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State of Jammu-Kashmir - Section

Section 5 in The Hoarding and Profiteering Prevention Ordinance, 2000

5. Restrictions on possession by dealers or producers where no maximum is fixed under section 3.

- Where no maximum has been fixed by notification under clause (a) of sub-section (1) of section 3-
(a)[ no dealer shall have in his possession at any one time a quantity of any article in which he deals exceeding- [Clauses (a), (b) and (c) of section 5 substituted by Ordinance VII of 2003 for original clauses (a)and (b).]
(i)if he was in business in the year 1939, one quarter of the total quantity of that article held by him in the course of that year, or
(ii)if he was not in business in that year, the total quantity of that article sold by him in the course of any period of four consecutive months after that year, or
(iii)in either case, such greater quantity as the Controller General or other officer empowered in this behalf by the Government may, by general or special order, specify ;
(b)no producer shall have in his possession at any one time a quantity of any article which he produces exceeding-
(i)if he was in business in at least one of the years 1940, 1941, and 1942, one quarter of his total production of that article during that one of the said three years in which his production of the article was greatest, or
(ii)if he was not in business in at least one of the said three years, the total quantity of that article produced by him in the course of any period of four consecutive months after the year 1942, or
(iii)in either case, such greater quantity as the Controller General or other officer empowered in this behalf by the Government may, by general or special order, specify ;
(c)no producer shall have in his possession at any one time a quantity of any article used by him as raw material in his business exceeding the quantity thereof sufficient for the production of the maximum quantity which he may have in his possession under clause (b) of the article for the production of which it is required as raw material.]