Published in the Extra-ordinary Rajpatra of Himachal Pradesh Govt: dated 23.5.1981

1 · Short title , extent and commencement

2 · Definition - In this order; unless the context otherwise requires,

3 · Licensing of Dealers No dealer shall, after the commencement of this order; carry on business of purchase, sale or storage for sale of any of the trade article mentioned in Schedule I except under and in accordance with the terms and conditions of a licence issued in this behalf by the Licensing Authority under the provis_ ions of this order;

5 · Rene wal of lice nse;- (1) An application for renewal of licence in Form B' shall be made alngwith the fee determined under clause 6 to the Licensing Authority before the expiry of the license; Provided that Licensing Authority may entertain an application upto 3list March; upon the payment of late fee as specified below

2 · The licensee may renew the licence for a period upto 3 years at a time on deposit of the prescribed fee or the relevant years.

6 · Fee chargeable,- (1) The fee chargeable in respect f the issue of a licence, renewal and issue of a duplicate licence shall be as under:- a for issue of a licence Rs 15. for renewal of a licence Rs. 10 for issue of duplicate licence; Rs. 20

7 · _ Deposit of securitys- Every dealer applying for a licence shall, before such licence issued to him deposit the security with the Licensing Authority the sum specified in Schedule-I i cash or in any other manner aS may be specified by the Licensing Authority subject to any directions issued in this behalf by the State Government for the due performance of he term and conditions of the licence issued to him:

8 · Power to refuse licence;- (1) The Licensing Authority may, after giving the person affected an opportunity of being heard, and for reasons to be accorded by him in writing refuse to grant Or Ienew a license.

9 · Addition and alte ration to licence , The Licensing Authority may make addition deletions and alterations in the entries made i the licence relating to godown, place of business name of partners 0 the application of the licensee.

10 · Contravention of conditions of licence, No holder of licence issued under this order or his agent o any other person acting on his behalf shall contravene any of the terms and conditions of the licence.

1 · Suspension and cancellation of licence,- (1) If any licensee or his agent O servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken against him under the Essential Commodities Act,1955 (Central Act 10 of 1955) his licence may be cancelled or suspended with regard to one or more trade articles by an order in writing of the Licensing Authority and entry will be made in his licence relating to such suspension Or cancellation.

12 · Disposal of trade articles when licence is suspended or cancelled, When a licence issued under this Order is cancelled or suspended the stocks of trade articles available with the dealer at the time of such cancellation or suspension, shall be disposed of by him within 15 days from the date of receipt of the Order of cancellation O suspension.

13 · Consequences of conviction - Where is licensee has been convicted by a Court of Law for he contravention of any Order made under section 3 of the Essential Commodities Act; 1955 (Central Act 10 of 1955) the Licensing Authority shall, by order in writing cancel his licence after decision of first appeal if preferred or after the expiry of period of limitation.

14 · Forfeiture of securitys- (1) Without prejudice to the provisions of clause II, if the Licensing Authority is satisfied that the licence has contravened any of the terms and conditions of the licence and that a forfeiture of security deposit is called for, it may, after giving the licence a reasonable opportunity of stating his case, by order, forfeit the whole O any part of the security deposited by him and communicate a copy of the order to the licensee.

15 · The licensee shall not either by himself or by any persons on his behalf store or have in possession at any time any trade article mentored in Schedule 1 in quantity exceeding the limits fixed: under an Order issued by the Central Government, or by the State Government with prior concurrence of the Central Government by issuing a Notification in Officia] Gazette.

16 · Returns,- Every licensee shall furnish a return in form D to the Licensing Authority o any other officer authorized by the Licensing Authority and in such manner or for such period as may be specified by the Licensing Authority from time to time;

17 · Power to call information Issue directions,- Every licensee shall, when So required by general o special direction of Licensing Authority, furnish truthfully and to the best of his knowledge such particulars or information relating to any trade article, as may be required The Licensing Authority may issue directions to any licensee with regard to purchase, sale, disposal and storage of all or any of the trade articles.

18 · Power to amend schedules, The State Government may, by an order notified in the Official Gazette, add to or omit from the Schedules, any trade article and there upon the Schedules shall be deemed to have been amended accordingly.

19 · The Director shall have all the powers of the Licensing Authority in addition to the power specified in this order.

20 · Appeal; (1) Any person aggrieved by an order; made by the Licensing Authority may appeal within 30 days from the receipt of the order to;

22 · Revision;- The Director, Suo-moto O 0n an application, may call for the record of any case, decided by the Licensing Authority under the provisions of this order and if he is satisfied that the Licensing Authority: a) Has exercised a jurisdiction not vested in it or b) Has exercised the jurisdiction vested in it, with material irregularity, O1 c)Has improperly failed to exercise the jurisdiction vested in it, he may pass such order as he thinks fit:

23 · Power ofentry; search and seizure etc,- (1) The Licensing Authority O any other officer not below the rank of Sub-Inspector authorized by the State Government in this behalf, within his jurisdiction, may with a view to securing the compliance of this order O to satisfy himself that this order has been complied with, such assistance, if any, as e thinks fit-

2 · The provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall so far as may be, apply to searches and seizures under this clause_

24 · Exemption;- (1) The State Government may by general or special order and subject to such conditions o restrictions as may be specified in such order, exempt any person Or class of persons o firm Or association of persons Or any Co-operative Society from the operation of all o any of the provisions of this order and may at any time suspend or rescind such exemption.

25 · Repeal and Savings,- (1) From the date of commencement of this order; the orders mentioned in Schedule III shall stand repealed and the provisions of this order shall have effect notwithstanding anything to the contrary contained in the orders repeated by this sub-clause.

1 · Pulses (whole o Split). (Upto 30-9-2015 or till any order issued by the GOI) PART-SC (OIL SEEDS)

1 · Edible Oil Seeds. (Upto 30-9-2015 or till any order issued by the GOI)

1 · Edible Oils.

1 · Sugar (Omitted) 2 Iodized Salt: 3 Onion (upto 2-7-2015) Potato(upto 2-7-2015)

1 · For those Licensees who deal in all the trade articls included in Schedule Ior more than one part of trade of Schedule 1.

3 · For those who deal in trade articles mentioned in Part B, C, Dof Schedule-1:

4 · For those who deal in articles included in part Eof Schedule-I:

1 · Applicant particulars . Name. Age .

5 · . Name of partners, if any of the Firm 1) Shri S/O Age _ Caste . Shri S/O Age . Caste _ (3 Shri . ./O_ ~Age. Caste .

7 · . Did the applicant previously hold a Licence of the trade articles for which License has now been applied for? If s0, give details:

10 · Particulars regarding stocks of trade articles in possession on the date of application

11 · Complete address (with house No._ Mohalla etc. of godowns 0 place where trade articles for which licence has been applied will be stored:-

2 · 3

12 · Has the applicant ever been convicted by a Court of Law for contravention of any order issued under Essential Commodities Act; 1955 during last 3 years?

13 · Particulars of suspension or cancellation of the licence held by the applicant during last 3 years?

14 · Whether the applicant was declared or adjudged as an insolvent by a Court ?

15 · Whether the applicant is a lunatic or have unsound mind

1 · hereby apply for renewal of my Licence No.

1 · Date on which the licence expires. 2. Name in which the licence stands. 3 For how many years the renewal is desired:

2 · 3

3 · (a) The Licensee shall maintain a stock register of daily account in Form E for the trade articles mentioned in Schedule-1 showing correctly:

4 · The licensee shall not contravene the provisions of this Order Or any other law relting to essential commodities for the time being in force.

5 · The Licensee shall not; (d) enter into any transaction involving purchases, sale O storage for sal of trade articles in a speculative manner prejudicial to the maintenance and easy availability of their supp lies in the market: Speculative manners includes stock held without proper vouchers of purchase O sale; 11) sell or offer to sell any trade article at a price higher than that specified OT fixed in respect of such article under any law for the time being in force;

7 · . The Licensee shall issue to every customer of such trade articles a cash memo or invoice as the case may be, giving his own name and Licence No Name, Address, Licence number (if any) of the customer; the date of transaction the quantity sold and the price char_ ged. He shall keep a duplicate of the same to be available for inspection 0n demand by the Licensing Authority O any other officer authorized in this behalf;

8 · The Licensee shall furnish correctly such information relating to the business as may be demanded from him and shall carry out such instructions aS may; from time to time, be given by the Licensing Authority

9 · The Licensee shall give all facilities at all reasonable times to the inspecting authority for the inspection of his stocks and accounts at any shop, godowns O other places used by him for the storage, sale or purchase and for the taking of samples of the trade articles mentioned in Schedule-1 Or.

10 · The licensee shall comply with any direction that may be given to him by the State Government or the Director or the Licensing Authority with regard to the purchase, sale and storage for sale, of these trade articles and in rez gard to the Janguage in which the registers, returns, receipts or invoice shall be written and in regard to the authentication and mintenance of the register mentioned in Paragraphs 3 above.

11 · The licensee shall, in case when he functions in regulated marketing abide by such instructions relating to his business aS are given by the marketing authority having jurisdiction; and in any other case by such body as may be recognized by the State Government in this behalf:

12 · Every licensee shall take adequate measures to ensure that trade articles stored by him are maintained in proper condition and that damages to these articles due to ground moisture, rains, insects, rodents, birds, fire and such other causes are avoided. The licensee shall also ensure that fertilizers insecticides and poisonous chemicals likely to contaminate such articles are not stored alongwith these articles in the same godowns O in immediate juxtaposition to the stocks of the trade articles.

13 · The licensee shall not sell O offer to sell any trade articles at a price higher than that fixed for that articles by the competent authority, in pursuance ofany power conferred upon it/him by law.

14 ·

1 · Name of Trade Article.

4 · Total.

5 · Stocks sold or otherwise removed during the daylweek/fortnight/month/quarter: 6. Stocks at the end of daylweek/fortnight/monthlquarter 7 Remarks:

1 · Weight is to be entered in liters/kg Iquintalsltones. 2_ Goods pledged with Bank, Co-operative Society etc. are also to be included in the above figures and a note be given in the remarks column. 3. Fraction need not be mentioned. Figures may be rounded off to the nearest liters/kglquintals/tones. 4. Small packs of hydrogenated vegetable oils, edible oils or gur, etc may be first converted into quintals etc. and then included in this return

1 · 2. 3. 4. 5. 6. 7. 8. 9.

1 · Licence No. 2_ Name and address 0f Licensee. 3. Period upto which the licence is/was valid. 4. Period for which renewed.

20 · quintals of = any - one of the foodgrains Or upto 60 quintals ofall the foodgrains Pulses 30 quintals ofall the pulses taken together Oilseeds including groundnut in shell 50 quintals for all edible oilseeds taken together: Edible oil including Hydrogenated 1Oquintals for all edible oil taken together Vegetable oils Sugar 20 quintals Gur and Khandsari 20 quintals Tea (omitted) 50 quintals vide notification 3/9/1996 Iodized Salt 20 quintals

2 · 3. 4_

5 · 6. 7 .

9 · 10

10 · quintals. 20 quintals.

1 · (1)This order my be called the Himachal Pradesh Trade Articles (Licensing and Control) Amendment Order; 2006.

2 · In Schedule-I appended to the Himachal Pradesh Trade Articles ((Licensing and Order; 1981

1 · This order may be called the Himachal Pradesh Trade Articles (Licensing and Control) (First Amendment) Order; 2007 .

2 · In the Himachal Pradesh Trade Articles (Licensing and Control) Order; 1981 (hereinafter referred to as the said order' ) in clause 2 for sub- clause (b) the following shall be substituted, namely: