ORISSA CEMENT CONTROL ORDER, 1973
(1) This Order may be called the Orissa Cement Control Order, 1973.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
In this Order, unless the context otherwise requires-
(a) "Cement" means any variety of cement manufactured in India, and includes Portland pozzalana cement, oil well cement, waterproof (Hydrophotobic) cement, blast furnace slag cement, rapid hardening cement and low heat cement, but does not include white and coloured cement 1[other than (high strength ordinary Portland cement)]
(b) "Controller" Means the Controller of Supplies appointed by the Government ,
(c) Form" means a form appended to this Order;
(d) "Government" means the Government of the State of Orissa;
(e) "Institution" means any Company, Corporation or Society registered under the Companies Act, 1956, Societies Registration Act, 1860 or the
Save as otherwise provided the provisions of this Order shall apply only in case of levy cement.
(a) No person shall carry on any business in cement except as a Stockist under and in accordance with the provisions of this Order and the terms and conditions of licence granted to him :
Provided that the restrictions in this clause shall not apply to a cement producer or manufacturer 2[or the State Civil Supplies Corporation] who sells or otherwise delivers cement to stockists for sale or to consumers in quantities duly authorized by the Regional Cement Officer of the Government of India exercising jurisdiction.
[(b) No person shall sell or offer for sale any quantity of cement except under and in accordance with a permit granted in Form I or in any other manner, by the Controller or by any other officer authorised by him in this behalf, and at rates fixed under Clause 12.]
[(c) No stocki
(1) Every application for a licence or for renewal thereof shall be made to the Licensing Authority in Form II.
(2) Every person other than a cement producer or manufacturer 4[or the State Civil Supplies Corporation] who is dealing in cement at the commencement of this Order shall apply for a licence within thirty days of such commencement.
(3) The application for renewal of a licence shall be so made as to reach the Licensing Authority not less than thirty days before the date on which the licence is to be renewed :
Provided that the Licensing Authority may entertain an application made either under Sub-clause (2) or Sub-clause (3) after expiry of the period of time mentioned therein if it is satisfied that the applicant was prevented by sufficient cause from submitting the application in
(i) Every licence granted under this Order shall, unless revoked earlier, be valid for a period ending on the 31st day of December of the year in which it is issued and may be renewed for a period not exceeding one year at a time.
(ii) The fees chargeable in respect of each licence shall be as specified below :
For issue of licence ... Rupees 1[two hundred] per annum
For renewal of licence ... Rupees 1[one hundred] per annum
For issue of duplicate licence... Rupees 1[seventy-five] per annum
(iii) A separate licence shall be obtained for place of business.
(iv) It shall be the holder of a licence to immediately obtain form the Licensing Authority a duplicat
(1) Every person applying for a licence shall, before a licence is issued to him, deposit with the Licensing Authority for each place of business a sum of two hundred rupees by way of security for the due performance of the conditions subject to which the licence is granted to him :
Provided that the provision of this sub-clause shall not apply to any co-operative society registered under the Orissa Co-operative Societies Act, 1962 (Orissa Act 2 of 1963), applying for a licence under this Order.
(2) The security referred to in Sub-clause (1) may be in any one of the following forms, namely :
(a) a demand draft on the State Bank of India endorsed in favour of the Licensing Authority;
(b) a deposit-at-call-Receipt of the State Bank of India endorsed
The Licensing Authority may, after giving the applicant an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a licence.
(1) No licensee or his agent or representative or servant or any other person acting on his behalf shall contravene any of the terms and conditions of the licence or the directions issued under or any provision of this Order and if any such licensee or his agent of servant or any other person acting on his behalf contravenes any of the said terms, conditions, or directions, or fails to lift the allotment of cement made to him within the prescribed time, then without prejudice to any other action that may be taken against him according to law, his licence may be suspended by order in writing of the Licensing Authority :
Provided that the Licensing Authority may, upon application or of its own motion, rescind any order of suspension of a licence passed by it or review its own order or that of its predecessor or pass any other appropriate order in respect of such licence.
&n
(1) Without prejudice to the provisions of Sub-clause (1) of Clause 8, if the Licensing Authority is satisfied that the stockist has contravened any of the conditions of the licence or the directions issued under or any provision of this Order, it may, after giving the stockist a reasonable opportunity of stating his case against the forfeiture 1[and of being heard] by order forfeit the whole or any part of the security deposited by him and communicate a copy of the order to the stockist.
(2) The stockist shall, if the amount of security deposit at any time falls short of the amount specified in Clause 6, forthwith deposit further security to make up the deficiency on being required by the Licensing Authority so to do.
(3) Upon due compliance with all obligations under the licence by the stockist, the amount of security deposit or such
(1) Any person aggrieved by any order of the Licensing Authority refusing to grant, re-issue or renew a licence or cancelling or suspending a licence or forfeiting the whole or any part of the security deposit under the provisions of this Order, may within fifteen days from the date of receipt of the said order, prefer an appeal to the Controller of Supplies whose decision thereon shall be final and any appeal, preferred after the expiry of the aforesaid period, may be summarily rejected by the Controller of Supplies.
(2) No order shall be made by the Controller of Supplies under this clause unless the aggrieved person is given a reasonable opportunity 1[of being heard.]
(3) Pending disposal of the appeal, the Controller of Supplies may direct that the order of the Licensing Authority against which the appeal is preferred shall not tak
(1) Subject to such general and special directions as may be issued by the State Government or the Controller from time to time, every cement producer shall, with due despatch, release stock of cement produced or manufactured by him as is authorised by the Regional Cement Officer of the Central Government exercising jurisdiction for sale in the State through the stockists, to the licensed stockists.
(2) No stockist shall acquire cement for sale in any other manner.
(3) The release shall be subject-to the limits of supply prescribed for each district by the Controller or the Regional Cement Officer of the Central Government exercising jurisdiction.
(4) The Controller may, at any time, direct the cement producer to deliver specified quantities of cement within the limit authorised for sale th
No stockist shall sell or offer for sale and no person shall buy cement at a price higher than that fixed under any order made under Section 18-G of Industries (Development and Regulation) Act, 65 of 1951.
The Controller may authorise purchase of cement by Institutions or Public Sector Undertaking for consumption on works of construction or repairs.
(1) No person shall acquire or hold stock of cement in excess of immediate requirement for works of construction or repairs of property belonging to him.
[(2) Cement obtained, acquired or possessed otherwise than a permit issued in accordance with Sub-clause (b) of Clause 3 or under an authorisation made under Clause 13 or an authorisation made by Government of India shall be considered as illegal acquisition in violation of this Order.]
(3) No person shall move or cause to be moved any stock of cement from one place to another inside the State except under a general or specific direction from the Controller or any other officer authorised by him.
[(4) Before cement is issued for construction of dwelling units, the persons applying for the cement shall give an undertaking that he shall use
Every stockist obtaining cement shall, at the beginning of the business hours on each day, display at a conspicuous place in the premises where the cement is stocked, the stock of cement in his possession and the price or prices at which the cement is sold by him.
CASE LAWS :
Obligation on every stockist to display the stock of cement in the possession as well as price at which the cement is sold by him-Contravention of the provision-Stockist is only liable and is to be penalised for violation of the provision-Held, the husband of the stockist who was managing the business cannot be penalised for violation of the provisions of Clause 15 : 1987 (1) Crimes 654.
Stock-board must indicate the position of the stock starting from beginning to closing of the business hours :1987 (1) Crimes 654.
Every stockist shall issue to every customer a receipt in respect of sales made on each occasion showing therein the quantity of cement sold and the prices charged for and shall maintain duplicate copies of the receipts 3[duly signed by the customer in token of verification of the contents.
(1) Every stockist shall maintain a proper account of cement dealt in by him showing-
(a) opening balance;
(b) stock received on each day indicating sources from which stocks were received and the references of the relative documents of purchase and movement;
[(c) the stocks disposed of on each day and names and full addresses of the customers;]
(d) the closing balance at the end of each day.
(2) Separate accounts shall be maintained for stocks received for sale to institutions and those received for sale to other consumers.
(1) With a view to securing compliance with this Order or satisfying himself that this Order has been complied with the Controller or any other Officer authorised by Government in this behalf, may, with such assistance, if any, as he thinks fit-
(a) enter, inspect or break open and search any place or premises, vehicles or aircrafts in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of any licence issued thereunder has been, is being or is about to be, committed :
Provided that if any such place or premises is found locked up, unoccupied or unattended by or on behalf of the owner or occupier, the same may, in the presence of two witnesses, be broken open and entered upon for all or any of the aforesaid purposes;
(b) require the owner,
The Government or the Controller may by general or special order exempt any stockist or consumer from all or any of the provisions of this Order.
Every dealer holding stock of cement at the commencement of this Order shall, subject to the condition that he notifies to the authority empowered to issue permits exercising jurisdiction in the area, the quantity of stock remaining with him immediately prior to the date of commencement of this Order, be entitled to hold such stock but disposal of such stocks as well as any other stock acquired by him after the commencement of this Order, shall be subject to such directions as may be given to him by the authority empowered to grant permits under the Order exercising jurisdiction in the area.
The Orissa Cement (Regulation of Sale by Stockist) Order, 1967 shall stand repealed except as respects things done or committed to be done under the order so repealed.
FORM I
[See Clause 3 (b)]
Permit Issuing Authority
Date...................
Messrs
...................................................
...................................................
You are authorised to supply 2[levy cement] to the following person in the quantity mentioned below, namely :
Name..................................
Indentors name..................
Address...............................
Quantity..............
FORM II
[See Clause 4 (2)]
Application for a Stockists Licence under the Orissa Cement Control Order, 1973, for dealing in 2[levy cement]
1. Name of the applicant (in block letters)..................
2. Fathers name..................
3. Full address of applicant..................
4. Description of the premises where the business is to be carried on and for which the applicant desires to be licensed..................
5. Whether he has his own godown and office at the place for which the licence is applied for. If so, its description..................
6. How long has the ap
FORM III
[See Clause 4 (4)]
Licence No ...............valid till.........................
2[Subject to the provisions of the Orissa Cement Control Order, 1973 and to the terms and conditions of the licence ...............is hereby authorised to carry on business as a 1[stockist of levy cement.]
2[2. The licensee shall sell cement at the following place of business ..............and shall store it tor the following place situated in the aforesaid place of business ................ (A separate licence shall be obtained for each place of business).]
3. The licensee shall maintain a register of daily accounts for the sale of cement showing correctly-
(a) the ope
FORM IV
[See para 5 of Form III]
Return of the Stock of the Cement showing Receipts and Deliveries
1 2 3 4 5 6
FORM V
Notifications issued under the Cement Control Order, 1973
(16th July, 1973)
No. 19750 - In pursuance of Sub-clause (b) of Clause 2 of the Orissa Cement Control Order, 1973,the State Government do hereby appoint the Secretary to the Government of Orissa in the Department of Supply as the Controller of Supplies for the purposes of the said Order.
No. 19751 - In pursuance of Sub-clause (f) of Clause 2 of the Orissa Cement Control Order, 1973, I, M. K. Kukreja, I. A. S., Controller of Supplies, Orissa, do hereby empower the Collectors of the districts within their respective jurisdictions and the Joint Director and the Deputy Directors, Supply Department, Government of Orissa, for the entire State of Orissa to exercise the powers and perform
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
