Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INTER-ZONAL WHEAT PRODUCTS (MOVEMENT CONTROL) ORDER, 1976 CONTENTS 1. Short title, extent and Commencement 2. Definitions 3. Restriction on export of wheat products 4 . Restrictions on the movement of wheat products to or within the zonal border area 5. Restrictions on the movement of wheat product to or within the external border area 6. Exemption for border areas 7. Powers of entry, examination search and seizure 8. Effect of order SCHEDULE 1 :- THE SCHEDULE INTER-ZONAL WHEAT PRODUCTS (MOVEMENT CONTROL) ORDER, 1976 22. Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), dated the 13th October, 1976 and rescinded by G.S.R. 880(E). dated 15th November. 1976. G.S.R. 845(E), dated 13th October, 1976.-Whereas the Central Government is of opinion that it is necessary and expedient so To do for securing the equitable distribution of wheat products in the different Slates of India; Now, therefore, in exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order, namely: 1. Short title, extent and Commencement :- (1) This Order may be called the Inter-zonal Wheat Products (Movement Control) Order, 1976. (2) It extends to the whole of India. (3) It shall come into force at once. 2. Definitions :- In this Order, unless the cortext otherwise requires,- (a) "export" means to take or cause to be taken by any means whatsoever, from any place within a Zone to a place outside it; (b) "external barea" means the area within a fifteen kilometers belt inside a Zone and adjoining territory of any foreign country; (c) "State Government" means the Government of any State included in a Zone and includes the Administrator of a Union territory; (d) "wheat product" means wholemeal atta, resultant atta, maida, suji or rawa; (e) "zone" means any of the Zones as specified in the schedule annexed to this order; (f) "zonal border area" means the area within an eight kilometers belt inside a zone and adjoining- (i) another zone; or (ii) the sea. 3. Restriction on export of wheat products :- No person shall export or attempt to export or abet the export of any wheat product except under and in accordance with a permit issued by- (i) the Central Government or by an officer authorised by it in this behalf; or (ii) the State Government or by an officer authorised in this behalf by that Government subject to the condition that the export under such permits shall be regulated in accordance with such directions as may be issued by the Central Government in this behalf from time to time: Provided that nothing contained in this clause shall apply to the export of any wheat product- (i) on Central Government account; or (ii) under and in accordance with Military Credit Notes; or (iii) by or on behalf of lhc Food Corporation of India established under Sec. 3 of the Food Corporation Act, 1964 (37 of 1964); or (iv) by or on behalf of such public agencies as may be approved by the Central Government, with such conditions as it may impose: or (v) received by way of gift under the Indo-U.S. Agreement on Relief Supplies, 1968, and despatched to a nominee of the American Voluntary Relief Agency concerned for relief purposes: or (vi) by or under the authority of the Dandakaranya Development Authority; or (vii) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage. 4. Restrictions on the movement of wheat products to or within the zonal border area :- No person shall move, attempt to move or abet the movement of any wheat product: (a) to any place in the zonal border area from any place outside that area: or (b) from any place in the zonal broder area to any other place in that area, except under and in accordance with a permit issued hy the State Govenment having jurisdiction in this behalf or by an officer authorised in that behalf by that Government. 5. Restrictions on the movement of wheat product to or within the external border area :- No person shall move, attempt to move or abet the movement of any wheat product- (a) to any place in the external border area from any place outside that area; or (b) from any place in the external border area to any other place in that area, except under and in accordance with a permit issued by the State Government having jurisdiction in this behalf or by an officer authorised in that behalf by that Government: 6. Exemption for border areas :- Nothing contained in Cl. 4 or Cl. 5 shall apply to the movement of any wheat product- (i) on Central Government account; or (ii) under and in accordance with Military Credit Notes; or (iii) within the same town or village in the zonal border area or in the external border area; or (iv) not exceeding ten kilograms in weight in the aggregate at a time by a bona fide resident of the zonal border area or of the external border area for domestic consumption; or. (v) by or on behalf of the Food Corporation of India established under S.3 of the Food Corporation Act, 1964; or (vi) by or on behalf of such.public agencies as may be approved by the Central Government in this behalf, with such conditions as it may impose; or (vii) received by way of gift under the Indo-U.S. Agreement on Relief Supplies, 1968, and despatched to a nominee of the American Voluntary Relief Agency concerned for relief purposes; or (viii) from a village in the zonal border area or in the external border area to the nearest grain market (mandi) for the purpose of sale, whether such market is within or outside any such area; or (ix) by or under the authority of the Dandakaranya Development Authority; or (x) not exceeding five kilograms in weight in the aggregate by a bonafide traveller as part of his luggage; or (xi) from one part of Nepal or another through the interlying territory of Zone IV. 7. Powers of entry, examination search and seizure :- (1) Any police officer not below the rank of. Assistant Sub-Inspector or any other officer authorised in this behalf by the Central Government or the Stale Government under a notification specifying the rank of such officer and having jurisdiction may with a view to securing compliance with this Order or to satisfying himself that this Order has been complied with- (a) stop and search any person or any boat, motor or other vehicle or any receptacle used or intended to be used for the export or movement of any wheat product; (b) enter, search or examine any place; (c) seize- (i) any stock of wheat product in respect of which he has reason to believe that a contravention of any of the provisions of this Order has been, is being, or is about to be committed; and (ii) any packages, coverings Or receptacles in which such stock of wheat product is found; and (iii.) the animals, vehicles, vessels, or other conveyances used in carrying such stock of wheat product if he has reason to believe that such animals vehicles vessels or other conveyance are liable to be forfeited under the provisions of the Essential Commodities Act, 1955 (10 of 1955), and thereafter take or authorise the taking of all measures necessary for securing the production of packages, coverings, receptacles, animals, vehicles, vessels or other conveyances so seized before the Collector of the District or Presidency town, or the judicial authority appointed under Sec. 6-C of the said Act, if required to do so, and for their safe custody pending such production; (d) examine or seize any books of accounts or documents which in his opinion shall be useful for, or relevant to, any proceedings in respect of any contravention of this Order and allow the person from whose custody such books of accounts or documents are seized to make copies thereof or to take extracts therefrom in his presence. (2) The provisions of Code of Criminal Procedure, 1973 relating to search and seizures shall, so far as may be, apply to searches and seizures under this clause. 8. Effect of order :- The provisions of this Order shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. SCHEDULE 1 THE SCHEDULE [(See Cl.2(e)] ____________________________________________________________________________ Zone States and Union Territories constituting the zones. ____________________________________________________________________________ I. The States of Andhra Pradesh, Tamil Nadu, Karnataka and Kerala and the Union Territory of Pondicherry. II. The States of Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh, Mizoram and Andaman and Nicobar Islands. III. The States of Gujarat, Maharashtra and Madhya Pradesh and Union Territories of Dadra and Nagar haveli and Goa, Daman and Diu. IV. The States of Punjab, Haryana, Jammu and Kashmir, Himachal Pradesh, Rajasthan, Ultar Pradesh and Bihar and the Union Territories of Chandigarh and Delhi.