on behalf of the Board by its Chairman and two other members.

(2) No contract other than a contract as provided in sub-section (1) shall be binding on the Board.

¹⁸² 36-M. Recovery of sums due.—Every sum due to the Board under this Act shall be recoverable as an arrear of land revenue under the provisions of the Bengal Public Demands Recovery Act, 1913, (Ben. Act 3 of 1913).

¹⁸³ 36-N. Member, officer and employee of the Board to be public servants.—Every member of me Board and every officer and employee of the Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, (Act 45 of 1860).

¹⁸⁴ 36-O. Bar of suits in absence of notice.—No person shall bring any suit against the Board or against any officer or employee of the Board or any person acting under the orders of the Board for anything done or purporting to have been done in pursuance of this Act without giving to the Board, officer, employee or person two months' previous notice in writing of the intended suit and of the cause thereof, or after the expiry of a period of six months from the date of the act complained of.

¹⁸⁵ 36-P. Power or State Government to hold inquiry.—(1) The State Government, with a view to satisfying itself that the powers and duties of the Board are exercised and performed properly, may, at any time, appoint any person or persons to make inquiries into?11 or any of the activities of the Board in such manner as may be prescribed and to report to the State Government the result of such inquiries.

(2) The Board shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before the person or persons any document or information in the possession of the Board, if such person or persons so demand for the purpose of such inquiries.

## Section 37. Act to override other laws.—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.

## Section 38. Power to make rules.—(1) The State Government may, by notification ¹⁸⁶[* * *], make 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 following matters, namely:—

(a) the manner of controlling, regulating and running a market, settling disputes between buyers and sellers, promoting, granting and standardization of agricultural produce, other duties and functions of the market committee, ¹⁸⁷[the manner of inspection and verification of scales, weights and measures, books of accounts and other documents, and the manner of delegating functions by a market committee in favour of a sub-committee, referred to in clauses (iv), (viii), (ix), (xii) and (xiv) of sub-section (1), and sub-section (2) respectively of Section 12;]

(b) form of application for obtaining a licence and the fee payable for it, form for granting a licence and the terms and conditions subject to which the licence is to be granted, ¹⁸⁸[the manner of showing cause against cancellation of a licence, the manner of appeal, and the fee payable for a duplicate licence and the manner of issuing a duplicate licence, referred to in sub-sections (2), (3), (6), (6A) and (8) respectively of Section 13;]

(c) terms and conditions for the appointment of a Secretary and the payment of leave allowance, pension, gratuity and provident fund to the officers and employees of the market committee referred to in sub-sections (1) and (4) respectively ¹⁸⁹[and the manner and time of appeal referred to in sub-section (5) of Section 14;]

(d) the manner of utilising surplus fund of the market committee referred to in Section 19;

(e) travelling and other allowances of the members of the market committee and the manner of keeping and auditing accounts of the market committee referred to in clause (vii) of sub-section (1), and sub-section (2) of Section 20;

¹⁹⁰(ee) the manner and time of appeal referred to in sub-section (3) of Section 27;

¹⁹¹[* * *]

¹⁹²[* * *]

¹⁹³(h) the number of members necessary to form a quorum referred to in clause (a) of sub-section (4), and the times and places and the rules of procedure in regard to the transaction of business to be observed, referred to in sub-section (5), of Section 36-A;

¹⁹⁴(h1) the terms and conditions of appointment of the Chief Executive Officer referred to in sub-section (1) of Section 36-E;

¹⁹⁵(h2) the manner in which the surplus mentioned in clause (a) of sub-section (2) of Section 36-G shall be utilised and the manner in which the accounts of the Board referred to in clause (b) of sub-section (2) of Section 36-G is to be kept;

¹⁹⁶(h3) the manner in which inquiries into all or any of the activities of the Board shall be made under sub-section (1) of Section 36-P;

(i) any other matter which has to be or may be prescribed.

¹⁹⁷ 38-A. Power to make bye-laws.—(1) Subject in the provisions of this Act and the rules made thereunder, a market committee may make bye-laws for—

(a) the regulation and conduct of its business,

(b) the condition of trading in a market area, or

(2) Any bye-law made by a market committee shall be forwarded by it to the Board for approval. If the Board is satisfied that the proposed bye-law is not contrary to the provisions of this Act or the rules made thereunder, it shall register such bye-law within a period of three months from the date of receipt thereof and forward to the market committee a copy of the bye-law so registered together with a certificate of such registration, and such certificate shall be conclusive evidence that the bye-law has been duly registered.

(3) If it appears to the Board that an amendment of the bye-law forwarded to it by a market committee under sub-section (2) or rescission of an existing bye-law or adoption of a new bye-law is necessary in the interests of such market committee or of persons using the market, the Board may, by an order in writing, direct such market committee to amend such bye-law or to rescind the existing bye-law or to adopt a new bye-law, as the case may be, within such period as may be specified in such order.

(4) If the market committee fails to make any such amendment, rescission or adoption within the period specified in the order referred to in sub-section (3), the Board may, after giving such market committee an opportunity of being heard, register such amendment, rescission or adoption and forward to the market committee a copy of the amendment, rescission or new bye-law so registered together with a certificate of such registration which shall be conclusive evidence that the amendment, rescission or adoption has been duly registered and shall be binding upon the market committee.

## Section 39. Repeal and saving.—(1) The West Bengal Markets Regulation Act, 1970, (Ben. Act 7 of 1970) is hereby repealed.

(2) Any market committee constituted, any rule or notification issued, any order made, anything done or any action taken under the said Act shall be deemed to have been validly constituted, issued, made, done or taken under the corresponding provision of this Act as if this Act were in force on the day on which such market committee was constituted, such rule or notification was issued, such order was made, such thing was done or such action was taken.

¹⁹⁸(3)(a) All properties and assets vested in a market committee constituted under the said Act (hereinafter called the old market committee) and all rights, liabilities and obligations acquired, accrued or incurred by such old market committee before the commencement of this Act shall stand transferred to the corresponding market committee or committees constituted under this Act, and where there are more than one corresponding market committees, such properties, assets, rights, liabilities and obligations of the old market committee shall, by an order, be equitably divided by the Director amongst the corresponding market committees and the properties, assets, rights, liabilities and obligations allotted by the Director to each of such corresponding market committees shall vest in each such corresponding market committee:

Provided that no order under this clause shall be made by the Director without giving each of the corresponding market committees an opportunity of being heard.

(b) An order of the Director made under clause (a) shall be final and shall not be liable to be questioned in any court of law.

(4) All contracts entered into by or on behalf of any market committee constituted under the said Act, before the commencement of this Act shall be deemed to have been entered into by the corresponding market committee ¹⁹⁹[or committees] constituted under this Act.

(5) All legal proceedings or remedies instituted or enforceable by or against any market committee before the commencement of this Act may be continued or enforced, as the case may be, by or against the corresponding market committee ²⁰⁰[or committees] constituted under this Act.

SCHEDULE

[See Section 2(1)(a).]

I.	Cereals	.. (1) Paddy. (2) Rice. (3) Wheat. (4) Maize. (5) Barley. (6) Raoj or Marua. (7) Jowar. (8) Bajra. (9) Cheena. (10) Kodo.
II.	Pulses	.. (1) Gram. (2) Arhar. (3) Masur. (4) Urad or Katai. (5) Khesari. (6) Mung. (7) Dry Peas (Malar or Kerao). (8) Cowpea seed (dry).
III.	Oilseeds	.. (1) Mustard, Rape and Toria. (2) Linseed. (3) Groundnut. (4) Sesamum seed.
IV.	Oils	.. All vegetable oils.
V.	Fruits	.. (1) Mango. (2) Banana. (3) Lichi. (4) Orange. (5) Lemon. (6) Melons. (7) Juckfruics. (8) Blackberry. (9) Guava. (10) Apple. (11) Pineapple.
VI.	Vegetables	.. (1) Potato. (2) Onion. (3) Palwal. (4) Brinjals. (5) Gourd. (6) Bhindi. (7) Pumpkin. (8) Tomato. (9) Cauliflower. (10) Cabbage. (11) Green Peas. (12) Beans. (13) Carrol. (14) Radish. (15) Sweet Potato. (16) Green Chillies.
VII.	Fibres	.. (1) Cotton (Ginned and un-ginned). (2) Jute. (3) Sunnhemp.
VIII.	Animal Husbandry Products.	.. (1) Poultry. (2) Egg. (3) Cattle. (4) Sheep. (5) Goat. (6) Wool. (7) Butter. (8) Ghee. (9) Milk. (10) Hides and Skins. (11) Bones. (12) Fleece. (13) Goal meat and Mutton. (14) Fish.
IX.	Condiments, Spices and others.	.. (1) Turmeric. (2) Chillies. (3) Garlic. (4) Coriander. (5) Ginger. (6) Cardamom and Pepper. (7) Betel leaves. (8) Betel nuts. (9) Cashewnuts. (10) Methi. (11) Zeera.
X.	Grass and Fodder	..
XI.	Narcotics	.. Tobacco.
XII	Miscellaneous	.. (1) Sugarcane. (2) Gur. (3) Sugar. (4) Lac. (5) Oil-cakes.

Company

Product

Get in Touch