16Delhi Pulses by keralaguest

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									Delhi Pulses
(Licensing of
Dealers)
Order, 1974
Corrected upto 86

(TO BE PUBLISHED IN PART IV OF DELHI GAZETT EXTRAORDINARY)

               DELHI ADMINISTRATION: DELHI

                               ORDER            Dated the 3rd August,1974
No.F.335(2)/73-F&S(p) : whereas the Administrator or Delhi is of the opinion that it is
necessary and expedient so to do for maintain supplies and for securing equitable
distribution or pulses in the Union Territory of Delhi.

       Now, therefore, in exercise of the powers conferred by sub-section (2) (d) of
section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the Govt. of
India, Ministry of Agriculture (Department of Food) Order C.S.R. 316(E) dated the 20 th
June, 1972 GSR 452 (E) dated the 25th October, 1972 and GSR 168 (E) dated the 13th
March, 1973 and with the prior concurrence of the Central Government, the
Administrator is pleased to make the following Order, namely :

          1.        Short title, extent and commencement : (1) This Order may be called
                    the Delhi Pulses (Licensing of Dealers) Order, 1974.

                     (2)    It extends to the whole of the Union territory of Delhi.
                     (3)    It shall come into force at once.

2.     Definitions : In this order unless the context otherwise requires :
                           (a)     “Commissioner” means the Commissioner of Food,
                                   Supplies & Consumer Affairs – Delhi.

       (aa)    “Commission agent” means a commission agent having in the customary
               course of business as such agent authority either to sell goods, or to
               consign goods for the purposes of sale or to buy goods.
                         (b)     “dealer” means a person engaged in the business of
                                 purchase, sale or storage for sale of any pulses, whether
                                 or not in conjunction with any other business and
                                 includes his representative or agent.
                         (c)      “form” means a form appended to this order.
                         (d)     “Licensing      Authority”      means      the    Deputy
                                 Commissioner Food and Supplies, Delhi, Assistant
                                 Commissioner, Food and Supplies, Delhi Food and
                                 Supplies Officer, Delhi, Civil Supplies Officer, Delhi
                                 and any other officer authorized by Commissioner to
                                 exercise the power and perform all or any of the
                                 functions of the Licensing Authority under this Order.
                         (e)     “offer for sale” means and includes an intimation by a
                                 person or proposal by him for sale of pulses made by
                                 the publication of price list by exposing pulses for sale
                                 indicating the price, by furnishing a quotation, or
                                 otherwise and;
     (ee)    “producer” means a person carrying on the business of milling any of the
             pulses:-

             (1)     by buying pulses for being processed by himself and selling the
                     finished products to a wholesaler or through a commission agent; or
             (2)     by doing any of the process of milling on behalf of another

                             (f)     “pulses” means urd, moong, arhar, massoor, lobia,
                                     rajma, mattur and gram including kabli gram whether
                                     whole or split and with or without husk but does not
                                     include products thereof, churi, chilka and kutti;
                             (g)     “retailer” means a dealer who sells pulses in any
                                     quantity to any person who is not a wholesaler or a
                                     producer;
                             (h)     “wholesaler” means a dealer who sells pulses to other
                                     dealer or to any other person in quantity of not less than
                                     one full bag containing at least 90 kgs. of any of the
                                     pulses.
                             (i)     “bulk consumer” means a hotel, a restaurant, a halwai,
                                     and educational institution with hostel facilities a
                                     hospital, or a religious or charitable institution.

3.        Special powers of Commissioner: In addition to the powers and the functions
          specifically assigned under this order, the Commissioner shall have the authority
          to exercise all or any of the functions of the Licensing Authority.
4.        Licensing of Dealers : No person shall carry on business as a dealer in pulses on
          and from 25th day of October, 1977 except under and in accordance with the terms
          and the conditions of the license granted under this order if the stocks of pulses in
          his possession exceed ten quintals of all varieties of pulses taken together.
                  EXPLANATION : For the purpose of this clause any person whole stores
                  pulses in quantity exceeding ten quintals of all varieties of pulses taken
                  together at any one time shall, unless the contrary is proved, be deemed to
                  store pulses for the purpose of sale.

5.        Issue and Renewal of License :

     1.      Every application for a license or renewal thereof shall be made to the
             Licensing Authority in Form „A‟ alongwith such other information/documents
             as may be required by the Licensing Authority, showing correctly the
             particulars asked for therein.
     2.      An application for renewal of a license shall be so made as to reach the
             Licensing Authority not less than thirty days before the date on which the
             license expires.
     Provided that the Licensing Authority may entertain an application upto 30
     days from the date of expiry of the license, if it is satisfied that the applicant
     was prevented by the sufficient cause from submitting the application in time.
3.   Every license issued or renewed under this Order shall be in Form „B‟I in the
     case of a producer in Form B.II in the case of a wholesaler and in Form B.III
     in the case of a retailer.
4.   If a license granted under this order is defaced lost or destroyed the license
     shall be forthwith inform the Licensing authority, who shall in application by
     the licensee, issued a duplicate license on payment of the prescribed fee.
5.   The license shall be valid only for the premises for which it has been granted
     and a separate license shall be obtained by a dealer for each place of business.
6.   The Licensing Authority may for reasons to be recorded in writing refuse to
     grant or renew a license of dealer who shall be given a copy of the reasons so
     recorded.

6.         Period of license and fee chargeable :

     (1)      Every license granted under this order shall be valid for five years
              from the date of issued to the 31st March of the following year(s) and
              shall subject to the fulfillment of the requisite conditions, be
              renewable thereafter for a further period of five years.
     (2)      The fee payable for the issue of a license and that for the renewal of a
              license or the issue of a duplicate license shall be as specified below:


                                 For producer       for wholesaler for retailer


     For the issue of a license          Rs.50/-         Rs.50/-        Rs.20/-
     For the renewal of license          Rs.50/-         Rs.50/-        Rs.20/-
     For the issue of a duplicate        Rs.25/-         Rs.25/-        Rs.10/-
     License.

        Provided that the licenses already held by the dealer shall remain valid
     only for the period specified therein and may be renewed for a period of three
     years upon payment of renewal fee for three years specified under this clause.

7.   Deposit of Security: Every dealer who applies for a license under this order
     shall before a license is issued to him, deposit with the Licensing Authority,
     Security of the value of Rs.500/- in the case of a producer or a wholesaler and
     of the value of Rs.250/- in the case of a retailer in such manner as the
     Licensing Visions of this order, and the conditions subject to which the
     license is granted to him.
8.   Restriction of possession of pulses :

     (1)      No dealer shall either himself or by any person on his behalf, store or
              have in his possession at any one time pulses all taken together in
                   excess of 1000 quintals, kin case he is a wholesaler and in excess of 50
                   quintals in case he is a retailer.

                 Provided that no wholesale dealer shall hold any stock of pulses for a
          period exceeding fifteen days from the date of physical receipt by him of such
          stock of pulses.

                 Provided further that only one sale/purchase transaction, if
          accompanied by physical delivery of stocks, shall be permitted in respect of
          pulses between one wholesaler and another.

          (2)      No producer specified in column(1) of the table below shall store or
                   have in his possession at any one time unmilled pulses in excess of the
                   quantity specified in the corresponding entry in column (2) of the said
                   table and he shall not hold finished stock in excess of the quantity
                   specified in the corresponding entry in Column (3) of the table:




Category of producer quantity of unmilled pulses   quantity of finished stock of milled
                                                   pulses
                Producer who is      Producer who Producer who is          Producer who
                Carrying on          has commen- carrying on bussi-        has common
                Business on the      ced production ness on the            production
                Commencement         after the     commencement of         after the
                Of this order        commence- this order                  commence-
                                     ment of                               ment of this
                                                                           Order
(1)                           (2)                          (3)

                       (a)                   (b)             (a)           (b)

Producer of     One-twelfth of the      For the 2nd   One-twenty fourth    For the second
Pulses          maximum qty.of       year and 3rd     of his maximum       and third year
                Pulses used by him   of his produc-   production of any    of his produc-
                in any of the        tion 1/12th       of the proceeding   tion1/24th of
                preceding 3 yrs.     Of the qty.of    3 yrs. Ending on     the qty. of
                ending on 31st day   pulses that      the 31st Oct,1982    pulses that
                Of Oct.,1982.        would be                              would be
                                     required for                          required for
                                     producing a                           producing a
                                      qty.equal to                           qty.equal to
                                      his annual                             his annual
                                      installed                              installed
                                      capacity and                           capacity and
                                      thereafter                             thereafter 1/24
                                      1/20th of maxi-                        of maximum
                                      mum of pulse                           qty.of pulses
                                      used by him                            use by him in
                                      in any of the                          any of the 3
                                      3 yrs.                                 Yrs.immedia-
                                      immediately                            tely after the
                                      after the                              commencem-
                                      commence-                              ent of his
                                      ment of his                            production
                                      production.

        Provided that where any quantity of pulses is in transit, then, for the purpose of
this sub-clause, such quantity shall not, during the period when such quantity is in transit,
be deemed to have been included in the stock of the dealer in whom the property in
quantity is retained during such transit in accordance with the terms of any contract of
agreement in pursuance of which the quantity is put in such transit.

       Provided further that pointing nothing in this clause shall apply to a commission
agent who does not retain any consignment of pulses received by him for a period
exceeding fifteen days from the date of its receipt if he has got his license endorsed from
the Authority for working as a “commission agent”.

   9.      Direction as to sale/distribution:- Every licensee shall comply with any
           direction that may be given to him from time to time by the Licensing
           Authority in writing with regard to storage, sale, purchase, acquisition,
           distribution disposal of pulses and the manner in which accounts thereof shall
           be maintained and returns submitted.
   10.     Maintenance of accounts and submission of stock return –

           (1)     Every licensee shall maintain a daily stock register showing correctly :

                     (a)     the opening balance of stock of each of the pulses held by
                             him
                     (b)     the quantities received in the course of the day
                     (c)     total of (a) and (b)
                     (d)     the quantities sold/delivered in the course of the day, and
                     (e)     the closing balance of each of the pulses.

           (2)     Every licensee shall also maintained a sale register showing correctly :

                     (a)     the name and address of the purchaser
                     (b)     his license No., if any
                    (c)    the quantity sold
                    (d)    rate per kilo/quintal, and
                    (e)    total amount

                    “Returns :Every wholesaler and producer who holds stock of pulses
                    in excess of quantities specified for a retailer in clause 8, shall
                    furnish a fortnightly return in Form C to the Licensing Authority
                    within five days immediately following the fortnight to which the
                    returns relates”.

11.      Contravention of the terms and conditions of license or directions :

         (1)     if any licensee, his agent or servant or any other person acting on his
                 behalf contravene any of the terms, conditions directions or any
                 provisions of this order the Licensing Authority may without prejudice
                 to any other action that may be taken against the licensee, suspend his
                 license by order in writing.
         (2)     Without prejudice to the provisions of sub-clause (1), if the Licensing
                 Authority is satisfied that the licensee has contravened any of the
                 terms and conditions of the license or the directions issued under
                 clause 9 or any other provisions of this order, and cancellation of his
                 license and/ or forfeiture of his security deposit is called for, he may,
                 after giving the licensee a reasonable opportunity of stating his case
                 and of being heard against the proposed cancellation and or forfeiture
                 by order cancel his license and or forfeit the whole or part of the
                 security deposited by him and he shall forward a copy of the order to
                 the licensee.

12.      Appeal :

         (1)     Any person aggrieved by the order of the Licensing Authority refusing
                 to grant or renew a license or cancelling or suspending his license on
                 forfeiting the security deposited by him under the provisions of this
                 order, may prefer an appeal in writing before the Commissioner
                 within a period of thirty days from the date of receipt of the order by
                 him.

      Provided that the Commissioner may entertain the appeal after the said period of
      thirty days, if he is satisfied that the appellant was prevented by sufficient cause
      from filling the appeal in time.

         (2)     Every appeal filed under sub-clause (1) shall be in the form of a
                 memorandum signed by the appellant and shall be accompanied by an
                 attested copy of the order appealed against. It shall be presented in
                 person either by appellant or his agent or sent by registered post to the
                 commissioner.
         (3)    The appeal shall be liable to be summarily rejected if the appellant
                fails to furnish an attested copy of the order appealed against.
         (4)    If the Commissioner admits the appeal, he shall fix a hearing, or which
                notice shall be sent to the appellant as also to the Licensing Authority.
                Pending disposal of the appeal, the Commissioner may stay the
                operation of the order appealed against.
         (5)    The Commissioner may, after giving the parties concerned an
                opportunity of being heard confirm vary, modify or set aside the order
                appealed against or pass such other order as he may deem fit.
         (6)    The Commissioner may, upon application or of his own motion revise
                any order passed by the Licensing Authority or review his own order
                or that of his predecessor.

              Provided that the provisions relating to appeals contained in sub-clause
      (1), (2), (3), (4) and (5) shall mutates-mutandis apply to the applications for
      review.

             Provided further that no order which is likely to affect any person
      adversely shall be passed, unless such person has been given an opportunity of
      being heard.

      (7)   (i)     Any person aggrieved by an order of the Commissioner passed by
      him suo-motor revising the order of the Licensing authority under sub clause (6)
      may prefer an appeal in writing before the financial Commissioner, Delhi.

(i)     appeals, if any, lying pending with the Chief Secretary on or before Ist March,
        1976 being the date of commencement of the Delhi Pulses (Licensing of
        Dealers) (Second Amendment) order, 1976 shall be transferred to the Delhi
        Sales Tax Tribunal for disposal.
(ii)    In case the officer holding the office of the Financial Commissioner happens
        to be one who has passed the order appealed from while holding the office of
        the Commissioner, Food and Supplies, Delhi, the appeal shall lie to the Delhi
        Sales Tax Tribunal.
(iii)   The procedure laid down in regard to the submission of appeal before the
        Commissioner under sub-clause (1) and (5) shall mutatis-mutandis apply to
        appeals preferred before the Financial Commissioner or the Delhi Sales Tax
        Tribunal, as the case may be.
(8)      The administrator may, suo-moto or on a representation made to him, call for
an examine the record of any proceedings before the Financial Commissioner or the
Commissioner, or any officer subordinate to Commissioner, for the purpose of
satisfying himself as to the correctness, legality or propriety of any finding or order,
recorded or passed by any of them and to pass thereof such order as he thinks fit.

13.      Powers of entry, search, seizure etc.

         (1)    The Commissioner or the Licensing Authority or any Magistrate or
                any police officer not below the rank of S.I. or any officer of the Food
               and Supplies Department, Delhi not below the rank of Inspector or any
               other officer authorized by the Commissioner may with such
               assistance, if any as he thinks 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 or of the conditions of any license issued thereunder
                        has been, is being or is about to be committed to produce
                        books of accounts or other documents show transactions
                        relating such contravention;
                 (b)    enter, inspect or break open and search any place premises,
                        vehicle or vessel in which he has reason to believe that any
                        contravention of the provisions of this order or of any
                        conditions of any license issued thereunder has been, is being
                        or is about to be committed.
                 (c)    seize any document or take or cause to be taken extracts from
                        or copies of any documents showing transaction relating to
                        such contravention;
                 (d)    Search, seize and remove stock of pulses and the animals
                        vehicles vessels or other conveyance used in carrying the said
                        pulses in contravention of the provisions of this order or of
                        the conditions of the license issued thereunder and thereafter
                        take or authorize the taking of all necessary measures for
                        securing the production of stocks of pulses and the animals,
                        vehicles, vessels or other conveyance seized in a court of law
                        and for their safe custody pending such production;
       (2)     The provisions of Section 100 and 101 of the Code of Criminal
               Procedure, 1973 (II or 1974) relating to search and seizures made
               under this clause.

14.    Power to call for information : Every licensee shall, when so required by
       general or special directions by the Commissioner or the Licensing Authority
       furnish truthfully and to the best of his knowledge such particulars or
       information relating to pulses in such manner as may be required.


14(A).       power to fix lower stock limits : The Administrator may, if it is
considered necessary for just and sufficient reason, by notification in the Official
Gazette, for any stock limit within the maximum limits specified in clause 8 of the
said order, either generally or for any specified period, subject to such conditions as
may be specified in the notification.

   Provided that no notification under the clause shall be issued except with the
previous approval of the Central Government.

1.     Exemptions/Savings ;
(1)     The Administrator may, if it is considered necessary for avoiding any hardship or
for any other just and sufficient reason, by notification, in the Official Gazette, exempt
any producer, dealer or commission agent from the operation of all or any of the
provisions of this Order, either generally or for any specified period, subject to such
conditions as may be specified in the notification may at any time in the like manner
vary, suspend rescind such exemption.

       Provided that no notification under this clause shall be issued granting exemption
from clause 4 and 8 of this order or in relation to submission of returns except with the
previous approval of the Central Government.

(2)        Nothing in this Order shall apply :-
      (i) to a Corporation or Company owned or controlled by the Central Government or
           a State Government.
      (ii) to any Central level or State level co-operative society, engaged in the production,
      procurement, sale, purchase or distribution of pulses.

      15.   Repeal :
      The Delhi Pulses (Licensing of Dealers) Order, 1973 is hereby repealed.

                                                        By Order,

                                                          Sd/-

                                                (S.M. GOYAL)
                                        SECRETARY (FOOD & SUPPLIES)
                                        DELHI ADMINISTRATION;DELHI
                                       FORM „A‟
                                  (See Clause 5 (i)

The Delhi Pulses (Licensing of Dealers) Order, 1974. Application for grant/renewal of a
producer/wholesaler/Retailers License.

           1.  Name of the applicant.
           2.  Residential address of the applicant.
           3.  Name in which license is required.
           4.  Name and address of the person having interest in the firm for which
               license has been applied for.
           5. Complete address of the place of business.
           6. Full particulars of the godowns where pulses are/will be stored.
           7. whether the applicant is a manufacturer
           8. Type of business being carried on at present.
           9. How long has the applicant been trading in pulses.
           10. Quantities of pulses handled during the past two years
           11. Quantities of pulses in stock at the time of application for license, and the
               place where stored.
           12. Income Tax paid in two years preceding the year of application for
               license.
           13. Central/local Sales Tax No.,if any.
           14. Has the applicant been convicted in the past for any offence relating to
               pulses or any other essential commodity.
           15. Other Licenses held by the applicant under any order issued under
               Essential Commodities Act,1955
           16. Is the applicant connected in any way with any other firm/licensee dealing
               in pulses in so, in what capacity.

           I declare that the particulars given above are correct to the best of my
        knowledge and belief and nothing has been concealed.

               I have carefully read the provisions of the Delhi pulses (Licensing of
        Dealers) Order, 1974 and the terms and conditions subject to which license is
        granted thereunder and I agree to abide by them.

            FOR RENEWAL :            I hereby apply for renewal of license
        no.___________issued to me on ______________which is enclosed herewith:

PLACE

DATE:                                        SIGNATURE OF THE APPLICANT
                              FORM “B”
                           (see clause 5(3)

The Delhi Pulses (Licensing of Dealers) order,1974. License for purchase, sale, storage
for sale of pulses as a producer.

License No._____________________
          1.    Subject to the Provisions of the Delhi Pulses (Licensing of Dealers)
                orders, 1974, and the terms and conditions as specified
                below……….is/are hereby authorized to purchase, sell or storage
                pulses for sale as a producer.
          2.    (a) The licensee shall carry on the aforesaid business in pulses at the
                following premises only.

                  Office/shop                 location of dallmill godown

                  NOTE; No licensee shall store pulses at any place other than the
                  business premises and/or godown specified above without prior
                  permission in writing of the Licensing Authority recorded in his
                  Licence.

2.(b) The licensee may store his pulses in the ware-house of the central Warehousing
Corporation in addition to the godown(s) specified herein above provided intimation to
this effect is given to the Licensing Authority within four days of such storage.

NOTE; No licensee shall store pulses at any place other than the business premises and or
godowns specified above without prior permission in writing of the Licensing Authority
accorded in his Licence.

TERMS AND CONDITIONS OF THE LICENSE;

1.(i) The Licensee shall maintain true and correct for each of the pulses in accordance
with clause 10 of the Delhi Pulses (Licensing of Dealers) Order 1974.

   (ii)    In addition to the stock register and sale register required to be maintain under
           clause 10 of the said order, the licensee shall maintain Consignment Register
           in respect of the processed pulses sent by him for sale to a wholesaler on
           consignment basis in the market showing correctly.

                          (a)     Date on which consignment sent
                          (b)     Kind of the pulses
                          (c)     Quantity consigned
                          (d)     The name and complete address of the wholesaler and
                                  his license no.
                          (e)     Consignment note no.
   (iii)   The licensee shall also maintain a Production Register showing correctly.

                         (a)     the kind and quantity of whole pulses fed for processing
                                 on such day
                         (b)     the kind and quantity of processed pulses manufactured
                                 on such day.
                         (c)     The quantity of refractions, husk and churi left out of
                                 processing of pulses on each day; and
                         (d)     The milling gain or loss, if any.

   (iv)    The licensee shall submit to the Licensing Authority a true fortnightly return
           in form “C” in any case not later than 5th day of the following fortnight.
   2.          The licensee shall complete his accounts for each day on the day to which
   they relate or by the beginning of the business on the following day at the latest,
   unless prevented by reasonable cause, the burden of proving which shall be upon him.

           3.     The Licensee shall not;

i)      enter into any transaction involving purchase, sale or storage of pulses in a
speculative manner prejudicial to the maintenance or supply and easy availability of
pulses in the market; or
ii)    With-hold from sale, stock of pulses kept for sale

           4.     The licensee shall except when specially exempted by the
                  Commissioner in this behalf, issue to every customer cash memo
                  giving his own name, address, Licence number and the name and
                  address of the customer, the date of transaction, the quantity sold, the
                  price per quintal/pack as the case may be and the amount charged. He
                  shall get a signature of the customer on the cash memo/invoice and
                  shall keep a duplicate of the same to be available for inspection on
                  demand by Licensing Authority or any other officer authorized by him
                  in this behalf.
           5.     The licensee shall display the opening balance and prices of each of
                  the pulses at a conspicuous place at his business premises before the
                  commencement of business on each day.
           6.     The licensee shall give all the facilities at all reasonable time for
                  inspection of his stock and accounts at any shop/godown or other
                  places and for taking of samples of pulses for examination.
           7.     The licensee shall keep his books of accounts at the business premises
                  specified in the license.
           8.     The licensee shall apply for the renewal of this license not less than 30
                  days before the date on which the license expires and the license shall
                  be attached to an application for renewal of license.
The license shall be valid upto______________

Place_________
Date___________
                                          LICENSING AUTHORITY
FORM “B”II
                           (see clause 5(3)

       The Delhi Pulses (Licensing of Dealers) Order 1974. License for purchase, sale,
storage for sale of pulses as Wholesaler.
License No………………………………

          1.      Subject to the provisions of the Delhi Pulses (Licensing of Dealers)
                  Order,1974, and the terms and conditions as specified
                  below……………………………..is/are                      hereby     authorized  to
                  purchase, sell or store pulses for sale as a wholesaler.
          2.      (a) The licensee shall carry on the aforesaid business in pulses at the
                  following premises only:-

          Office/Shop                                  Godown

          Note: No licensee shall store pulses at any place other than the business
          premises and/or godowns specified above without prior permission in writing
          Of the Licensing Authority recorded in his license.

                    (b)     The Licensee may store his pulses in the warehouse of
                            Central Warehousing Corporation in addition to the
                            godown(s) specified herein above provided intimation to this
                            effect is given to the Licensing Authority within four days of
                            such storage.

               Note: No licensee shall store pulses at any place other than the business
               premises and or godowns specified above without prior permission in
               writing of the Licensing Authority recorded in his Licence.

               Terms and conditions of the license :

               1.     (i)     The licensee shall maintain true and correct accounts for
               each of the pulses in accordance with clause 10 of the Delhi Pulses
               (Licensing of Dealers) Order,1974

                    (a)     The licensee shall submit to the Licensing Authority a true
                            fortnightly return in Form „C‟ in any case not later than 5th
                            day of the following fortnight.

          3.      The licensee shall complete his accounts for each day on the day to
                  which they relates or by the beginning of the business on the following
            day at the latest, unless prevented by reasonable cause, the burden of
            proving which shall be upon him.
       4.   The licensee shall not :-

                           i)      enter into any transaction involving purchase,
                                   sale or storage of pulses in a speculative manner
                                   prejudicial to the maintenance of supply and
                                   easy availability of pulses in the market.
                           ii)     Withhold from sale, stock of p8ulses kept for
                                   sale.

       5.   The licensee shall except when specially exempted by the
            Commissioner in this behalf, issue to every customer cash-memo
            giving his own name, address, licence number and the name and
            address of the customer, the date of transaction , the quantity sold, the
            price per quintal/pack, as the case may be and the total amount
            charged. He shall get signature of the customer on the cash
            memo/invoice and shall keep a duplicate of the same to be available
            for inspection demand by the Licensing authority or any other officer
            authorized by him in this behalf.
       6.   The Licensee shall display the opening balance and prices of each of
            the pulses at a conspicuous place this business premises before the
            commencement of business on each day.
       7.   The licensee shall give all the facilities at all reasonable time for
            inspection of his stock and accounts at any shop/godown or other
            places used by him for storage sale, or purchase of pulses and for the
            taking of samples of pulses for examination.
       8.   The licensee shall keep his books of accounts at the business premises
            specified in the license.
       9.   The licensee shall apply for the renewal of this license not less than 30
            days before the time of which the license expires and the license shall
            be attached to an application for renewal of license.

The license shall be valid upto………………………………………….
PLACE…………………..

DATE…………………….                                 LICENSING AUTHORITY.
                                       FORM „B‟III
                              (see clause 5(3)

The Delhi pulses (Licensing of Dealers) Order,1974, License for purchase sale, storage
for sale of pulses as a retailer.

License No…………………………..

     1.     Subject to the provisions of the Delhi pulses (Licensing of Dealers)
            Order,1974 and the terms and conditions as specified below………….is/are
            hereby authorized to purchase, sell or store pulses for sale as a Retailer.
     2.     (a) The Licensee shall carry on the aforesaid business in pulses at the
            following premises only.

            Office/shop                      Godown
            Note: No licensee shall store pulses at any place other than the business
            premises and/or godowns specified above without prior permission in writing
            of the Licensing Authority recorded in his license.

            (b) the licensee may store his pulses in the warehouse of the Central
                Warehousing Corporation in addition to the godown specified herein
                above provided intimation to this effect is given to the Licensing
                Authority within four days of such storage.
1.          Terms and conditions of the license

     (i)    The licensee shall maintain true and correct accounts for each of the pulses in
            accordance with clause 10 of the Delhi Pulses (Licensing of Dealers) Order
            1974.
     (ii)   The licensee shall submit to the Licensing Authority a true fortnightly return
            in form “C” in any case not later than 5th day of the following fortnight.

     3.     The licensee shall complete his accounts for each day on the day to which
            they relate or by the beginning of the business on the following day at the
            latest unless prevented by reasonable cause, the burden of proving which
            shall be upon him.
     4.     The licensee shall not :

                                  i)      enter into any transaction involving purchase,
                                          sale or storage of pulses in a speculative manner
                                          prejudicial to the maintenance of supply and
                                          easy availability of pulses in the market.
                                  ii)     Withhold from sale, stock of p8ulses kept for
                                          sale.
       10.   The licensee shall        except when specially exempted by the
             Commissioner in this behalf, issue to every customer cash-memo
             giving his own name, address, licence number and the name and
             address of the customer, the date of transaction , the quantity sold, the
             price per quintal/pack, as the case may be and the total amount
             charged. He shall get signature of the customer on the cash
             memo/invoice and shall keep a duplicate of the same to be available
             for inspection demand by the Licensing authority or any other officer
             authorized by him in this behalf.
       11.   The Licensee shall display the opening balance and prices of each of
             the pulses at a conspicuous place this business premises before the
             commencement of business on each day.
       12.   The licensee shall give all the facilities at all reasonable time for
             inspection of his stock and accounts at any shop/godown or other
             places used by him for storage sale, or purchase of pulses and for the
             taking of samples of pulses for examination.
       13.   The licensee shall keep his books of accounts at the business premises
             specified in the license.
       14.   The licensee shall apply for the renewal of this license not less than 30
             days before the time of which the license expires and the license shall
             be attached to an application for renewal of license.

The license shall be valid upto………………………………………….
PLACE…………………..

DATE…………………….                                  LICENSING AUTHORITY.
FORM „C;

The Delhi Pulses (Licensing of Dealers) Order,1974
.
Monthly return of stock, receipts and sales of pulses for the month ending
_____________198

Name of the Licensee_____________________License No.______________________

Address_____________________________________________________

Particulars of godown where stocks are kept_________________________

Particulars of pulses handled during the month__________________________




S.No. variety of opening stock quantities source of quantity closing Remarks
      Pulses     at the begi- purchased supply sold          stock
                 nning of     during the           during    at the
                 The month     month                the month end of
                                                             The month
1.    2.           3.            4.         5.        6.        7.      8.




TOTAL

PLACE
DATE                                    SIGNATURE OF THE LICENSEE


                                        LICENSE NO._______________
(TO BE PUBLISHED IN PART IV OF DELHI GAZETTE EXTRAORDINARY)
                DELHI ADMINISTRATION;DELHI
           (FOOD, SUPPLIES AND CONSUMER AFFAIRS DEP'T.)

                                                                 dated, the 8th August,1989
                              ORDER

        No. F.9(1)/87-F&S(P&C):- In exercise of the powers conferred by section 3 of the
Essential commodities Act, 1955 (10 of 1955), read with the Government of India,
Ministry of Agriculture (Dep't. of Food) GSR 452 (E) dated the 25th October,1972, GSR
168 (E) dated the 13th March, 1973, GSR 800 dated the 9th June,1978 and with the prior
concurrence of the Central Government, the Administrator of the Union territory of Delhi
hereby makes the following Order further to amend the Delhi Pulses (Licensing of
dealers) Order,1974, namely :
                         AMENDMENTS
1.      (1)    This Order may be called the Delhi Pulses (Licensing of Dealers)
(Amendment) order,1989.
        (2)    It shall come into force with immediate effect.
2.                In the Delhi Pulses (Licensing of Dealers) Order,1974, in clause 8, after
sub-clause (1) following provisions shall be inserted, namely :-

„Provided that such restriction shall not apply to the pulses imported under open General
Licence (O.G.L.) subject to the following conditions :
                    (a)      the importer of pulses under O.G.L. shall apply to the
                             Commissioner, Food, Supplies and Consumer Affairs, Delhi
                             for the grant of exemption of excess stock limit of pulses well
                             in advance,
                    (b)      the importer shall inform the Department within twenty four
                             hours of the receipt of such stocks
                    (c)      the importer shall maintain separate account of the pulses
                             imported under O.G.L. as well as indigenous pulses
                    (d)      the importer shall stock the imported and indigenous pulses
                             separately
                    (e)      in the fortnightly return, the importer shall mention the stock
                             of imported pulses separately
                    (f)      such exemption shall be valid for a period of thirty days,
                             from the date of the issue of exemption granted; and
                    (g)      the importer must have wholesaler‟s/Commission agent‟s
                             license.

                                                     By order and in the name of the
                                                     Administrator of the Union
                                                     Territory of Delhi

                                                (RAJ K. SAXENA)
                                           DEPUTY SECRETARY(FOOD,SUPPLIES
                                      & CONSUMER AFFAIRS;DELHI ADMN;DELHI
(TO BE PUBLISHED IN PART IV OF DELHI GAZETTE EXTRAORDINARY)
      GOVERNMENT OF NATIONAL CAPITAL OF DELHI
       FOOD SUPPLIES & CONSUMER AFFAIRS DEP'T
           K.Block: Vikas Bhawan:New Delhi

                                                                         Dated: 5.1.1996
                             ORDER /3683


        No.F.9(1)/87-F&S(P&C)- In exercise of the powers conferred by section 3 of the
Essential commodities Act 1955 (10 of 1955) read with the Government of India,
Ministry of Agriculture (Dep't. of Food) order CSR 452 (E) dated the 25th October,1972,
GSR 168(E) dated the 13th March,1973 and GSR 800 dated the 9th June,1978 and with
the prior concurrence of the Central Government, the Lt.Governor of the National Capital
Territory of Delhi, hereby makes the following order further to amend the Delhi Pulses
(Licensing of Dealers) Order,1974-namely :-

Short Title & Commencement          1.(i) This order may be called the Delhi Pulses
                                    (Licensing of Dealers)(Amendment)Order,95

                                    (ii)It shall come into force with immediate effect

Amendment of clause 8         2. In the Delhi Pulses (Licensing of Dealers) Order,1974,
after the last provision to sub-clause (1) of clause 8 the following provision shall be
inserted namely :

“Provided further that the stock limits referred to above shall not apply to imported
pulses.”



                             By order and in the name of the Lt.Governor,of the
                             National Capital Territory of Delhi


                                                            (RAJ K.SAXENA)
                                        DEPUTY SECRETARY (FOOD & SUPPLIES)
                       DELHI GAZETTE : EXTRAORDINARY                           PART IV

                 (Food, Supplies & Consumer Affairs Department)


                                 ORDERS


                          Delhi,7th April 1993

        No.F-9(1)/87-F&S(P&C)294-In exercise of the powers conferred by section 3 of
the Essential Commodities Act,1955 (10 of 1955) read with the Government of India,
Ministry of Agriculture (Department of Food) GSR 452 (E) dated the 25th October,1972,
GSR 168(E) dated the 13th March 1973 GSR 800 dated the 9th June 1978 and with the
prior concurrence of the Central Government, the Lt.Governor of the National Capital
Territory of Delhi, hereby makes the following order further to amend the Delhi Pulses
(Licensing of Dealers) Order,1974 namely :

                  1.     Short title and commencement
                          (1)      this order may be called the Delhi Pulses (Licensing
                                   of Dealers)(Amendment) Order,1993
                          (2)      It shall come into force with immediate effect.

                  2.     Amendment of clause 8

        In the Delhi Pulses (Licensing of Dealers) Order,1974 under clause 8 ;-
(i)    in sub-clause(1) for the existing figures and words “1000 quintals” and “50
quintals”, the figures and words “2000 quintals” and “50 quintals” shall respectively by
substituted.

								
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