GOVERNMENT OF WEST BENCAL
LAW DEPARTMENT
Legislative
' West Bengal Act XXIV of 1958
THE WEST BENCAL ANTI-PROFITEERING ACT, 1958.
[Paned by the West Bengal Legislature.] [Assent of the President was first published in the Coke/Pm:Gazette, Extraordinary, of the 46th January, 1969.]
[26th January, 1959.]
An Act to prevent profiteering in certain articles in daily use. WHEREAS it is expedient in the public interest to prevent profiteering in certain articles in daily use; It is hereby enacted in the Ninth Year of the Republic of India, by the Legislature of West Bengal, as follows :-
1. (1) This Act may be called the West Bengal Anti- Short tide profiteering Act, 1958. and extent. 4"
• (2) It extends to the whole of West Bengal.
2. In this Act, unless there is anything repugnant in Death. the subject or context,—
(a) "dealer" means any person carrying on the business of selling any scheduled article, and includes a producer, importer, wholesaler or retailer;
(b) "importer" means any person who brings any scheduled article into the State of West Bengal from any place outside the State for the purpose of sale in the State;
(o) "producer" means a person engaged in the produc- tion, manufacture or processing of any scheduled article;
(d) "profiteering", with its grammatical variations and cognate expressions, means the sale by a dealer of any scheduled article at a price or rate higher than that fixed under section 3;
(g) "retailer" means a person who sells any scheduled article to a consumer not being a dealer;
(f) "scheduled article" means an article specified in the First Schedule; and
*price—Indian, 12 ne.;-Enfklish,
1
Fixation of maxi- mum and minimum prices or rates for scheduled articles. 2 The West Bengal Anti-profiteering Act, 1958.
[West Ben. Act
(Section& 3—C.)
(g) "wholesaler" means a dealer who sells any scheduled article to any other dealer, and includes a broker, commission agent or any other agent haying authority to sell any scheduled article belonging to his principal.
3. (1) The State Government may, by order notified in the Official Gazette, fix in respect of any scheduled article the maximum price or rate which may be charged by a dealer or the minimum price which is to be paid by a purchaser.
(2) Any order made under sub-section (1) may fix the maximum prices or rates or the minimum price to be paid by the purchaser for the same description of scheduled articles differently in different localities or for different classes of dealers.
Offence of 4. Any dealer who profiteers in any scheduled article shall be punishable with rigorous imprisonment which may extend to two years or with fine or with both, and any scheduled article in respect of which the offence has been committed or such part thereof as to the court may seem fit shall be forfeited to the Government.
profiteer-
Ofience of
refusalto
sell and
purohas-
ing at
priceless
than the
minimum.
5. (1) Any dealer who, without reasonable excuse,—
(a) refuses to sell any scheduled article, or
(b) refuses to sell any scheduled article at the price or rate fixed in respect thereof under section 3, shall be punishable with rigorous imprisonment which may extend to two years or with fine or with both. Explanation.—The possibility or expectation of obtaining a higher price for a scheduled article at a later date shall not be deemed to be a reasonable excuse for the purposes of this section.
(2) Any purchaser who purchases any scheduled article at any price less than the minimum price fixed therefor under section 3 shall be punishable with rigorous imprison- ment which may extend to two years or with fine or with both.
Dealer to
submit
returns,
maintain
amounts,
o furnish
'firforma-
ton, etc'
6. (1) Every dealer shall on requisition by an officer duly authorised in this behalf by the State Government by order notified in the Official Gazette, submit to him in the form specified in the Second Schedule by such date and relat- ing to such period as may be mentioned in the requisition, returns of stooks of any scheduled article acquired, held or sold by him
2
The West Bengal Anti -profiteering Act, 1958. 'XXIV of 958.]
(Sections 7-9.)
(2) Every dealer, unless exempted by an order made in this behalf, shall—
(a) keep in the form specified in the Third Schedule a true account of any scheduled article acquired, held or sold by him after the commencement of this Act;
'6'1 display in his place of business in a prominent manner so as to be open to public view, a list of those scheduled articles intended for sale the prices or rates of which have been fixed under section 3 in respect of such dealer, with the prices or rates, so fixed in respect thereof;
(o) furnish to any officer referred to in sub-section (1), or any police officer referred to in sub-section (2) of section 9, any information in respect of the acquisi- tion or sale by him of any scheduled article mentioned in clause (b);
(d) make available to any officer mentioned in clause (c) for his inspection such accounts, registers, vouchers or other documents relating to the import, production, purchase or sale of any scheduled article mentioned in clause (b) or matters connected therewith as may be required by him
7. When any police officer not below the rank of a Sub- Power to Inspector of Police has reasonable grounds for believing that search and there has been a contravention of any of the provisions of "I"- this Act, such -officer may, after recording in writing the grounds of his belief, at all reasonable hours enter and search any place where a dealer keeps, or is for the time being keeping, any scheduled article, accounts, registers, vouchers or other documents referred to in, clause (d) of sub-section
(2) of section 6 and if necessary inspect, seize or retain all or any of them for so long as they may be required for any investigation into any offence under this Act.
8. Any dealer who fails to comply with any of the pro- Penalty visions of section 6 or with a requisition issued thereunder for contra.. or obstructs any officer in the exercise of his powers under "fietffill:f section 7 shall be punishable with rigorous imprisonment seo .;,..,,m11.0",, which may extend to six months or with fine or with both. 7.
9. (1) All offences punishable under this Act shall be cognizance cognizable. of offences
and arrest (2) Any police officer not below the rank of a Sub-Inspec- without for of Police may arrest without warrant any person against warrant' whom a reasonable complaint has been made or credible
information has been received of his having been concerned in any of the offences punishable under this Act.
3
4 The West Bengal Anti-profiteering Act, 1958. West Beg. Act
(Sections 10-13 and the First Schedule.) Indemnity. 10. No suit, prosecution or other legal proceedins shall lie against any public servant for anything which is in good faith done or intended to be done under this Act or any order made thereunder
Power to 11. The State Government may, with the previous add to the approval of the Central Government, by order notified in First the Official Gazette, add to the First Schedule any other Schedule. article of daily use, and thereupon that Schedule shall be deemed to be amended accordingly and the article so added shall be deemed to be a scheduled article within the meaning of this Act.
12. If any order controlling the price of any essential commodity within the meaning of the Essential Commodities X of IOW Act, 1955 has been made before the commencement of this Act or is made after such commencement and such essential commodity is a scheduled article within the meaning of this Act and the order so made extends to the State of West Bengal or any part thereof, that order shall have effect in the State or part thereof, as the case may be, notwithstanding anything inconsistent therewith contained in this Act or any order made thereunder.
13. (1) The West Bengal Anti-profiteering Ordinance, West Ben 1958 is hereby repealed. Ord. IX of 1B58.
(2) Anything done or any action taken under the West Bengal Anti-profiteering Ordinance, 1958 shall be deemed to have been done or taken under this Act as if this Act had commenced on the 22nd day of October, 1958.
FIRST SCHEDULE.
[See section 2(f) and section 11.]
(1) Rice and rice in the husk.
(2) Wheat and wheat prodUcts.
(3) Pulses.
(4) Spices.
(5) Edible oil.
(6) Sugar.
(7) Baby food.
(8) Paper.
(9) Drugs and medicine.
(10) Skimmed milk powder.
(11) Kerosene. Effect of
orders in. consistent with the
Essential
Commodi-
ties Act,
1955, or
orders
to
under.
Repeal
and
Baling&
4
2'he Wert Rouyn( An afiteerng Act. 1958
XXIV Of! 955.]
( The Second and the Third Schedules.;
SECOND SCHEDULE.
[See section 6(1).]
Form of Return of Stocks for the period from
Name of dealer whether producer, importer, wholesaler or retailer. Address of place of bulginess Description
of scheduled
article.
Stooks held at
the beginning
of the period.
Stocks subse-
quently
acquired with
date and price
of acquisition
and names
and addresses
of persons
from whom
acquired.
Stocks sold
during the
period together
with the date
of sale, the sale
price and the
names and ad-
dresses of
persons to
whom sold
(except in the
ease of sale by
retailers).
4
Stocks held at the end of the period (except in the case of retailers).
5
THIRD SCHEDULE.
[See section 6(2)(a).]
Form of Account of Stocks.
Name of dealer whether producer. importer, wholesaler or retailer. Address of place of business Description of
scheduled
article.
Stocks held
when Act
comes into
force.
Stooks subse•
quently aoquirtd
with date and
price of acquisi•
bon and names
and addresses
of persons from
whom acquired.
Stocks sold together
with the date of
sale, the sale price
and the names and
addresses of persons
to whom sold (except
in the case of sale
by retailers).
Stooks held at
the end of each
day (except in
the case of re-
tailers).
2
3
4
6
WBGP.55/00434441.5M
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