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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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