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

 

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

38A. [ Power to make bye-laws.- (1) Subject to 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(c)any other matter for carrying out the purposes of this Act.

(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.] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 31.]