GOVERNMENT OF TRIPURA DIRECTORATE OF FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRES Nor 6 Joel es / bie s2ood Lo Diatedd, Apartalathy 36/7) 2010 The Sub-Divisional Magistrate, Dharmanagar, Kailasahar, Kanchanpur, Udaipur, Santirbazar, Sabroom, Belonia, Amarpur, Ambassa, Gandacharra, Kamalpur, Longtharaivally, Bishalghar, Teliamura, Khowai, Sonamura, Sadar. Sl ™ The Officer in Charge, Agartala Rationing Authority.
Subject!- The Tripura Food Stuff Dealers, Licensing Order, 2010 - Gazette Notification thereof.
Sir ’ In inviting a reference to the Ordcr of even number of 28/1/2010 of the Deputy Secretary, Food Civil Supplies and Consumer Affaires Department, Government of ‘Tripura on the above subject, I would enclose herewith a copy of Order vide No. 14 as published in the Gazette of Tripura on 4/2/2010 for your information and necessary action, Yours taithiully, l SKB . \, 4 Enelo:. As stated aNS As stated \ - \y Director Food civif Supplics és Consumer affaires, Tripura Copa with copy of the Giader is torwarded for msformmction and mecessary action tollea} the District Magistrate & Collector, South(Udaipur), North(atkese. ry, DhabutArs basse @ Wesit ca tuda).
oS) The Stipermitendent of Police, South (Udaipur), North (Itailasahar), Dhoalai(Ambassa) & Wost(Seartala).
The Stypecrmtendent of Pohee U8), A.D.Nagar, Agartala.
PO bt) Phe General Secretary, Penuara Wholesale Grocery Merchant .
No Koad, Agartala, / The Sccretary, Agartala Retail Merchant Association, Vssoctation, Psattale, Agarteda.
Pep Phare Litteation Seetioi: of this Directorate.
No. 14 Registered No. N. E. 930.
( GAZETTE Published b y Authority EXTRAORDINARY ISSUE "Agartala, Thursday, February 4, 2010 A. D., Magha 15, 1931 S. E.
PART--Il-- Orders and Notifications by the Government of Tripura, The High Court, Government Treasury etc.
GOVERNMENT OF TRIPURA FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Dated, Agartala, the 28th January, 2010.
NO.F.6-16 (1}-CS/DF/2009-10 ORDER in exercise of the powers conferred under Section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the order(s) of Government of India, Ministry of Consumer Affairs, Food & Public Distribution (Department of Consumer Affairs) vide Nos S.0.649 (E) dated 09.03.2009, G.S.R. 164 (E) dated 12/3/2009, S.O. 905 (E) dated 02/ 04/2009, S.O. 906 (C) dated 02/04/2009, the Slate Government G.S.R 640 (E) dated 07/09/2009 and S.O 2461 (E) dated 25/09/2009 do hereby make the following Order, namely:
1. SHORT TITLE, EXTENT AND COMMENCEMENT :-
(i) This Order may be called the “Trioura Foodstuff Dealers’ Licensing Order, 2010".
(ii) This Order shall come into force from the date of its publication in Official Gazette.
2 DEFINITIONS: | In this Order, unless the context otherwise requires,
(a) “ State Government” means the Government of Tripura;
(b) “dealer” means a person, registered firm / society engaged in the business of purchase, sale or storage for sale either in wholesale or in retail of any onc or more of the foodstuff in any quantity whatsoever:
(c) “Foodstuffs” means any one cr more of tne foodstuffs specified in ‘Schedule-I’ annexed t Order recing products of such foodstuffs;
(F) “Retsil decd teats a dealer who sells aay foodstuifs in retail to persons other than wholesale o this dealer;
For the purpose of this sub-clause. the Retail Dealer shall be classified as “Retail Deaier -A” and “Retall Qealer - B “ecording t to the quantity of item stored at any point of time in his/her busine peeps o ae preserned da the order:
(op Mees She deg se e neans who weoorts foodstuffs fom outside the State and or sells tho foodstuffs to relat dealer for the purpose of re-sale;
“Porm” means @ forin set-forth in ‘Schedule H? annexed to this Order, and Licenshig Aulnority” means the Director of Food, Civil Supplies & Consumer Affairs, Government cf Tripura (for the whole State}, Sub-Divisional Magistrate of the respective Sub-Division within eninistrative Jurisdiction and the Officer-in-Charge, Agartala Rationing Authority within the ga to perform etl or any of the functions ef the licensing authority oe tigia Municipal Council ar ue CH » Order Tripura Giazette, Extraordinary Issue, February 4, 2010 A. D.
3, LICENSING OF DEALERS AND RESTRICTION ON STORAGE: -
(1) No person shall carry on business as dealer except under and in accordance with the terms and conditions of a license issued in this behalf by the licensing authority.
w
(2) For the purpose of this clause, any person who stores any foodstuff in excess of the quantities mentioned below, at any one time shall, unless the contrary is proved, be deemed to store the same for the purpose of sale: - “Sugar - 50 Kilograms Rice - 300 Kilograms Pulses - 50 Kilograms Salt - 50 Kilograms Edible Qil I: 30 Kilograms Edible Oil seeds: - .- 100 Kilograms”.
(2A) For the purpose of this clause, any ‘Retail dealer-A’ as defined under sub clause (d) of Clause- 2, is prohibited to store in excess of the quantities of the following foodstuff mentioned below, al any point Gf time :- “Sugar - 200 Kilograms Rice ‘- 1000 Kilograms Pulses + 200 Kilagrams Salt ; - 200 Kilograms Edible Oil i. 100 Kilograms Edible Oil seeds: - 300 Kilograms”.
(28) For the purpose of this clause, any ‘Retail dealer-B’ as defined under sub clause (d) of Clauserohiited to store in excess of the quantities of the following foodstuff mentioned below, at any 2, 1S pr point of time | “Sugar ; 1000 Kiiograms Rice ‘- 3000 Kilograms Pulses - 2000 Kilograms Salt - . 2000 Kilograms Edible Oil : 760 Kiioyrams Edible Oli seeds: - 1500 Kilograms.
CU} bor the purpose of this clause, any ‘Wholesale dealer’ as defined under sub-clause (e) of Clee Sn peshited io stare ig oxcess of the quaniiios of the following foodstulf mentioned below, at aay pomlor time -- ~ ij Sugar - 1000 quintals.
ti) Rios e 2060 * EN Pitene 4209 menmer ac er e e i e n Tripura Gazette, Extraordinary Issue, February 4, 2010 A.D.
iv) Salt - 1000 quintals v) Edible Oil - 1000“ vi) Edible Oilseeds 5000“
Provided that nothing in this order shall apply to the holding or keeping of stock of Foodstuffs — (I) on Government account, or
(ii) by the recognized dealers nominated by the State Government or an officer authorized by it to hold stock for distribution through Fair Price Shops; or
(ili) by the Food Corporation of India.
fs) A separate license shall be obtained by a dealer for each place of business. No storage of any foodstuff is allowed other than place/ places as specifically mentioned in the license.
4, ISSUE OF LICENCE :- 4) Every application for a license or renewal thereof shall be made to the licensing authority in ‘Forrn-A’ of Schedule-ll, 11) Every license issued or renewed under this Order shall be in ‘Form 'B’ of Schedule-ll 5 PERIOD OF LICENSE AND FEES CHARGEABLE: -
(1) Every license granted under this Order shall be valid for a period ending the 31% December of ihe year in which it is issued and may be renewed for a period of one year at a time.
(2?) Fhe fees for ‘Retail dealer-A' specified below shall be chargeable in respect of each license, namely - i. Forissue of license - Rs. 50/- i for renewal of license - RS, 25/- fi. fer issue of duplicate license - Rs, 50/- iv. For filing an application for renewal after the licensed year, lat. fos for every month eopesrt thesreasfte fee &/ y part thercofis fxs. Sh » forse for ‘Retail dealer-B’ specified below stall be chargeable in respect of each license, ier) The f or ‘Re namely:
Por dssiio oF h fen TOOL bor fomewal Or HOGHSES - 185, 50/ ri for issue of duplicate license - Rs. 1G0/ s Sor fling an epolieation for renewal after the licensed yeer, late fus lor every month peitihereotis Ks. 70/ 2h) wholesale duvioy specified below shall be chargeable in respect of each hconse, Tripura Gazette, Extraordinary Issue, February 4, 2010 A. D.
iil. For issue of duplicate license - Rs. 300/- iv. For filing an application for renewal after the licensed year, late fee for every month or part thereof is Rs.20/-
(3) For the purpose of this clause, fees chargeable shall be deposited under the Head “Revenue Deposit*through government treasury.
6. POWER TO REFUSE LICENSE:
The Licensing Authority may, after giving the dealer concerned an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a license.
7. DISPLAY OF STOCK AND SALE PRICE BY THE DEALER :- All Dealers shall display prominently in some conspicuous place of their shops or show rooms, -
(a) a list indicating the opening stock of each of the foodstuff available with them each day, and
(0) a list containing the wholesale / retail selling price, as the case may be, each of the foodstuff said by them.
8. BEAL ER TO ISSUE CASH MEMO FOR EACH SALE.
ach dealer shall issue a true and correct cash memo to the Retail dealer / purchaser agains!
the sale of each item of foodstuffs indicating the price realized by the dealer. .
9. CONTRAVENTION OF CONDITIONS OF LICENCE :
No holder of a license issued under this Order, shall contravene any of the terms or conditions of the license and if any such holder contravenes any of the said terms or conditions, then without prejudice to any other action that may be taken against him, his license may be cancelled of suspended by order in writing ef tne licensing authority.
Provided that ne order shall be made under this clause unless the licensee has beén given a reasonable opportunity of stating his case against the proposed cancellation or suspension.
5 APPEALS
(4) Any person aagneved by any order of the licensing authority refusing to grant or renew a hcense of canceling or suspending a license under the provisions of this order rnay appeal to the maoreiary In Charge of Food, Civil Supplies & Consumer Atlairs Departinent, Government of Tripura wathin 39 days of fhe Gate of the receipt of such Order by him / her.
2) No order shali be made under this clause unless the aggricved person has been given a lonsdhabie opnoriunily or stating his / her case.
2 Pending the cisoosai of an appeal, the State Government may direct that the order refusing to renew 2 license or the ¢ order canceling or suspending a license shail not lake effect until the 2 ppeal is i 4 OUSOWIS EG lof Tripura Gazette, Extraordinary Issue, February 4, 2010 A. D.
+ POWERS OF ENTRY, SEARCH, SEIZURE ETC:- The licensing authority or any other officer authorized by the State Government in this behalf, may with such assistance, if any, as he thinks fit;
require the owner, occupier or any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of any license issued there under has been, is being, or is about to be committed, to produce any book, accounts or other documents wowing transactions relating to such contraventions:
enter, inspect or break open and search any place or premises, vehicle or vessel in which he nes reason to believe that any contravention of the provisions of this Order or‘of conditions of ny icense issued there under, has baen, is being or is about to be committed;
idac o! cause fu be taken, extracts from or copies of any documents showing transactions relating to such contraventions which are produced before him;
search, seize and remove stocks of foodstuffs and the animals, vehicles, vessels or other conveyances used in carrylng the said foodstuffs in contravention of the provisions of the Order, or of the conditions of the licenses used there under and thereafter take or authorize the taking of all measuies necessary for securing the production of stocks of foodstuffs the animals, vehicles, vessels or other conveyances, so seized, in a court and for their safe custody pending such productions provisions of Sections 102 and 103 of the code of Criminal Procedure, 1973, telating to The zpoly to Searches and seizure under this clause. EPR hid so pec © shai, SO far as 3 May bs Deh iC ATION OF POWERS:
ihe folowine cfficers have been authorizcd to exercise powers and perform the duties succified 2 HIMES respective jurisdiction:- aut eles 10 tthe Order within the VS Pete (fs ustrate & Collectors ;
ae Ni Ade neo Disticl Magistraia & Colicvicr PAN Sub On ional Magistrates ( Acditional Sub-Divisional Magisirates.
aye spi “otlector & Manictrates Geb ate (ht ghey eg bi God, Civil Suporcs & Cory unmet Affairs Doparticnt not below the rank of SUP sy SEO Oh I cas nob betaw the oak of Sucdaspector "fT * VUES AS os 7 sastiga Poodsted [eoeiers Liconsing Order Cand “the flour pooeilod Vegelahte ties Larios Licensing Order, 1067" are hereby rescind, Tripura Gazette, Extraordinary Issue, February 4, 2010 A.D. &
(ii) Notwithstanding such rescind, anything done or any action taken under the Tripura Foodstuff - Dealers’ Licensing Order 1958 and Tripura Hydrogenated Vegetable Oils Dealers’ Licensing Order, 1967 shall not affect. In so far as it is not inconsistent with the provisions of this Order, be deemed to have been done or taken under the corresponding provisions of this Order.
By order of the Governor, S. Debbarma Deputy Secretary, Government of Tripura.
Fe OO B O N D oo en races (iste Tripura Gazette, Extraordinary Issue, February 4,2010 A.D.
SCHEDULE - | Sugar, 2. Rice.
Pulses. 4, Salt.
Edible Oil [excluding H. V. Oil and Coconut Oil] Edible Oil seeds.
SCHEDULE - Il FORM_A [ (See Clause 4 (i) ] The Tripura Foodstuffs Dealers’ Licensing Order, 2010.
Application for license:
D o n w a Applicant's name :
Applicant's Fathers name - Applicant's profession - Applicant's residence - Situation of applicant's places of business with particulars as to number of house, mohalla, town or village, police station and district +.
How long the applicant has been trading in foodstuffs :- Did ine applicant hold a foodstuffs license on any previous occasions? (If so, give particulars including iis Suspension or cancellation, if any) i.
Quantiies of each foodstuff handled annually during the previous year (s).
Quantities of foodstuffs likely to be handled.
Professional Tax / Income tax, if any paid in the two years preceding the year of applicalion (to be indicated separately).
a) Trade | icense obtained trom AMC / Noiified Areas ; (if yes, attached valid documents).
Quantoe of focdstaffs in the possession of the applicant on the date of application and the places at which fhe diferent quantuies are kept (separate figures are to be given for each foodstuffs). ‘- i declaie that the quantities ci foodstuffs specified above are in my possession this day and arc held at ihe placis aoted against them. :
i have cerefutly read the conditions of license given in Form ‘B’ appended to the Tripura Foodstuffs Dears’ Licensiiy Crdcr, 2070 and | agree to abide by them. *-
(2) have ngd srevicusly applied for such ficauce in this district for foudstuis.
[Oro fod oa Gued hicense in this district TOP occ eee ceeeceees ON. cece and was/was not ‘yh aianted 4 license ON, fd Aereh yey for POeWwe reo), . dt RNG a Tripura Gazette, Extraordinary Issue, February 4, 2010 A. D.
FORM -B [See clause 4(ii)) The Tripura Foodstuffs Dealers’ Licensing Order, 2010.
License for purchase, sale/storage for sale of foodstuffs Category of license .............0. eee cdeeeeeeneeseauesaneessees License NO... cesececeececeece een es Subject to the provisions of the Tripura Foodstuffs Dealers‘ Licensing Order, 2010, and to the terms and conditions of this license ..............ceeeseceeesenesceteeeeess _ is/are hereby authorized to purchase, sell or store for sale, the under mentioned foodstuffs.
Dee eee rete amma reas eee eeetteat mere ecm eee meres eee terete ree seer eueeerses Ce eee ere ee eee EET THERE TEE EERO EEE SEED E OEE E OSM EE OO ORE OO EEE REECE EO Eee Pee ne ee eee E a meee eH EEE EEE PETES DEH OOD OHEEE SECO EOS EO ESI OS EO ORO E RET E REESE
3. (i) _The licensee shall, except when specially exempted by the State Government or by the licensing authority in this behalf, maintain a register or daily accounts for.each of the foodstuffs mentioned in paragraph |, |, showing correctly ----
(a) the opening stock on each day ;
(b) the quantities received on each day showing the place from where and the source from which received ;
(c) the quantities delivered or otherwise removed on each day showing the places of destination ; and
(d) the closing stock on each day.
(ii) The licensee shall complete his accounts for cach day on the day to which they relate, showing do down-wise stock, unless prevented by reusonable cause the burden of proving which, shall be upon him.
(iti) A licensee who is a producer himself shall separately show the stocks of his own produce in the daily account if such stocks are stored in his business premises.
4, The licensee shall, except when spccicily exempted by the State Government or by an Officer authorized by the State Government in this behalf, submit to the concerned licensing authority a true end correct stock return, in fer ‘C’ of the stocks, receipts and oven) da of each of the foodstufis for every ntonth (1st to last “ov of the montin) so es to reach him within 7 (seven) days of the succeeding month after the ending of the PSC ng Weal 5 The licens2< " Hy except when speciaiy exempted by the Staie Government cr by tic heonciag a auth sue to every customer @ correct receipt or invoice, as the case may be, giving uwr name, address arid fccnee number, the name, address and license number (if any) of the customer, the date of a transaction, the quantity sold, the price | er quintsliig and the total amount charged end shail keep a duplicate of ig same to be ave dshle for inspection cn aemand by the licensing authority or any officer authorized by him in tis be naif vee neni tenements tenn : 5 Tripura Gazette, Extraordinary Issue, February 4, 2010 A. D.
The licensee shall give all facilities at all reasonable times to the licensing authority or any officer 6.
authorized by him cr the State Government 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 foodstuffs and for the taking of samples of foodstuffs for examination.
7. The ficensee shall comply with any direction, that may be given to him by the Licensing Authority in regard to purchase. sale and storage for sale, of foodstuffs and in regard to the language in which the register, returns, receipts or invoices mentioned in paragraph 3, 4 & 5 shall be written and the authentication and maintenance of the register mentioned in paragraph 3.
8 This license shall be attached to any application for renewal.
9, This license shall be valid upto... eee ee ees Flace oo ..
DAO. cence Signature of the Officer Issuing the license.
cere ee Be eae ences a mmatien tee ee ee ns tame ante nae pees ene te a oe cnet ae 2 Tripura Gazette, Extraordinary Issue, February 4, 2010 A. D.
FORM --- 'C’ For use by a dealer (See condition 4 of Form B) Returns of stocks, receipts and sales of Foodstuffs for the month ending............. 200 Name of Licensee oo ceeeceeceeeceeeeeeetaaes License No hee ceceeeeeee Category of license *- 0.0.0.0... eee Address 00.0 0... cece Particulars of godowns where Stock held............ceeeceseeeeteeteeeteenseeeteeenes Variety of the Foodstuffs. :- Particulars. Quaniity in quintals, Remarks if any.
1. Stocks at the beginning of the month.
(a) Actually with the stockiest. -
(b) Pledged with any person or institutions such as a bank or co-operative sociely.
Total,
2. Quentity purchased during the month and source of suoply, Total.
i Quantity sold.
a) Quantity sold end delivered during the month.
iby Quantdy sold but not yot delivered.
Toial.
4. Stock at the end of tha month.
(a) Achraliy with the stockist, iy unsold, fi} sald bot awaiting delivery.
fo) pledaed with any other person cr institution such aS bank of a co-operative society.
Total LRGs un ty. Custich BIGHATURE.
Pipes Goverament Press, Arartala. 1 my u