Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Uttar Pradesh - Section

Section 11 in The U.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989

11. Restriction on possession of Scheduled Commodities.

(1)No dealer either by himself or any person on his behalf store or have in his possession at any time any Scheduled Commodity in excess of the quantity specified below:
SI. No. Name of the Scheduled Commodities Category of city Bulk consumer Whole saler (Quintals) Commission Agent (Quintals) Retailer (Quintals) Producer or Manufacturer as the case may be
1 2 3 4 5 6 7 8
1. [ [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] Wheat [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] ... [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] No limit [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] Stock limit according to provisions of Clause 4 (1) (i) ofthe Uttar Pradesh Foodgrains (Procurement and Regulation ofTrade) Order, 1982, as amended from time to time.
2 [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] (a) Paddy [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] ... [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] Not applicable [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] Stock limit according to provisions of Clause 19 of the UttarPradesh Rice and Paddy (Levy and Regulation of Trade) Order, 1985,as amended from from time to time.
(b) Rice [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] ... [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.] 1/12th of the quantity equal to the annual consumptioncapacity.] [The words 'renew' omitted by Notification No. Bha. Sa-151/XXIX-kha-11-compo.-La.-80-91, dated 21st January, 1992.]
3 Pulses Category A CityCategory B cityOther place 1/12th of the quantity equal to the annual consumptioncapacity 500375250 500375250 25201.5 (1) Form 1st of April to 30th of September for Rabi, pulses,Arhar, Masur, peas, Lobia, Rajma and Gram unmilled stock 1/24 ofthe quantity stock 1/24 of the quantity equal to the annualinstalled capacity and milled stock 1/48th of the quantity equalto the annual installed capacity, for kharif pulses-Urd andMoong-unmilled stock 1/48th of the quantity equal to the annualinstalled capacity and milled stock 1/96th of the quantity equalto the annual installed capacity;(2) From 1st of October to 31stof March for Rabi pulses, Arhar, Masur, Peas, Lobia, Razma andGram-unmilled stock 1/48th of the quantity equal to the annualinstalled capacity and milled stock 1/96th of the quantity equalto the annual installed capacity and for Kharif pulses Urd andMoong-unmilled stock 1/24th of the quantity equal to the annualinstalled capacity and milled stock 1/48th of the quantity equalto the annual installed capacity.
4 Edible oil seeds including groundnut in shell. Category A cityCategory B city.Other places. Not applicable. 15001000500 15001000500 1007550 1/12th of the quantity equal to the annual installedcapacity.
5 Edible oil seeds including hydrogentated vegetable oil Category A cityCategory B cityother places 1/12th of the quantity equal to the annual consumptioncapacity. 400300175 400300175 1275 1/50thof the quantity equal to the annualinstalled capacity.
[6] [Substituted by Notification No. 14/XXIX-Kha-9-Compo.-La-4-93, dated 5th July, 1994, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 5th July, 1994.] Sugar (a) in cities and towns with a population of one lakh andmore 1/12thof the quantity equal to the annualconsumption capacity 250 250 30 Not applicable
(b) in other towns and areas with a population of less thanone lakh. ….. (The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
125 125 15  
(The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
7 Khandsari Sugar (a) in cities and towns with a population of one lakh andmore 1/12th of the quantity equal to the annual consumptioncapacity. 250 250 30 Not applicable
(b) in other towns and areas with a population of less thanone lakh. …... (The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
250 250 30 Not applicable
(The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
[8] [Inserted by Notification No. 193/XXIX-Kha-9-94—Compo., La-1-94, dated 24th January, 1994, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 24th January, 1994.] Gur (a) in cities and towns with a population of one lakh andmore 1/12th of the quantity equal to the annual consumptioncapacity. 500 500 50 Not applicable
(b) in other towns and areas with a population of less thanone lakh. …..... (The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
250 250 30 Not applicable
(The time limit for turnover of stock for whole-saler andcommission agent shall be seven days.)
Provided that the stock limits in relation to pulses, oil-seeds and edible oils specified for a wholesaler in category A' cities shall apply to a wholesaler in such Mandis situated in other places as the Mandi Parishad may, having regard to the location of such Mandis and other relevant factors, from time to time specify.[* * *] [Omitted by Notification No. 5236/XXIX-Kha-11-Compo-La-71-91. dated 25th February, 1992, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 25th February, 1992. ][Provided further that the stock limit of depot-holder shall be double the stock limit of the wholesaler indicated in column 5 of the table.] [Inserted by Notification No. 3401/XXIX-Kha-11-Compo-19-89, dated 26th November, 1990, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 26th November, 1990.][(1-a) Such quantity of a Scheduled Commodity as is meant for despatch to any place outside the place of business of any wholesaler, commission agent, producer or a manufacturer and is kept in the premises of a transport agency or a forwarding agency or a railway station shall unless loaded for for the place of destination in a truck, railway wagon or any other means of transport and the details and accounts thereof is shown properly in the stock register be included in the stock limit of that wholesaler, commission agent, producer or manufacturer as the case may be.] [Inserted by Notification No. 5236/XXIX-Kha-11-Compo -La-71-91, dated 25th February, 1992, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 25th February, 1992.][(1-b) The stock limit referred to in sub-clause (1) shall not apply to imported edible oils (excluding coconut oil, palm kernel oil, R.B.D. palm oil and R.B.D. palm Stearin) and imported pulses.] [Inserted by Notification No. 3400/XXIX-Kha-9-96-84-94, dated 28th October, 1996, published in U.P Gazette (Extraordinary), Part 4, section (Kha), dated 28th October, 1996.]
(2)[ Nothing contained in sub-clause (1) shall apply to- [Substituted by Notification No. 3400/XXIX-Kha-9-96-84-94, dated 28th October, 1996, published in U.P Gazette (Extraordinary), Part 4, section (Kha), dated 28th October, 1996.]
(a)any stock of Scheduled Commodities purchased or stored on behalf of the Government of India, the State Government or the Food Corporation of India;
(b)any stock of Scheduled Commodities of any Central level or State level Co-operative Society engaged in the procurement, sale, purchase or distribution of Scheduled Commodities.]
(3)Notwithstanding anything contained in sub-clauses (1) and (2). the Regional Food Controller may on being satisfied that the special circumstances of the case so warrant, allow a licensee to hold for a specified period scheduled commodities exceeding the limits allowed under sub-clause (1) and make a report of the order to the State Government who may vary, amend or reverse such order and such variance, amendment or reversal shall be effective after notice of the same to the licensee.
(4)No person shall have in his possession or custody, whether by way of bailment or otherwise any quantity of scheduled commodities on behalf of or on account of any licence:Provided that nothing in this clause shall apply to-
(a)The Central Warehousing Corporation or the State Warehousing Corporation or a Co-operative Warehousing Society;
(b)a Scheduled Bank or a Co-operative Bank with which a Scheduled Commodity has been pledged;
(c)a Commission Agent;
(d)a licensed Rice Mill or Flour Mill to whom a Scheduled Commodity has been delivered by a licensee for purposes of milling;
(e)a carrier to whom a Scheduled Commodity has been delivered by a licensee for the purposes of transport.
Explanation. - The stock of any Scheduled Commodity pledged with a bank, or kept in a warehouse or stored with any other person by way of pledge or any other bailment shall for purposes of sub-clause (1) be deemed to be in possession of the pledger or, as the case may be, the bailor.