MADHYA PRADESH ONION TRADERS (STOCK-LIMIT AND RESTRICTION ON HOARDING) ORDER, 2019

 

PREAMBLE

Whereas in the opinion of the State Government it has become necessary and expedient to ensure equitable distribution and availability of onion at reasonable prices;

Therefore, in exercise of the powers conferred under section 3 of the Essential Commodities Act, 1955 (No. 10 of 1955) read with the notification No. S.O. 3540(E) dated 29.09.2019 & GSR 929(E) dated 29.09.2016 of the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), Government of India and GSR 800 dated 9 June 1978 of Department of Food, Ministry of Agriculture and irrigation, the State Government. hereby, makes the following order, namely: -

Order - 1. Short title, extent and commencement.

(1)     This order may be called as the Madhya Pradesh Onion Traders (Stock-Limit and Restriction on Hoarding) Order, 2019.

(2)     This order shall extend to the whole of Madhya Pradesh.

(3)     This order shall come into force from the date of its publication in the Madhya Pradesh Gazette and shall be effective up to 30th November 2019 or till the extended date as may be notified by the Government of India in this regard from time to time.

Order - 2. Definitions.

In this order, unless the context otherwise requires-

(a)      "Commission agent" means a person who is engaged on behalf of any other trader for purchase, sale, transport and receipt to another trader on commission basis.

(b)      "Forms" means the forms attached to this order.

(c)      "Mandi" means the mandi specified in the Madhya Pradesh Agricultural Produce Market Act, 1972 (No. 24 of 1973).

(d)      "Retailer" means such onion trader who is not a wholesaler and sells directly to the consumers.

(e)      'State Government' means the Government of Madhya Pradesh.

(f)       "Trader" means a person or his representative, which includes a commission agent who purchases, sells or stores for sale or intends to purchase, sell or storage for sale of onion at any time in such limit as mentioned in Scheduled-I of this order but it does not include the stock of onions produced by him through individual farming.

(g)      "Wholesaler" means such a trader who sells onion to other traders.

Order - 3. Maximum stock limit

No trader shall have the stock of onion at any time in excess of the stock limit mentioned in Schedule-I of this order.

Order - 4. Restriction on purchase, sale and storage of onion.

(1)     Every wholesaler or commission agent by whom the onion mentioned in Schedule-I is received for purchase, sale, shall maintain the proper account of the purchase, sale and storage of the onion including stock register prescribed in Form 'A', invoice of the sale and receipt of the mandi, and shall submit them on demand at the time of inspection.

(2)     Every trader shall deal with the onion materially and not in a speculative manner which adversely affects its easy availability in the market.

(3)     Every trader shall display the price list and stock of onion kept for sale on a board at the entrance of the premises or at any conspicuous place of his/her business premises written in legible Devnagari script in which the price of the onion and the opening stock of the onion shall be displayed separately.

(4)     No trader shall refuse to sell the onions kept in his/her possession for sale.

(5)     Every wholesaler or his commission agent shall submit the details of transaction prescribed in Form 'B' by 20th of the current month for the fortnight ending on 15th of the same month, and by 5th of the succeeding month for the fortnight ending on last date of the previous month

Order - 5. Violation of order.

No trader or his commission agent or his servant or any other person acting on his behalf shall violate any of the provisions of this order.

Order - 6. Powers of entry, search and seizure etc.

(1)     In order to ensure proper compliance of the provisions of this order, an officer not below the rank of junior supply officer or an inspector of the weights & measures of the Food, Civil Supplies and Consumer Protection Department or Naib Tehsildar of the Revenue Department or Assistant Director of the Department of Horticulture and Food Processing of the State Government, within their respective district/jurisdiction, with such assistance as he thinks fit:-

(a)      shall expect the submission of the documents, accounts and other records related with the violated transactions in respect of a premise, vehicle, vessel whereof, he has reason to believe that the provisions of this order has been violated, is being violated or to be violated, from the owner or his manager or any other person in charge.

(b)      enter and inspect or open or search such a place, premises, vehicle or vessel in respect of which it has reason to believe that any of the provisions of this order has been violated, is being violated or is about to be violated.

(c)      may seize or cause to be seized the register, bill book or any other documents related to such violated transactions.

(d)      shall search animals/vehicles/vessels or other conveyances being used in carrying the stock of onion in violation of provisions of this order and shall seize and remove them and thereafter, shall do or shall authorize to do such other activities which are essential for the presentation of the stock of onion and animals, vehicles, vessels or other conveyances before the competent court and for ensuring it safe custody until it is presented before court.

(2)     The provisions of the Code of Criminal Procedure, 1973 (No 2 of 1974) which relate to search and seizure shall apply to search and seizure under this section as far as possible.

Order - 7. Exemption.

The State Government may, by ordinary or special order, exempt any class of persons from all or any of the provisions of this order and may suspend or revoke such exemption at any time.

 

Schedule I

(see clause 3)

Stock limit

 

Form-A

{see clause 4(1)}

Daily Stock Register

 

Form-B

{see clause 4(5)}

Fortnightly Return

Month.........................................................Year..............................Name of Wholesaler/Commission Agent & Address of the business Tin no...........................................Mandi license no......................... Address of Godown approved in Mandi license...................................Opening Stock of the beginning of the month.....................................

(Note:- Tick the submission period from 1 to 15th/16th to month End as applicable.)