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Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs Order, 2016

The Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs Order, 2016

Published vide Notification No. G.S.R. 929(E), dated 29th September, 2016

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Ministry of Consumer Affairs, Food and Public Distribution

(Department of Consumer Affairs)

Order

G.S.R. 929(E). - In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the Removal of (Licensing requirements, Stock limits and Movement Restrictions) on specified Foodstuffs Order, 2002, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following order, namely :-

  1. Short title and commencement.- (1) This Order may be called the Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs Order, 2016.

(2) It shall come into force with effect from the 1st day of October, 2016.

  1. Definitions.- In this Order, unless the context otherwise requires, -

(a) "Act" means the Essential Commodities Act, 1955 (10 of 1955);

(b) "Central Government" means the Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs;

(c) "dealer" means any person engaged in the business of purchase, movement, sale, supply, distribution or storage for any of the commodities specified in clause 3, whether as a wholesaler or retailer or producer or manufacturer or importer or exporter and whether or not in conjunction with any other business, and includes his representative or agent but does not include a producer or manufacturer or importer or exporter of sugar; and

(d) "State Government", in relation to a Union territory, means the administrator thereof.

  1. Removal of licensing requirements, stock limits and movement restrictions on certain foodstuffs.- (1) Any dealer may freely buy, stock, sell, transport, distribute, dispose, acquire, use or consume, any quantity of wheat, wheat products (namely maida, rava, suji, atta, resultant atta and bran) paddy, rice, coarsegrains, sugar, gur, edible oilseeds, edible oils, pulses, hydrogenated vegetable oils or vanaspati, onions and potato and shall not require a permit or license therefor, under any order issued under the Act, save as otherwise provided under this clause.

(2) The provisions of sub-clause (1) shall, in respect of the purchase, movement, sale, supply, distribution or storage for sale of these commodities, not apply to --

(i) pulses, for a period up to 30th September, 2017;

[(ii) sugar, for a period up to 28 th April, 2018];

[(iii) ***]

[(iv) Onion, for a period up to the [31st March, 2018.]]

Provided that the Central Government or the State Government may direct the importers to declare the receipts of stocks of edible oils and edible oilseeds and stocks retained by them.

(3) Nothing contained in sub-clause (2) shall affect the transport, distribution or disposal of sugar, edible oils and edible oilseeds to places outside the State.

  1. Effect of this order in certain cases.- The provisions of this Order shall have effect notwithstanding any order issued by the State Government under the powers delegated to it vide notification of the Government of India in the then Ministry of Agriculture (Department of Food) number G.S.R. 800, dated the 17thJune, 1978 and the State Government shall obtain prior approval of the Central Government for issuing of any order for the purposes of regulating by licenses, permit or otherwise, the storage, transport, distribution, disposal, acquisition, use or consumption of any of the commodities specified in clause 3:

Provided that nothing contained in this Order shall affect the operation of -

(i) the Public Distribution System (Control) Order, 2001 issued by the Central Government or any order of the State Government issued in pursuance thereof;

(ii) the orders for levy from the millers or traders of paddy or rice issued by the State Government for the purposes of procurement of rice, in pursuance of the powers delegated to it by the Central Government under section 3 of the Act.