The Gazette of India
EXTRAORDINARY
PART II—Section 3—Subsection (i)
PUBLISHED BY AUTHORITY
No. 8] NEW DELHI, TUESDAY, JANUARY 7, 1969/PAUSA 17, 1890
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF FOOD, AGRICULTURE, COMMUNITY DEVELOPMENT AND
COOPERATION
(Department of Food)
ORDER
New Delhi, the 7th January 1969
G.S.R. 90.-In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order, namely:—
1. Short title, extent and commencement.—(1) This Order may be called the Uttar Pradesh Foodgrains (Restrictions on Border Movement) Order, 1969 (2) It extends to the whole of the State of Uttar Pradesh. (3) It shall come into force at once.
2. Definitions.—In this Order, unless the context otherwise requires,—
(a) "border area" means the area within a five mile belt within the State
22 TH1 G A M T fl O* INDIA £X1RAGUD1NARY (1>AJIT U-HSWJ. 3(1) J3. Restrictions on the movement of foodgralns to, from or within the Border
Area.—No person shall transpoit., attempt to transport or albet the transport of ioodgrains—
(a) to any place in the border areai from any place outside that area, or (b) from any place In the border area to any other place in that area,
except under and in accoidance with a peimit issued by the State Government or any officer authorized by that Government in this behalf:
Provided that nothing coniaiaed herein shall apply to the transport of iood- grains—
(i) on Government account or by or on behalf of the Food Corporation ol India; or
(ii) under and in accordance with Military Credit Notes; or (iii) within the same town or village in the border area; or (iv) from a village in the border area to the nearest grain market (mandi) in the State of Uttar Praaesh whether such market (mandi) is within or outside the border area, or
(v) not exceeding two quintals in weight in the aggregate at one, time by a hona fide resident oi the bolder area for domestic consumption; or
(vi) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage; or
(vii) to Choharpur market in Dehra Dun District or to Ballia in Ballia District from, places outside the border area for purposes of sale; or (viii) being gift rice received under the Indo-US Agreement on Relief Sup- plies, 1951, and despatched by the Regional Director (Food) Bombay, Madras or Calcutta, to a nominee of the American Voluntary Relief Agency concerned for relief purposes;
(ix) from one part of Nepal to another through the inter lying territory of Uttar Pradesh.
4. Powers of entry, search, seizure etc.—(1) Any police officer not below the lank ot Head Constable and any other person authorized In this behalf by the State Government may, with a view to securing compliance with this Order or to satisfying himself that this Order has been complied with,—
(i) 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 transport of any foodgrains;
(ii) enter and search and authorize any person to enter and search any place;
(iii) seize or authorize the seizure of any foodgrains in respect of which he suspects that any provision of this Order has been, is being or is about to be contravened, along with the packages, coverings or recept- acles in which such foodgrains arc found or the animals, vehicles, vessels, boats or conveyances used in carrying such foodgrains and thereafter take or authorize the taking of all measures necessary for securing the pioduction oi the packages, coverings, receptacles, animals, vehicles, vessels, boats or conveyances so seized, in a court and for their safe custody pending such production.
(2) The provisions of sections 102 and 103 of the Code of Ciiminal Procedure, 1808, relating to search and seizure shall, so far us may Ibe, apply to searches and seizures under this clause.
5. Effect of this Order.—The provisions of this Order are In addition to and not in derogation of the Uttar Pradesh Foodgrains (Movement Control) Order, 1958.