GOVERNMENT OF HIMACHAL PRADESH FOOD AND SUPPLIES DEPARTMENT

7676354ee432da3a573ee7929e4a39a80f77253e · 1955 · State unknown

Download PDF Parent Act Back to Subordinates

Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

Text

GOVERNMENT OF HIMACHAL PRADESH FOOD AND SUPPLIES DEPARTMENT [Published in the extraordinary gazette of H.P. Govt. dated 9.8.1977] GOVERNMENT OF HIMACHAL PRADESH FOOD AND SUPPLIES DEPARTMENT NOTIFICATION Shimla – – 2, the 5 th August 1977 No. FDS.A (3)-2/77, - Whereas the Governor of Himachal Pradesh is of the opinion that it is necessary so to do for maintenance and increase of supplies and for securing the equitable distribution and availability of article or things specified in the Schedule at fair price; Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and with GSR No. 316(E) dated 20.6.72, No. 452(E) dated 25.10.72 and No. 168 (E) dated 13.3.73, S.O.No.681 (E) dated 30.11.74 issued by the Government of India and all other powers enabling him in this behalf and with the prior concurrence of the Central Government, the Governor of Himachal Pradesh is pleased to make the following order, namely: - (i) This order may be called the Himachal Pradesh Hoarding and Profiteering Prevention Order, 1977. (ii) It shall come into force at once. (iii) It extends to whole of the State of Himachal Pradesh. In this order, unless the context otherwise requires,- (a) "article" means an article specified in schedule I,II and III to this order and it shall be deemed to be in the possession of a person even when it is held on behalf of that person by another person notwithstanding that it is mortgaged to another person; (b) "dealer'' means a person engaged in the business of sale or storage for sale of any article, whether such business is carried on in retail or in wholesale and includes the distributing agent or the selling agent of such person; (c) “producer” includes a manufacturer; (d) "Inspector" means Inspector of 

Rule TOC

3 · (1) The Director or the District Magistrate, may, by Notification in the official gazette, fix in respect of any article given in Schedules I, II, & III: -

4 · (1) No dealer or producer shall, -

5 · No consumer shall have in his possession at any one time a quantity of any article exceeding the maximum fixed by notification under paragraph (b) of sub-clause (1) of clause 3;

6 · Any dealer or producer or consumer having in his possession a quantity of any article exceeding that permitted by a notification issued under clause 3 shall forthwith report the fact to the Director, Deputy Director, the District Magistrate or Magistrate an d shall take such action as to the storage, distribution or disposal of the excess quantity as the Director, Deputy Director, the District Magistrate or Magistrate as the case may be, may direct.

7 · No dealer or producer shall, unless previously authorized to do so by the Director or District Magistrate or any person authorized in writing in this behalf by the Director.

8 · Omitted vide Notification No. FDS -A -3(2)/77, dated 30.10.80(IV amendment).

9 · The Director or the District Magistrate or any person authorized in writing in this behalf by the Director or the District Magistrate may, with a view to securing compliance of this order or any notification issued thereunder or to satisfying himself that any such provision has been complied with: -

10 · (1) Director, the District Magistrate, the Deputy Director, the Magistrate, the Inspector or Police Officers of the rank of\Sub -Inspector and above May: -

11 · The powers exercisable by the Director and the District Magistrate under this order shall also be exercisable by the State Government.