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The Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975

Published vide Notification No. Supp. 4/36/75, dated 14-8-1975

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(a) "Deputy Commissioner" includes the Additional Deputy Commissioner;

(b) "Director" means the Director of Supply and Transport, Arunachal Pradesh and any other officer duly authorised by the Chief Commissioner, Arunachal Pradesh (hereinafter referred to as the Chief Commissioner), to exercise the powers and discharge the duties of the Director under this Order ;

(c) "Fair price shop holder" means a retail dealer or a wholesale dealer authorised under the provisions of Clause 3 in respect of any foodstuffs ;

(d) "C.P.O. Centres" means the centres of the Central Purchasing Organisation set up by the Government;

(e) "Licensing authority" means the Director or any other Officer appointed by the Chief Commissioner;

(f) "export" means to take out, or cause to be taken out, from any place within the Union territory of Arunachal Pradesh to any place outside Union territory;

(g) "foodgrains" means rice and paddy, wheat and maize and products thereof;

(h) "form" means a form set out in the Schedule to this Order;

(i) "import" means to bring into, or cause to be brought into any place within the Union territory of Arunachal Pradesh from any place outside the Union territory;

(j) "producer" means a person who produces foodgrains by cultivation and includes a landlord who receives rent wholly or partly in kind in respect of the foodgrains so received, but does not include a person holding licence under this Order ;

(k) "rice mill" means the plant and machinery with which and the premises, including the precincts thereof, in which or in any part of which rice-milling operation is carried on.

Part A

Establishment of Fair Price Shop

(a) the quantity, class and grade of foodgrains held in stock by such person;

(b) the period within which the foodgrains directed to be sold by such person are to be delivered.

Part B

Regulation of Sale, Purchase and Storage for Sale

(a) the stock of foodgrains available in the locality for which the licence is required ;

(b) the number of persons who have applied for and those who have been granted licences in respect of the foodgrains under this Order in the locality :

(c) the business ordinarily carried on by the applicant;

(d) the past activities of the applicant as a licensee or businessman/firm ; and

(e) whether the applicant is a co-operative society.

TABLE

Part C

Restriction on Movements

(a) under and in accordance with a military credit note ; or

(b) on Government account; or

(c) by the Food Corporation of India.

(a) not exceeding 5 kilograms in weight in the aggregate by a bona fide traveller as part of his luggage ; or

(b) under and in accordance with a military credit note ; or

(c) on Government account; or

(d) by the Food Corporation of India.

(a) no person shall move or transport or cause to be moved or transported into a notified area any foodgrains other than coarse grains, wheat and wheat products without a permit issued by the Director or the Deputy Commissioner or any officer authorised by the Chief Commissioner in this behalf ;and

(b) the acquisition, disposal, movement and/or transportation of foodgrains in the notified area shall be subject to such further restrictions as may be specified in the notification.

Part D

Milling of Paddy

Part E

Supplementary and Miscellaneous

(a) issue directions to licensees regarding the purchase or disposal of foodgrains ;

(b) by order require any licensee to furnish such information or statistics or produce for inspection such accounts, books or documents relating to his business as may be specified in the order ;

(c) enter and search or authorise any person to enter and search any premises or vehicles used or believed to be used for the purchase, sale or storage for sale of foodgrains in contravention of any provision of this Order or seize or authorise the seizure of stocks of foodgrains in respect of which he has reason to believe that a contravention of this Order has been or is being or is about to be committed.

(b) The Chief Commissioner or any officer authorised by him on being satisfied that the stock of paddy or rice held by any person is in excess of his consumption requirement may by order in writing require the person to sell the excess stock to any other person and the person so ordered shall comply with the direction within the date specified in the order.

The Schedule

Form I

[See Clause b]

Application for licence

1. Name of applicant............

2. Father's name............

3. Applicant's profession..........

4. Applicant's address..........

5. How long the applicant has been trading in foodgrains ?

(Particulars to be given for each kind of foodgrains)....

6. Applicant's place(s) of business and area in which he wishes to operate. In the case of application for licence to purchase foodgrains, the names of the place of head office and branch offices already in existence or proposed to be opened should be separately stated ........

7. The names and addresses of the agents whom the applicant wishes to engage, the areas wherein they will operate, the location of their godowns and the minimum quantity to be stored by each at a time.....

8. Quantities of each kind of foodgrains handled annually during the last 5 years..............

9. Name of foodgrains in respect of which licence is required and the kind of licence asked for..............

10. Whether the applicant was refused any licence before ? (If so, particulars with date of order to be furnished)...........

I declare that the following quantities of foodgrains are in my possession this day and are held at place(s) noted against them :

1..............

2.................

3..............

I have carefully read the provisions of the Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975 and the conditions of the licence, and I agree to abide by them. The information given above is, to the best of my knowledge and belief, correct.

Signature..............
Date................

Form II

[See Clause 8]

Licence for purchase, sale/storage for sale of foodgrains

1. Subject to the provisions of the Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975, and to the terms and conditions of this licence is/are hereby authorised to purchase, sell, or store for sale, tire undermentioned foodgrains :

2. (a) The licensee shall carry on the aforesaid business at the following place :

(b) Foodgrains in which the aforesaid business is to be carried on shall not be stored at any place other than any of the godowns mentioned below :

Notes. - If the licensee intends storing his foodgrains in places other than those specified above, the shall give prior intimation thereof and shall produce the licence for making requisite changes by the licensing authority.

The licensee shall store tonnes of foodgrains.

3. (i) The licensee shall, except when specially exempted by the Administration or by the licensing authority in this behalf, maintain a register of daily accounts for each of the foodgrains mentioned in paragraph 1, showing correctly-

(a) the opening stock on each day ;

(b) the quantities received on each day showing the place from where and the source from which received ;

(c) the quantities delivered or otherwise removed on each day showing the places of destination ; and

(d) the closing sock on each day.

(ii) The licensee shall complete his accounts for each day on the day to which they relate, unless prevented by reasonable cause the burden of proving which shall be upon him.

4. The licensee shall, except when specially exempted by the Chief Commissioner or by an officer authorised by the Chief Commissioner in this behalf, submit to the licensing authority concerned a true return, in Form III of the stocks, receipts and deliveries of each of the foodgrains every fortnight (1st to 15th and 16th to the end of the month) so as to reach him within 7 days after the close of the fortnight.

5. The licensee shall not contravene the provisions of the Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975, or any other Order relating to foodstuffs issued under the Essential Commodities Act, 1955 (10 of 1955).

6. The licensee shall not contravene the provisions of any law relating to foodstuffs for the time being in force.

7. The licensee shall not-

(i) enter into any transaction involving purchase, sale or storage for sale of foodgrains in a speculative manner prejudicial to the maintenance and easy availability of supplies of foodgrains in the market;

(ii) withhold from sale, supplies of foodgrains ordinarily kept for sale ; or

(iii) charge, in respect of sales of foodgrains made by him, a margin of profit in excess of the rate fixed by the Administration.

8. The licensee shall exhibit at the entrance or some other prominent place of his business premises, the price list of foodgrains held by him for sale. Such price list shall be legibly written in the principal language of the locality concerned. It shall indicate separately the prices of different varieties of foodgrains.

9. The licensee, if he is a whole-saler, shall sell foodgrains only to retailers who are registered with him and/or in accordance with such directions as the licensing authority or any officer authorised by that authority in this behalf, may give from time to time. Tire register of retailers shall be in Form IV.

10. The licensee shall except when specially exempted by the Chief Commissioner or by the licensing authority in this behalf, issue to every customer a correct receipt of invoice, as the case may be, by giving his own name, may address and licence number,the name, and address and license number (if any) of the customer, the date of transaction, the quantity sold, the price per quintal and the total amount charged and shall keep a duplicate of the same to be available for inspection on demand by the licensing authority or any officer authorised by it in this behalf, under Clause 26 of Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975.

11. The licensee shale give all facilities at all reasonable times to the licensing authority or any officer authorised by it to the Chief Commissioner under Clause 27 of the Arunachal Pradesh Foodgrains (Licensing and Control) Order, 1975 for the inspection of his stocks and accounts at any shop, godown or other place used by him for the storage, sale or purchase of foodgrains and for the taking of samples of foodgrains for examination.

12. The licensee shall comply with any direction that may be given to him by the Chief Commissioner or licensing, authority or any other officer authorised by him in regard to purchase, sale and storage for sale, of foodgrains and in regard to the language in which the register, returns, receipts or invoices mentioned in paragraphs 3, 4, 8,9 and 10 shall be written and the authentication and maintenance of the register mentioned in paragraphs 3 and 9.

13. The licensee shall, in a case when he functions in a regulated market, abide by such instructions relating to his business as are given by the marketing authority having jurisdiction, and in any other case by such body as may be recognised by the Chief Commissioner in this behalf.

14. The licensee shall not sell or offer to sell in any locality any foodgrains at a price higher than that fixed for sale of that foodgrain in such locality by the Centra) Government, or the Chief Commissioner in pursuance of any power conferred by law.

15. The licensee is allowed to purchase foodgrains through the following agents operating in the area noted against each :

16. This licence shall be attached to any application for renewal.

17. This licence shall be valid up to...........

(Licensing Authority)

Form III (i)

[See Condition 4 of Form II]

Fortnightly return of stocks, receipts and sales of foodgrains

1. Name of foodgrain .......................

2. Name of licensee.......................

3. Fortnight ending.......................

4. State.....................

5. District....................

6. Town......................

7. Licence No......................

8. Annual Turnover in all foodgrains Rs.........................

9. Security Deposit Rs ..........................................

10. Stock at the beginning of the fortnight and the particulars of godowns held.........................................

Total of all Godowns

11. Stocks pledged with any person or institution such as a Bank or Co-operative Society, etc. -

Totals

12. Total of stocks held by the stockist and pledged (i.e., total of items 10 and 11 above in quintals).....

Quintals.

13. Quantity purchased during the fortnight and source of supply-

14. Quantity sold during the fortnight-

To Bulk Consumers.
To Registered Retailers.
To other wholesalers.
To Government.
TOTAL

Note. - Quantity sold earlier but delivered during the fortnight will also be included in Cols. 14.2,14.3 and 14.4.

15. Stock at the end of the fortnight-

Total:-

16. Place.........

17. Date......................

18. Signature

Dealer's Stamp and Licence No.

1. The Licensing Authority

2......................

Form III (ii)

[See Condition 4 of Form II]

Quarterly return of approximate margins in respect of stocks of each foodgrain sold during the quarter ending................................20.

1. Name of Licensee.......................

2. State......................

3. District.....................

4. Address......................

5. Town.......................

6. Licence No......................

7. Annual Turnover Rs........................

8. Security Deposit Rs......................

9. Date of close of the year's accounts.....................

Note. - Information in respect of the above table shall be furnished by the licensee for each quarter ending 31st March, 30th June, 30th September and 31st December of every year. This information shall be supplied along with the return [Form III (i)] for the second fortnight of the month following the end of the quarter.

10. Place..........................

11. Date .....................

12. Signature......................

Dealer's Stamp and Licence No.

1. Licensing Authority

2. ..............

Form III (iii)

[See Condition 4 of Form II]

Annual return of actual margins in respect of stock of each foodgrain sold during the year ending on 20.

1. Name of Licensee

2. Address

3. State

4. District

5. Town

6. Licence No

7. Annual Turnover Rs

8. Security Deposit Rs

9. Date of close of the year's accounts..................

Note. - Information in respect of the above table shall be furnished by the licensee for each year within two weeks of the closing of the Annul Accounts for that year. This statement shall be furnished along with the return [Form III (i)] for the the second fortnight of the month following the end of year.

10. Place............

11. Date.............

12. Signature ........

Dealer's Stamp and Licence No...

Form IV

[See Condition 9 of Form II]

Register of Retailers

1. Name of the Licensee ;.......

2. Address..............

3. Licence No. ................

Form V

[See Clause 27 (2) (a)]

Fortnightly return of stocks of foodgrains for the fortnight ending.......................................

1. Date of declaration.............

2. Name and full address of declarant...........

3. Quantity of foodgrains held on .............

Rice	Paddy
(in quintals)	(in quintals)

4. Purpose for which stocks are held............

5. Place(s) where the stocks are kept.

Signature of Declarant