Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-Section (i)

PUBLISHED BY AUTHORITY

No. 66] NEW DELHI, WEDNESDAY, APRIL 16, 1969/CHAITRA 26, 1891

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 16th April 1969

G.S.R. 997.—Whereas the Central Government is of the opinion that it is necessary and expedient so to do for securing the equitable distribution of wheat in the different States of India;

Now, therefore, 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 Inter-Zonal Wheat and Wheat Products (Movement Control) Order, 1969.

(2) It extends to the whole of India. (3) It shall come into force at once

( 2 7 9)

2 Definitions.—In this Order, unless the context otherwise requires,—

(a) "export" means to take or cause to be taken, by any means whatsoever, out of any place within a Zone to a place outside it,

(b) "external border area" means the area within a ten mile belt all along the border lying within,—

(i) the State of Punjab, Raiasthan or Gujara-t adjoining the territory of West Pakistan, or

\ the State of West Bengal or Assam or the Union territory of Tripura adjoining the territory of East Pakistan;

vc) ''import" means to take or cause to be taken, by any means whatsoever, Into any place within a Zone from a place outside it;

(d) "State Government" means the Government of any State included In a Zone and includes the administrator of a Union territory; (e) "wheat" includes split wheat and any mixture of wheat, and (i) gram or barley in which the proportion of wheat exceeds four per cent; or

(ii) other foodgrains in which the proportion of wheat exceeds two per cent;

(f) "wheat product" means wholemeal atta, resultant atta, maida, sooji or rawa;

(g) "Zone" means any of the Zones as specified in the Schedule annexed to •his Order;

(h) "zonal border area" means the area within a five mile telt inside a Zone all along its border whether adjoining,

(1) mother Zone, or (ii) in the case of the State of Uttar Pradesh, the territory of Nepal-

3. Prohibition of Export and Import of Wheat and Wheat Products.—(a) No person shall export or attempt to export or abet the export of wheat or any wheat product except under and in accordance with a permit issued by the Central Government or by the Government of the State concerned or by an officer autho- rised in that behalf by the Central Government, or, as the case may be, by the Government of that State.

(2) No person shall import or attempt to import or abet the import of wheat or any wheat product except under and in accordance with a permit issued by the Central Government or by the Government of the State concerned or an officer authorised In that behalf by the Central Government or as the case may be, by the Government of that State:

Provided that nothing contained In sub-clause (1) or sub-clause (2) shall apply to the export or import of wheat or any wheat product—•

(i) on Government account;

(ii) under and In accordance with Military Credit Notes;

(iii) by or on behalf of the Food Corporation of India;

(lv) received by way of gift under the Indo-US Agreement on Relief Supplies, 1951, and despatched to a nominee of the American Voluntary Relief Agency concerned for relief purposes;

(v) by or under the authority of the Dandakaranya Development Authority; (vi) not exceeding five kilograms in weight in the aggregate by a bona fi.de traveller as part of his luggage,

Provided further that it shall be lawful for a person to export or import under and in accordance with a permit granted by the State Government h&vlng juris- diction in this behalf—

(a) seed wheat for bona fide agricultural purposes; or (b) wheat produced on land owned or cultivated by the person seeking such export or Import for personal domestic consumption at his place of residence;

4. Restriction on the Movement of wheat or wheat Products to or within Zonal Border Area.—No person shall move, attempt to move or abet the movement of wneat or any wheat product—

(a) to any place in the zonal border area from any place outside that area;

or

(b) from any place in the zonal border area to any other place in that area, except under and In accordance with a permit issued by the State Government having jurisdiction in this behalf or by an officer authorised In that behalf by that Government

Provided that nothing in this clause shall apply to the movement of wheat or any wheat product from one part of Nepal to another through the interlying territory of Uttar Pradesh.

5- Restriction on the Movement of wheat Products io or within the External Border Area—No person shall move, attempt to move or abet the move- ment of wheat or any wheat product—

(a) to any place in the external border area from any place (.upside that

area; or

(b) from any place in the external border area to any other place in that

area,

except under and in accordance with a permit issued by the Slate Government having jurisdiction in this behalf or bv an officer authorised in that behalf by that Government.

6. Exemption for Borders Areas.—Nothing contained in clause 4 or clause 5 shall apply to the movement of wheat or any wheat product, as the case may be,—

(I) On Government account; (ii) under and in accordance with Military Credit Notes; (iii) within the same town or village in the zonal border area or in the

external border area-

(lv) not exceeding twenty kilograms, in weight in the aggregate at a time by a bona fide resident of the zonal border area or of the external border area for domestic consumption;

(v) by or on behalf of the Food Corporation of India; (vi) received by way of gift under the Indo-US Agreement on Relief Supplies, 1951, and despatched to a nominee of the American Voluntary Relief Agency coi erned for relief purposes;

(vii) from a village in the zonal border area or in the external bnrder area to the nearest grain market (mandi) for the purposes of sale, whether such market is within or outside any such area;

(vlil) by or under the authority of the Dandakaranaya Development Autho- rity;

(ix) not exceeding five kilograms In weight In the aggregate by a bona fide traveller as part of his luggage.

7. Power of entry, search, seizure etc.— (l)Any police officer not below the rank of a head constable or any other person authorised in this behalf by the Central Government or the State Government having jurisdiction 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 authorise any person to stop and search any person or any boat, motor or other vehicle or any receptacle used or irtended to be used for the export or import of wheat or any wheat product; ib) enter and search or authorise any person to enter and soarch nny place; (c) seize or authorise the seizure or any wheat or wheat product in respect of which he suspects that any provision uf Ihis Order has been Is being or Is about to be contravened along with the packages, cover- Ings or receptacles In which such wheat or wheat product is found or the animals, vehicles, vessels, boats or other conveyance used in carrying such wheat or wheat product and thereafter take or authorize the taking of all measures necessary for securing the pro- duction of the packages, coverings, receptacles emmals, vehicles.

vessels, boats or other 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 Criminal Procedure, 1898 (5 of 1'398), relating to search and seizure shall, so far as may be, apply to searches and seizures under clause.

8. Effect of 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.

0. Repeal and Savinjf.—The Inter-Zonal Wheat and Wheat Products (Movement Control) Order. 1964 is hereby repealed, except as respects things done or omitted to be done before such repeal.

SCHEDULE

[See clause 2(g)]

Zone States and Union Territories Constituting the Zones

I The States of Jammu and Kashmir. Punjab- Haryana, Uttar Pradesh, Bihar. Madhya Pradesh. Rajasthan and West Bengal (excluding the Calcutta rationed areas) and the Union territories of HImachal Pradesh, Delhi and Chandigarh.

II The State of Maharashtra and the areas comprising Goa in the Union territory of Goa, Daman and Diu.

III The State of Gujarat and the areas comprising Daman and Diu In the Union territory of Goa. Daman and Diu and the Union territory of Dadra and Nagar Haveli

IV The States of Andhra Pradesh, Tamil Nadu, Mysore and Kerala and the Union territory of Pondicherry,

V The States of Assam and Nagaland and the Union territories of Manipur and Tripura.

VI The State of Orissa.

LNo. 204(IZWO)(lj/1074/fiO-PY.II!

R. BALASUBRAMANIAN, Jt, Secy.

PRINTED BY THE OKNEKA1, MANAGER, GOVERNMENT OF INDIA PRESS NtW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 69