Rajasthan Trade Articles (Licensing and Control) Order; 1980 [Pub. in Raj: Gaz. Extra. Pt-4 (C) (1) dt: 27.08.2008] Food & Civil Supplies De

orders · 1955 · State unknown

Download PDF Parent Act Back to Subordinates

Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

Text

Rajasthan Trade Articles (Licensing and Control) Order; 1980 [Pub. in Raj: Gaz. Extra. Pt-4 (C) (1) dt: 27.08.2008] Food & Civil Supplies Department Jaipur; August 27, 1980 GSR 46. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the orders of the Government of India in the Ministry of Agriculture & Irrigation (Department of Food) published under GS.R Nos. 45 (E) dated 25th October; 1972, 168 dated 13th March; 1973 and 800 dated 9h June; 1978 and in the Ministry of Industry and Civil Supplies (Department of Civil Supplies & Cooperation) published under S.O. 681 (E) and 682 (E) dated 30th November; 1974 and with the prior concurrence of the Central Government, the State Government hereby makes the following order; namely: PART - 1 Preliminary 1_ Short title, extent and commencement _ This Order may be called the Rajasthan Trade Articles (Licensing and Control) Order; 1980. (2) It extends to the whole of the State of Rajasthan: (3) It shall come into force at once 2. Definitions _ In this order unless the context otherwise requires _ (a) Ix xxxl Comments Definition of 'bulk consumer at item no. (a), have been omitted vide order S.O. 376 dt. 13.02.2004. The same have been inserted for the period 0f 22.04.2009 to 08.07.2009 (vide orderS0.16dt.21.04.2009) and againinserted for theperiod 0f30.07.2009 to 08.01.2010 (vide order SO. 144 dt. 15.07.2009). The expiry date 08.01.2010 have been extended to 30.11.2011 by amending orders from time to time. The definition was aS under- "(a) 'bulk consumer means a hotel, a restaurant; halwai, hospital, an educational institution with hostel facilities or a religious Or charitable institution with hostel facilities [xxxxl Comments Definition of 'coal' at item no. (b

Rule TOC

15 · [xx xx]

19 · Requisitioning of stocks of trade articles _ Every person holding stock of trade articles mentioned in Schedule I and Schedule IT shall sell to the State Government or to any person or class of persons the whole or specified part of his stock at such prices and in such manner as may be specified in the order ofthe Collector or any other Officer not below the rank of Naib Tehsildar authorised by the State Government in this behalf: Explanation: For the purpose of this clause the prices payable to a person who is required to sell the whole O specified part of his stock of trade articles shall be determined by the authority concerned in accordance with the provisions of sub-section (3-b) of Section 3 of the Essential Commodities Act; 1955 ![(Central Act 10 of 1955)]. 20. Returns _ Every dealer #I[x x x x] #I[and producer] referred to in clause 3 shall furnish a return in form 'D to such authority, and in such manner or for such period as may be specified from time to time by the State Government by notification in the Official Gazette. 21. Sale on permits_ The Licensing Authority may, by general Or special order in writing, require any dealer #![x x x x] #I[and producer] holding stock of a trade article, to sell such article on permits issued by the Licensing Authority or such other officer authorised in this behalf by the State Government: Comments of Clause 20 & 21 #1 . The words *and producer have been inserted by GSR 52, dt. 30.03.1988, but deleted by S.O. 376, dt. 13.02.2004 The same words have been inserted by S.O. 167 dt. 12.08.2009 and subsequent orders for the period of 17.08.09 to 30.09.13, then inserted for period of 07.07.2015 to 30.09.2015 by S.O. 65 dt. 22.06.2015 and again inserted by by S.O. 156 dt. 20.10.2015 and is to remain in force upto 30.09.2016. 22. Permit to be non-transferable _ No holder of permit shall transfer the permit o the trade article received on such permit to any ther person without prior permission ofthe officerby whom the permit has been issued. 23. Revocation of permit _ The officer issuing the permit may, after giving the permit holder an opportunity of being heard, at any time revoke the permit issued under clause 21 for any of the following reasons: that the permit has been obtained by the permit holder by misrepresentation of material particulars; O that the provisions ofthis Order havebeen contravenedby thepermit holder; or that issue of permit was, in the opinion of the officer issuing the permit, and for reasons to be recorded in writing by him; not otherwise justified.

24 · Power to call information _ Every dealer #I[x : x X x] #I[and producer] shall, when so required by general O1 special direction of Licensing Authority, furnish truthfully and to the best ofhis knowledge such particulars or information relating to any trade article, as may be required. Comments #1 . The words *and producer have been inserted by GSR 52, dt. 30.03.1988, but deleted by S.O. 376, dt. 13.02.2004_ The same words have been inserted by S.O. 167 dt. 12.08.2009 and subsequent orders for the period of 17.08.2009 to 30.09.2013, then inserted for period of 07.07.2015 to 30.09.2015 by S.O. 65 dt. 22.06.2015 and again inserted by by S.O. 156 dt. 20.10.2015 and is to remain in force upto 30.09.2016. 25. Power to issue directions to dealers #Ix* _ xx]: #3 [Power to issue directions to dealers and producers:| The State Government or the Collector or the Licensing Authority may issue directions to any dealer #I[x x X X] #2[and producer] with regard to purchase; sale, disposal, storage Or exhibition of the price and stock list ofall o any ofthe trade articles. Comments #1 . Inserted by GSR 52, dt. 30.03.1988, but deleted by S.O. 376, dt. 13.02.2004. #2 . The words "and producer' have been inserted by S.O. 167 dt. 12.08.2009 and subsequent orders for the period of 17.08.2009 to 30.09.2013,then inserted for period of 07.07.2015 to 30.09.2015 by S.O. 65 dt. 22.06.2015 and again inserted by S.O. 156 dt. 20.10.2015 and is to remain in force upto 30.09.2016. #3 . Heading substituted by S.O. 167 dt: 12.08.2009 and subsequent orders for the period of 17.08.2009 to 30.09.2013, then inserted for period of 07. 07.2015 to 30.09.2015 by S.O 65 dt. 22.06.2015 and again inserted by S.O. 156 dt. 20.10.2015 and is to remain in force upto 30.09.2016. 26. 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 thereupon the Schedules shall be deemed to have been amended accordingly: 27. Inherent powers of Commissioner and Collector_ In addition to the powers specified in this Order; the Commissioner shall have all the powers of a Collector; and the Collector shall have all the powers of Licensing Authority 28. Appeal - Any person [aggrieved] by an order made by any officer under this Order may- a) if the order is made by any officer lower in rank than the Collector; appeal to the Collector; and (b) if the order is made by the Collector; appeal to the ![Commissioner]: No such appeal shall be entertained if not preferred within 30 days from the date of receipt ofthe order appealed against by the appellant:

2 · .