Bihar Rice & Paddy Procurement (Levy) Order, 2006

Bihar Rice & Paddy Procurement (Levy) Order, 2006 1. Short title, extent and commencement. 2. Definitions. 3. Levy on Rice Produced in a Rice Mill. 4. Levy Rice in conformity with uniform specifications. 5. Delivery of Levy Rice. 6. Payment of Levy Rice to the millers. 7. Duty to comply with order or direction. 8. Maintenance of Register & Report. 9. Periodical verification of the Stock with the miller. 10. Power of entry search seizure etc. 11. 12. Power to Exempt. 13. Nothing in this Order shall apply to. 14. Penalties. 15. Repeal of the previous Order.

Published vide Notification Memo No. 3289, dated 11.10.2006

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Whereas, the Governor of Bihar, is satisfied that it is necessary and expedient for him to issue an order for maintaining the supplies of rice and for securing its equitable distribution and availability at Fair Price.

Therefore, in exercise of the power conferred by Section 3 of the Essential Commodities Act, 1955 (Act-10 of 1955) read with the Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food & Public Distribution Notification No. G.S.R. 490 (E) dated 16th June, 03 with the prior concurrence of Government of India as mentioned in the said notification, the Governor of Bihar is pleased to introduce the following Order:-

  1. Short title, extent and commencement.- (1) This Order may be called the Bihar Rice & Paddy Procurement (Levy) Order, 2006.

(2) It shall extend to the whole of the State of Bihar.

(3) It shall come into force with dated 01.11.06 for the Kharif Marketing Season, 2006-07.

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

(a) "Collector" means in relation to a district, the District Magistrate and includes such other officers of the Government posted in the district as may be authorised by the State Government to perform all or any of the functions of the Collector under this order.

(b) "Custom Mill" means such rice mill where paddy has been changed into rice on payment of milling of paddy charges in cash or in kinds.

(c) "Enforcement Officer" means and includes the Deputy Director (Food), District Magistrate, Additional District Magistrate (Supply), Additional Collector, Special Officer incharge Rationing, Deputy Rationing Officer, Assistant Rationing Officer, Sub-Divisional Magistrate, District Supply Officer, Assistant District Supply Officer, Block Supply Officer, Marketing Officer, Supply Inspector, Block Development Officer, Circle Officer, Food Commissioner/ Secretary, Additional/ Joint/ Deputy/ Under Secretary, (Food, Supply & Commerce Department), Secretary to Food Commissioner. Deputy Inspector General of Police (Food), Superintendent of Police (Food), Deputy Superintendent of Police (Food) and any Police Officer not below the ranks of Inspector.

(d) "Food Corporation" means Food Corporation of India established under Section-3 of the Food Corporation Act, 1964 (Act-37 of 1964)

(e) "Government" means the State Government of Bihar.

(f) "Miller" means the owner of rice mill engaged in milling of paddy and production of rice.

(g) "Paddy" means paddy of the varieties described on Schedule-I.

(h) "Rice" means rice of the the varieties described on Schedule-II.

(i) "Procurement Price" means the minimum support price fixed by the Government of India for different varieties of Paddy and commodity of rice in Schedules III & IV respectively.

(j) "Rice Mill" means the plant machinery with which and the premises including the presents thereof in which or any part of which where rice milling operation is carried on.

(k) "Schedule" means a schedule appended to this order.

(l) "Uniform Specification" means confirmation to the specifications as per Schedules I & II for paddy & rice respectively.

(m) "State Agent" means Food Corporation of India & Bihar State Food and Civil Supplies Corporation or State Food Corporation.

  1. Levy on Rice Produced in a Rice Mill.- (a) Every miller shall sell 40% of the quantity of rice produced or manufactured out of paddy received by him/her on Minimum Support Price to Food Corporation of India within the prescribed limit as per Schedule-IV in any rice mill from the date of commencement of this Order.

(b) Every small Hallers & Sellers may sell 100 quintal rice to Food Corporation of India out of paddy purchased on Minimum Support Price from farmers during the Kharif Marketing Season.

(c) Each variety of rice conforming to specification purchased or otherwise acquired & milled by him for the purpose of sale from persons other than a miller.

  1. Levy Rice in conformity with uniform specifications.- (a) The rice required to be sold to the State Agent shall be in conformity with the uniform specifications of rice as per Schedule-II of this order.

(b) In case any stock of rice offered for sale by the millers does not conform to the uniform specifications as laid down in Schedule II it shall be reconditioned or rectified by the miller at his/her own cost and risk so as to bring it in conformity with uniform specifications.

  1. Delivery of Levy Rice.- (a) The levy rice required to he sold to the State Agent (FCI) by millers as levy will deliver in 50 kg. bags.

(b) Miller not to remove or sell stock of rice/paddy without delivering or selling apart levy:-Miller shall not remove or sell or transport rice/ paddy from one place to another unless he/she has delivered or set apart the quantity of rice/paddy demanded or payable on the basis of his stock.

  1. Payment of Levy Rice to the millers.- State Purchasing Agency (FCI) shall pay the cost including all costs of levy rice to millers of rice within 5 days.
  2. Duty to comply with order or direction.- Every miller shall perform his duties issued under this order.
  3. Maintenance of Register & Report.- (i) Every miller shall maintain a register indicating the quantity of paddy purchased, milled and rice delivered under levy on each day.

(ii) The miller shall furnish report, return to concerned District Magistrate.

  1. Periodical verification of the Stock with the miller.- The Collector/D.M. and Officers of the Food, Supply & Commerce Department Government of Bihar and as may be authorised by the Collector/D.M. or Food, Supply & Commerce Department not below the rank of Inspector verify the stock of rice in the rice mill.
  2. Power of entry search seizure etc.- (a) The Collector/District Magistrate and Officers of the Food, Supply & Commerce Department and as may be authorised by the Collector/ D.M. or Food, Supply and Commerce Department not below the rank of Inspector or any Police Officer not below the rank of a Sub-Inspector may with a view to securing compliance with this order or to satisfy Enforcement Officer that this order has been complied with the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to search and seizure shall so far as may apply to searches and seizures under this clause.

(b) Seizure of Stock in case of non-delivery of rice/paddy under levy.- Where the Collector or an Officer authorised by the Collector or the State Government, is satisfied that any miller has refused or is evading to deliver to the State Government, or the State Agent at his business premises the quantity of rice/paddy due as levy under this order, it shall be lawful for him to order seizure of the entire quantity of stock found within his/her premises.

  1. The Collectors of the Districts will be personally responsible for monitoring procurement from the Millers and ensure that the payment of Minimum Support Price shall be available to the farmers and they shall take such action by which recycling of subsidised rice may be prevented.
  2. Power to Exempt.- (a) The State Government may in public interest exempt any area from levy or reduce quantum of levy with the prior concurrence of the Central Government

(b) The State Government, may in public interest exempt any class or person from levy or other provisions of this Order with the prior concurrence of the Central Government

  1. Nothing in this Order shall apply to.-

(i) Any other State Government, or the Central Government and

(ii) The Food Corporation of India.

  1. Penalties.- Whoever contravenes the any provisions which is under paras 3, 5, 7 & 8 of this Order shall be punishable under Section-7 of the Essential Commodities Act, 1955 (Act 10 of 1955).
  2. Repeal of the previous Order.- The Bihar Rice and Paddy Procurement (Levy) Order, 2005 is hereby repealed.

Schedule-I

Uniform Specification of All Varieties of Paddy

(Kharif Marketing Season 2006-07)

Paddy shall be in sound merchantable condition dry, clean, wholesome of good food value, uniform in colour and size of grains and free from moulds, weevils obnoxious smell, Argemone, Mexicana, Lathyrus, Sativus (Khesari) and admixture of deleterious substances.

Paddy will be classified into Grade 'A' and Common Groups.

Schedule of Specification

Sl. No. Refractions Maximum Limits (%)
1. Foreign matter
(a) Inorganic 1.0
(b) Organic 1.0
2. Damaged, discoloured, sprouted and weevilled grains 3.0
3. Immature, Shrunken and Shrivelled grains 3.0
4. Admixture of lower class 7.0
5. Moisture 17.0

Note. - (i) The definitions of the above refractions and method of analysis are to be followed as per BIS method of analysis of food grains IS : 4333 (Part-I), 1996 IS :4333 (Part-II), 2002 and Terminology for food grains IS: 2813-1970, as amended from time to time.

(ii) The method of sampling is to be followed as per BIS method for sampling of cereals and pulses no. IS: 14818-2000.

(iii) Within the over all limit of 1.0% for organic foreign matters, poisonous seeds shall not exceed 0.5% of which Dhatura and Akra seeds (Vicia species) not to exceed 0.025% and 0.2% respectively

Schedule-II

Uniform Specification For Grade 'A' & Common Rice

(Kharif Marketing Season 2006-07)

Rice shall be in sound merchantable condition, sweet, dry, clean, wholesome of good food value, uniform in colour and size of grains and free from moulds, weevils, obnoxious smell, admixture of unwholesome poisonous substances, Argemone mexicana and Lathyrus sativus (Kesari) in any form, or colouring agents and all impurities except to the extent in the schedule below. It shall also conform to PFA Standards.

Schedule of Specification

Sl. No. Refractions Maximum Limit (%)
Grade 'A' Common
1. Brokens*
Raw 25.0 25.0
Parboiled 16.0 16.0
2. Foreign Matter**
Raw/Parboiled 0.5 0.5
3. Damaged/Slightly Damaged
Raw 2.0# 2.0#
Parboiled 4.0 4.0
4. Discoloured Grains
Raw 3.0 3.0
Parboiled 5.0 5.0
5. Chalky Grains
Raw 5.0 5.0
6. Red Grains
Raw/Parboiled 3.0 3.0
7. Admixture of lower class
Raw/Parboiled 8.0 -
8. Dehusked Grains
Raw/Parboiled 12.0 12.0
9. Moisture content***
Raw/Parboiled 14.0 14.0

* Including 1% small brokens.

** Not more than 0.25% by weight shall be mineral matter and not more than 0.10% by weight shall be impurities of animal origin.

*** Rice (both Raw and Parboiled) can be procured with moisture content upto a maximum limit of 15% with value cut. There will be no value cut up to 14% Between 14% to 15% moisture, value cut will be applicable at the rate of full value.

# Rice having incidence of pin point damage to the extent of 1% over & above 2%. Damage/Slightly Damage grains may be accepted without any value cut.

Notes Applicable to the Specification of Grade 'A' and Common Varieties of Rice

  1. The definition of the above refractions and method of analysis are to be followed as given in Bureau of Indian Standard "Method of analysis of Foodgrains" No's IS: 4333 (Part-I), 1996 and IS: 4333 (Part-II), 2002 "Terminofogy for Foodgrains" IS; 2813-1995 as amended from time to time. Dehusked grains are rice kernels whole or broken which have more than ¼th of the surface area of the kernel covered with the bran and determined as follows:-

Analysis Procedure :- Take 5 grams of rice (sound head rice and broken) in a petri dish (80X70 mm). Dip the grains in about 20 ml. of Methylene Blue solution (0.05% by weight in distilled water) and allow standing for about one minute. Decant the Methylene Blue solution. Give a swirl wash with about 20 ml. of dilute hydrochloric acid (5% solution by volume in distilled water). Give a swirl wash with water and pour about 20 ml. of Metanil Yellow solution (0.05% by weight in distilled water) on the blue stained grains and allow standing for about one minute. Decant the effluent and wash with fresh water twice. Keep the stained grains under fresh water and count the dehusked grains. Count the total number of grains in 5 grams of sample under analysis.Three brokens are counted as one whole grain. Calculations:

Percentage of Dehusked grains  = N x 100

W

Where N = Number of dehusked grains in 5 grams of sample

W = Total grains in 5 grams of sample.

  1. The method of samplings is to be followed as given in Bureau of Indian Standard Method of sampling of Cereals and Pulses No. IS : 14818-2000.
  2. Brokens less than ⅛th of the size of full kernels will be treated as organic foreign matter. For determination of the size of the brokens average length of the principal class of rice should be taken into account.
  3. Inorganic foreign matter shall not exceed 0.25% in any lot, if it is more, the stocks should be cleaned and brought within the limit. Kernels or pieces of kernels having mud sticking on surface of rice shall be treated as Inorganic foreign matter.
  4. In case of rice prepared by pressure parboiling technique, it will be ensured that correct process of parboiling is adopted i.e. pressure applied, the time for which pressure is applied, proper gelatinisation, aeration and drying before milling are adequate so that the colour and cooking time of parboiled rice are good and free from encrustation of the grains.

Schedule-III

Procurement Price of Paddy (Kharif Marketing Season 2006-07)

Sl. No. Variety of Paddy Rate (Rs. Per quintal)
1. Common 580/-
2. Grade "A" 610/-

(With the incentive bonus of Rs. 40.00 per quintal as per decision of the Government, of India)

Schedule-IV

Rates of Levy Rice (Kharif Marketing Season 2006-07).

Rates of Levy Rice will be as per fixation of the Government, of India.

Schedule-V

Percentage of Extractions of Rice from Paddy.

Variety & Types of Rice The Entire Area of Bihar
All groups of rice 1. Raw-67%
2. Par-Boiled-68%
(After refraction)