3 TheOdisha 8 PTT 21

orders · 1955 · State unknown

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Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

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3 TheOdisha 8 PTT 21 Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 2115 CUTTACK, WEDNESDAY , OCTOBER 30, 2013 KARTIKA 8, 1935 FOOD SUPPLIES & CONSUMER WELFARE DEPARTMENT NOTIFICATION The 23rd October 2013 No. 18180-09-61-52/2013--Whereas for maintaining the supply of rice and for securing its equitable distribution and availability at fair prices in the State of Odisha; the State Government had made the Odisha Rice and Paddy Procurement (Levy) and Restriction on Sale and Movement Order , 1982; And Whereas, the Central Government have issued direction to all State Governments not to impose any levy on rice from Millers exceeding twenty-five percent of the rice purchased or processed or held by the Millers with effect from 1st October, 2013; And Whereas, the State Government are of opinion that it is necessary and expedient to consolidate and amend the said order for maintaining the supply of rice and for securing the equitable distribution and availability at fair prices in the State of Odisha: Now therefore; in exercise of the powers conferred by section 3 of the Essential Commodities Act; 1955 (10 of 1955) read with the notification of Government of India in the erstwhile Ministry of Agriculture and Irrigation (Department of Food) G.S.R.8OO, dated the gth June, 1978, published in the Gazettee of India, Part-Il, section 3, sub-section (1) dated the 9th June, 1978 the directions issued by the Government of India in this behalf and with prior concurrence of that Government and in supersession of the Odisha Rice and Paddy Procurement (Levy) and Restriction on Sale and Movement Order, 1982 published in the Odisha Gazette dated the 1 st November, 1982, except as respect things done or omitted to be done before such supersession; the State Government do hereby make the fol

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3 · TheOdisha 8 PTT 21

2 · Definitions In this Order, unless the context otherwise requires, (a) "Civil Supplies Officer" means the officer heading the office of the Food Supplies department of the government in the district: (b)"Collector" means the Collector of District and includes any officer, not below the rank of Sub-Collector; duly authorised by him or by the State Government to exercise the powers of the Collector under this Order; as may be specified in the said authorisation; (c)"Competent Authority" means the Collector of concerned District or Secretary: (d)"Custom Milling" means milling of paddy, not belonging to the Miller; into rice in his rice mill on payment of milling charges in cash or kind; (e) "Enforcement Officer" means an officer of the State Government not below the rank of an Inspector of Supplies appointed as such for the purpose of this Order; (f) "Form' means form appendix to this Order: (g) "Miller" means the owner or other person in charge of a rice mill and includes a person or authority which has the ultimate control over the affairs of such mill and when the said affairs are entrusted to a Manager or Managing Director or Managing Agent; such Manager; Managing Director or Managing Agent, as the case may be; (h)"Procuring Agency" means the Food Corporation of India established under the Food Corporation Act; 1964, Odisha State Civil Supplies Corporation Ltd. established under the Companies Act 1956, National Agricultural Co-operative Marketing Federation (NAFED) , Odisha State Co-operative Marketing Federation (MARKFED) and Tribal Development Co-operative Corporation of Odisha Ltd (TDCC) or any other Corporation, Company or Cooperative Society appointed by the State Government to purchase stocks of rice or paddy from a miller or a producer directly or otherwise for cash and includes its officers and sub-agents appointed by such Procuring Agency; ()"Procurement price" in relation to any variety of rice, means the price fixed by the Government of India or State Government; as the case may be, from time to time, as payable to the Miller by the Purchase officer; (j) "Purchase Officer" means an officer appointed by the Procuring Agency to purchase paddy or rice from the Miller or Producers on behalf of the Procuring Agency; (k) "Rice" means any variety of dehusked polished; raw or parboiled rice and includes rice equivalent to paddy held in stock. Explanation For the purpose of this sub-clause, sixty-seven kilograms of raw rice and sixty-eight kilograms of parboiled rice shall be considered equivalent to one quintal of paddy; (V) "Rice Mill" means the plant and machinery with which and the premises including the precincts thereof in which or in any part of which, rice milling operation is carried on; (m) "Secretary" means the Secretary to Government; Food Supplies and Consumer Welfare Department includes Commissioner-cum-Secretary to Government and Principal Secretary to Government of that Department as the case may be; (n)"Statutory dues" means dues under the Odisha Value Added Tax Act; 2004 and the Odisha Agricultural Produce Markets Act; 1956; (0) "State Government" means Government of Odisha:

20 · Appeal (1)Any miller aggrieved by the order passed by any officer subordinate to Collector may prefer appeal before the Collector of the district in which the mill is located, who shall dispose of the appeal at the earliest (2) Any miller aggrieved by the order passed by the Collector may prefer appeal to the Secretary for redressal. 21. Order not apply in certain case The provisions of this Order; in so far as they relate to the delivery of rice to the designated Procuring Agency or to its Purchase Officer on account of levy; shall not be applicable to a Procuring Agency appointed by the State Government: