REGISTERED No. D. 221 रजिस्ट्री सं ० डी. 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग 11 लण्ड 3 -उपखण्ड ( i )
PART II - Section 3-Sub - section ( i )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 186 ] नई दिल्ली, मंगलवार , दिसम्बर 7 , 1965/ प्रप्रहायण 16 , 1887
No. 186 ]
NEW DELHI , TUESDAY , DECEMBER 7 , 1965 / AGRAHAYANA 16 , 1887
इस भाग में भिन्न पृष्ठ संख्या की जाती है जिससे कि यह अलग संकलन के रूप में रखा आ सके ।
Separate paging is given to this Part in order that it may be filled as a separate compilation.
MINISTRY OF FOOD & AGRICULTURE
(Department of Food )
ORDERS
New Delhi , the 7th Decernber 1965
G.S.R. 1825. In exercise of the powers conferred by section 3 of the Essential Commodities Act , 1955 ( 10 of 1955 ) , the Central Government hereby rescinds . with immediate effect , the Rice and Paddy (Assam ) Second Price Control Order . 1962 , published under G.S.R. 1635 , dated the 30th November , 1962 in the Gazette of India Extraordinary [ Part II Section 3- Sub - section ( i ) ) , dated November 30 , 1962.
[ No. 201 ( ASM) ( 1 ) /850/65-PY.II . )
G.S.R. 1826,-Whereas the Central Government is of the opinion that it is necessary so to do for prohibiting the sale of rationed articles except by authorized wholesale distributors and authorized retail distributors in the Union territory of Delhi ;
Now , therefore , in exercise of the powers conferred by sub - rule ( 2 ) and sub- rule ( 3 ) of rule 125 of the Defence of India Rules , 1962 , and of all other powers
( 597 ) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 598
enabling it in this behalf, the Central Government hereby makes the following Order , namely :-
1. Short Title , Extent and Commencement .- ( 1 ) This Order may be called the Delhi Sperified Foodstufl's ( Declaration and Prohibition of Sale ) Order , 1965 .
(2) It extends to the areas specified in the Schedule to the Delhi Rationing Order, 1965 .
( 3 ) It shall come into force on the 7th day of December , 1965 .
2. Definitions, In this Order , unless the context otherwise requires ,-
( a) " authorized officer " means the Director of Civil Supplies , Delhi and includes the Joint Director of Civil Supplies , Delhi and any other officer authorized by the Central Government to administer the provisions of this Order ;
(b ) " establishments " means catering establishments , institutions , residential estab_ishments and manufacturing establishments as defined in the Delhi Rationing Order , 1965 ;
( c) " specified foodstuft's " means wheat , atta , malda, suji , rawa and rice .
3. Declaration of Stocks. Every person holding either on his own behalf or on behalf of any other person , stock of any of the specified foodstuffs shall , on or after the 8th day of December , 1965 , but not later than the 15th day of Decem- ber . 1965 , furnish in writing to the authorized officer a full and correct statement , In the form set out in Schedule I to this Order , in respect of the stock of each of those specified foodstufl's in his possession or custody on the evening of the 7th day of December 1965 , at any place to which this Order extends , if the stocks of specified foodstuffs in his possession or custody exceed 10 quintals in the aggregate .
4. Prohibition of Disposal of Declared Stocks . Every person who has declared the stocks of specifled foodstufts under clause 4 shall not remove , sell or other- wise dispose of the declared stocks , or cause or allow such stocks to be removed , sold or disposed of, except under and in accordance with a written permission Issued in this behalf by the authorized officer .
5. Disposal of Stocks . ( 1 ) The authorized officer may , by order , direct , any person or class of persons holding declared stocks of specified foodstuffs to sell the whole or a specified part of such stocks , other than such stocks which in the opinion of the authorized officer have deteriorated or are damaged , to such per- sons or classes of personsersons and in such circumstances as are specified in the Order and at such prices as may be notified in this behalt by the Central Government .
( 2 ) The price to be notified for the sale of the specified foodstuffs shall ( a ) be for fair average qually of such foodstuffs not falling below the standard of specifications set forth in Schedule IIto this Order ; ( b ) have due regard to the provisions of clause ( c ) of sub - rule ( 3 ) of rule 125 of the Defence of India Rules . 1962 .
6. Determination of the Price ( 1 ) The authorized officer shall , as far as possible in the presence of the seller or his agent , cause to be taken and sealed three representative samples out of the stock of the specified foodstuffs directed to be sold under sub - clause ( 1 ) of clause 5, hand over one sample to the seller or his agent and send one sample to the laboratory established by the Central Government for the purpose; the third samp'e shall be inspected on the spot visually by an officer not below the rank of a Quality Inspector ,
( 2) The price chargeable by the seller on the basis of the prices potified and with respect to the standard ofof quality determined on the basis of visual inspection shall be communicated to the seller on the spot and his acceptance of such a price taken from the seller .
( 3 ) Where any seller does not agree with the result of the inspection referred to in sub - clause ( 1 ) , the seller shall send due intimation of his disagreement to the authorized officer so as to reach him within a week of the visual inspection and communication of the result of such inspection to the seller and thereupon the authorized officer shall arrange to get the other sample retained in the labo- ratory analysed after previous intimation to the seller about the date and time THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 3 ( 1 ) ]
599
fixed for such analysis and the seller , if he so desires , may depute his representa- tive to be present at such analysis
( 4 ) The result of the analysis referred to in sub - clause ( 3 ) shall be binding on both the parties and the price payable for the stock of the specified foodstuff shall be finally determined on the basis of that result and the order relating to price issued by the Central Government
7. Non - Application of the Order . The provisions of this Order shall not apply to establishments
8 Powers of Search, Seizure etc .--Any Police officer not below the rank of Assistant Sub - Inspector of Police or any officer of the Delhi Rationing Organiza- tion not below the rank of Inspector , with a view to securing compliance with this Order or to satisfying himself that this Order has been complied with , may , with such assistance as he thinks flt-
(a) require the owner, occupier , or any other person in charge of any place , vehicle or vessel in which he has reason to believe that any contra- vention of the provisions of this Order has been , is being or is about to be committed , to produce any book , accounts or other documents showing transactions relating to such contraventions ,
(b ) enter or break open and inspect or search any place or premises , vehicle or vessel in which he has reason to believe that any contra- vention of the provisions of this Order has been , is being or is about to be committed ,
( c) take or cause to be taken , extracts from or copies of , any documents , showing transactions relating to such contraventions which are p10- duced before him ,
( d ) search , seize and remove stocks of specified foodstuffs and the animals , vchicles , vessels or other conveyances used in carrying the said food- stufts in contravention of the provisions of this Order and thereafter take or authorize the taking of all measures necessary for securing the production of stocks of foodstuffs and the animals , vehicles , vessels , or other conveyances so seized , in a court and for their safe custody pending such production .
9 Effect of the Order . The provisions of this Order are in addition to any other Order issued under any law for the time being in force imposing restriction on the acquisition and distribution of stocks of specified foodstuffs or calling for returns in respect of such stocks
SCHEDULE I
(See clause 3 )
1. Name of declarant :
2. Address of declarant .
(a) Wheat :
(b) Atta :
3. Quantity of each kind of specified foodstuffs in quintals held on 7-12-65 (evening)
(c) Maida
(d) Suji :
(e) Rawa :
(f) Rice :
4. Whether stocks held on own account or on behalf of another . If the stocks are held on behalf of another person , full particulars of the person having right over stocks .
5. Complete postal address of place where stocks mentioned in column 3 are kept .
( 1 ) I am acquainted with the provisions of the Delhi Specified Foodstuffs (Declaration and Prohibition of Sale ) Order , 165 and hereby declare that the THE GAZETTE OF INDIA EXTRAORDINARY
600
[PART II-
information furnished above regarding the extent of stocks held by me are true and correct .
( ii ) I hereby undertake not to remove , sell or otherwise dispose of the stocks declared by me .
Place:
Date:
Signature of Declarant .
SCHEDULE II
[Clause 5 ( 2) ]
I. Wheat Product
1. Atta
2. Maida
The standard of specifications shall be the standard prescribed in Appendix B to the Prevention of Food Adulteration Rules , 1955 .
}
3. Suji /Rawa
II . Rice
The standard of specifications shall be that prescribed in the Delhi Rice (Price Control ) Order , 1964 .
III . Wheat
The standard of specifications shall be as follows :-
General characteristics .
( a) Wheat shall be the dried grains of Triticum Vulgare and Triticun durum .
(b ) have uniform size , shape and colour .
( c) be sweet , hard , clean , wholesome and free from moulds , weevils obnoxious smell , discolouration , admixture of deleterious substances and all other impurities except to the extent indicated in the Table below:
(d) be in sound merchantable condition .
(e) not have moisture exceeding 12 per cent .
TABLE
(i) Dara Quality .
Maximum limits of tolerance
Grade Designation
Foreign matter (percent)
wheat (per- Red cent)
grains (per Damaged cent)
Other food grains (percent)
grains Weevil- led (percent)
ly damaged Slight- grains (percent)
mature , shrivel- Im- led and broken grains (percent)
6
8
2
I
5
4
3
7
2.0
1.5
3.0 15.0
4.0 F.A.Q.
4.0
20.0
6.0
8.0
6.0
2.5
4.0
3.0 One grade below
10.0
6.0
8.0 Over 20.0
4.0
Two grades below
5.0
15.0 THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 3 ( 1 ) 1
601
( ii ) Superior Quality .
Maximum limits of tolerance
Grade Designation
Red wheat ( percent
Im- mature Shrivel-
Foreign matter (percent )
Weevil- led grains (percent)
Damaged grains ) ( per- cent)
Other food grains (percent)
Sligh- tly damaged grains (percent
led ) and broken grains (percent)
2
6
I
8
3
4
5
7
2.0
2.0
3.0
0.5
F.A.Q.
0.5
2.0
2-0
I'O
5.0
4.0
4.0
6.0
6.0
2.0
7.0
4.0
1.5
3.0
One grade below Two grades below
Definitions : -
Foreign matter . It includes dust , stones , lumps of earth , chaff , stem or straw and any other impurity including non - edible seeds .
Other foodgrains . Edible foodgrains other than wheat .
Other wheats . For this purpose wheat would be divided into two classes ( 1) Durum or Macaroni wheat and ( 2 ) Vulgare or common wheat . Durum again would be sub - divided into two colour groups ( I ) amber and ( II ) red and Vulgare would be sub - divided into three colour groups- ( i ) white ( il ) amber and ( ili ) red.
Damaged grains . Grains that are interna'ly damaged or discoloured , damage or discolouration materially affecting the quality.
Slightly damaged grains . Grains that are superficially damaged or discoloured , damage and discolouration not materially affecting the quality.
Immature Shrivelled and broken grains .--Immature and Shrivelled grains are those that are not properly developed . Broken grains are pieces of whole grains .
Weevilled grains , Grains that are partially or wholly bored or eaten by weevil or other grain insects .
N.B .- ( 1 ) Moisture in excess of 12 per cent to be discounted at full value of moisture equva'ent over 12 per cent .
( 2) Reduction in price per quintal for one grade below and two grades below in respect of Dara and Superior quality shall be as under : -
Reduction in price per quintal below F.A.Q. price
Dara Superior
Rs .
Rs .
1.00
0-75
(i) One grade below
2.50 (ii) Two grades below
1.50
[No. 204 ( DEL) ( 2 ) / 851/ 65 - Py . II . ] 602
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
G.S.R. 1827. In exercise of the powers conferred by sub - rule ( 2 ) and sub - rule (3) of rule 125 of the Defence of India Rules , 1962 and of all other powers enabling it in this behalf , the Central Government hereby makes the following Order , namely:-
1. Short title, extent and commencement .- ( 1 ) This Order may be called the Delhi Rationed Articles ( Movement Control ) Order , 1965 .
( 2 ) It extends to the whole of the Union territory of Delhi .
( 3) It shall come into force on the 8th day of December , 1965 .
2. Definitions. In this Order , unless the context otherwise requires , -
( a ) " Chief Controller " means the Chief Controller of Rationing , Delhi ;
(b) " rationed area" means the area specified in the Schedule to the Dethi Rationing Order , 1965 ;
( c) " rationed articles " mean wheat , atta, maida , suji, rawa , rice and sugar;
Explanation . For the purposes of this Order , sugar means sugar manufactured by vacuum pan process .
3. Prohibition of movement of rationed articles .-( 1 ) No person shall move in any manner whatsoever any rationed article in any quantity--
(a) out of any place in the Union territory of Delhi to places outside the sald territory ; or
(b) outside the rationed area from any place within such area , except under and in accordance with a permit issued by the Chief Controller .
( 2 ) No person shall move in any manner whatsoever any rationed article in any quantity-
( a) from any place outside the Union territory of Delhi to places within the said territory ; or
(b) into the rationed area from any place outside such area , except under and in accordance with a permit issued by the Chief Controller :
Provided that nothing contained in sub - clause ( 1 ) and sub - clause ( 2 ) shall apply to the movement of rationed articles -cla
( i) on Government account or on account of the Food Corporation of India ;
( ii ) under and in accordance with Military Credit Notes .
4. Powers of entry , search , seizure , etc. ( 1 ) Any Police Officer not below the rank of Assistant Sub - Inspector or any other officer authorized by the Chief Controller in this behalf may , with a view to securing compliance with this Order, or to satisfying himself that this Order has been complied with,
(a) stop and search , or authorize any person to stop and search , any person, boat , motor or any vehicle or receptacle used or intended to be used for the movement of rationed articles;
(b) enter and search and authorize any person to enter and search any place;
(c) seize or authorized the seizure of any rationed article in respect of which he has reason to believe that any provision of this Order has been , is being or is about to be contravened along with the packages , coverings or receptacles in which such rationed article is found or the animals , vehicles , vessels , boats or conveyances used in carrying such rationed articles and thereafter take oror authorizeauthorize the taking of all measures necessary for securing the production of the packages , coverings , receptacles , animals , vehicles , vessels , boats or conveyances so seized , in a court and for their safe custody pending such prо- duction.
( 2) The provisions of sections 102 and 103 of the Code of Criminal Procedure , 1898, relating to search and seizure shall , so far as may be , apply to searches and seizures under this clause .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 3 ( 1 )
603
5. Effect of the order. The provisions of this Order shall have effect notwith- standing anything inconsistent therewith contained in any other Law for the time being in force regulating the movement of rationed articles in the Union territory ofDelhi .
6. Repeal and savings. The following Orders shall stand repealed except as respects things done or omitted to be done under the Orders so repealed , namely: -
( 1 ) The Delhi Rice ( Export Control ) Order , 1959 ;
( 2) The Delhi Roller Mill Atta Order , 1964 ; and
( 3 , The Delhi Wheat and Wheat Products ( Prohibition of Export ) Order , 1965.
[No. 204 ( DEL ) ( 2 ) /852/65-PY.II . ]
G.S.R. 1828. In exercise of the powers conferred by sub - section ( 1 ) of section 40 of the Defence of India Act . , 1962 ( 51 of 1962 ) , the Central Government hereby directs that the powers conferred on it by clause ( c ) of sub - rule ( 3 ) of rule 125 of the Defence of India Rules , 1962 , in so far as the said clause empowers the Central Government to require any person or class or classes of persons holding in stock any article or thing to sell it to any person or class or classes of persons is specified circumstances , shall be exercised also by the " authorised officer " as defined in the Delhi Specified Foodstuffs ( Declaration and Prohibition of Sale ) Order , 1965 .
[No. 204 ( DEL ) ( 2 ) /853/65-PY.II . ] R. BALASUBRAMANIAN , Jt . Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DDELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1965