रजिस्ट्री संद्धको 221
REGISTERED NO . D. 221
भारत को राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग II- खण्ड 3 - उपक्रण्ड ( 1 )
PART II- Section 3 - Sub - section ( i )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 62]
नई दिल्ली, बुधवार , अप्रेल 6, 1966 / क्षेत्र 16 , 1888
No. 62]
NEW DELHI , WEDNESDAY , APRIL 6 , 1966 / CHAITRA 16 , 1888
इस भाग में भित्र पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF PETROLEUM AND CHEMICALS
(Department of Petroleum)
ORDER
New Delhi , the 6th April 1966
G.S.R. 540. In exercise of the powers conferred by section 3 of Essential Commodities Act , 1955 ( 10 of 1955 ) , the Central Government hereby makes the following order ,ler , namely:-
1. Short title , extent and commencement . ( 1 ) This Order may be called the Kerosene Fixation of Ceiling Prices ) Order , 1966 .
(2) It extends to the whole of India except the State of Jammu and Kashmir (3 ) It shall come into force on the 6th of April , 1966 .
2. Definitions . In this Order , unless the coutext otherwise requires , -
( a) " dealer " means a person carrying on the business of selling Kerosene , whether wholesale or retail and whether in conjunction with any other business or not , and includes-
( i ) his representative or agent ; and
(ii) an oil company making wholesale supply from its storage or selling point;
(b ) "declared price " in relation to a variety of kerosene sold in any area means the price declared , whether before or after the commence- ment of this Order , by-
( 287 ) 288
THE GAZETTE OF INDIA EXTRAORDINARY
[PART -
===
( i ) the State Government , in the case of an area in a State , or
( ii ) the Administrator of a Union territory , in the case of an area in a Union territory , or
( iii ) such omcer as the State Government or the Administrator of a Union territory , as the case may be , may empower in this behalf , as the price at which that variety of kerosene was normany sold by a deater in that area on the 20th day of February , 1966 :
Provided that until any price has been declared for a variety of kerosene for any area , une price at which that variety of kerosene was nor- many sold by a dealer in that area on the date of commencement of this Order snall be deemed to be the declared price of that variety of kerosene for that area ;
( c) the expression " kerosene " shall have the meaning assigned to it in Item No. 7 of the First Schedule to the Central Excises and Salt Act , 1944 ( 1 of 1944 ) and shall include aviation turbine fuel .
3. Fixation of maximum price . On and from the date of commencement of this Order , no dealer shall sell kerosene to any person at a price which is in excess of the aggregate of the following , namely:-
( a) the declared price ;
(b) such increase or decrease , if any , in central duties and port charges atter the 26th day of February , 1966 , as the Central Government may , by noufication in the Official Gazette , specify in this behalf ;
( c) ( i ) the increase or decrease , if any , in the railway freight actually paid for transporting , after the 26th day of February , 1966 , the quantity of kerosene from the nearest port of installation to the place of sale; or
( ii ) such portion of the increase or decrease , if any , in the road transporta- tion charges actually paid after the 26th day of February , 1966 , for the transportation of supplies of kerosene by road by the dealer from the nearest storage or selling point of any oil company to the place of sale , as the State Government , or , as the case may be , the Admin- istrator of a Union territory , may having regard to the transporta- tion charges payable for the transportation of goods by the shortest route , allow;
(d) the increase or decrease , if any , in the sales tax and any other local tax levied after the 26th day of February , 1966 , on the quantity of kerosene;
(e) the increase shown in the Schedule to this Order in respect of kerosene sold in the areas specified therein .
4. Kerosene stock to be displayed. Every dealer shall cause to be prominently displayed on a special board to be maintained for this purpose at or near the entrance of the place of sale-
(a) the varieties of kerosene held by him from time to time in stock for ready delivery;
(b ) the declared price of each such variety of kerosene ; and
(c ) the price at which he proposes to sell each such variety of kerosene .
5. Prohibition against withholding from sale. No dealer having stock of kerosene shall withhold it from sale .
6. Inspection and maintenance of books of accounts , documents and records.- Any officer authorised in this behalf by the State Government in relation to a territory in a State or , as the case may be, by the Administrator , in relation to a territory in a Union territory , may with a view to securing compliance with this Order-
( i ) require the dealer to maintain and produce for inspection such books of accounts or other documents and records relating to his business and to furnish such information relating thereto , as may be specified in such authorisation , and ( il ) prescribe the manner in which accounts of sale or purchase of or other transactions in kerosene should be kept .
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Stc. 8 ( 1 ) ]
289
7. Power of entry , search and seizure . Any officer authorised in this behalf by the State Government in relation to a territory in a State or , as the case may be, by the Administrator , in relation to a territory in a Union territory , may , with a view to securing compliance with this Order or to satisfying himself that this Order has been complied with and with such assistance , if any , as he thinks fit-
( i ) enter , inspect or break open and search any place or premises , vehicle or vessel which he has reason to believe has been or is being used for the contravention of this Order , and
( ii ) search , seize and remove stocks of kerosene and the animals , vehicles , vessels , or other conveyance used in carrying kerosene in contraven- tion of the provisions of this Order , and thereafter take or authorise the taking of all measures necessary for securing the production of the said stocks and the animals , vehicles , vessels or other conveyance so seized , in a court and for their safe custody pending such produc- tion.
8. The provisions of sections 102 and 103 of the Code of Criminal Procedure , 1898 ( 5 of 1898 ) , relating to search and seizure shall , so far as may be , apply to searches and seizures under this Order .
9. Provisions of the Order to prevail over previous Orders of State Govern- ment etc. The provisions of this Order shall have effect notwithstanding anything to the contrary in any Order made by the State Government or the Administrator of a Union territory or by any officer of such State Government or Union terri- tory before the commencement of this Order, except as respects anything done or omitted to be done thereunder before such commencement .
" THE SCHEDULE
Amount of increase
Applicable to Descrption of Kerosene
Nine paise
(a) Superior In bulk per Kilo- liter
}
Nine paise
For supplies ex Cochin and sold in such areas of the State of Kerala , Mysore or Madras ar such other State as is normally linked to Cochin as the supply centre " (b)- Inferior In bulk per Kilo- liter
}
[No. F. 101 ( 37 ) / 66 - PPD . ]
NOTIFICATION
New Delhi , the 6th April 1966
G.S.R. 541. In exercise of the powers conferred by sub - rules ( 2 ) and ( 3 ) of rule 125 of the Defence of India Rules , 1962 , the Central Government hereby makes the order , namely : -
1. Short title , extent and commencement .- ( 1 ) This Order may be called the Kerosene ( Price Control ) Cessation Order , 1966 .
(2) It shall come into force at once .
2. Cessation of the Kerosene ( Price Control ) Order , 1966. On and from the date of commencement of this Order , the Kerosene ( Price Control ) Order , 1966 , shall cease to have effect except as respects anything done or omitted to be done thereunder before such commencement .
[No. F. 101 ( 36 ) / 65 - PPD. ]
S. K. GUHA, Jt . Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS . NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1966