Shimla-2,
the 14th April, 1981
No. FDS.A(3)15/80,- 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 trade articles or things specified in the schedule-I at fair prices.
Now, therefore, in exercise of the powers conferred by section 3 of
the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with
Government of India, Ministry of Agriculture and Irrigation (Department
of Food) published under G.S.R. No.800, dated 9th June,1978
and all other powers enabling him in this behalf, the Governor of Himachal
Pradesh is pleased to make the following order, namely:-
THE HIMACHAL
PRADESH TRADE ARTICLES (LICENSING AND CONTROL) ORDER,1981
PART-1 |
PRELIMINARY
1.
Short title, extent and commencement. -
(i) This order may be called the Himachal Pradesh Trade Articles
(Licensing and Control) Order, 1981.
(ii) It
extends to the whole of the State of Himachal Pradesh. 
(iii) It shall come into force from the date of publication
in the Official Gazette.
2.
Definition,- In this order, unless the context otherwise requires-
(a) dealer means a person, a firm, an association of persons
or a co-operative society engaged in the business of purchase,
sale or storage for sale of any trade article whether or not in
conjunction with any other business and includes his representative
or agent but does not include-
(i) a person
who holds or is in possession of agriculture land under any tenure
or any capacity and on which he raises or has raised crop of foodgrains,
oilseeds or whole pulses.
(ii) a manufacturer of sugar, gur and khandsari,
(iii) a producer of pulses and edible oils,
(b)director means the Director, Food and Supplies, Himachal
Pradesh.
(c) edible oils means
any one or more of the edible oils specified in Part D
of Schedule 1.
(d) foodgrains means any one or more of the foodgrains as specified
in Part A of Schedule I and includes products of such foodgrains
other than husk and bran.
(e) form means a form appended to this Order.
(f) gur means the articles known as gur, gul, gaggery, shaker,other
diary products prepared by boiling sugarcane juice with or without
ad mixture of molasses, which is identifiable by the following
chemical characteristics namely:-
(i) total sugars (Sucrose plus reducing sugar) as percentage of
dissolved solids
ranging from 70.0 to 95.0 and
(ii) ash (sulphated) as percentage
of dissolve solids ranging from1.5 to 5.0; and in cludes a solution
of any of aforesaid articles in water.
(g) Khandsari means sugar produced by open pan process.
(h) licensing authority means the District Food and Supplies
Controller of the District concerned or such other officer appointed
by the director to exercise the powers and perform the duties
of the Licensing Authority.
(i) oilseeds means any one or more of the oilseeds as specified
in PartC
of the Schedule I.
(j) producer means a person carrying on the business of milling
any of the pulses or expelling, extracting or manufacturing or
refining any
edible oil:-
(i) by buying pulses or oilseeds for being processed by himself
and selling the finished products to a wholesaler or through a
Commission Agent or
(ii) by doing any of the processes of milling, expelling, extracting
or manufacturing or refining on behalf of another.
(k) Pulses means any one or more of the pulses as specified
in Part Bof Schedule I , whether whole or split or with or without
husk and includes products thereof other than husk and bran.
(l) schedule means a schedule appended to this Order
(m) State Government means the Government of the State of Himachal
Pradesh.
(n) sugar means any form of sugar containing more than 90% of
sucrose.
(o) trade article means any commodity mentioned in Schedule-I.
(p) iodised salt means salt used for human consumption mixed
with such percentage of iodine as approved by the Salt Commissioner,
Government of India from time to time and
(q) tea (Omitted vide notification No.FDS-A(3)4/95,dated
30.9.96. |
PART-II
LICENSING
OF DEALERS |
3.
Licensing
of Dealers-
(i) No dealer shall, after the commencement of this order,
carry on business of purchase, sale or storage for sale of any
of the trade article mentioned in Schedule I except under and
in accordance with the terms and conditions of a license issued
in this behalf by the Licensing Authority under the provisions
of this order. Provided that no license shall be required for
a dealer who stores for sale or sells at any one time the trade
articles in quantities not exceeding the limits as may be prescribed
by the State Government for any trade article from time to time.
Provided further that a dealer holding a valid license of trade
articles under the various licensing Orders mentioned in Schedule
III may obtain a license for the same trade articles under this
Order with in 30 days of the commencement of this order. His existing
license shall be deemed to be a license issued to him as a dealer
under this Order upto the said day or within such further extended
time as the Licensing Authority may specify with the permission
of the Director, but such period shall not exceed 60 days in any
case.
(ii) For the purposes of this clause, any person who stores any
trade article at any one time in quantities exceeding the limits
prescribed in sub-clause (1) shall, unless the contrary is proved
by him be deemed to be carrying on business as a dealer and to
store the same for the purpose of sale.
4.Issue of license
(1) Every-
(a) application for the grant of a license shall be made
to the licensing Authority in form A along with the prescribed
fees.
(b) license issued under this Order shall be in form C and subject
to the terms and conditions mentioned therein.
(c) licensing Authority shall keep a duplicate copy of
the license in form C .
(d) License shall be valid upto 31st December of calendar
year; and
(e) If a license granted under this Order is defaced ,lost
or destroyed, the licensee shall forthwith inform the Licensing
Authority who may, on application and on the payment of prescribed
fee by the licensee, issue a duplicate license.
(2) A dealer may obtain a license for any one or more trade articles
mentioned in Schedule-I.
(3) A separate license shall be necessary for each place of business.
5.Renewal of license-
(1) An application for renewal of license in Form B shall be
made along with the fee determined under clause 6 to the Licensing
Authority before the expiry of the licesce.Provided that Licensing
Authority may entertain an application upto 31ist March, upon
the payment of late fee as specified below:-
(i) For the first fortnight
Rs.
5.
(ii) For the second
fortnight
..Rs. 10.
(iii) For each subsequent
fortnight
Rs 20.
Provided further
that it shall not be necessary for the licensee to send the license
(in original) to the Licensing Authority for renewal and the licensing
authority shall deliver or convey the renewal of he license in
formC.
Provided that if the license is not renewed within 3 months after
the expiry of the validity of license i.e. upto 31st March of
he year the same shall stand cancelled and the security shall
also stand forfeited to the Government. This cancellation of license
and forfeiture of security does not in any way affect the right
of the dealer to obtain a new license after deposit of the usual
license fee.
Provided further that if the licensee discontinues his business
during the validity of the license he shall have o surrender his
license to the Licensing Authority to claim the refund cried fees
of the security deposit.
(2) The licensee may renew the license for a period upto 3 years
at a time on deposit of the prescribed fee or the relevant years.
6.Fee chargeable-
(1) The fee chargeable in respect of the issue of a license, renewal,
and issue of a duplicate license shall be as under:-
(a) for issue of a license
..
..Rs 15.
(b) for renewal of a license
Rs. 10
(c) for issue of duplicate license ....
.Rs.20
(2)
Mode of payment of license fee-
The prescribed fee for the issue, renewal and issue of a duplicate
license may be deposited in any of the following manner:-
(a) By
cash deposit in the office of the licensing authority against
proper receipt.
(b) By remittance through money order.
(c) By deposit in any of he Government Treasury/Sub-Treasury/State
Bank of India.
(d) By remittance through the Indian Postal Orders.
(e) By any other manner notified by the Director.
(3) The Licensing Authority shall maintain proper account
of the fees so deposited by the licensee.
7.
Deposit of security-
Every dealer applying for a license shall, before such license
issued to him, deposit the security with the Licensing Authority
the sum specified in Schedule-I in cash or in any other manner
as may be specified by the Licensing Authority subject to an directions
issued in this behalf by the State Government for the due performance
of he term and conditions of the license issued to him.
8.
Power to refuse licence-
(1) The Licensing Authority may, after giving the person affected
an opportunity of being heard, and for reasons to be accorded
by him in writing refuse to grant or renew a license.
(2)The Licensing
Authority may also refuse to grant a license for a particular
trade article if:-
(a) a license has already been issued to another dealer at the
same place of business for the trade articles for which the applicant
has applied for.
9.
Addition and alteration to license-
The Licensing Authority may make addition deletions and alterations
in the entries made in the license relating to godown, place of
business name of partners on the application of the licensee.
10.
Contravention of Conditions of Licence
No holder of license issued under this order his agent
or any other person acting on his behalf shall contravene any
of the terms and conditions of the license.
11.
Suspension and cancellation
of license-
(1) f any licensee or is agent or servant or any other
person acting on his behalf contravenes any of the terms and conditions
of the license, then without prejudice to any other action that
may be taken against him under the Essential Commodities Act,1955
(Central Act 10 of 1955) his license may be cancelled or suspended
with regard to one or more trade articles by an order in writing
of the Licensing Authority and entry will be made in his license
relating to such suspension or cancellation.
(2) No order
of cancellation shall be made under this clause unless the licensee
has been given a reasonable opportunity of stating his case against
the proposed cancellation but during the pendency or in contemplation
of proceedings of cancellation of license, the license can be
suspended for a period not exceeding 30 days without giving any
opportunity to the license or stating his case.
12.
Disposal of trade articles when license is suspended or cancelled
-
When a license issued under this Order is cancelled or suspended
, the stocks of trade articles available with the dealer at the
time of such cancellation or suspension, shall be disposed of
by him within 15 days from the date of receipt of the Order of
cancellation or suspension.
13.
Consequences of conviction-
Where is licensee has been convicted by a Court of Law for
he contravention of any Order made under section 3 of the Essential
Commodities Act, 1955 (Central Act 10 of 1955) the Licensing Authority
shall, by order in writing cancel his license after decision of
first appeal if preferred or after the expiry of period of limitation.
14.
Forfeiture of security-
(1) Without prejudice to the provisions of clause II, if the
Licensing Authority is satisfied that the license has contravened
any of the terms and conditions of the license and that a forfeiture
of security deposit is called for, it may, after giving the license
a reasonable opportunity of stating his case, by order, forfeit
the whole or any part of the security deposited by him and communicate
a copy of the order to the licensee.
(2) The licensee shall if the amount of security at any time falls
short of the amount specified in Schedule II of Clause 7 forthwith
deposit, on being required by the Licensing Authority to do so,
further security to make up the deficiency.
(3) Upon
due compliance by the licensee of all obligations under the license,
the amount of security or such part there of which is not forfeited
as aforesaid, shall be refunded to the licensee after the termination
of the license.
15.
The licensee shall not
either by himself or by any persons on his behalf store or have
in possession at any time any trade article mentored in Schedule
1 in quantity exceeding the limits fixed:
(i) under an Order issued by the Central Government,, or
(ii) by the State Government with prior concurrence of the Central
Government by issuing a Notification in Official Gazette.
16.
Returns-
Every licensee shall furnish a return in form D to the Licensing
Authority or any other officer authorized by the Licensing Authority
and in such manner or for such period as may be specified by the
Licensing Authority from time to time. Provided that the onus
of having security periodical return/information shall be upon
the licensee.
|
PART-III
MISCELLANEOUS |
17. Power to call information Issue directions,- Every
licensee shall, when so required by general or special direction
of Licensing Authority, furnish truthfully and to the best of
his knowledge such particulars or information relating to any
trade article, as may be required. The Licensing Authority may
issue directions to any licensee with regard to purchase, sale,
disposal and storage of all or any of the trade articles.
18.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 there upon the Schedules
shall be deemed to have been amended accordingly.
19.The Director shall have all the powers of the Licensing
Authority in addition to the power specified in this order.
20. Appeal,
(1) Any person aggrieved by an order made by the Licensing Authority
may appeal to the Director within 30 days from the date of the
receipt of the order appealed against by the appellant.
Provided that the
Director may transfer an appeal for disposal to:-
(a) any Deputy Director , Food and Supplies, Himachal Pradesh,
if the Order appealed against has been made by the District Food
& Supplies Controller.
(b) the Joint Director Food & Supplies, Himachal Pradesh,
if the original order has been made by the Deputy Director, Food
& Supplies, Himachal Pradesh
(2) No order, which adversely affects any person, shall be passed
under this clause unless such person has been given reasonable
opportunity of being heard.
(3) Pending disposal of the appeal, the appellate authority may
direct that the order against which the appeal is made shall not
take effect until the appeal is disposed of.
21. Review-
On the application from the aggrieved party, the Director
may review his own orders passed while exercising the powers of
Licensing Authority conferred upon him under the provisions of
this order.
22. Revision-
The Director, suo-moto or on an application, may call for
the record of any case, decided by the Licensing Authority under
the provisions of this order and if he is satisfied that the Licensing
Authority:-
(a) Has exercised a jurisdiction not vested in it , or
(b) Has exercised the jurisdiction vested in it, with material
irregularity, or
(c) Has improperly failed to exercise the jurisdiction vested
in it, he may pass such order as he thinks fit.
23. Power of entry, search and seizure etc.-
(1) The Licensing Authority or any other officer not below
the rank of Sub-Inspector authorized by the State Government in
this behalf, within his jurisdiction, may with a view to securing
the compliance of this order or to satisfy himself that this order
has been complied with, such assistance, if any, as e thinks fit-
(a) require, the owner, occupier or any other person incharge
of any place, premises, vehicle or vessel in which he has a reason
to believe that any contravention of the provisions of this order
has been or is being or is about to be made to produce any books
of accounts of documents showing transactions relating to such
contravention.
(b) enter, inspect or break open and search any place or premises,
vehicle in which he has reason to believe that any contravention
of the provisions of this order has been, is being or is about
to be made.
(c) seize any books of accounts and documents which in his opinion
may be useful for or relevant to, any proceedings under the Essential
Commodities Act, 1955 (Central Act 10 of 1955) and the person
from whose custody such books of accounts or documents are seized
shall be entitled to make copies thereof or to take extract there
from in the presence of an officer having the custody of such
books of accounts or documents.
(d) search, seize and remove stocks of trade articles along with
the package, covering or receptacles in which such stock is found,
if he has reasons to believe that any provision of this order
has been or is being or is about to be contravened in respect
of such stock or any part thereof and may also search, seize and
remove the animals, vehicles, vessels or other conveyance used
in carrying the said trade article in contravention of the provisions
of its order and thereafter take or authorize the taking of all
measures necessary for securing the production of stocks of trade
articles and the animals , vehicles, vessels, or other conveyance
so seized before the District magistrate and for their safe custody
pending such production and
(e) for the purpose of such inspection etc. ask any person
all necessary questions.
(2)The provisions of section 100 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) relating to search and seizure shall
so far as may be, apply to searches and seizures under this clause.
24.Exemption-
(1) The State Government may , by general or special order
and subject to such conditions or restrictions as may be specified
in such order, exempt any person or class of persons or firm or
association of persons or any Co-operative Society from the operation
of all or any of the provisions of this order and may at any time
suspend or rescind such exemption.
(2) Nothing in this order shall apply to the purchase, sale or
storage for sale of trade articles on behalf of -
(i) the Central Government or
(ii) the State Government or
(iii) the officers, departments, institutions or other organizations
of the State Government or such agencies as may be approved by
the State Government.
25.Repeal and Savings-
(1) From the date of commencement of this order, the orders
mentioned in Schedule III shall stand repealed and the provisions
of this order shall have effect notwithstanding anything to the
contrary contained in the orders repeated by this sub-clause.
(2)The repeal of the orders referred to in sub-clause (1) shall
not effect anything done or omitted to be done or any action taken
under the orders so repeated and the provisions contained in the
Himachal Pradesh General Clauses Act, 1968 shall apply to such
repeal as they apply to the repeal of any Himachal Pradesh Act.
By order
S.M.KANWAR
Commissioner-cum-Secretary |
SCHEDULE-I |
Part-'A'
(FOODGRAIN) |
|
1.Barley
deleted vide extra Gazette dated 10.6.96
2.Bajra
-do-
3.Jowar
-do-
4 Maize
-do-
5.Minor millets(e.g. Ragi,Koda)
Omitted Gazette dated 10.6.96
6.Milo
-do-
7.Sorghun
-do-
8.Mixture of foodrains(Gujji, Behar etc.)
-do- |
Part
'B' (PULSES) |
|
1.Urad
2.Moong
3.Arhar
4.Masoor
5.Moth
6.Lobia
7.Rajmaha
8. Gram
9.Peas
10. Any other dal |
PART-'E'
(OTHER ARTICLES) |
|
1.Gur
and Khandsari.
2.Iodized Salt
3.Tea
[Omitted vide Notification No.FDS.A(3)4/95, dated 30.9.96] |
SCHEDULE-II
(See clause-7)
|
Amount
of Security.
1. For those Licensees
who deal in all the trade articles included in..................
Rs. 1000/-
Schedule
I or more than one part of trade of Schedule 1.
2. For those who deal in Foodgrains only:
(a) If annual sale of foodgrains exceeds 2400 quintals.................................
Rs. 500/-
(b) If annual sale isles than 2400 quintals but
more than 1200 quintals........... Rs. 300/-
(c) If annual sale is more than 300 quintals but
less than 1200 quintals Rs. 200/-
(d) If annual sale less than 300 quintals ..........
.......... .......... ................. Rs.
100/
3.For those who deal in trade articles mentioned in Part
B,C,D of Schedule-1:
(a) If the annual sale does not exceed 150 quintals
................................. Rs. 200/-
(b) If
the annual sale exceeds 150 quintals...........................................
.. Rs. 500/-
4.For those who deal in articles included in part E of
Schedule-1:
(a) If the annual sale exceeds 250 quintals.............................................
Rs. 500/-
(b) If the annual sale does not exceed 250 quintals..................................
Rs. 200/- |
SCHEDULE-III
(See clause-25)
|
1.The Himachal
Pradesh Foodgrains Dealers Licensing Order,1968.
2.The Himachal
Pradesh Wheat Dealers Licensing and Price Control Order,1973.
3.The Himachal Pradesh Pulses, Edible Oils Seeds and Edible Oil
Dealers (Storage and Licensing Control) Order,1978.
4.The Himachal Pradesh Sugar Dealers Licensing Order, 1967.
5.The Himachal Pradesh Khandsari and Gur Dealers Licensing Order,1967.
|
FORM-A
[See Clause 4(1) (a)]
APPLICATION FORM FOR GRANT OF TRADE ARTICLE LICENCE
To
The
Licensing Authority
..
Sir,
I
hereby apply for the grant of License under the Himachal
Pradesh Trade Articles (Licensing and Control) Order, 1981.
The required particulars are given hereunder: -
1.
Applicants particulars:
NAME
S/O
AGE
Caste
Residential address
of applicant:
(a)
House No.
.
.
(b) Mohalla
(c) Village/town
.
(d) Tehsil
2.
Name/style in which License is required
3.
Situation of applicants place of business
.
(a)
House No.
(b) Mohalla
(c)
Village/town
(d) Tehsil
4.
Name of partners, if any of the firm: -
(a) Shri
S/o
Age
.. Caste
.
(b)
Shri
S/o
Age
..
.. Caste
.
(c) Shri
S/o
Age
.. Caste
.
5.
Particulars of trade articles in which the applicant
wants to carry on business: -
1
2
3
6.
Did the applicant previously hold a License of the
trade articles for which License has now been applied?
If
so, give details: -
(i)
Name of the articles
(ii)
License No
(iii)
Amount of security deposited with challan No. and date
7.
Does the applicant want to get the security mentioned
at item No. 7 above adjusted towards Security of the License
now applied for, if so, give its challan No
..date
and
amount
8.
How long has the applicant been trading in the trade
articles for which the License has been applied?
9.
Particulars regarding stocks of trade articles in
possession on the date of application.
10.
Complete, address (with house No. Mohalla etc. of
godowns or place where trade articles for which license
has been applied will be stored:
1
2
3
4
11.
Has the applicant ever been convicted by a Court
of law for contravention of any order issued under Essential
Commodities Act, 1955 during that 3 years?
12.
Particulars of suspension or cancellation of the
license held by the applicant during last 3 years.
13.
Wherever the applicant was declared or adjudged as
an insolvent by a Court?
14.
Whether the applicant is a lunatic or of unsound
mind.
I
declare that the particulars mentioned at item
No. 1 to 15 above are true to the best of my knowledge and
belief and nothing has been concealed therein.
I
have carefully read the provisions of the HP Trade Articles
(Licensing & Control) Order,1981 and I agree to abide
by them.
Place
..
..
.
Signature of Proprietor/Partner
Date
..
|
|
FORM
B
APPLICATION FORM FOR RENEWAL OF TRADE ARTICLE LICENCE NO
To
The District Food and Supplies Controller,
Sir,
I hereby apply for renewal of my License issued to
me under the Himachal Pradesh Trade Articles (Licensing
and Control) Order, 1981. The required particulars are given
below:
1.
Date on which the license expires
2.
Name in which the license stands
3.
The
renewal is desired for (no. Of years)
4.
Details of the action if any, taken against the Licensee
during the last three years for contravention of an order
issued under the Essential Commodities Act, 1955.
5.
Enclosing Try. Challan for Rs.
. Challan
No.
Date
I
. Hereby declare that the particulars mentioned
above are correct to the best of my knowledge and belief
and nothing has been concealed therein.
Place
.
.
Signature of Applicant
Date
.
Remarks
of the concerned Inspector/Sub-Inspector Food & Supplies.
|
|
FORM-C
[See clause 4(1)(b)]
THE HIMACHAL PRADESH TRADE ARTICLES (LICENSING AND CONTR5OL),
ORDER,1981.
LICENSE
(i)
License No
.
(ii) Security deposited Rs
........... vide Challan No.
and date
.........
(iii)Name of dealer along with partners, if any;
(1)
.
(2)
.
(3)
Terms
and Conditions
(1)Subject
to the provisions of the Himachal Pradesh Trade Articles
(Licensing and Control)Order,1981 and to the terms and conditions
of this License. Mr./M/s
.....
.is/are hereby
authorized to purchase, sell or store for sale the undermentioned
trade articles.
1......
.
2
..
3
.
.
4
.
.
5
..
(2).
(a) The Licensee shall carry on the business of aforesaid
trade articles at the following place.
(b)
Trade articles in which the aforesaid business is
to be carried on shall not be stored at any place other
than the godowns mentioned below:-
1......
.
2
..
3
.
.
4
.
.
5
..
Note:-
If the licensee intend to store the trade articles
in place other than those specified above , he shall give
intimation in writing to the Licensing Authority within
a period of 24 hours of actually storing of these trade
articles therein. He shall also produce the license before
the Licensing Authority within a fortnight of his giving
intimation mentioned above; for the purpose of making requisite
charges;
Provided that the stocks of trade articles held up in transit
for more than 24 hours because of transportation difficulties
or otherwise the licensee shall intimate to the Licensing
Authority of the area concerned about the particulars of
trade articles so held up along with reasons thereof with
a copy to the Licensing Authority who has issued the license.
3.(a) The Licensee shall maintain a stock register of daily
account in Form E for the trade articles mentioned in Schedule-1
showing correctly:-
(i)
The opening stock on each day;
(ii)
The quantities received on each day showing the place from
where and the source from which received indicating Voucher
No. and Date.
(iii)
The quantities delivered or otherwise removed on each day
showing the
places of destination; and
(iv)
The closing stock on each day.
Explanation:-
(a) The licensee may maintain more than one stock Register
for the various trade articles and may allot separate page
(s) for each trade article.
(b) The licensee shall complete the entries in the Stock
Register for each day latest by the beginning of the transaction
on the following day; unless prevented by reasonable cause,
the burden of
proving which shall lie upon him.
(c) A licensee who
himself is a producer of foodgrains, oil seeds or whole
pulses, shall separately show the stock of his own produce
in the stock register, if such stocks are stored in his
business premises.
4.The licensee shall not contravene the provisions of this
Order or any other law relating to essential commodities
for the time being in force.
5.
The Licensee shall not;-
(i)
enter into any transaction involving purchases, sale
or storage for sale of trade articles in a speculative manner
prejudicial to the maintenance and easy availability of
their supplies in the market. Speculative manners includes
stock held without proper vouchers of purchase or sale;
(ii)
sell or offer to sell any trade article at a price
higher than that specified or fixed in respect of such article
under any law for the time being in force;
(iii)
refuse to sell to any person any trade articles kept
for sale at the price specified or fixed under any law for
the time being in force;
(iv)
keep in his possession stocks of trade articles exceeding
the limits fined under clause 13.
6.The licensee shall display a list of prices and stocks
of the trade articles he deals in, in accordance with the
provisions of Himachal Pradesh Commodities Price Marking
and Display Order, 1977.
7.
The Licensee shall issue to every customer of such
trade articles a cash memo or invoice as the case may be,
giving his own name and License No. Name, Address, License
number (if any) of the customer, the date of transaction,
the quantity sold and the price charged. He shall keep a
duplicate of the same to be available for inspection on
demand by the Licensing Authority or any other officer authorized
in this behalf;
Provided
that it shall not be necessary for a retailer to issue any
such cash memo or invoice or to keep any such duplicate
in respect of sale of trade article costing not more than
Rs.25 unless demanded by the customer.
8.The Licensee shall furnish correctly such information
relating to the business as may be demanded from him and
shall carry out such instructions as may, from time to time,
be given by the Licensing Authority.
9.
The Licensee shall give all facilities at all reasonable
times to the inspecting authority for the inspection of
his stocks and accounts at any shop, godowns or other places
used by him for the storage, sale or purchase and for the
taking of samples of the trade articles mentioned in Schedule-1
or .
10.
The licensee shall comply with any direction that
may be given to him by the State Government or the Director
or the Licensing Authority with regard to the purchase,
sale and storage for sale, of these trade articles and in
regard to the language in which the registers, returns,
receipts or invoice shall be written and in regard to the
authentication and maintenance of the register mentioned
in Paragraphs 3 above.
11.
The licensee shall, in case when he functions in
a regulated marketing abide by such instructions relating
to his business as are given by the marketing authority
having jurisdiction, and in any other case by such body
as may be recognized by the State Government in this behalf.
12.
Every licensee shall take adequate measures to ensure
that trade articles stored by him are maintained in proper
condition and that damages to these articles due to ground
moisture , rains ,insects, rodents ,birds ,fire and such
other causes are avoided. The licensee shall also ensure
that fertilizers insecticides and poisonous chemicals likely
to contaminate such articles are not stored along with these
articles in the same godowns or in immediate juxtaposition
to the stocks of the trade articles.
13. The licensee
shall not sell or offer to sell any trade articles at a
price higher than that fixed for that articles by the competent
authority, in pursuance of any power conferred upon it/him
by law.
14.The license shall be valid upto 31st December,
Place
(Licensing Authority)
Date
|
|
FORM-D
[See clause-16]
Return
for the period
.....Name..........................
License No
....................
1.Name
of Trade Article
2.Stocks
at the beginning of day/week/fortnight/month/quarter
..
3.Stocks
purchased or otherwise received during day/week/fortnight/month/quarter
.
4.Total
.
5.Stocks
sold or otherwise removed during the day/week/fortnight/month/quarter.
6.Stocks
at the end of day/week/fortnight/month/quarter.
7.Remarks:-
Place
.
Signature.
Date
.
To,
The Licensing Authority,
.
N.B.:-
1.Weight is to be entered in liters/kg./quintals/tones.
2.Goods pledged with Bank, Co-operative Society etc. are
also to be included in the above figures and a note be given
in the remarks column.
3.Fraction need not be mentioned. Figures may be rounded
off to the nearest liters/kg/quintals/tones.
4.Small packs of hydrogenated vegetable oils, edible oils
or gur, etc. may be first converted into quintals etc. and
then included in this return. |
|
FORM-E
[See condition
3 of the License]
STOCK REGISTER
Name
of trade article
.
1.Date
2.Opening balance
3.Receipts
4.Source of receipts
5.Total(Col.2+3)
6.Deliveries/Sales
7.Place of destination
8.Closing balance
9.Remarks
|
|
FORM-C-1
1.License
no
.
2.Name and address of Licensee
.
3.Period upto which the license is/was valid
..
4.Period for which renewed
.
(Signature
and Stamp of the Licensing Authority).
Place
.
Date
..
Note:- The
Licensing Authority shall keep a duplicate of it along with
the duplicate copy of license issued. |
|
FOOD
AND SUPPLIES DEPARTMENT
NOTIFICATION
Partially modified vide Govt. Notification No.FDS.A(3)3/90-I,
dated 17.,4.1997.
Shimla-2, the 14th April,1981
No.FDS(3)15/80,-
In exercise of the powers conferred by first proviso to
clause 3(1) of the Himachal Pradesh Trade Articles (Licensing
and Control) Order,1981 the Governor of Himachal Pradesh
is pleased to prescribe the limits for different trade articles
specified in column No.1 of the Schedule appended hereto
for which no license shall be required for a dealer who
does not store for sale at any one time the trade articles
exceeding in quantity mentioned against each in column No.2
thereof:-
THE
SCHEDULE II
1.Foodgrains
20 quintals of any one of the foodgrains or upto
60 quintals
of all the foodgrains
2.Pulses
30 quintals of all the foodgrains.
3.Oilseeds including groundnut in shell
50 quintals for all edible oilseeds taken together.
4.Edible oil including Hydrogenated
10 quintals for all edible oil taken together
vegetable
oils
5.Sugar
20 quintals
6. Gur and Khandsari
20 quintals
7. Tea
50 quintals
8. Iodised Salt
20 quintals
By
order
sd//-
Commissioner-cum-Secretary
(
To be published in the Gazette of India ,extra-ordinary
Part-II , section 3(i) , Ministry of Consumer Affairs Food
and Public Distribution)
New Delhi, the 21 Aug, 2001. |
|
|