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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 209] NEW DELHI, THURSDAY, JULY 24, 1975/SRAVANA 3, 1897

SeparatepagingisgiventothisPartinorderthatitmaybefiled

as a separate compilation.

MINISTRY OF AGRICULTURE AND IRRIGATION

(Department of Food) ORDER.

New Delhi, the 24th July 1975

G.S.R. 425(E).—Whereas the Central Government is of opinion that it is necessary and expedient so to do for maintaining supplies of rice and its availability within the State of Gujarat and the Union territory of Dadra and Nagar Haveli:

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 Gujarat and Dadra and Nagar Haveli Rice (Export) and Paddy (Movement Control) Order, 1975. (2) It extends to the whole of the State of Gujarat and the Union territory of Dadra and Nagar Haveli.

(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 inside the zone all along its border;

(b) "export" means to take or cause to be taken, by any means whatsoever, from any place within the zone to a place outside it;

(c) "rice" includes rice, paddy and products of rice or paddy other than husk and bran;

(1669)

(d) "State Government" means the Government of the State of Gujarat or the Administrator of the Union turntory oi Dadra and Nagar Haveli, as the ease may be;

(e) "Zone" means the area comprising the Stale of Gujarat and the Union territory of Dadra and Nagar Haveli to which this Order extends,

3. Restrictions on export of rice.—No person shall export or attempt to export or abet th© export of rice except under and in accordance with a permit issued by—

(a) the Central Government or by an officer authorised by the Central Government in this behalf; or (l>) the State Government; or (c) the Director of Civil Supplies, the Director of Food, or any other officer of the Government of Gujariii authorised by that Government in this behalf; 01 (d) the Collector, the Purchase and Supply Officer, or any other officer of the Union territory of Dadni and Nagar Haveli authorised by the Administrator in this behalf :

Provided that nothing contained herein shall apply to the export of rice—

(i) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage; or

(ii) on Government account; or

(iii) under and in accordance with Military Credit Notes; or (iv) by or under the authority of the Food Corporation, of Indja established under the Food Corporations Act, 1964 (37 of 1964).

4. Restriction* on the moremenl of paddy within the State of Gujarat,—No person .shall move or attempt to move, or abet; the movement of paddy from one district to another district in the State of Gujarat whether by road, rail, water or air, except under and in accordance with a permit issued by the State Government of Gujarat or by the Director of Civil Supplies, the Director of Food or by any other officer of thnt Government authorised by it in this behalf :

Provided that nothine contained herein shall apply to the movement of paddy—

(i) not exceeding one kilogram in weight in the aggregate by a bona fide traveller as part of his luggage; or

(ii) on Government account; or

(iii) under and in accordance with the Military Credit Notes.

5. Restrictions on movement of rice In border area.—No person shall move or attempt to move or abet the movement of rice-

la) to any place in the border area from any place outside that area in the Zone; (b) from any place in. the border area to any other place in that area:

except under and in accordance with a. permit issued by.- •

(a'* the State Government of Gujarat or the Director of Civil Supplies, the Director of Food, the Collector of the District or any other officer of that Govern- ment authorised bv it in this behalr in so far as the border area of Gujarat State is concerned; or

(b) the Collector, the Purchase and Supply Officer or any other officer of the Union territory of Dadra, and Nagar Haveli authorised by the Administrator in this behalf in so fur us the border area of the said Union territory is concerned.

6. Exemption.—-Nothing in, this Order shall apply to the export or movement of rice, being seed*, certified as such by or under the authority of (he National Seeds Corporation f.imited.

7. Powers of entry, search, seizure, etc.—(1) Any Police Officer not below the rank of Head Constable or any officer of the Civil Supplies Department not below the rani of Supply Inspector or any Revenue Officer not below the rant of Aval-Karkun and an> other person, authorised in this behalf by the State Government may, with a view tr securing compliance with the order or to satisfying that this order has been complied with— (a) stop and search or authorise any person to stop and search any person or an) vessel, boat, motor or other vehicles or any receptacle used or intondet to be used for the export of rice;

(b) enter and search or authorise a.ny person lo enter and search any place;

(c) seke or authorise the seizure of any rice in respect of which he has reason to believe thai any provision of this order hus been, is being or is about to be contravened, alongwith the packages, coverings or receptacles, in which such rice JS found or the animals, vehicles, vessels, boats or conveyances used, in carrying such rice for securing the production of the packages, coverings, receptacles, animals, vehicles, vessels, boats or con- veyances so seized in a court and for their safe custody pending suck production:

Provided that in exercising the powers of entry and search under this clause due regard shall be paid by such officers to the social and religious customs of occupants of the place, vehicle, vessel or boat, as the case may be.

(2) The provision* of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)t relating to search and seizure shall, so far as may be, apply to searches "nd seizures under this clause.

8. Repeal Mid sartog.—(1) The Gujarat Rice (Export Control) and Paddy (Movement Control) Order, 1966, issued by the Government of the State of Gujarat on the 29th June, 1966, La hereby repealed except as respects things done or omitted to be done before such repeal under the said Order.

(2) The Dadra, and Nagar Havcli Foodgrains (Export Control) Order, 1967, issued by the- Administrator of the Union territory of Datftra and Nagar flaveli, is also hereby repealed in. so far it relates to rice and paddy except as respects things done or omitted to be done before such repeal under the said Order.

[No. 4(GUJ-DNH)( 1 )/75-D&R(I)-24]

L. C. GUPTA, Jt. Secy.

MCNTED F5? THE GKNZRAL MANAQHt, GOVERNMENT OF INDIA PRESS, MINTO BOAS, NIVY DM.HI AND PUDLIaHHD BY THE CONTROLLER OV PUBLICATIONS, DELHI, 1 9 78