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[Extract from the Haryana Government Gazette (Extra.), dated the 19th November, 1979] 

Part III

HARYANA GOVERNMENT FOOD AND SUPPLIES DEPARTMENT
Order

The 19th November , 1979


No. G.S.R.118/C.A.10/55/S.3/79. – Whereas the Governor of Haryana is of the option that for maintaining supplies and securing equitable distribution and availability at fair prices of Motor Sprit and High Speed Diesel Oil in the State of Haryana, it is necessary and expedient so to do ;

Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with Government of India, Ministry of Commerce Order No. SO 681 (E), dated the 30th November, 1974 and all other powers enabling him in this behalf the Governor of Haryana hereby makes the following Order namely:


1.Short title extent and commencement –

(1)  This Order may be called the Haryana Motor Spirit and High Speed Diesel Oil (Maintenance of Supplies) Order, 1979 :

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force at once.

 

2. Definitions - In this Order, unless the context otherwise requires :-

(a) “dealer” means a person engaged in the business of  purchase sale or storage for sale of Motor Spirit or High Speed Diesel Oil or both but does not include an oil company ;

(b) “oil company” means any of the oil companies specified below :-

1) Indian Oil Corporation Ltd.

2) Hindustan Petroleum Corporation Ltd.

3) Bharat Petroleum Corporation Ltd.

4) The Indo-Burma Petroleum Company Limited.

5) Hindustan Petroleum Corporation Limited (V.M.U)

(c) “Director” means the Director Food and Supplies, Haryana and includes Joint Director Food and Supplies, Haryana Deputy Director, Food and Supplies, Haryana or any other officer authorized by the state Government to perform all or any of the functions of Director under this order ;

(d) “District Magistrate” means the District Magistrate of the District and includes District, Food and Supplies Controller or any other officer authorized by the State Government perform all or any of the functions of the District Magistrate under this order.


3. Regulation of sale and supply of Motor Spirit and High Speed Diesel Oil. –

(1) Every dealer shall , within 24 hours from the date of commencement of this Order -

i. Display the working hours at conspicuous place at his business premises ; and

ii. Display stock-cum-price board at a prominent place at his business premises, showing the opening balance of Motor Spirit and High Speed Diesel Oil separately every day and rate per litre.

 (2) No dealer shall refuse to sell Motor Spirit or high Speed Diesel Oil to any customer while having stocks of the same with him on any day during working hours except in compliance with any restrictions or directions issued by the competent authority mentioned in sub-clause 6.

 (3) Notwithstanding anything contained in any other provision of law for the time being in force in the State of Haryana , no dealer shall keep his premises closed during working hours on any day without prior permission in writing of the District Magistrate.

 Explanation -  For purposes of this clause. “ working hours” shall be the working hours which the dealer has been observing immediately prior to the date of commencement of this Order.

 (4) Every dealer shall take all reasonable steps to ensure that he has adequate stocks of Motor Spirit and High Speed Diesel Oil at his business premises at all times.

(5) Every dealer shall maintain true and correct accounts of all purchases and sales of Motor Spirit and High Speed Diesel Oil.

(6) Every dealer and Oil Company shall comply with the directions that may be given to him in writing by the Director and the District Magistrate in regard to the purchase, sale or storage for sale of Motor Spirit and High Speed Diesel Oil and in regard to the manner in which accounts thereof shall be maintained and further in regard to the submission of the stock returns.

(7) No dealer shall act in a manner prejudicial to the maintenance of supplies of Motor Spirit and High Speed Diesel Oil in the State of Haryana.

 

4. Power of entry, search, seizure, etc.- The Director or District Magistrate or any police Officer, not below the rank of Sub-Inspector or any Officer of the Food and Supplies Department, Haryana, not below the rank of Sub-Inspector authorized by the Director or District Magistrate may with such assistance, if any, as he thinks fit-

(a) require the owner, occupier or any other person incharge of any place , premises, vehicle or vessels in which Motor Spirit and or , High Speed Diesel Oil is stored, kept or is being carried, where he has reason to believe that any contravention of the provisions of this Order has been, is being or is about to obe committed to produce any books of accounts or other documents or furnish such information relating to motor Spirit and High Speed Diesel Oil or transaction relating thereto as may be required ;

(b) enter, inspector break open and search or seal any place, premises vehicle or vessels in which he has reason to believe that any  contravention of the provisions of this Order has been is – being or is about to be committed ;

(c) inspect or seize any document or account books or take or cause to be taken extracts from or copies thereof showing transactions relating to Motor Spirit and High Speed Diesel Oil; and

(d) search, seize and remove stocks of Motor Spirit and the High Speed Diesel Oil together with the vehicles, vessels or other containers in which the same are found stored or seal the under ground tanks in which the same are stored where he has reason to believe that a contravention of this Order has been committed and thereafter take or authorize the taking of all measures necessary for securing the production of such stocks and articles in a court of law and for the safe custody by way of pending such production.

 

5.  The provisions of section 100 of the Code of Criminal Procedure, 1973 (Central 2 Act of 1974) relating to search and seizure shall so far as may be, apply to searches and seizures under clause 4.

G.V.GUPTA,
Commissioner and Secretary to Government, Haryana,
Food and Supplies Department

Endst. No. 7865 / 3S-79 / 50738, dated Chandigarh the 19th November , 1979.

A copy is forwarded to :-

*All the District Magistrates in the State.

*All the District Food And Supplies Controllers in the State and 11 others.

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