REGISTERED NO. D. (D.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 395] NEW DELHI, MONDAY, DEC. 17, 1979/ AGRAHAYANA 26, 1901
Separate paging is given to this Part in order that it may be filed as a separate compilation
Un THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)J ,
1955), the Central Government hereby makes the followinf Order, namely :—
1. Short title, extent and commencement.—{1) This Order may be called the Sugar (Retention and Sale by Recognised Dealers) Order, 1979.
(2) It extends to the whole of India.
(3) Tt shall come into force at once-
2. Definitions.—In this Order,—
(a) "recognised dealer" means a person carrying on the business of purchasing, selling or distributing sugar and licensed under the Orders relating to licensing of sugar dealers for the time being in force in a State or Union territory ;
(b) "sugar" means sugar manufactured by vacuum pan
process.
3. Refention of stocks of sugar.—(1) Every recognised dealer shall retain sixty-five per cent of the stocks of sugar held by him at the close or business on the date of com- mencement of this Order for the purpose of sale to the State Government, or to an officer or agent of such Gov- ernment, or to a corporation owned or controlled by such Government, or fo such other person or class of persons as may be specified by the State Government, under the pro- visions of this Order and subject to such terms and condi- tions as may be specified by the State Government.
Explanation.—For the purpose of this sub-clause, sugar delivered or despatched ot a recognised dealer by a producer of sugar or any other recognised dealer prior to the com- mencement of this Order but which is received by such recog- nised dealer at any time after such commencement shall be deemed to be sugar held by the recognised dealer on tho commencement of this Order.
(2) Where sugar has been retained under sub-clause (1) by a recognised dealer, he shall immediately thereafter intimate the quantity of sugar so retained by him to the State Gov- ernment.
(3) Where a recognised dealer sells sugar under the provi- sions of this Order, there shall be paid to him the price there- for as hereinafter provided :—•
(a) where the price can, consistently with the controlled price fixed under clause 4, be agreed upon, the agreed price;
(b) where no such agreement can be reached, the price
calculated with reference to such controlled price.
4. Controlled price.—-For the purposes of clause 3, tho controlled price of sugar shall be rupees two hundred and eighty only per quintal.
5. Powers of entry, examination, search, seizure.—(1) Any Police Officer, not below the rank of Assistant Sub-Inspector or any other Officer au'horised in this behalf by the 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,—
MINISTRY OF AGRICULTURE & IRRIGATION
(Deportment of Food)
(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 ;
ORDER
New Delhi, the 17th December, 1979
(b) enter, search and examine any place;
(c) seize—
GAR. 702(E)/Eat. Com./Sugar—Whereas the Central Government is of opinion that it is necessary and expedient •o to do for securing the equitable dis'ributfon and availability of sugar at fair prices ;
Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of
(i) any stock of sugar in respect of which he 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 ;
14587
(ii) any packages, covering or receptacles in which such
stoc]t of sugar is found ;
(d) examine or seize any books of accounts or document! which in his opinion, would be useful for. Or rele- vant to, any proceedings in respect of any contra- vention of this Order and return such books of accounts and documents to the person from whom they were seized afte* 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.
[No. l-50/79-SPY-De"Ic H) (ili) the animal*, vehicle*, vessels or other conveyances used in carrying such stock of sugar if he has reason to believe that such animals, vehicles, vessels, or other- conveyances are liable to be for- feited under the provisions of the Essential Com- modities Act, 1955 (10 of 1955) ^nd thereafter take or authorise the taking of all measures necessary for securing the production of the packages, cover- Ings, receptacles, animals, vessels or other con- veyances so seized in a court and for their safe custody pending such production;
C. N. RAGHAVAN, Jt. Secy.
PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NEW DELHI' 1 1 0 0 64
AND PUBLISHED BT THE CONT1OLLEK OP PUBLICATIONS, DELHI-110054, 1979
" PU'aUSHED B* - —-'
1460 THE GAZETTE OP INDIA : EXTRAORDINARY [PART II-SBC. 3(1)].
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 18th December, 1979
CUSTOMS
G.S.R. 703 makes the following further amendment in the notification of the Government of India Ministry of Finance, Department of Revenue No. 202- CUS. [G.S.R. No. 561 (E)], dated the ht October, 1979, namely :—
In the. Schedule below the said notification,—
For Serial No. 5 and the entries relating thereto, the following shall
rbe substituted, namely :—
__ _O)
(2)
(3)
5 Danish Kriners j 65.30
A. BORDIA, Under Secy, [No, ,240-CUS/F. No. 503/679-CUS. VI]