Section 2 in The U.P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989
2. Definitions.
- In this Order, unless the context otherwise requires -(a)[ "Bulk-consumer" means a dealer who purchases or stores Scheduled Commodities in quantities specified in sub-clause (d) for consumption in preparation of other products but does not sell Scheduled Commodities as such;] [Inserted by Notification No. 1961/XXIX-Kha-11-Compo.-77-90, dated 24th July, 1993.](aa)[] [Re-numbered as clause (aa), by Notification No. 1961/XXIX-Kha-11-Compo.-77-90, dated 24th July, 1993.] "Category A City" means a city specified as such in column one of Schedule III;(b)"Category B City" means a city specified as such in column two of Schedule III;(c)"Commission agent" means a person who carries on the business of purchase, sale and storage for sale on behalf of any other person for commission;(d)"Dealer" means a person who carries on the business of purchase or sale or storage for sale on any day of scheduled commodities in quantities specified below:(1)(i)Foodgrains of any one kind - 10 quintals or more;(ii)Foodgrains of all kinds taken together - 59 quintals or more.(2)Pulses of all kinds taken together - 10 quintals or more;(3)Oilseeds of all kinds taken together (including groundnut in shell) - 30 quintals or more;(4)Edible oils of all kinds taken together (including hydrogenated vegetable oils) - 5 quintals or more;(5)Sugar - 10 quintals or more;[(5-a) Khandsari Sugar - 10 quintals or more] [Inserted by Notification No. 2678/XXIX-Kha-11-Compo.-74-90, dated 23rd August, 1991, published in U.P. Gazette, (Extraordinary), Part 4, section (Kha), dated 23rd August, 1991.];(6)Gur - 10 quintals or more:[Provided that during the period ranging from the date of commencement of the Uttar Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) (Seventh Amendment) Order, 1992, till August 15, 1992 for the words and figures "Gur - 10 quintals or more", the words and figures "Gur - 20 quintals or more" shall be substituted] [Inserted by Notification No. 2220/XXIX-Khadya-11-Compo.-La-67-90, dated 8th July, 1992 published in U.P. Gazette, (Extraordinary), Part 4, section (Kha), dated 9th July, 1992.].(dd)[ "Depot-holder" means a person carrying on business of storing and selling Scheduled Commodity through a depot;] [Inserted by Notification No. 3401/XXIX-Kha-11-Compo.-19-89, dated 26th November, 1990, published in U.P. Gazette, (Extraordinary), Part 4, section (Kha), dated 26th November, 1990.](e)"Enforcement Officer" means the Commissioner, Additional Commissioner, Deputy Commissioner, Assistant Commissioner, and the Chief Marketing Officer, Food and Civil Supplies Department, Uttar Pradesh, [Deputy Director(Food and Civil Supplies), Revenue and Special Intelligence Directorate, Uttar Pradesh Secretariat, the District Magistrate] [Substituted by Notification No. 1431/XXIX-Kha-11-Compo.-36-89, dated 26th July, 1990, published in U.P. Gazette, (Extraordinary), Part 4, section (Kha), dated 26th July, 1990, for 'the Deputy Magistrate'.], Executive Magistrate, Tahsildar, the Regional Food Controller, Deputy Regional Food Controller, Regional Marketing Officer, Deputy Regional Marketing Officer, Assistant Regional Food Controller, Senior Marketing Inspector, Marketing Inspector, Assistant Marketing Inspector, District Supply Officer, Town Rationing Officer, Deputy Town Rationing Officer, Area Rationing Officer, Senior Supply Inspector, Supply Inspector, and a Police Officer not below the rank of Sub-Inspector within the limits of their respective jurisdiction, a Police Officer not below the rank of Sub-Inspector attached to the Commissioner, Food and Civil Supplies, Uttar Pradesh, and a Police Officer not below the rank of Sub-Inspector of the flying squad of Food Department;(f)"Existing Licence" means a subsisting licence issued under the Uttar Pradesh Foodgrains Dealers (Licensing and Restriction on Hoarding) Order, 1976, or the Uttar Pradesh Sugar and Gur Dealers Licensing Order, 1962, or the Uttar Pradesh Pulses (Licensing and Storage Control) Order, 1979, or the Uttar Pradesh Oil-seeds and Oil-seed Products Control Order, 1960;(g)"Form" means a form set forth in Schedule II;(h)"Licence" means licence granted under this Order;(i)"Licensee" means a person holding a valid licence under this Order;(j)[ "Licensing Authority" means an officer appointed in writing by the State Government to exercise the powers and perform duties of the licensing authority under this Order;] [Substituted by Notification No. 1987/XXIX-Kha-11-Compo.-72-90, dated 23rd August, 1990, published in U.P. Gazette, (Extraordinary), Part 4, section (Kha), dated 23rd August, 1990.](k)"Mandi" means a Mandi specified in the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964;(l)"Manufacturer" means a person carrying on the business of milling or processing of foodgrains or manufacturing any food stuffs therefrom;(m)"Producer" means a person carrying on the business of pulses or oils-(i)by buying pulses for being processed or oil-seeds or oils for being expelled, extracted, manufactured or refined by himself and selling the finished product to a wholesaler or through a commission agent [or a depot-holder] [Inserted by Notification No. 3401/XXIX-Kha-11-Compo.-19-89, dated 26th November, 1990, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 26th November, 1990.]; or(ii)by doing any such processes on behalf of another;(n)"Regional Food Controller" means includes an Officer authorised in writing by the Regional Food Controller to perform any of his functions under this Order;(o)"Retailer" means a dealer who sells to any one customer at one time, not more than-(i)one quintal of any one kind of foodgrains or pulses; or(ii)seventy five kilograms of any one kind of oil-seeds or 15 kilograms of any one kind of edible oil; or(iii)one quintal of any one kind of Sugar [or Khandsari Sugar] [Inserted by Notification No. 2678/XXIX-Kha-11-Compo.-74-90, dated 23rd August, 1991, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 23rd August, 1991.] or Gur;(p)"Schedule" means a Schedule appended to this Order;(q)"Scheduled Commodity" means any of the commodities specified in Schedule I;(r)"State Government" means the Government of Uttar Pradesh;(s)"Wholesaler" means a dealer who at any one time sells to any one person-(i)[ one quintal or more of any kind of foodgrain and when sold in packages of Wheat product, Pulses and Basmati rice, in any quantity; or] [Substituted by Notification No. 4067/XXIX-Kha-9-Compo. La. 26-94, dated 16th December, 1996, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 16th December, 1996.](ii)seventy five kilograms or more of any one kind of oilseeds or 15 kilograms or more of one kind of edible oil; or(iii)one quintal or more of any one kind of Sugar [or Khandsari Sugar] [Inserted by Notification No. 2678/XXIX-Kha-11-Compo.-74-90, dated 23rd August, 1991, published in U.P. Gazette (Extraordinary), Part 4, section (Kha), dated 23rd August, 1991.] or Gur.
