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State of Odisha - Act

The Orissa Essential Commodities (Requisitioning of Stocks) Order, 1979

ODISHA
India

The Orissa Essential Commodities (Requisitioning of Stocks) Order, 1979

Rule THE-ORISSA-ESSENTIAL-COMMODITIES-REQUISITIONING-OF-STOCKS-ORDER-1979 of 1979

Published on 31 January 1979
Commenced on 31 January 1979
[This is the version of this document from 31 January 1979.]
[Note: The original publication document is not available and this content could not be verified.]

The Orissa Essential Commodities (Requisitioning of Stocks) Order, 1979Published vide Notification Orissa Gazette Extraordinary No. 528/10.4.1979-SRO No. 168179/31.1.1979Notification No. S.R.O. 168/79, dated the 31st January, 1979. - In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the notifications of the Government of India in the Ministry of Agriculture and Irrigation (Department of Food) No. G.S.R. 800, dated the 9th June, 1978, published in the Gazette of India, Extraordinary (Part II, Section 3, Sub-section (1) dated the 9th June, 1978) and in the Ministry of Industry and Civil Supplies (Department of Civil Supplies and Co-operation) No. S.O. 681 (E) dated the 30th November, 1974, published in the Gazette of India, Extraordinary (Part II, Section 3, Sub-section (1) dated 30th November, 1974) and with the prior concurrence of the Central Government the State Government do hereby make the following order, namely:

1. Short title, extent and commencement.

(a)This Order may be called the Orissa Essential Commodities (Requisitioning of Stocks) Order, 1979.

(b)It shall extend to the whole of the State of Orissa.

(c)It shall come into force on the date of its publication in the Official Gazette.

2. Definitions.

- In this Order unless the context otherwise requires-

(a)"Collector" means the Collector in charge of a revenue district;

(b)"dealer" means a person engaged in the business of purchase, sale or storage for sale of any one or all of the essential commodities whether or not in conjunction with any other business and includes his representative or agent;

(c)"essential commodities" means the commodities specified in the Schedule;

(d)"producer" mans a person carrying on the business of milling, expelling, extracting or manufacturing any essential commodity;

(e)"retailer" means a dealer in any one or all of the essential commodities who is not a wholesaler;

(f)"Schedule" means a Schedule appended to this Order;

(g)"wholesaler" means a dealer in any one or all of the essential commodities who sells such commodities to other dealers.

3. Requisitioning of stocks.

(1)The Collector or any other Officer not below the rank of Assistant Civil Supplies Officer appointed in this behalf by the State Government may, in the circumstances when the availability of any essential commodity in the market is found to be scarce and there is a tendency towards rise in the price of that essential commodity, by a direction in writing, require a person, be a retailer, a wholesaler or a producer except a producer of cement, to sell and deliver the whole or any part of the stock of that essential commodity held and possessed by him at such place, at such time and in such manner as may be specified in the said direction and (as also specified therein) at such price as specified therein having regard to the matters enumerated in Sub-section (3) or Sub-section (3-B), as the case may be, of Section 3 of the Essential Commodities Act, 1955 or at the price printed on the package of Baby Food.

(2)Every such person to whom a direction under Sub-section (1) is issued, shall, on receipt of the same, forthwith comply with the said direction.

4. Powers of entry, search, seizure etc.

(1)The Collector or any other Officer not below the rank of Inspector of Supplies appointed by the State Government, may, with assistance, if any, as he thinks fit-

(a)inspect or cause to be inspected any book or document or accounts as well as any stock of essential commodity belonging to or under the control of any person;

(b)require any person to give any information in his possession with respect to any essential commodity;

(c)stop and search forthwith with such aid or assistance as may be necessary, any person or vehicle or vessel or animal used or suspected to be used for delivery of the essential commodities from any place or premises where he has reason to believe that the essential commodities are stored;

(d)enter and search with such aid or assistance as may be necessary, any such place or premises;

(e)seize and remove with such aid or assistance, as may be necessary, any stock of essential commodity along with packages, coverings or receptacles in which such stock is found and the animals, vehicles or vessels used in carrying the stocks if he has reason to suspect that the provisions of this Order have been or are being or are about to be contravened and thereafter take or authorise the taking of all measures necessary for securing the production of the stocks, packages, coverings, receptacles, animals, vehicles, vessels so seized before the Collector without any unreasonable delay.

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

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State of Odisha - Act