HARYANA GOVERNMENT

65512105af97bfe256077a56067676e222a7ba80 · 1955 · State unknown

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Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

Text

HARYANA GOVERNMENT FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order The 1st August, 2022 No. FG-1-2022/13137.— In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), read with Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Order GSR No. 630(E), dated the 31st August, 2001 read with para 5 of annexe to the Public Distribution System Control Order, 2001 and keeping in view the Targeted Public Distribution System(Control) Order,2015, the Governor of Haryana hereby makes the following Order regulating the sale and distribution of essential commodities, namely:- 1. (1) This Order may be called the Haryana Targeted Public Distribution System (Licensing and Control) Order, 2022. (2) It extends to the whole of the State of Haryana. It shall come into force on the date of its publication in the Official Gazette (1) In this Order, unless the context otherwise requires,- (a) "Aadhar Card" means the unique ID number issued by the Unique Identification Authority of India; (b) "Above Poverty Line Family" means the family which is Above Poverty Line and not included in any beneficiary list issued by Food, Civil Supplies and Consumer Affairs Department, Central or State Government from time to time; (c) "Act" means the Essential Commodities Act, 1955 (Central Act 10 of 1955); (d) "Additional Chief Secretary" means Additional Chief Secretary to Government, Haryana, Food, Civil Supplies & Consumer Affair Department; (e) "allocation month" means the month for which foodgrains are allocated by the Central Government and the State Government for distribution under the Targeted Public Distribution System; (f) "Antyodaya Anna Yojna" means the scheme by the said name launched by the Central G

Rule TOC

1 · (1) This Order may be called the Haryana Targeted Public Distribution System (Licensing and Control) Order, 2022.

4 · (1) No person shall operate a Fair Price Shop with any commodities under the Targeted Public Distribution System except under and in accordance with a license issued in this behalf by the licensing authority:

5 · (1) The Licensing authority shall call for applications through local publicity and munadi in the local area of the Fair Price Shop. For all categories the applicant shall be unemployed. Minimum qualification shall all categories as prescribed in section 2(r) for eligible applicant for Fair Price Shop;

6 · (1) Every license granted under this Order shall unless revoked or expired earlier, be valid for a period of one year or part of a year and may be renewed for a period of two years or part of a year at a time;

8 · (1) The licensing authority shall give a reasonable opportunity of being heard to the applicant and after hearing may refuse to renew license, if it is of the opinion that the performance of the Fair Price Shop owner was not satisfactory or that the Fair Price Shop owner has contravened any provisions of the Act or any Order issued there under or terms and conditions of license, or that the Fair Price Shop owner has other commercial interests, which may be detrimental to the smooth functioning of Targeted Public Distribution System or that the expected size of operations of the dealer is not economically viable or that the renewal of license may otherwise be not in the interest of efficient functioning of the Targeted Public Distribution System. The licensing authority shall pass a speaking order in this regard.

11 · The dealers and Fair Price Shop Owners shall arrange for providing following infrastructure and facilities at their business premises, namely: -

12 · (1) A Dealer and Fair Price Shop Owner shall maintain separate registers of accounts, sale or stock manually or electronically generated for each commodity supplied. He shall also maintain the record of the receipts or invoices of commodities received and disposed under the Targeted Public Distribution System and such other particulars, as the State Government or licensing authority may, by order, specify, in this regard;

13 · (1) No holder of a license issued under this Order shall contravene any of the terms or conditions of the license or of any control Order issued under the Act. If he contravenes any of the said terms or conditions, without prejudice to any other action that may be taken against him, supply shall be suspended immediately without giving any notice. If the licensing authority is satisfied that the Fair Price Shop Owner has contravened any of the conditions of the license or is not performing his duties properly such as:-

14 · Notwithstanding anything contained in clause 13, where a licensee has been convicted by a court of law in respect of contravention of any order made under section 3 of the Act relating to any of the commodities or under any of the Act or Order as may be applicable, the licensing authority shall, by order in writing, cancel his license immediately;

15 · The State Government or the Director or the Deputy Commissioner of the District or the licensing authority, as the case may be, may direct the licensee to submit a return in Form C from time to time.

16 · 1. All appeals against any Order of District Food and supplies Controller regarding Fair Price Shop Services as a Licensing Authority under this Order shall lie before the Deputy Commissioner of the concerned District. Such appeals shall have to be filed within a period of thirty days from the date of Order of the licensing authority.

2 · All appeals against any order of Director as a licensing authority as defined in section 2 (y) shall lie before the Additional Chief Secretary to Government of Haryana, Food Civil Supplies & Consumer Affair Department. Such appeals shall have to be filed within a period of thirty days from the date of order of the licensing authority.

17 · Where any person or licensee holding any stock of commodities under the Targeted Public Distribution System does not obtain or retain a license after commencement of this Order or where any licensee holding any stock of commodities does not renew a license or where his application for renewal thereof has been refused or cancelled or suspended as the case may be, the licensing authority may direct such person to dispose of stocks of commodities held by him by sale or transfer to such other person or persons by such date, as may be specified in the direction and the person shall comply with such direction.

18 · The State Government shall be empowered to issue such guidelines and directions from time to time, as it considers necessary to improve the efficiency and effectiveness of the Targeted Public Distribution System and for carrying out the purposes of this order.

19 · When supply of a Fair Price Shop is suspended or license is cancelled or Fair Price Shop Owner is unable to perform his duties due to death, illness or any other valid reason, the supply of that Fair Price Shop shall be attached to nearest Fair Price Shop keeping in view of the interest and convenience of beneficiaries. The balance stock of commodities shall also be shifted to the Fair Price Shop with whom supply is attached. Record and relevant entries in the documents of the balance stocks shall have to be maintained by the Fair Price Shop Owner with whom supply is attached. The Point of Sale device with related equipments and record shall also be handed over to attached Fair Price Shop in presence of concerned Sub Inspector of Food and Supplies or Inspector of Food and Supplies or Assistant of Food and Supplies Officer.

20 · . (1) The State Government shall issue distinctive paper or data based electronic ration cards to beneficiaries under the Targeted Public Distribution System. Ration cards shall be issued following such procedure, as may be prescribed by the State Government from time to time:

24 · . (1) No Fair Price Shop Owner or card holder on any person shall be allowed to cause interruption or interfere with the process of smooth distribution of scheduled commodities under the Targeted Public Distribution System or any other Government schemes at any level, till the scheduled commodity reached to the intended beneficiary. Any such attempt of interruption or interfering with such process shall be treated as an abetment and be deemed to have contravened this Order, thereby committed an offence under section 8 of the Essential Commodity Act, 1955 (Central Act 10 of 1955).

26 · The Rural Development Department, Haryana and Urban Local Bodies Department, Haryana shall collectively monitor and evaluate the Targeted Public Distribution System to ensure accountability and transparency as per guidelines issued by the State Government. Deputy Commissioner or licensing authority shall take action on the suggestions in the social audit report to make the Targeted public distribution system more effective. In case, if any contravention of this order or non- distribution or improper distribution of scheduled commodities by the Fair Price Shop Owners is found in the social audit report, the licensing authority may take action against the Fair Price Shop Owners as per the provisions of this Order.

2644 · HARYANA GOVT. GAZ. (EXTRA.), AUG. 1, 2022 (SRVN. 10, 1944 SAKA)

4 · The licensee shall complete his accounts as specified in clause 12 of the Haryana Public Distribution System (Licensing and Control) Order, 2022 for each day to which shall be upon him. There shall be no overwriting in the register, in case corrections are necessitated, the old entry will be scored off and new entry be recorded, duly initialed by the licensee.

5 · The licensee shall furnish the reports and returns as specified in clause 15 of the Haryana Public Distribution System (Licensing and Control) Order, 2022 He furnish correctly such information relating to his business as may be demanded by the licensing authority or by any officer authorized in this behalf.