State of Odisha - Act
The Orissa Cement Control Order, 1973
ODISHA
India
India
The Orissa Cement Control Order, 1973
Rule THE-ORISSA-CEMENT-CONTROL-ORDER-1973 of 1973
- Published on 16 July 1973
- Commenced on 16 July 1973
- [This is the version of this document from 16 July 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Order, unless the context otherwise requires-2A. [ Applicability. [Inserted vide S.R.O. Notification No. 408 dated 1.7.1982-Published in Orissa Gazette Extraordinary No. 1065 of 1982.]
- Save as otherwise provided the provisions of this Order shall apply only in case of levy cement.]3. Prohibition to carry on business without licence.
4. Issue of licence.
5. Period of licence and fees chargeable.
- (i) Every licence granted under this Order shall, unless revoked earlier, be valid for a period ending on the 31st day of December of the year in which it is issued and may be renewed for a period not exceeding one year at a time.| For issue of licence | ... | Rupees[two hundred] [Substituted vide Orissa Gazette Extraordinary No. 876 dated 7.6.1989-Notification No. 14106/ PL.-IC. 32/89 dated 12.5.1989.]per annum |
| For renewal of licence | ... | Rupees[one hundred] [Substituted vide Orissa Gazette Extraordinary No. 876 dated 7.6.1989-Notification No. 14106/ PL.-IC. 32/89 dated 12.5.1989.]per annum |
| For issue of duplicate licence | ... | Rupees[seventy-five] [Substituted vide Orissa Gazette Extraordinary No. 876 dated 7.6.1989-Notification No. 14106/ PL.-IC. 32/89 dated 12.5.1989.]per annum |
6. Security.
7. Power to refuse licence.
- The Licensing Authority may, after giving the applicant an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a licence.8. Cancellation of licence.
9. Forfeiture of security deposit.
10. Appeal.
11. Distribution of stock for sale.
12. Wholesale and retail price of cement.
- No stockist shall sell or offer for sale and no person shall buy cement at a price higher than that fixed under any order made under Section 18-G of Industries (Development and Regulation) Act, 65 of 1951.13. [ Authorisation for supply to industries, Institutions and Departments of Government or Public Sector Undertakings. [Substituted vide SRO No. 28/81 dated 25.3.1981.]
- The Controller may authorise purchase of cement by Institutions or Public Sector Undertaking for consumption on works of construction or repairs.]14. Restriction on acquisition and movement.
15. Display of stock position and sale prices.
- Every stockist obtaining cement shall, at the beginning of the business hours on each day, display at a conspicuous place in the premises where the cement is stocked, the stock of cement in his possession and the price or prices at which the cement is sold by him.16. Issue of receipt.
- Every stockist shall issue to every customer a receipt in respect of sales made on each occasion showing therein the quantity of cement sold and the prices charged for and shall maintain duplicate copies of the receipts [duly signed by the customer in token of verification of the contents.] [Added vide SRO No. 193/75/ 29.3.1975.]17. Accounts to be maintained by the stockist.
18. Powers of entry, search and seizure.
19. Exemption.
- The Government or the Controller may by general or special order exempt any stockist or consumer from all or any of the provisions of this Order.20. Disposal of stock with dealers at the commencement of the Order.
- Every dealer holding stock of cement at the commencement of this Order shall, subject to the condition that he notifies to the authority empowered to issue permits exercising jurisdiction in the area, the quantity of stock remaining with him immediately prior to the date of commencement of this Order, be entitled to hold such stock but disposal of such stocks as well as any other stock acquired by him after the commencement of this Order, shall be subject to such directions as may be given to him by the authority empowered to grant permits under the Order exercising jurisdiction in the area.21. Repeal and savings.
- The Orissa Cement (Regulation of Sale by Stockist) Order, 1967 shall stand repealed except as respects things done or committed to be done under the order so repealed.[Form I] [Inserted vide Orissa Gazette Extraordinary No. 428 dated 9.4.1981.][See Clause 3 (b)]Permit Issuing AuthorityDate...........Messrs........................................................................You are authorised to supply [levy cement] [Substituted vide Orissa Gazette Extraordinary No. 1065/1 982-SRO No. 408 dated 1.7.1982.] to the following person in the quantity mentioned below, namely :Name........................Indentor's name...............Address......................Quantity.......................The period for which the consumer is permitted to be in possession of the [levy cement] [Substituted vide Orissa Gazette Extraordinary No. 1065/1 982-SRO No. 408 dated 1.7.1982.] from the date of issue is.........months up to..............from today.Permit Issuing AuthorityConditions1. No person shall transfer the stock acquired through a permit of authorisation to any other person without specific approval of the Permit Issuing Authority.
2. [Levy cement] [Inserted vide Orissa Gazette Extraordinary No. 428 dated 9.4.1981.] acquired on permit or authorization for a particular purpose should not be utilised for any other purpose save with prior approval of the Permit Issuing Authority.
Memo NoDated.............200....Permit Issuing AuthorityN.B. (1) The permit will be valid till fifteen days from the date of issue.1. Name of the applicant (in block letters)...............
2. Father's name...............
3. Full address of applicant................
4. Description of the premises where the business is to be carried on and for which the applicant desires to be licensed................
5. Whether he has his own godown and office at the place for which the licence is applied for. If so, its description...................
6. How long has the applicant been trading in cement......................
7. The cement producer(s) from which he receives/received supplies during last three years....................
8. Quantities of cement handled annually during the last three years (furnish documentary evidence).......................
I/We have carefully read the conditions of the licence in Form III appended to the Orissa Cement Control Order, 1973 and I/We agree to abide by them.I/We certify that the above statements are correct.Signature of applicant(s)Date :Place :Form III[See Clause 4 (4)]Licence No.............valid till.............[Subject to the provisions of the Orissa Cement Control Order, 1973 and to the terms and conditions of the licence.............is hereby authorised to carry on business as a [stockist of levy cement.] [Substituted vide SRO No. 193/75 dated 29.3.1975.]]2. [ The licensee shall sell cement at the following place of business ............and shall store it tor the following place situated in the aforesaid place of business................(A separate licence shall be obtained for each place of business).] [Substituted vide SRO No. 193/75 dated 29.3.1975.]
3. The licensee shall maintain a register of daily accounts for the sale of cement showing correctly-
4. The licensee shall also maintain another register giving details of the transactions from day to day under the following heads :
5. [ The licensee who possesses cement for sale shall submit a true and correct return in Form IV appended to the Orissa Cement Control Order, 1973, to the Licensing Authority showing receipts and deliveries of cement during the past fortnight on the 10th and 25th of each month.
6. The licensee shall issue to every customer a correct receipt giving his own name and address, licence number, date of transaction, the quantity sold, name and address of customer to whom sold and the price charged and shall keep a duplicate of the same, duly signed by the customer in token of verification, available for inspection.] [Substituted vide SRO No. 193/75 dated 29.3.1975.]
7. The licensee shall prominently display at each of the places mentioned, in para 2 the daily stock position and correct list written in the language of the locality of the price of cement fixed from time to time under this Order.
8. The licensee shall give all facilities at all reasonable time to the Licensing Authority and the Officer authorised by the Controller for the inspection of his stocks and accounts at any place used by him for the storage or sale of cement.
9. The licensee shall comply with any directions that may from time to time be given by the State Government and the Licensing Authority about the maintenance of accounts or the sale or storage of cement.
10. [ The licensee shall take timely step including the making of financial arrangement to lift in full the cement stock allotted in his favour from the concerned factory and shall ensure that in no circumstances the allotment lapses.] [Inserted vide Orissa Gazette Extraordinary No. 1065/1982, S.R.O. No. 408 dated 1.7.1982.]
Signature of Licensing AuthorityForm IV[See para 5 of Form III]Return of the Stock of the Cement showing Receipts and Deliveries| Name of the stockist | Quantity of cement as on last return date | Quantity received during the period | Quantity issued during the period | Balance | Remarks |
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