U.P. Sugar (Control) Order, 1966 1. Short title and commencement. 2. Definitions. 3. Restriction on sale of levy sugar. 4. Submission of return. 5. Display of prices. 6. Possession of sugar stocks. 7. Power of entry, search, etc. 8. Use of Identity Cards. 9. Possession of Identity Card. 10. 11. Restriction on the movement of sugar to or within the border area.

The U.P. Sugar (Control) Order, 1966

Published vide Notification U.P. Gazette, (Extraordinary), dated June 30, 1966, page 7, vide Notification No. 6974/29-B-1-5-49, dated June 30, 1966

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Whereas, the State Government is of opinion that it is necessary and expedient so to do, for maintaining the supplies of sugar and for securing its equitable distribution and availability at fair prices.

Now, therefore, in exercise of the powers under Section 3 of the Essential Commodities Act, 1955 (Act No. X of 1955), read with the Government of India, Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food), G.S.R. No. 906, dated June 9, 1966 read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897) and all other powers enabling him in this behalf and in supersession of U.P. Sugar (Control) Order, 1963 published in the U.P. Gazette, (Extraordinary), dated August 31, 1963, and with prior concurrence of the Central Government, the Governor of Uttar Pradesh is pleased to make the following Order:

Short title and commencement.- (1) This Order may be called the U.P. Sugar (Control) Order, 1966.

(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 requires-

(a) "Authorised retailer" means a person appointed as such by the District Magistrate to purchase, sell or distribute [levy sugar] in retail to the consumers;

(b) "bulk consumer" means a person, other than an [authorised dealer] or authorised retailer, to whom an [authorised dealer] sells [levy sugar] at wholesale rate for consumption in his own establishment or undertaking for the purpose of processing any food-stuff;

(c) "District Magistrate" means District Magistrate of the district and includes any officer authorized by him to perform any of the functions under this Order;

(d) "Identify Card" means a card issued by the District Magistrate in this behalf for obtaining [levy sugar] and includes an identity card issued by the District Magistrate or any other officer on his behalf before the date of this Order;

(e) "retail sale" means sale of [levy sugar] in quantities less than one quintal at a time;

(f) [* * *].

(g) "State Government" means the Government of Uttar Pradesh;

(h) "enquiry form" means form attached to this Order and prescribed by the State Government in which a person gives information about the members of his family, income and any other information for the preparation of his identity card for obtaining [levy sugar];

(i) [* * *]

(j) "Household" means all persons, who normally eat food prepared in the same kitchen;

[(k) "levy sugar" means sugar sold by a vacuum-pan sugar factory in pursuance of a direction issued by the Central Government, or by an officer or authority subordinate to the Government empowered in that behalf under Section 5 thereof under clause (f) of sub-section (2) of Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955) for sale through authorised dealers or authorised retailers; and sub-para (1) 'authorised dealers' means a person licensed under the U.P: Sugar and Gur Dealers Licensing Order, 1962, who is authorised by the District Magistrate to sell levy sugar and who has also executed an agreement in this regard.]

[3. Restriction on sale of levy sugar. - (a) No authorised retailer shall sell any sugar other than levy sugar;

(b) No authorised dealer or authorised retailer shall within their respective areas, sell levy sugar at a price higher than that specified by the District Magistrate for sale by wholesale or retail, as the case may be.]

Submission of return.- Every [authorised dealer and authorised retailer]shall-

(i) maintain such accounts and submit such statements and returns and within such time as may, from time to time, be required by the District Magistrate; and

(ii) be personally liable for the correct and timely submission of the statements and returns aforesaid.

Display of prices.- Every [authorised dealer]and authorised retailer shall display prominently the sale price of sugar according to the grades of sugar in stock with him at the entrance to the place of business or as near as possible thereto.
Possession of sugar stocks.- [* * *].
Power of entry, search, etc.- The District Magistrate or any person authorised by the State Government in writing in this behalf may-

(i) inspect or cause to be inspected, or enter or search any premises used or believed to be used for the purchase, sale or storage for sale of sugar; and

(ii) seize or authorise the seizure of any sugar in respect of which he has reason to believe that any provision of this Order has been, is being or is about to contravened.

Use of Identity Cards.- No person shall-

(a) dishonestly prepare, or apply for, or obtain, or use an Identity Card to obtain [levy sugar] in excess of the quantity which he is entitled under orders of the District Magistrate;

(b) wilfully alter or destroy or permit to be altered or destroyed an Identity Card issued to him.

Possession of Identity Card.- (a) Not more than one Identity Card shall be possessed by the members of a household at any time;

(b) [an authorised retailer or authorised dealer] shall not keep in his possession the identity cards of consumers; and

No person shall furnish incorrect information in the enquiry form.

[11. Restriction on the movement of sugar to or within the border area. - No person shall transport, attempt to transport or abet the transport of sugar in quantities exceeding 5 kilograms at a time-

(a) to any place in the border area from any place outside that area; or

(b) from any place in the border area to any place in that area except on a permit given by a District Magistrate

Provided that no such permit would be necessary-

(i) for transport of sugar from sugar factories to a place in the border area by a recognised dealer in pursuace of a valid order for such transport; or

(ii) for transport under and in accordance with Military Credit Notes.

Provided further that no such permit would be necessary for the transport of Khandsari sugar-

(i) within the same town or village in the border area;

(ii) from a village in the border area to the nearest market (Mandi) for purposes of sale in the State of Uttar Pradesh whether such market (Mandi) is within or outside the border area;

(iii) from a place of manufacture or production of Khandsari sugar in the border area to the village of the manufacturer or producer in the border area; and

(iv) to Choharpur Market and therefrom to Chakrata, Saiya or Kalsi in Dehra Dun District from places outside the border area.]