Gujarat Essential Article (Licensing… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Order
Year	2005
Jurisdiction	State of Gujarat
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	consumer

For office use only GOVERNMENT OF GUJARAT COMPILATION OF Essential Commodities Act, 1955 And State Government’s Statutory Orders Made Thereunder FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Sachivalaya, Gandhinagar.

(As Amended upto 30° November, 1999.)

(As Amended upto 30" November, 1/999.)

Y-1727-{1) PRINTED AT THE CiOVERNMENT CENTRAL PRESS, GANDHINACTAR.

PREFACE The Central Government has issued various Orders from time to time under section 3 of the Essential Commodities Act, 1955, At the same time various Control Orders are issued by the State Government tinder section 3 of the Esser-1at Com-nodities Act, 1955. The two major Control Orders issued by the State Govermment’ are the Gujarat Essentiai Articles (Licensing, Control and stock Deglaration) Order. 1981 and the Crip.

Essential Articles Dealers (Regulation) Order, 1977.

The scope of this booklet has been restricted to a compilation of the major orders made by the State Government under the Essential Commodities Act. 1955.

Every sincere effort has been made to achieve correctness in compiling and publishing this booklet.

However. in case of doubt and for the purpose of legal authority, a reference should-be made to the original Act or Orders. as published in the Government Gazette from time to time.

It is hoped that this compilation would facilitate quick and correct access to statutory provisions and add to the convenience of the officers and staff of the State Government and of the public associated with the law relating to essential Commodities.

We would appreciate if any error or omission in this compilation brought to the notice of the Department.

Narendra Modi H. K. Dash Bharat Barot Chief minister Secretary to Minister of State Government of Gujarat. Government of Gujarat, Food. Civil Supplies and Sachivalava, Gandhinagar. Food. Civil Supplies & Consumer Affairs.

Consumer Affairs Department. (Independent Charge) Sachivalaya, Gandhinagar. Government of Gujarat.

Sachivalava, Gandhinagar - H.B. Varia Director of Civil Supplies & Addl. Secretary, / Food, Civil Supplies and Consumer Affairs Department.

Sachivalaya, Gandhinagar.

Zi THE GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK-DECLARATION) ORDER, 1981.

Y¥-1727-6 23 FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya. Gandhinagar, 20th April, 1981.

(Amended upto 30-9-1999) ESSENTIAL COMMODITIES ACT, 1953.

No. GTH/81/14/BCA/1181/537/B.-Whereas the Government of Gujarat is of the opinion that it is necessary and expedient so to do for maintaining supplies of certain essential commodities and for securing their equitable distribution and availability at fair prices.

Now. therefore. in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1953 (10 of 1955) read with the Order of the Government of India, Ministry of Industry and Civil Supplies (Department of Civil Supplies and Co-Operation) No, §. O. 681 (E) dated the 30th November, 1974 and 8, O. 682 (E) Dated the 30th November, 1974 and the Ministry of Agriculture (Department of Food) G.S.R. Nos. 452(E) dated 23th October. 1972. G.S.R. 168, dated the 13th March, 1973 and Ministry of Agriculture (Department of Food) G.S.R. No. 800 dated the 9th June, 1978 and with the prior concurrence of the Central Government, the Government of Gujarat hereby makes the following Order, namely:- 1, Short Title, Extent and Commencement.- (1) This Order may be called the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981.

(2) Itextends to the whole of the State of Gujarat.

(3) All clauses of this Order, except sub-clause (6) of clause 18 in so far as it relates to the requirement of permit and paragraph (i) to (iii) of sub-clause (7) and sub-clause (8) of the said clause 18 shall come into force on the 20th April, 1981 and sub-clause (6) of clause 18 in so far as it relates to the requirement of permit and paragraph (i) to (iii) of sub-clause (7) and sub-clause (§) of the said clause 18 shall come inte force on such date as the State Government may, by notification in the Official Gazette, appoint.

2, Definitions.- In this Order, unless the context otherwise requires,

(1) “the Act” means the Essential Commodities. Act, 1935 (10 of 1954),

(2) “bulk consumer” ,-

(a) in relation to pulses, edible oilseeds and edible oils, means a hotel, a restaurant, a halwai, and educational institution with hostel facilities. a hospital or a religious or charitable institution, and

(b) in relation to essential articles other than those referred to in paragraph (a), means a consumer permitted by the licensing authority to purchase at a time any quantity exceeding such quantity of the essential article as may be notified by the State Government from time to time in the Official Gazette;

(3) “commission agent” means a commission agent having in the customary course of business as such agent authority either to sell essentialarticles, or to consign essential arlicles for the purpose of sale or to buy essential articles on behalf of his principal;

(4) “consumer” means a person who obtains by purchase or otherwise any essential articles for his consumption or use and not for transfer by sale, distribution or otherwise;

(5) “dealer” means a person. a firm, an association of persons a company, 4 corporation or a cooperative society engaged in the business of purchase, sale or storage for sale of any essential article, whether or not in conjunction with any other business and includes his representative, agent or, as the case may be, commission agent; but does not include -

(a) an agriculturist who deals in his own agricultural produce but does not engage in the business of purchase, sale or storage for sale of any essential article not produced by him;

(b) an oil company dealing in petroleum products;

(6) “Director of civil Supplies” includes an additional Director of Civil Supplies:-

(7) “Director of Food” includes an additional Director of Food:

(8) “essential article” means an article specified in the Schedule I;

(9) “form” means a form appended to this Order:

(10) “Khandsari” means sugar in the manufacture of which neither a vaccum pan nor vacuum operator is employed;

(11) “licence” means a licence issued under this Order:

(12) “licence holder” means a dealer or, as the case may be producer holding a licence under this Order;

(13) “licensing authority” means,-

(a) in relation to the City of Ahmedabad as constituted under the Bombay Provincial Municipal Corporations Act, 1949, the Deputy Food & Civil Supplies Controller;

(b) in relation to any other area, a Mamlatdar or a Mahalkari, within his respective jurisdiction, and

(c) in relation to such area as may be specified by the State Government, any other officer appointed by it, as the licensing authority in addition to the licensing authority specified in paragraphs (a) or (b);

Note:- Vide Order No. GTH-8 1l-40-ECA-1281-6109-B, dated 18-5-198 1 issued under paragraph (c) of subclause (13) of clause 2, as amended vide Order No. GTH-98-20-ECA-1098-363-B, dated 14-5-1998, the Government has appointed the following officers as Licensing Authority, except for clauses 4, 5, 6, 7 and L7.

SF. Officer Area No.

1. District Supply Officer Within his jurisdiction 2 Supply Mamlatdar, Gandhinagar, --do -

3. Joint Director in the Office of the Director of Civil Supplies Gujarat State 4 Deputy Director in the Office of the Director of Civil Supplies - do —

(14) “Oil company” means any company dealing in any of the petroleum products and includes the Indian Oil Corporation Lid. (TOC), Indo-Burma Petroleum Company Limited (IBP), Hindustan Petroleum Corporation Lid. (HPC) and the Bharat Petroleum Corporation Limited (BPC);

(13) “Permit” means a permit issued in Form E under this Order:

(16) “Permit officer” means -

(a) in relation to thé whole of the State-

(i) the Director of Civil Supplies, Gujarat State.

(ii) the Director of Food, Gujarat State;

(b) in relation to the city of Ahmedabad as constituted under the Bombay Provincin! Municipal Corporation Act, 1949, the Food and Civil Supplies Controller, Ahmedabad City :

(¢) in relation to the area within his or its jurisdiction.-

(i) the Collector of a district;

(ii) a licensing authority, and

(d) in relation to such area as may be specified by the State Government any otter officers ‘ed by it as a permit officer in addition to the permit officer specified in paragraph .. 5, (b) or (c):

b a 25

(17) “Producer” means a person carrying on the business on the business of milling, expelling. extracting refining or manufacturing of any essential article -

(i) by buying goods 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, refining and manufacturing on behalf of another.

Explanation :- For the purpose of this clause. an agriculturist producing the agricultural produce in his own land shall not be construed as a producer;

(18) “retailer” means a dealer who sells essential articles to consumers and holds a retailer's or hawker’s licence issued under this Order:

(19) “place of business” means any place where a dealer or, as the case may be producer sells any of the essential articles;

(20) “pulses” means tur, urad, moong, arhar, masoor, lobia, rajmaha, gram including pease or any other dal, whether whole or split, with or without husk,

(21) “sale” in relation to any kind of essential article includes supply or distribution of an essential article and the word “sell” with all its grammatical variations congnate expression shall be construed accordingly;

(22) “State Government” means the Government of the State of Gujarat;

(23) “Schedule” means a Schedule appended to this Order;

(24) “sugar” means any form of sugar, containing more than 90 per cent of sucrose but does not include khandsari and includes freesale sugar and levy sugar;

(25) “wholesaler” means a dealer who sells essential articles to retailers other dealers or bulk consumers and holds a wholesaler’s licence issued under this Order;

(26) “working hours” means working hours of a dealer or as the case may be .of producer in respect of his business immediately prior to the issue of this Order:

(27) “year” means a year reckoned according to the British Calendar,

3. Licensing of Dealers and Producers.- (1) On and after the 20th day of April. 1981 no person shall carry on business as a dealer in:-

(a) edible oilseeds including groundnut in shell, edible oils inchiding hydrogenated vegetable oils, foodgrains, pulses. khandsari and-sugar if the stock of such essential article in his possession at any time exceed the quantities specified, against it in the table below; and

(b) (*) petroleum products. except under and in accordance with the terms and conditions of a licence granted under this Order. .

TABLE Sr. Essential Articles Stock limit No.

E Edible oilseeds including groundnut in shell 30 = quintals of edible oilseeds

2. Edible oils including hydrogenated vegetable oils

(a) any one edible oil 5 quintals

(b) all edible oils taken together 10 quintals 5, Food grains- 73 quintals

(a) any one foodgrain, *The words “Cements or “deleted vide Order No: GTH-88- 40-CMT-108- 758-8. dated 15-12-1988 Y-1727-7 - Sr. Essential Articles Stock limit No.

(b) all fooderains taken together, 150) quintals.

4, Pulses. 25 = quintals forall pulses taken together.

a Khandsari and Sugar 25 = quintals.

(2) On and after the 20th day of April, 1981 no person shall carry on business asa producer in essential article except under and in accordance with the terms and conditions of a licence granted under this Order.

(3) Notwithstanding the repeal of the Gujarat Sugar and Khandsari Dealer Licensing Order, 1963, the Gujarat Pood grains Dealer Licensing Order, 1972, the Gujarat Pulses, Edible Oilseeds and Edible Oils Dealers Licensing Order, 1977, the Gujarat Cement (Licensing and Control) Order, 1978 and the Gujarat Petroleum Products (Licensing, Control and Stock Declaration) Order, 1979 by clause 29 where a person who is required under this Order to hold a licence for carrying on business as dealer or, as the case may be. a producer in any essential article holds immediately before the commencement of this Order a valid licence under any of the repealed orders for dealing in any such essential article, such licence shall be deemed to be a licence issued to hirn under this Order in respect of such essential article and such licence shall remain in force till the date of issue of a licence under this Order, if an application for issue of such licence is made before [31st July, 1981]*

(4) Where a person not being a person to whom sub clause (1) or (2) applies but sub-clause (3) does not apply makes an application within fifteen days from the date of this Order or, as the cuse may be. the date of application of sub-clause (1) or (2), an application for a licence under this Order, such person shall nat be deemed to have contravened the sub-clause (1) or sub-clause (2) if he carries on business as a dealer or, as the case may be a producer in any essential article till the day he is granted or, as the case may be. refused a licence. under this Order.

Note ;- Vide Order No. GTH-99-23-PRC-109-657-B, dated 304-1999 issued under sub-clause (1) of clause 27, the Government has exempted “Huller” (one type of small tice mill) from obtaining license required under clause 3.

4. Issue of Licence,-(1) Every application for issue or re-issue of a licence or renewal thereof shall be made to the licensing authority in Form *A’.

(2) Every licence shall be issued, re-issued or renewed in Form ‘B’.

*(3) Every Licence issued under this order shall be non-trasnsferrable.

>. Period of licence and fees chargeable .-(1) Every licence granted under this Order shall be valid for a period of five years from the 1st January of the year in which it is issued and may be renewed for a period of five years If an application for the renewal thereof is made within a period of its validity:

Provided that a licence issued after the 13th October of an year shall be valid upto the end of five years beginning from the next succeeding year:

Provided further than an application for renewal of a licence madé before the end of February immediately following the date of expiry of the licence, may for sufficient reasons to be recorded in writing by the licensing authority be entertained by the licensing authority and the licence may be renewed:

“Provided further that a non-renewable license may be issued by the licensing authority if an application is made for the same:

“Provided further that all provisions in the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981] relating to the renewal of a license shall not be applicable in the case of a non-renewable license.”

(2) When an application for renewal of a licence made either within the period of validity of the licence under sub-clause (1) or before the end of February under the second proviso to sub-clause (1), the licence holder shall be deemed to be duly licenced tll the date on which the licensing authority either renews or refuses to renew the licence.

‘Substituted Wide Order No. GTH-81-25-ECA-1781-2065-B. dated 30th June. 1981.

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(3) The holder of a licence may obtain from the licensing authority a duplicate of the licence issued to him, if such licence is lost, destroyed or defaced.

(4) The fees prescribed sha'l be chargeable in respect of each licence as shown in the Table-A and Table-B hereunder:- TABLE-A.

(For license granted for five years, and renewable) Producer Wholesaler Retailer Hawker or commission Agent.

Rs, Rs. Rs. Rs.

(i) For issue of licence 1O00 SiO) 200 Loo)

(ii) For renewal of a licence. 5010 250 LOO l 50

(ili) For issue of a duplicate license. 20K) 100 70) 15 TABLE-B.

(For non- renewable license) Producer Wholesaler Retailer Hawker or , commission Agent.

Rs. Rs. Rs. Rs,

(i) Forissue of licence S000 3000 2000 50)

(ii) Forissue of a duplicate license. 200 100 70 15

Provided that no fees shall be chargeable for the issue of a duplicate licence in case the original license is lost or destroyed on account of flood, fire or such other calamity, if the licensing authority, on production of evidence, if any, by the license holder, is satisfied that such loss or destruction was on account of any such calamity.

(3) A separate licence shall be obtained by a dealer or, as the case maybe, by a producer for each place of his.

business.

(6) Where any dealer carrying on business of purchase, sale, storage for sale in.essential articles, as the case maybe by any producer carrying on business of milling, expelling, extracting, refining, manufacturing of any essential articles, holds on the date of commencement of this order a valid license:-

(a) under the Gujarat Sugar and Khandsari Dealers Licensing Order 1963, auhorising him to purchase.

sell or store for sale sugar and Khandsari or both or any of them, or

(b) under the Gujarat Foodgrains Dealers Licensing Order, !972 authorising him to purchase. sell or store for sale all foodgrains or any of them, or (¢) under the Gujarat Pulses, Edible Oilseeds and Edible Oils Dealers Licensing Order, 1977 authorising him to purchase. sell or store for sale or manufacture of any edible oil or to mill any pulses, or (<) under the Gujarat Cement (Licensing and Control!) Order, 1978 wuthorising him to purchase, sell or store for sale cement, or (¢) under the Gujarat Petroleum Products (Licensing, Control and Stock Declaration’ Order, [970 authorising him to purchase, sell or store for sale petroleum products, which would have continued to be operative for any period beyond 31st December, 1981 after the commencement of this Order but for the i‘ 28 repeal of the Orders referred to in paragraphs (a), (b), (c), (d) and (e) no fee shall be chargeable for a licence issued to him under this order to carry on the said business, for the unexpired period of the licence held by him under the repealed order; if such dealer or as the case maybe, such producer makes an application on or before the (31st July, 1981)* *6. Deposit of Security.- (1) Every person applying for a licence under this order shall before such licence is issued to him deposit with the licensing authority incash or in the form of National Saving Certificates or any other Security issued by the Government of India or any State Government, or any local authority, by way of security for the due performance of the conditions subject to which the licence is granted to him -

(1) anamount of Rs. 15,000/- if such person is a producer/manufacturer.

(Rupees Fifteen thousand only) {ii} an amount of Rs. 6,000/- if such person is a wholesaler or as the case maybe (Rupees Six thousand only) commission agent.

(ii) an amount of Rs. 2,500/- if such a person is a retailer and (Rupees Two thousand five hundred only)

(iv) an amount of Rs.500/- if such person is a Hawker.

(Rupees Five Hundred only)

Provided that a licence holder who has deposited any amount by way of security under any of the Orders repealed under clause 29 shall.-

(i) not be required to deposit any fresh amount under this clause if the amount so deposited by him under any of the repealed Orders is equal to or more than the amount required to be deposited by him under this clause, and

(ii) be required to deposit such amount only by which the amount so deposited under any of the repealed orders falls short of the amount required to be deposited by him under this clause, if the amount deposited as aforesaid is less than the amount required to be deposited under this Order.

(2) The amount of security deposited under any of the Orders repealed by this order shall, for the purpose of clause 10, be deemed to be-the amount of security deposited under this order.

7, Power to refuse licence.- (1) The licensing authority may, after giving the applicant an opportunity of stating his case and for the reasons to be recorded in writing, refuse to grant or renew a Licence.

(2) The licensing authority shall refuse to grant or renew a Licence if :- (a} the applicant is a miwor or a lunatic or is of unsound mind: or

(b) the applicant is an undischarged insolvent; or

8. Suspension or cancellation of licence for contravention of order or condition of licence.- (1) No holder of a licence issued under this order or his agent or servant or any other acting on his behalf shall contravene any of the terms or conditions of a licence issued to him end if any such licence holder or his agent or servant or other person acting on his behalf contravenes any of the terms or conditions then, without prejudice to any of the action that may be taken against him, his licence may be cancelled or suspended with regard to one or more essential articles by an order of the licensing authority in writing.

Provided that no order shall be made by the licensing authority under this clause unless the licence holder has been given a reasonable opportunity to stating his case to that authority against the proposed cancellation or suspension not being suspension referred to in the sub-clause (2) during the proceeding for cancellation of a licence,

(2) Where the licensing authority is prima facie satisfied that there is a case for cancellation of the licence it may suspend the licence for a period not exceeding 90 days during which period the authority shall consider and finally decide. :

* Substituted vide onder No, GTHVS L/2S/DeC as 178 1/2065/B, dt 30th June, 181 * Substituted vide order No. GTH/OO LARC AS1085/1057/B, dt. 1-1-1444).

29 f 9, Cancellation of licence on contravention of an order under the Act.- Notwithstanding anything contained in clause &, where a licence holder has heen convicted by a Court of Law in respect of contravention of any order made under section 3 of the Act the licensing authority may by order in writing cancel his licence:

Provided that where such conviction is set aside in any appeal or revision the licensing authority may, on an application in form-A by the person whose licence has been cancelled, reissue the licence to such person upto the period mentioned in the licence so cancelled and no fee shall be chargeable in respect of such reissue of licence for that period.

10. Forfeiture of security deposit.- (1) Without prejudice to the provisions of clause 8, if the licensing authority is satisfied that the licence holder has contravened any of the provisions of this order or any of the terms or conditions of the licence and the forfeiture of the security deposit is called for, it may, after giving the licence holder a reasonable opportunity of stating his case to it against such forfeiture, by order, forfeit the whole or any part of the security deposited by him and shall forward a copy of the order to the licence holder:

Provided that the amount so for feited shall not exceed the amount of security required to be deposited by licence holder under sub-clause( 1) of clause 6.

(2) The Licence holder shall, if the amount of security at any time falls short of the amount specified in clause 6 forthwith deposit further security to make up that amount on being required by the licensing authority to do sa.

(3) Upon due compliance by the licence holder of all terms and conditions of the licence, the amount of security or such part their thereof which is not forfeited as aforesaid shall be returned to the licence holder after the termination of the licence by the licensing authority.

11. Appeal.- (1) Any person or, as the case may be, any licence holder aggrieved by any order of the licensing authority refusing to issue, reissue or renew a licence or cancelling or suspending a licence or forfeiting the security deposited by the licence holder under the provision of this order may within 30 days of the date of the receipt by him of such order, appeal -

(a) to the Food and Civil Supplies Controller, Ahmedabad in the case where the person resides in or, as the case may be, the dealer or the producer has obtained a licence in respect of his business in the city of Ahmedabad as constituted under the Bombay Provincial Municipal Corporation Act, 1949 and the licensing authority which made the order is lower in rank than that of Collector.

(b) To the Collector of a district in the case where the person resides in or, as the case may be, the dealer or the producer has obtained a licence in respect of his business in a district and the licensing authority which made the order is lower rank than that of a Collector.

(ba) To the Director of Civil Supplies where the Licensing authority which made the Order is a Joint or Deputy Director of Civil Supplies.

(c) To the State Government, where the licensing authority which made the order is not lower in rank than that of a Collector:

Provided that the appellate authority may admit an appeal after the expiry of the said period of 30 days, if the appellant satisfies it that he had sufficient cause for not preferring the appeal within such period.

(2) No order affecting the aggrieved person or dealer or producer shall be made under this clause unless the aggrieved person or dealer or producer has been given a reasonable opportunity of stating his case.

(3) Pending the disposal of an appeal, the appellate authority may direct that the order refusing to renew or reissue a licence or the order not take effect until the appeal is disposed of 12, Revision.-(1) The State Government may call for and examine the record of any proceedings of the licensing authority or the Collector, or the Food and Civil Supplies Controller, Ahmedabad City, as the case may be, for the purpose of satisfying itself as to the legality or propriety of any order passed in such proceedings or as to the regularity of such proceeding and if it shall appear to the State Government that such order or proceedings should be modified, annulled or reversed it may pass such order thereon as it deems fit-

Provided that no order shall be made under this clause unless the person whois likely to be affected thereby has been given a reasonable opportunity of stating his case.

** Inserted vide Order No. GTH/90/26/EC A/1098/363/B, dated the 28th July, 1998.

¥-1727-8 30

(2) Pending disposal of the revision proceedings under this clause the State Government may direct that the order refusing lo renew or reissue a licence or cancelling or suspending a licence or forfeiting the security deposit shall not lake effect until an order is passed under sub-clause (1).

13. Reasons not be disclosed in Public Interest.-Nothing in the foregoing provisions shall be deemed to require the licensing authority or. as the case may be, the appellate authority or the State Government to communicate the reasons for rejecting any application for a licence or for renewal of a licence or cancelling or suspending a licence granted under this order if it satisfied that it would not be in the public interest so to do.

14. Expiry or cancellation of licence not to effect past action ete.-The expiry of the period of a licence issued under this Order or the cancellation of the licence under the foregoing provisions of this Order or the termination of the licence by the licence holder shall not-

(a) affect the previous operation of the licence which has so expired or which is cancelled or terminated oranything duly done or suffered thereunder, or

(b) affect any right. privilege, obligation or liability acquired, accrued or incurred under the licence so expired, cancelled or terminated, or (c} affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the licence so expired, cancelled or terminated, or

(d) affect any investigation. legal proceedings 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 may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed us if the period of the licence had not expired or the licence had not been cancelled or, as the case may be. the licence had not been terminated.

15. Restriction on Possession of essential articles.- (1) No persons shall either by himself or by any person on his behalf store or have in his possession at any time any essential articles mentioned in the Schedule - | in excess of the quantity fixed under any order issued by the Central Government or State Government or under the direction issued by the State Government under this Order.

(2) Nothing in this clause shall apply to an oil company in so far as Petroleum products specified in the Schedule-| are concerned.

16. Opening Stock price and working hours to be displayed at place of business.- Every dealer or producer shall display at a conspicuous place of his business premises, the daily opening stock of essential articles, wholesale or, as the case may be. retail prices of such essential articles and the working hours, in Gujarati language and in the manner so as to be easily accessible for consultation by the consumer ;

Provided that where any essential article is out of stock there shall be written in the display against the essential article the words “OUT OF STOCK” instead of the prices:

Provided further that where retail price of any essential article is fixed by the Central Government or the state Government or manufacturer or distributor, the retail price so displayed shall not execed the retail price so fixed, Note :- (1) Vide Order No. GFTH/99/ 1 HECA/1181/537/Part-1/B, dated 6-4-1999 issued under sub-clause (1) of clause 27, the Government has exempted a dealer in petrol. high speed diesel oil and light diesel oil from displaying the opening stock as required under the provisions of clause 16.

(2) Vide Order No. GTHOOS/I4/ECAl L181/537/Part-l/B, duted 6-4-1999 issued under sub-clause (1) of clause 27, the Government has exempted every producer from the operation of the provisions of clause 16.

17. Submission of Returns.- (1) every licence holder shall furnish a true return duly signed by him for every fortnight in Form “C” so as to reach the respective licensing authority (a) on or before every 20th day of the respective month for the first fortnight and (b) on or before every 3th day of the next following month for the second fortnight.

Note (1) Vide Order No. GTH/99/15/2CA/1181/537/Part-L/B, dated 6-4-1999 issued under sub-clause (1) of clause 27, the Government has exempted a dealer in petrol, high speed diesel oil] and light diesel oil from the Al operation of the provisions ol clause 17 (1).

(2) Vide Circular No. EC.A/1181/537/Part-L/B, dated 20-4-1999 issued under sub-clause (2) of clause 17, the Government has ditected that instead of the interval stated in sub-clause (1) of clause 17. the return in Form “C* shall be required to be furnished as below:-

(a) Every producer shall be required to furnish a return for the month so as to reach the licensing authority on or before the 10th day of the next following month.

(b) A dealer in an essential article included in the public distribution system (wheal, rice, sugar and kerosene) and edible oils and edible oilseeds shall be required to furnish a return for the month so as to reach the licensing authority on‘or before the [0th day of the next following month.

(c) A dealer not covered under paragraph (b) above shall be required to furnish a return for every quarter (three months of the calendar year) so as to reach the licensing authority on or before the 13th day of the month next following the quarter.

(2) Notwithstanding anything contained in sub-clause (1), the State Government or the Director of Civil Supplies or the Director of Food or the Coniroller of the district or the Food and Civil Supphes Controller, Ahmedabad City, or the licencing authority, may direct the licence holder, to submit a return to in sub-clause (1) in form *C’ to the concerned authority at the intervals of such period and in such manner as may be specified in such direction.

18. General conditions for dealers.- A licence holder under this Order shall, apart from any special conditions that may be imposed by the licensing authority, observe the following general conditions :-

(1) Every person holding in stock or engaged in the production or in the business of buying or selling of any essential article shall sell to the State Government or to such officer or agent of the State Government or to such Corporation owned or controlled by the State Government or such person or class of persons, the whole or a specified part of his stock at such prices and in such manner as may be specified in the order issued by the State Government in this behalf.

Explanation :- For the purpose of this clause the prices payable to a person who is required to sell the whole or a specified part of his stock of essential articles shall be determined by the State Government in accordance with the provision of sub-section (3), (3-B) or as the case. may be, (3-C) of section 3 of the Act.

(2) No dealer or Producer shall refuse to sell any essential article to any dealer or as the case may be, consumer on any day during the working hours while having the stock of the same with him:

Provided that where the distribution of the essential article is regulated by directions, if any, issued to the dealer or us the case may be producer under clause 24 or, where such distribution ts regulated by permit under this clause 18 the dealer or producer shall not sell the essential article to any consumer unless it is on accordance with such directions. or, as the case may be, against a permit.

(3) (i) No dealer or his agent or his representative or a person working on his behalf shall sell or offer to sell, or as the case may be. deliver, dispose of or, distribute at any place other than the place of business as shown in the licence, the stock of any essential article obtained or as the case may be received by him trom the producer or the wholesaler.

(ii) No transport operator who has obtained or, as the case may be, received on behalf of a dealer any essential article from a producer or, as the case may be, from the wholesaler, shall deliver or offer to deliver stock of such essential article so obtained or as the case may be so received at any place other than the place of business of the concerned dealer and so such transport operator shall dispose of or distributes such essential article.

Note :- Vide order No. GTH/99/26/PRC/1097/1610/B, dated 7-5-1999 issued under sub-clause (1) of clause

27. the Government has exempted all persons, other than those dealing in or transporting articles covered under the Public Distribution System, from the operation of items (i) and (it) of sub-clause (3) of clause 18.

(4) (i) Every producer or as the case may be, wholesaler shall issue to every transport operator transporting the stock of any essential article from his installation or depot or the place of storage, a correct invoice or a gale pass, as the case maybe, showing the producer’s or wholesaler’s name, address, the name and address of the : 32 consignee, the date and time of the delivery and quantity delivered and shall keep a duplicate of the same to be made available for inspection on demand by any officer specified in clause 26 or, as the case maybe, by any officer authorised inthis behalf,

(ii) Every transport operator to whom an invoice or a gate pass, as the case may he, issued by a producer or a wholesaler under paragraph (i) shall, where the stock of the essential article ts in transit, retain with him such invoice or gate pass and make it available for inspection on demand by any officer specified in clause 26 or the authorised officer and shall deliver the same to the consignee dealer at the time of the delivery of such stocks,

(5) Notwithstanding anything contained in clause 15, every person not being a licence holder who has on the date of the notification fixing the limits of stocks or any time thereafter in his possession or under his control any essential article in excess of the limits which may by a notification in the official gazette be fixed by the State Government shall within three days after the issue of such notification or within two days from any date thereafter when the stock exceeds such limit, make a declaration in writing to the concemed licensing authority showing therein his name, address and quantity of each kind of essential article in his possession or under his control.

Provided that such person shall not have in his possession or under his control stock of any essential article im quantity exceeding such limits beyond peniod of fifteen days after such declaration without obtaining the prior permission thereof from the licensing authority:

Provided further that where the licensing authority grants under the first proviso permission to a person to have in his possession or under his control, stock of any essential article exceeding the limits aforesaid such person shall make on or before the fifth day of every month a declaration of stock in writing to the licensing authonty showing therein his name, address, and the quantity of essential articie held by him.

Provided also that such person shall abide by such directions as the State Government, the Director of Civil Supplies, Gujarat State, the Director of Food, Gujarat State, the Collector of the District, the Food and Civil Supphes Controller, Ahmedabad City or the licensing authority may, by general or special order, issue for the disposals of the stock of essential article in excess of the aforesatd quantity in his possession or under his control.

(6) No person other than a licence holder or, as the case may be, a person exempted by a general or special order issued under clause 27 shall acquire any essential article except under and in accordance with the permit in Form *E" issued to him by the permit officer of where the provisions requiring such permit is not in operation except in accordance with the distribution system introduced in pursuance or the directions issued under clause 24 or 25,

(7) (i) Any person desiring to obtain a permit for purchase of any essential article for use shall make an application, in duplicate in Form *D" to the permit officer.

(ii) On receipt of an application under paragraph (i), the permit officer may issue a permit in Form ‘E’ for the Quantity Approved for such supplies. Every such permit shall be subject to the conditions mentioned in the permit.

(iii) Where the provisions requiring permit are in operation no licence holder shall sell any essential urticle to any pérson except in accordance with the terms and conditions of a permil issued to such person.

(iv) Where the provisions for requiring permit are not in operation or no direction is issued under clause

24. the licence holder shall sell an essential article in accordance with the terms'and conditions of his licence.

(v) Where any direction 1s issued under clause 24, no dealer or as the case may be, producer shall sell any essential article lo any person except in accordance with such direction.

(vi) Where the provisions requiring permit are not In Operation or no direction Is issued under clause 25, a person other than a licence holder or as the case may be, a person specially exempted by general or special order issued under clause 28 may acquire any essential article in accordance with the other provisions of this order.

(8) (i) The permit officer may, at any time after giving the permit holder an opportunity of being heard, revoke the permit issued to him for any of the following reasons, namely:- ‘ - (a) that the permit has been obtained by the permit holder by mis-representation of materia! particulars, 33

(b) that any provisions of this Order or term or condition of a permit has been contravened by the permit holder.

(ii) A copy of the order revoking the permit shall be sent to the permit holder forthwith.

(iit) On receipt of the copy of the order under paragraph (ii), the permit holder shall forthwith surrender the permit to the permit officer,

(9) Where no price for sale of an essential article is fixed under any order made under the Act or under any law for the time being in force, the licence holder shall not charge in respect of sale of such essential article made by him a margin of profit in excess of . -

(a) subject to any margin fixed under paragraph (b), any maximum rate of margin fixed by a representative body of dealers or, as the case may be, of producers for the locality in consultation with licencing authority, or as the case may be, the State Government, or

(b) any rate of margin fixed by the State Government,

19. Restriction on sale, etc. by producer,-No producer shall sell, offer for sale, dispose of, deliver, or, as the case may be, distribute the stock of any essential article allotted to the State Government by the Government of India or an authority authorised by the Government of India, as the case may be, except under and in accordance with the sub-allocation given by the State Government, the Director of Civil Supplies or, as the case may be, an officer authorised by the State Government in this behalf: ;

Provided that in case of producer of petroleum and petroleum products nothing in this clause shall apply to any stock transferred by an Oil Company to another oil company.

20. Restrictions on use or disposal of essential articles.- No essential article specified in Schedule-H acquired by a person other than a dealer or producer or, as the case may be, a person specially exempted by general or special order, whether under a permit or otherwise shall be used for a purpose other than that for which such essential article has been acquired nor shall it be disposed of in any other manner.

Provided that where the essential article so acquired is to be used for a purpose other than that for which it has been acquired or is required to be disposed of in any manner, the person who has acquired the essential article shall intimate the Collector or the Food and Civil Supplies Controller, Ahmedabad City, or the licensing authority or the concerned permit officer, as the case may be, in writing, his proposed change of purpose and reasons thereof and shall not so use so dispose of, except after obtaining prior permission from the Collector or the Pood and Civil Supplies Controller, Ahmedabad City or the Licensing Authority or the permit officer, as the case may be.

21, Power to direct disposal of stock.- Where any person holding any stock of any essential article does nol wish to obtain a licence after the commencement of this Order or where any licence holder holding any stock of essential article does not with to renew a licence or where his application for issue of a licence or renewal thereof has been refused or, as the case may be, his licence is suspended or cancelled, the licensing authority may direct such persons or the licence holder to dispose of his stock of essential articles by sale to such other person or persons or class of persons by such date as may be specified in the direction and the person or, as the case may be, the licence holder shall comply with such directions.

22. Prohibition against sellings at higher price than that fixed or displayed.- No person or as the case may be, license holder shall sell or deliver or dispose of or offer to sell, deliver or dispose or any essential article at a price higher than the fixed by the Government of India, the State Government, the Collector of a district or.

as the case may be, the Food and Civil Supplies Controller, Ahmedabad City, in pursuance of powers conferred by any law for the time being in force or fixed by the producer and where no price is so fixed the price higher than that displayed by him in accordance with clause 16.

23. Maintenance of register of a accounts by dealer or producer.-(1) Every dealer or producer shall maintain a register of daily stock of essential article showing correctly the opening stock for the day. stock received during the day, the place from where and source from which received and stack delivered or otherwise removed and the closing stock of such essential articles in which he carnies on the business as dealer or producer.

(1) The dealer or as the case may be producer, shall complete as fare as possible his accounts for the day ¥-1727-9 34 immediately after closing his business for the day and shall in any case complete the same before opening of the premises the next day.

24. Power to issue directions to dealer or Producer.- (1) The State Government, the Director of Civil Supplies.

the Director of Food, the Collector of a district or any licensing authority may in accordance with the provisions of this order and for ensuring fair and equitable distribution of essential article by general or special order, issuc to any dealer or producer or class of dealers or producers such directions regarding maintenance, of accounts, maintenance of stocks, storage, sale, submission of returns, furnishing information, display of prices, issuance of ‘nvoice or cash memo, weighment, disposal, delivery or distribution of any essential article as it or he may deem fit.

(2) Every dealer or producer to whom any direction is issued under sub-clause (1) shall comply with such direction.

25, Powers to issue directions to persons other than dealer or producer.- (1) The State Government, the Director of Civil Supplies, the Director of Food, the Food and Civil Supplies Controller, Ahmedabad City, the Collector of the District, any licensing authority may in accordance with the provisions of this Order and for ensuring fair and equitable distribution of essential articles, by general or special order, issue to any person of class of persons (other than dealer or producer) such directions regarding -

(i) implementation of distribution system referred to in clause 18.

(ii) acquisition, storage, maintenance of stock and method of purchase of essential articles.

(iii) maintenance of purchase bills and cash memo in respect of purchase of essential articles submissio of returns or furnishing of information, and

(iv) such other directions relating to just, proper and equitable distribution of essential articles, as it or he, as the case may be may deem fit.

(2) Every person other than a dealer or producer to whom any direction issued under sub-clause (1) shall comply with such direction.

26. Power of entry, search, seizure ete.- (1) Any Civil Supply Officer not below the rank of a Supply Inspector, any Revenue Officer, not below the rank.of a Deputy Mamlatdar, or any police officer not below the rank of sub-Inspector and any other officer not below the rank of a class-IT Gazetted Officer authorised by the State Government in his behalf may with a view to securing compliance with this Order and to satisfying himself that this Order has been complied with -

(i) enter and search any premises, vehicles, vessel or other conveyance with such assistance as may be necessary.

(ii) ask of any person all necessary questions.

(iii) examine any book or documents.

(iv) search and, so far as may be necessary for that purpose, detain any person, or seize.

(a) any stock of essential articles in respect of which he has reason to believe that a contravention of the provisions of this Order has been, ts being or is about to be committed,

(b) any package, covering or receptacle in which such essential article is found.

(¢) any animal, vehicle vessel or other conveyance used in carrying such essential articles if he has reasons to helieve that such animal, vehicles, vessel or other conveyance is liable to be forfeited under the provisions of the Act.

(d) any book of acounts of documents which in the opinion of such person may be useful, or relevant to any procieding under the Act 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 therefrom in the presence of an officer having the custody of such books of accounts or documents.

(v) take. or cause to be taken, the weight or measure of all or any of the stocks of essential articles found in on “t y any place.

(vi) direct by an order in writing any persons who owns or is in possession of any stocks of essential articles in respect of which he has reason to believe that a contravention of the provisions of this Order has been, ts being or is about to be committed, noi lo remove or dispose of in any manner such stock of essential articles and the package, covering or receptacle in which such essential articles is found and any animal vehicles. vessel or other conveyance used in carrying such essential articles without further direction from the officer making such or?

(2) The provisions of section 100 of the Code of Criminal Procedure Act, 1973, (Act 2 of 1974) relating to search and seizure shall apply to search and seizure under this clause also:

Provided that if any such place or premises be found locked or unoccupied or unattended by or on behalf of the owners or occupier, the same may in the presence of two witnesses be broken open and entered into for all or any of the purposes aforesaid.

27, Exemption .- (1) The State Government may, if it is necessary in the public interest so to do, by general or special order, exempt any person or class of persons or body of persons whether incorporated or not, from the operation of all or any of the provisions of this Order, for such period and subject to such conditions (if any), as may be specified in such 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 essential articles by or on behalf of-

(i) the Central Government, or

(ii) the State Government, or

(iii) the officers, departments, institutions or other organisations of the State Government or such agencies as may be approved by the State Government.

28. Power of the State Government to suspend all or any of the provisions .- Notwithstanding anything contained in the foregoing provisions of this Order, the State Government may, from time to time, by notification in the Official Gazette suspend for such period as may be specified in such notification, application of all or any of the provision of this Order in the whole State or any part thereof. and may at any time amend or rescind such suspension.

29. Repeal and Saving .- The Gujarat Sugar and Khandsari Dealers Licensing Order, 1963, the Gujarat Sugar (Declaration of Stock) Order, 1966, the Gujarat Foodgrains Dealers Licensing Order, 19772, the Gujarat Pulses, Edible Oilseeds and Edible Oils Dealers Licensing Order, 1977, the Gujarat Foodgrains (Declaration of Stock) Order. 1978 and the Gujarat Petroleum Products (Licensing, Control and Stock Declaration) Order, 1979, are hereby repealed :

Provided that such repeal shal] not affect.-

(a) the previous operation of any order repealed under this clause (hereimafter referred to as the repealed Order) or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed order, or

(d) any investigation. legal proceeding or remedy in respect of any such right, privilege, obligation. liability, penalty, forfeiture or punishment and any such investigation legal proceeding or remedy may be imstituted, continued or enforced and any such penalty, forfeiture, or punishment, may be imposed as if this Order had not issued:

Provided further that, subject to the preceding proviso, an order specified in Schedule-IlT made under the Order so repealed shall, in so far as it is not inconsistent with any provisions of this Order. be deemed to be made under the corresponding provision of this Order and shall, until altered, repealed or amended by any order made under this Order, continue in force accordingly, 37

SCHEDULE-1 [See clause 2(8)] PAR T-I Food Stuffs

(1) *

(2) Paddy

(3) Rice

(4) **

(5) *

(6) = Ci Gace*

(9) Wheat*** B. Pulses including dal whether whole or split with or without husk.

(1) Tur

(2) Moong

(3) Arhar

(4) ****

(5) ****

(6) ®*5

(7) **** Gram

(8) Urad

(9) ##FF (C) Edible Oilseeds

(1) Groundnut shelled or unshelled

(2) Til

(3) Mustard |

(4) Rapeseed

(3) Soyabeen

(6) Imported edible oilseds *Deleted vide Order No. OTH629/ECA/TO8G°GOLIZO0/B, dated 27-10-1986.

+t Deleted vide Order No. GTHASW40V/ECA/LOS6/GOW 1120/8, dated 14-8-1995.

**= Inserted vide Onler Nu. OTH/97/4/ECASTOBE'GODIZ0/B, dated 22-1-1997.

eeet Deleted vide Order No. OTH/SO/27/PRC/1L097/ 1610 B, dated 7-5-1999.

'et¢Deleted vide Order No. OTHS9/27/PRC/1O97/161L0/B, dated 7-5-1999, ¥-1727-10 eg D. Edible Oils

(1) Groundnutoil (including solvent extracted).

(2) Til Oil, Mustard Oil, Rapeseed Oil, Cottonseed Oil, Soyabean Oil, Sunflower Oil,

(3) Hydrogenated vegetable oil.

(4) Imported edible oi] means (a) PalmoleinP (b) Palmoil (c) Soyabean Oil (d) Sunflower Oil or (e) any other edible Oil containing any of the aforesaid Oils.

(5) =* I. Sugar-Khandsari

PART-II Other than Food stuff.

(1) *

(2) Petroleum products namely:

(a) + Kerosene other than the kerosene sold under paralle! Marketing System as defined in the order of the Gavernment of India, Ministry of Petroleum and Natural Gas No. G.S.R. 584 (E) dated the 2nd September, 1993,

(b) **** light diesel oil e.g. Crude oil,

(d) **** Petrol, (e)}++ “Ligquified Petroleum Gas other than the liquified petroleum gas sold under Parallel Marketing System as defined in the Notification of Government of India, Ministry of Petroleum and Natural Gas No. G.S.R. 529(E), dated 3-8-1993, or any other petroleum product specified for the purpose of this order by the State Government by a notification in the official Gazette.

Note :- Vide Notification No. GTH/95/54/PTP/1 195/240 L/B, dated, 4-12-1995, as armended vide Notification No, GTH/98/40/PTP/1195/2401/B, dated 14-12-1998, the State Government has specified “all solvents including Mineral Turperntine Oil which are mixtures of petroleum hydrocarbons” as a petroleum product.

(2) Vide Order No. GTH/98/4 1/PTP/1195/2401/B, dated 14-12-1998 issued under clause 24, the State Government has given certain directions to the producers and dealers of an essential article covered under (1) above. (The order is reproduced on page }

SCHEDULE.-II (See clause 20)

(1) Deleted,

(2) Petroleum Products namely (a) Kerosene (b) light diesel oil (c) high speed diesel oil (d) petrol (e) liquified petroleum gas, #4Deleted vide Order No. GTHRS40/CMT/1088/758/8. dated 15-12-1989, + Substituted vide Order No. GOTH KSN/LOOSS01S/B, dated 22-2-94, = Substituted vide Order No. GTHISS/S1/KSN/1082/4943/B, dated 13th August, 1995.

#2e4 Specified vide Onder No. GTH/81/35/ECA/1181/3236/B, dated 24th August, 1981.

++ Substituted vide Onder No. GTH/P4/S5WKSN/1OO3/3015/8, dated 20-7-94.

SCHEDULE- Ill (See second proviso to clause 29) Sr. No. Food and Civil Supplies Departments Order No. and date.

i: GTH-78 -12-ECA-1277-8369-B dated 21-02-1978.

ni GTH-78-19-ECA-1277-8369-B dated 22-03-1978. -

3. GTH-78-37-ECA-1277-GOI-172-B dated 18-05-1978.

4, GTH-78-43-ECA-1277-8369-B dated 14-06-1978, 5: GTH-79-26-ECA-1277-7869-B dated 24-04-1979.

6. GTH-80-15-ECA-1279-4331-B dated 27-(12-1980.

ae GTH-80-20-ECA-1179-4621-B dated 18-03-1980.

*8. GTH-80-22-ECA-1279-4331-B dated 21-03-198.

a. GTH-80-25-ECA-1179-4621-B dated 05-04-198.

10, GTH-8()-47-ECA-1180-6419-B dated 10-07-1980, Ll. GTH-80-59-ECA-1180-6419-B dated 07-08-1980.

12. GTH-80-66-GAKHAN-1! 180-9295-B dated 07-11-1980.

13, GTH-80-67-CMT-1478-7706-B dated | 1-12-1980, 14, GTH-81-37-ECA-1281-82-B dated 03-03-1981, ThE: GTH-81-8(1)-ECA-1081-411-B dated 06-03-1981.

16. «320 GTH-81-9-ECA-1081-757-B dated 07-03-1981, "Deleted vide Order No. CTH/S2/22/HSDV 128 1/2007/B, dated 24th August, 1982, **Deleted vide Order No. GTH/83/33/ECA/1083/122/B, dated 12th October, 1983.

4] FORM‘*A’ | See clause 4 (1)] THE GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

Application for grant/renewal of licence for essential articles (kind of essential articles to be shown) Applicant's name and age.

Applicant’s residence.

Applicant's profession Category of licence required whether as retailer/hawker/wholesaler/commission agent/Producer. (Stnke oput which is not applicable),

5. Name in which licence is required.

6. Name and address of persons saving interest in the firm* (in capacity of partners) for which licence has been applied for.

7. Whether the applicant is connected in any way with any other firm/licence holder dealing in essential articles ? If 80, in what capacity ?

8. Situation of applicant’s place of business with parliculars as to No. of house, mohalla, town or village, Police station taluka and district.

9. Pull particulars of godowns where the essential articles to be/will be stored.

10, Whether the applicant is a commission agent, distributor, Wholesaler, retailor, howker, Producer or any other kind of deler.

11. Type of business being carried out at present.

12. How long has the applicant been tracing inany of the essential articles’?

13. Did the applicant at any time hold a licence under any of the repealed orders? (If-so, give particulars thereof including its suspension or cancellation, if any).

14, Quantities of cach essential articles handled annually during the last three years.

15. Quantitites of any essential articles or all such essential articles likely to be handled during the current year.

ee **Inserted vide. Order No, OTH/SWV/2L/ECA/LO8388/B, dated 2-7-87.

¥-(727-11

16. | Income tax paid in the two years preceding the year of application (To be indicated separately),

17. Central/Local Sales tax paid in the two years preceding the year of application (To be indicated separately).

MCRD ESS PERE SEE Se

18. Quantity of essential articles or all of such essential articles in the possession of the applicant on the date of application (separate figures are to be eiven for each essential article).

19. Whether the applicant desires to carry on business as a commission agent or wholesaler or retailer or hawker or producer.

20. Has the applicant been convicted in the court for any offence relating to essential articles ? if so, brief details thereof.

| declare that the quantities specified above are in any possession on this day and are held at the places noted above, [ have carefully read the conditions of the licence in Form “B” appended to the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 and I agree to abide by them.

*(a) | have not previously applied for such licences in this district for any of essential articles.

*(b) T applied for such licence in this district for ..................... and was/was not granted a LICENCE OM o.ecceeeseeesceeeeseesseeesneeeetaneers *(c) [ hereby apply for renewal of licence No. ...................---- for period of five years.

*(d) Lhereby apply for the reissue of licence No........-.....sc00000 RE ccs ctaesintbttnnts issucd borne ON ie wid I declare that the particulars given above are correct to the best of my knowledge and belief.

Place :

Dated : Signature of Applicant.

* Strike off the clauses not applicable.

43 £*F ORM B’ [See clause 4(2)] THE GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DEC- LARATION) ORDER, 1981.

Licence for purchase/salo/storage for sale of essential articles, namely :- Licence No. .....ccececececeesseesereseeeeereeee, ft the capacity of *retailed/hawker/wholesaler/Commission agent/Producer.

*‘Non-Transferable*®

PART-1 |. subject to the provisions of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) ORder, 1981 and to the terms and conditions of this licence .. PSbhgicpanadtvexedis sees ABROLE hereby authorised to carry on business of the under mentioned essential atiicles: as a® ‘etal ler/hawker/ wholesaler/commission Agent/Producer.

TET oe SSRI AICS we vacch dstess sovelwagetc aston weeps vusatenbetprernesce er} sceesasnee ten

2. (a) The dealer/producer shall carry on the aforesaid busines at the following place :-

(b) Essential articles in which the aforesaid business as dealer/producer is to be carried out shall not be stored at any plceae other than any of the godowns/storage places mentioned blow :- wee ede bee eee ee Note :- If the licence holder intends storing essential articles at places other than those specified above, he shall give intimation of the actual occupation of any such godowns within 96 house of actual occupation thereof to the licensing authority and shall preserve duplicate copy of such intimation with hirn.

3. Every licence holder shall take adequate measures to ensure that essential articles.stored by him are maintained in proper condition and that damages to essential articles due to ground moisture, rain, fire insects rodents, birds and such other causes are avoided. The licence holder shall also ensure that fertilizers, insecticides and poisonous chemicals likely to contaminate essential articles are not stored alongwith essential articles in the same godown or in an immediate juxtaposition of stocks of essential articles.

4, (1) The licence holder shall except when exempted by the State Government in this behalf, maintain a register of daily accounts relating to the transactions or dealings of each of the essential articles mentioned in paragraph (1) showing correctly :-

(a) the opening stock on each day.

(b) the quantity received by making purchases or otherwise on each day showing the place from * £ Sub stituted vide Order No. GTH-#7-21-BCA-1786-3588 B, dated 2nd July, 1987, * Sirike out which is not applicable.

A4 where and the source from which received.

(c} lhe quantitites delivered or otherwise removed on cach day showing the places of destinatron and (di the closing stack on cach day.

(2) The licence holder shall complete his accounts for each day on the day to which the relate.

unless prevented by reasonable cuase the burden or proving which shall be upon him.

5. The licence holder shall not contravenc the provisions of Gujarat Essential Articles (Licensing Control and Stock Declaration} Order, 1981 or any other order relating to essential articles, issued under the Essential Commodities Act, 1935 (10) of 1955)

6. The licence holder shail not -

(i) Enter into any transaction involving, purchase. sale or storage for sale of any essential articles in a speculative manner prejudicial to the maintenance and easy availability of supplieds of essential articles in the market.

(i) withhold from sale, supplies of essential articles ordinarily kept for sale, or

(iii) subject to condition 8, charge in respect of sale of essential articles made by him a margin of profit in execss ot- Any margin fixed by the State Government and in absence of any margin so fixed any maximum rate of margin fixed by a representative body of dealers or, as the case maybe, of producers for the locality in consultation with the licensing authority or, as the case maybe, the Sate Government.

7. The licence holder shall daily exhibit on a board placed at the entrance or at some other conspicuous part of the premises where he carries on his business, his name the price list of essential articles held by him for sale and the availability or non-availability of stocks of essential articles in legible writing in Gujurati language,

8. The licence holder shall not sell or offer to sell essential articles at a price higher than the pnice, if any fixed under any law for the time being in force or the price so displayed.

. The licence holder shall. except when specially exempted by the State Government or by the licensing authority in this behalf issue to every customer 4 correct receipt or invoice, as the case may be giving his own name, address and licence number, the name address the licence number (if any) of the purchaser, the date of transaction, the quantity of essential articles sold, the price at which itis sold and the total amount charged and shall keep a duplicate of the same to be available for inspection on demand by the licensing authority or any office authorised by it in this behalf ;

Provided that it shall not be necessary to issue such receipt or invoice in respect of retail safe costing not more than fifteen rupees unless demanded by a customer but, true and correct account of such sale showing therein the date of sales, quantity of essential articles so sold and price charged shall be maintained.

LO. The licence holder shall give all facilities at all reasonable time to the licensing authority or any officer specified in or authorised under clause 26 of the Order for the inspection of his stocks and accounts at any shop, godown or other place used by him for the storage, sale or purchase of essential articles and for taking of samples of essential articles for examination.

11. The licence holder shall in a case where the functions in a regulated market, abide by such instruction relating to his business as are given by the marketing authority having jurisdiction and in any other case by such body as may be recognised by the State Government in this behalf.

12. The licence holder shall furnish, in writing, supported by relevant documents, any change in the particulars 45 in Part-I] of licence, to the licensing authority within seven days from the date such change takes place.

13. Any change in (he ownership of business as shown ta Part-I of the licence shall amount to transter of hcence to the ownership so changed resulting in contravention of such-clause (3) of clause 4 of the Order unless such transfer of licence is approved by the licensing authority.

fd. This licence shall be attached to any application for renewal.

15. This licence shall be valid upto the 31st December.

DETAILS ABOUT THE RENEWAZ. GF LICENCE This licence is hereby renewed upte :- Sienature of the Licensing Authority.

(1)

(2)

(3)

(4)

(5) ¥-1727-12 46 PAART -II Names and addresses of person having Interest in the firm/association of persons/Company/ Corporation/Co-operative Society for which the licence has been issued.

Sr. Full Name of person and his Details about the No. postal address Status /Share/Interest.

Place : Signature of Date : Licensing Authority.

FORM- “Cc” (See Clause 17 ) Return to be furnished by the Licence Holder to the concerned Licensing Authority Name of Licence holder with licence no...... ali aie aes : = Name of the eseritial article... .2....-.---ccep-cnesssvecsesseveccanseessersnsnneeverssngecenesnecsrsuezenpeevestersssaees Return for the fortnight: Giglio On 2 cess. .ecicersarecayone nnn eee ee

(1) Opening Stock

(2) Stock received by way of - A. Production /Process B. purchase/any other manner C. Total

(3) Total of (1) and (2)

(4) Stock disposal by way of - A. Process B. Sales

(i) within the State of Gujarat

(ii) outside the State of Gujarat

(111) Total C. Grand Total ~ (5) Closing balance (3) - (4)

(6) Remarks, if any, Date : Signature of the dealer.

Toa, The Licensing Authority (concerned), N. B. (i) Weight is to be entered in quintals/litres

(it) Essential articles pledged with bank ete. are also to be included in the above figures and note be given in remarks column.

(i) Fraction need not be mentioned. Figures may be rounded off to the nearest quintal/litre.

(iv) Small packs may also be converted into quintals ete. and then included in this return.

4. MAJOR ORDERS MADE UNDER THE PROVISIONS OF THE AFORESAID ORDER (LICENSING ORDER-1981) 1727-13 51 FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, 12th November, 1981.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

No. GTH-81-40-BCA-1281-6109-B.— In Pursuance of paragraph (c) of sub-clause (13) of clause 2 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby appoints the officer specified in column 2 of the Schedule appended hereto as the Licensing Authority, except clause 4,5.6,7 and !7 of the above order in relation to the area specified against him in column 3 of the said schedule.

SCHEDULE Sr. No. Officer Area I 2 3 i, District Supply Officer Within his jurisdiction 2 Supply Mamlatdar, Gandhinagar Within his jurisdiction *[3. Joint Director in the Office of the Director Gujarat State of Civil Supplies

4. Deputy Director in the office of the Director Gujarat State] of Civil Supplies By order and in the name of the Governor of Gujarat, R. K. SOLANKI, Under Secretary to Government.

*Inserted vide F.C.S. & C.A.D. Order No. No. GTH-98-20-ECA-1098-363-B, dated 14-5-1998, FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, 8th January, 1982.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

No. GTH-82-2-ECA-1181-5683-B— In Pursuance of paragraph (d) of sub-clause (16) of clause 2 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby appoints the Officer specified in column 2 of the Schedule appended hereto as the permit officer in relation to the area specified in column 3 of the said schedule in addition to the existing permit officer specified in paragraph (b) of said sub-clause (16) of clause 2.

52 .

SCHEDULE Sr. No. Officer Area ] 3 3 l, Food and Civil Supplies (i) The area of the City taluka of Controller, Ahmedabad City. Ahmedabad District,

(ii) The area within the jurisdiction of the Commissioner of Police, Ahmedabad City.

By order and in the name of the Governor of Gujarat, R. K. SOLANKI, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 28th July, 1998.

ESSENTIAL COMMODITIES, ACT 1955.

No. GTH-98-26-ECA-1098-363-B,— In exercise of the powers conferred by clause (1) of sub-section 2 of section 3 of the Essential Commodities Act, 1955, read with the Order of the Government of India, Ministry of Industry and Civil Supplies (Department of Civil Supplies and Co-operation) No. $.0. 681 (E) dated 30th November, 1974 and the Ministry of Agriculture and Irrigation (Department of Food) G.S.R. No. 800 dated Oth June. 1978, the Government of Gujarat hereby makes the following Order further to amend the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, namely :- [; (1) This order may be called the Gujarat Essential Articles (Licensing, Control and Stock Declaration) (Amendment) Orde., 1998.

(2) It shall come into force at once, ba In the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, after subclause (1) (b) and before sub-clause (1) (c) of clause 11, the following shall be inserted:

“(ba) to the Lhrector of Civil Supplies where the licensing authority which made the order is the Joint or Deputy Director of Civil Supplies.” By order and in the name of the Governor of Gujarat, ARVIND AGARWAL Joint Secretary to Government.

53 FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, 6th May, 1994, GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER,

1981.

No. GTH-94-43-SGR-1194-GOI-7-B.— Whereas, it is necessary, in the public interest, so to do, NOW, THEREFORE, in exercise of the powers conferred by sub-clause (1) of section 27 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby exempts persons who import sugar under Open General Licence from obtaining wholesale dealers licence under clause 3 of the said order.

By order and in the name of the Governor of Gujarat, S. D. DAVE, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 30th April, 1999.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

No. GTH-99-23-PRC-1099-657-B.-— In Pursuance of sub-clause (1) of clause 27 of the Gujaral Essential Articles (Licensing, Control and Steck Declaration) Order, 1981, (hereinafter referred as the “said Order”) the Government of Gujarat hereby exempts “huller” (One type of small rice mill) from obtaining license required under clause 3 of the said Order.

By order and in the name of the Governor of Gujarat, G. K. RATHOD, Section Officer.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 6th April, 1994.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

No, GTH-99-13-ECA-1181-537-Part-I-B.— Whereas, it is necessary in the public interest, so to do:

NOW, THEREFORE, in exercise of the powers conférred by sub-clause (1) of clause 27 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, (hereinafter referred to as “the suid V-1727-14 54 t Order”) the Government of Gujarat hereby exempts every dealer in petrol, high speed diesel oil and light diesel oil from displaying the daily opening stock of essential articles as required under the provisions of clause-16 of the said Order.

By order and in the name of the Governor of Gujarat, PL. ZALA, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 6th April, 1999.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981. ;

No. GTH-99-14-ECA-1181-537-Part-I-B.— Whereas, it is necessary, in the public interest, so to do:

NOW, THEREFORE, in exercise of the powers conferred by sub-clause (1) of clause 27 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, (hereinafter referred to as “the said Order”) the Government of Gujarat hereby exempts every producer from the operation of the provisions of clause-16 of the said Order.

By order and in the name of the Governor of Gujarat, P.L. ZALA, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 6th April, 1999.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981, No. GTH-99-15-ECA-1181-537-Part-1-B.— Whereas, it is necessary, in the public interest, so to do;

NOW, THEREFORE, in exercise of the powers conferred by sub-clause (1) of clause 27 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, (hereinafter referred to as “the said Order”) the Government of Gujarat hereby exempts dealer in petrol, high speed diesel oil and light diese! oil from the operation of the provisions of clause-17 (1) of the said Order.

By order and in the name of the Governor of Gujarat, PL. ZALA, Under Secretary to Government.

55 FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 7th May, 1999.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

No. GTH-99-26-PRC-1097-1610-B.— Whereas, it is necessary, in the public interest, so to do;

NOW, THEREFORE, in exercise of the powers conferred by sub-clause (1) of clause 27 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, (hereinafter referred to as “the said Order") the Government of Gujarat hereby exempts all persons, other than those dealing in or transporting articles covered under the public distribution system, from the operation of items (i) and (ii) of sub-clause (3) of clause 18 of the said Order.

By order and in the name of the Governor of Gujarat, P.L. ZALA, Under Secretary to Government.

wert, AWURS YRtSt BA UicSiell Cusidie Meus, MULE QL Hada, nile 242 wee, qeee, wraid miaens alread (uzainu, Maas wal wea mda) mesa, 124.

suis : melwee/e1/Arellw/ioca/rey ior, - yretd widens Alraed (Cuzaeu, Fairer Hr we wmerid) wen ees A sBst--2vall wha acedl 32a, aweid wesie sual suze 22 B %, wi 1eee al dis2ime wal cdl adil e2s zien dea sur NA veuda ousididl aaa 2a S2etdt 282, Cv) zien Werte Kibet stat Devt to wiser sud ava suds acl adi (224) wdleardl soe uél aisiat ale.

(2) wes war wsdl ud wiaoud Hisil maa ah But Da wea ae a sry woul vile s2at Sreodt S14 all (ese gi2t va SAS e921 S2aHi Hera 3 ria Dla ASuer ws warasies uglt saRaHi 2uaal «ale.

(3) sss wet mordl mud za. sud. asidl dia a yed da Maes grat auwell JA vied 521 stl Hq MAUS SRatrtt CLgtA az ata 415 wswe Gulwa seai suadi ale.

(o) Guys a al os yariedl aw earudl eee mde wretdl euuni 625 Siar aed dae east MAHL MS ae ail sia a Ba ueBia s2ard zea.

eA WIM A SSHAl WA Adee “WA, ul. Aa, men, wesiza Gu alaia.

56 FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, 27th November 1989.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

No. GTH-89-73-ECA-1088-1523-B.— In exercise of the powers conferred by sub-clause (1) of clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby directs that with effect on and from 28th November, 1989 :-

(1) aproducer holding a licence in respect of edible oils may sell the commodity toa retailer or a consumer besides a wholesaler or a commission agent:

(2) no wholesaler holding a licence in respect of edible oils shall sell the commodity to anyperson cxcept a retailer (including himself if he is a retailer also) or a bulk consumer :

Provided that a wholesaler may sell the stock of edible oils in respect of which he holds the licence-

(a) Purchased by him in his capacity as broker, commission agent or any other agent having authority to sell on behalf of his principal, or ib} imported by him from outside the State, or

Provided further that the wholesaler to whom the stock of cdible oils is sold in accordance with the first proviso shall not sell the same to any person except a wholesaler, a retailer or a bulk consumer:

*(Provided that the wholesaler to whom the stock of edible oils 1s sold in accordance with the second proviso shall not sell the same to any person except a wholesaler, a retailer or a bulk consumer. |

Provided also that the wholesaler to whom the stock of edible oils is sold in accordance with the *[third] proviso shall noi sell the same to any person except a retarler or bulk consumer,

(3) no retailer holding a licence in respect of edible oils shall sell the commodity to anotaer producer.

wholesaler or retailer in such commodily.

By order and in the name of the Governor of Gujarat, ARUN KUMAR, Deputy Secretary to Government, * Inserted by F. & €.5.D. Order No. GTH-95-20-ECA-1193-931-B, dated 23-53-1995.

* Substitued by F. D., C.S.D. order No, GTH-95-20-ECA-1195-981-B dated 23-35-1995, FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalava, Gandhinagar, 23th May, 1995.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DEC! ARATION) ORDER , 1981.

No, GTH-95-28-EC A-1195-981-B.—In exercise of the powers conferred by sub-clause (1}<. ciguse 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1951, the ©. -crmment of 37 Gujarat hereby amended the Government Order, Food and Civil Supplies Department No. GTH-89-73-ECA- LUS$8-1523-B, dated 27th November, 1989, namely :-

(1) In the said order after the second proviso to paragraph (2) the following proviso shall be inserted, namely :- “Provided that the wholesaler to whom the stock of edible, oils is sold in accordance with the second proviso shall not sell the same to any person except a wholesaler, a retailer or a bulk consumer”:

(2) In the said order, in the last proviso to paragraph (2), for the word “second” the words “third” shall be substituted.

By order and in the name of the Governor of Gujarat, B. R. PATNI, Under Secretary to Government.

FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, 21st April, 1992.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

_ No, GPH-92-4-ECA-1090-2055-B.—In exercise of the powers conferred by sub-clause (1) of clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby issues the following directions to licence holders dealing in the business of edible oils such as retailer, wholesaler, commission agent and producer, namely :- (!) Every such licence holder shall maintain separate accounts and separate stock registers in respect of such edible oi] and each brand of edible oil.

(2) Every such licence holder, while issuing in relation to any transaction carried out by him a receipt, cash memo or, as the case may be an invoice (as required by paragraph 9 of the licence in Form-B to the said Order), shall also specify therein the brand of edible oil in which has carried out the transaction.

(3) Every such licence holder while exhibiting the price list of essential article held by him for sale and availability thereof (as) required by paragraph-7 of the licence in Form-B to the said Order), shall also specify therein separate stock of brandwise edible oils.

(4) Tt shall come into force with effect on and from Ist May, 1992, By order and in the name of the Governor of Gujarat, K.D. RATHOD, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIR DEPARTMENT Order Sachivalaya, Gandhinagar, 14th August, 1998.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER , 1981.

¥-1727-15 58 No. GTH-98-29-ECA-1097-2117-B.-In pursuance of sub-clause (i) of clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby directs that with effect on and from 10th August, 1998 :- :

(i) No. dealer shall, either by himself or by any person on his behalf, store or have in his possession al any tire any edible oil seeds or edible oils in excess of the quantities specified below :- Commodities Stock limits in quintal in the case of Remarks Wholesaler Retailer

(i) Edible oil seeds 200) 100 All edible oil seeds including groundnut taken together in shell.

(ii) Edible oils including 600 20 All edible oils including hydrogented vegetable hydrogentated vegetable oils.

oils.

Provided that where a dealer is also carrying on business as a producer or commission agent, he shall be entitled to retain the stock limit spedified above for each such business, if such business and accounts thereof are kept separate and distincts from one another.

Provided further that no exporter shall be entitled to hold stock of seeds/pods in the following proportion in addition to the normal storage limits prescribed above.

Sr. No, Particulars For every Export (Qty. in M.T.)

contract of Strock exemption for raw material requirement (Seeds/Pods)

(1) Sunflower extraction 1000 1670

(2) Groundnut extraction 1000 1790

(3) Soya extraction 1000 1210

(4) H. P. §. Groundnut Kernels 1000 2500)

(5) Sesame seed 1000 1250

(6) Mustard/rapeseed 1000) 1695 and extraction.

The above exemption will be subject to the production of the following documents,

(i) Copy of the expert order or contract from the export buyer.

Gi) Certified copy of the Registering Authority registering the export contract.

(2) No producer shall store or have in his possession at any time edible oilseedsor, as the case may be, edible oils in excess of the quantity specified in the corresponding entry in column (1) of the table below and he shall not hold the stock in excess of the quantity specified in the corresponding entry in column (2) of the table. - Pe 59 Quantity of edible oil seeds Quantity of stock of edible oils including refined oil.

(a) Producer who is carrying on business on the commencement of this Order.

One cighth of the maximum quantity of edible oil seeds used by him in any of the three years ending on the 31st day of July, 1998.

(b) Producer who has commenced production after the commnecement of this Order For a period of one year from the date of commencement of his production one-eighth of the quantity of edible oil seeds that would be required for producing the quantily equal to his annual installed capacity.

For the second years and third year of his production, 1/8th of the quantity of edible oilseeds that would be required for producing 4 quantity equal to his annual installed capacity, and thereafter one eighth of the maximum quantity of edible oilseeds used by him in any of the three years immediately after the commencement of his production.

(a) Producer who is carrying on business on the commencement of this Order.

One-twenty forth of his maximum production in any of the three years ending on the 3st day of July, 1998.

(b) Producer who has commenced production aft the commnecement oi this Order For a period of one year from the date of commencement of his production |/24th of a quantity equal to his annual! installed capacity.

For the second years and third year of his production, 1/24th of the quantity equal to his annual installed capacity, and thereafter 1/24th of the maximum of his production, in any of the three years immediately after the commencement of his production.” “Note : For the purpose of computing the stock limit specified in column (3) (a) and (3) (b) above, the raw oils (except solvent) extracted oils, oils in process or in semi processed state and finished product shall be taken into consideration.” Provoded also that where any quantity of edible oils or edible oilseeds is in transit, then for the purpose of this sub-clause such quantity shall not, during the period when such quantity is in transit, be deemed to have been included in stocks of the dealer in whom the property in such quantity is retained during such transit in accordance with the terms of any contract or agreement in pursuance of which the quantity is put such transit.

(3) Every dealer or producer shall, immediately on the expiry of the period specified in this order, give intimation to the Collector regarding the stocks of any edible oilseeds or edible oils left with him or any other person on his behalf in excess of the stocks prescribed in column (1) and (2) and such stock shall not be disposed of by the dealer or other person except in accordance with directions of the Collector.

(4) Nothing in this order shall apply to—

(a) A Corporation or a Company owned or controlled by the Central Government or a State Government or a Statutory Corporation;

(b) A Central level or a State level Cooperative Society engaged in the production, procurement, sale, purchase or distribution of edible oils.

60) Or *[(c) imported edible oils and Groundnut seeds/Groundnut oil imported from outside the Statc.]

By order and in the name of the Governor of Gujarat, B. Z. HALVADIA, Under Secretary to Government.

*Inserted vide F.C.S. & C.A.D. Order No. GTH-98-31-ECA-1097-2117-B, dated 15-9-1998.

FOOD AND CIVIL SUPPLIES DEPARTMENT Notification Sachivalaya, Gandhinagar, 4th December, 1995.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

No. GTH-95-31-PTP-1195-2401-B.—In Pursuance of item (2) in Part-II of Schedule-1 to the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, read with the Government of India, Ministry of Petroleum and Chemicals, Notification No. G. 5. R. 396 (E) deted the 18th November, 1974, the Government of Gujarat hereby specified “[all solvents including mineral turpentine oil which are mixtures of petroleum hydrocarbons] as a petroleum product for the purposes of the said order.

By order and in the name of the Gevernor of Gujarat.

B. R. PATNI, Under Secretary to Government.

*aubstituted for the werds “solvents of all types including minéral turpentine ol” vide FCLS, & CLAD, Notification Ne.

GTH 98-40-PTP-1195-2401-H, dated 14-12-1998, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 14th December, 1998.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

No. GPH-98-4 1-PTP-1195-2401-B.—In Pursuance of sub-clause (1) of clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 198], the Government of Gujarat hereby directs that for an item specified in Food and Civil Supplies Department Notification No, GTH-95-54-PTP-1195- 2401-B, dated 4th December, 1995 as amended from time to time.

(1) A producer shall obtain a certificate from the Forensic Science Laboratory, Ahmedabad containing the narne and characteristics of the article;

(2) A producer shall, together with his application for license in Form “A” of The Gujara: Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 submit the certificate mentioned in (1) above:

(3) The licensing authority shall enter the name of the article as mentioned in the certificate issued under

(1) above and the number of the certificate alongwith the Name of Essential Article in the license issued in 61 Form “B” of the The Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981.

(4) A producer shall obtain a certificate mentioned in (1) above for each of the articles produced by him, and separate certificate shall be obtained for an article with different brand name or characteristics. _.._.......

authority alongwith the Name of Essential Article in the license issued to the dealer in Form “B” of The Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981.

By order and in the name of the Governor of Gujarat, B. 7. HALVADIA, Under Secretary to Government.

FOOD AND CIVIL SUPPLIES DEPARTMENT Order Sachivalaya, Gandhinagar, Sth July, 1996.

GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, 1981.

No, GTH-96-9-ECA-1196-237-B.—In exercise of the powers conferred by sub-clause (1) of clause 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, the Government of Gujarat hereby directs that every licence holder shall maintain stock register in respect of petrol and diesel separately and shall certify and sign the accounts every 15 days.

By order and in the name of the Governor of Gujarat, i. Kk. PATNI, Under Secretary to Government.

FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order Sachivalaya, Gandhinagar, 1 lth June, 1998 GUJARAT ESSENTIAL ARTICLES (LICENSING, CONTROL AND STOCK DECLARATION) ORDER, |981.

No, GTH-98-24-MIS-1095-3222-B.—In pursuance of clause 24 of the Gujarat Essential Articles (Licensing, Control and Steck Declaration) Order, 1981. the Government of Gujarat hereby directs that every license hokler shall with effect on and from 11th July, 1998 preserve receipt or invoice register of daily accounts and invoice or a gate pass for two years and shall not destroy such documents without prior permission of the Collector of respective district and in relation to the city of Ahmedabad, as the case may be, the Food and Civil Supplies Controller, Ahmedabad.

By order and in the name of the Governor of Gujarat, B. Z. HALVADIA, Under Secretary to Government.

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award mass eraeg (uzcatert, Fear Wi wea weed) Mea, 16<4.

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(a) aie wa Daan isigai avai aera aud) dice dala du Gue Galaflaani anam ASIAAL HLA abet WAS Slez2 Waa Bee 8k 1s A wes wsdl Guaee 2a.

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224.

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Gujarat Essential Article (Licensing Control & Stock Declaration) Order 1981

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