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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 articles or things specified
in schedule I and II appended to this order at fair prices and for controlling
the prices or rates at which such articles or things may be sold.
Now, therefore, in exercise of the powers conferred
by section 3 of the Essential Commodities Act,1955 (10 of 1955) read
with GSR No. 316 (E) dated 20.6.1972, No. 452 (E) dated 25.10.72 and
No.168 (E) dated 13.3.73 , S.O. No. 681(E) and 682(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:-
1.
(1) This order may be called the Himachal Pradesh Commodities Price Marking
and Display Order,1977
(2) It shall come into force at once.
(3) It extends to the whole of the State of Himachal Pradesh.
2. In this order, unless the context otherwise
requires,-
(a) ‘commodity’ means any article or thing specified in column 3 of
Schedule 1 or Schedule II.
(b) ‘dealer’ means a person who carries on the wholesale or retail business
of selling or storing for sale any commodity whether or not such business
is carried on in addition to any other business.
(c) ‘list of price and opening stocks means the list maintained
from time to time by any dealer in the form prescribed in schedule III
indicating the prices and the daily opening stocks of the commodities
specified in column 3 of schedule I in which the dealer carries on business.
(d) ‘price’ in relation to a commodity means the amount of money
for which the dealer sells or parts with or agrees to sell or part with
or offers to sell or part with that commodity or any variety or quality
thereof inclusive of any tax payable under any law for the time being
in force in respect of such commodity.
(e) ‘Schedule’ means schedules appended to this order.
(f) ‘Director’ means the Director of Civil Supplies, Himachal
Pradesh and includes the Joint Director Food and Supplies,
Himachal Pradesh, Deputy Director of Food and Supplies, Himachal Pradesh
, District Food & Supplies Controller, District Inspector (Food
&Supplies) ,Inspector (Food & Supplies) ,Sub-Inspector (Food
& Supplies) within their respective jurisdiction.
(g) ‘District Magistrate ‘ means the District Magistrate of the district
and shall include the Sub-Divisional Magistrate and Executive Magistrate
within their jurisdiction.
3. Every dealer shall from the commencement of this order:-
(a) In respect of the commodities specified in column 3 of Schedule
I, display conspicuously in the for prescribed in schedule III during
the hours of business at a place as near to the entrance of his business
premises as possible, a list of prices and opening stocks in Devnagri
script in Hindi; and
(b) In respect of the commodities specified in column 3 of schedule
II, mark from time to time the price in
the manner prescribed in that schedule in the script referred to in
clause (a) above;
Provided further that form of numerals to be used
shall be the international form of Indian numerical. Provided further
that a wholesale cloth dealer may instead of marking in the manner prescribed
in schedule II, the prices of various varieties of textiles having specified
trade mark and falling within the purview of the aforesaid schedule
display the price of each variety in accordance with the provisions
of sub-clause(a) of this clause.
Provided further that in the case of any commodity
which is out of stock instead of writing the price thereof in the list,
the words ‘OUT OF STOCK’ shall be written in clock letters against that
commodity.
Provided further that the retail price of any category
of essential article so displayed shall not exceed the retail price,
if any, fixed or recommended by the manufacturers or producers in respect
of that category of essential articles.
Provided further that the conditions of display of
opening stock shall not apply to the retail dealers. Provided
further that prices printed on the packages covered under the
Standards of Weights and Measures Packaged Commodities Rules, 1977,
need not be displayed, if the ultimate retail price including taxes
has been written on the packaged commodities.
Provided further that the price list will be dated and no price list
will be valid for more than one calendar month.
4. The list of price and opening stocks in
clause 3 shall be displayed in the manner as indicated in schedule III
and shall be signed and dated by the dealer stating there under the
capacity in which be has signed the list i.e. whether he is a proprietor,
partner or manager of the firm. The name of the firm shall also be shown
on the list.
5. No dealer shall
(a) sell or agree to sell or offer for sale any article at a price higher
than the price displayed in respect of that article in the list of price
or the price marked in respect thereof as the case may be; or
(b) refuse to sell or withhold from sale such article to any person
at the price so displayed or marked; or
(c) omit to include in the list of prices and opening stock any article
ordinarily kept or stored for sale by him or to display in such list
the price of any article held by him in stock.
6. For ensuring that the previsions of this
order are being complied with by the dealer, the Director ,the District
Magistrate, Inspector Food and Supplies (Enforcement) or the Police
Officer not below the rank of Sub-Inspector shall have the powers to:-
(i) enter business premises of any dealer during business hours
to inspect the list of price and opening stocks or the prices marked
in the manner laid down in schedule II.
(ii) require any dealer or any person carrying on business on
his behalf to give a copy of the list of price and opening stocks or
any other information in his possession in respect of the business and
the dealer or such person as the case may be, shall give the copy of
the list of prices and opening stocks or other information required
from him.
(iii) inspect or cause to be inspected any book, document or any stocks
of articles belonging to or under the control of any dealer or any person
acting on his behalf and take such book, document, or stock in his possession;
and
(iv) search any premises or place and seize any article in respect of
which he suspects that any provisions of this order has been, is being
or is about to be contravened.
7. The provisions of section 100 of the Code of Criminal Procedure,
1973 relating to search and seizure shall so far as may, be apply
to searches and seizures under this order
SCHEDULE-1
[See Para 2 (a) and (3))]
COMMODITIES IN RESPECT OF WHICH LIST OF PRICES IS TO BE DISPLAYED
[See pares 2 (a) and (3))]
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Sr.
No.
1.
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Class of commodity
2. |
Name of commodity
3. |
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1. |
Food Stuff |
(i) Wheat
(ii) Chakki Wheat floor
(iii) Wheat
(iv) Chakki wheat flour
(v) Mill wheat flour
(vi) Maize
(vii) Maize flour
(viii) Rice Basmati
(ix) Rice Begmi
(x) Pulses
(xi) Gram Desi
(xii) Gram Kabli
(xiii) Sugar
(xiv) Sugar Desi (Bura)
(xv) Gur
(xvi) Shakkar
(xvii) Khandsari
(xviii) Sugar Bura
(xix) Desi Ghee
(xx) Vegetable Oils (including hydrogenated vanspati)
(xxi) Mustard Oil (Sarson Oil)
(xxii) Common Salt
(xxiii) Haldi
(xxiv) Chillies
(xxv) Spices
(xxvi) Bread
(xxvii) Butter
(xxviii) Eggs
(xxix) Baby Food
(xxx) Condensed Milk
(xxxi) Tea leaves
(xxxii) Meat/Chicken/Fish
(xxxiii) Fresh Milk/Milk Products
(xxxiv) Sweetmeats
(xxxv) Meals, cooked food or dishes served by
hotels/restaurant or
public eating houses located within the
territorial jurisdiction of a
Municipal, Corporation, Municipal Committee
or a Notified Area
Committee.
(xxxvi) Fresh vegetable
(xxxvii) Sugar Balls/cubes
(xxxviii) Patasha
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2. |
Toilet
goods |
(i) Toilet
soaps Omitted vide
Notification dated 5.9.98.
(ii) Washing soap
-do-
(iii) Soap flakes
-do-
(iv) Tooth Brushes
(v) Tooth
Pastes
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3. |
General |
(i) Kerosene
Oil
(ii) Diesel Oil
(iii) Lubricating Oil
(iv) Petrol
(v) Battery Cells
(vi) Transistor Cells
(vii) Electric
bulbs
(viii) Torch
bulbs
(ix) Brass, copper, steel, alluminium, utensils sold by weigh.
(x) Steam Coal
(xi) Soft Coal
(xii) Hard Coke
(xiii) Tyres and tubes
Omitted vide Notification
dated 5.9.98
(xiv) Match Boxes
-do-
(xv) Liquefied Petr5oleum Gas
(xvi) Firewood
(xvii) Electric
wires
(xviii) C.G.I./P.G.I.s heets, Iron bars, wire nails
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4. |
Yam and Textile |
(i) Poplin
(ii) Long cloth
(iii) Muslin
(iv) Violin
(v) Drills
(vi) Knitting
wool
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| 5. |
Bottled Beverages |
(i) Bottle containing liquid
(ii) Liquid beverages containing milk as ingredient.
(iii) Soft drinks
(iv) Fruit
beverages or the like one, which is returnable
by the
consumers for being refilled will be covered.
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Note
:
(i) Price shall be specified separately in respect of different kinds,
qualities, varieties or types of commodities.
(ii) Where any commodity of any kind, quality, variety or type thereof
is sold in tins, bottles, packages of litres, price
shall be specified separately per tin, bottle package, liters, drum, or
of any other unit in which prices are generally quoted.
(iii) In column 5, the unit of price in respect of different or types
of each commodity shall be specified in terms of weight, quantity,
number, packet, package, bottle, tin, drum or any other unit in which
prices are generally quoted. Illustration-The price of sugar may
be specified per kilogram of eggs per dozen and of kerosene oil per bottle
of per tin of specified capacity measured in terms of milliliters or liters.
(iv) List of price shall be printed, typed or written in ink.
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SCHEDULE-II
[See Para 2 (a) 3 and 5]
COMMODITIES IN RESPECT OF WHICH PRICES ARE TO BE MARKED
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Sr.No.
1. |
Class of commodities
2. |
Name of commodity
3.
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Manner of marking price
4. |
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Textiles |
(i) All kinds of cloth whether
of
synthetic fiber, cotton, Wool , silk or
any dmixture
(ii) Saris
(iii) Dhotis
(iv) Blankets
(v) Towels
(vi) Bed-covers
(vii) Bed-sheet
(viii) Table cloth
(ix) Pillow cover
(x) Durries
and Khesis
(xi) Carpets
(xii) Ready-made garments
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In the case of cloth sold by meters, the prices
shall be marked by writing it on one end of the roll (Than) thereof.
or piece or by pasting or tagging a price label thereto
Price shall be marked per article or per set of articles or on the
carton thereof or by pasting or tagging a price label to the article
or set of articles.
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| 2. |
Paper |
(i) Paper
(ii) Exercise
Books |
Price
shall be marked per article or set of articles or on the carton
thereof or by pasting or tagging a price label to the article or
set of article.
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| 3. |
Utensils |
All utensils sold other wise than by
weight
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The
price shall be marked per article or set of articles or on the carton thereof
or by pasting or tagging a price label to the article or set of
articles. |
| 4. |
Leather
Goods |
(i) Shoes
(ii) Chapels
(iii) Sleepers
(iv) Sandals
(v) Suitcases & attachi cases.
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The prices shall be marked for article or set of articles or on the
carton the thereof or by
pasting or tagging a price label to the articles or set of articles.
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5. |
Crockery
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(i) Glass Tumblers
(ii) Glass Jugs & Jars
(iii) Thermos Bottle, Jars
(iv) Crockery i.e. cups, saucers ,tea
sets, tea-pots, quarter-plates, half
plates, full plates |
The prices shall be marked for article or set of articles or on the
carton thereof or by
pasting or tagging a price label to the articles or set of articles.
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Note-
1.
Price shall be embossed, printed, typed or written in Ink.
2. It is not necessary to affix separate labels on all articles of a
particular commodity of the same quality,. size price and specification
stored together at one place. In such cases a single label displaying
the price of one piece be put
against a entire lot.
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SCHEDULE-III
[See
para(4)]
(i) Name and address of the dealer……………….........……..........….
(ii) Premises of business…........................………………………………..
(iii) Date……………………………………………………………………………
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Sr.No.
1. |
Name of commodity
2.
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Quality/make
of article
3. |
Unit of Price
4. |
Opening
stock(for wholesalers)
5. |
Remarks
6. |
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Each
quality/name of the article should be shown separately so as to indicate
the separate price for that quality/make.
Signature of Proprietor/Partner/Manager, Dated:……………….
By order, S.M. KANWAR,
Secretary.
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