O.1 Short title, extent and commencement

       (i) This Order may be called the Uttar Pradesh Coal Control Order, 1977.
       (ii) It extends to the whole of the State of Uttar Pradesh.
       (iii) It shall come into force on the date of its publication in official Gazette.

O.2 Definitions

       In this Order unless there is anything repugnant in the subject or context,-
       (a) "Bricks" means any bricks or tiles produced with the aid of slack coal but does not include firebricks or refractory bricks and tiles;
       (b) "Brick-kiln" means any kiln at which bricks are manufactured with coal and the premises appurtenant thereto;
       (c) "Coal" means coal, coke and other derivatives and includes slack coal, steam coal, soft coke, hard coke or dust coal of various grades but does not include cinder and products and by-products of coal;
       (d) "Dealer" means a person carrying on as a principal or agent, whether separately or in conjunction with some other business, the business of import, purchase or storage for sale and sale of coal, in wholesale and granted

O.3 Exceptions

       (A) Nothing in this Order shall apply to-
       (a) Movement of coal under the authority of the Coal Commissioner, Government of India or any other officer acting on his behalf;
       (b) Coal moved on Railway Account;
       (c) Movement of coal under and in accordance with a Military Credit Note on Defence Account;
       (d) Movement of coal meant for the use of any Central Government Department or Corporation or under Central Government quota or under sponsoring by any authority not under the adminis- trative control of the State Government :
       Provided that such coal is consumed entirely" by the Industry, Railway, Military, Central Government Department or Corporation or any other person for whom it is moved, as the case may

O.4 Licensing

       No person shall import coal and carry on business as a coal agent, carry on business as a coal depot holder or run a brick kiln with coal except under and in accordance with the terms and conditions of a licence issued under this Order X :
       Provided that any person who is engaged in such business as a coal agent at the commencement of this Order or any person who is so engaged as a Coal Depot Holder or is running a brick kiln with coal under a licence obtained by him under the Uttar Pradesh Coal Control Order, 1975, shall obtain a licence under this Order only from April 1, 1978 or the date of expiry of his current licence, whichever is earlier.

O.5 Issue of licence

       (a) Every application for the grant of renewal of a wholesale or retail licence for running a brick kiln with slack coal shall be made to the Licensing Authority in Form A appended to this Order.
       (b) Every licence granted or renewed under this Order shall be in Form B in the case of Coal Agent in Form C and in case of Coal Depot Holder, in Form D for running a brick kiln with slack coal and shall be subject to the conditions specified therein and such other conditions as the State Coal Controller or District Magistrate may prescribe from time to time.
       (c) An application for the renewal of a licence shall be so made as to reach the Licensing Authority before the date of expiry of the licence :
       Provided that the Licensing Authority may entertain an application within 30 days without any late fe

O.6 Period of licence and fee chargeable

       Every licence granted under this Order shall be valid up to 31st March next following the date on which it is issued and may be renewed from year to year or a maximum period of 3 years at a time on payment of the fee mentioned below :
       (a)
        For grant of a new licence
        Rs.
       
       (i)
        For wholesale trade
        .. 60.00
       
       (ii)
        For retail trade
        .. 30.00
       
       (i

O.7 Security

       (a) Each applicant for grant of a licence under this order shall, within a week of the demand and before issue of the licence, furnish a security of Rs. 1,000 in the case of Coal Agent, Rs. 200 in the case of Coal Depot Holder and Rs. 300 in the case of brick kiln run with coal in the form of fixed deposit in a Scheduled Bank duly pledged to the District Magistrate concerned, for the compliance of the provisions of this order and performance of the terms and conditions of the licence.
       (b) The licence shall, if the amount of security at any time falls short of the amount specified in the foregoing sub-clause, forthwith deposit the amount to make up the deficiency in the amount of security on being required to do so by the Licensing Authority.
       (c) The whole or any part of the amount of the security which is not forfeited under the provisio

O.8 Directions regarding import, purchase, sale, storage and distribution

       (i) A licence under this Order-
       (A) shall acquire full quota of coal allotted to him, unless prevented by sufficient cause to the satisfaction of the District Magistrate;
       (B) shall comply with any direction that may be issued to him from time to time by the State Coal Controller or the District Magistrate in regard to import, purchase, sale, storage or distribution of coal or for running a brick kiln with coal and sale and distribution of bricks, as applicable to him.
       (ii)
       (A) The coal agent shall not sell coal at rates higher than those fixed from time to time by the District Magistrate in the following manner-
       (a) F.O.R. colliery price actually paid by the dealer;
     &nb

O.9 Maintenance of accounts

       (a) Every dealer shall maintain a true account of the stock of daily receipt and disposal of coal and keep it up-to-date at the place of his business for inspection as and when required.
       (b) Every Coal Depot Holder shall maintain a daily register of sales in suitable form.
       (c) Every licensee shall send an accurate monthly stock return in Form E to the District Magistrate by the 7th day of the month following the month to which it relates.

O.10 Display of stock position

       Every dealer shall display at a onspicuous place of his business premises, the opening balance and price of each variety of coal in stock before the commencement of business on each day :
       Provided that a wholesale dealer or Coal Agent, who does not stock coal physically shall not be required to display the stock position.

O.11 Delivery of Consignments of Coal by rail

       All licensees and there person acting on their behalf shall submit the Railway Receipts pertaining to consignments of coal for counter signatures, before taking delivery thereof from the Railway-
       (a) to the Licensing Authority or in his absence to any other officer authorised by him in this behalf as respect coal referred to in clause 2 (k) (a); and
       (b) to Zonal Industries Officer or in his absence any other officer authorised by him in this behalf as respects coal referred to in clause 2 (k) (b).

O.12 Export of coal bricks

       No person shall export, cause to be exported or offer for export coal or bricks produced with the aid of slack coal from the territory of Uttar Pradesh without obtaining prior written permission from the representative State Coal Controller:
       Provided that nothing in this clause shall apply to bona fide traveller carrying to any place, outside the State of Uttar Pradesh coal, not exceeding ten quintals in weight, as a part of his household effects.

O.13 Power of entry, search, seizure, etc

       (i) The State Coal Controller or Licensing Authority or any Inspector may, with a view to securing compliance with this Order-
       (a) enter upon and inspect any premises on which he has reasons to believe that coal has been or is being or is likely to be kept, stored, distributed, disposed of or to and from which coal has been or is being, or is likely to be removed or transported;
       (b) stop and inspect any vehicle or animal in or on which coal is being carried for sale, supply or storage or for any other purpose;
       (c) seize coal found in the possession of any person or in any vehicle or on any animal in respect of which he has reason to believe that contravention of this Order has been, or is being, or is about to be committed; and
       (d) seize any record

O.14 Power to call for information

       Every licensee under this order or other user of coal shall, when so required by general or special directions by the State Coal Controller or the Licensing Authority, furnish truthfully and to the best of his knowledge such particulars or information relating to coal or bricks as may be required.

O.15 Penalties

       (1) If any person imports or sells, or uses coal for burning bricks without obtaining a licence in appropriate form as prescribed in this order or sells coal in contravention of clause 3 or exports coal in contravention of clause 12 or abets or causes to be abetted such import, sale, use of export or (a) cancels, destroys, mutilates or defaces any book or any other documents, or (b) refuses to give any information lawfully demanded of him under this order or gives false information, or (c) acts in contravention of any other provision of this order, he shall be punishable under the provisions of Essential Commodities Act, 1955.
       (2)
       (i) If a licensee under this Order or his agent or servant or any other person acting on his behalf :
       (a) obtains a licence by giving wrong facts in the applicatio

O.16 Effect of suspension or revocation of licence

       Suspension or revocation of a licence or forfeiture of security in whole or in part shall not entitle a licensee to any compensation or to the refund of any fee paid by him for such a licence.

O.17 Power of State Government to call for records and pass orders

       The State Government may call for the records of any case and pass such orders in the case as may in the circumstances, appear to it necessary in the public interest.

O.18 Power to exempt

       The State Government or, for reasons to be recorded in writing, the State. Coal Controller may by general or special order, exempt any person or class of persons from the operation of all or any of the provisions of this order and may also at any time Suspend or rescind such exemption.

O.19 Savings

       Any order made or directions issued or deemed to be made or issued under the Uttar Pradesh Coal Control Order, 1975, or Uttar Pradesh Bricks Control Order, 1971 (as amended from time to time) and in force immediately before the commencement of this order shall continue and to be an order made under this order or directions issued under this order.