State of Uttar Pradesh - Act
The U.P. Coal Control Order, 1977
UTTAR PRADESH
India
India
The U.P. Coal Control Order, 1977
Rule THE-U-P-COAL-CONTROL-ORDER-1977 of 1977
- Published on 1 January 1977
- Commenced on 1 January 1977
- [This is the version of this document from 1 January 1977.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
- (i) This Order may be called the Uttar Pradesh Coal Control Order, 1977.2. Definitions.
- In this Order unless there is anything repugnant in the subject or context,-3. Exceptions.
- (A) Nothing in this Order shall apply to-4. Licensing.
- No person shall import coal and carry on business as a coal agent, carry on business as a coal depot holder or run a brick kiln with coal except under and in accordance with the terms and conditions of a licence issued under this Order X:Provided that any person who is engaged in such business as a coal agent at the commencement of this Order or any person who is so engaged as a Coal Depot Holder or is running a brick kiln with coal under a licence obtained by him under the Uttar Pradesh Coal Control Order, 1975, shall obtain a licence under this Order only from April 1, 1978 or the date of expiry of his current licence, whichever is earlier.5. Issue of licence.
6. Period of licence and fee chargeable.
- Every licence granted under this Order shall be valid up to 31st March next following the date on which it is issued and may be renewed from year to year or a maximum period of 3 years at a time on payment of the fee mentioned below:| (a) For grant of a new licence | Rs. | |
| (i) For wholesale trade | .. | 60.00 |
| (ii) For retail trade | .. | 30.00 |
| (iii) For running a brick kilnwith coal | .. | 45.00 |
| (b) For renewal of a licence- | ||
| (i) For wholesale | .. | 40.00 per annum or part thereof, |
| (ii) For retail | .. | 20.00 per annum or part thereof. |
| (iii) For running a brick kilnwith coal | .. | 30.00 per annum or part thereof. |
| (c) For issue of a duplicate licence- | ||
| (i) For wholesale | .. | 30.00 |
| (ii) For retail | .. | 15.00 |
| (iii) For running a brick kilnwith coal | .. | 20.00 |
7. Security.
8. Directions regarding import, purchase, sale, storage and distribution.
- (i) A licence under this Order-(A)shall acquire full quota of coal allotted to him, unless prevented by sufficient cause to the satisfaction of the District Magistrate;(B)shall comply with any direction that may be issued to him from time to time by the State Coal Controller or the District Magistrate in regard to import, purchase, sale, storage or distribution of coal or for running a brick kiln with coal and sale and distribution of bricks, as applicable to him.(ii) (A)The coal agent shall not sell coal at rates higher than those fixed from time to time by the District Magistrate in the following manner-(a)F.O.R. colliery price actually paid by the dealer;(b)Central and State Sales Tax or any other taxes; cesses and duties at rates applicable at the time of sale; and(c)Handling charges at such rate per metric tonnes of coal as may, from time to time, be fixed by the State Government.(B)A coal agent shall sell coal to any person who does not hold a licence issued under this Order.(iii)A Coal Depot Holder shall-(a)sell coal in accordance with the instructions of the District Magistrate issued from time to time;(b)not dispose of coal until its rates have been fixed by the District Magistrate;(c)not sell coal at rates higher than those fixed from time to time by the District Magistrate in the following manner:9. Maintenance of accounts.
10. Display of stock position.
- Every dealer shall display at a conspicuous place of his business premises, the opening balance and price of each variety of coal in stock before the commencement of business on each day:Provided that a wholesale dealer or Coal Agent, who does not stock coal physically, shall not be required to display the stock position.11. Delivery of Consignments of Coal by rail.
- All licensees and other person acting on their behalf shall submit the Railway Receipts pertaining to consignments of coal for counter signatures, before taking delivery thereof from the Railway-12. Export of coal bricks.
- No person shall export, cause to be exported or offer for export coal or bricks produced with the aid of slack coal from the territory of Uttar Pradesh without obtaining prior written permission from the representative State Coal Controller:Provided that nothing in this clause shall apply to bona fide traveller carrying to any place, outside the State of Uttar Pradesh coal, not exceeding ten quintals in weight, as a part of his household effects.13. Power of entry, search, seizure, etc.
- (i) The State Coal Controller or Licensing Authority or any Inspector may, with a view to securing compliance with this Order-14. Power to call for information.
- Every licensee under this order or other user of coal shall, when so required by general or special directions by the State Coal Controller or the Licensing Authority, furnish truthfully and to the best of his knowledge such particulars or information relating to coal or bricks as may be required.15. Penalties.
16. Effect of suspension or revocation of licence.
- Suspension or revocation of a licence or forfeiture of security in whole or in part shall not entitle a licensee to any compensation or to the refund of any fee paid by him for such a licence.17. Power of State Government to call for records and pass orders.
- The State Government may call for the records of any case and pass such orders in the case as may in the circumstances, appear to it necessary in the public interest.18. Power to exempt.
- The State Government or, for reasons to be recorded in writing, the State Coal Controller may by general or special order, exempt any person or class of persons from the operation of all or any of the provisions of this order and may also at any time suspend or rescind such exemption.19. Savings.
- Any order made or directions issued or deemed to be made or issued under the Uttar Pradesh Coal Control Order, 1975, or Uttar Pradesh Bricks Control Order, 1971 (as amended from time to time) and in force immediately before the commencement of this order shall continue and to be an order made under this order or directions issued under this order.Form 'A'Form of application for a licence as a dealer of coal in whole sale/ retail for allotment and use of coal or running a brick kiln for renewal of licence:| 1. | Name of the applicant | … | ... | ... | ... | ... |
| 2. | Address-(a) business | … | ... | ... | ... | ... |
| (b) residential | … | ... | ... | ... | ... | |
| 3. | Father's/Husband's name ... ... ... ... ... | … | ... | ... | ... | ... |
| 4. | If the application is made on behalf of a firm, incorporatedcompany or Co-operative Society, state its trading name and thename of in which the licence is required | … | ... | ... | ... | ... |
| 5. | Names and addresses of all partners/directors and agents,members of the Managing Body or Administrative Officials, as thecase may be- | … | ... | ... | ... | ... |
| (i) ........... | … | ... | ... | ... | ... | |
| (ii) ........... | … | ... | ... | ... | ... | |
| (iii) .......... | … | ... | ... | ... | ... | |
| (iv) ........... | … | ... | ... | ... | ... | |
| (v) ............ | … | ... | ... | ... | ... | |
| 6 | Exact address and location of business premises/site wherethe brick kiln is situated | … | ... | ... | ... | ... |
| 7 | Exact address of the office if it is different from thebusiness premises or site of the brick kiln mentioned against theforegoing item ... | … | ... | ... | ... | ... |
| 8 | Previous experience in the business for which licence isrequired... | … | ... | ... | ... | ... |
| 9 | Particulars of other similar business held by the licensee isrequired... | … | ... | ... | ... | ... |
| 10 | Did you or any of the partners ever apply for such licencebefore and if so with what result?... | … | ... | ... | ... | ... |
| 11 | Have you or any of the partners ever been prosecuted for abreach of any Control Order, if so, give brief particulars... | … | ... | ... | ... | ... |
| 12 | Number and date of the existing licence, the renewal of whichis applied for and the period for which such renewal is desired... | … | ... | ... | ... | ... |
2. I/We declare to the best of my/our information and belief the above information is correct and complete.
Dated.............Signature of the Applicant(s)District..................Note. - Strike off whatever is not applicable.Licence in Form 'B'Licence for wholesale dealer of coal (coal agent) for soft coke and slack coal for domestic consumption and use by brick kilns under the Uttar Pradesh Coal Control Order, 1977.| (1) | Register no. | …. | Licence no. ... | .... | …. |
| (2) | Name of the Licensee | …. | .... | .... | …. |
| (3) | Business address | …. | .... | .... | …. |
| (4) | Exact location of the place of storage if it is differentfrom the business address | …. | .... | .... | …. |
| (5) | This licence is valid up to | …. | .... | .... | …. |
| (6) | The licence is granted subject to the conditions noted below: | …. | .... | .... | …. |
| Date of renewal | Date of expiry | Signature of Licensing Authority | Remarks |
1. The licensee shall maintain an office or branch office in the district.
2. The licensee shall display his licence prominently at the place of his business.
3. The licensee shall not carry on business or store coal except in the premises specified in this licence provided that the premises may be changed or additional premises used with the permission of the Licensing Authority.
4. The licensee shall maintain a Stock and Sales Register or such other register and submit such returns as may be required by the Licensing Authority or the State Coal Controller.
5. The licensee shall take timely action to submit programme for the movement of the coal, allotted to him by the Licensing Authority, with the Coal India Limited or its subsidiary concerns and the Railway and shall advise the Licensing Authority of reasons for which he does not intend to submit or has not submitted the programme for any movement or intends to or has got such programme cancelled at the time of allotment. He shall be liable for appropriate action if such reasons are not found satisfactory by the Licensing Authority.
6. Licensee shall import coal only of good quality and proper size which should be according to the specifications laid down by the Indian Standards Institute.
7. The licensee shall furnish particulars of grade of coal, Railway receipt and colliery bill of the coal immediately after its loading from the colliery to the Licensing Authority so that he can allot it to licensees in Form 'C' or 'B', as the case may be, before the coal actually arrives at the destination.
8. The licensee shall sell coal to licensee in Form 'C and 'D' issued under the U.P. Coal Control Order, 1977 as per allotment made by the Licensing Authority. If any allottee does not take delivery of the coal allotted to him within 24 hours of the arrival of the coal at the destination station (of which the licensee shall inform the allottees), the licensee shall after taking permission from the Licensing Authority, be at liberty to sell it to other licensee in Form 'C and 'D' in the district and if such coal or any part thereof cannot be sold in the district within the next 24 hours, may, with the previous approval of the Licensing Authority, sell it to the licensees of other districts of U.P.
9. The licensee shall not refuse to sell or withhold from sale any coal in his possession in such quantities at such time, to such persons and in such manner as the Licensing Authority may, by written order, direct.
10. The licensee shall charge the price of coal from the purchasers only at the time of or after the sale and not before.
11. The licensee shall render all reasonable facilities to persons authorised by the Licensing Authority for inspection of his premises, stock and accounts.
12. The licensee shall render all reasonable facilities to furnish correctly such information as may from time to time be demanded from him and shall carry out such instructions as may, from time to time, be given to him by the Licensing Authority.
13. Any contravention of these conditions by the licensee or by his agent or servant will render the licence liable to cancellation without prejudice to any other action that may be taken against him.
Licence in Form 'C'Licence for a retail dealer (Coal Depot Holder) of soft coke, hard coke, steam coal for domestic consumption under the Uttar Pradesh Coal Control Order, 1977.| (1) | Register no. | …. | Licence no. ... | .... | …. |
| (2) | Name of the Licensee | …. | .... | .... | …. |
| (3) | Business address | …. | .... | .... | …. |
| (4) | Exact location of the place of storage if it is differentfrom the business address | …. | .... | .... | …. |
| (5) | This licence is valid up to | …. | .... | .... | …. |
| (6) | The licence is granted subject to the conditions noted below: | …. | .... | .... | …. |
| Date of renewal | Date of expiry | Signature of Licensing Authority | Remarks |
1. The licensee shall display his licence prominently at the place of his business.
2. The licensee shall display in a prominent place of the business premises a list showing the control price of each variety of coal as fixed by the Licensing Authority and quantity of such coal available on that date and he shall not sell or offer for sale each variety of coal over and above the price fixed for the variety.
3. The licensee shall not carry on business or store coal except in the premises specified in this licence provided that the premises may be changed or additional premises used with the permission of the Licensing Authority.
4. The licensee shall maintain a Stock and Sales Register or such other register and submit such returns as may be required by the Licensing Authority or the State Coal Controller.
5. The licensee shall not refuse to sell or withhold from sale any coal in his possession in such quantities at such times, to such person and in such manner as the Licensing Authority may, by written order, direct.
6. The licensee shall render all reasonable facilities to persons authorised by the Licensing Authority for inspection of his premises, stock and accounts.
7. The licensee shall furnish correctly such information as may from time to time, be demanded of him and shall carry out such instructions as may from time to time, be given to him under this Order, by the Licensing Authority.
8. Any contravention of the conditions by the licensee or by his agent or his servant will render the licence liable to cancellation without prejudice to any other action that may be taken against him.
Licence in Form 'D'Licence for running a brick-kiln with coal under the U.P. Coal Control Order, 1977.| (1) | Register no. | …. | Licence no. ... | .... | …. |
| (2) | Name of the Licensee | …. | .... | .... | …. |
| (3) | Business address | …. | .... | .... | …. |
| (4) | Exact address and location of the............ site of the brick-kiln. | …. | .... | .... | …. |
| (5) | This licence is valid up to | …. | .... | .... | …. |
| (6) | The licence is granted subject to the conditions noted below: | …. | .... | .... | …. |
| Date of renewal | Date of expiry | Signature of Licensing Authority | Remarks |
1. Name and address of the licensee.
2. Stock return for the month of.
A-Coal| Kind of Coal | Opening balance | Receipt during the month | Total stock available during the month | Quantity sold/ utilised during the month | Balance in hand on the last date of the month | Remarks, if any |
| Class of bricks | Opening balance | Production during the month | Total stock available during the month | Quantity sold and otherwise disposed of during the month | Balance in hand on the last date of the month | Remarks if any |