section 8
The provisions of the Code of Criminal Procedure, 3 [1989], shall apply so far as possible to all searches and entries made under this Act.
The Food Control Act, 1986General198613 sections
Statutory text
Power to commandeer stocks of shali or rice
- (1) Any person or persons other than an authorized agent of the 4 [Director, Kashmir Valley Food Control,] acquiring or holding shali or rice or any preparation thereof in excess of the quantity considered sufficient by the 1 [Deputy Commissioner of a District] to meet all legitimate house hold requirements (which shall include the requirements of guests and dependents according to the position of such person) for a period of one year, at any time may be required by notice in writing served in the manner provided in section 7, sub-section
- (2) by the 1 [Deputy Commissioner of a District] to hand over such surplus shali or rice or other preparation thereof to the 2 [Director, Kashmir Valley Food Control] or his authorized agents 3 [at the price sanctioned by the Government with the advice of the board constituted under the provisions of section 11 of the Act. Where shali or rice or any preparation thereof is commandeered at a place other than a recognized collection center, the price to be paid shall be the price fixed for the nearest collection center less nine pies per mile per kharwar for each mile of the distance from the nearest collection center.]
- (2) In the event of the person from whom shali or rice or other preparation thereof may be thus commandeered refusing to accept payment for the same at the rates 3 [sanctioned by the Jammu and Kashmir Government with advice of the Board constituted under the provisions of this Act] or refusing to give a proper receipt for the payment so made, the price due shall be deposited with the Tehsildar in whose Tehsil the shali or rice was lying at the time it was commandeered. On receipt of such deposit the Tehsildar concerned shall issue a notification through the Government Gazette to the effect that if the amount so deposited is not claimed within a period of six months after publication of the notification, the amount shall with the sanction of the 1 [Deputy Commissioner of a District] and the concurrence of the 2 [Director, Kashmir Valley Food Control,] be credited to Government and shall not be refundable unless the claimant can show cause to the 1 [Deputy Commissioner of a District] for not having claimed the amount previously.
- (3) In calculating the price to be paid for rice commandeered under this Act, ten tracks rice shall be taken as the equivalent of one kharwar shall, shall commandeered with the Srinagar Municipal area shall be paid for at a rate which shall be rupee one below the rate at which the Kashmir Valley Food Control Department is authorized to sell shall on the date such grain was commandeered.
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