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

orders · 1955 · State unknown

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Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

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HARYANA GOVT. GAZ. (EXTRA.) AUG. 1,2022 SRVN. 10, 1944 SAKA) 2629 HARYANA GOVERNMENT FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT Order The Ist 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 3lst 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: - _ This Order may be called the Haryana Targeted Public Distribution System Short title, extent (Licensing and Control) Order; 2022. and commencement. (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 2_ In this Order; unless the context otherwise requires; Definitions a) Aadhar Card' means the unique ID number issued by the Unique Identification Authority of India; 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; "Act" means the Essential Commodities Act; 1955 (Central Act 10 of 1955); Additional Chief Secretary' means Additional Chief Secretary to Government, Haryana, Food, Civil Supplies & Consumer Affair Department; "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

Rule TOC

15 · The State Government or the Director or the Deputy Commissioner of the District or the Submission of licensing authority, as the case may be, may direct the licensee to submit a return in Form C from returns time to time 16. 1 _ AlL appeals against any Order of District Food and supplies Controller regarding Appeal. Fair Price Shop Services as 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 licensing authority as defined in section 2 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 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 Power to direct Distribution System does not obtain or retain license after commencement of this Order or disposal of stocks_ 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 O 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 Issue of direction time to time, as it considers necessary to improve the efficiency and effectiveness of the Targeted and guidelines_ 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 Attachment of Owner is unable to perform his duties due to death; illness o any other valid reason, the supply supply of commodities from of that Fair Price Shop shall be attached to nearest Fair Price Shop keeping in view of the interest one Fair Price and convenience of beneficiaries. The balance stock of commodities shall also be shifted to the Shop to another: 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 O data based electronic ration Issue of Ration cards to beneficiaries under the Targeted Public Distribution System. Ration cards shall be issued Cards. following such procedure, as may be prescribed by the State Government from time to time: Provided that ration cards shall not be issued to those persons who are not citizens of India and who are not residents or domiciles of the area of the State for which they are applying for ration cards. The applicant shall have to submit valid identity proof with the application for ration card. (2) No person shall - apply for r receive ration card if, a ration card has already been issued to him Or in favour of a member of his family with his name included in the card; give incorrect details O information while applying for a ration card for the family; (iii) willfully alter or destroy, deface Or permit to deface any of the entries in the ration card_ (iv) transfer to any other person; a Ration Card issued to him and use or dispose of or obtain such card except under and in accordance with the provisions of this Order: 3 Ration cards, issued prior to date of coming into force of this Order shall remain valid till such date, as the State Government may decide. Ration cards shall have clearly marked on it the name and address of the ration card holder; name, age of family members and their relation with head of family and name and number of the Fair Price Shop along with the address of its location from where the ration card holder is entitled to purchase commodities and such other details, as may be decided by the State Government:

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24 · No Fair Price Shop Owner O card holder on any person shall be allowed to cause Interruption in interruption Or interfere with the process of smooth distribution of scheduled commodities under the process of distribution. 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 O interfering with such process shall be treated as an abetment and be deemed to have contravened this Order, thereby committed an offence under section & of the Essential Commodity Act; 1955 (Central Act 10 of 1955). (2) Any authorized Fair Price Shop Owner O any other person who interfere with the process of distribution 0 abet the contravention of any of the provisions of this Order O the terms and conditions of authorization or the directions issued by the State Government, shall be prosecuted by the respective Station House Officer o receipt of report from the inspecting authority

25 · Every authorized Fair Price Shop Owner shall when so required by the officer authorized Delivery of in this behalf - documents and obligations to deliver all ration cards and other documents collected as per the orders of the State furnish certain information_ Government or for the purpose of this Order: (b furnish such particulars relating to their dealings in and stock of scheduled commodities, as may be required

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 0 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 O 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: 27. No person who is not holding a license in his name shall operate shop as proxy or benami Fair Price Shop or as de-facto owner by using a license granted to another person, group, Cooperative Society or Non Governmental Organization. 28. The State Government or any other officer authorized by the State Government in this behalf; by special O general order and subject to such conditions, as may be specified in the order, exempt any person Or class of persons from the operation of all Or any of the provisions of this Order. 29. The Haryana Public Distribution System (Licensing and Control) Order, 2009, is hereby repealed; Provided that such repeal shall not affect- a) the previous operation of any Order repealed under this clause (here in after referred to as the "repealed Order" or anything duly done or suffered therein; or any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Order; o any penalty, forfeiture O punishment incurred in respect of any offence committed under the repealed Order; Or any investigation, legal proceeding O remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture O punishment may be imposed as if this Order had not been issued. Provided further that notwithstanding anything mentioned in this clause; all applications for issue of license O renewal of license which have been filed under the provisions of the Haryana Public Distribution System (Licensing and Control) Order; 2009 and have not been finally disposed of on the date of coming into force of this Order; shall be disposed of in accordance with the provisions of this Order:

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