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Telangana Pulses, Edible Oil Edible Oil Seeds (Licensing, Storage and Regulation) Order, 2015

Published vide Notification No. G.O.Ms.No. 26, Consumer Affairs, Food and Civil Supplies (CS.I-CCS), 2.6.2016

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a. "Collector" means the Collector of the district and includes Joint Collector in the district and the Chief Rationing Officer in the Twin Cities of Hyderabad and Secunderabad.

b. "State Government" means the State Government of Telangana.

C. "Commissioner" means the Commissioner of Civil Supplies, Government of Telangana.

d. "Bulk Consumer" means a hotel, a restaurant, halwai, an educational institution with hostel facilities, a hospital or a religious or charitable institution, Bakeries, Biscuit manufacturers, Confectionery manufacturing unit.

e. "Commission Agent" means ;he-commission agent having, in the customary course of business as, such agent, authority either to sell Scheduled Commodities or to consign Scheduled Commodities purpose of sale or to buy Scheduled Commodities.

f. "Dealer " means any person engaged in the business of purchase, movement, sale, supply, distribution or storage for sale of any of the commodities specified in the schedule-I whether as a wholesaler or retailer or producer or manufacturer or exporter but except importer, whether or not in conjunction with any other business and includes his representatives or agent."

g. "Dealer in pulses" means A person engaged in the business of purchase, sale and storage for sale of any pulses exceeding ten quintals of one pulses or twenty five quintals of all pulses taken together at one time.

h. "Edible Oil" means any oil used for cooking for human consumption and includes hydrogenated vegetable oils other than coconut oil.

i. "Dealer in respect of edible oil seeds and edible oils" means person, who engages himself in the business of purchase, sale or storage for sale of edible oil-seeds or edible oils in quantity of more than five quintals of any one or all edible oils including hydrogenated vegetable oils taken together or thirty quintals of any one or all edible oil-seeds including groundnut in shell taken together and includes a manufacturer of edible oils, but does not include agriculturalist/Ryot who stores the oil seeds produced by his personal cultivation or seed purpose.

j. "Pulses" means those indicated in Schedule-I to this Order, including Redgram (Tur), Blackgram (Urad), Greengram (Moong), Masur, Matar and Bengalgram (Gram) - whole gram and split (dais) thereof;

k. "Retailer" means a person who sells pulses (whole or split) to consumers directly;

l. "Scheduled Commodities" means any one or more of the commodities mentioned in the Schedule-I to this Order including products thereof other than husk and bran.

m. "Producer" means a person carrying on the business of milling of any of the pulses; by buying pulses for being processed by himself and selling the finished products to a wholesaler or through a Commission agent; or by doing any of the processes of milling or manufacturing on behalf of another, but does not include farmer/agriculturist who stores pulses for his personal cultivation or seed purpose.

n. "Producer in relation to edible oils" means a person carrying on the business of expelling, extracting or manufacturing or refining any edible oils:-

o. "Licensing authority" means:-

(i) in relation to wholesalers, the District Supply Officer of the district concerned or such other Officer not below the rank of a Revenue Divisional Officer as the State Government may so appoint having jurisdiction over the place of business; and

(ii) in relation to retailers in twin cities of Hyderabad and Secunderabad and Rangareddy district with urban agglomeration, the Assistant Supply Officer concerned and elsewhere (other than, the above cities/urban agglomeration ), the Tahsildar having Jurisdiction over the place of business;

P. "Population" means population as determined in 2011 census.

q. "Primary Mandis" means a mandi where a farmer initially sells his Produce.

(a) by buying edible oil-seeds for being processed by himself and selling the finished products through a wholesaler or through a commission agent,

Or

(b) by doing any of the processes of extracting or manufacturing or refining on behalf of another.

r. "Super Bazaar or Super Market" means a commercial establishment where all the Scheduled Commodities required by consumers are sold under one roof and there can be a chain of such outlets either in the same city/town or in different cities/towns.

s. "Wholesaler" means a dealer who sells any Scheduled Commodity to retailers or to bulk consumers.

(ii) The fees specified below shall be chargeable in respect of licence(s) namely:-

(a) A producer (Miller)/Commission Agent shall take wholesale licence from the licensing authority.

(b) The holder of a licence may obtain a duplicate of the licence issued to him from the Licensing Authority, if the original is lost, destroyed or defaced.

Note: "The existing dealers who have paid the Security deposit at the rates prevailing prior to the coming into force of this order shall deposit the difference between the deposit already paid and the deposit as per the order".

(i) Where no appeal against the order of forfeiture has been filed within thirty days from the date on which the order was communicated to him,

Or

(ii) Where appeal against such order has been filed and dismissed, within seven days of the dismissal of appeal.

Stock limits for Producers/Millers dealing with Pulses:

Stock limits for producer/millers dealing with Edible Oil/Edible oil seeds

Note: For the purpose of computing the stock limit specified in columns (3a) and (3b) above, the raw oils (except solvent extracted oils) oils in process or in semi processed state and finished product shall be taken into consideration.

(a) to the Joint Collector if such order is that of the District Supply Officer or the Tahsildar in districts.

(b) to the Chief Rationing Officer, if such order is that of District Supply Officer. (City) or Assistant Supply Officer, in respect of twin cities of Hyderabad and Secunderabad.

(a) require the owner, occupier or any other person in charge of any place, premises, vehicle, or vessel in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of the licence issued there-under has been, is being or is about to the committed, to produce any books, accounts or other documents showing transactions relating to such contraventions.

(b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of the licence issued thereunder has been, is being or is about to be committed.

(c) seize any books of accounts and documents which in the opinion of the licensing authority or as the case may be, the authorized officer, would be useful for or relevant to any proceedings under this Order and return such books of accounts and documents within three months from the date of such seizure to the person from whom they were seized after taking or causing to be taken extracts from or copies thereof as certified by the person in form "D".

(d) search, seize and remove stocks of all or any of the commodities mentioned in Schedule - I to this order in respect of which contravention has taken place; and the animals, vehicles, vessels or other conveyance used in carrying the said commodity in contravention of the provisions of this Order or of the conditions of the licence issued there under and thereafter take or authorize the taking of all measures necessary for securing the production of stocks of commodities and the animals, vehicles, vessels or other conveyance so seized before the Collector and for their safe custody pending such production.

(ii) If the stock register does not show the place from which the stock was brought or sent but the information is available from any other register or document;

(iii) If the stock register could not be maintained for any particular day due to sickness, pressure of work or unavoidable circumstances;

(iv) When the variation between the book and the ground stock is upto 0.5% on the stock available at the time of inspection.

(v) In the course of the normal transaction, if the licensee forgets to mention either the licence number or date on the bill or memo.

(a) Retail shops with an annual turnover of less than Rs.2 lakhs shall not be inspected by the Officers of the Vigilance and Enforcement, Revenue, Civil Supplies and Police Departments. However, for the purpose of source checking in connection with some other crime or in cases of specific complaints against the retailers for hoarding, black-marketing against etc., of essential commodities, such retail shops can be inspected and during such inspections variations if any shall be allowed upto half percent (0.5%) on the stock available at the time of inspection. Every retail dealer shall file a declaration to the licensing authority about the annual turnover within one month after every accounting year is over and obtain an acknowledgement from the licensing authority along with the official seal on the duplicate copy, and this shall be produced to the officials whenever they inspect his premises.

(b) For violation of provisions of this Order such as failure to submit periodical "C" form returns, non maintenance of stock boards and non-exhibition of price lists, prosecution need not be launched. However, departmental action may be initiated. The statement indicating the details of stock transacted in every month submitted to the Commercial Taxes Department, a copy of the same should be submitted to Civil Supplies authority at the district level as "C" form return.

(c) Producers and wholesale dealers in food grains, other than rice millers, shall be 4lowed a variation in stocks upto 5 (five) quintals or upto, 100% (ten percent) of the ground stocks, whichever is less, at the time of inspection.

(d) Wholesaler dealers in edible oils shall be allowed a variation of 2%. (two percent) without any ceiling of the total stocks of edible oils at the time of inspection.

(e) Producers in edible oils shall be allowed a variation in edible oils stocks upto 4% of the stocks at the time of inspection.

(f) Producers and wholesale dealers in edible oil seeds shall be allowed a variation in stocks up to 50/0 (five percent) of the stocks, at the time of Inspection.

(g) Retail shops with an annual turnover of Rs. 2 lakhs and above dealing with food grains, edible oil-seeds and edible oils shall be allowed a variation upto 2% (two percent) of the stocks at the time of inspection without any ceiling.

(a) Keeping in view the different stages in manufacturing of dalls, the dall millers (Producers) should be allowed a variation of 2% between the ground balance and book balance at the time of inspection by the enforcement officials. The wholesalers shall continue to have the existing variation limit of 10% or 5 quintals whichever is less between book balance and ground balance at the time of inspection. However, the marginal variation of 2% has to be reckoned between ground balance and book balance In respect of each variety of pulses/dais and not on all pulses/dais put together.

(b) In respect of the following types of mistakes/lapses/ omissions/irregularities by dealers and millers in pulses (which are only illustrative and not exhaustive in nature), it shall not be necessary to launch prosecution. However, administrative action under the Essential Commodities Act can be initiated. In case the omissions are found to be repetitive and there are reasons to believe that they are deliberate, appropriate action including launching of prosecution, may also be considered at the discretion of the competent authority by recording the reasons in writing:-

(i) Mistakes in mathematical totaling;

(ii) If the stock register does not show the place from which the stock was brought or sent but the information is available from any other register or document;

(iii) If the stock register could not be maintained for any particular day due to sickness, pressure of work or unavoidable circumstances;

(iv) When the variation between the book and the ground stock is insignificant;

(v) In the course of the normal transaction, if the licensee forgets to mention either the licence number or date on the bill or memo;

(c) For violation of provisions of-this Order such as failure to submit periodical "C" form returns, non maintenance of stock boards, and non- exhibition of price lists, prosecution need not be launched. However, departmental action may be initiated. The statement indicating the details of stock transacted in every month submitted to the Commercial Taxes Department, a copy of the same should be submitted to Civil Supplies Authority at the district level as "C" form return.

(i) the purchase, sale or storage for sale of scheduled commodities under this Order on Government account or the Telangana State Civil Supplies Corporation, or the Girijan Cooperative Corporation or Telangana Markfed.

(ii) the sale by banks of stocks hypothecated to them, provided that the commodity is sold in accordance with the terms and conditions applicable to the hypothecators.

Schedule-I

[(See Clause 2(E & F)]

1. Edible Oils and Edible oil-seeds

2. Pulses: (i) Redgram (whole or split)

(ii) Greengram(whole or split)

(iii) Blackgram (whole or split)

(iv) Bengalgram (whole or split)

(v) Masurgram(Whole or split)

(vi) Maturgram( Whole o split)

Schedule-II

(See clause 2(1))

Schedule - III

(See Clause 3(i))

Form - A

Application for grant/renewal of licence

1. Applicant's name

2. Applicant's profession

3. Applicant's residence

4. Situation of applicant's place of business with particulars as to number of house, mohalla, town or village, police station and district.

5. How long has the applicant been trading in the commodities for which licence is applied for?

6. Did the applicant hold for the commodity, licence on any previous occasion? If so give particulars including its suspension or cancellation if any.

7. Quantity of each scheduled commodity handled annually during the last three years.

8. Quantity of scheduled commodities likely to be handled during the Current year.

9. Income Tax paid in the two years preceding the year of application (to be indicated separately).

10. (a)Quantity of scheduled commodities in the possession of the applicant on the date of application and the places at which the different quantities are kept (Separate figures are to be given for each variety)

(b)Complete address of places where the scheduled commodities are proposed to be stored

*(a) I have not previously applied for such licence in this District for Scheduled Commodities now applied for

*(b) I applied for such licence in this District for on ..................................... and was/was not granted licence on ..................................... .

*(c) I hereby apply for renewal of licence No. ..................................... dated issued to me on ..................................... which is enclosed.

*(d) I enclose herewith the challan bearing No. ..................................... dated ..................................... for Rs. ..................................... paid into the Sub-treasury ..................................... Bank ..................................... towards licence/renewal fee.

* (Strike off the clauses-not applicable)

Signature of the Applicant

Form - B

[See Clause 3 (ii))

Licence for purchase, sale/storage for sale of Scheduled Commodities

Retailer/Wholesaler
Both retailer and wholesaler
Producer
"Producer, Wholesaler and
Commission Agent"

(b) Commodities in which the aforesaid business to be carried on shall not be stored at any place other than the place of business noted in condition 2(a) above or any of the godown mentioned below : ...............................................................................................................

Note: - If the licensee intends to store his commodities in places other than those specified in the licence, he shall apply to the licensing authority, producing the licence for making requisite changes therein by the licensing authority. The licensing authority shall issue permission within 48 hours from the time of receipt of such application for occupying new god owns. If such permission is not received by the applicant within the said time, it shall be deemed that the applicant has been permitted to occupy the new god owns.

(c) The licensee shall take adequate measures to ensure that the commodities stored by him are maintained in proper condition and that damage to the commodities due to ground moisture, rain, insects, rodents, birds, fire and such other causes are avoided. Suitable dunnage shall be used to avoid damage from ground moisture and food grains shall be fumigated with chemicals approved for the purpose by persons who have undergone practical training in that regard. The licensee shall also ensure that fertilizers insecticides and poisonous chemicals likely to contaminate are not stored along with the commodities in the same godown or in Immediate juxtaposition of stocks.

(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 stock on each day.

(ii) The licensee shall enter the particulars referred to in item (b) and item (c) of sub-clause (i) above in the register as soon as the relevant transaction takes place.

(iii) The licensee shall complete his accounts for each day on the day to which they relate.

(iv) A licensee who is a producer himself should separately show the stock of his own produce in the daily account, if such stocks are stored in his business premises.

(v) The licensee shall keep In the business premises mentioned in condition -2, all the records and books relating to the transactions of purchase, sale or storage for sale, so as to make them readily available to the inspecting officers for check.

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

(ii) withhold from sale supplies of scheduled commodities ordinarily kept for sale, or

(iii) charge, In respect of any sale, of scheduled commodities made by him a price In excess of that calculated, when the rate of sale by such licensee Is fixed by the Central Government or the State Government in pursuance or, the powers conferred by any law for the time being in force, or by the producer.

(a) shall be exhibited in plain and legibly written English language or in the chief language of the district concerned.

(b) shall include separately the prices of different classes or varieties of scheduled commodities; and

(c) shall bear the signature of the licensee with date.

Signature of the Officer
issuing the licence

Form - C

(For use by a dealer)

(See condition 4 of Form - B)

Note: Information in respect of the "Source of supply" shall be furnished by the licensee indicating the market or markets and the quantity purchased from each market. Fie need not give details. of the names of each such dealer and of the quantity purchased from each such dealer unless in any single case he has purchased a quantity of 200 quintals or more.

Form-D

(See Clause 17 (1) (c))

The Telangana Pulses, Edible Oil Edible Oil Seeds (Licensing, Storage and Regulation) Order, 2015

Signature of the person concerned