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Tripura Declaration of Foodgrains Order, 1979

Tripura Declaration of Foodgrains Order, 1979 1. Short title, extent and commencement. 2. Definitions. 3. Filing of declaration. 4. Power of entry, search, seizure, etc. 5. Repeal and savings.

Tripura Declaration of Foodgrains Order, 1979

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In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the Order of the Government of India, in the Ministry of Food and (Agriculture (Department of Food) No. GSR 800, dated 9th June, 1978, the State Government hereby makes the following Order, namely :

  1. Short title, extent and commencement.- (i) This Order may be called the Tripura Declaration of Foodgrains Order, 1979.

(ii) It extends to the whole of the State of Tripura.

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

  1. Definitions.- In this Order-

(a) "Foodgrains" means rice or paddy.

(b) "Producer" means a person who grown paddy on land cultivated by himself with or without aid of members of his family or by labourers or by Adhiars, Bargadars or Bhagdars ;

(c) "Sub-divisional Officers" means the officer-in-charge of the revenue sub-divisions for the purpose of general administration, or any other person authorised by the State Government to act as Sub-divisional Officer for the purpose of this Order.

  1. Filing of declaration.- Every producer having more than 10 acres of cultivable paddy land in his possession shall file a declaration in the Form given in the Schedule to this Order showing the stock of foodgrains in his possession as on 15th December and 15th June every year, before the Sub-divisional Officer within the limits of whose local jurisdiction such producer hold his stock of foodgrains. Such declaration shall be filed within 15 days from the date to which it relates.
  2. Power of entry, search, seizure, etc.- (1) The Sub-Divisional Officer or any officer in the Food and Civil Supplies Department not below the rank of Inspector or any Circle Officer/Revenue Inspector authorised by the Sub-divisional Officer any Police Officer not below the rank of Sub-Inspector may, with a view to securing compliance with this Order or satisfying himself that this order has been complied with-

(a) inspect or cause to be inspected any books or documents or accounts as well as any stock of foodgrains belonging to or under control of any person;

(b) requires any person to give any information in his possession with respect to any purchase, sale or storage of foodgrains ;

(c) stop and search forthwith, with such aid or assistance as may be necessary, any person or vehicle, or vessel or animal used or suspected of being used for delivery of foodgrains to and from a godown or other premises, where he has reason to believe that foodgrains are stored.

(d) enter and search, with such aid or assistance as may be necessary, any such godown or other premises ; and

(e) seize and remove, with such aid or assistance as may be necessary, the entire quantity or any stock of foodgrains alongwith the containers, coverings or receptacles in which such stock is found and the animals, vehicles, vessels or other conveyance used in carrying such stock, if he has reason to suspect that any provision of this Order has been, is being or is about to be contravened in respect of such stock or any part thereof or in respect of any other stock of foodgrains which immediately before the contravention was stored or possessed alongwith such stocks : and thereafter take or authorise the taking of all measures necessary for securing the production of the stock of foodgrains, coverings, receptacles, animals, vehicles, vessels or other conveyances so seized in a court of law and for their safe custody pending such production :

Provided that in exercising the powers under this sub-paragraph due regard shall be paid to the social and religious customs of the inmates or occupants of the premises.

(2) The provisions of Sections 100 and 102 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall so far as may be apply to searches and seizures under this paragraph.

  1. Repeal and savings.- (1) The Tripura Declaration of Foodgrains Order, 1966 (hereinafter referred to as the said Order) is hereby repealed.

(2) Notwithstanding such repeal, unless a different intention appears, the repeal shall not-

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of the said Order so repealed or anything duly done or saved thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Order ; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Order ; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as and such investigation, legal proceeding, remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing of the said Order has not been passed.

Schedule

Form of Declaration

To

The Sub-divisional Officer, ..............Sub-Division.

  1. Applicant's name (If the application is made on behalf of a corporate body the applicant's position vis-a-visthat body be specifically stated. If the application is in respect of partnership firm insert the name of the firm and state names of the persons, who are partners. If the application is in respect of particular property held by joint proprietors or by the joint family, insert the names of all such proprietors or the karta of the joint family).......
  2. Applicant's father's name...........
  3. Applicant's address in full.........
  4. Details of premises where it is proposed to store the foodgrains with particulars as to village and police station.......
  5. Quantities of foodgrains stored-

Rice.......

Paddy.............

  1. Particulars of applicant's land under cultivation.

Mauza....................KhatianNo..........

Dag No....................................

Thana................

Area..............

Total area cultivated with the aid of Adhiars, Bargadars and Bhagdars.....................

  1. Approximate quantity of foodgrains produced by the applicant in his entire land...............
  2. Approximate quantity due to Adhiars, Bargadars and Bhagdars...................
  3. Number of members in applicant's family and agricultural labourers to whom meals are supplied by the applicant................

Applicant's Signature.