The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 50] NEW DELHI, SATURDAY, FEBRUARY 4, 1978/MAGHA 15, 1899
Separate paging is given to this part in order that it may be filed as a separate compilation
MINISTRY OF CIVIL SUPPLIES AND COOPERATION
ORDER
New Delhi, the 4th February, 1978
S.O.64(E).—In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Govern- ment hereby makes the following Order to amend the Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977, namely :—
1. (I) This Order may be called the Pulses, Edible Oilseeds and Edible Oils (Storage Control) Amendment Order, 1978.
(2) It shall come into force atonce.
2. In clause 2 of the Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977 (hereinafter referred to as the said Order), for sub-clause (j), the following sub-clause shall be substituted, namely :—
''(j) 'producer' means a person carrying on the business of milling any of the pulses or expelling, extracting or manufacturing any edible oil,
(i) by buying pulses or edible oilseeds for being processed by himself and selling the finished products to a wholesaler or through a commission agent: or
(ii) by doing any of the processes of milling, expelling, extracting or manufacturing on behalf of another;".
3. In sub-clause (1) of clause 4 of the said Order, for the second, third ana fourth provisos, the following provisos shall be substituted, namely :—
"Provided further that where a dealer is also carrying on business as a producer or commission agent, he shall be entitle to re- tain the stock limits specified in this sub-clause for each such business if such business and accounts thereof are kept separate and dis- trict from one another:
138 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)] TABLE 'Producer
Quantity ofunmilleu pulses, edible oilseeds or
Quantity of finished stock, namely, milled pulses.
mustard seeds •
oilormustardoil
(2)
0)
(3)
Producer who has com- menced production after Producer who is carrying on business on the com- mencement of this Order.
Produccrwhohas com-
menced production after
the commencement of this
Prod ucej- who is carry ing on business on the com- mencement of this Order
Order.
. the commencement of thisOrdnr.
1. Producer of pulses
For a period of one year from the date of com- mencement of his pro- duction, one-twelfth of the quantity of pulses
One-twenty-fourth of his maximum production in any of the three years ending on the 31st day of October, 1977.
One-twelfth of the ma- ximum quantity of pulses used by him in any of the three years ending on the 31st day of Octo- ber, 1977.
J-or a period of one year from the date of com- mencement of his pro- duction, one-twenty- fourlh of the quantity equal to his annual installed capacity.
that would bo required for producing a quantity equal to his annual installed capacity.
2, Producer of edible oils,
other than mustard oil
One-twelfth of his maxi- mum production in any of the three years ending on the 31st day of Octo- ber, 1977.
One-eighth of the ma- ximum quantity of edible oilseeds used by him m any of tho three years ending on the 31st day of October, 197*7.
For a period of one y"ar from the date ol com- mencement of his | pi o- duction, one-twelfth of a quantity equal to hrs annual installed cap- city.
For a period of one year from the date of com- mencement of his prod uc- tion, one-eighth of the quantity of edible oil- seeds lhat would be rerequircd for producing the quantity equal to his annual installed capa- city.
3. Producer of mustard oil
One-twenty-fourth of his For a period of one year
maximum production in any of the three years ending on tin? 3jst day of October, 1977.
For a period of one year from the date of com- mencement of his pro- duction, one-twelfth of the quantity of mustard
One-twelfth of the maxi- mum quantity of mustaid seeds used by him in any of the thlce years end- ing on the 31st day of October, 1977.
from the date of com- mencemont of his pro- duction, one-twemy- fourthof a quantity equal to his annual installed capacity.
seeds that would be re- quired for producing the quantity of mustaid oil equal to his annual ins- talled capacity.
Provided also that where any quantity of pulses, edible oils oi edible oilseeds is in transit, then, foi the pui potes of this sub-claute, such quantity shall be deemed to have been included in the stocks of the dealer in whom the pi operty in such quantity is retained dui leg such transit in accordance with the teims of any contiact or agreement in puisuancc of which the quantity is put in such transit." 4. After clause 7 of the said Order, the following clause shall be insei ted, namely :—
' "7A Power to exempt : The State Oovei nmentmay, if it considers it necessary fo> avoiding any hardship or for any other just and sufficient reason, by notification in the Official Gazette, exempt any producer, dealer or commission agent from the operation of all or any of the provisions of this Order, either generally or for nny specified period, subject to such conditions as may be specified in the no- tification :
Provided that no notification under this clause shall be issued ex- cept with the previous approval of the Central Government,".
[F.No.26(]6)/77-ECR]
• T. BALAKR1SHNAN, Joint Secy.