1. Short title and commencement.—(I) This Order may be called the Newsprint Control Order, 1962.

(2) It shall come into force at once.

2. Definitions.—In this order, unless the context otherwise requires,—

1. "consumer of newsprint" means a printer or publisher of newspapers, periodicals, text-books or books of general interest who uses newsprint;
2. "Controller" means the Chief Controller of Imports and Exports arid includes any officer appointed by the Central Government to exercise the powers of the Controller under this Order;

© "dealer in newsprint" means an importer of newsprint and includes the State Trading Corporation of India Limited, any stockist of the Corporation ³[an agent appointed by any Mill as specified in it item 3 of Sch. I for distribution of their newsprint and a person authorised by the newspapers for taking deliveries of newsprint on their behalf.

1.Omited by S.O 2698, dated the 26^th august,1965, published in the Gazette of India, Extraordinary, Pt.II,Sec.3(ii) dated the 26^th august, 1965.
2. Published in the Gazette of India, Pat.II,Sec.3 (ii), dated the 28^th March, 1964, vide S.O.No.E.C.A./3-64, dated the 17^th March, 1964.
3. Subs. by S.O.284(E), dated 26^th April, 1982.

Pt.III NEWSPRINT CONTROL ORDER. 1962 

(d) "licensing period" means the period from the 1st April to the 3Olh September of a year or from the 1st October of a year to the 31^st March of the following year;

l[(e) "newsprint" means paper of any of the descriptions specified in Sch. I, used for printing and shall include odd sized newsprint ²[whether produced indigenously by any mill as specified in item 3 of Sch. I or imported and certified to be as such by the Controller];

^l(ee) "reject newsprint" means any newsprint ⁴[produced by any Mill as specified in item 3 of Sch. I] which cannot be used by a printer or publisher on a rotary printing press on account of numerous joints or crushed central core in it or otherwise defective].

(f) "Schedule" means a schedule to this Order. '

3. Restrictions on acquisition, sale and consumption of newsprint.—(1) No person other than an importer shall acquire newsprint except under and in accordance with the terms and conditions of an authorization issued by the Controller under this Order.

(2) No dealer in newsprint shall sell to any person newsprint of any description or in any quantity unless the sale to that person of newsprint of that description or in that quantity is authorized by the Controller,
(3) No consumer of newsprint shall in any licensing period, consume or use newsprint in excess of the quantity authorised by the Controller from time to time.

5[(3-A)* * * *].

(4) An authorization under this clause shall be in writing in the Form set out in Sch. 11.
(5) In issuing an authorization under this clause, the Controller shall have regard to the principles laid down in the Import Control Policy with respect to newsprint announced by the Central Government from time to time.

Comment

Even the case of the newsprint for particular purpose needs sanction of the Controller.

4. Power to requisition stocks.—The Controller may, with a view to maintaining supplies of newsprint or securing its equitable distribution, by order, require any person other than a consumer holding stock of newsprint—

1. to sell the whole or a specified part of the stock to the Government or to an officer of the Government or to such other person or class of persons and at such price as may be specified in the order;
2. not to sell or deliver the stock without the permission in writing of the Controller;
3. if he is not the owner of the stock, to disclose the name of the owner.

5. Account and returns.—(1) Every dealer in newsprint and every consumer of newsprint shall maintain a true and correct account of newsprint acquired and disposed of by him and shall submit to the Controller—

1. within one month from the commencement of this Order, a return showing the stock of newsprint held by him at such commencement; and ------------------------------------------------------------------------------------------------

1. Subs, by S.O. 622 (E), dated the 30th October, 1975, published in the Gazette of India,
   Extraordinary, Pt. II, Sec. 3 (ii), dated the 30th October. 1975.
2. Subs, by S.O. 284 (E), dated 26th April, 1982.
3. Ins. by S.O. 622 (E), dated the 30th October, 1975, published in the Gazette of India,
   Extraordinary, Pt. II. Sec. 3 (it), dated the 30th October !975
4. Subs, by S.O. 284 (E), dated 26th April, 1982.
5. Clause 3-A omitted by S.O. 614 (E), dated 15th September , 1976 published in the Gazette of
   India, Extraordinary, Pt. II, Sec. 3 (\\), dated 16th September, 1976.

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ESSENTIAL COMMODITIES ACT, 1915 [Pt. III

(b) thereafter, for the half-year ending the 30th June and the 31st December of each year so as to reach the Controller within fifteen days of the close of the half-year, a return showing the stock of newsprint acquired and disposed of by him during the period covered by the return.

(2) The return referred to in sub-clause (1) shall be in the Form set out in Sch. Ill, [5-A. ****].

6. Power to call for information.—The Collector or any gazetted officer duly authorized by him in writing in this behalf may, with a view to securing compliance with this order,—

(a) require any person to give any information in his possession relating to the acquisition or disposal of newsprint;

(b) Inspect any books of account or other documents in the possession or under   the control of any person relating to the acquisition or disposal of newsprint..

Liability of a sleeping partner.—There may be partners better known as sleeping partners who are not required to take part in the business of the firm. There may be ladies and minors who were admitted for the benefit of partnership. The requisite condition is that the partner was responsible for carrying on the business and was during the relevant time in charge of the business.²

7. Saving.—Nothing-in this Order shall apply to

(a) the acquisition or sale of newsprint ³ manufactured by any Mill as specified initem 3 of Sch. I] not exceeding 200 kilograms In weight in any one transaction;

4r* * *i-

5[(aa) the acquisition or sale of reject newsprint ^fi|* * *|;

(b) any transfer of stock of newsprint by one consumer to another by way of loanfor a period not exceeding three months, provided that the transferee and the
transferor give to the Controller intimation of the transfer within thirty days thereof;

7[(c) sale of any kind of waste newsprint by any dealer in newsprint or the sale, acquisition, consumption or use of such newsprint by any consumer of newsprint].

8. Effect of order.—The provisions of this Order shall be in addition to but not in derogation of the provisions of any other law relating to newsprint.

Conviction on the basis of police witnesses—Propriety.—There is no law that police personnel should not be relied upon as witnesses,¹¹

. SCHEDULEI [SeeCl.2(e]

1, White printing paper (excluding laid marked paper) with fibre content of not less than 70 per cent., mechanical wood pulp.

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1. Omitted by S.O. 861 (E), dated 26th November, 1983 Earlier it was Inserted by S-O. 284 (E), dated 26th April, 1982.
1. Hamesh Chandra v. State of Madhya Pradesh, 1990 (1) E.F.H. 419 at p. 425 (M.P.).
2. Subs, by S.O. 284 (E), dated 26th April, 1982...-

4. Omitted by S.O. 622 (E), dated the 30th October, 1975, published In the Gazette of India,
   • Extraordinary, Pt. II, Sec. 3 (\t), dated the 10th October, I<*'/5.
5. Ins. by (bid.
6. Omitted by S.O. 284 (E), dated 26th April, 1982. 

7. Subs, by S.O. 2708, dated the 6th September, 1966, published In the Gazette of India,
   Extraordinary, PL II, Sec. 3 (ii), dated the 6th September, 1966.
8. Patlt Dhlhar u. State, 1987 E.F.R. 654 at p. 657 (Ca).}.

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Pt.III - NEWSPRINT CONTROL ORDER, 1962

2. Glazed newsprint.

'[(3) Indigenous newsprint manufactured by Nepa Mills, Mynore Paper Mills, Hindustan Paper Corporation (Kerala Newsprint Project) and any other Mill notified by the Central Government in the Official Gazette as Mill producing newsprint.]

SCHEDULE II

[See Cl 3 (4)]

Authorization for the acquisition/consumption of newsprint

M/s……………………. are hereby authorized to purchase ……….. m. tons of newsprint as classified under Section No. 44/V of ITC Schedule from the State Trading Corporation of lndia Ltd., New Delhi/National Newsprint and Paper Mills, Nepa Nagar, M.P. ²[Mysore Paper Mills, Hindustan Paper Corporation (Kerala Newsprint Project), etc.]:

(2) The quantity mentioned in para. 1 above is authorized for consumption of the following publications :

………………………………………………………………………………………………………………………

Name of the publication Circulation Quantity

……………………………………………………………………………………………………………………….

a)

1. etc.

…………………………………..............………………………………………………………………..

(3) The newsprint will be available at the scheduled prices on ex-godown Bombay/ Calcutta/Madras basis. It covers all charges to be incurred on the import of newsprint up to the time of storing, viz c.i.f., value, bank charges, storage charges, commission of the stockists, import duty, cartage from docks to godown and insurance charges, etc,