West Bengal Anti-Profiteering Act, 1958
No: 24 Dated: Jan, 26 1959
THE WEST BENCAL ANTI-PROFITEERING ACT, 1958
West Bengal Act XXIV of 1958
An Act to preent profiteering in certain articles in daily use.
Whereas it is expedient in the public intdrest to prevent profiteering in certain articles in daily use;
It is hereby enacted as follows:-
1. Short title and extent. - (1) This Act may be called the West Bengal Anti-profiteering Act, 1958.
(2) It extends to the whole of West Bengal.
2. Definitions. - In this Act, unless there is anything repugnant in 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;
(c) "producer" means a person engaged in the production, 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;
(e) "retailer" means a person who sells any scheduled article to a consumer not baing a dealer;
(f) "scheduled article" means an article specified in the First Schedule; and
(g) "wholesealer" means a dealer who sells any scheduled article to any other dealer, and includes a broker, commission agent or any other agent having authority to sell any scheduled article belonging to his principal.
3. Fixation of maximum and minimum prices of rates for scheduled articles. - (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.
4. Offence of profiteering. - Any dealer who, prifiteers in any scheduled article shall be punishable wth rigorous imprisonment which may extend to two years with fine or with both, and [the entire stock of 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.