Section 38 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

 

Section 38 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

38. Power to make rules

.- (1) The State Government may, by notification [ * * *] [The words "in the Official Gazette" omitted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 30(1).] 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, granding and standardisation of agricultural produce, other duties and functions of the market committee, [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;] [Substituted for "and the manner of delegating functions" by a market committee in favour of a sub-committee, referred to in clauses (iv), (viii), (ix) and (xii) of sub-section (1) and sub-section 2 respectively of section 12; by ibid, section 30(2)(a).]

(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 [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;] [Substituted for "and the manner of showing cause against cancellation a licence, referred to in sub-section (2), (3) and (6) respectively of section 13" by ibid, section 30(2)(b).]

(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 [and the manner and time of appeal referred to in sub-section (5) of section 14;] [Substituted for "of section 14" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 30(2)(e).]

(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;

(ee)[ the manner and time of appeal referred to in sub-section (3) of section 27;] [Inserted by ibid, section 30(2)(d).]

(f)[ xxx ] [Omitted by ibid, section 30(2)(e).]

(g)[ * * *] [Omitted by ibid, section 30(2)(f).]

(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 36A; [Clauses (h) to (h3) Substituted for "clause (h)" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1975, section 10.]

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

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

(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 36P;]

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