Section 11 in The Orissa Rice and Paddy Procurement (Levy) and Restriction on Sale and Movement Order, 1982
11. Delivery of Stocks.
- [(1) The rice required to be sold to the Purchase Officer under Clause 3 or Clause 4, shall be delivered by the miller or dealer, as the case may be, to the Purchase Officer in such lots, in such manner, at such place and at such time, as the Director, the Collector or the Purchase Officer may direct :Provided that in case of delivery of levy rice at a place other than the mill premises or the business premises of the miller or dealer, as the case may be, the miller or dealer shall be entitled to the payment of other charges, incidental to such delivery including transportation charges, as regulated in accordance with the instructions issued by Government from to time:Provided further that the levy rice shall be delivered by the miller or dealer in gunnies of specification and capacity, as may be determined by the State Government.] [Substituted by SRO No. 803/83 - dated 16.11.1983 published in the Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.][Provided also that all licensed miller and dealer shall supply levy rice required to be sold to the Government on or after the 1st October, 1994 to the Food Corporation of India only in double-line machinestitched new B.T.Bags and they shall be paid compensation for double-line machine stitching and for the price of the new B.T. gunny bags at such rates as may be notified by the Government from time to time.] [Inserted by Notification No. 31314 Dated 26.8.1996.][Provided also that the Millers shall machine stitch a Rexin slip or Canvas slip (15 Cm. to 10 Cm.) along with the mouth of each bag on the outer side bearing the name of the Miller, Crop year, Code No., Net weight, Lot No. and Category of Rice etc.] [Inserted by Notification No. 20525 dated 10.9.2004 (Orissa Gazette Extraordinary No. 1258 dated 21.9.2004).](2)The Purchase Officer shall, subject to such general or special instruction as may be issued from time to time by the Government or the Director or the Collector [or the Food Corporation] [Substituted by SRO No. 803/83- dated 16.11.1983, vide Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.] for delivery of the quantity of rice sold [under Clause 3 or 4, as the case may be] [Substituted by SRO No. 803/83- dated 16.11.1983, vide Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.] by or on behalf of the miller or dealer give a receipt to him specifying the quantity and variety of rice delivered by him or on his behalf and the date of taking delivery thereof.(3)The Purchase Officer, shall, on taking delivery of the rice immediately pay ninety-five per cent of the price for the quantity and the variety of rice so delivered calculated on the basis of the [Procurement Price] [Substituted by SRO No. 803/83- dated 16.11.1983, vide Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.] and obtain a receipt from the seller therefore. The payment of the balance five per cent of the price shall be made after making such deductions in the total price as are allowed in Schedule-I assessed on analysis as provided in Sub-clause (4), notwithstanding anything provided in [Clause 3 or Clause-4.] [Substituted by SRO No. 803/83- dated 16.11.1983, vide Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.](4)The Purchase Officer shall, as far as possible, in the presence of the Miller or Dealer or his agent, cause to be taken three representative sealed samples of rice delivered under [Clauses 3 and 4, as the ease may be] [Substituted by SRO No. 803/83- dated 16.11.1983, vide Orissa Gazette Extraordinary No. 1512 - dated 17.11.1983.], handover one sample to the Miller or Dealer or his agent and send the other two samples to the Food Grains. Analytical Laboratory established by Food Corporation of India or by the State Government and one of the two samples shall be analysed in the Laboratory and the other retained therein.(ii)The price payable for the stock of rice shall be determined on the basis of the result of the analysis which shall be communicated to the miller or the dealer, as the case may be.(iii)If within a week of the receipt by him of the result of the analysis, the miller or the dealer dispute the correctness of the result, the Purchase Officer shall arrange to get other sample retained in the Laboratory re-analysed after previous intimation to the miller or dealer about the date and time fixed for such analysis. The miller or the dealer, if he so desires, may either be himself present or depute his representative to be present at such re-analysis.(iv)The result of the re-analysis referred to in Sub-clause (iii) shall be binding on both the parties and the price payable for the stock of rice shall finally be determined on the basis of that result
