Section 13 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972
13. Licence.
(1)After six months from the declaration of any area as a market area, no person shall, within the [market area] [Substituted for "market proper" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1977, section 4(a).], carry on business or act as a trader, commission agent, broker, weighman, measurer, warehouseman or surveyor. or sell or purchase agricultural produce, or engage in [processing or preservation] [Substituted for "processing and preservation" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 11(a)(i).] of agricultural produce, or set up, establish or continue a [place] [Substituted for "shall, shed or other structure" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 9(a).] for storage, sale or purchase of any agricultural produce, except, under and in accordance with the prescribed terms and conditions of a [licence valid for single market area issued by the market committee, or single licence valid for more than one market areas issued by the Board] [Substituted 'licence issued in this behalf by the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] [notwithstanding anything contained in any other law for the time being in force and] [Inserted by ibid, section 9(b).] [irrespective of any licence required and issued under any law for the time being in force] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 11(a)(11).] :[Provided that nothing in this sub-section shall apply to any sale by a producer of his own produce, to retail sale and to purchase by an individual for his own consumption.] [Proviso added by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 9(c).](2)Any person desiring to obtain a licence under sub-section (1) may make an application to [the market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] in such form and on payment of such fee not exceeding rupees two hundred, as may be prescribed.(3)On receipt of an application under sub-section (2), [the market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] may issue the licence in such form, subject to such terms and conditions and for such period as may be prescribed.(4)Any licence issued under sub-section (3) may be renewed for such period as may be prescribed, by [the market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] from time to time on application made in this behalf by licensee and on payment of a fee equal to the fee payable for the issue of the licence in the first instance [on payment of such fee not exceeding] [Substituted for "on payment of a fee equal to the fee payable for the issue of the licence for the first instance" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1977, section 4(b).] [rupees one thousand as the market committee, or the Board, as the case may be, may fix.] [Substituted 'rupees two hundred as the market committee may fix' by West Bengal Act No. 16 of 2017, dated 31.3.2017.](5)[The market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] may refuse to issue or renew any, licence under this section in favour of any person if it is satisfied that such person has previously been convicted by a court of law for an offence punishable under this Act.(6)[The market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] may, after giving the holder of a licence under this section an opportunity of showing cause in such manner as may be prescribed, cancel his licence or suspend it for such period as it thinks fit for any breach of the terms and conditions of the licence or for any contravention of the provisions of this Act.(6A)[ When a licence is cancelled or suspended under sub-section (6), the licensee may appeal, in such manner as may be prescribed, [to an officer of the State Government] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 11(b).] having jurisdiction over the area, as may be specified by the State Government by an order issued in this behalf, and the decision of such officer shall be final.](7)Where a licence is cancelled or suspended under sub-section (6), the licensee shall not be entitled to any compensation therefor, nor shall he be entitled to the refund of any fee paid by him for the licence.(8)[ When a licence is lost, destroyed, torn or defaced, [the market committee, or the Board, as the case may be] [Inserted by West Bengal Agriculture Produce Marketing (Regulation)(Amendment) act, 1978 section 11(c).] shall, on application made in this behalf by the licensee, and on payment of such fee as may be prescribed, issue a duplicate licence in the manner prescribed.]
