[THE
PULSES, EDIBLE OILSEEDS AND EDIBLE OILS (STORAGE CONTROL) ORDER, 1977]
PREAMBLE
In exercise of the powers conferred by Section 3 of
the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby
makes the following Order, namely,
Order - 1. Short title, extent and commencement.
(1)
This Order may be called the Pulses, Edible Oilseeds and
Edible Oils (Storage Control) Order, 1977.
(2)
It extends to the whole of India.
(3)
Clauses 3 and 5 of this Order shall come into force on
the 1st day of December, 1977 and the remaining provisions of this Order shall
come into force at once.
Order - 2. Definitions.
In
this Order, unless the context otherwise requires,
[(a)
"bulk consumer" means a hotel, a restaurant, a halwai, an educational
institution with hostel facilities, a hospital or a religious or charitable
institution];
(b) "Category A city" means a city included as
a category A City in the Schedule to this Order, having a population of 10
lakhs and more;
(c) "Category B City" means a city included as
a category B City in the Schedule to this Order having a population of 3 lakhs
and more but less than 10 lakhs or the Capital of a State or Union Territory
not included in category A City;
[(d)
"Other Areas" means any other place which is not a category A city or
category B city;]
(e) "commission agent" means a commission agent
having in the customary course of business as such agent authority either to
sell goods or to consign goods for the purpose of sale or to buy goods;
(f) "dealer" means a person engaged in the
business of purchase, sale or storage for sale of any pulses, edible oilseeds
or edible oils, whether or not in conjunction with any other business and
includes his representative or agent;
[(g)
"Edible Oil" means any oil used, directly or after processing, for
human consumption and includes hydrogenated vegetable oil;]
[(h)
"population" means population as determined at the 1981 Census];
(i) "primary mandi" in relation to pulses and
edible oilseeds means a mandi where the farmers initially sell their produce;
(j) "producer" means a person carrying on the
business of milling any of the pulses or expelling, extracting, 2[manufacturing
or refining] any edible oil,
(i)
by buying pulses or edible oilseed for being processed by
himself and selling the finished products to a wholesaler or through a
commission agent; or
(ii)
by doing any of the process of milling, expelling,
extracting, [manufacturing
or refining on behalf of another];
(k) "pulses" means urd, moong, arhar, masoor,
lobia, rajmaha, gram including peas or any other dal whether whole or split,
with or without husk;
(l) "retailer" means a dealer in pulses or in
edible oilseeds or in edible oils, who is not a wholesaler;
(m) "State Order" means any order issued by any
State Government or a Union Territory Administration under the provisions of
the Essential Commodities Act, 1955 (10 of 1955), and for the time being in
force;
(n) "wholesaler" means a dealer in pulses or in
edible oilseeds or in edible oils who sells such commodities to other dealers
or to bulk consumers.
Order - 3. Licensing of dealers and producers.
[Notwithstanding
anything contained in any State Order [no
person shall carry on business, as a dealer, after the expiration of a period
of fifteen days from the coming into force of this clause, or, as a producer,
after the expiry of a period of fifteen days from the date of coming into force
of the Pulses, Edible Oilseeds and Edible Oils (Storage Control) (Amendment)
Order, 1987] in pulses or in edible oilseeds or in edible oils except under and
in accordance with the terms and conditions of a licence granted under a State
Order if the stocks of pulses or edible oilseeds or edible oils in his
possession exceed the quantities specified below,
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(i) Pulses
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...
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10 quintals for
all pulses taken together.
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(ii) Edible oils
including hydrogenated vegetable oils
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...
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5 quintals of
all edible oils including hydrogenated vegetable oils taken together.
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(iii) Edible oilseeds
including groundnut in shell.
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...
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30 quintals of
all edible oilseeds.
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Order - 4. Restriction on possession of pulses, edible oilseeds and edible oils.
(1)
No dealer shall after a period of fifteen days from the
coming into force of this clause, either by himself or by any person on his
behalf, store or have in possession at any time any pulses, edible oilseeds or
edible oils in excess of the quantities specified below,
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Category of
cities
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Stock limit in
quintals in case of
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Remarks
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Wholesaler
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Retailer
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[(i)
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Pulses
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Category A
Cities
Category B
Cities
Other Areas
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2000
1000
1000
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50
40
40
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All Pulses taken
together].
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[(ii)
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Edible Oilseeds
including Groundnut in shell
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Category A
cities
Category B
cities
Other Areas
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1500
1000
500
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100
75
50
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1. All edible
oilseeds taken together.
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2. For groundnut
kernel or seeds 75% limits specified shall apply.
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(iii)
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Edible oils
including hydrogenated vegetable oils
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Category A
cities
Category B
cities
Other Areas
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600
400
250
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20
12
8
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All edible oils
including hydrogenated vegetable oils].
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Provided
that the stock limits specified for a wholesaler in 3[areas]
shall apply to a wholesaler in such primary mandis situated in other categories
of cities as the State Government may, having regard to the location of such
mandis or other relevant factors, from time to time, specify :
[Provided
further that where a dealer is also carrying on business as producer or
commission agent, he shall be entitled to retain the stock limits specified in
this sub-clause for each such business, if such business and accounts thereof
are kept separate and distinct from one another :]
[Provided
that no wholesale dealer shall hold any stock of edible oilseeds including
groundnut in shell and edible oils including hydrogenated vegetable oils for a
period exceeding fifteen days from the date of physical receipt by him of such
stock of [pulses]
of edible oilseeds and edible oils :]
[Provided
further that only one sale/purchase transaction if accompanied by physical delivery
of stocks, shall be permitted in respect of edible oils and oilseeds between
the wholesaler and another :]
Provided
also that no producer specified in column (1) of the Table below shall store or
have in his possession at any time unlimited pulse, [or
edible oilseeds], as the case may be, in excess of the quantity specified in
the corresponding entry in column (2) of the said Table, and he shall not hold
the [* * *]
stock in excess of the quantity specified in the corresponding entry in column
(3) of the said Table :
[Provided
also that the stock limits referred to above shall not apply to imported edible
vegetable palmoleinoil :]
[Provided
also that the stock limits referred to above shall not apply to imported edible
oils (excluding coconut oil, palm kernel oil, RBD palm oil and RBD palm stearin
:]
[Provided
further that the stock limits referred to above shall not apply to imported
pulses.]
TABLE
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Producer
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Quantity of
unmilled pulses or edible oilseeds
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[Quantity of stock of milled pulses or stock of edible oils including
refined oil.]
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(1)
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(2)
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(3)
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(a) Producer who
is carrying on business on the commencement of this Order.
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(b) Producer who
has commenced production after the commencement of this Order.
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(a) Producer who
is carrying on business on the commencement of this Order.
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(b) Producer who
has commenced production after the commencement of this Order.
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1. Producer of
pulses
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One-twelfth of
the maximum quantity of pulses used by him in any of the three years ending
on the 7[31st day of October, 1982].
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For a period of
one year from the date of commencement of his production one-twelfth of the
quantity of pulses that would be required for producing a quantity equal to
his annual installed capacity.
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One twenty-fourth
of his maximum production in any of the three years ending one the [31st
day of October, 1983].
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For a period of
one year from the date of commencement of his production one twenty-fourth of
the quantity equal to his annual installed capacity.
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[2. Producer of edible oils.
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One-eighth of
the maximum quantity of edible oilseeds used by him in any of the three years
ending on the 31st day of October, 1989.
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For a period of
one year from the date of commencement of his production, one-eighth of the
quantity of edible oilseeds that would be required for producing the quantity
equal to his annual installed capacity. For the second year and third year of
his production, 1/8th of the quanity of edible oilseeds that would be
required for quantity equal to his annual installed capacity and thereafter
one eighth of the maximum quantity of edible oilseeds used by him in any of
the three years immediately after the commencement of his production.
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1/24th of his
maximum production in any of the three years ending on the 31st day of
October, 1989.
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For a period of
one year from the date of commencement of his production 1/24th of a quantity
equal to his annual installed capacity. For the second year and third year of
his production, 1/24th of the quantity equal to his annual installed capacity
and thereafter 1/24th of the maximum of his production in any of the three
years immediately after the commencement of his production.
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3. [
* * * * ]
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[Note.
For the purpose of computing the stock limit specified in columns (3) (a) and
(3) (b) above, the raw oils (except solvent extracted oils), oils in process or
in semi-processed state and finished product shall be taken into consideration.]
Provided
also that where any quantity of pulses, edible oils, or edible oil seeds is in
transit, then for the purposes of this sub-clause, such quantity [shall
not, during the period when such quantity is in transit, be deemed] to have been
included in the stocks of the dealer in whom the property in such quantity is
retained during such transit in accordance with the terms of any contract or
agreement in pursuance of which the quantity is put in such transit :
[Provided
also that nothing in this clause shall apply to a commission agent who does not
retain any consignment of pulses or edible oilseeds received by him for a
period exceeding fifteen days from the date of its receipt] :
[Provided
further that an exporter shall be entitled to hold stock of seeds/pods in the
following proportion in addition to the normal storage limits prescribed under
Clause 4 (1) of the Order :
(Quantity in MT's)
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Sl. No.
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Particulars
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For every export
contract of
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Stock exemption
for raw material requirement (Seeds/pods)
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1.
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Sunflower
extraction
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1000
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1670
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2.
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Groundnut
extraction
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1000
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1790
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3.
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[* * * *]
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4.
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H.P.S. Groundnut
Kernels
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1000
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2500
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5.
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Sesame Seed
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1000
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1250
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[6.
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Mustard/Rapeseed
and extraction]
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1000
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1695
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The
above exemption will be subject to the production of the following documents,
(i)
Copy of the Export Order or Contract from the export
buyer.
(ii)
Certified copy of the Registering Authority registering
the export contract.
(iii)
Copy of the irrevocable letter of credit opened on a Bank
certified by the Banker.]
(2)
Every dealer referred to in sub-clause (1) shall,
immediately on the expiry of the period specified in that sub-clause, give
intimation to the Collector regarding the stocks of any pulses, edible oilseeds
or edible oils left with him or any other person on his behalf in excess of the
stocks prescribed in sub-clause (1) and such stocks shall not be disposed of by
the dealer or other person except in accordance with the directions of the
Collector.
Order - [4-A. Restriction on possession of edible oil-seeds and edible oils for a temporary period.
Notwithstanding
anything contained in clauses (ii) and (iii) of sub-paragraph (1) of paragraph
4 of this Order, no dealer shall be in addition to the such limits specified
therein, either by himself or by any person on his behalf for the period
commencing on 10.5.1989 and ending with 31.5.1989 store or have in his
possession Rape-seed, Rape-seed Oil, Mustard and Mustard Oil in excess of the
quantities specified below:]
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Category of
Cities
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Stock limits in
quintals in the case of
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Wholesaler
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Retailer
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1
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2
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3
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4
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(i) Mustard
Seeds/ Rape-seed
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Category A
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1500
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100
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Category B
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1000
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75
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Other Areas
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500
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50
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(ii) Mustard
oil/ Rape-seed oil
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Category A
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800
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25
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Category B
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600
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15
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Other Areas
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350
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10]
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Order - [5. Returns.
Every
licensed or producer who holds in excess of the stock limits of pulses or
edible oilseeds or edible oils specified for a retailer in Clause 4, shall
furnish a fortnightly return to such authority and in such manner as may be
specified by the State Governments in this behalf by notification in the
official Gazette in respect of such stocks of pulses, edible oilseeds and
edible oils by them.]
Order - 6. State Orders to apply.
The
provisions of the State Orders relating to storage of pulses, edible oilseeds
or edible oils shall apply in respect of any matter for which no provision has
been specifically made in this Order.
Order - [7. Order not to apply in certain cases.
Nothing
in this Order shall apply
(i)
to a Corporation or Company owned or controlled by the
Central Government or State Government, or to a Statutory Board, or
(ii)
to any Central level or State level co-operative society,
engaged in the production, procurement, sales, purchase or distribution of
pulses, edible oilseeds or edible oils :
Provided
that a Corporation or a company or a statutory Board mentioned in sub-clause
(i) shall furnish information relating to purchase, sale and stock of edible
oilseeds/edible oils held by them to the Central Government or as the case may
be, to the State Governments.]
Order - [7-A. Power to exempt.
The
State Government may, if it considers it necessary for avoiding any hardship or
for any other just and sufficient reason, by notification in the Official
Gazette, exempt any producer, dealer or commission agent from the operation of
all or any of the provisions of this order, either generally or for any
specified periods, subject to such conditions as may be specified in
notification :
Provided
that no notification under this Clause shall be issued except with the previous
approval of the Central Government :]
[Provided
further that no previous approval of the Central Government shall be necessary
for granting exemption to importers from the stock limits specified in
sub-clause (1) of Clause 4 in case of pulses imported under Open General
Licence (O.G.L.). The notification issued by the State Government shall
indicate the period for disposal of the excess stock.]
Order - [7-B. Power to fix lower stock limits.
The
State Government may, if it considers it necessary for just and sufficient
reason, by notification in the official Gazette, fix any stock limit within the
maximum limits specified in CI. 4, either generally or for any specified
period, subject to such condition as may be specified in the notification :
Provided
that no notification under this clause shall be issued except with the previous
approval of the Central Government.]
Order - 8. Repeal and savings.
The
Pulses and Edible Oils (Storage Control) Order, 1977, is hereby repealed;
Provided
that such repeal shall not affect,
(a)
the previous operation of the said order or anything duly
done or suffered thereunder; or
(b)
any right, privilege, obligation or liability acquired,
accrued or incurred under the said Order; or
(c)
any penalty, forfeiture or punishment incurred in respect
of any offence committed against the said Order; or
(d)
any investigation, legal proceeding or remedy in respect
of any such right, privilege, obligation, liability, penalty forfeiture or
punishment as aforesaid, and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced and any such penalty, forfeiture or
punishment, may be imposed as if the said Order had not been repealed.
SCHEDULE
[See Clause 2 (b) and (c)]
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Category 'A'
Cities
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Category 'B' Cities
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(Having a
population of 10,00,000 and above)
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(Having a
population of 3,00,000 and more but less than 10,00,000 and Capital Cities of
States and Union Territories other than Category 'A' Cities).
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(1)
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(2)
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1.
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Calcutta
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1.
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Nagpur
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2.
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Greater Bombay
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2.
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Coimbatore
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3.
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Delhi
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3.
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Madurai
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4.
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Hyderabad
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4.
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Agra
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5.
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Madras
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5.
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Varanasi
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6.
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Bangalore
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6.
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Indore
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7.
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Ahmedabad
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7.
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Jabalpur
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8.
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Kanpur
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8.
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Allahabad
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9.
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Poona
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9.
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Surat
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10.
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Vadodara
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11.
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Tiruchirappalli
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12.
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Amritsar
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13.
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Jamshedpur
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14.
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Cochin
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15.
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Dhanbad
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16.
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Salem
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17.
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Gwalior
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18.
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Ludhiana
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19.
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Sholapur
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20.
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Ulhasnagar
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21.
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Hubli Dharwar
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22.
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Meerut
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23.
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Viskhapatnam
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24.
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Mysore
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25.
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Vijayawada
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26.
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Calicut
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27.
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Bareilly
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28.
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Jodhpur
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29.
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Rajkot
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30.
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The capital
cities of State
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and Union
Territories other
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than Category
'A' cities.
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