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State of Andhra Pradesh - Section

Section 2 in Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008

2. Definitions.

- In this order, unless the context otherwise requires.A. "State Government" means the State Government of Andhra Pradesh.B. "Commissioner" means the Commissioner of Civil Supplies, Government of Andhra Pradesh and includes the Director of Civil Supplies, Government of Andhra Pradesh.C. "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.D. "Scheduled Commodities" means any one or more of the commodities mentioned in the Schedule-1 to this Order including products thereof, other than husk and bran.E. "Pluses" means those indicated in Schedule-1 to this Order, including Redgram(Tur), Blackgram (Urad), Greengram (Moong) and Bengalgram (Gram) - wholegram and split (dais) thereof;F. "Edible Oil" means any oil used for cooking for human consumption and includes hydrogenated vegetable oils other than coconut oil.G. "Food grains" means any one or more of the following food grains.(i)Rice (Husked)(ii)WheatH. "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.I. "Rice Miller" means the owner or any other person in charge of a rice mill holing a valid licence issued under this Order and includes a person or authority which has the ultimate control over the affairs of such mill and when the said affairs are entrusted to a Manager, Managing Director or Managing Agent, such Manager, Managing Director or Managing Agent.
(1)"Non-Milling Wholesaler" means a wholesaler possessing licence under this Order and not being a rice mill owner.
(2)"Owner" in relation to a rice mill means the person who or the authority which has ultimate control over the affairs of the rice mill, and where the said affairs are entrusted to a Manager, Managing Director or a Managing Agent, such Manager, Managing Director or Managing Agent, shall be deemed to be the owner of the rice mill concerned.
(3)"Trading Mill Wholesaler" means a rice mill owner engaged in buying or selling paddy or rice and possessing a licence granted under this Order.J. "Rice Exporter" means a person engaged in the business of purchase of rice from rice millers / dealers out of levy free eligibility, and store the rice for export to outside the Country with or without grading/processing.K. "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-1 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."
(1)"Dealer in pulses" 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 consumers including bulk consumers directly;
(ii)"Retailer" means a person who sell pulses (whole or split) to consumers directly;
(iii)"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.
(2)Dealer in respect of edible oil seeds and edible oils:-A 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 oilseeds 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.
(3)"Producer in relation to edible oils" means a person carrying on the business of expelling, extracting or manufacturing or refining any edible oils:-
(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.
(4)"Dealer in relation to food grains" means a person engaged in the business of purchase, sale or storage but excluding importers for sale of any one of the foodgrains in the schedule-1 in quantity exceeding twenty quintals at any one time, or in quantity of exceeding fifty quintals of all foodgrains taken together, but does not include a framer / agriculturist / ryot who stores foodgrains produced by his for personal cultivation or for seed purpose.
(5)"Wholesaler" means a dealer who sells any Scheduled Commodity to retailers or to bulk consumers.
(6)"Retailer" means a dealer who sells any Scheduled Commodity direct to consumers.
(7)"Commission Agent" means the commission agent having, in the customary course of business as such agent, authority either to sell Scheduled Commodities or to consign Scheduled Commodities for purpose of sale or to buy Scheduled Commodities.
(8)"Super Bazaar" 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.
(9)"Bulk Consumer" means a hotel, a restaurant, halwal, an educational institution with hostel facilities, a hospital or a religious or charitable institution. Bakeries, Biscuit manufacturers, Confectionery manufacturing unit.L. "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.
M. "Population" means population as determined in 2001 census.N. "Primary Mandis" means a mandi where a farmer initially sell their produceO. "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, Visakhapatnam towns and Rangareddy district with urban agglomeration, the Assistant Supply Officer concerned and elsewhere (other than the above cities / urban agglomeration), the Tashildar having jurisdiction over the place of business;
Provided that where a dealer applies for a Composite Licence for conductor both wholesale and retail business, the Licensing Authority empowered grant wholesale licence shall also exercise the powers in respect of retail licence.Provided further, that each chain of Super Bazaar in the State would be give wholesale licence where wholesale stocks are stored and each branch super bazaar would be given a retail licence by the respective Licensing Authorities.