West Bengal State Marketing Board
The West Bengal Agricultural Produce Marketing (Regulation) Rules, 1982

GOVERNMENT OF WEST BENGAL

Department of Agriculture

(M W & C – Branch)

NOTIFICATION

NO.19162 MW&C

Dated, Calcutta the 8 November 1982

In exercise of the power conferred by section 38 of West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (West Ben. Act XXXV of 1972), the Governor is pleased hereby to make the following rules, namely:

CHAPTER I

PRILIMINARY

1. Short title

these rules may be called the West Bengal Agricultural Produce Marketing (Regulation) Rules, 1982.

2. Definitions

(1) In these rules, unless the context otherwise requires, -

(a) “the Act” means the West Bengal Agricultural Marketing (Regulation) Act, 1972 (West Ben. Act XXXV of 1972);

(b) “bye-laws” means the bye-laws made under section 38A;

(c) “Form” means a Form appended to these rules;

(d) “Schedule” means a Schedule appended to these rules;

(e) “Section” or “Sub-section” means a section or sub-section of the Act.

(2) Words and expressions used in these rules but not defined and defined in the Act have the same mining as in the Act.

CHAPTER II

LICENCING

3. Application for licence for purposes other than that of setting up storage / hat / bazaar / mela for renewing licence

Every person desiring or carry on business or act as a trader, commission agent, broker, weighman, measurer, warehouseman or surveyor, or sale or purchase agricultural

produce or engage processing or preservation of agricultural produce shall make an application to the market committee jurisdiction for the grant of a licence under sub-section (1) of section 13 in form 1 and for renewal thereof under sub-section (4) section 13 in form 3:

Provided that an application for renewal of a licence shall be made at least thirty days before the expiry of the licence.

4. Application for licence for setting up storage/hat/bazaar/mela or renewal of/licence

Every person desiring to set up, establish or continue a place for storage, sale or purchase of any agricultural produce within a market area shall make an application to the market committee having jurisdiction over the market area for the grant of a licence under sub-section (1) of section 13 in Form 2 and for renewal thereof under sub-section (4) of section 13 in Form 3:

Provided that an application for the renewal of a licence shall be made at least thirty days before the expiry of the licence.

5. Fee for applying for grant or renewal licence

(1) (a) Every application for the grant of a licence under rule 3 or rule 4, shall be accompanied by the fee as may be applicable as specified in column (2) of schedule A.

(b) Every application for renewal of licence under rule 3 or rule 4, shall be accompanied by such fee as may be determined by the market committee from time to time subject to the limit specified in sub-section (4) of section 13:

Provided that a person desiring to take a licence for a specified period exceeding six months shall be charged such amount of reduced fee as may be determined by the market committee from time to time.

Provided further that if any question arises as to whether a person belongs to one or the other of the categories mentioned in column (1) of schedule A the decision of the Chairman the market committee on such question shall be final.

(3) Where a market committee has not determined any rate of fee under clause (b) or sub-rule (1), the fee specified in column (2) of scheduled A shall apply.

6. Grant or renewal of licence

(1) On receipt of an application under rule 3 together with the fee prescribed in clause (a) of sub-rule (1) of rule 5 or the fee fixed by the market committee, as the case may be, the market committee may, after making such enquiries as it may consider necessary and after satisfying itself as to the capacity and the conduct of the applicant and in case of renewal, the past performance of the applicant as a licensee, grant the applicant a licence or renew the licence, as the case may be, in form 4:

(2) On receipt of an application under rule 4 together with the fee prescribed in clause (a) of sub-rule (1) of rule 5 or the fee fixed by the market committee, as the case may be, the market committee, may grant or renew the licence in form 5, if:

(a) it is satisfied that the applicant is solvent and a desirable person to whom licence may be granted or renewed:

(b) cash security or Bank’s guarantee if so required is given:

(c) it is satisfied that there is need to establish or set up or continue the storage or hat or bazar or mela or other place for storage, sale or purchase of agricultural produce, and that the applicant has provided necessary facilities and amenities in the place for its use as a storage, or hat or bazar or mela.

7. Terms and conditions of licence

(1) A licence granted or renewed under sub-rule (1) 6 shall be subject to the following terms and conditions, namely,-

(a) the licensee shall abide by the provisions to the Act and the rules, and the buy-laws made by the market committee, and the directions issued by the market committee, for the purpose of carrying out the provisions of the Act and the rules made thereunder,

(b) the licence shall be valid for one year or such lesser period as the market committee may determine, and shall expire unless it is renewed,

(c) the licence may, at the discretion of the market committee, be renewed for one year or such lesser period as the market committee may determine,

(d) the licence shall be valid for the person in whose name it is issued and shall not be transferred,

(e) the licence shall carry on business in such capacity only and at such place for which the licence is issued and shall not carry on any other business at such place or places or the same business in any other place in the concerned market area,

(f) the licensee shall not adulterate or cause any agricultural produce to be adulterate,

(g) the licensee shall provide for standard weights and measures, and shall conduct his business honestly according to the principles of fear dealing,

(h) the licensee shall help the market committee in preventing evasion of market fees, shall not permit evasion or infringement of any provision of the Act, the rules and bye-laws and shall report to the market committee such evasion or infringement taking place with his knowledge,

(i) the licensee shall not engage the services of any assistant other than those mentioned in the licence, in connection with the business for which the licence is taken and shall not boycott or encourage boycotting of any other licensee,

(j) all acts of assistants or agents engaged by the licensee shall be deemed to be the acts done on behalf of the licensee with his express or implied permission,

(k) the licensee shall maintain books, registers and records in manner required by the market committee and shall furnish such information and returns to the market committee as may be required by it from time to time,

(l) the licensee shall render all reasonable facilities for inspection, verification and checking of weights and measured and books of accounts, registers and records, maintained by him, by the market committee or its Secretary or any officer duty authorised on that behalf by him,

(m) the licensee shall properly inspect the produce before taking delivery, get it weighed and measured and shall not repudiate any deal once made on any account latter on,

(n) the licensee shall not solicit or receive any fee or recover any charge other than those he is entitled to receive or recover in accordance with the provisions of the Act and the rules and the bye-laws made thereunder,

(o) the licensee shall not make or recover any trade allowance,

(p) the licensee shall settle all transactions in cash, unless he has deposited with the market committee a cash security or bank guaranty and taken permission for credit transaction and shall submit all his dispute to the market committee for conciliation,

(q) the licensee shall not accept any employment with any other licensee,

(r) the licensee shall keep his place of business neat, clean and accessible to the satisfaction of the market committee, and shall not indulge in activities and transaction detrimental to the trade and proper functioning of the market,

(s) the licensee, if he is a company or a firm shall inform the market committee of any change in the partnership / board of directors,

(t) the licensee shall be able to be suspended or cancelled in accordance with the provisions of the Act and the rules made thereunder,

(u) in the event of suspension or cancellation of the licence, the licensee shall surrender if forthwith to the market committee,

(v) the licensee shall not cancel or discontinue business except after giving to the market committee one month’s notice of his intension of doing so and shall surrender his licence immediately so such suspension or discontinuation of business,

(w) the licensee, if a broker, shall furnish to the market committee weekly report showing the quantity of agricultural produce purchased or sold by each trader though his mediation of shall not act as a broker or more than one partly in a transaction,

(x) the licensee, if a surveyor, measurer or weighman, shall survey, measure and weigh agricultural produce in the presence of the owner, trader or commission agent and correctly record the report of the measure or weighment in the weighment report or slip and get it endorsed by the buyer and seller, shall not take up any service under any trader, buyer or commission agent and shall only use standard and authorised scales and weights and measures.

(2) A licence granted or renewed under sub-rule (2) of rule 6 shall be subject to the terms and conditions mentioned in clauses (a) to (v) of sub-rule (1) and also to the terms and conditions:

(i) the licensee or his agent shall comply with all orders issued by the market

committee for the regulation of the storage/hat/bazaar/mela in accordance with the provisions of the Act and the rules and buy-laws made thereunder,

(ii) the licence shall assist the market committee in collecting market fee from the storage/hat/bazaar/mela,

(iii) the licensee or his agent shall render all facilities and assistance to the market committee, its members, officers or employees to enter the storage/hat/bazaar/ mela or ant premises therein at any time for carrying out the provision of the Act and the rules and bye-laws made thereunder,

(iv) the licensee or his agent shall not collect from the storage/hat/bazaar/mela ground rent in excess of the schedule of rates or rent approved by the market committee and shall not collect or realise any other fee, charge, levy, toll or any other amount in addition to the said rates,

(v) the licensee shall cause the schedule of referred to in clause (iv) to be prominently exhibited in two conspicuous places of the storage/hat/bazaar/mela,

(vi) the licensee or his agent shall grant correct receipt to all person for ground rent collected from them and shall maintain correct accounts of all collections made by him and shall produce the same for inspection whenever called upon to do so by the Secretary of the market committee or any other officer deputed for that purpose,

(vii) the licensee shall be responsible for the proper maintenance and sanitation of the storage/hat/bazaar/mela and shall keep the place clean and in good state and free from all filthy in sanitary material and shall provide of such amenities as drinking water, parking place, drainage, sheds, platforms, culverts, etc. as the market committee may direct,

(viii) the licensee shall render necessary co-operation and assistance to the market committee in the matter of carrying out the provision of the Act in respect of the of the storage/hat/bazaar/mela, particularly in the matter of provision of facilities as required by sub-section (1A) of section 20 and shall not cause any obstruction to or interference with the provision of such facilities and shall allow use of necessary land for that purpose,

(ix) the licensee or his agent shall not allow to operate in the of the storage/hat/bazaar/ mela any functionary who dose not have a valid licence from the market committee,

(x) the licensee shall operate the storage/hat/bazaar/mela within the boundaries specified in the licence and on such days and time as the market committee may determine,

(xi) the licensee shall not assign or underlet his interest in the storage/hat/bazaar/mela to any person without the previous permission of the market committee,

(xii) the licensee shall stand automatically revoked and terminated on the issue of a notification by the State Government under sub-section (2) of section 4 of the Act, if the storage/hat/bazaar/mela falls within the area in respect of which such notification has been issued.

8. Licence Register

The Market committee shall cause a licence register to be maintained in form 6.

9. Cancellation or suspension of licence

(1) Whenever a market committee proposes to cancel or suspend a licence under sub-section (6) of section 13, its secretary shall cause a notice to be served upon the licensee either though messenger with proper receipt or by registered post stating therein the grounds of the proposed cancellation or suspension and directing him to show cause, if any, within fifteen days from the date of service of the notice, as to why the licence should not be cancelled or suspended.

(2) On the expiry of stipulated period the Secretary shall place the matter along with the explanation, if any, received from the licensee, before the market committee for consideration.

(3) On consideration of the explanation, if any and on making enquiry, if any, the market committee may issue such order as it deems fit under sub-section (6) of section 13.

10. Appeal against cancellation or suspension of licence.

Any person aggrieved by an order of the market committee canceling or suspending licence under sub-section (6) of section 13 may appeal to the Deputy Director or superintendent of Agricultural (Marketing), having jurisdiction over the area:

Provided that such jurisdiction shall be made within fifteen days from the date of communication of the order or cancellation or suspension.

11. Issue of duplicate licence

(1) An application referred to in sub-section (8) of section 13 for issue of a duplicate licence shall be accompanied by a fee of (i) ten rupees in case of traders, commission agents, persons engaged in processing and preservation of agricultural produce, (ii) five rupees in a case, of broker, warehouseman or surveyor, (iii) two rupees in case of weighman and measurer and sellers and producers of Agricultural produce, and (iv) fifteen rupees for persons setting up, establishing or continuing a place for storage, sale or purchase of any agricultural produce.

(2) A licence, which is torn, defaced or otherwise rendered illegible, shall be surrendered by the applicant along with the application for the issue of a duplicate licence under this rule.

(3) Immediately on receipt of the application, the Secretary shall, after satisfying himself about the genuineness of the case and that the conditions of sub-rule (1) or (2), as the case may have been met by the applicant, issue a duplicate licence.

(4) Every duplicate licence so issued shall bear in its face the number and date of the original licence of which it is the duplicate and shall be stamped “Duplicate”.