Introduction: The Ministry of Consumer Affairs, Food, and Public Distribution, under the Department of Consumer Affairs, has issued an order on November 6, 2023, amending the Removal of Licensing Requirements, Stock Limits, and Movement Restrictions on Specified Foodstuffs Order, 2016. This amendment is aimed at regulating the stock limits for pulses, specifically tur and urad, and will remain in effect until December 31, 2023.
Detailed Analysis:
1. Short Title and Commencement: The amendment is titled the “Removal of Licensing Requirements, Stock Limits, and Movement Restrictions on Specified Foodstuffs (Third Amendment) Order, 2023.” It comes into force with immediate effect.
2. Stock Limits on Pulses: The significant change introduced by this amendment is the imposition of stock limits on pulses, specifically tur and urad. The stock limits are as follows:
- Wholesaler: 200 Metric Tons (MT) for each of the pulse.
- Retailer: 5 MT for each of the pulse.
- Big chain retailers: 5 MT for each of the pulse at each retail outlet and 200 MT at the depot for each of the pulse.
- Millers: Stock limits will be the last 3 months’ production or 25% of annual installed capacity, whichever is higher.
- Importers: Importers are not allowed to hold imported stock beyond 60 days from the date of custom clearance.
3. Stock Declaration: Legal entities involved in the stocking of pulses, as mentioned above, are required to declare their stock positions on the portal of the Department of Consumer Affairs (nic.in/psp). If their stocks exceed the prescribed limits, they must bring them within the limits within 30 days of this notification. It is essential to regularly declare and update pulse stocks on the Department of Consumer Affairs portal.
4. Regulatory History: The principal order, as mentioned in the notification, was initially published in the Gazette of India in 2016. It has since undergone several amendments to adapt to changing circumstances.
Conclusion: The Ministry of Consumer Affairs, Food, and Public Distribution has taken measures to regulate the stock limits for pulses such as tur and urad. This amendment aims to ensure the availability of pulses and prevent hoarding or artificial scarcity. It is essential for stakeholders to adhere to these stock limits and comply with the reporting requirements on the Department of Consumer Affairs portal to avoid legal consequences. This regulatory change will remain in effect until December 31, 2023, and it is important for businesses and individuals involved in the pulses trade to be aware of and adhere to these new regulations.
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MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)
ORDER
New Delhi, the 6th November, 2023
S.O. 4826(E).— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order further to amend the Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs Order, 2016, namely:-
1. Short Title and Commencement-
1. This order may be called the Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs (Third Amendment) Order, 2023.
2. It shall come into force with immediate effect.
2. In the Removal of Licensing Requirements, Stock Limits and Movement Restrictions on Specified Foodstuffs
Order, 2016, in clause 3, in sub-clause (2), item (i) shall be inserted namely:-
” (i) Pulses namely tur and urad for a period up to 31st December, 2023 with following stock limits for all
States and Union Territories:
- Wholesaler: 200 MT for each of the pulse;
- Retailer: 5 MT for each of the pulse;
- Big chain retailers: 5 MT for each of the pulse at each retail outlet and 200 MT at depot for each of the pulse;
- Millers: Stock limits will be last 3 months production or 25% of annual installed capacity, whichever is higher;
- Importers: Importers not to hold imported stock beyond 60 days from the date of custom clearance.
3. Respective legal entities, as above, shall declare the stocks position on the portal (nic.in/psp) of Department of Consumer Affairs and in case the stocks held by them are higher than the prescribed limits then they shall bring the same to the prescribed stock limits within 30 days of issue of this notification.
4. It shall be ensured that pulses stock is regularly declared and updated on the portal of this Department i.e.
Department of Consumer Affairs.
[F.No. S-10/3/2019-ECR&E]
ANUPAM MISHRA, Jt. Secy.
Note: The principal order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 929(E), dated the 29th September, 2016 and was subsequently amended vide numbers S.O. 3341(E), dated the 27th October, 2016, S.O. 1288(E), dated the 25th April, 2017, S.O. 1600(E), dated the 17th May, 2017, S.O.2785 (E), dated the 25th August, 2017, S.O. 3136(E), dated the 27th September,2017, S.O. 3397(E), dated the 23rd October,2017, S.O. 3422(E), dated the 25th October,2017, S.O. 4079(E), dated the 27th December,2017 and S.O. 2414(E) dated the 13th June, 2018, S.O. 2826(E), dated the 6th August, 2019, S.O. 3540(E), dated the 29th September, 2019, S.O. 4298(E), dated the 28th November, 2019, S.O. 4341(E), dated the 3rd December, 2019, S.O. 4417(E), dated the 10th December, 2019, S.O. 4471(E), dated the 16th December, 2019, S.O. 901(E), dated the 27th February, 2020,S.O. 3776(E), dated the 23rd October, 2020, S.O. 2674(E), dated the 2nd July, 2021, S.O. 2871(E), dated the 19th July, 2021, S.O. 2423(E), dated the 2nd June, 2023 and S.O. 4221(E), dated the 25th September, 2023.
