Section 13 in West Bengal Agricultural Produce Marketing (Regulation) Rules, 1982
13. Marketing of Agricultural produce in a market area
. (1) All kinds of agricultural produce brought into or produced or processed in the market area except such quantity for retail sale shall be sold on the principal market yard or sub-market yard or yards, as the case may be, and not at any other place within the market area and the sale and purchase of such agricultural produce in such yards shall be made by open auction or by tender system or by sample or by open agreement as may be permitted by the market committee. The seller shall have the option to accept or reject any bid offered at the open auction or, as the case may be, any price offered at the negotiation of sale made in any other way permitted by the market committee :Provided that the market committee may, for special reasons, allow purchase and sale of agricultural produce referred to in this sub-rule at any premises or place outside the principal market yard or sub-market yard or yards but within the market area, such premises or place being mentioned by the market committee in the licence granted to the market functionary.(2)Details of agricultural produce to be sold or resold in the market area shall be reported by the sellers or the buyers, as the case may be, before sale or resale, to the market committee in such manner as the market committee may require.(3)The prices of agricultural produce shall not be settled in the market area by secret signs or secret bid and, subject to the provisions of section 33, no deductions shall be made from the agreed price of the agricultural produce concerned on any account either by adjusting the price or weight or measure or otherwise.(4)All price quotations given or offered in the market area by a trader, commission agent or broker shall be deemed to be for the agricultural produce only and shall not be deemed to include price for the articles used as containers thereof or other charges, unless the contrary is specifically stated in the quotation.(5)The units of price quotation in every market area shall be in standard weight and standard measure.(6)In the market area the same person shall not act as a broker both for the buyer and the seller of an agricultural produce in the same transaction.(7)No weights, measures and weighing instruments or measuring instruments other than the standard ones shall be used in any transaction in the market area.(8)The trader and commission agent and if a commission agent is not employed, the purchaser shall make arrangements for immediate weighment or measurement of the agricultural produce brought into the market area for marketing or storing therein.(9)Immediately after any agricultural produce is weighed or measured the purchaser shall settle the account and pay the seller or his commission agent, as the case may be, for the sale of the produce so weighted or measured, on the same day, and the commission agent shall pay the seller, for the produce sold, on the same day.(10)In a market area, no person shall, in the absence of an express agreement, be compelled to employ a broker or a commission agent when none is so employed.(11)Hours of business in the market area shall be such:as may be determined by the market committee.(12)The charges payable to commission agents, brokerS, weighmen, measurers, warehousemen or surveyors for their service to the seller or buyers may from time to time be fixed by the market committee with prior approval of the Board.
