U.P. Fertilizer (Distribution) Order, 1974 1. Short title, extent and commencement. 2. Definitions. 3. Registered dealer not to sell fertilizer without permit. 4. Power of entry, search and seizure.
The U.P. Fertilizer (Distribution) Order, 1974
Published vide Notification U.P. Gazette, (Extraordinary), dated 29th May, 1974, vide Notification No. A-404(5)/12-5-74
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Whereas the State Government is of opinion that it is necessary and expedient so to do for securing the maintenance of supplies essential to the life of the community.
Now, therefore, in exercise of the powers conferred by Rule 114 of the Defence and Internal Security of India Rules, 1971, the Governor is pleased to make the following Order:
- Short title, extent and commencement.- (1) This Order may be called the Uttar Pradesh Fertilizer (Distribution) Order, 1974.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
- Definitions.- In this Order, unless the context otherwise provides -
(a) "Enforcement Officer" means the District Magistrate, Sub-divisional Magistrate, Tehsildar, Naib-Tehsildar, Deputy Director, Agriculture, District Agriculture Officer, and Additional District Agriculture Officer, Block Development Officers, Deputy Registrar, Co-operative Societies, Assistant Registrar, Co-operative Societies, Deputy Cane Commissioner, District Cane Officer or any Police Officer not below the rank of Sub-Inspector within their respective jurisdictions;
(b) "fertilizer" shall have the same meaning as in the Fertilizer (Control) Order, 1957 issued by the Government of India, Ministry of Agriculture under S.R.O. 1391, dated April 23, 1957, as amended from time to time;
(c) "registered dealer" means a person holding a valid certificate of registration granted or deemed to have been granted under the said Fertilizer (Control) Order, 1957.
- Registered dealer not to sell fertilizer without permit.- No registered dealer shall sell or offer for sale or otherwise transfer fertilizer to any person except under and in accordance with a permit issued by the District Magistrate or any officer or person authorised by him in that behalf.
- Power of entry, search and seizure.- Any Enforcement Officer may with a view to securing compliance with this Order or to satisfying himself that this Order has been complied with-
(a) enter with such assistance as may be necessary any premises where he has reason to believe that any fertilizer is stored; or
(b) examine and seize any books of accounts or documents which in the opinion of such officer would be useful for or relevant to any proceedings in respect of any contravention of this Order and return such books of accounts and documents to the person from whom they were seized after copies thereof or extracts therefrom, certified under his hand, have been taken; or
(c) search any premises, vehicle or vessel and seize fertilizer in respect of which he has reason to believe that a contravention of this Order has been, is being or is about to be committed and thereafter take or authorise the taking of all measures necessary for securing the production of stock so seized in court and their safe custody pending such production.
