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State of West Bengal - Section

Section 3 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

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)On the publication of such notification under sub-section (1), or with effect from such later date as may be specified therein, no local authority or other person shall, notwithstanding anything to the contrary contained in any law for the time being in force, within the market area, or within such distance thereof as may be [declared by notification] [Substituted for "notified in the Official Gazette" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 3(a).] in this behalf, set up, establish or continue or allow to be set up, established or continued any place for the purchase or sale of such agricultural produce as has been specified in the notification under sub-section (1), except in accordance with the provisions of this Act and the rules made thereunder.[ * * *] [Explanation omitted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 3(a).]
(3)The State Government may, by notification, include or exclude any area in or from a market area, as the case may be, or include or exclude any agricultural produce in or from the list of agricultural produce.
(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 market 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.][Firstly substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 3(b). Thereafter again substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 3(b).]