Notification No. S.O.F.(Sugar) 5 (13/72).-- In exercise of the powers conferred by Section 3 of the Foodstuffs (Control) Act, 1958 (No. XX of 1958), in its application to the province of Punjab, the Governor of the Punjab is pleased to make the following Order:-

1. (1) This Order may be called the Punjab (Licensing Control) Order, 1972.

(2). It extends to the whole of Province of Punjab.

(3). It shall come into force at once.

2. In this Order unless there is anything repugnant in the subject or context, --

(i) "Commissioner" means the Commissioner of a Division and includes any other officer invested by Government with the powers of a Commissioner for the purpose of this order;

(ii) "Director" means the Director, Food, Punjab, and includes any officer appointed as such by the Government for the purpose of this Order;

(iii) "District Magistrate" means the District Magistrate of a district;

(iv) "Form" means a form as set forth in schedule II to this order;

(v) "Government" means Government of the Punjab;

(vi) "Household Consumption" means consumption or use of sugar by a person for his personal requirements and those of his household;

(vii) "Inspector" means all the Gazetted Officers of the Food and Cooperation Department, Punjab, The Assistant Food Controller, the Senior Inspecors, Food, the Godown Keepers, and all the District Magistrates, the Revenue Officers not below the rank of Naib-Tehsildar, the Police officers not below the rank of a sub-Inspector, within their respective jurisdiction and such Inspectors of the Food Department as are designated by the District Food Controllers to be incharge of a Mandi with respect to that Mandi and other Officers so designated by Government for the purposes of this Order;

(viii) "Licensing Authority" means the District Food Controllers, the Rationing Controller, the Deputy Director, Food and other Officers so designated by the Punjab Government for the purposes of this Order;

(ix) "Normal Quantity" means the quantity specified below or such quantities as Government may notify from time to time namely:--

(a) in relation to a person other than producer, the quantity required by him for his consumption or that of his household at the scales of two seers per head monthly for himself and for each member of his household for a period of two months;

(b) in case of a producer, for his personal consumption or that of his household a stock sufficient to last until the thirty-first day of October each year at the rate of two seers per head per month for himself and every member of his household or establishment;

(x) "Producer" means a person or persons carrying on the business of manufacturing sugar with aid of electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal energy;

(xi) "Retail Dealer" means a person who sells in any one transaction sugar in an aggregate quantity not exceeding ten maunds;

1[Provided that total stocks held shall at no time, exceed one metric tons].

(xii) "Schedule" means a schedule appended to this Order; and

(xiii) "Wholesale Dealer" means a person who sells sugar in any one transaction in an aggregate quantity exceeding ten maunds:

2[Provided that total stock held at one time exceed one hundred metric tons]

3. No person, other than a producer, shall engage in his own account or on behalf of any other as a commission, agent in any undertaking which involves the purchase, sale or storage for sale of sugar except under, and in accordance with, a license issued by the Licensing Authority under this Order.

Explanation.-- A person who stores sugar in excess of the normal quantity shall, unless the contrary is proved, be deemed to store sugar for sale.

4. No person to whom a license has been issued shall withhold from the sale the sugar stocked by him except:--

(a) in accordance with or under any law for the time being in force;

or

(b) on the ground that the sugar is meant for his fide private consumption or for supply to the Government of Pakistan or the provincial Government under a duly executed authority or contract.

5. No person shall, except on the authority in writing of the Director of the Licensing Authority, at any one time:--

(a) possess more than the normal quantity of sugar; or

(b) acquire any quantity of sugar if hereby the total quantity in his possession or under his control exceed the normal quantity; or

(c) sell, transfer or otherwise dispose of any quantity of sugar to any other person if he knows or may reasonably presume to know that by reason of such sale, transfer or disposal, the quantity of sugar in the possession or under the control of the other person will exceed the normal quantity:

Provided that nothing in this clause shall apply to--

(i) any authorized procurement agent of sugar appointed by the Ministry of Food, Agriculture and Under-Developed Areas (Food Wing), Government of Pakistan, or of the Food and Cooperative Department, Punjab;

(ii) such person or class of persons as may be exempted by Government for any specified period and on such conditions as may be specified by Government in this behalf.

6. Every person holding stock of sugar exceedng normal quantity shall regularly send to the Licensing Authority a fortnightly statement of stock by the dates and in the manner prescribed in paragraph 4 (ii) of Form "A" of Schedule II:

Provided that the Director may exempt any person or class of persons from the operation of this clause.

7. (1) The Licensing Authority may require any person or class of persons who, according to the information of the Licensing Authority hold stock of sugar in excess of the normal quantity, to declare and sell the stock held by him in excess of the normal quantity at such prices and to such persons  or class of persons or agency and in such manner as may be specified by it.

(2) The Licensing Authority may have the excess stock referred to in sub-Clause (1) seize, if the holder does not dispose them of in accordance with the direction issued by the Licensing Authority and it may then dispose them of in such manner as it deems fit.

(3) Any person, when called upon to declare his stock under sub-Clause (1), shall be bound to give a true, and correct declaration.

8. (1) Licenses issued by this Order shall be in Form "A" in schedule II and shall specify, among such other things as may be specified:--

(a) the place or places at which the Licensee may, carry on the dealings to which his license relates; and

(b) the places of storage.

3[(2) A license under this Order shall be issued on payment of a fee of Rs. 50.00 for one district and Rs. 10.00 for each subsequent district.

(3) A duplicate license shall be issued on payment of Rs. 25.00 for one district and Rs. 5.00 for each subsequent district when it is proved to the satisfaction of Licensing Authority that the original license was lost or damaged in a bona fide manner.

(4)A license granted under this Order shall, unless suspended, withdraw or cancelled, continue to be in force upto the end of the calendar year in which it is issued, and shall be renewable annually on the application of the licensee to the Licensing Authority by which the license was granted and on payment of the renew fee of Rs. 25 for the first district and Rs. 5 for each subsequent district: Provided that if the licensee fails to apply for the renewal thereof before the date on which it is due to expire, the license shall not be renewed unless:--

(a) the Licensing Authority is satisfied that there were good and sufficient reasons for the delay;

(b) the licensee pays an extra penalty of Rs. 25 for renewal after due date.].

9. (1) Application for license under Clause 3 of this Order shall be made in Form "B" of Schedule II, to the Licensing Authority of the district in which the applicant carries on or intends to carry on business involving the purchase, sale or storage for sale of sugar in wholesale quantities.

(2) If any applicant for a license carries on business or intends to carry on business in more than one district, he shall apply to the District Magistrate of the district where he usually resides;

Provided that a single application may include request to carry on business in a number of districts.

(3) Application for renewal of license under sub-Clause (4) of Clause 8 of this Order, shall be made in Form "BB" of Schedule II. Renewal of license shall when sanctioned by the Licensing Authority, be granted on the renewal endorsement from show in Form "C" of Schedule II.

10. (1) If any person holding a license under this Order contravenes any condition of the license then, without prejudice to any other action which may be taken against him, his license may be cancelled by the Licensing Authority after due notice.

(2) An appeal against cancellation of a license by the Licensing Authority shall lie to the District magistrate within thirty days of the issue of the order of the Licensing Authority. The decision of the District magistrate shall be final.

(3) notwithstanding anything contained, in sub-Clause (1), the Director may, at his discretion, after due notice and for reasons to be recorded in writing, suspend for a specified period or cancel a license issued under this Order.

11. For the more effective enforcement of this Order, an Inspector may--

(i) require any person to give information in his possession with respect to the purchase, sales, storage, transfer or disposal of sugar which is in his possession or under his control;

(ii) enter and search any premises and seize any quantity of sugar in respect of which he has reasons to believe that a contravention of this Order has been or is about to be committed; or

(iii) inspect or cause to be inspected any books or other documents relating to the purchase, sale, storage, transfer or disposal of sugar.

12. Any power under this Order exercisable by an authority subordinate to the Provincial Government may also be exercise by the Provincial Government.