The Meghalaya Wheat & Wheat Products [Wholesale Dealers Licensing] Order, 1975 Complete Act - Bare Act

NO. SUP. 71 / 74 / 32, dated 04th November, 1975. In exercise of the Power conferred by Section

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3, of the Essential Commodities Act, 1955, [10 of 1955] read with the Notification of the Govt. of India in the Ministry of Agriculture (Department of Food) NO. GSR. 316, dated the 20/06/1972 and with the prior concurrence of the Central Govt., the Govt. of Meghalaya hereby makes the following Order namely:-

(1) This Order may be called the Meghalaya Wheat and Wheat Products [Wholesale] Dealers' Licensing Order, 1975.

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

(3) It shall come into force with immediate effect.

In this Order, unless the context otherwise requires:-

(a) "Director" means the Director of Supply and Trade, Meghalaya, Shillong.

(b) "Deputy Commissioner" includes the Additional Deputy Commissioner and the Sub

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Divisional Officer within the respective jurisdiction.

(c) "Form" means a Form Appended to this Order.

(d) "Licensing Authority" means the Director of Supply and Trade, the Deputy Commissioner and the Sub

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Divisional Officer in their respective jurisdiction and any other Officer appointed by the State Government to exercise the Powers and perform the duties of the Licensing Authority under this Order.

(e) "Wheat" means any variety of Wheat including imported variety and Split Wheat;

(f) "Wheat Products" means Wholemeal Atta, resultant Atta, Maida, Suji or Rawa;

(g) "Wholesale Dealer" means a Person engaged in the business of purchase sale or storage for sale of Wheat Products or a Person who owns or Incharge of a Roller Flour Mill / Chakki Mill, who purchases at any one time Wheat for crushing into Wheat Products meant for sale of 10 (ten) quintals or more which includes stocks in the Godown stocks at the place of business and stocks in transit and does not include the Food Corporation of India or the Person who stores any Wheat produced by him by personal cultivation and does not engaged in the business of purchase or sale of Wheat and Wheat products.

Explanation

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For the purpose of this Clause, any Person who stores Wheat and or Wheat Products in quantity of 10 (ten) quintals or more at any one time, shall unless the contrary is proved be deemed to be carrying on business as a Wholesale Dealer.

(1) No Person shall carry on any business as a Wholesale Dealer except under and in accordance with the terms and conditions of a Licence issued in this behalf by the Licensing Authority.

(1) Every Application for a Licence or Renewal thereof shall be made to the Licensing

Authority in Form

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"A".

(2) Every License issued or Renewed under this order shall be in Form

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"B".

05. The Licence shall not keep in stock at any time Wheat and Wheat Products in excess of 1,000 quintals at a time provided that storage of Wheat and Wheat Products by Licensees who handle and Wheat Products on behalf of Govt. may be authorised to stock Wheat and Wheat Products in the manner deemed necessary by the Licensing Authority in their jurisdiction.

(1) Every Licence granted under this Order shall be valid for the period ending within the 31st December, of the year in which it is issued and may be renewed for a period of one year at a time.

(2) The Fees specified below shall be chargeable in respect of each Licence, namely:-

(a) For Issue of Licence.

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Rs. 10/

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(b) For Renewal of Licence.

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Rs. 8/

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(c) For Issue a Duplicate Licence.

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Rs. 20/

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(3) A separate Licence shall be obtained by a Wholesale Dealer for each place of business

Every Dealer before a Licence is issued to him shall deposit with the Licensing Authority, security of the value of Rs. 500, if his annual turnover in respect of Wheat and / or Wheat Products is Rs. 50,000 or more of Rs. 200, if such annual turnover is less than Rs. 50,000 for the due performance of the conditions subject to which the Licence is granted to him. The amount of security to be deposited may be in the Form of Cash, Bank Guarantee, national Saving Certificate or Saving Bank Deposit.

The Licensing Authority may, after giving the Applicant concerned an opportunity of being heard and for reasons to recorded in writing, refuse to grant or renew a Licence.

No holder of a Licence issued under this Order or his Agent or Servant or any Persons acting on his behalf shall contravene any of terms and conditions of the Licence and if any such holder or his Agent or Servant or any other Person acting on his behalf contravenes any of the said terms or conditions, them, without prejudice to any other action that may be taken against him, his Licence may be cancelled or suspended by Order in writing of the Licensing Authority.

Provided that no Order shall be made under this Clause unless the Licensee has been given a reasonable opportunity of being heard.

(1) Without prejudice to the Provisions of Clause

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9, if Licensing Authority is satisfied that the Licensee has contravened any of the conditions of the Licence and that a forfeiture of the security is called for, it may, after giving the Licensee a reasonable opportunity is called for, it may, after giving the Licensee a reasonable opportunity of being heard, 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

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7, forthwith deposit further security to make up that amount on being required by the Licensing Authority to do so.

(3) Upon due compliance by the Licensee with all obligations under the Licence, the amount of security of such part thereof which is not forfeited as aforesaid, shall be returned to the Licensee after the termination or cancellation of the Licence.

(1) Any Person aggrieved by any Order of the Licensing Authority refusing to grant or renew a Licence or cancelling or suspending Licence or forfeiting the Security Deposited by the Licensee under the provision of this Order may appeal to the Director and an appeal against the Order of the Director shall lie to the Govt. Such appeal shall be filed within 30 (thirty) days of the date of the receipt of communication of the Order.

(2) No Order shall be made under this Clause unless the aggrieved Person has been given a reasonable opportunity of being heard.

(3) Pending the disposal of an appeal, the Appellate Authority may direct that the Order refusing to renew a Licence or the other cancelling or suspending a Licence shall not take effect until the appeal is disposed of.

(1) The Licensing Authority or any other Officer Authorised by the State Govt. in this behalf may, with a view to securing compliance with this Order or to satisfying himself that the provisions of this order have not been contravene:-

(a) require the Owner, occupier or any other Person in charge of any place, premises, vehicle, or vessel in which he has reason to believe that any contravention of the provision of this Order or of the conditions of any License issued thereunder has been, is being, or is about to be committed, to produce any Book, Accounts or other documents showing transactions relating to such contraventions and take or cause to be taken, extracts from or copies of such Book, Accounts or other documents produced before him.

(b) enter, inspect or break open and search any place or premises, vehicles or vessel in which he has reason to believe that any contravention of the provisions of this order or the conditions of any Licence issued there under, has been, is being, or is about to be committed.

(c) search, seize and remove stocks of Wheat and Wheat Products and the Animals, Vehicles, vessels, or other conveyance used in carrying the said Wheat and Wheat Products in contravention of the provisions of this Order, or of the conditions of the Licences issued thereunder and thereafter take or authorise, the taking of all measures necessary.

(i) For securing the production of stocks of Wheat and Wheat Products so seized before the Deputy Commissioner as required by Section

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6 A or in a Court; and

(ii) For securing the production of the Animals, Vehicles, vessels or other conveyances so seized in a Court, and for their safe custody pending such production.

2. The Provisions of Section

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100 of the Code of Criminal Procedure, 1973, [Central Act

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2 of 1974] relating to search and seizure shall, so far as may be, apply to searches and seizure under this Clause.

Notwithstanding anything contained in this Order the State Govt. may at any time call for and examine any record of any proceeding of Orders of any authority under this Order for purposes of examining its propriety or legality and may pass such Orders thereof as it considers necessary.

Provided that no order shall be passed by the State Govt. to the prejudice of any Person without giving such Person opportunity of being heard.

Place ____________ ,

Date __________ ,

Signature of Applicant / Firm / Company.

Licence No. ::

Place _________________ ,

Date __________ day of _______ .

Licensing Authority

Place ______________ ,

Dated, Shillong, the __________ 20 .

Signature.

Dealers' Stamp and Licence No.

To,

1. The Licensing Authority,

2. _________________ .