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State of Bihar - Section

Section 2 in Bihar Trade Articles (Licenses Unification) Order, 1984

2. Definitions.

- In this Order unless the context otherwise requires.
(a)"bulk consumer" means a hotel, restaurant, a halwai, a hospital, an educational institution with hostel facilities or a religious or charitable institution with hostel facilities:
(b)[Deleted by G.S.R. 12 dated 21.4.1992.]
(c)[ "Collector" includes Deputy Commissioner, Additional Collector and such other Officers, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector: [Substituted by G.S.R. 47 dated 17.10.1985.]
(d)"Commissioner" means the Divisional Commissioner']
(e)"dealer" means a person, a firm, an association of persons or a Cooperative Society other than a National and State-level Co-operative Society, engaged in the business of purchase, sale or storage for sale of any trade article whether or not in conjunction with any other business and includes his representative or agent but does not include-
(i)a person who holds or is in possession of agriculture land under any tenure or any capacity and on which he raises or has raised crop of foodgrains, oilseeds or whole pulses;
(ii)a manufacturer of sugar;
(iii)[ Hawkers engaged in the purchase and sale of non-controlled cloth; [Substituted by G.S.R. 47 dated 17.10.1985.]
(f)"Edible Oils" means any oil used for cooking for human consumption and included hydrogenated oils;]
(g)"foodgrains" means any one or more of the foodgrains as specified in Part 'A' of Schedule I and includes products of such foodgrains other than husk and bran;
(h)"form" means a form appended to this Order;
(i)"Licensing Authority" means an Officer not below the rank of S.D.O. appointed by the State Government to exercise the powers and perform the duties of the Licensing Authority for different areas and under the different provisions of this Order;
(j)"lists of prices and stocks" means the list maintained from time to time, by a dealer in Form "E" intimating the sale prices of stocks of the trade articles in which the dealer carries on business;
(k)"oilseeds" means any one or more of the oilseeds as specified in Part "C" of Schedule I;
(l)[ "Place of business" means any place where written transaction of trade articles is done and their stock, sale and account registers are maintained;] [Substituted by G.S.R. 47 dated 17.10.1985.]
(m)"price in relation to a trade article" means the amount of money inclusive of all taxes for which the dealer sells or agrees to sell or offers to sell or parts with any trade article;
(n)"producer" means a person carrying on the business of milling any of the pulses or expelling, extracting or manufacturing or refining any edible oil;
(i)by buying pulses or oilseeds for being processed by himself and selling the finished products to a wholesaler or through a Commission Agent or [to bulk consumers directly; or] [Inserted by G.S.R. 47 dated 17.10.1985.]
(ii)by doing any of the processes of milling, extracting or manufacturing or refining on behalf of another;
(o)[ "Pulses" means Urad, Moong, Arhar, Masoor, Lobia, Rajmaha, Gram including peas or any other Dal whether or split with or without husk as specified in Part B of Schedule I;] [Substituted by G.S.R. 47 dated 17.10.1985.]
(p)"retail dealer" means a person engaged in the business of purchase, sale or storage of any article [specified in Schedule I for purpose other than personal consumption within the storage limit fixed by the Government from time to time;] [Inserted by G.S.R. 47 dated 17.10.1985.]
(q)"Schedule" means a Schedule appended to this Order;
(r)"State Government" means the Government of the State of Bihar;
(s)"Sugar" means any form of sugar containing more than 90 per cent of sucrose;
(t)"Trade article" means any commodity mentioned in Schedule I or Schedule I!; and
(u)"Wholesale dealer" means a person engaged in the business of purchase, sale or storage of any article [specified in Schedule I for purpose other than personal consumption within the storage limit fixed by the Government from time to time;] [Inserted by G.S.R. 47 dated 17.10.1985.]
(v)[Cement (V)(a) and (b) deleted by G.S.R. 18 dated 17.11.1990.]
Provided that the above amendments shall not affect. -(a) the previous operation of the said Order or anything duly done or suffered thereunder,(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Order, or(c) any penalty or punishment incurred in respect of any offence committed against the said Order, or(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation may be instituted, continued or enforced and any such penalty or punishment may be imposed as if the said Licensing Order had not been amended.
(w)Cloth and yarn, i.e. any type of cloth or yarn manufactured either wholly from cotton or partly from any other material respectively but cloth does not include-
(i)Ready-made clothing other than Dhoti and Sari;
(ii)Hosiery;
(iii)Cloth manufactured partly from cotton and partly from wool and containing 40 per cent or more of wool by weight;
(iv)Tracing cloth or paper;
(v)Leather cloth and inferior or imitation, leather cloth ordinarily used in books binding;
(vi)Rubberised or synthetic water fabrics whether single textured or double textured;
(vii)[ Handloom, powerloom and synthetic cloths; [Inserted by G.S.R. 47 dated 17.10.1985.]
(x)"Kerosene" means mineral oil prepared for illuminating purposes distilled from petroleum;
(y)"Oil company" means any of the following oil companies, namely, M/s Indian Oil Corporation Ltd., M/s Hindustan Petroleum Corporation Ltd., M/s Bharat Petroleum Corporation Ltd., M/s I.B.P. Co. Ltd. and any such company which may be formed by the Central Government from time to time;]
["Coal Dump Holder (ya)" and "Coal-Agent (yb)" deleted by G.S.R. 12, dated 21.4.1992.]
(yc)[ "Liquefied Petroleum gas" specified in Part 'E' of Schedule T means a petroleum product prepared for cooking purposes as fuel.] [Inserted by G.S.R. 47 dated 17.10.1985.]