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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. 292] NEW DELHI, WEDNESDAY, SEPTEMBER 12,1979/BHADRA 21, 1901

Separata paging is given to this part in order that it may be filed as a separate compilation

610 GI/73

(1163)

HlINISTRY OF AGRICULTURE AND IRRIGATION

(Department of Food)

ORDER

New Delhi, the 12th September, 1979

G.S.R. 536 (E)/Ess.Cora./Sugar—Whereas the Central Government is of opinion that it is necessary and expedient so to do for securing equitable distribution onit availability at fair prices of sugar ;

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 Sugar (Price Control) Order, 1979.

(2) It extends to the whole of India.

(3) Clause 4 shall come into force on the 17th September, 1979 and the remaining clauses shall come into force at once.

2. Definitions. —In this Order, -

(a) "clause" msans clause of this Order;

(b) "dealer" means a person engaged in the business of

the purchase or sale of sugar;

(c) "Schedule" means Schedule annexed to this Order;

(d) "sugar" means sugar manufactured by vacuum pan

process.

3. Maximum ex-factory price of sugar.—Tho ex-factory price at which sugar produced in any State or Union territory specified in column (1) of Schedule 1 may be sold or agreed to be sold, shall not exceed the price specified in the corresponding entry in column (2) thereof per quintal.

4. Maximum retail price of sugar.—Subject to the pro- visions of clause 3, no dealer in a State or Union territory specified in column (1) of Schedule [I shall, cither directly or by any person on this behalf, sell or agree to sell sugar at a retail price exceeding the price specified in the corresponding entry in column (2) thereof per kilogram.

5. Powers of entry, examination, search, seizure.—(1) Any Police Officer, not below the rank of Assistant Sub-Inspector or any other Officer authorised in this bekalf by tho Central Government or the State Government 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 any person or any boat, motor or other vehicle or any receptacle used or intended to be used for the transport of sugar;

(b) enter, search and examine any place;

(c) seize—

(i) any stock of sugar in respect of which ho has any reason to believe that a contravention of any of the provisions of this Order has been, is being, or Is about to be committed ;

(ii) any packages, covering or receptacles in which such

stock of sugar is found ;

(iii) the animals, vehicles, vessels or other' conveyances used in carrying such stock of sugar if he has reason to believe that such animals, vehicles, vessels, or other

1165

conveyances are liable to be forfeited under the pro- visions of the Essential Commodities Act, 1#55 (10 of 1955), and thereafter take or authorise the taking of all measures necessary for securing the pro- duction of the packages, coverings, receptacles animals, vessels or other conveyances so seized in a, court and for their safe custody pending such pro- duction ;

(5) examine or seize any books of accounts or documents which, in his opinion, would be useful for, or relevant to, any proceedings in respect of any contravention of this Order and return such books of accounts and documents to the person from whom they were seized after copies thereof or extracts therefrom, as certified by that person, have been taken.

(2) The provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure, shall, so far as may be, apply to searches and seizures under this Order.

SCHEDULE I

(See clause 3)

Price

Name of the State or Union territory

(2)

(1)

(Rupees)

268.00 Punjab "| Haryana | Rajasthan 'i Uttar Pradesh f Bihar | Madhya Pradesh J

Guiarat "1

261,00

Maharashtra J

Goa "I

260.00 Andhra Pradesh Karnatka Kerala V Tamil Nadu 1 Pondicherry J

270.00 Assam "| Nagaland 1 Orissa V West Bengal |

Note.—The prices specified in column (2) include—

(i) the basic excise duty and additional excise duty in

lieu of Sales tax;

(ii) charges on transport from factory or godowns and leading at bqyejd^option into buyer's carts, lorries or other means^oP'lfansport at the factory gato or godowns, or into railway wagons at the railway station or siding within a distance notexceeding five kilometers and also include siding or wagon hauling charges;.

(iii) the cost of A Twill new gunny bag in which sugar

is packed; and

(iv) all other incidental charges including dunnage charges

SCHEDULED II

(0 •

(See clause 4)

3.00

Price

Name of the State or Union territory

(2)

(1)

2.91

2,98

2.90

3.00

Nagaland ") Manipur Trlpura Megbalaya Y Silckim I Arunachal Pradesh 1 Mjzoram J Gujarat 1 Maharashtra (. Dadra & Nagar Haveli { Goa, Daman & Diu j Andhara Pradesh 1 Tamil Nadu Karnataka > Kerala Ponflicheny J Lakshadweep Islands

Haryana 1 Punjab 1 Rajasthan Jummu & Kashmir Delhi Himurhal Pradesh Chandigarh UUar Hrjdesh MoJhvj Pradesh Uihar'

J

Note.—The prices specified in column (2) do not include

octroi or any other local taxes.

3.00

[No. 1-33/79-SPY (Desk-II]

C. N. Raghavan Joint Secy.

WeM Bengal "J i Orissa Andaman & Nicohar f J Assam

"UNTED BY THE MANAGER, GOVT. OF INDIA PRESS, RINO ROAD, NEW DELHI. 110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, PBLHI-110054, 1979