BIHAR TRADE ARTICLES (LICENCES UNIFICATION) ORDER, 1984
(1) This Order may be called the Bihar Trade Articles (Licences Unification) Order, 1984.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
In this Order unless the context otherwise requires,-
(a) "bulk consume," means a hotel, a restaurant, a halwai, a hospital, an educational institution with hostel facilities or a religious or charitable institution with hostel facilities;
(b) 1[ xxx]
1. Deleted by G.S.R. 12 dated 21.4.1992.
2[(C) "Collector" includes Deputy Commissioner, Additional Collector and such other officers, not below the rank of Sub-divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector;]
2. Subs. by G.S.R. 47, dated 17.10.1985.
2[(d) "Commissioner"means the Divisional Commissioner;]
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.-(1) No dealer shall after the commencement of this Order, carryon business of 1[purchase], sale or storage for sale of any of the trade articles mentioned in Schedule I except under and in accordance with, the terms and conditions of a licence issued in this behalf by the Licensing Authority under the provisions of this Order:
1. Subs. by G.S.R. 47 dated 17.10.1985.
Provided that no licence shall be required for a dealer who stores for sale at anyone time the trade articles, in quantities not exceeding the 2[limits as may be prescribed] by the State Government with prior concurrence of the Central Government for any trade article from time to 'time :
2. For storage limits see notifications at the end of this Order
Provided further that a dealer ho
.-(1 ) (a) Every application for the grant of licence (wholesale or retail) shall be made to the Licensing Authority in Form 'A' along with the fee prescribed in Schedule IV.
(b) Every licence issued under this Order shall be in Form 'C' and subject to the terms and conditions mentioned therein;
(c) The licence shall be valid up to 31st December next; and
(d) If a licence granted under this Order is defaced, lost or destroyed, the licensee shall forthwith inform the licensing Authority who may, on application and on the payment of fee prescribed in Schedule IV by the licensee, issue a duplicate licence.
(2) A dealer may obtain a licence for anyone or more trade articles mentioned in Schedule I.
(3) A sep
An application for renewal of a licence shall be made along with the fees determined under clause 6 to the Licensing Authority in Form 'B'.The licence may be renewed for one year/three years on the payment of renewal fee prescribed in Schedule IV. In case the licensee fails to furnish the application along with fee within the stipulated time Le. 31st December, the Licensing Authority may entertain an application up to 31st January, on the payment of late fee as specified below:
(i) for the first fortnight Rs. 2.
(ii) for the second fortnight Rs. 5.
The fees for issue of licence, renewal of licence and issue of a duplicate licence shall be chargeable as prescribed in Schedule IV or as determined by the State Government from time to time.
Every dealer 1[except the dealer of Public Distribution System] applying for a licence shall, before such licence is issued to him, deposit with the Licensing Authority the sum specified below in cash by way of security for the due performance of the terms and conditions of the licence issued to him:
(i) for whoesale licence - Rs. 750;
(ii) for retail licence - Rs. 300 :
Provided that if applicant for the grant of a licence as a dealer is a Cooperative Society registered under the Bihar Co-operative Societies Act, the amount of security to be deposited by it shall be equal to one-fourth of the amounts mentioned above:
1[Provided that the specified cash amount shall be deposited in the treasury under the budget head '088-Social Security and Welfare-C
.-(1) The Licensing Authority may, after giving the person affected an opportunity of being heard, and for reasons to be recorded by him in writing, refuse to grant or renew a licence.
(2) The licensing Authority shall refuse to grant or renew a licence if-
(a) the applicant is a minor or a lunatic or is of unsound mind; or
(b) the applicant is an undischarged insolvent; or
(c) three years period has not expired from the date of conviction of the applicant under the Essential Commodities Act, 1955 (Central Act 10 of 1955).
(3) The Licensing Authority shall also refuse to grant a licence for a particular trade article, if
(a) a licence has already been issued
The Licensing Authority 1[after giving due opportunity] may make necessary additions, deletions and alterations in the entries made in the licence relating to godown, place of business names of partners, trade articles etc., on the application of the licensee 2[* * *].
1. Ins. by G.S.R. 47 dated 17.10.1985.
2. omitted by ibid.
No holder of licence issued under this Order or his agent or servant or another person acting on his behalf shall contravene any of the terms and conditions of the licence.
.-(1) If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken against him under the Essential Commodities Act, 1955 (Central Act
10 of 1955) his licence may be cancelled or suspended with regard to one or more trade articles by an order in writing of the Licensing Authority and an entry will be made in his licence relating to such suspension or cancellation.
(2) No order of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity stating his case against the proposed cancellation but during the pendency or in contemplation of proceedings of cancellation of licence, the licence can be suspended for a period not exceeding 90 days without giving any
When a licence issued under this Order is cancelled or suspended, the stocks of trade articles available with the dealer at the time of such cancellation or suspended shall be disposed of by him within 1[45 days] from the date of receipt. of the order of cancellation or suspension:
1. Ins. by G.S.R. 47 dated 17.10.1985.
1[Provided that a dealer due to obvious reasons could not dispose of the stocks of trade articles within the stipulated period, in that case the dealer $hall intimate the licensing authority about it and will seek extension of time for disposal of the stock on which the licensing authority shall take necessary action for disposal of the stock after due consideration of the reasons.]
1. Ins. by G.S.R. 47 dated 17.10.1985.
Where a licensee has been convicted by a Court of Law for the contravention of any order made under section 3 of the Essential Commodities Act; 1955 (Central Act 10 of 1955), the Licensing Authority shall, by order in writing, cancel his licence:
Provided that where such conviction is set aside in any appeal or revision, the Licensing Authority may, on an application by the dealer whose licence has been cancelled, restore the licence to such dealer.
.-(1) Without prejudice to the provisions of clause 11 if the Licensing Authority is satisfied that licensee has contravened any of the terms and conditions of the licence and that a forfeiture of the security deposit is called for, it may, after giving the licensee a reasonable opportunity of stating his case, by order, forfeit the whole or any part of the security deposited by him anj communicate a copy of the order to the licensee.
(2) The licensee shall, if the amount of security at any time falls short of the amount specified in clause 7, forthwith deposit, on being required by the Licensing Authority to do so, further security to make up the deficiency.
(3) Upon due compliance by the licensee of all obligations under the licence, the amount of security or such part thereof which is not forfeited as aforesaid, sha1I be refunded to
The retail price of any trade article displayed· in compliance of the provisions of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 shall not exceed the retail price fixed or recommended by the Central Government or State Government or manufacturer or distributor from time to time for that trade article.] .
1. Subs. by G.S.R. 47 dated 17.10.1985.
(1) No dealer shall sell or offer to sell to any person any trade article at a price higher than that specified in respect of such article in the list of prices and stocks, and
(2) Refuse to sell article to any person at the price so specified.
No dealer shall sell any trade article to any person without issuing a cash memo or a bill (stating his own name, quantity, quality, rate and total price charged for the article sold) and without keeping a duplicate copy of such memo or bill:
1[Provided that it shall not be necesary for a retail dealer to issue any such cash memo or bill or to keep any trade article costing not more than Rs.25 or the trade articles costing not more than Rs.50 together unless demanded by the purchaser.]
1. Subs. by G.S.R. 47 dated 17.10.1985.
No person shall, either by himself or by any person on his behalf, store or have in his possession at any time any trade article mentioned in Schedule I and Schedule II in quantity exceeding the limits fixed-
(i) under an order issued by the Central Government, or
(ii) by the State Government with prior concurrence of the Central Government by issuing a notification in Official Gazette from time to time.
During emergency, war, famine, natural calamities, etc., every person holding stocks of trade articles mentioned in Schedule I and Schedule II shall sell to the State Government or to any person or class of persons the whole or specified part of his stock at such prices and in such manner as may be specified by the Collector.]
1. Subs. by G.S.R. 47 dated 17.10.1985.
Explanation.-For the purpose of this clause the prices payable to a person who is required to sell the whole or specified part of his stock of trade article shall be determined by the authority concerned in accordance with the provisions of subsection (3-B) of Section 3 of the Essential Commodities Act, 1955.
Every dealer referred to in clause 3 shall furnish a return in Form 'D' to such authority, and in such manner or for such period as may be specified from time to time by the State Government by notification in the Official Gazette.
The Licensing Authority may, by general or special order in writing, require any dealer holding stock of a trade article to sell article on permits issued by the Licensing Authority or such other officer authorised in this behalf by the State Government.
No holder of permit shall transfer the permit or the trade article received on such permit to any other person without prior permission of the officer by whom the permit has been issued.
The officer issuing the permit may, after giving the permit holder an opportunity of being heard, at any time revoke the permit issued under clause 21 for any of the following reasons:
(a) that the permit has been obtained by the permit holder by misrepresentation of material particulars; or
(b) that the provisions of this Order have been contravened by the permit holder; or
(c) that issue of permit was, in the opinion of the officer issuing the permit, and for reasons to be recorded in writing by him, not otherwise justified.
Every dealer shall, when so required by general or special direction of Licensing Authority, furnish truthfully and to the best of his knowledge such particulars or information· relating to any trade article, as may be required.
The State Government or the Collector or the Licensing Authority may issue directions to any dealer with regard to purchase, sale, disposal, storage or exhibition of the price and stock list of all or any of the trade articles.
The State Government may, by an order notified in the Official Gazette, add to or omit from the Schedules, any trade article and thereupon the Schedules shall be deemed to have been amended accordingly.
In addition to the power specified in this Order-
1[(a) for Oil Companies, 2[* * *] and L.P. Gas dealers, the Collector shall be the licensing authority within limits of his jurisdiction.
1. Subs. by G.S.R.47, dated 17.10.1985.
2. 'Coal Dump Holder', 'Coal Agents' deleted by G.S.R. 12 dated 21.4.1992.
(b) Collector shall be the licensing authority in respect of the wholesale trade of any article specified in Schedule I including the agents of Oil Companies within limits of his jurisdiction.
(c) Sub-divisional Officer and Special Officer, Incharge, Rationing shall be the licensing authority in respect of retail trade or any article specified in Schedule I with in limits of their jurisdictions.]
.-(1) Any person aggrieved by an order made by any officer under this Order may
(a) if the order is made by any officer lower in rank than the Collector appeal to the Collector; and
(b) if the order is made by the Collector, appeal to the Commissioner.
(2) No such appeal shall be entertained if not preferred within 30 days from the date of receipt of the order appealed against by the appellant.
(3) No order which adversely affects any person shall be passed under this clause unless such person has been given a reasonable opportunity of being heard.
(4) Pending disposal of the appeal, the appellate authority may direct that the order against which the appeal is made shall not take effect until the appeal
The Commissioner, suo-moto or on an application, may call for the record of any case decided by the Collector or the Licensing Authority under the provisions.of this Order and if he is satisfied that the Collector or the Licensing Authority
(a) has exercised a jurisdiction not vested in him or it; or
(b) has exercised the jurisdiction vested in him or it with material irregularity; or
(c) has improperly failed to exercise the jurisdiction vested in him or it;
he may pass such order as he thinks fit.
.-(1) The Licensing Autnority, 1[Secretary, Additional Secretary, Joint Secretary, Deputy Secretary of the Food, Supply and Commerce Department and the Divisional Commissioner,] Collector, Additional Collector, Additional District Magistrate (Supply), District Supply Officer, Assistant District Supply Officer, Deputy Inspector General of Police, Food-cum Additional Secretary, Food, Supply and Commerce Department, Superintendent of Police (Food), 2[Deputy Superintendent of Police (Food), C.I.D. Bihar and Inspector of Police (Food), C.I.D. Bihar,] Secretary to Food Commissioner, Food, Supply and
1. Subs. by G.S.R.47, dated 17.10.1985.
2. Ins. by G.S.R. 31 dated 28.7.1992.
Commerce Department, Magistrate Incharge, Flying Squad, Food, Supply and Commerce Department and Executive Magistrate, Block
.-(1) The State Government may, by general or special order by notificaiions in the Official Gazette, and subject to such conditions or restriction, as may be specified in such order, exempt any person or class of persons or firm or association of persons or any cooperative society from the operation of all or any provisions of this Order and may at any time suspend or rescind such exemption:-
Provided that no notification under this clause shall be issued except with the previous approval of the Central Government.
(2) Nothing in this Order shall apply to the purchase, sale or storage for sale of any trade article by or on behalf of
(a) The Central Government.
(b) The State Government.
(c) The officers,
.--(1) from the date of commencement of this Order, the licensing orders mentioned in Schedule III shall stand repealed 2[ xxx) and the provisions of this Order Shall have effect notwithstanding anything to the contrary contained in the licences repealed by this sub-clause.
2. omitted by G.S.R 47 dated 17.10.1985
1[(2) The repeal of the licensing order referred to in sub-clause (1) and the amendment order in respect of coal shall not affect-
(a) the previous operation of the said Order on anything duly done or suffered there under; or
(b) any right, privilege, obligation or liability acquired or incurred under the . said Orders; or
(c) any penally, forfeiture or punishment incurred in respect of any such
SCHEDULE I
PART 'A' [Foodgrains]
Added by G.S.R. 11 dated 11.9.1997.
1. Wheat 1[and wheat Product (excluding husk and bran)].
2. Barley.
3. Bajra.
4. Jowar.
5. Maize.
6. Rice.
7. Paddy.
8. Minor Millets (e.g.Regl, Kodo.)
9. Milo.
10. Sorghum.
11. Mixure of foodgrains (Gujji, Bejhar etc.)
PART'B' (Pulses
SCHEDULE - II
1. Tea (all kinds).
2. Tyre and Tubes (Cycle, Rickshaw, Car, Bus, Jeep, Truck, Tractor and Trolly, cart
pulled by animal and other vehicles).
3. Soaps (washing and bathing).
4. Detergent Powders.
5. Match box.
6. Cells of torches and transistors.
7. Chillies (Dry).
8. Exercise Books.
9. Fertiliser.
10. Bread.
1[11. Soda ash.
12. Paper (a
2[List of Licensing and Control Orders Repealed]
1. The Bihar Foodgrains Dealers Licensing .Order, 1967.
2. 3[xxx]
3. The Bihar Kerosene Oil Dealers Licensing Order, 1965.
4. The Bihar Coal Control Order, 1956 2[(clause 2(b), 6(c), 9, 10,11, 12 and 13 of this Order have not been repealed.]
5. The Bihar Vanaspati Dealers Licensing Order, 1967.
2[6. The Bihar Edible Oils Dealers Licensing Order, 1966.
7. The Bihar Cotton Cloth and Yarn (Control) Order, 1956.
8. The Bihar Cement Control Order, 1972 3[xxx] (only licensing provisions included in this Order).
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