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State of Andhra Pradesh - Act

Andhra Pradesh Pulses (Licensing Storage and Regulation) Order, 2007

ANDHRA PRADESH
India

Andhra Pradesh Pulses (Licensing Storage and Regulation) Order, 2007

Rule ANDHRA-PRADESH-PULSES-LICENSING-STORAGE-AND-REGULATION-ORDER-2007 of 2007

Published on 6 September 2007
Commenced on 6 September 2007
[This is the version of this document from 6 September 2007.]
[Note: The original publication document is not available and this content could not be verified.]

Andhra Pradesh Pulses (Licensing Storage and Regulation) Order, 2007Published vide Notification No. G.O. Ms. No. 33, Consumer Affairs, Food and Civil Supples (C.S.I), dated 06.09.2007Last Updated 19th September, 2019No. G.O. Ms. No. 33. - In exercise of the powers conferred under Section 3 of the Essential Commodities Act, 1955, (Central Act 10 of 1955) read with the Order of Government of India, Ministry of Agriculture (Department of Food) New Delhi, GSR 452 (E) dated 25th October, 1972 and GSR 800 dated 9th June, 1978 and S.O. 1488 (E), dated 31st August, 2007 of Ministry of Consumer Affairs Food and Public Distribution, Department of Consumer Affairs, New Delhi and with the prior concurrence of the Government of India in the Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, vide reference No. 11/6/ 2007-ECR&E dated 12th September, 2007, the Governor of Andhra Pradesh hereby makes the following Order namely:-

1. Short title, extent and commencement.

(1)This Order may be called the Andhra Pradesh Pulses (Licensing Storage and Regulation) Order, 2007.

(2)It extends to the whole of the State of Andhra Pradesh.

(3)It shall come into force on the date of publication of this Order in the Andhra Pradesh Gazette and shall remain in force as directed from time to time by the Central Government.

2. Definitions.

- In this order, unless the context otherwise requires:

(A)"Collector" means the Collector of the district and includes the Joint Collector in the district and the Chief Rationing Officer in the twin cities of Hyderabad and Secunderabad.

(B)"Commissioner" means the Commissioner of Civil Supplies, Government of Andhra Pradesh and includes the Director of Civil Supplies, Government of Andhra Pradesh;

(C)"Pulses" means those indicated in Schedule-1 to this Order, including Red gram (Tur), Black gram (Urad), Green gram (Moong) and Bengalgram (Gram) - whole gram and split dais thereof;

(D)"Dealer" means:- A person engaged in the business of purchase, sale and storage for sale of any pulses exceeding ten quintals of all pulses taken together at any one time, namely:-

(i)"Wholesaler" means a person who sells pulses (whole or split) to a retailer and consumes including bulk consumers directly;

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

(iii)"Producer" means a person carrying on the business of milling of any of the pulses;

(a)by buying pulses for being processed by himself and selling the finished products to a wholesaler or through a Commission agent; or

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

(E)"Commission Agent" means the Commission Agent having, in the customary course of business as such agent, authority either to sell goods or consign the goods for the purpose of sale of to buy goods;

(F)"Bulk Consumer" means a hotel, a restaurant, halwai, super bazar, an educational institution with hostel facilities, a hospital or a religious or charitable institutions;

(G)"Super Bazar" means where all the 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.

(H)"Cities"

(i)"Category A City" ; means a city, included as Category A city in the Schedule-II to this Order having a population of 10 lakhs and more;

(ii)"Category B City"; means a city, included as category B city in the Schedule-II to this Order having a population of 3 lakhs and more but less than 10 lakhs;

(iii)"Category C City"; means other cities or other areas with a population below 3 lakhs.

(I)"Population" means population as determined in 2001 census.

(J)"Primary Mandis" means a mandi where a farmer initially sell their produce.

(K)"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, Vijayawada and Visakhapatnam towns and also Rangareddy District with urban agglomeration, the Assistant Supply Officer concerned and else where (other than above cities/ urban agglomeration), the Tahsildar having jurisdiction over the place of business;

Provided that where a dealer applies for a Composite License for conducting both wholesale and retail business, the Licensing Authority empowered to grant wholesale license shall also exercise the powers in respect of retail licence.Provided that each chain of Super Bazaar in the State would be given wholesale licence where wholesale stocks are stored and each branch of super bazaar would be given retail licence by the respective Licensing Authorities.

3. Licensing of Dealers.

(1)No person shall carry on business as a dealer or producer or a commission agent dealing in pulses, except under and in accordance with the terms and conditions of a licence issued in this behalf by the Licensing Authority. Provided that persons taken licences during the period from 23-9-2006 to 28-2-2007 shall invariably take licences afresh under this Order.

(2)For the purpose of this clause, any person who stores in quantity of more than 10 quintals of one or more of pulses put together at any one time, unless the contrary is proved be deemed to be carrying on business as a Dealer, Producer or a Commission Agent dealing in pulses, under this Order.

(3)A separate license shall be obtained by a dealer for each place of business and storage point also except in respect of places of purchase.

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

4. Issue and renewal of licence.

(1)Every application for a licence or renewal thereof shall be made to the licensing authority in Form A as prescribed in Schedule-Ill to this Order.

(2)Every licence issued, re-issued or renewed under this Order shall be in Form-B as prescribed in Schedule-Ill to this Order.

(3)Every application for renewal shall be made along with the licence before expiry of the period of licence.

(4)The licence may be renewed under special circumstances, if the application for renewal is received with one month after the expiry of the period of its validity i.e., after grace period subject to payment of fee of Rs. 300/- (rupees three hundred only) for renewal of wholesale Licences and Rs. 125/- (rupees one hundred and twenty five only) for renewal of retailers licences. However, if an application is for renewal of licence is made after one month, the licence shall cease to be valid and the entire security deposit made Sub-Clause (1) of Clause (6) shall be forfeited.Provided that where an application for issue of fresh licence has been received by the licensing authority and if such application is not rejected or returned for valid reasons, within a month the applicant can thereafter commence business and continue till such time as his application for grant of licence is rejected.Provided further that the validity of the licence shall not be deemed to have expired if an application for its renewal as required under sub-clause (iii) above is pending before the licensing authority.

5. Period of Licence and fee chargeable.

(1)Every licence granted under this Order shall be valid for a period ending 31st March and may be issued or renewed for a period of six months at a time, as may be applied for.

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

(a)Licence Fees (In Rs.)
Pulses;
(i) Wholesale	600.00
(ii) Retail	250.00
(iii)Wholesale + Retail	850.00
(b)Renewal Fees:-
Pulses
(i) Wholesale	300.00
(ii) Retail	125.00
(iii)Wholesale + Retail	425.00
(c)Duplicate Licence Fees:-
Pulses:
(i) Wholesale	250.00
(ii) Retail	150.00
(iii)Wholesale + Retail	400.00
(iv) Aduplicate licence may be obtained from the Licensing Authorityduly paying the prescribed fees if the original licence is lost,destroyed or defaced.

Provided that for the persons who are taking fresh licences as per the provisions under this order, the amounts paid by them towards licence fee and renewal fee during the period from 23-9-2006 to 28-2-2007 shall be taken into consideration and the difference if any, shall only be collected.

6. Deposit of Security.

(1)Every person applying for licence under this Order shall, before such licence is issued to him deposit the following sums with the licensing authority for the due performance of the conditions subject to which the licence is granted.

SI. No.	Commodity	WholesaleRs.	RetailRs.	Wholesale + RetailRs.
1.	Pulses	1000	500	1200

Provided that nothing in this sub-clause shall apply to a shop / establishment run by the State Government or a State Government undertaking or a Corporation wholly owned by the State Government under a Government scheme conditions subject to which the licence is granted to him.Provided that nothing contained in this clause shall apply to the Wholesale Consumers Co-operative Societies, Primary Co-operative. Stores and the Gram Panchayat running fair price shops.

(2)The security may be in the shape of National Defence Certificate, National Savings Certificates and the like pledged, or cash deposited in Government Treasury of the district concerned or cash guarantee, in favour of the-licensing authority for due performance of the terms and

7. Power to refuse to grant or renew licensee.

- This licensing authority may after giving the dealer concerned an opportunity of stating his case and for reason to be recorded in writing, refuse to grant or renew licence.

8. Cancellation or suspension of a licence.

(1)No holder of a licence issued under this order or his agent or servant or any person acting on his behalf shall contravene any of the terms or conditions of the licence, and if any such holder or his agent or servant or any person acting on his behalf contravenes any of the said terms or conditions, then without prejudice to any other action that may be taken against him, his licence may be cancelled or suspended by an order in writing of the licensing authority. Provided that no order shall be made under this clause unless the licensee has been given reasonable opportunity of stating his case and being heard in person against the proposed cancellation or suspension.

(2)Notwithstanding any thing contained in sub-clause (1) above where a licensee has been convicted by a Court of law in respect of contravention of any Order made under Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) relating to any of the pulses, the licensing authority shall be order in writing cancel his licence.

9. Forfeiture of Security Deposit.

(1)Without prejudice to the provisions of sub-clause (4) of clause 4 and clause 8, if the licensing authority is satisfied that the licensee has contravened any of the conditions of the licence and that a forfeiture of the security is called for, the said authority may, after giving the licensee a reasonable opportunity of stating his case and being heard in person against the forfeiture, by order, forfeit, the whole or any part of the security deposit made by the licensee under sub-clause (1) of Clause 6 of the Order.

(2)Where the security deposit of a licensee or any portion thereof is forfeited, the licensee shall deposit the amount so forfeited.

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

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

(3)Upon due compliance by the licensee with all obligations under the licence, the amount of security or such part thereof, which is not forfeited as aforesaid, shall be returned to the licensee after the termination of the licence.

10. Disposal of stock when licence is cancelled or suspended.

- When licence issued under this Order is cancelled or suspended, the stocks of that pulses available with the licensee in respect of which contravention has taken place, shall be disposed of in accordance with the directions of the licensing authority.

11. Restriction on possession of Pulses.

- No licensee shall either by himself or by any person on his behalf, store or have in his possession at any time the pulses in excess of the quantities specified below.

(1)Pulses (All pulses taken together)

	Wholesaler )(Qtls)	Retailer (Qtls)
(a) Category 'A' City (Hyderabad / Visakhapatnam Vijayawada)	2000	50
(b) Category 'B' Cities, (Guntur, Kakinada, Rajahmundry,Nellore, Tirupati, Kurnool and Warangal.)	1000	40
(with population of 3 lakhs and more but less than 10 lakhs.)
(c) Category 'C' other areas (with a population of below 3lakhs.)	1000	40

Provided that the stocks limits specified for a wholesaler in Category 'A' Cities shall apply to a wholesaler in such primary mandi is situated in other categories of Cities as the State Government may, having regard to the location of such mandies or new mandies added to the list other relevant factors, from time to time, specify:-Table: Stock limits for Producers (Millers) dealing in Pulses

Producer	Quantity of un-milled pulses	Quantity of stock of milled pulses
	(a) Producer who is carrying on business on thecommencement of this Order.	(b) Producer who has commenced production afterthe commencement of this Order.	(a) Producer who is carrying on business on thecommencement of this Order.	(b) Producer who has commenced production afterthe commencement of this Order.
1	2(a)	2(b)	3(a)	3(b),
Producer of Pulses	Onetwelth of the maximum quantity of the Pulses used by him in anyof the three years ending on the 30th day of September, 2006.	For a period of one year from the date of commencement of hisproduction one twelth of the quantity of pulses that would berequired for producing a quantity equal to his annual insta1ledcapacity. For the second and third year of his production, onetwelth of the quantity of Pulses that would be required forproducing a quantity equal to his annual installed capacity andthereafter one tweleth of maximum of pulses used by him in any ofthe three years immediately after commencement of his production.	One-twenty-fourth of his maximum production in anyof the three years ending on the 30th day of September, 2006.	For a period of one year from the date ofcommencement of his production, one twenty fourth of the quantityequal to his annual installed capacity. For the second year andthird year of his production 1 / 24th of the quantity of pulsesthat would be required for' producing a quantity equal to hisannual installed capacity and thereafter 1 / 12th of the maximquantity of pulses used by him in any of the three yearsimmediately after the commencement of his production.

Provided further that where a dealer is also carrying on business as a producer or commission agent, he shall be entitled to retain the stock limits specified in this sub-clause for each such business if such business and accounts thereof are kept and distinct from one another.A producer (Miller) who also happens to be a wholesaler will be eligible stock limits of pulses indicated in the table.

12. Power of the State Government in special circumstances and issue of directions.

(1)Government with the prior concurrence of Central Government shall exercise the power and issue a general or special order, when it is considered necessary or expedient to do so for securing the availability of pulses at fair prices thought the State and when the price rise is found to be abnormal, the State Government shall interfere with the trade and tackle the crises situation and contain the prices of pulses so as to ensure that common man gets the supply of pulses without lot of hindrance on the part of trade and specify at which rate the pulses shall be bought and sold within the State. Price fixation shall be done after adding incidentals etc. keeping in view the MSP communicated by the Central Government during the respective crop year.

(2)The Government, shall issue instructions or directions by way of general or special order for undertaking de-hoarding operations to mitigate the rising trend of prices of pluses, in accordance with the provisions of this Order in the larger public interest, for distribution through Public Distribution System by evolving a separate distribution mechanism through Government Agencies. The dealers shall comply the orders of the Government.

(3)Without prejudice to the generality of the foregoing powers such directionsmay be issued to any dealer that any one pulses of all pulses put together may be sold to only such persons or institutions, through such Government Agencies, in such quantities and at such intervals as the Commissioner, Collector or the licensing authority may be general or special order, direct.

13. Licensee not to purchase pulses at prices lower that the notified procurement price from farmers.

(1)Any person who holds a licence under the Order, or his agent or servant or any other person acting on his behalf and transacting business by purchasing pulses shall not purchase the pulses of fair average quality specifications at a price lower than the price notified, if any, by the State Government or the Central Government.

(2)Every purchaser under clause 13 (i) shall cause to be taken and sealed in the presence of the Producer / Agriculturist, two representative sample packets and handover one sample packet to the Producer / Agriculturist and retain the other with him. He shall also issue a receipt to the Producer / Agriculturist showing the variety of the pluses, quantity; price for quintal and total amount paid and retaining one copy of the receipt with him.

14. Licensee not to sell pulses at prices higher than maximum prices fixed.

- The licensee shall not sell the pulses at a price higher than the maximum price, if any, fixed therefor, from time to time by the Central Government or by the State Government.

15. Appeal.

(1)Any person aggrieved by an order of the licensing authority refusing to issue, re-issue or renew a licence or cancelling or suspending a licence or forfeiting the security deposit under the provisions of this Order, may within thirty days of the date of receipt by him of the Order, appeal. -

(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. Provided that in case of cancellation of a license by the licensing authority on the ground of conviction by a Court of Law no appeal against such cancellation shall lie to the Appellate Authority.

(2)No order shall be passed in appeal unless the aggrieved person has been given an opportunity of stating his case in writing and being heard in person.

(3)Pending the disposal of an appeal, the appellate authority may direct that the order refusing to renew a licence or the order cancelling or suspending a licence shall not take effect, until the appeal is disposed of.

16. Revision.

(1)The State Government may on their own motion or on an application made to them call for and examine the record of the subordinate officers to satisfy themselves, as to the regularity of such proceedings, or correctness, legality or propriety of any decision passed or made therein and if in any case it appears to the Government that any such decision or order should be modified, annulled or remitted for reconsideration, they may pass orders accordingly.

(2)No order Prejudicial to any person shall be passed under sub-clause (1) above, unless such person has been given an opportunity of making his representations.

(3)The State Government may direct that the order refusing to renew a hence or the order cancelling or suspending a licence shall not take effect until the revision is disposed of.

17. Powers of entry, search, seizure etc.

(1)The licensing authority or any other officer of the Revenue Department or Civil Supplies Department not below the rank of Inspector of U.D. Cadre or any Commercial Tax Inspector or any officer of Police Department now below rank of Sub-Inspector in his respective jurisdiction may with such assistance, if any, as he thinks fit or any Gazetted Officer of Vigilance & Enforcement Department.

(a)require the owner, occupier or any other person in charge of any place, premises, vehicle, or vessel in which he ha 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 the committed, to produce any books, accounts or other documents showing transactions relating to such contraventions.

(b)enter, inspect or break open 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 there under 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 pulses 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 thereunder 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.

(e)The charge or hypothecation in respect of pulses stocks in any area shall not come in the way if it enforcement official has reason to believe that the stock is found to be illegal and stored for violation of the provisions of this Order and the said stock can be seized by the enforcement officials.

(2)The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) regarding search and seizure shall, so far as may be, apply to searches and seizures under this clause.

18. Marginal variations in the Stocks at the time of inspection of business premises / Dali Mill / Godown premises of pulses.

(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 an 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 / dalls and not on all pulses / dalls 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 totaLling; (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.

19. Savings.

- Noting in this Order shall apply to. - (i) Nothing contained in this order shall affect the transport, distribution or disposal of pulses (whole or split) to places outside the State, nor shall it be applicable to import of this commodity.Provided that the Central or State Governments may direct the importers to declare the receipts of stocks of this commodity, and stocks retained by them

(ii)the purchase, sale or storage for sale of pulses to this Order on Government account and the Andhra Pradesh State Civil Supplies Corporation, the Girijan Co-operative Corporation and A.P. Mark fed.

20. Power of Exempt.

- The State Government may, if it considers it necessary for avoiding any hardship or for any other just and sufficient reason, by notification, in the Official Gazette, exempt any producer, dealer or commission agent from the operation of all or any of the provision of this Order, either generally or for any specified period, subject to such conditions as may be specified in the notification.

I

(See Clause 2 (D))Pulses viz:

(a)Red gram (whole or split)

(b)Green gram (whole or split)

(c)Black gram (whole or split)

(d)Bengal gram (whole or split)

II

(See clause 2 (H))

1. Category "A"	:	Cities
(having apopulation of 10.00 lakh and above)	:	Hyderabad, Visakhapatnam, and Vijayawada.
2. Category "B"	:	Guntur, Kakinada, Rajahmundry
Nellore,Tirupati, Kurnool and Warangal. (having a population of 3.00lakhs and above but less than 10.00 lakhs)
3. Category "C"	:	Areas other than mentioned in Category "A"
(Other Areaswith population below 3 lakh)	:	and "B".

III

Form - AAndhra Pradesh Pulses (Licensing, Storage and Regulation) Order, 2007.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 Pulses for which licence is applied for?

6. Did the applicant hold for the commodity, licence on any previous occasion/

7. Quantity of pulses handled annually during the last three years.

8. Quantity of pulses 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 Pulses 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 pulses are proposed to be stored.

I declare that the quantities of pulses specified above are in my possession this day and are held at the places noted against them.I have carefully read the conditions of licence given in Form B appended to the Andhra Pradesh Pulses (Licensing, Storage and Regulation) Order, 2007 and 1 agree to abide by them.*(a) I have not previously applied for such licence in this District for Pulses 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 challahs bearing No dated for Rs................paid into the Sub-treasury...................Bank..............towards licence / renewal fee.*(Strike off the clauses not applicable)Place:Date:Signature of the Applicant

III

Form - B(See Clause 4 (2))Licence for purchase, sale / storage for sale of pulses

Licence No.	Retailer / Wholesaler
	Both retailer and wholesaler
	Producer
	"Producer, Wholesaler and Commission Agent"

Subject to the Provisions of the Andhra Pradesh Pulses (Licensing, Storage and Regulation) Order, 2007 and the terms and conditions of this licence Sri/Ms...................is/are hereby authorized to purchase, sell, or store for sale the under mentioned pulses (whole or split) as Retailer / Wholesaler / both Retailer and Wholesaler, Producer / both Producer & Wholesaler.

2 (a) Thelicence shall carry on the aforesaid business at the followingplace:

(b) Pulses(whole or split) in which the aforesaid business to be carries onshall not be stored at any place other that the place of businessnoted in condition 2 above or any of the godown mentioned below:

Note. - If the licensee intends storing his/her pulses (whole or split) in places other than those specified in the licence, he/she 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 pulses (whole split) stored by him are maintained in proper condition and that damages to the pulses (whole or split) 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 pulses (whole or split) shall be fumigated with the chemicals approved for the purpose by persons who have undergone practical training in that regard. The licence shall also ensure that fertilises, insecticides and poisonous chemicals likely to contaminate are not stored along with the pulses (whole or split) in the same godown or in immediate juxtaposition of stocks.

3. (i) The licensee shall except when specially exempted by the State Government or by the licensing authority in this behalf, maintain a register of daily accounts for each variety of pulses mentioned in condition I, 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 to otherwise removed on each day showing the places of destination; and

(d)the closing stock on each day.

(ii)The Commission agent shall maintain a register for daily transaction showing correctly: -

(a)S.No.

(b)Name of the ryot from whom pulses (whole or split) is purchased and his address.

(c)Name and address of the miller or trader and don whose behalf the pulses (whole or split) is purchased.

(d)Authority under which purchases made.

(e)Quantity purchased.

(d)Classification (Variety) of pulses (whole or split) purchased.

(iii)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.

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

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

(vi)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.

4. The licensee shall, except when specially exempted by the State Government in this behalf, submit separately for each licence held by him to the licensing authority concerned a true, in Form-C of the stocks, receipts and delivers of such of the pulses (whole or split) every month so as to reach him within five days after the close of the month.

4A. The Commission Agent shall submit separately for each licence held by him /her to the licensing authority concerned in Form-C (a) of the pulses purchases made by him / her on behalf of others ever fortnight so as to reach the licensing authority within three days after close of the fortnight.

5. The licensee shall not contravene the provisions of the Andhra Pradesh Pulses (Licensing, Storage and Regulation) Order, 2007 issued under the Essential Commodities Act, 1955 (Central Act 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. - (1) enter into any transaction involving purchase, sale or storage for sale all or any of the Pulses (whole or split) in a speculative manner, prejudicial to the maintenance and easy availability of supplies of Pulses (whole or split) in the market.

(ii)Withhold from sale supplies of Pulses (whole or split) ordinarily kept for sale, or

(iii)Charge, in respect of any sale of Pulses (whole or split) made by him/her 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 of the powers conferred by any law for the time being in force, or by the producer.

8.

(1)Every licensee shall exhibit at the entrance or some other prominent place of his/her business, the price list of Pulses (whole or split) held for sale.

(2)A price list of pulses (whole or split) specified in the above clause (1 ):-

(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 vanities of Pulses (whole or split)

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

Explanation. - In this clause, the expression 'written' includes printing, lithography and other modes representing or reproducing words in a visible form.

(3)The prices indicated in the price- list shall at no time exceed those at which the licensee shall sell or offer to sell in any locality, any Pulse (whole or split) under condition 7 (iii).

9. A wholesaler shall ordinarily sell Pulses (whole or split) to other wholesaler and to retailers. He may also sell Pulses at wholesale rates up to four quintals only, directly to any person other than licensed dealer. He shall show in cash memos clearly whether the sales are to wholesalers or retailers or persons other than licensed dealer, produce the same before the licensing authority or any Officer authorized by him in the behalf on demand.

(a)"A non-milling-wholesaler shall sell Pulses (whole or split) to retailers. A miller-cum-wholesaler shall ordinarily sell Pulses (whole or split) to other non-milling wholesaler and to retailers. They may also sell Pulses (whole or split) at wholesale rates up to four quintals only directly to any person other than licensed dealer. He shall show in cash memos clearly whether the sales are to wholesalers or retailers or persons other than licensed dealer, produce the same before the licensing authority or any Officer authorized by him in the behalf on demand.

Provided that in the border area, no wholesaler shall sell pulses (whole or split) and their products to any person other than a retailer:Explanation. - For the purpose of this clause, 'border area' means the area within the ten miles belt inside Andhra Pradesh, border adjoining other States.Provided further that the limit of four quintals shall not apply to the bulk consumes like hotels, hostels and boarding houses.Explanation. - For this purpose a city or urban area shall mean the municipal limits of the city or urban area.

(a)A retailer shall be permitted by the licensing authority to purchase pulses (whole or split) from a licensed wholesaler with whom he is not registered for lack of supplies with the wholesaler with whom he is registered or for any other valid reason.

10. The licensee shall, except when specially exempted by the State Government or by the licensing authority in the behalf, issue to ever customer a correct receipt or invoice, as the case may be, giving his own name, address and licence number and the name, address and licence 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 authorized by him in this behalf.

11. The licensee shall give all facilities at all reasonable times to the licensing authority or any officer of the Civil Supplies / Revenue Department not below the rank of Inspector of U.D. cadre, for the inspection of stocks and accounts of any shop, godown, or other place used y him for the storage, sale or purchase of Pulses (whole or split) and for the taking of the samples thereof for examinations.

12. The licensee shall comply with any direction that may be given to him by the State Government or the licensing authority in regard to purchase, sale or storage for sale of Pulses (whole or split) in regard to the form and language in which the registers, return, receipts, or invoices or price lists mentioned in conditions 3, 4, 8, 9 or 10 shall be written and the authentication and maintenance of the registers mentioned in conditions 3 and 9.

13. The licensee shall in case where he functions in 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 recognized by the State Government in this behalf.

14. This licensee shall be surrendered to the licensing authority when it has expired or is no longer required by the licensee.

15. The licensee shall not be transferred to any other person by the person to whom it is issued and in case of change in the ownership, a fresh licence shall be applicable by the person who acquires such ownership.

16. The licence shall be valid up to................

Place	Signature of the Officer issuing the licence.
Date

III

Form - C(for use by licensee)(See condition 4 of Form - B)Return of stocks, receipts and sales of each variety of Pulses (whole or split) for the month ending...........2007Name.................................................................................................................................Licence No (s)...................................................................................................Address...................................................................................................................................................................................................................................................Particulars of god owns where stock held ................................................................. variety of Pulses (whole or split)

Particulars			Pulses
1	Red gram(w/s),	Green gram(w/s),	Black gram(w/s)
Bengal gram(w/ s)

1. Stock at the beginning of the month.

a. Actually with the licenseeb. Pledged with any person or institution. (such as a bank or Co-op. Society)

Total:

1. Quantity purchased during the month and the sources of supply.

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. He need not give details of the names of each such dealer / wholesaler / producer / Commissioner Agent and of the quantity purchased from each such dealer / wholesaler / producer / Commission Agent unless in any single case he has purchased a quantity of 200 quintals or more.

2. Quantity received out of quantity purchased:

Form.	Quantity in bags / quintals	Date of purchase
1	Red gram(w/s) Green gram(w/s) Blackgram(w/s) Bengalgram(w/s)
(i)
(ii)
(iii)
(iv)
Total

4. Quantity sold:

(a)Quantity sold to other licensed wholesalers, retailers and consumers and delivered / removed during the month.

(b)Quantity sold to other licensed wholesalers, retailers, consumers but not yet delivered. : ......................................................................

Total sold: .................................................

5. Stock at the end of the month

(a)actually with the licensee

(i)unsold

(ii)sold but waiting delivery

(b)Pledged with any person or institution such as a bank or Co-Operative Society : ......................................................................

Total : .................................................ToThe Licensing Authority.................District

Place :	Signature.
Date :	Licence No.

III

Form - C (A)(For use by a Commission Agent)(See condition 4-A of Form B)Return of Pulses (whole or split) purchases made by the Commission Agent on behalf of licensee for the fortnight ending.....................

(i)Name :

(ii)No. of Licence :

(iii)Address :

(iv)Particulars of stock purchased

Purchase of Pulses (whole or split) made(Qtls.)

Up to thebeginning of the fortnight	during the fortnight	up to the end of fortnight
1	2	3

(a)Quantity purchased for Licensee in the concerned districts.

(b)Quantity purchased for Licensee of other districts (with breakup for each district)

(c)Grand Total beginning

ToThe Licensing Authority...............District.

Place :	Signature.
Date :	Licence No.

III

Form - D(See Clause 17 (1) (C) )Andhra Pradesh Pulses (Licensing, Storage and Regulation ) Order, 2007I here by certify that this extract from of this copy of ............................is the true extract from or copy of the Original.................................seized from me on and returned to me onPlace:Signature of the person concerned.Date:

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State of Andhra Pradesh - Act