Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com SALT (ASSAM RESERVE STOCK) ORDER, 1973 CONTENTS 1. Short title and commencement 2. Definitions 3. Compulsory storage of salt 4. Restrictions regarding sale of reserve stock of salt 5. Particulars to be furnished by the importer 6. Power of inspection, entry, search, seizure, etc 7. Expenditure incurred in storing the reserve stock of salt to be borne by the importer 8. Power to exempt SALT (ASSAM RESERVE STOCK) ORDER, 1973 3 -In exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government being of the opinion that it is necessary to do so, hereby makes the following Order, namely: 1. Short title and commencement :- (1) This Order may be called the Salt (Assam Reserve Stock) Order, 1973. (2) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions :- In this Order, unless the context otherwise requires,- (a) "importer" means a person who imports salt into the area covering a radius of twenty kilometres of Gauhati (New Gauhati) town in the State of Assam from outside that State by any means of transport; (b) "Salt Commissioner" means the Salt Commissioner to the Government of India; (c) "salt depot" means' the salt store house or godown provided and maintained by the Central Government at Gauhati. 3. Compulsory storage of salt :- (1) Every importer shall deposit for storage in the salt depot 10 per cent. of the quantity of each consignment of salt imported by him, but the Salt Commissioner may, at his discretion, vary from time to time the percentage of salt to be stored, so, however, as not to increase it above 15 per cent., and in doing so, may also, for such period as he may specify require that no further quantity of salt shall be offered by any importer for storage in the salt depot. (2) The salt to be deposited under sub-clause (1) shall be deposited within twenty- four hours from the commencement of the unloading of a consignment at the railway station, river port, airport or any godown. 4. Restrictions regarding sale of reserve stock of salt :- The quantity of salt deposited for storage in the salt depot under Cl. 3 shall be treated as the reserve stock of salt and no importer shall sell or otherwise dispose of such quantity of salt or part thereof without the permission in writing of the Salt Commissioner or any other officer of Government duly authorised by him in this behalf. 5. Particulars to be furnished by the importer :- Every importer shall, at least twelve hours before the unloading of the consignment of salt at the railway station, river, port, airport or the godown, as the case may be, furnish to the officer in charge of the salt depot the following particulars, namely: (i) name of the importer with full address; (ii) name of the source of supply of salt and mode of transport; (iii) manifested quantity of salt indicating separately the varieties of salt, that is to say, crushed, uncrushed and total; (iv) approximate date and time of the arrival of the consignment of salt, and commencement of the unloading indicating the place of unloading. 6. Power of inspection, entry, search, seizure, etc :- Any officer authorised by the Central Government in this behalf may- (a) direct any importer to maintain such records as he may specify; (b) direct any importer to furnish such information as he may require; (c) inspect any books or documents or stocks of salt belonging to or under the control of an importer; (d) enter and search any place in which there is reason to believe that salt is stored in contravention of this Order; (e) stop and search- (i) any person transporting salt; or (ii) any vehicle, vessel or other conveyance used or capable of being used for the transport of salt, in contravention of this Order; (f) seize any salt in respect of which he has reason to believe that a contravention of this Order has been, is about to be, committed along with the packages, coverings or receptacles in which salt is found or the animals, vehicles, vessels or other conveyances used in carrying such salt and thereafter take or authorise the taking of all measures necessary for securing the production of the packages, coverings, receptacles, animals, vehicles, vessels or other conveyances so seized in a court and for their safe custody pending such production; (g) seize any books of account or any documents which, in his opinion, would be useful for, or relevant to, any proceedings under this Order and return such books of accounts and documents to the person from whom they were seized after copies of the said books of accounts and documents or relevant extracts thereof have been taken together with a certificate written and signed by the person from whom such books of accounts or documents were seized at the foot of each such copy to the effect that it is a true copy of the said books of account or documents or relevant extracts thereof, as the case may be. 7. Expenditure incurred in storing the reserve stock of salt to be borne by the importer :- All expenses in connection with the storage of salt in the salt depot towards the reserve stock of salt (which operation includes unloading from the railway wagons, Flats, steamers, barges, rivercrafts, aircrafts or road transport vehicles, loading into the means of conveyance, cost of carriage from the place of discharge o f salt up to the salt depot, unloading from the means of conveyance and storage inside the salt depot at the allotted space) shall be borne by the importer. The importer shall also pay rent for storage of the reserve stock of salt in the salt depot at the rates approved by the Salt commissioner, for the entire period of storage that is from the date of its storage upto the date of its actual removal. On no account shall the importer be eligible to claim any reimbursement of the expenses incurred by him in connection with the storage and maintenance of the reserve stock of salt or for the wastage of salt and deterioration of the condition of the containers of such salt, etc. 8. Power to exempt :- Notwithstanding anything contained in this Order the Salt Commissioner may, by an order in writing and subject to such conditions as may be specified therein exempt any consignment of salt which is brought solely for industrial purposes, from the provisions of this Order.