ESSENTIAL COMMODITIES RESERVES REGULATIONS

ESSENTIAL COMMODITIES RESERVES REGULATIONS

ESSENTIAL COMMODITIES RESERVES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
1. Application for registration as importer... ... ... ... A 2
2. Duty of applicant to produce documents ... ... ... ... ... ... ... ... A 2
3. Power of Controller to refuse registration ... ... ... ... . ... ... A 2
4. Duty of Controller to record particulars ... ... ... ... ... ... ... ... A 2
5. Form of permit to import .1 . ... ... ... ... ... ... ... . ... ... A 2
6. Duty of registered importer to keep specified records ... ... ... ... ... A 3
7. Duty of registeredimporter to transmit to Controller copy of register. etc. A 3
8. Discretionof Controller to authorize disposal of portion of reserve stocks A
9. Duty to keep reserve stocks in registered store ... ... ... ... ... 1. A 3
to. Manner of keeping reserve stocks ... ... 1 .. ... ... ... ... ... ... A 3
11. Directorof Accounting Services to pay proceeds of levy y into special fund A 3

12. Appeal to Governor in Council ............ ... ... ... ... ... A 3

13. Time for appeal .......................... ... ... ... ... A 3

14. Right of audience at hearing of appeal A 4

15. Time for sending notice of date of hearing A 4

16. Order of Governor in Council to be communicated in writing A 4

17. Revoked ...................... ... ... ... ... A 4

18. Citation .............................. ... . ... ... ... A 4

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 4





ESSENTIAL COMMODITIES RESERVES REGULATIONS

(Cap. 146, section 16)

[10 November 1939.1

1. Every application for the registration of any person as an
importer of a scheduled commodity shall-

(a)be substantially in Form 1 in the Schedule and shall
contain the particulars required to be set out in that Form;
and

(b) be signed by the applicant or by his duly authorized agent.

2. Every person who is an applicant for registration as an
importer of a scheduled commodity shall, if he is required so to do
by the Controller, produce such documents as may be necessary to
prove the correctness of any statement made by that person in his
application.

3. Where an application for registration as an importer of a
scheduled commodity is made by any person who should in the
opinion of the Controller be required, in accordance with the
provisions of section 7 of the Ordinance. to keep a reserve stock of
the scheduled commodity the Controller may refuse to register that
person as an importer of that commodity-

(a)if he is satisfied that that person will be unable to maintain
a reserve stock of the commodity in accordance with such
provisions; or

(b)if he is satisfied that that person is not able to arrange for
the storage of the reserve stock to the satisfaction of the
Controller.

4. Upon the registration of any person as an importer of a
scheduled commodity the Controller shall enter or cause to be
entered in the register of importers of that commodity such particu-
lars as he may deem necessary relating to that person, to his business
as an importer and to the registered store, if any, at which reserve
stocks of the said commodity will be kept by him.

5. A permit to import a scheduled commodity which is issued
under section 7 of the Ordinance shall-

(a) be substantially in Form 2 in the Schedule;

(b)be subject to the conditions set out in that Form and to
such other conditions as the Controller may, under sec-
tion 7 of the Ordinance, insert in such permit.





6. Every registered importer shall keep and maintain in the English
language-

(a)a register of imports of scheduled commodities which shall be
substantially in Form 3 in the Schedule; and

(b)a day-book which shall be substantially in Form 4 in the
Schedule.

7. (1) Every registered importer shall whenever called upon to do
so by the Controller or by any person authorized by him transmit to the
Controller a copy of or extract from the register kept under regulation 6.

(2) Every copy or extract shall be accompanied by a declaration
signed by the importer to the effect that the particulars contained
therein are true and accurate.

8. Notwithstanding anything contained in any conditions inserted
in a permit issued under section 7 of the Ordinance the Controller may,
in his discretion and subject to such conditions as he may impose,
authorize the holder of the permit to sell or otherwise dispose of any
specified portion of the stocks required to be held by him as a reserve.
Any condition so imposed shall be deemed for all purposes to be a
condition inserted in the permit by the Controller.

9. Except with the written consent of the Controller, no registered
importer shall keep, at any place other than his registered store, any part
of the reserve stocks which may be required to be kept by him.

10. Every registered importer shall keep his reserve stock of
scheduled commodities at his registered store in such manner that the
quantity thereof may be readily ascertained on inspection.

11. The Director of Accounting Services shall pay the proceeds of
any levy ordered by the Governor in Council under section 15 of the
Ordinance into a special fund which shall be used for the purposes
referred to in the said section.

12. Every appeal to the Governor in Council under the provisions
of the section 6 of the Ordinance shall-

(a)be made by written statement in English; and

(b)contain a concise statement of the grounds upon which the
appeal is preferred.

13. Every such statement of appeal shall be sent to the Clerk of
Councils within 10 days (exclusive of general holidays) of the date of the
receipt of the order against which the appeal is preferred.





14. The appellant and the Controller shall be entitled to appear and
to be heard at the hearing of an appeal in person or by a representative
authorized in writing for the purpose.

15. Notice of the date fixed for the hearing of an appeal shall be
sent to the appellant not less than 7 days before the date so fixed.

16. The order of the Governor in Council upon any such appeal
shall be communicated in writing to the appellant and the Controller by
the Clerk of Councils.

17. [Revoked, 31 of 1981, s. 65]

18. These regulations may be cited as the Essential Commodities
Reserves Regulations.

SCHEDULE [regs. 1. 5 & 6.]

FORM 1
APPLICATION FOR REGISTRATION AS AN IMPORTER OF ..........................

1 Name of applicant
2. Address of applicant

.(a)
.....................................................

3. Address of store or stores at which

reserve of .......(b) .....................................................

will be held ..................................

.(c)
.....................................................

4. Date of commencement of

business of applicant ................
...................

5. Quantity of
..................................................................................................

Description quantity

or Grade in bags

(a) already held by applicant .....................

(b) on order by applicant ...........................


(c)portion thereof already sold. contracted
to be sold or otherwise disposed of
..........................................................

(d)desired to be imported by applicant
during the period of ..............................
months from date of licence .................





Description Quantity

or Grade in bags

(e)portion thereof already sold, contracted
to be sold or otherwise disposed
of .............................. .. ................

6. Additional explanatory remarks .........................................................................

........................................... .............................

7. I hereby apply to be registered as an importer of ........ and
I agree to abide by all rules. regulations or conditions of any permit that
may be granted to me.

...........................

Signature of Applicant

FORM 2

PERMIT TO IMPORT
........................

............................... is are hereby
authorized by the Controller of Food to import .......... for a period of

one year commencing on the ........... day of ..................... 19 .

subject to the conditions set out hereunder-

CONDITIONS

1. The holder of this permit shall during the currency of this permit import a

quantity of ....................................which shall be not more than
.............................. piculs.

2. The holder of this permit shall within 48 hours after discharge of the

........ from the ship deliver to the Controller of Food a signed

statement in the appropriate form.

3. The holder of this permit shall at all times keep at his registered store or

stores a reserve stock of ................ amounting to ..................
piculs.

4.The holder of this permit shall on the 1st and 15th of each month transmit to
the Controller of Food a copy of or extract from his Register of Imports of
........................

5.The holder of this permit shall produce this permit for inspection whenever
called upon to do so by the Controller of Food or by any person authorized by
him or by any member of the Customs and Excise Service.

6. Reserve stock to be built up to ............... ................
piculs within 2 months from the................................ day of
. 19 ..........





7.Additions to the quantity mentioned in Condition (1) to be subject to double
levy and 15 per cent (15%) of same to go to reserve stock.

8.The holder of this permit is guaranteed against losses on disposal of reserve
stocks at end of permit period.

9.A levy of 12 cents per picul per month on all imports to continue. subject to
variation in the light of conditions prevailing from lime to time. 2 months'
notice of discontinuance of levy v to be given

10.A pro rata subsidy of 18 cents per picul per month in respect of reserve stocks
to be paid the holder of this permit. subject to variation in the light of
conditions prevailing from time to time, by agreement between Government
and Importers.

11.Any approved godown storage is permitted and if reasonable proof is submitted
showing no godown space is available. the holder of this permit

is to be temporarily exempt from his ............... reserve liabilities.

which exemption will also apply in event of an embargo on
...............................
exports being placed in the country from which he usually imports.

12................................ transhipped for elsewhere here than China Coast not to
count for

reserve stock liability.

11.Government to compensate the holder of this permit for any damage to or loss
of reserve stocks as a result of enemy action. riots and civil commotion.

...............................

Controller of Food

FORM 3

1984 Ed.

Form 4 G.N. 1033/39. G.N. 675/40. G.N. 710/40. G.N. 860/40. L.N. 16/77. 31 of 1981. Application for registration as importer. Form 1. Duty of applicant to produce documents. Power of Controller to refuse registration. (Cap. 146.) Duty of Controller to record particulars. Form of permit to import. Form 2. Duty of registered importer to keep specified records. Form 3. Form 4. Duty of registered importer to transmit to Controller copy of register, etc. Discretion of Controller to authorize disposal of portion of reserve stocks. Duty to keep reserve stocks in registered store. Manner of keeping reserve stocks. Director of Accounting Services to pay proceeds of levy into special fund. L.N. 16/77. Appeal to Governor in Council. Time for appeal. Right of audience at hearing of appeal. Time for sending notice of date of hearing. Order of Governor in Council to be communicated in writing. Citation. G.N. 675/40. G.N. 710/40.

G.N. 1033/39. G.N. 675/40. G.N. 710/40. G.N. 860/40. L.N. 16/77. 31 of 1981. Application for registration as importer. Form 1. Duty of applicant to produce documents. Power of Controller to refuse registration. (Cap. 146.) Duty of Controller to record particulars. Form of permit to import. Form 2. Duty of registered importer to keep specified records. Form 3. Form 4. Duty of registered importer to transmit to Controller copy of register, etc. Discretion of Controller to authorize disposal of portion of reserve stocks. Duty to keep reserve stocks in registered store. Manner of keeping reserve stocks. Director of Accounting Services to pay proceeds of levy into special fund. L.N. 16/77. Appeal to Governor in Council. Time for appeal. Right of audience at hearing of appeal. Time for sending notice of date of hearing. Order of Governor in Council to be communicated in writing. Citation. G.N. 675/40. G.N. 710/40.

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