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State of Rajasthan - Section

Section 2 in The Rajasthan Trade Articles (Licensing and Control) Order, 1980

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).]