REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 342] NEW DELHI, WEDNESDAY, OCTOBER 13, 1976/ASVINA 21, 1898
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF AGRICULTURE AND IRRIGATION
(Department of Food)
ORDERS
New Delhi, the 13th October, 1976
G.S.R. 844(E).—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 further to amend the Inter-Zonal Wheat, and Wheat Products (Movement Control) Order, 1973, namely:—
1. (1) This Order may be called the Inter-Zonal Wheat and Wheat Products (Movement Control) Fourth Amendment, Order, 1976.
(2) It shall come into force at once.
2. In the Inter-Zonal Wheat and Wheat Products (Movement Control) Order, 1973 (hereinafter referred to as the said Order), the words "and wheat products" or "or wheat products" or "or any wheat product" or "or wheat product" wherever they occur, except in clause 9, shall be omitted,
3. In the said Order,—
(2541)
. , ,. THE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC 3(i)(iii) ill clause V, in sub-clause (1),—
(a) in the opening paragraph, afLer the words "or the State Government", the words '"under n notification specifying the rank of such officer and" Khali be inserted;
(b) in sub-item (iil) of item (c), for the words "in a court", the words "before the Collector of the District or the Presidency-town, or the judicial authority appointed under section GC of the said Act if required to do so," shall be substituted;
(c) for item (d), the following item shell be substituted, namely: —
"(d) examine or seize any boohs of accounts or documents which In his opinion shall be useful for, or relevant to, any proceedings in respect of any contravention of this Order and allow the person from whose custody such books of accounts or documents ore seized to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.11.
4. Savings.—The Iner-Zonal Wheat and Wheat Products (Movement Control) Order, 1973 shall in so, far ns it relates to wheat products, cease to be In force except as respects things done or omitted to be done before such cessation.
[No. 3(Genl)(ll)/76-D&RI-44]
G.8.R. 845 (E),—Whereas the Central Government is of opinion that it is neces- sary and cxnp^ipit RO to do for securing the equitable distribution of wheat products In the different States of India;
Now. therefore, in exercise of the powers conferred by section 3 of the Essen- tial Commodities Act, 1955 (10 of 1955), the Central Government hereby makei the following Order, namely:—
1. Short W e, extent and commencement.—(]) This Order may be called the Inter-Zonal Wheat Products (Movement Control) Order, 1976.
(2) It extends to the whole of India.
(3) It sh.ill come into force at once.
2. Definitions.—In this Order, unless the context otherwise requires,—
(a) "export" means to take or cause to be taken, by any means whatsoever, from any place within a Zone to a place outside it;
(b) "external border area" means the area within a fifteen-kilometer belt inside a Zone and adjoining the territory of any foreign country;
(c) "State Government" means the Government of any State included in a
Zone and includes the Administrator of a Union territory;
(d) "wheat product" means wholemeal atta, atta, maida, sujl or rawa;
(e) "Zone" means any of the Zones as specified in the Schedule annexed to this Order;
(f) "zonal border area" means the area within an eight-kilometer belt in- side a zone and adjoining—
(i) another Zone; or (ii) the sea.
3. Restriction on export, of wheat products.—No person shall export or nttemr/t to export or abet the export of any wheat product except under and in accordance with a permit issued by—
(i) the Central Government or by an officer authorised by it In this behalf, or
(ii) the State Government or by an officer authorised in this behalf bv that Government subject to the condition that the exports under such permits shall be regulated in accordance with such directions as may be issued by the Central Government in this behalf from time to time:
2543
Provided that nothing contained in this clause shall apply to the export of any wheat product—
(i) on Central Government account; or (ii) under and in accordance with Military Credit Notes; or (iii) by or on behalf of the Food Corporation of India established under section 3 of the Food Corporations Act, 1964 (37 of 1964); or (lv) by or on behalf of such public agencies as may be approved by the Central Government, with such conditions as it may impose; or
(v) received by way of gift under the Indo-U.S. Agreement on Relief Sup- plies, 11)68, and despatched to a nominee of the American Voluntary Relief Agency concerned for relief purposes; or
or
.(vii) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage.
4. Restrictions on the movement of wheat products to or within the zonal border area.—No person shall move, attempt to move or abet the movement o* *njr 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, "xcept under and in accordance with a permit issued by the State Government having .iuritdlcatlon in this behalf or by an officer authorised in that behalf by that Government.
I. Restrictions on the movement of wheat products to or within the external border area.—No person shall move, attempt to move or abet the movement of anj wheat product—
(a) to any place in the external border area from any place outside 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 Q permit issued by he State Government having jurisdiction in this behalf or by an officer authorised in that behalf by that Government,
6. Exemption for border areas.—Nothing contained in clause 4 or clause 5 shall Mpplr to the movement of any wheat product—
(i) on Central Government account; or (ii) UDder and in accordance with Military Credit Notes; or
(iii:) within the same town or village in the zonal border area or in the exter- nal border area; or
(tv) not exceedine ten kilograms in weight in the aggregate at a time by a bon^ fide resident of the zonal border area or of the external border area for domestic consumption; or
(v) by or on behalf of the Food Corporation of India established under section 3 of the Food Corporations Act, 1964 (37 of 1064); or
(vl) by or on behalf of such public agencies ns may be approved by the Cent- ral Government in this behalf, with such conditions as it may impose;
(vll) received by way of gift under the Indo-U.S. Agreement on Relief Supplies, 1P68, and despatched to a nominee of the American Volunt- ary Relief Agency concerned for relief purposes; or
(viil) from a villaRe in the zonal border area or in the external border area to the nearest srain markket (mandi) for the purpose of sale, whether such market is within or outside any such area; or
(ix) by or under the authority of the Dandakaranya Development Authority;
(x) not exceeding five kilograms in weight In the aggregate by a bona fide traveller as part of his luggage; or
THE GAZETTE OF INDIA EXTRAORDINARY PART II—SIC. 3"t>
7 Powers of entry, examination, search and seizure.—(1) Any police officer aot below the rank of Assistant Sub-Inspector or any other officer authorised in this behalf by the Central Government or the State Government under a notification specifying the rank ol such officer and having jurisdiction may with a view to secur- ing compliance with this Order or to satisfying himself that this Order has been complied, with—
(a) stop and search any person or any boat, motor or other vehicle or any receptacle used or intended to be used for the export or movement 01 any wheat product;
(b) enter, search or examine any place; (c) seize—
(i) any stock of wheat product in respect of which he has reason to believ* that a contravention of any of the provisions of this Order has been,. is being, or is about to be committed; and
(ii) any packages, coverings or receptacles In which such stock ol wheat
pro,duct is found; and
(in) the animals, vehicles, vessels, or other conveyances used In carrying such stock of wheat product if he has roason to believe that such animals, vehicles, vessels or other conveyances are liable to be for- feited under the provisions of the Essential Commodities Act, 1955 (10 oi 1955), and thereafter take or authorise the taking of all measures necessary for securing the production of packages, cover- ings, receptacles, animals, vehicles, vessels or other conveyances so seized before the Collector of the District or Presidency-town, or the judicial authority appointed under section 6C of the said Act, If required to do so, and for their safe custody pending "uch ppp production; (d) examine or seize any books of accounts or documents which in his opinion shall bo useful for, or relevant to, any proceedings in respect of any contravention of this Order and allow the person from whose custody such books of accounts or documents are seized to make copies thereof or to take extracts therefrom in his presence.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizures shall, so far as may be, apply to searches and seizures under this 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 tim" being In force.
THE SCHEDULE
[ See clause 2 (c)]
Zone States and Union Territory F cci si:ii.t;j ( the Zones.
The States of Ar.dhra Pradesh, Tamil Nudit, Ktrnateka and Kerala ar.d the Union I.
tcri itory ol Pon di chc rry. $
II.
The States of A^sam, Manipur, MrE.halrye, Nffelrrd. Trijv.rp. Ciitte, iUV'm Erd WeftB~r.galar.dthe Union territories of AnaiachalPrtdish, Mjztuir.tr d Ar.dtnuW and Nlcobar [si inds.
The States of Gujarat, Maharashtra ar.d Mcdhya Prrdcsh ar.d the Ur.jcn territorial III.
of Dadra ar.d Nagar Haveli ar.d Goa, D small, ar d Diu.
The States of Punjab, Haryar.e, Jsrnmu nr.d KEsr.nrr.. Hiir.Fcr.eJ Frrdrf}, Rnjutihar, IV.
Uttar Pradesh and Bihar and the Ur.jonttrritoricF of Cher dip/rh ET d DtlJii.
[No. 3(Genl)(ll)/76-D&RI/481
L. C. GUPTA, Joint Secy.
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