Section 36C in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972
36C. Powers and duties of the Board.
(1)Subject to the control of the State Government, the Board shall have the [powers] [Substituted for "power" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 28(a)(i).]-(a)to exercise superintendence and control over the business and affairs of the market committees,(b)to inspect or cause to be inspected the business and affairs of the market Committees including their accounts and the markets established by them,(c)to institute an inquiry into the affairs of any market committee, the inquiring officer having the same power, as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the matters referred to in sub-section (2) of section 24 of this Act,(cc)[ to approve the place or places of transaction in agricultural produce within such distance of a principal market yard or a sub-market yard as may be determined by the market committee,] [Inserted by/bid, section 28(a)(ii).](d)for carrying out the purposes of this Act, to issue directions, from time to time, to the market committees, to be binding upon such committees, and(da)[ to grant or renew, in such manner as may be prescribed, licences to the traders, commission agents, brokers, weigh men, measurers, warehousemen, surveyors and other persons or firms referred to in section 13; [Inserted by West Bengal Act No. 16 of 2017, dated 31.3.2017.](db)to collect market fees in respect of licences having single licence issued by the Board which is valid for more than one market areas, or for sale of agricultural produce in bulk, or for such other transactions under such conditions, as may be prescribed;](e)to do, in relation to, or in connection with, the regulation of marketing of agricultural produce in West Bengal, such other acts as the Board may deem necessary.(2)It shall be the duty of the Board-(a)to supervise, control and co-ordinate the activities of the market committees,(aa)[ to review the requirements of persons using a market and to direct the market committee to provide facilities for the marketing of agricultural produce, [Clauses (aa) and (aaa) Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 28(b).](aaa)to approve the programme drawn up by a market committee for the purpose of providing facilities to persons using the market area,](b)to provide for expert technical assistance or guidance for efficient working of the market committees.(c)for the efficient functioning of the market committees, to arrange for the training of the officers, employees and technical personnel of such committees, and if necessary, to establish under its direct charge and control, for such training purposes, and for affording practical guidance to such committees, a model market in accordance with the provisions of this Act,(d)to educate the public and impress upon them the advantages and merits of patronising the markets established by the market committees,(e)to collect and furnish such statistics and marketing information in relation to or in connection with market committees including the markets established by such committees as may be required by the Board for its efficient and effective functioning under this Act and to publish and disseminate for the benefit of the general public any statistics and marketing information, and such other instructions as may be issued by the Board from time to time,(f)to help the market committees with expert advice and guidance in grading and standardisation of the agricultural produce and to bring about, as far as practicable, uniformity in respect thereof in all the markets established by the market committees in the State,(g)to initiate, from time to time, such other actions as the State Government or the Board may deem necessary to carry out the purposes of this Act.(3)(a)If the State Government considers it necessary so to do, it may, by notification [ xxx ] [The words "in the Official Gazette" omitted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 28(c).], delegate, subject to such restrictions as it may deem fit to impose, to the Board all or any of the powers exercisable by it by or under this Act.(b)While exercising the powers referred to in clause (a), the Board shall be under the control of the State Government.
