GOVERNMENT OF TRIPURA. FOOD & CIVlL SUPPLIES DEPARTMENT NO. F. 12(3)-FSD/71. Dated, Agartala, the 3rd August, 1971. ORDER In exercise of the powei's conferred by Sub-Se(~tion (1) of Section 3 of the Essential Cummodities Act, 1955 (10 of 1955), read with the notification of the Government of India in the late Ministry of Commerce, No. S. O. 1844, dated the 18th June, 1966 and No. S. O. 2314 dated the 30th July, 1966, thc Administrator hereby makes, with the prior con cUrrence of the Central Govcrnment, the foHowing order, namely:
1. SHORT TITLE, EXTENT AND COMMENCEMENT:
(1) Th is Order may bc ca lIed the Tripura Kerosene Dealers' Licensing Order, 1971.
(2) It extends to the whole of the Union Territory of Tripura.
(3) It shall come into force at once.
2. DEFINITIONS: In· this order, unless the context otherwise, requires,
(1) "Administrator" means the Administrator of the Union Terri lory of Tripura.
(2) "dealer" means any perso~ carrying of business in the pur chase, sale or storage for sale or distribution of kerosene either whole· salo or retail ;
(3) HDirector" means the Director of Food and Civil Supplies, Gm'(,I'nm('nt of Tripura.
(4) "cxport" means to take or cause to be taken out of the Union Territory of Tripura ;
(5) nKeroseue" includese all varieties of kerosene oil refined or semi-refined; 93
(6) "I'" {' d "L' " ....cencl~ m(',l11S II Icence an ICenSl!C mt'nns a IH.'rSOIl holding a Ik('nce und<'r 1111' lu'ovisions of this Order; (7 J "Lkl~nsing AlithCll'ity" means the Director of Food and Civil SUl)ptics, GO\'l'\'m\\{~\\t of Trlllura (for the whoJe territory) and Sub Divisional Officer of llw n'll'\'l\U{ Sub-Division within tlle boundary of which the deaIcl' carries on his business and includes any other pel'son empowered by the Administrator to exercise all or any of the fUllctions of a licensing authority ulld('I' this Order;
(8) "retail dealer" means a dealer who sells kerosene in retail to persons other than dealers;
(9) "Schedule" means a schedule appended to this Order; 11\}) «'whj)\I.\sl:\\~ d~\\\~\'" m~'A\\f. 'A ('{~a{<!.t' w{\G a{[y~ Ker<Jseae {(J ~el1 it to any othcl' nnR '(\1' and incl udos nn agent of any Oil Company dealing in l{eroscne.
3. RESTRICTIONS ON EXPORT OF KEROSENE O!L ; No persoll. shall export or attempt to export or abet in the export of Kerosene oil except under and in accordance with the permit issued by the licensing authority:
Provided that nuthing contained herein shall apply to the export of Kerosene Oil. . (a)
(b) on Government account; or under and in accordance with Military Credit Notes.
4. RESTRICTIONS ON THE SALE OF KEROSENE WITHOUT A LICENCE: and On and from the date to be notified by tl1 Civil Supplies in the Official Gazette, e Di no rector of person Food shall carryon business as a wholesale dealer or a retail dealer within the Union Territory of Tripura exc~pt under and in accordance with the terms and conditions of a licence granted in that behalf by the licensing authority. Such terms and conditions. being determined by Director.
5. TERMS OF LICENCE: * (1) The validity of the period of licence granted under this Order shall bc till the end of 31st December of the year in which the licence is granted, unless revoked, cancelled or suspeniled earlier.
(2) Every apIication for the grant of licence under this Order shall be made in such manner as may be specified by the.Director t aCOID panied by a trea.sury challan of ** rupees twenty{ive fOl" R wholesale dealer aIllI $* rupees ten for a retail dealcr. 94
(3) En-I'Y IiCNlCt! granted under this Or'der shall U(' renewabl(, for a period of 01)(' Y"I\1' llt a time on til(' production 01 treasury chalan of """'rupees I('u for n wholesale d<'nh'r Hlld *** rupees five for a retail dealer. *** Provided thal if the licens(~e docs nol apply for renewal of the licence before til(' ('xpil'Y of the period of lhe licence, the licensee shall have to pay a lale fce of Rs. 5/- for the wholesaler licence and Rs. 2/ for retailer licence pCI' month or part of a month till the date of appIJ cation or renewal.
Provided further that no sucb application for renewal shall be accepted after a period of 3 months from the expiry of the licence and it shall be treated as lapsed.
Note :-A person may apply, for a wholesaler's licence as well as a retailer's licence on payment of the respective fees as indicated above.
(4) If a licence granted under this Order is defaced, lost or destroyed. the licensee shall forthwith inform the licensing authority who may on application by the licensee issue a duplicate licence on the production of a treasury chalan of rupees two.
6. CANCELLATION OR SUSPENSION OF A LICENCE: A licensing authority may cancel or suspend the licence on any of th~ following grounds, namely:
(a) that the licence has been obtained by fraud, or mis-repre sentation as Lo a material particular, and
(b) that any of the provisions of this Order or any condition uf the licence has been contravened.
7. APPEAL: Any person aggrieved by an order of a licensing authority refus ing the grant of n lie-cllen or cancelling or suspending the licence may, within thirty days from the date of the order appeal to the Secretary, Food and Civil Supplies Departm~nt, Government of Tripura, who !'Iha11 decide the same.
8. RESTRICTION ON STORAGE. DISTIUBUTION AND SALE OF KEROSENE:
(1 ) The licensing authority may, by order published in the Gazelle, regulate the storage, distribution and sale of kerosene in their respective jurisdiction; ,
(2) Provided that when the licensing authority is a person other than the Director, no such notification shall be issued without the pre / 95 vious cOll!wnl of tlw Din'l'lm', TIlt' lic('llsing 8uUwI'ily may hy g<'lwral or special ord<'1' in wrilillg J'('quin' any licens('c to sell any sl()(~ks of kerosclw to any person ml'nlioncd in the ordel',. ,
9. EVERY DEALEH TO ).(AINTAIN A STOCK REGISTER: Every dealel' should maintain a stock register of the total receipt and sale of kerosclw in Fmm 'A' appended to the Schedule which I shall be opened to inspcelioll by the Licensing Authority or any person authorised by th(~ Adminislr'alor in this behalf.
10. RESTRICTION OF THE PRICI'~ OF KEROSENE: No dealer shall seU kCl'os~ne at a price higher than the price fixed by the competent authority fmm lime to time under the kerosene (Fixation of CeilinG Prices) Order, 1970.
11. POWER OF ENTRY AND SEARCH, ETC.:
(1) The Licensing Authority or any other officer authorised by 1hp. Administrator in this behalf, with such assistance, if any, as he thinks fit,
(a) require the owner, occupier or any other person in charge of such place or premises, vehicle or vessels in which he has reason to believe that any contravention of any provision of thil) Order or of the conditions pf any licence issued there under has been, is being, or is about t.o be committed, to produce any books of acccounts U1' uther documents showing transactions relating to such contravention.
(b) enter, inspect or break open and search any place or pre mises, vehicle or vessels in which he has reason to believe that any contravention of any of the provisions of this Order or of the conditions of any licence issued thereunder has been, is being or is about to be committed ;
(c) take or cause to he taken, extract from or copies of any document showing transaction relating to such Clicontraven- ..~ tion whi~h is produced before him ; I;
(d) search, seize or remove the stock of kerosene and the ~ vehicle, vessels or other conveyances used in carrying J the kerosene in contravention of the provisions of this order I or of the conditions of the licence issued thereunder and thereafter take or authorise the taking of all measures nece ssary for securing the prroductiol1 of stock of keroselle ann vehicle, vessels or other conveyances so seized in a court, . and for their safe custody pending such production. 2 96
(2) TIll' provision of sec.'lion 102 and 10:i of Uw Code of Criminal Pl'oc('dul"c.', HWH (5 of 1898) f{~laling to senrch and. s('izUl'e shall so far as may apply 10 s('arches and seizures under this Order.
12. EXEMPTION: The Administrator may, by general or special order, exempt, sub ject to such conditions as may be specified in the order, any person or class of persons from all or any of the provisions of this Order. THE SCHEDULE FORM-'A' (See Clause-9) WEEKLY STOCK RETURN FOR THE WEEK ENDING ON .......... .. No. of licence : N arne of 1 he licensee; Opening balance . Receipt during the Total (a) &. (b) Sale during the week. Oosing Stock. Remarks. week.
(a) (b) (c) (d) (e) (f) Date............................. . Signature of licensee or his authorised nominee. By order of the Administrator, P. Nath Under Secretary, Govt of Tripura. * Substituted vide amendment No. F. 12(8)-FSD/71 dt. 23.5.78. ** Substituted vide amendment No. F. 12(3)-FSD/71 dt. 30.11.1979. *** Added vide amendment No. F. 12(3)-FSD/71 dt. 30.11.1979. GOVERNMENT OF TRIPURA DIRECTORATE OF FOOD AND CIVIL .sUPPLIES CIVIL SUPPLIES SECTION NO. F. VII(7)-DCS/71. Dated, Agartala, the 15th October, ·1971. ORDER In exercise of the powers conferred under clause 4 of the "Tripura Kerosene Dealers Licensing Order, 1971 " it is for general informalion that from 25th November, 1971, no jJerso;n shall carryon . business as a wholesale dealer or a retail dealer in Kerosene Oil within thp. Onion Territory of Tripurn except under and in accordance with lIw It-l'ms und <.:un<iiliuHs 01 a lic('m:(~ unmh'd on ihnt 1H'l\all 11,\ II", Ik('nsillf{ auth~)rilyo Sd/- 11I<"~ild\' Director, Food and Civil Stlpplin. Tripura. N.B. This order was jlllhlislU'd in the Tripura Gazelle, Extraordinary issue, Oclobt' I', IH. H)il AD. GO\'EBNl'\'lENT OF TRIPURA OIRECTORATl~ OF FOOD & CIVIL SUPPLIES TIHPURA, AGARTALA No. F. VIl(7)-OCS/73. Dated, Agartala, the 2nd May, 1974. ORDER \VHEREAS it is expedient to further regulate the distribution and sale of K.On in Tripura by the Wholesale Dealers; NOW, THEREFORE, in exercise of the powers conferred under clause 8 of the Tripura Kerosene Dealers' Licensing Order, 1971, and in suspersession of this Office Order No. F. VU(8)-DCS/71 dated
26.11. 71, the undersigned hereby orders that no Wholesale Dealer of K.OB (including the Agents of the Companies) shall sell K.Oil to any person or retail dealer, except Oll. the basis of a permit issued by a Licensing Authority 01" hy an Officer authorised by such Licensing Authority. All Wholesale Dealers in K.Oil shall report the stock position daily in writing to the concerned Licensing Authority, within. whose j~ri~diction their places of business exist. The daily report should be s~gne!=l, by' the Who'lesa:Je 'Dealer or'his a~thorised representative and shall contain the foUowing' Infui-lIlaUull :-,' .
1. Datc to which the report rclates- "
2. Opening stock (in ILL.)
3. Receipt during the day (in K.L.)
4. Total of item No. 2 & 3 (in K.L.)
5. Sale/transfer during the day (in ILL.)
6. Closing stock (in K.L.) This Order shall take immediate effect. H. Mukherjee Director, Food & Civil Supplies, Trfpura. N.B. This order waf.; published ill th(~ Tripnra Gazctte, Part-II. May 18, 1974 AD. a 98 FORM "A" Vide Clause 4. ()!"!<'lCE OF TI-IE........................................... . Licence under clause 4 of the Tripul'R Kt~rosene Dealers' Liccnsing Order. 1971. Keroscne Oil Wholesale/retail sale Liccnce No............... .
1. Name of the Wholesale/Retail sale licensee ................................ .
2. If the licensee is a firm or (an incorporated company its trading name)"""""""""" ...... ".... """" .. """ I'. " .. " .... " " .... " .... " .. " " " " "" .. " ........ " " " " " .. " .... " " • " .... " ... " I
3. Address of the office, if it is different from the address of the shop of the place of the busmess."""""""" .. """"""""""" .. """" .. """""""",, .. ,, .... ,,"""""""""""""""",, .. ,, .. ,,""""""""" ~"""""""""
4. Address of the shop or place where the business in Kerosene Oil is conducted..................................................................... .
5. Addl'css of the shop or place for storage of Kerosene OiL ......................................................... ..
6. Date upto which the licence is valid......................................,........•. . ~, ....... , .. " .. , ................... .. This Ii"cence" is subject to the provisions of"the Tripura Ketosene Dealers' Licensing Order, "1971 and the" conditions speCified' on the reverse. .' ..":'\~~ , •...• tI"':";- Signature of the Issuing Authority. 'IRENEWAL ENDORSEMENT Date of Renewal Date of Expiry Signature of the Issuing Authority ......... ............. 1>.' ..... ... .. .................... (I ............ _.tt .... .. ........................ . ........................ , .. " CONDITIONS OF TIlE LICENCE J. TIlt' liel'USN' shall display the lkenc{' prominently at tlw pint'1' or busilwss.
2. Tlw li('('us('(' shall carry IIIl Ill{' busilwss of K('rOSl'lw Oil ill a pIll(,(' apPl'Owd by tIl(' Ikl'lIsing allthority.
3. (i) The licensee shall, l'xct'pl WlWll specially exempted by the licen sing authority maintain a 1'(!gister of showing correctly : daily accounls of Kerosene oil
(a) The opening slock 011 cHeh day.
(b) The quantities received on each day.
(c) The lolal of (a) & (b).
(d) Sale during the day.
(e) The closing balance on each day.
(ii) The licensee shall complete his accounts for eac dale to which relates unless prevented by a reasonable burden of proving which shall be upon him. h day cau on se the the
4. The licensee shan except when specially exempted by the licen sing authority furnish a true'statement showing his receipts and sales of Kerosene Oil during the week in the proforma specified in form 'C' to the licensing authority by the second day of the succeeding week.
5. The licensee shall give all facilities at all reasonable time to the officers authorised for the inspection of the stocks and accounts at any shop godown or other place 'Qsed by him for the storage, sale or pur chase of Kerosene Oil and for the taking of samples of kerosene oil for examination.
6. The licensee shall comply with any instruction that may be issued to him by the licensing authority from time to time.
7. The licensee shall display at a conspicuous place in the business premises a sign board showing- i) The name of the licensee. ii) The number of licence. iii) The 'place of godown if the same is separate from autho rised business premises. The day'~ opening balance of Kerosene Oil held by him and The price of Kerosene. Oil as fixed by the appropriate autho 'rity from lime to, time•. . Signature ............................ . Police Officers of authorised by 100
8. A whuh-salt: lkuh~l' who has bCt'll gnml('d a IiCt'l1et~ as sllch shall sell keroselH' oil only It) a I'elail('r or to n persoll having a pl'rmi! issued hy Ii('('using authority. FORM "B" Vide Clause 5(2). APPLICATION FORM FOR WHOLESALE/RETAIL LICENCE OF A DEALER PARTICULARS *1. Name or Nalnes.... :............................................................... .
2. Address or addresses .............................................................. . i) ResidentiaL ..................................................................... .. ii) Of the business establishment or establishments ill KeJlosene ............................................ ..
3. Nature of business undertaking.............................................. .
4. Average weekly quantity sold ..._____ by the applicant during the last three n10nth5...................................................................... .
5. Quantity of retail sale for which licence is being sought for .................................................... . *N.B.-Only persons having joint family or partnership business apply together. Separate application is required for separate piace of' DELEGATION OF PO\VER Under clause 11 of the Tripura Kerosene Dealers' Order, 1971, all officers of the Food and Civil Supplies not below the rank of Sub-Inspector and all above the rank of Head Constable have been Government to exercise powers under lheflforesaid lc1nJ,Jse within local liInUs of their juz;is~iction vide order No. F, 12(3)",~SD/71 13th Septmeber, 1971 of the Food aud Civil S~pplies' Government of Tripura.