in the Extraordinary gazette of H.P. Govt. dated 9.8.1977]
Shimla –2, the 5th 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)
and S.O. No. 682(E) 56th 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
(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.
2.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 Food & Supplies and includes
any person authorized by the Director to exercise all or any of the powers
of the Inspector under this order.
means the District Magistrate of the district and includes the Additional
District Magistrate of the district.
“Director” means the
Director, Food & Supplies, Himachal Pradesh.
“Magistrate” means the
Sub-Divisional Magistrate and the Executive Magistrate within their respective
“Deputy Director” means the Deputy Director, Food & Supplies
and includes any officers not below the rank of District Food &
Supplies Controller authorized by the Director to exercise all or any of
the powers of the Director under this order.
(1) The Director or the
District Magistrate ,may, by Notification in the official gazette, fix in respect of any article given in Schedules
(a) The maximum quantity which may at any one time be
possessed by a dealer or a produced
provided that the quantity so fixed in this clause shall in no case exceed
the quantity if any, fixed under the specific Licensing and/ or Price
Control Order issued under section 3 of the Essential Commodities Act,
(b) The maximum quantity which may at any one time be
possessed by any consumer..
(c) The maximum quantity which may in one transaction be sold to any
person by a dealer or producer.
(d) The maximum margin of profit that may be charged by a
dealer or producer over his costs in respect of any article included in
The maximum retail price including taxes in respect of any article in
Schedule -I that may be charged by a dealer or producer subject to the
condition that the price so fixed shall not remain operative for more than
a month at a time or for such further extended time which in no case shall
exceed 3 months from the date of the first order
provided that the
District Magistrate shall exercise the powers under this para subject to
the guidelines, if any, of the Director.
The quantities, price and margin of profit fixed in respect of any
article under this paragraphs may be different in different localities
that while fixing the margin of profit, the prescribed authority shall
take into consideration, the nature of the commodities and also all
relevant local-conditions and that such margin of profit shall in no case
be less than 1.5% and more than 10%. But in the case of fresh vegetable,
the margin may extent up to 25% .
(1) No dealer or producer shall -
have in his possession at any one time a quantity of any
article exceeding the
maximum fixed by notification under paragraph
(a) of sub-clause (1) of clause 3.
(b) sell or offer for
sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by
notification under paragraph
(c) of sub-clause(1) of clause 3.
(c) charge more than the maximum margin of profit
fixed under paragraph (d) of sub-clause (1) of clause 3. (d) charge more than the maximum retail price
fixed under clause (e) of sub-paragraph (1) of paragraph 3.
(2) No dealer or producer shall charge in respect of any article in
schedule III more than the price printed on packets under the provisions
of the standards of Weights and Measures Act.1976 and the rules framed there under.
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.
(i) without sufficient causes,
refuse to sell to any person any article within the limits as to quantity
imposed by or under this order; or
(ii) require the
purchaser of any article to purchase at the same time any other article as
condition for the purchase of that article.
Explanation : The possibility or expectation of obtaining a higher price for an
article at a later date shall not be deemed to be a sufficient cause for
the purposes of this clause.
8. Omitted vide Notification No. FDS-A-3(2)/77, dated 30.10.80(IV
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 there under or to satisfying himself that any such provision has
been complied with:-
(a) require, by an order in writing any producer or dealer to furnish
within such period and at such intervals as may be specified in such
order such information, returns or reports and in such forms as may be required;
(b) prescribe the manner in which true accounts of stocks, sales, purchases
or other transactions of articles should be kept.
(1) Director, the District Magistrate, the Deputy Director, the Magistrate, the
Inspector or Police Officers of the rank of\Sub-Inspector
and above may:-
(a) inspect or cause to be inspected any books or
other documents belonging to or under the
control of a producer or a dealer.
(b) enter or search the premises of a producer, a dealer or a
(c) seize any article in respect of which he has reason to
believe that a contravention of this order or any notification issued
there under has been, is
being or is about to be committed.
(2) 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 clause.
11. The powers exercisable by the Director and the District
Magistrate under this order shall also be exercisable by the State
clause (a) of paragraph 2 and paragraph 3 (1)
1.Food grains ( Wheat, gram, barley, rice and maize including
Gur, Shakkar, Khandsari and Sugar.
Match boxes [ Omitted vide Notification dated 5.9.98]
Kerosene Oil and Diesel.
Soft coke, hard coke, steam coal and slack coal.
Coarse Woolen cloth/common cloth.
Tea leaves excluding
tea leaves sold in packets.
Edible/vegetable oils and other hydrogenated oils
except those sold in tins or other
packets of 4 Kgs. Or below.
Washing and toilet soaps excluding those sold in
packets. [Omitted vide notification dated 5,9,98.]
Cooked food served in any establishment.
Milk, curd and cottage cheese.
Fruit and vegetables.
(Omitted on 31.05.2002)
vide Notification No. FDS-A(3)-1/95 dated 16.10,99 (Published in
weekly Rajpatra dated 13.11.99(10th Amendment)]
(Omitted on 15.03.2005)
clause (a) of paragraph 2 and paragraph 3(1)]
1.Baby Food sold in
2.Tealeaves sold in packets.
3.Battery/Transistor cells. [Omitted vide notification dated
4.Tyres and tubes of cycles ,rickshaws, motor-cycles, scooters,
trucks, jeeps and car [Omitted vide notification dated 5.9l.98.
clause (a) of paragraphs 2 and paragraph 3(1) and 4(2)]
vide notification dated 5.9.98]
S. M. KANWAR,