| No.
FDS-A (3) 19/2001
Dated: Shimla –171002 the 28.11.2001.
Whereas
the Governor of Himachal Pradesh is of the opinion that it is necessary
and expedient for maintaining the supplies of rice and for securing its
equitable distribution and availability at fair prices;
Now , therefore, in exercise of the powers conferred by section 3 of the
Essential Commodities Act, 1955 (Act 10 of 1955) read with the Government
of India, Ministry of Agriculture (Department of Food ), Order No. GSR,
800, dated 9th, June, 1978 and GSR 452 (E) , dated the 25th
October, 1972 , the Governor of Himachal Pradesh, with the prior concurrence
of the Central Government , hereby makes the following order, namely:-
1.
Short title,
Extent and
Commencement:- (a) This Order may be called the Himachal Pradesh Rice
Procurement (Levy) Order, 2001.
(b) It extends to whole of the State of Himachal Pradesh.
(c) It shall come into force at once.
2. Definitions:- In
this order, unless the context otherwise requires,-
(a) “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 in
kind;
(b) “Director” means the Director of Food & Supplies, Himachal Pradesh
and includes Joint Director, Deputy Director of Food & Supplies Himachal
Pradesh and any Other Officer authorized by the Government to administer
All or any of the provisions of this order;
(c) “Enforcement Officer” means the Director and includes any other Officers
not below the rank of Inspector, Food and Supplies authorized by the Government;
(d) “Food Corporation” means the Food Corporation of India established
under Section 3 of the Food Corporation Act, 1964 (Act 37 of 1964);
(e)“ Government” means the Government of Himachal
Pradesh;
(f) “Licensed dealer” means a person holding a valid licence under the
Himachal Pradesh Trade Articles (Licensing and Control) Order,1981;
(g) “Marketing seasons” means the period commencing from the 16th
day of September every year to 15th September, following;
(h) “Paddy and rice” means paddy and rice of the varieties described in Schedule I and Schedule II, respectively;
(i)
“Permit” means a permit issued by the Director to a rice miller
to undertake custom milling of paddy;
(j)
“Procurement price” means the price specified in Schedule III for
different varieties of rice as per specification given in Schedule IV
as fixed by the Government with the prior concurrence of the Central Government
from time to time;
(k) “Purchase Officer” means Director and includes the District Food and
Supplies Controller and District Inspector Food & Supplies in their
respective jurisdictions or any other officer/agency appointed by the
Government to purchase rice from the rice millers/dealers;
(l)
“Rice mill” means the plant and the machinery with which and the
premises including the precincts thereof in which or any part of which
, rice milling operation is carried on;
(m) "Rice
Miller” means the owner or other person incharge of a rice mill, or authority
which has ultimate control over the affairs of such mill and when the
said affairs are entrusted to a Manager, Managing Director or Managing
Agent, Such Manager, Managing Director or Managing Agent holding a valid
licence under the Himachal Pradesh Trade Articles (Licensing and Control)
Order, 1981;
(n)
“Schedule” means a schedule to this order; and
(o)
“Specifications” means the specifications prescribed for rice in
Schedule-IV.
3.Levy on licensed miller:- (1) Every Rice Miller shall deliver to
the Purchase Officer or such agency as may be appointed by the Government
in this behalf, at the procurement, price in any variety, fifty percent
of rice conforming to the specifications, out of the stocks held by him
on the date of commencement of this Order, or such percentage, as may
be specified by the Government from time to time with the prior concurrence
of the Central Government, of
(a) the total quantity of rice conforming to the specification milled
by him every day out of
his stocks of paddy owned or acquired by him; and
(b) the total quantity of rice conforming to the specification purchased
or otherwise acquired
by him except the levy free rice;
(2)
(a) No miller shall sell or in any manner transfer any quantity of paddy
held by in stocks to
any dealer;
(b) No miller shall sell or in any manner transfer any quantity of paddy
held by him in stocks to any miller with-
out prior intimation in writing to the concerned Distt. Food and Supplies
Controller.
4.Levy on Licensed dealers:- Every licensed dealer shall deliver to
the Purchase Officer or such agency as may be appointed by the Government
in this behalf, at the procurement price, in any variety, fifty percent
of rice conforming to the specification, or such percentage, as may be
specified by the Government from time to time with the prior concurrence
of the Central Government of,
(a) the total quantity of rice conforming to the specification got milled
by him every day out of his stocks of paddy; and
(b) the total quantity of rice conforming to the specifications purchased
or otherwise acquired by him for the purpose of sale
except the levy free price.
1. Time
limit for milling paddy.- The rice miller or the licensed dealer, as the
case may be, shall ensure that all paddy purchased by him in the marketing
season is milled before the commencement of the next season and no paddy
shall remain unmilled with him at such commencement.
2. Levy
rice to conform to specification.- The rice required to be sold to the
Government under clause 3 or clause 4, as the case may be, shall conform
to the specifications of rice of fair average quality as prescribed in
Schedule-IV applicable to the respective variety of rice and shall not
contain refraction beyond the rejection limit shown therein and in case
any stock of rice offered for sale does not conform to such specifications,
it shall be reconditioned or rectified by the Rice Miller or the Licensed
dealer, as the case may be, before being so offered, so as to bring it
in conformity with such specifications,
3. Delivery
of Levy rice.- (1)The rice required to be sold to the Government under
Clauses 3 and 4 shall be delivered by the Rice Miller or the licensed
dealer, as the case may be, to the Purchase Officer in such lots, manner,
place and time as he may direct.
(2)
The Purchase Officer shall give a receipt to him specifying the
quantity and variety of rice delivered by him and the date of taking delivery
thereof
(3)
The Purchase Officer shall on taking delivery of rice make payment
at the rate calculated on the basis of the procurement price for the quantity
and the variety of rice so delivered after analysis subject to quality
cuts, if any, as allowed in Schedule IV.
(4)
(i) Three samples of rice shall be taken jointly after inspection
of rice by representatives of State Government and Food Corporation of
India in the presence of rice millers/licensed dealers or their authorized
agent.
(ii) Out of the above referred three samples,- (a) One sealed sample will
be handed over to the Rice Miller/licensed dealer or his authorized agent.
(b) The second sealed sample will be kept in District laboratory of Food
Corporation of India/State Government, as the case may be, will be analysed
jointly by the representatives of the Government and Food Corporation
of India in case of any dispute/or for sample checking by the officials
of State headquarters or Officers of regional office of Food Corporation
of India/State headquarters, as the case may be.
(c) The third sample will be analysed in the Food Corporation of India
/State Government laboratory, as the case may be, established at delivery
point jointly by technical officials of Food Corporation of India and
the Government. If the same is not tested on the day of delivery of the
consignment, it will be sealed and tested on the next day positively.
After analysis of the third sample, final results of such sample will
be recorded jointly in the analysis chit specified by the Director. After
completing the analysis procedure, “Acceptance Note” in the form specified
by the Director and issued by the purchase officer to the rice millers
or rice dealers, as the case may be, within twenty-four hours of the analysis.
(iv) Mode of checking by supervisory
staff:-
(a) In the case of checking of accepted stocks by the supervisory staff
of the Government. Central Government or Food Corporation of India, samples
of such checked stocks shall be taken and sealed by the representatives
of the Government, Central Government, or the Food Corporation of India,
as the case may be. These samples will be tested at the Government Headquarter
Laboratory /Food Corporation of India Laboratory/any laboratory authorized
by the Central Government.
(b) The second sample of the accepted stocks retained by the accepting
agency shall be subject to super inspections to be undertaken by the officers
of the Government, or Central Government, or Food Corporation of India
in the headquarter laboratory of the State Food and Supplies Department
at Shimla or the authorized laboratory of Food Corporation of India any
authorized laboratory of Central Government.
(v) In case it is found during subsequent checks by the Food Corporation
of India/Government/Central Government that the quality of rice stocks
accepted jointly by the Food Corporation of India/ Government is below
prescribed specifications, action shall be taken against Government officials
concerned as in case of Food Corporation of India staff.
(5) The price payable for the stocks of rice shall be determined on the
basis of the result of the analysis which shall be communicated to the
Rice Miller or the licensed dealer, as the case may be, after imposing
quality cuts, if any, as allowed in schedule IV.
(6) If, within a week of the receipt of the result of the analysis, the
Rice Miller or the licensed dealer or his authorized agent, as the case
may be, disputes the correctness of the results, he may prefer an appeal
against the said rejection to the Director or an Officer duly authorized
by him in this behalf, not below the rank of District Food and Supplies
Controller, who shall arrange to get the other sample, which was retained
in the Government Laboratory, re-analysed in the presence of the representatives
of the Government and the agency authorized to take delivery and the Rice
Miller or licensed dealer or his authorized agent, as the case may be.
In case the Rice Miller or the licensed dealer or his authorized agent,
at the case may be, prefers an appeal, the provisionally accepted stocks
would be allowed to be kept in the premises of the Food Corporation. However,
the Rice Miller or the licensed dealer or his authorized agent, as the
case may be, shall bear he storage and other prescribed expenses in case
his appeal is rejected.
(7) The result of the second analysis referred to in sub-clause (6) shall
be binding on both the parties and the price payable for the stock of
rice shall finally be determined on the basis of that result. The Purchase
Officer shall on taking delivery of Rice, make payment at the rate calculated
on the basis of the procurement price for the quantity and the variety
of rice delivered subject to quality cuts imposed on the basis of analysis
as provided in sub-clause (6).
(8) In the case of delivery of levy rice at a place other than the mill
premises or the business premises of the Rice Miller or he licensed dealer,
as the case may be, he shall be entitled to the payment of other charges
incidental to such delivery including transportation charges as regulated
in accordance with the instructions issued by the Government from time
to time.
(9) The rice required to be delivered to the Government under clause 3
and 4 shall be packed only in brand new gunny bags. The price of gunny
bags shall be fixed quarterly and payable to the suppliers in addition
to the cost of the net weight of grains, the schedule of quarter and the
date from which quarter begins shall be such as may be specified by the
Government of India.
(10)(a) The rice required to be sold to the Government under clause 3
and 4 shall be delivered by all the Rice Millers irrespective of the rice
milling capacity as the case may be, by licensed dealer who gets the rice
milled from a Rice Miller, irrespective of rice milling capacity, in double
line machine stitched new B.T will gunny bags to the Purchase Officer
or to such other person as may be authorized by him to take delivery on
his behalf at such time and place as the Purchase Officer or the person
so authorized may direct.
(b) The Rice Millers and the licensed dealers shall be paid compensation
for double line machine stitching and for the price of the new B.T. will
gunny bags at such rates as may be notified by the Government from time
to time.
(c) The rice required
to be sold to the Government under clauses 3 and 4 of this Order, shall
be delivered hundred percent in fifty kilograms packing.
(8) Restriction
on Sale and Movement of rice.- (1) No Rice Miller or the licensed
dealer shall sell or agree to sell or otherwise dispose of the rice recovered
by milling or otherwise acquired by him (even other than the levy rice
specified in clause 3 or clause4), as the case may be, in excess of levy
share of rice recovered by milling or otherwise acquired by him.
a.
Every Rice Miller or licensed dealer shall send intimation in writing
to the Inspector Food and Supplies of the area concerned with a copy to
the Distt. Food & Supplies Controller in the form set out in schedule-V
of the movement of rice from the premises of the rice mill or godown declared
in the licence at any time before such movement or within eight hours
thereafter.
b.
The Rice Miller/licensed dealer shall dispose of the levy free
rice only after issue of the release certificate issued by the Enforcement
Officer of the area concerned on furnishing of the original receipt issued
by the Purchase Officer about he delivery of levy rice.
c.
The onus of proof to show that the rice is levy free shall rest
upon the person who either owns, possessed or moves through any mode of
conveyance, rice in excess of the permissible quantity of less than four
quintals.
(9)
Powers to require rice mills to mill paddy.- The Government
or the Director may direct any rice miller to convert any stocks of paddy
into rice held by the Government or its agencies or the Food Corporation
on such terms and conditions as may be prescribed by the Government
or the Director.
Provided that the quantity of paddy to be given to rice will by the
Government or its agencies or the Food Corporation during one kharif
season beginning from 1st October shall not exceed 40% of the
annual licensed milling capacity of the Sheller to be calculated on the
average of 300 working days.
(10)
Restriction on custom milling by the rice mills.- (1) No Rice Miller
shall undertake custom milling of paddy except under and in accordance
with a permit in the form set put in schedule VI issued by the concerned
District Food and Supplies Controller;
Provided that no permit is required for undertaking custom milling
of small quantity of paddy brought by cultivator from the stocks of paddy
grown by him or an agricultural labour out of he stock or paddy earned
by him as wages or the paddy held in stock by the Government or its agencies.
(2)
Every rice miller shall maintain separate accounts in respect of
custom milling undertaken by him.
(11)
Levy on Food Corporation. - No levy shall be charged from the
Food Corporation on such stocks of Rice as they shall deliver in the Central
pool
(12) Duty
to comply with order or directions.- Every Rice Miller or licensed
dealer to whom an order or direction
is issued under powers conferred on any authorities by or under
this order shall comply with such order or directions.
(13)
Power to exempt,- With the prior concurrence of the Central
Government, the Government may, in the public interest, exempt any area
from any of the provisions of this Order.
(14)
Powers of entry search and Seizure.- (1) The Enforcement Officer
may, with a view to securing compliance with this order or to satisfying
himself that this order has been complied with-
(a) inspect or cause to be inspected any book or document or account as
well as any stocks
of rice or paddy belonging to or under the control of miller or dealer;
(b) require any person to give any information n his possession with respect
to any undertaking or business for production or manufacture of rice or
for purchase, sale or storage for sale of rice or paddy;
(c) stop and search
forthwith with such aid or assistance as may be necessary any person or
vehicle or vessel or animal used or suspected of being used for delivery
of rice or paddy from the mill or other premises of the miller or dealer
where, he has reason to believe, rice or paddy is stored;
(d) enter and search, with such aid or assistance as may be necessary,
such mill or other premises;
(e) Seize and remove, with such aid or assistance as may be necessary;
(i) any stock of rice or paddy in respect of which or part of which he
has reason to believe, a contravention of any of the provisions of this
order has been or is to be
committed;
(ii) any package,
covering or receptacle in which such stock of rice or paddy is found;
or
(iii) The animal , vehicle, vessel or other conveyance used in carrying
such stocks of rice or paddy if he has reason to believe that such animal,
vehicle, vessel or other conveyance is liable to be forfeited under the
provisions of the Essential Commodities
Act, 1955 and thereafter, without unreasonable delay, make a report to
the Collector under the provisions of section-6A of the said Act.
(f) seize and remove any books of accounts or documents which, in his
opinion, shall be useful for, or relevant to any proceedings in respect
of any contravention of this order and allow the person from whose custody
such books of account documents are seized to make copies thereof or to
take extracts there from in his presence.
(2) The provisions 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.
(15)Maintenance of accounts.- (1) Every Rice Miller and Licensed dealer
shall maintain a register indicating the quantity of paddy milled and
rice delivered under levy during the day in the form given in Schedule
VII.
(2) He shall furnish a fortnightly return in the form set out in schedule
VIII containing an abstract of the above accounts for fortnightly periods
ending on the 15th and the last day of every calendar month
to the Enforcement Officer, exercising jurisdiction in the area so as
to reach him within five days of the close of fortnight.
(16) Periodical verification of stocks with the millers/dealers,-
The Enforcement Officer shall periodically verify the rice or paddy stocks
in the mill send a report to the District Food and Supplies Controller.
(2) The Enforcement Officer shall, also periodically verify the stocks
of rice paddy available with the dealer and send a report to the District
Food & Supplies Controller in the form given in schedule VII.
(17) Appeal,- (1) Any Rice Miller or licensed dealer or other
persons aggrieved by the order of the Purchase Officer fixing the quantum
of levy under clause 3 or clause 4 as the case may be, may appeal to the
Director within 30 days from the date of service of such order.
(2) Director shall fix the date, time and place for hearing the appeal
thus preferred to him and may from time to time adjourn the hearing and
make or cause to be made such further enquiries as he may deem fit,
(3) In disposing of the appeal, the Director may confirm or amend the
order appealed against to reduce or enhance the quantity of rice to be
sold under the said order.
(4) Director shall communicate in writing the order passed in appeal by
him to the appellant and also to the Purchase Officer concerned. Every
order of the appellate authority on such appeal shall be final.
(18) Special provision for Basmati rice,-
(1) Every Rice Miller and licensed dealer shall maintain a register
indicating the quantity of basmati paddy milled and basmati rice sold
during the day in the form given in Schedule VII.
(2) He shall furnish a fortnightly return in the form set out in Schedule
VIII containing an abstract of the above accounts for fortnightly periods
ending on 15th and the last day of the rice mill or godown
declared in the licence at least twenty-four hours before such movements.
(3) Every Rice Miller or licensed dealer shall send intimation in writing
to the Inspector Food and Supplies of the area with a copy to the District
Food & Supplies Controller of the District in the form set out in
Schedule V of the movement of basmati rice from the premises of the rice
mill or godown declared in the licence at least twenty four hours before
such movements.
(4) Description of basmati paddy and basmati rice are as mentioned in
Schedule IX and IV respectively.
(19) Repeal and Savings,-
The Himachal Pradesh Rice Procurement Levy order,1974 is hereby
repealed : Provided that such repeal shall not –
(a)
affect the previous operation of the said order of anything duly
done or suffered thereunder; or
(b)
affect any right, privilege obligation or liability acquired or
accrued or incurred under the said Order; or
(c)
affect any penalty, forfeitures or punishment incurred in respect
of any offence committed against the said order; or
(d) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture
or punishment as aforesaid; and any such investigation legal proceeding
or remedy instituted continued or enforced and any other penalty, forfeiture
of punishment imposed as if the said order had not been repealed.
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