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State of Rajasthan - Act

The Rajasthan Trade Articles (Licensing and Control) Order, 1980

RAJASTHAN
India

The Rajasthan Trade Articles (Licensing and Control) Order, 1980

Rule THE-RAJASTHAN-TRADE-ARTICLES-LICENSING-AND-CONTROL-ORDER-1980 of 1980

Published on 27 August 1980
Commenced on 27 August 1980
[This is the version of this document from 27 August 1980.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Trade Articles (Licensing and Control) Order, 1980Published vide Notification No. F. 17(39) Food/Sup./Legal/77, dated 27-8-1980, Published in Rajasthan Gazette Part 4-C(1), dated 27.8.80Last Updated 22nd May, 2019G.S.R. 46. - In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the order of the Government of India in the Ministry of Agriculture & Irrigation (Department of Food) published under G.S.R. Nos. 452(E) dated 25th October, 1972; 168(E) dated 13th March, 1973 and 800 dated 9th June, 1978 and in the Ministry of Industry and Civil Supplies (Department of Civil Supplies & Co-operation) published under S.O. 681(E) and 682(E) dated 30th November, 1974 and with the prior concurrence of the Central Government, the State Government hereby makes the following order, namely:-

Part I – Preliminary

1. Short title, extent and commencement.

(1)This Order may be called the Rajasthan Trade Articles (Licensing and Control) Order, 1980.

(2)It extends to the whole of the State of Rajasthan.

(3)It shall come into force at once.

2. Definitions.

- In this order unless the context otherwise requires-

(a)[ "bulk consumer" means a hotel, a restaurant, a halwai, a hospital, an educational institution with hostel facilities or a religious or charitable institution with hostel facilities;] [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

(b)[ "list of prices and stocks" means the list maintained, from time to time, by a dealer in from 'E' indicating the sale prices and stocks of the trade articles in which the dealer carries on busineess;] [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

(c)"Collector" means the Collector of a district and includes Additional Collector and such other Officer 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 under this Order;

(cc)[ "Commission Agent" means a Commission Agent having, in the customary course of business as such agent, authority either to sell trade articles, or to consign trade articles for the purposes of sale or to buy trade articles on behalf of his principal;] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

(d)"Commissioner" means the Commissioner, Food & Civil Supplies Department and includes Additional Food Commissioner and Deputy Food Commissioner, Food & Civil Supplies Department;

(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, gur and khandsari;

(iii)a producer of pulses and edible oil:

(f)[ "edible oil" means any one or more of the-oil specified in Part 'B' of Schedule I;] [Added by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

(g)[ "Sugar" means any form of sugar containing more than 90% of sucrose; and] [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

(h)'form' means a form appended to this order;

(i)'gur' means the articles known as gur, gul, jaggery, shakkar, rab and other intermediary products, prepared by boiling sugarcane juice with or without admixture of molasses, which is identifiable by the following chemical characteristics namely:-

(i)total sugars (sucrose plus reducing sugar) as percentage of dissolved solids ranging from 70.0 to 95.0; and

(ii)ash (sulphated) as percentage of dissolved solids ranging from 1.5 to 5.0, and includes a solution of any of the aforesaid articles in water;

(j)'Khandsari' means sugar produced by open pan process;

(k)'Licensing Authority' means an officer not below the rank of Naib Tehsildar appointed by the State Government to exercise the powers and perform the duties of the Licensing Authority for different trade articles for different areas and under the different provisions of this Order;

(l)[ "edible oil seed" means any one or more of the oil seed specified in Part 'C' of Schedule 1;] [Added by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

(m)'oil seeds' means any ope or more of the oil seeds as specified in part 'C' of schedule I;

(n)[ 'place of business' means any place where a dealer or a producer sells any of the trade articles and keeps his books of account etc.] [Substituted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4) for the following: - (n) 'place of business' mean any place where a dealer sells any of the trade articles held by him in stock.]

(o)'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;

(p)[ "producer" means a person carrying on the business of milling any of the whole pulses or expelling extracting, manufacturing or refining of any edible oil. [Substituted by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

Explanation. - For the purpose of this sub-clause, anyone buying pulses or oil seeds for being processed by himself and selling the finished products to a wholesaler or through a commission agent and anyone doing any of the processes of milling, expelling, extracting, manufacturing or refining on behalf of another shall be deemed to the carrying on the said business.]

(q)'pulses' means any one or more of the pulses as specified in part 'A' of Schedule I, whether whole or split or with or without husk and includes products thereof other than husk & bran;] [Substituted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).]

(r)'retailer' means a dealer dealing in any of the trade articles mentioned in Schedule I and who is not a wholesaler;

(s)'Schedule' means a Schedule appended to this order;

(t)'State Government' means the Government of the State of Rajasthan;

(u)'Sugar' means any form of sugar containing more than 90% of sucrose;

(v)'trade article' means any commodity mentioned in Schedule I or Schedule II; and

(w)[ "wholesale" means a dealer who sells any trade articles mentioned in Schedule I to other dealers or bulk consumers.] [Substituted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

Part II – Licensing of Dealers

3. [ Licensing of Dealers and producers] [Substituted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).].

(1)No dealer [and a producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] shall, after the commencement of this Order, carry on business of purchase, sale or storage for sale of any of the trade articles [and no producer after coming into force of the Pulses, Edible oilseeds and Edible oils (Storage Control) Amendment Order, 1987 shall carry on business of milling any of the pulses or expelling, extracting, manufacturing or refining any edible oil] [Inserted by G.S.R. 52, dated 30.3.88] mentioned in Schedule I except under and in accordance with the terms and conditions of a licence issued in this behalf by the Licensing Authority under the provisions of this Order:Provided that no licence shall be required for a dealer [or a producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] who stores for sale at any one time the trade articles, in quantities not exceeding the limits as may be prescribed by the State Government with prior concurrence of the Central Government for any trade article from time to time:Provided further that a dealer holding a valid licence of trade articles under the various Licensing Orders mentioned in Schedule III may obtain a licence for the same trade articles under this Order within [fifteen days] [Substituted 'thirty days' by Rajasthan Notification No. S.O. 44, dated 15.7.2009.] of the commencement of this Order. His existing licence shall be deemed to be a licence issued to him as a dealer under this Order upto the said day.[Provided also that dealer and producer of pulses shall obtain a license within fifteen days of commencement of this order.] [Added by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).][Provided also that dealer of sugar may obtain a license within fifteen days of commencement of this order.] [Added by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).][Provided also that dealer of edible oilseed or oil and producer of edible oil shall obtain a license within fifteen days of commencement of this order.] [Added by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

(2)For the purpose of this clause, dealer [& producer] [Substituted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] who stores any trade article at any one time in quantities exceeding the limits prescribed in sub-clause (1), shall unless the contrary is proved by him, be deemed to be carrying on business as a dealer [and producer] [Substituted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] and to store the same for the purpose of sale.

4. Issue of licence.

(1)

(a)Every application for the grant of a licence (Wholesale or retail) shall be made to the Licensing Authority in Form 'A' alongwith the [fee determined under clause] [Substituted by S.O. 217, dated 17.3.87].

(b)Every licence issued under this order shall be in Form 'C' [x x x] [Deleted by S.O. 217, dated 17.3.87].

(c)[ The Licence shall be valid for 20 years upto 31st March of the 20th year] [Substituted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3) for the following: - 'The licence shall be valid upto 31st March next'.] and

(d)If a licence granted under this Order is defaced, lost or destroyed, the licensee shall forthwith inform the Licensing Authority who may, on application and on the payment of prescribed fee by the licensee, issue a duplicate licence.

(2)A dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] may obtain a licence for any one or more trade articles mentioned in Schedule I.

(3)A separate licence shall be necessary for each place of business.

(4)Wholesale and retail licences of the same trade article shall not be obtained for the same place of business.

(5)More than one licence for the same trade article at one place of business in the same or different names shall not be obtained.

(6)[ In case of change of ownership of the shop during the currency of a licence, a new licence shall be issued. However, renewal/transfer will be automatic in case of inheritance.] [Inserted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)]

5. Renewal of Licence.

- [(1)] [Re-numbered by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)] An application for renewal of a licence shall be made alongwith the fees determined under clause 6, to the Licensing Authority in Form 'B'. The licence may be renewed for a period upto [20 years] [Substituted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)] at a time. In case the licensee fails to furnish the application alongwith fee [upto] [Substituted by S.O. 217, dated 17.3.87] 31st March, the Licensing Authority may entertain an application upto 30th April, upon the payment of late fee as specified below: -(i)[ For the first fortnight Rs. 10/- [Substituted by G.S.R. 48, dated 29.1.88](ii)For the second fortnight Rs. 25/-].

(2)[ The application for renewal shall be decided by the Licensing Authority within 15 days of its submission, failing which the licence shall be deemed to have been renewed.] [Inserted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)]

6. Fee Chargeable.

- The fees for issue of licence, renewal of licence and issue of a duplicate licence shall be chargeable as may be deter mined by the State Government from time to time.

7. Deposit of Security.

- Every dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] applying for a licence shall, before such licence is issued to him deposit with the Licensing Authority the sum specified below in cash by way of security for the due performance of the terms and conditions of the licence issued to him:-

(i)[ for wholesale licence ......... [Rs. 1000] [Substituted by S.O. 150, dated 6.10.88]

(ii)for retail licence ........ [Rs. 500] [Substituted by S.O. 119, dated 18.7.91]]:

Provided that if the applicant for the grant of a licence as a dealer [and producer] [Inserted by G.S.R. 52, dated 30.3.88] is a Co-operative Society registered under the Rajasthan Co-operative Societies Act, 1965 the amount of security to be deposited by it shall be equal to one-fourth of the amounts mentioned above.

8. Power to refuse Licence.

(1)The Licensing Authority may, after giving the person affected an opportunity of being heard, and for reasons to be recorded by him in writing, refuse to grant or renew a licence.

(2)The Licensing Authority shall refuse to grant or renew a licence, if:-

(a)the applicant is a minor or a lunatic or is of unsound mind; or

(b)the applicant is an undischarged insolvent: or

(c)three years period has not expired from the date of conviction of the applicant under the Essential Commodities Act, 1955 (Central Act 10 of 1955).

(3)The Licensing Authority shall also refuse to grant a licence for a particular trade article, if-

(a)a licence has already been issued to another dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] at the same place of business for the trade article for which the applicant has applied for; or

(b)the applicant has applied for both wholesale and retail licence for the same trade article.

9. Addition and alteration to licence.

- The Licensing Authority may make necessary additions, deletions and alterations in the entries made in the licence relating to godown, place of business, names of partners, trade articles etc. either on the application of the licensee [or] [Substituted by Corrigendum, dated 17.3.87] suo motu;[Provided that the licence holder or his representative shall give intimation in writing to the licensing authority about the changes in partnership, ownership etc. within a period of 60 days from the date of such change.] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

10. Contravention of conditions of licence.

- No [licensee] [Substituted by S.O. 217, dated 17.3.87] or his agent or servant or any other person acting on his behalf shall contravene any of the terms and conditions of the licence.

11. Suspension and Cancellation of licence.

(1)If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken against him under the Essential commodities Act, 1955 (Central Act 10 of 1955) his licence may be cancelled or suspended with regard to one or more trade articles by an order in writing of the Licensing Authority and an entry will be made in his licence relating to such suspension or cancellation.

(2)[ No order of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity of stating his case against the proposed cancellation but during the pendency, or in contemplation of proceedings of cancellation of licence, the licence can be suspended by an order stating reasons in writing for a period of 30 days without giving any opportunity to the licensee of stating his case, thereafter the suspension period may be extended upto 90 days, if deemed fit after hearing and recording reasons thereof and the case shall be finally disposed off within his extended period.] [Substituted by Notification No. S.O. 282, dated 17.8.2002 (w.e.f. 27.8.1980).]

12. Disposal of trade articles when licence is suspended or cancelled [or renewal is refused] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)].

- When a licence issued under this Order is cancelled or suspended [or renewal is refused] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)], the stocks of trade articles available with the dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] at the item of such cancellation or suspension, shall be disposed of by him within 15 days from the date of receipt of the order of cancellation or suspension.

13. Consequences of conviction.

- Where a licensee has been convicted by a Court of law for the contravention of any order made under section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), the Licensing Authority shall, by order in writing, cancel his licence:Provided that where such conviction is set aside in any appeal or revision, the Licensing Authority may, on an application by the dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).], whose licence has been cancelled, restore the licence to such dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).].

14. Forfeiture of Security Deposit.

(1)Without prejudice to the provisions of clause 11, if the Licensing Authority is satisfied that the licensee has contravened any of the terms and conditions of the licence and that a forfeiture of the security deposit is called for, if may, after giving the licensee a reasonable opportunity of stating his case, by order, forfeit the whole or any part of the security deposited by him and communicate a copy of the order to the licensee.

(2)The licensee shall, if the amount of security at any time falls short of the amount specified in clause 7, forthwith deposit, on being required by the Licensing Authority to do so, further security to make up the deficiency.

(3)Upon due compliance by the licensee of all obligations under the licence, the amount of security or such part thereof which is not forfeited as aforesaid, shall be refunded to the licensee after the termination of the licence.

Part III – Restrictions Relating to Prices and Stocks etc.

15. [ Display of list of prices and stocks of trade articles. [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

- Every dealer and during the hours of his business display conspicuously in form 'F' legibly written in Hindi, a list of prices and stocks of trade articles he holds at a place as near to the entrance of his business premises:Provided that numerals to be used in the list of prices and stocks shall either be in the Devnagari form of numerals or any international form of Indian numerals:Provided further that in case any trade article which is out of stock, instead of writing the prices thereof in the list, the words "Out Of Stock" shall be written in bold letters against that article.Provided also that the retail price of any category of trade articles, so displayed, shall not exceed that retail price, if any, fixed or recommended by the Central Government or State Government or manufacturer or distributor, from time to time, in respect of that category of trade article.

16. Sale of trade articles according to list of prices and stocks.

- No dealer shall-

(i)sell or offer sell any trade article at a price higher than that specified in respect of such article in the list of prices and stocks; or

(ii)refuse to sell such article to any person at the price so specified or marked.]

17. Obligation to give receipt.

- No dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] shall sell any trade article to any person without issuing a cash memo or a bill (stating his own name, quantity, quality, rate and total price charged for the article sold) and without keeping a duplicate copy of such memo or bill:Provided that it shall not be necessary for a dealer other than a wholesaler [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] to issue any such cash memo or bill or to keep any such duplicate copy in respect of sale of any trade article costing not more than [Rs. 25/-] [Substituted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)] unless demanded by the purchaser.

18. Restriction on possession of trade articles.

- No person shall, either by himself or by any person on his behalf, store or have in his possession at any time any trade article mentioned in Schedule I and Schedule II in quantity exceeding the limits fixed:-

(i)under an order issued by the Central Government; or

(ii)by the State Government with prior concurrence of the Central Government by issuing a notification in official Gazette from time to time.

19. Requisitioning of stocks of trade articles.

- Every person holding stock of trade articles mentioned in Schedule I and Schedule II shall sell to the State Government or to any person or class of persons the whole or a specified part of his stock at such prices and in such manner as may be specified in the order of the Collector or any other Officer not below the rank of Naib Tehsildar authorised by the State Government in this behalf.Explanation. - For the purpose of this clause the prices payable to a person who is required to sell the whole or a specified part of his stock of trade articles shall be determined by the authority concerned in accordance with the provisions of sub-section (3-B) of Section 3 of the Essential commodities Act, 1955 [Central Act 10 of 1955] [Inserted by S.O. 217, dated 17.3.87].

20. Returns.

- Every dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] referred to in clause 3 shall furnish a return in Form 'D' to such authority, and in such manner or for such period as may be specified from time to time by the State Government by notification in the Official Gazette.

21. Sale on permits.

- The Licensing Authority may, by general or special order in writing, require any dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] holding stock of a trade article to sell such article on permits issued by the Licensing Authority or such other officer authorised in this behalf by the State Government.

22. Permit to be non-transferable.

- No holder of permit shall transfer the permit or the trade article received on such permit to any other person without prior permission of the officer by whom the permit has been issued.

23. Revocation of permit.

- The officer issuing the permit may, after giving the permit holder an opportunity of being heard, at any time revoke the permit issued under clause 21 for any of the following reasons:-

(a)that the permit has been obtained by the permit holder by misrepresentation of material particulars: or

(b)that the provisions of this Order have been contravened by the permit holder; or

(c)that issue of permit was, in the opinion of the officer issuing the permit, and for reasons to be recorded in writing by him, not otherwise justified.

Part IV – Miscellaneous

24. Power to call information.

- Every dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] shall, when so required by general or special direction of Licensing Authority, furnish truthfully and to the best of his knowledge such particulars or information relating to any trade article, as may be required.

25. [ Power to issue directions to dealers and producer] [Substituted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).].

- The State Government or the Collector or the Licensing Authority may issue directions to any dealer [and producer] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] with regard to purchase, sale, disposal, storage or exhibition of the price and stock list of all or any of the trade articles.

26. Power to amend Schedules.

- The State Government may, by an order notified in the official Gazette, add to or omit from the Schedules, any trade article and thereupon the Schedules shall be deemed to have been amended accordingly.

27. Inherent powers of Commissioner and Collector.

- ln addition to the powers specified in this Order,-

(a)the Commissioner shall have all the powers of a Collector, and

(b)the Collector shall have all the powers of Licensing Authority.

28. Appeal.

(1)Any person [aggrieved] [Substituted by Corrigendum, dated 17.3.87] by an order made by any officer under this Order, may-

(a)if the order is made by any officer lower in rank than the Collector, appeal to the Collector; and

(b)if the order is made by the Collector, appeal to the [Commissioner] [Substituted by Corrigendum, dated 17.3.87],

(2)No such appeal shall be entertained if not preferred within 30 days from the date of receipt of the order appealed against by the appellant.

(3)No order which adversely affects any person shall be passed under this clause unless such person has been given a reasonable opportunity of being heard.

(4)Pending [disposal] [Substituted by Corrigendum, dated 17.3.87] of the appeal, the appellate authority may direct that the order against which the appeal is made shall not take effect until the appeal is disposed of.

29. Revision.

- The Commissioner, suomoto or on an application, may call for the record of any case decided by the Collector or the Licensing Authority under the provisions of this Order and if he is satisfied that the Collector or the Licensing Authority-

(a)has exercised a jurisdiction not vested in him or it; or

(b)has exercised the jurisdiction vested in him or it with material irregularity; or

(c)has improperly failed to exercise the jurisdiction vested in him or it;

he may pass such order as he think fit.

30. Powers of entry, search and seizure etc.

(1)The Licensing Authority or any Executive Magistrate or Police Officer not below the rank of Deputy Superintendent of Police or any Tehsildar or any Officer of the Food & Civil Supplies Department not below the rank of Enforcement Inspector or any other officer of the Government not below the rank of an [Enforcement] [Substituted by S.O. 217, dated 17.3.87] Inspector oft he Food & Civil Supplies Department and authorised by the State Government in this behalf, within his jurisdiction, may, with a view to securing the compliance of this Order or to satisfy himself that this order has been complied with, with such assistance, if any, as he think fit:-

(a)require, the owner, occupier or any other person incharge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order has been or is being or is about to be made, to produce any books of accounts or documents showing transaction relating to such contravention;

(b)enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order has been, is being or is about to be made;

(c)seize any books of accounts and documents which in his opinion may be useful for, or relevant to, any proceedings under the Essential Commodities Act, 1955 [Central Act 10 of 1955). The person] [Substituted by S.O. 217, dated 17.3.87] from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents;

(d)search, seize and remove stocks of trade articles alongwith the packages coverings or receptacles in which such stock is found, if he has reasons to believe that any provision of this Order has been or is being or is about to be contravened in respect of such stock or any part thereof and may also search, seize and remove the animals, vehicles, vessels or other conveyance used in carrying the said trade article in contravention of the provisions of this Order and thereafter take or authorise the taking of all measures necessary for securing the production of stocks of trade article and the animals, vehicles, vessels or other conveyances so seized before the Collector and for their safe custody pending such production; and

(e)for the purpose of such inspection etc. ask any person all necessary questions.

(2)The provisions of Section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.

31. Exemptions.

(1)The State Government may, by general or special order, and subject to such conditions or restrictions as may be specified in such order, exempt any person or class of person, or firm or association of persons or any Co-operative society from the operation of all or any of the provisions of this Order and may at any time suspend or rescind such exemption.

(2)Nothing in this Order shall apply to the purchase, sale or storage for sale of trade articles by or on behalf of-

(i)The Central Government: or

(ii)The State Government: or

(iii)The officers, departments, institutions or other organisations of the State Government or such agencies as may be approved by the State Government.

32. Repeal and Savings.

(1)From the date of commencement of this Order, the Orders mentioned in Schedule III shall stand repealed and the provisions of this Order shall have effect not withstanding any thing to the contrary contained in the orders repealed by this sub-clause.

(2)The repeal of the Orders referred to in sub-clause (1) shall not affect anything done or omitted to be done or any action taken under the Orders so repealed and the provisions contained in the Rajasthan General Clauses Act, 1955 shall apply to such repeal as they apply to the repeal of any Rajasthan Act.

I

[Part 'A' [Substituted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)] (Foodgrains)

1. Rice.

2. Paddy.]

3. [ (I) Sugar] [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

[Part 'B'] [Added by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).] Edible oil (Filtered or refined)

(1)Mustard oil;

(2)Rape seed oil;

(3)Raida oil;

(4)Taramira oil;

(5)Toria oil;

(6)Soyabeen oil;

(7)Til oil;

(8)Ground Nut oil;

(9)Sunflower oil;

(10)Ricebran oil;

(11)Cottonseed oil;

(12)Hydrogeneted vegetable oil;

(13)Alsi oil;

(14)Imported edible oil;[Part 'C'] [Added by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).] (Edible oilseeds)

(1)Mustard oil;

(2)Til oil;

(3)Ground Nut;

(4)Taramira;

(5)Alsi;

(6)Raida;

(7)Soyabeen;

(8)Toria;

(9)Any other Edible oilseed;

(10)Imported oilseedsPart 'D' (Edible Oils)

1. [Mustard Oil or Raida Oil] [Substituted by S.O. 166, dated 25.5.92]

2. Til Oil

3. Groundnut

4. Taramira Oil

5. Alsi Oil

[x x x] [Deleted by S.O. 166, dated 25.5.92]

6. [] [Substituted by S.O. 166, dated 25.5.92] Hydrogeneted Vegetable Oil

7. [] [Substituted by S.O. 166, dated 25.5.92] Imported edible Oil.

8. [ Sunflower [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

9. Soyabin

10. Cotton seed

11. Rapeseed]

[Part 'DA'] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] [Pulses (whole or split)]

1. Urad

2. Moong

3. Arhar

4. Masoor

5. Moth

6. Lobia

7. Rarjmaha

8. Gram

9. Peas

10. Any other Dal

Part 'E' (Other Articles)

1. Sugar

2. Gur & Khandsari

3. [ White Kerosene Oil under the Paralled Marketing System.] [Substituted by Notification No. S.O. 282, dated 17.8.2002 (w.e.f. 27.8.1980).]

[***] [Deleted '4. Coal' by Notification No. S.O. 282, dated 17.8.2002 (w.e.f. 27.8.1980).]

5. [ Onion and Potato] [Added by Notification No. S.O. 137, dated 14.8.2014 (w.e.f. 27.8.1980).]

[Schedule II [Substituted by S.O. 109, dated 30.8.1995, Rajasthan Government Gazette Extraordinary Part 4(ga)(2), dated 1.9.1995, page 179 (3)]

1. Exercise Books

2. Fertiliser

3. Bread

4. Desi Ghee

5. Nationalized Text Books (which are published by Rajasthan State Text Book Board of Secondary Education, Rajasthan, Ajmer under their authority of copy right.

6. Butter Oil.

7. Cement.]

8. [ Pulses (whole or Split) [Added by Rajasthan Notification No. S.O. 29, dated 1.5.2009 (w.e.f. 27.8.1980).]

(1)Urad

(2)Moong

(3)Arhar

(4)Masoor

(5)Moth

(6)Lobia

(7)Rajmaha

(8)Gram

(9)Peas

(10)Any other DalNote. - See 2009 RSCS, Part II (Rajasthan Section) at page 484, Head Note No. 283 for the above referred notification dated 25.2.2009.]

III

[List of orders repealed]

1. The Rajasthan Foodgrains Dealers Licensing Order, 1964.

2. The Rajasthan Sugar Dealers Licensing Order, 1967.

3. The Rajasthan Kerosene Oil Dealers Licensing Order, 1971.

4. The Rajasthan Khandsari & Gur Dealers Licensing Order, 1972.

5. The Rajasthan Wheat (Regulation of Trade) Order, 1973.

6. The Rajasthan Edible Oils & Oilseeds Dealers Licensing Order, 1977.

7. The Rajasthan Pulses Dealers Licensing Order, 1977.

8. The Rajasthan (Display of Prices & Stocks of Essential Commodities) Order, 1977.

9. The Rajasthan Foodgrains (Restriction on Hoarding) Order, 1977.

Form 'A'[See Clause 4(1)(a)]Application for grant of Wholesale/ Retail Licence.To,The Licensing Authority......................................................................Sir,I hereby apply for the grant of a licence under the Rajasthan Trade Articles (Licensing & Control) Order, 1980.The Required particulars are given here under:

1. Applicant's particulars ...........................................

Name .................. S/o ............ Age .............Caste .......

2. Residential address of applicant.

(a)House No. .....................

(b)Mohalla .......................

(c)Village/ Town .................

(d)Tehsil ........................

3. Name/Style in which licence is required ........................

4. Situation of applicant's place of business .......................

(a)House/ Shop No. ...............................

(b)Mohalla/ Market ...............................

(c)Village/ Town .................................

(d)Tehsil ........................................

[Note:- A site plan or sketch map of business premises be enclosed.] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

5. Name of the Partners, if any, of the firm-

(1)Shri .............. S/o ............ Age ........... Caste .........

(2)Shri .............. S/o ............ Age ........... Caste .........

(3)Shri .............. S/o ............ Age ........... Caste .........

(4)Shri .............. S/o ............ Age ........... Caste .........

(5)Shri .............. S/o ............ Age ........... Caste .........[Note:- In case of partnership firm an attested copy of partnership deed shall be enclosed.] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

6. Particulars of trade articles in which the applicant wants to carry on business:-

As a wholesaler As a retailer

1. ........................... 1 ...........................

2. ........................... 2 ...........................

3. ........................... 3 ...........................

4. ........................... 4 ...........................

7. Did the applicant previously hold a licence of the trade articles for which licence has now been applied for?

If so, give details:-

(i)Name of trade article .....................

(ii)Licence No. ..............................

(iii)Amount of security deposited with challan No. and date .........

8. Does the applicant want to get the security mentioned at item 7 above adjusted toward the security of the licence now applied for? If so, give its challan No., date and amount.

9. How long has the applicant been trading in the trade articles for which the licence has been applied for?

10. Particulars regarding stocks of trade articles in possession on the date of application.

11. Complete address (with house No. Mohalla etc.) of godowns or place where trade articles for which licence has been applied will be stored:-

[Note:- A site plan or sketch map of godowns shall be enclosed.] [Inserted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

12. Has the applicant ever been convicted by a Court of law for contravention of any order issued under Essential Commodities Act, 1955 during last 3 years?

13. Particulars of suspension or cancellation of the licence held by the applicant during last 3 years.

14. Whether the applicant was declared or adjudged as insolvent by a court?

15. [ In case of Co-operative Society/ Company, the names and addresses of all office bearers/ directors etc. shall be furnished. [Added by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]

Name and address Designation

1. ............................. 1 .............................

2. ............................. 2 .............................

3. ............................. 3 .............................

4. ............................. 4 .............................]

I .......................... declare that the particulars mentioned at item No. 1 to 15 above are true to the best of my knowledge and belief and nothing has been concealed therein.I have carefully read the provisions of the Rajasthan Trade Articles (Licensing & Control) Order, 1980 and I agree to abide by them.Place ...............Date ................[Signature of Proprietor/ Partner/ Director/ Manager] [Substituted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)]Form 'B'[See Clause 5]Application for renewal of licence No. ......................To,The Licensing Authority......................................................................Sir,I hereby apply for renewal of my licence No. .................... issued to me under the Rajasthan Trade Articles (Licensing & Control) Order, 1980. The required particulars are given below:-

1. Date on which the licence expires ..............................

2. Name in which the licence stands ...............................

3. For how many years the renewal is desired?

4. Details of the action, if any, taken against the licensee during the last three years for contravention of an order issued under the Essential Commodities Act, 1955....................

I .............................. hereby declare that the particulars mentioned above are correct to the best of my knowledge and belief, and nothing has been concealed therein.Place ...............Date ................Signature of applicant.Form 'C'[See Clause 4(1)(b)]The Rajasthan Trade Articles (Licensing and Control) Order, 1980Licence(i)Licence No. .......................... Wholesale/ Retail.(ii)Security deposited Rs vide challan No. & Date ..............(iii)Name of dealer [and producer] [Inserted by G.S.R. 52, dated 30.3.88] alongwith partners, if any.

(1).......................

(2).......................

(3).......................

(iv)[ Sugar - in qintal/Kg; and] [Added by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

Terms & Conditions

1. Subject to the provisions of the Rajasthan Trade Articles (Licensing & Control) Order, 1980 and to the terms and conditions of this licence,

Mr./ M/s ................... is/ are hereby authorised to purchase, sell or store for sale [or milling, expelling, extracting, manufacturing or refining] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).] the undermentioned trade articles-As a wholesaler As a retailer

1. ........................... 1 ...........................

2. ........................... 2 ...........................

3. ........................... 3 ...........................

4. ........................... 4 ...........................

2. (a) The licensee shall carry on the business of aforesaid trade articles at the following place:

(b)Trade articles in which the aforesaid business is to be carried on shall not be stored at any place other than the godowns mentioned below:-

1. ..............................

2. ..............................

3. ..............................

4. ..............................

Note. - If the licensee intends to store the trade articles in places other than those specified above, he shall give intimation in writing to the Licensing Authority within a period of seventy two hours of actually storing of these trade articles therein. He shall also produce the licence before the Licensing Authority within a fortnight of his giving intimation mentioned above, for the purpose of making requisite changes.

(c)[ Licensee shall not permit any other person to stock in his godown trade articles similar to the trade articles in which the licensee is trading. [Added by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part 4(ga) dated 5.4.1995, page 3(4)]

(d)The licensee shall display his name and licence number at the conspicuous place of his godown.]

3. (a) The licensee shall maintain a stock register of daily accounts in Form 'F' for the trade articles mentioned in paragraph 1 showing correctly:-

(i)The opening stock on each day:

(ii)The quantities received on each day showing the place from where and the source from which received:

(iii)The quantities delivered or otherwise removed on each day showing places of destination: and

(iv)The closing stock on each day.

Explanation. - The licensee may maintain more than one stock register for the various trade articles and may allot separate page(s) for each trade article.

(b)The Licensee shall enter all the transactions held on telephone or through bilty or otherwise relating to purchase or sale of trade articles in the stock register.

In case the purchased trade articles cure not received physically by the licensee on the date of entering into any transaction, a note shall be recorded in this behalf in the stock register.

(c)The quantities of the various trade articles shall be entered in the stock register as under:-

(i)Foodgrains, sugar, gur, khandsari, oil seeds & pulses. In qtls. or Kgs.

(i)[ Pulses-in quintals;] [Inserted by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).]

(ii)[ edible oilseeds and oils in quintals/kilos.] [Inserted by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

(iii)Kerosene Oil. In litres.

(iv)Coal In qtls. or Kgs.

(d)The licensee shall complete the entities in the stock register for each day latest by the beginning of the transactions on the following day, unless prevented by reasonable cause, the burden of proving which shall lie upon him.

(e)[ A licensee, who himself is a producer of whole pulses, shall separately show the stocks of his own produce in the stock register, if such stocks are stored in his business premises.] [Added by Notification No. S.O. 65, dated 30.9.2015 (w.e.f. 27.8.80).]

(f)[ A licensee, who himself is a producer of edible oilseeds shall separately show the stocks of his own produce in the stock register, if such stocks are stored in his business premises.] [Inserted by Rajasthan Notification No. S.O. 168, dated 23.11.2015 (w.e.f. 27.8.1980).]

4. The Licensee shall not contravene the provisions of this Order or any other law relating to essential commodities for the time being in force.

5. The licensee shall not-

(i)enter into any transaction involving purchase, sale or storage for sale of trade articles in speculative manner prejudicial to the maintenance and easy availability of their supplies in the market:

(ii)sell or offer to sell any trade article at a price higher than that specified in respect of such article in the list of prices and stocks:

(iii)refuse to sell to any person any trade articles kept for sale at the price specified in the list of prices and stocks: and

(iv)keep in his possession stocks of trade articles exceeding the limits fixed under clause 18.

6. [ The licensee shall display conspicuously in Form 'E', legibly written in Hindi, a list of prices and stocks of the trade articles he deals with, in accordance with the provisions of clause 15.] [Inserted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).]

7. The licensee shall issue to every customer of such trade article a cash memo or invoice, as the case may be, giving his own name and licence No., name, address and licence number (if any) of the customer, the date of transaction, the quantity sold and the price charged. He shall keep a duplicate of the same to be available for inspection on demand by the licensing authority or any other officer authorised in this behalf:

Provided that it shall not be necessary for a retailer to issue any such cash memo or invoice or to keep any such duplicate in respect of sale of trade article costing not more than [Rs.25/-] [Substituted by S.O. 2, dated 30.3.1995, Rajasthan Government Gazette Extraordinary, Part IV(ga) dated 5.4.1995, page 3(4)] unless demanded by the Customer.

8. The licensee shall furnish correctly such information relating to the business as may be demanded from him and shall carry out such instructions as may, from time to time, be given by the Licensing Authority.

9. The licensee shall give all facilities at all reasonable times to the inspecting authority for the inspection of his stocks and accounts at any shop, godowns or other places used by him for the storage, sale or purchase and for the taking of samples of the trade articles mentioned in paragraph 1 for examination.

10. The licensee shall comply with any direction that may be given to him by the State Government or the Collector or the Licensing Authority with regard to the purchase, sale and storage for sale, of these trade articles and in regard to the language in which the registers, returns, receipts or invoices shall be written and in regard to the authentication and maintenance of the register mentioned in paragraph 3 above.

11. The licensee shall, in case when he functions in a regulated market, abide by such instructions relating to his business as are given by the marketing authority having jurisdiction, and in any other case by such body as may be recognised by the State Government in this behalf.

12. Every licensee shall take adequate measures to ensure that the trade articles stored by him are maintained in proper condition and that damages to these articles due to ground moisture, rains, insects, rodents, birds, fire and such other causes are avoided. The licensee shall also ensure that fertilizers, insecticides and poisonous chemicals likely to contaminate such articles are not stored along with these articles in the same godowns or in immediate juxtaposition to the stocks of the trade articles.

13. The licensee shall supply or sell the trade articles to the consumer or dealers in the same quantity or weight and at a price marked on the container/package, but if any shortage limit is allowed by any order of the Central Government or State Government the same will be deducted from the marked quantity or weight.

14. This licence shall be attached to an application for renewal.

15. This licence shall be valid upto 31st March, 19..........

Place ...............Date ................(Licensing Authority)Form 'D'[See Clause 20]Return for the period ............................. Name .............................[Licensing No.] [Not to be given in case of a person having no licence.] ........................... Whoesale/ Retail

S. No.	Name of trade article	Stocks at the beginning of fortnight/ month	Stock purchased or otherwise received duringfortnight/ month.
1	2	3	4

Total	Stock sold or otherwise removed during thefortnight/ month	Stock at the end of the fortnight/ month	Remarks
5	6	7	8

Place ...............Date ................SignatureToThe Licensing AuthorityN.B. - I. Weight is to be entered in quintal/litre/tonne.II. Goods pledged with Bank, Co-operative Society etc. are also to be included in the above figures and a note be given in remarks column.III. Fraction need not be mentioned. Figures may be rounded off to the nearest quintal/ litre/ tonne.IV. Small packs of Hydrogenated Vegetable Oil, Edible oil or gur etc. may be first converted into qtls. etc. and then included in this return.[Form 'E'] [Substituted by Notification No. S.O. 55, dated 20.6.2017 (w.e.f. 27.8.1980).][See Clause 15]List of Prices & Stocks of Trade ArticlesName of the Dealer .................... Date ..................

S. No.	Name of the trade article	Price of each trade article	Stock of trade articles at the beginning of theday	Remarks
1	2	3	4	5

Signature of DealerNote. - (i) Each quality/ make of the trade article should be shown separately so as to indicate the separate price for that quality/ make.

(ii)In fourth column of above list, if a trade article is in stock the words 'Available' be written, and if a trade article is out of stock the words: "Out of stock" be written by a dealer.

Form 'F'[See Condition 3 of the licence]Stock RegisterName of Trade Article .....................

Date	Opening balance	Receipts	Source of receipts
1	2	3	4

Total (Col 2+3)	Deliveries/ Sales	Place of destination	Closing balance	Remarks
5	6	7	8	9

Notifications[Notification No. F. 17(39) Food/ Supply/ Legal/77, dated 27-8-1980; Published in Rajasthan Gazette Part 4-C(I), dated 27-8-80].And as amended by:-

1. S.O. 189, dated 3-12-87.

2. S.O. 59, dated 22-5-93.

S.O. 69. - In pursuance of sub-clause (k) of clause 2 of the Rajasthan Trade Articles (Licensing & Control) Order, 1980 the State Government hereby appoints the Officers specified in Column No. 1 of the Schedule appended hereto by virtue of their office, to exercise the powers and to perform the duties of Licensing Authority for all trade articles and for the area and the provisions of this Order specified against each in column No. 2 thereof.The Schedule

1.	Distt. Supply Officer	Under all provisions of this Order for District Headquarter'sTehsil area and exercise powers under clauses 11, 12, 14 and 25of the said order for whole district.
2.	Sub-Divisional Officer excluding S.D.O. posted at Distt.Headquarters	Under all provisions of this Order for Sub-divisionalHeadquarter's Tehsil area.
3.	Tehsildar excluding Tehsildar posted at District andSub-Divisional Headquarters	Under all provisions of this Order for their respectivejurisdiction area.
4.	[Additional Tehsildar Indergarh (Distt. Bundi)] [Substituted by S.O. 189, dated 3-12-87.],[RawatBhata-(Distt. Chittorgarh)] [Inserted by S.O. 59, dated 22-5-93.]and Naib Tehsildars Ramgarh, Sum andNokh (Jaisalmer Distt.)	Under all provisions of this Order for their respectivejurisdictions area.

[Notification No. F. 17(39) FS/Legal/77. dated 27-8-1980: Published in Rajasthan Gazette Part 4-C(I), dated 27-8-80 and as amended by S.O. 99. dated 14-11-83.].S.O. 70. - In exercise of the powers conferred by first proviso to clause 3 of the Rajasthan Trade Articles (Licensing & Control) Order, 1980 and with prior concurrence of the Central Government, the State Government hereby prescribes the limits for different trade articles specified in column No. 1 of the Schedule appended hereto for which no licence shall be required for a dealer who does not store for sale at any one time the trade articles exceeding in quantity mentioned against each in column No. 2 thereof.The Schedule

1.	Foodgrains	10 quintals of any one of the foodgrains or upto 30 quintalsof all the foodgrains
2.	Pulses	10 quintals for all pulses taken together
3.	Oilseeds including groundnut in shell	30 quintals for all edible Oilseeds taken together
4.	Edible Oils including Hydrogenated Vegetable Oil	5 quintals for all edible oils including hydrogenatedvegetable oil taken together
5.	Sugar	10 quintals
6.	Gur and Khandsari	50 quintals
7.	Kerosene Oil	200 litres
8. [ [Added by S.O. 99, dated 14-11-83]	Coal	100 quintals]

[Notification No. F. 17(39) FS/Legal/77, dated 27-8-1980; Published in Rajasthan Gazette Extraordinary Part 4-C(I), dated 27-8-80 and as amended by S.O. 123, dated 2-1-1984]S.O. 73. - In exercise of the powers conferred by clause 18 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 and with prior concurrence of the Central Government, the State Government hereby fixes the following stock limits of Jowar, Bajra and Maize:-

(i)	In case of a person who has produced these foodgrains on hisagricultural land	45 quintals taken together
(ii)	In case of dealer	100 quintals taken together
(iii)	In case of any other person	25 quintals taken together

No person shall have in his possession at any one time these foodgrains exceeding the above limits unless he has submitted a declaration of such stocks of Jowar, Bajra and Maize to the concerned Licensing Authority at the end of every month so as to reach him within three days after the close of the month:[x x x] [Deleted by S.O. 123, dated 2-1-1984][Notification No. F. 17(39) FS/Legal/77, dated 27-8-1980; Published in Rajasthan Gazette Extraordinary Part 4-C(I), dated 27-8-80.]S.O. 74. - Whereas the State Government is of the opinion that it is necessary and expedient to do so for securing the availability of sugar at reasonable prices:Now, therefore, in exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, the State Government hereby directs all the dealers in sugar in the State that they shall not purchase and, or, sell free sale sugar without giving and taking the physical delivery of such sugar.[Notification No. F. 17(III) FS/Legal/80, dated 25-10-1980, Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 25-10-80.]S.O. 98. - In exercise of the powers conferred by clause 31(1) of Rajasthan Trade Articles (Licensing & COntrol) Order, 1980, the State Government hereby exempts those dealers, who have not obtained the licences within the prescribed period under clause 3 of the said order, from the operation of the said clause upto 30-11-80.The Existing licences of such dealers shall remain valid upto the day they receive new licences under the said order or the 30th day of November, 1980 whichever is earlier.[Notification No. F. 17(III) Fs/Legal/80, dated 21-11-1980; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 21-11-80.]S.O. 114. - In exercise of the powers conferred by clause 26 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, the State Government hereby orders that the following Essential Commodities shall be added to the Schedule II appended to the said Order, after item No. 13.-"14. Tin sheets (ordinary and corrugated).

15. Iron bars.

16. Iron girders".

[Notification No. 17(99) FS/Legal/80, dated 9-1-1981; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 9-1-81.]S.O. 134. - In exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, the State Government hereby rescinds with immediate effect the Order No. F. 17(99) FS/Legal/80 dated 17th Nov. 1980 (S.O. Ill) published in extraordinary issue of the Rajasthan Gazette Part IV(C) dated 17th Nov. 1980 by which export of gram and/or its products was banned outside the state of Rajasthan from 23-10-80.[Notification No. F. 17(III) Fs/Legal/80, dated 25-2-1981; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 25-2-81.]S.O. 159. - In exercise of the powers conferred by clause 26 of the Rajasthan Trade Articles (Licensing & Control) Order, 1980, the State Government hereby orders that the following Essential Commodities shall be added to the schedule-II appended to the said order, after item No. 16:-"17. Nationalised text books (Books which are published by Rajasthan State text Book Board or Board of Secondary Education, Rajasthan, Ajmer under their authority of copy right)."[Notification No. F. 17(II) FS/Legal/80, dated 13-4-1981 and as amended by S.O. 182, dated 28-4-81.]S.O. 149. - In exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, the State Government hereby issues the following directions to the sugar wholesale dealers with immediate effect:-

(1)No wholesaler of the state shall sell free sale sugar to any wholesaler of the districts of Banner, Bikaner, Jaisalmer and Srigan-ganagar.[Provided that the wholesale dealers of district Jodhpur may, with prior permission of the Collector, sell sugar to such wholesale dealers of district Jaisalmer whom the Collector Jaisalmer shall recommend in this behalf.Provided further that the dealers engaged in the aforesaid transactions shall also submit the statements with regard to such purchase and sale to their respective District Supply Officer within two days of the completion of transactions.] [Inserted by S.O. 182, dated 28-4-1981.]

(2)No wholesale dealer of the district of Banner, Bikaner, jaisalmer and Sriganganagar shall sell free sale sugar to the other wholesale dealers within their districts.

(3)The wholesale dealers of the districts of Barmer, Bikaner, Jaisalmer and Sriganganagar shall, without any delay intimate the intention of purchase of free-sale sugar from the sugar mills to the Food Secretary and the concerned District Supply Officer elaborating the name of the mill and the intended quantity of purchase of sugar.

(4)The wholesale dealers of free-sale sugar of the districts of Barmer, Bikaner, Jaisalmer and Sriganganagar shall immediately intimate on receipt of the quantity and the source of supply of sugar to the Food Secretary and the concerned District Supply Officer.

(5)No dealer of the districts of Barmer, Bikaner, Jaisalmer and Sriganganagar shall sell free-sale sugar exceeding 10 Kg. to any person including wholesaler, retailer and non-licensed dealers situated within 10 Kilometers from the Internal Border except on a valid permit issued by the concerned Licensing Authority.Explanation. - Any person found carrying free-sale sugar exceeding 10 Kg. within a belt of 10 kilometers from the "International Borders" shall be deemed so doing for the purpose of smuggling.[Notification No. F. 17(III) FS/Legal/80, dated 16-8-1985; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 16-8-85.]S.O. 65. - In order to make the ordinary supply of free-sale sugar available to the consumers at a fair price, the Government of Rajasthan, in exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, and in supersession of previous Order No. S.O. 139 dated 31-1- 1985 published in the Rajasthan Gazette Extraordinary, sub-part (II) of part IV(C), dated 31-1-85, hereby directs that no wholesaler of free sale sugar shall transfer or sell any free sale sugar to another wholesaler without obtaining actual physical possession of such sugar from the Mill and no transferee wholesaler shall transfer or sell any such sugar to a retailer without obtaining actual physical possession of sugar from the transferor wholesaler:Provided that where any wholesaler, after getting actual physical possession of such sugar, transfers or sells any part of his consignment of such sugar en-route in the State of Rajasthan, such consignment shall be sold only once in wholesale and in such a case both the seller and the purchaser shall inform the District Supply Officer, concerned after completion of such transaction.[Notification No. F. 17(III) FS/Legal/80, dated 16-8-1985; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 16-8-85.]S.O. 66. - In order to make the ordinary supply of free sale sugar available to the consumers at a fair price, the Government of Rajasthan, in exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, hereby issues the following direction to all the wholesalers of free sale sugar with immediate effect:-The wholesalers of free sale sugar shall, after getting actual physical possession of sugar from the mills, be permitted to enter into only one transaction of sale to another wholesaler of free sale sugar in the State of Rajasthan. The wholesaler of free sale sugar, who has purchased sugar from another wholesaler, shall sell the stock so purchased to retailers only.[No. F. 17(III) FS/ Legal/ 80-11, dated 11-1986; Published in Rajasthan Gazette Extraordinary Part IV-C(II), dated 11-6-86.]S.O. 47. - In pursuance of sub-clause (k) of clause 2 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 the State Government hereby appoints the Naib-Tahsildar, Anta, District Kota by virtue of his office to exercise the powers and to perform all the duties of Licensing Authority for all trade articles in his jurisdiction.[Notification No. F. 17(111) FS/Legal/80-III, dated 29-1-1988; Published in Rajasthan Gazette Part 4-C(II), dated 30-1-88 but as superseded by No. S.O. 106. dated 30.8.1995, published in Rajasthan Government Gazette Extraordinary Part 4(ga), dated 1.9.1995, page 175.]S.O. 224, superseded by S.O. 106. - In exercise of the powers conferred by clause 6 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 and in supersession of the previous Notification No. F. 17(39) FS/ Legal/ 77, dated 27-8-1980 published in Rajasthan Gazette, Extra-ordinary, Part IV-C, sub-section (II), (S.O. 71), dated 27-8-80, the State Government hereby prescribes the fees as following:-

(a)For issue of licence

(i)Wholesale Rs. 2,000/-

(ii)Retail Rs. 1,000/-

(b)For renewal of licence

(i)Wholesale Rs. 100/- per year

(ii)Retail Rs. 50/- per year

(c)For issue of a duplicate licence

(i)Wholesale Rs: 100/-

(ii)Retail Rs. 50/-

[Notification No. F. 17(19) FS/Legal/88, dated 30-11-1988; Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 30-11-88.]S.O. 189. - In exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, the State Government hereby rescinds with immediate effect the Order No. F. 17(19) FS/Legal/88, dated 4th November, 1988 (S.O. 171), published in Extra-ordinary issue of the Rajasthan Gazette Part IV(C), dated 4th November, 1988 by which movement of gram and its by-products out of state was restricted from 28th October, 1988.[Notification No. F. 17(III) FS/Legal/80-III, dated 22-9-1989; Published in Rajasthan Gazette Part 4-C(II), dated 23-9 89.]S.O. 110. - In order to make the sugar available at reasonable price to consumers, the Government of Rajasthan, in exercise of the powers conferred by clause 25 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980, hereby issues the following directions to the sugar wholesale dealers with immediate effect.-

(1)All wholesalers of free sale sugar of the State shall inform, within 24 hours of receipts of sugar to the Addl. Commissioner, Food & Civil Supplies Department, Rajasthan, Jaipur and to the Collector of the Concerned district about the details of sugar received i.e. date of receipt, quantity received, name of mill and mode of transportation etc.

(2)All the wholesalers of free sale sugar shall send a weekly return in the enclosed proforma to the aforesaid authorities for the week ending on 7, 14, 21 and last date of the month within 2 days after the end of the week.This direction shall remain in force from 23-9-89 to 15-11-89.ProformaWeekly return for the week ending on ..............................M/s. ..............................................................Place: District:

Sl. No.	Details of receipt of free sale sugar	Remarks
Date	Quantity	Name of Mill	Mode of Sugar Transportation
1	2	3	4	5	6

[No. F. 17(III) FS/Legal/80-III, dated 21-12-1989; Published in Rajasthan Gazette Part 4-C(II), dated 21-12-89.]S.O. 158. - In exercise of the powers conferred by clause 26 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 the State Government hereby orders that the following Essential Commodities shall be added to the Schedule II appended to the said order, after Item No. 17:-"18. Butter Oil.[Notification No. 17(III)/ FS/ Legal/ 80-IV, dated 23-6-1992, Published in Rajasthan Gazette Extraordinary Part 4-C(II), dated 23-6-92.]S.O. 71. - In exercise of the powers conferred by clause 20 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 and in supersession of the notification No. F. 17(39)/FS/Legal/77, dated 27-8-1980 (S.O. 72) published in the Rajasthan Gazette Extraordinary Part 4-C, dated 27-8-80, the State Government prescribes the following returns to be submitted by the dealer and producer to the authority noted against each:-

1.	Dealers and producers holding a licence of pulses, oil-seedsand edible oils.	Fortnightly return to the licensing Authority concernedwithin three days of the close of each fortnight.
2.	Dealers holding a licence of oodgrains, Sugar, Gur,Khandsari, Kerosene Oil and Coal.	Monthly return to the Licensing authority concerned withinthree days of the close of each month.

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State of Rajasthan - Act