THE RICE-MILLING INDUSTRY (REGULATION) (WEST BENGAL SECOND AMENDMENT) ACT, 1974
West Bengal Act 53 of 1974
[12th December, 1974.]
An Act to amend the Rice-Milling Industry (Regulation) Act, 1958, in its application to West Bengal.
Whereas it is expedient to amend the Rice-Milling Industry (Regulation) Act, 1958, (21 of 1958) in its application to West Bengal, for the purpose and in the manner hereinafter appearing ;
It is hereby enacted as follows :-
1. Short title. - This Act may be called the Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Act, 1974.
2. Application of the Act. - The Rice-Milling Industry (Regulation) Act, 1958 (hereinafter referred to as the said Act), shall, in its application to West Bengal, be amended in the manner hereinafter provided.
3. Insertion of new section 6A in Act 21 of 1958. - After section 6 of the said Act, the following section shall be inserted, namely :-
"6A. Licence for husking mill. - (1) Notwithstanding anything to the contrary contained elsewhere in this Act, every owner of a husking mill, whether he holds a licence under this Act or not, shall, within thirty days from the date of coming into force of the Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Ordinance, 1974, or in the case of an owner of a new husking mill, before he starts actual milling operation, make an application to the licensing officer for the grant of a fresh licence for carrying on rice-milling operation in that husking mill:
Provided that the licensing officer may, for good or sufficient reason being shown, extend the time for making such application for a further period of thirty days.
(2) Every application under sub-section (1) shall be made in such form, be accompanied by such fee and shall contain such particulars as may be specified by the State Government by notification in this behalf.
(3) A licence granted by the licensing officer on application made under this section shall be subject to the following conditions, namely :-
(a) that the license shall recover from every customer not less than sixty per cent, of the charges for milling rice, in kind, that is, in rice,
(b) that the licensee shall deliver to the State Government seven tonnes, in the case of a husking mill which is fitted with a No. 2 type huller and in any other case, five tonnes, of rice of fair average quality, within the thirtieth day of April every year, at such price as may be fixed by the State Government under any law for the time being in force, and
(c) such other conditions, if any as the State Government may, by notification, specify.
(4) The form of the licence and the manner in which the licensing officer shall grant the same shall be such as may be specified by the State Government by notification issued in this behalf.
(5) A licence granted to an owner of a husking mill before the coming into force of the Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Ordinance, 1974, shall lapse -
(i) if the owner does not apply for a fresh licence within the time specified under sub-section (1),
(ii) on the issue of a fresh licence by the licensing officer under sub-section (3), or
(iii) if a fresh licence under the provisions of this section is not granted.
(6) Matters which have not been provided for in this section, but which are provided elsewhere in this Act or in the rules framed thereunder shall mutatis mutandis apply to a licence granted under this section.
Explanation. - A "husking mill" is a rice mill which undertakes rice-milling operation on customer's account only."
4. Repeal and savings. - (1) The Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Ordinance, 1974, is hereby repealed.
(2) Anything done or any action taken under the said Act as amended by the Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Ordinance, 1974, shall be deemed to have been validly done or taken under the said Act as amended by this Act as if this Act had commenced on the 31st day of October, 1974. |
