Registered No.

WB/SC-247 No. WB(Part-I)/2008/SAR-127

The

Kolkata Gazette

Extraordinary
Published by Authority
CAITRA 29] FRIDAY, APRIL 18, 2008 [SAKA 1930

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury,
etc.

Government of West Bengal

excise Directorate
32, B.B. Ganguly Street, Kolkata - 700 012

No. 01-EXC Kolkata, the 16th April, 2008.

NOTIFICATION

In exercise of the power conferred by paragraph 9 of the West Bengal Molasses Control (Regulation, Storage and
Transport) Notified Order, 1986, I, the Excise Commissioner, West Bengal, do hereby make with immediate effect, the
following variations/amendments in the license granted to a dealer in Form B under paragraph 6 of the said Notified
Order :-
Variations/Amendments
Insert paragraph Nos. 8, 9 and 10 after paragraph 7 in Form B (License granted to a dealer) :-
“8. An account shall be taken by the Collector or the Superintendent of Excise of the stock of molasses, held by a
dealer in the first week of March, June, September and December and submitted to the Commissioner soon thereafter
whereupon the licensee shall be called upon by the Commissioner to explain, within a specified time, any deficiency
in excess of the limit of two percent. The Commissioner may, after considering the report and the explanation, and
after giving a hearing to the dealer, if sought for, record an order for proceeding in terms of this notified order or the
terms and conditions of the license.

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9. Every consignment of molasses imported into West Bengal either against a “No Objection Certificate” from
within India or against a “Permission” from outside India will be imported under the cover of (i) a transport pass
in the case of imports from outside India for covering the movement of molasses from the customs frontier to its
destination in West Bengal or (ii) an import permit-cum-pass in the case of imports from within India. Further, every
imported consignment arriving at an intermediate licensed location under the cover of (i) a “Permission” whenever
the movement to such intermediate location is covered by the “Permission” only and not by a transport pass or (ii) an
import permit-cum-pass-will travel to its final destination in West Bengal under the cover of a transport pass.

10. It shall be the duty of the licensee to exercise due diligence in cases of import, transport, possession, storage
and sale/use of molasses as per the requirements of the West Bengal Molasses Control Act, 1973 as amended and the
rules and orders made thereunder.

Explanation :-For the purpose of this condition, “due diligence” means a measure of prudence, activity, or assiduity,
as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular
circumstances and includes steps taken by a licensee or his authorized representative to inform the license issuing
authority about any event or activity which might be inconsistent with or violative of the conditions of a “No Objection
Certificate” or a “Permission” or an import permit-cum-pass, transport pass or an export pass as the case may be, as soon
as the licensee or his authorized representative is in a position to pass on information about such event or activity”.

By order of t he Governor,

TALLEEN KUMAR,
Excise Commissioner, West Bengal.

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