Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com FOODGRAINS (LICENSING AND PROCUREMENT) ORDER, 1952 CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- LICENSING OF DEALERS IN FOODGRAINS 3. Prohibition to deal in foodgrains except under licence 4. Forms of licence 5. Matters to be taken into consideration for granting or refusing a licence under this Order 6. Application for licence 7. Period of licence 7A. Duplicate licence 8. Fee for licence 9. Contravention of conditions of licence CHAPTER 3 :- PROCUREMENT OF FOODGRAINS 10. Power to procure foodgrains CHAPTER 4 :- MISCELLANEOUS 11. Power to call for information 12. Power to seize foodgrains 13. Power to enter and search premises SCHEDULE 1 :- THE SCHEDULE FOODGRAINS (LICENSING AND PROCUREMENT) ORDER, 1952 FOODGRAINS (LICENSING AND PROCUREMENT) ORDER, 1952 CHAPTER 1 PRELIMINARY 1. Short title, extent and commencement :- (1) This Order may be called the Foodgrains (Licensing and Procurement) Order, 1952. (2) It extends to the whole of India, except the State of Jammu and Kashmir. (3) It shall come into force in any Stale or part thereof on such dale 1[and in respect of such foodgrains] as the Central Government may by notification in the Official Gazette specify 23 [and different dales may be appointed for different provisions of this Order]. 1. Vide S. R. O. 2552, dated the 5th August, 1954, published in the Gazette of India, Pt. II, Sec. 3, No. 32, dated the 7th August, 1954. 2. Vide S. R. O. 598, , dated the 28th March, 1953, published in the Gazette of India, Pt. II, Sec. 3, No. 379, dated the 4th April, 1953.. 3. Vide S.R. O. 2257 dated the 4th December 1953. 2. Definitions :- In this Order,- (a) "dealer" means a person carrying on, either personally or through any other person, the business of selling or purchasing any foodgrains, whether wholesale or retail; (b) "foodgrains" specified in the Schedule to this Order. CHAPTER 2 LICENSING OF DEALERS IN FOODGRAINS 3. Prohibition to deal in foodgrains except under licence :- (1) No person shall engage in any business which involves the purchase, sale, or storage for sale, of any foodgrains except under and in accordance with a licence issued by the State Government or by any officer authorised in this behalf by the State Government. (2) For the purpose of this clause, any person who stores any foodgrains in quantity exceeding 1[fifty] maunds shall, unless the contrary is proved, be deemed to store the foodgrains for the purposes of sale : Provided that any officer authorised by the State Government in this behalf may, by general or special order, exempt 2[for the reasons to be recorded in writing] any dealer or class of dealers from the operation of this clause, subject to such direction in regard to purchase. sale or storage for sale of foodgrains as may be specified in the Order : Provided further that any officer authorised by the State Government in this behalf may, by general or special order, exempt 2[for the reasons to be recorded in writing] any person other than a dealer 2[or any class of persons other than a class of dealers] from the operation of this clause, subject to such condition as may be specified in the order. 5 [(3) Where any dealer or person is exempted under sub-clause (2) from the operation of this clause, there shall be issued to him an exemption certificate in such form as the Slate Government may prescribe.] 1. Word "fifteen" has been replaced by the present word "fifty", vide S. R. O. 2324, dated the 14th July, 1954, published in the Gazette of India, Extraordinary, Pt. II, Sec. 3, dated the 14th July, 1954. 2. Vide S. R. O. 2552, dated the 5th August, 1954, published in the Gazette of India, Pt. II, Sec. 3, No. 32, dated the 7th August, 1954. 5. Vide S. R. O. 598, , dated the 28th March, 1953, published in the Gazette of India, Pt. II, Sec. 3, No. 379, dated the 4th April, 1953.. 4. Forms of licence :- Licences issued under this Order shall be in such form as may be prescribed by the Stale Government, but every licence for sale of foodgrains shall specify- (a) the foodgrains in respect of which it is issued ; (b) the place or places at which the licensee may sell and the place or places at which he may store the foodgrains specified in the licence : 1 [Provided that if the form of licence so prescribed is amended after the issue of a licence to any person, such amendment shall be deemed to have been made also in the licence so issued to him from the date of the publication of the amendment in the Slate Government Gazette, and the licensee shall comply with the conditions of the licence as so amended.] 1. Vide S.R. O. 2257 dated the 4th December 1953. 5. Matters to be taken into consideration for granting or refusing a licence under this Order :- T h e authority competent to grant a licence shall, among other matters, have regard to the following, namely,- (a) the stock of foodgrains available in the locality for which the licence is required; (b) the number of other persons who have applied for licences in respect of the foodgrains for which the application is made, or have been granted licences in respect of such foodgrains under this Order in the locality ; (c) the business ortdinarily carried on by the applicant. 6. Application for licence :- An application for a licence shall be made in such form as may be prescribed by the Stale Government and shall be addressed to such officer as may be specified in this behalf by the State Government. 7. Period of licence :- Every licence granted under this Order shall be valid for a period of one year and may be renewed from year to year. 7A. Duplicate licence :- Where the authority granting a licence under the order is satisfied that the licence is lost, destroyed or mutilated, such authority may issue a duplicate licence.] 8. Fee for licence :- Such fee as may be prescribed by the State Government shall be levied in respect of every licence granted under this Order and for every renewal thereof and in respect of every exemption certificate issued under this Order and in respect of the issue of a duplicate licence: Provided that the State Government may, for reasons to be recorded, exempt any person or class of persons from the payment of any fee under this clause. 9. Contravention of conditions of licence :- (1) No person holding a licence under this Order shall contravene any of the conditions of the licence and if any such person contravenes any of the said conditions, then, without prejudice to any other action that may be taken against him, his licence may be cancelled or suspended by order of the Stale Government or by an officer authorised by the Stale Government in this behalf. (2) Notwithstanding anything contained in sub-clause (1) the State Government 1[or an officer authorised by the State Government] may in any special circumstances, 2[ * * * ] suspend or cancel a licence issued under this Order: 3 [Provided that before any licence is suspended or cancelled under this clause the licensee shall be given a reasonable opportunity of being heard.] 1. Vide S. R. O. 597, dated the 19th March, 1953, published in the Gazette of India, Pt .II, Sec. 3, p. 379, dated the 4th April, 1953. 2. Words "without giving any previous notice" have been omitted, vide S. R. 0. 1046, dated the 29th May, 1953, published in the Gazette of India, Pt. II, Sec. 3, p. 813, dated the 6th June, 1953. 3. Added by vide S. R. 0. 1046. CHAPTER 3 PROCUREMENT OF FOODGRAINS 10. Power to procure foodgrains :- If it appears to the Slate Government or to any officer authorised by it in this behalf that for the purpose of maintaining or increasing t h e supplies of any foodgrains or for securing their equitable distribution and availability at fair prices it is necessary or expedient so to do, it or he may, by order in writing, require any person holding stock of such foodgrains to sell the whole or a specified part of the stock at such price and to such person or class of persons or in such circumstances, as may be specified in the order : Provided that the price specified in any such order shall in no case exceed the procurement price at which the foodgrains could have been purchased from that person- (a) under any order made under the Essential Supplies (Temporary Powers) Act, (b) where after the said date any other order has been made under the said Act in the area fixing the procurement price at which the foodgrains could be purchased from that person, then, under any such order in force in the area immediately before the issue of the order under this clause, plus a further sum not exceeding 10 per cent. of the procurement price in either case. CHAPTER 4 MISCELLANEOUS 11. Power to call for information :- The State Government or any officer authorised by it in this behalf may, by general or special order, require any banking company to furnish such information as may be specified in the order relating to any financial assistance granted by it to any dealer whether by way of loan or otherwise. 12. Power to seize foodgrains :- If the stock of foodgrains specified in an order made under Cl. 10 is n ot sold in accordance with the provisions of that order, then without prejudice to any other penalty to which the person concerned may be liable, the authority issuing the order may seize or cause to be seized such stock and deliver it lo the person or class of persons to whom it should have been sold under the said order and direct such person or class of persons to pay to the person from whom the stock was seized the value thereof at the price specified in the said order. 13. Power to enter and search premises :- Any officer authorised in this behalf by the Stale Government may, within his jurisdiction, inspect at all reasonable times stocks of foodgrains and for that purpose enter any premises or stop any vehicle and search the same and seize any stock of foodgrains in respect of which he has reason to believe that any 1 [of the provisions of the order or any order made thereunder] has been contravened: Provided that in exercising the power of entry under this clause, due regard shall be paid by such officer to the social and religious customs of the occupant of the premises : Provided further that if any such premises be found locked up or unoccupied or unattended by or on behalf of the owner or occupier, the same may, in the presence of two witnesses, be broken open and entered upon for all or any of the aforesaid purposes. 1. Vide S. R. O. 895, dated the 9th May, 1953 published in the Gazette of India, Pt. II, Sec. 3, p. 630, dated the 16th May, 1953. SCHEDULE 1 THE SCHEDULE [see Cl. 2 (b) ] (1) Wheat (4) Jowar. (2) Paddy. (5) Bazra (3) Rice (husked). [(6) Maize.] (7) Barley. \ \ \ \ \ \ \[(9) Gram] (8) Minor millets (e.g. Ragi.Kodo). (10) Milo. (11) Sorghum.