Government of Himachal Pradesh Food, Civil Supplies & Consumer Affairs Department

a21bb3c209e62e5bf5b3d7bdae27fad97285111e · 1955 · State unknown

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Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

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Government of Himachal Pradesh Food, Civil Supplies & Consumer Affairs Department No. FDS-A(3)-9/2016 Dated-Shimla-2, the 5 th March, 2019 ORDER WHEREAS the Governor of Himachal Pradesh is of the opinion that it is necessary so to do for maintenance of supplies and securing equitable distribution and availability of some of the essential commodities at fair prices; NOW, THEREFORE, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the Government of India formerly Ministry of Agriculture and Irrigation (Department of food) Order GSR-800, dated 9 th June, 1978 and Ministry of Industries and Civil Supplies (Department of Civil Supplies and Co-operation) Order S.O. 681(E), and 682(E) dated 30 th November, 1974 and in pursuance of directions given in clause 9 of the Targeted Public Distribution (Control) Order, 2015 issued by the Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution), New Delhi vide G.S.R. 213 (E) dated 20 th March, 2015, the Governor of Himachal Pradesh, is pleased to make the following Order, namely:- PART-I PRELIMINARY Short title, extent and commencement. - (1) This order may be called the Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019. It extends to the whole of the State of Himachal Pradesh. It shall come into force from the date of its publication in the Rajpatra, Himachal Pradesh. Definitions. - (1) In this order, unless the context otherwise requires.- (a) “Act” means the Essential Commodities Act, 1955 (10 of 1955); (b) "Authorized document" means a permit or an authorization issued under this order for purchase or sale or storage for sale or distribution of any specified essent

Rule TOC

3 · Issue of authorization to wholesalers and fair price shop holders.— (1) With a view to regulate the distribution of any specified essential commodity, the Controller, with the approval of the Public Distribution Committee, may authorize any person or body of persons to be a wholesaler or a fair price shop holder as per the guidelines issued by the State Government/Director from time to time in this behalf for the purpose of this Order and, such wholesaler or fair price shop-holder, as the case may be, shall obtain and supply specified essential commodities in accordance with the provisions of this order or any other directions issued there under:

4 · Supply by the Authorized wholesaler.- It will be obligatory on part of the authorized wholesaler to supply the specified essential commodities only to the fair price shop holder against his/her signature, duly attested by the Sub-Divisional Magistrate or Tehsildar/ Naib Tehsildar or Inspector (Food Civil Supplies & Consumer Affairs) within his jurisdiction or against a valid authorized document and in such quantity and at such prices as may be specified from time to time, by the Government or Director or Controller in this behalf under and in accordance with the provisions of this Order.

5 · Instructions to Authorized wholesale.- (1) The authorized wholesaler shall maintain such forms and registers and submit such periodic returns and statements as may be required/asked for by the Director/Controller and comply with such general or special directions as may be issued by the Government or the Director or the Controller from time to time.

6 · Supply by Fair Price Shop holder.- No fair price shop holder shall sell or agree to sell or supply or agree to supply or cause to sell or supply specified essential commodities to any person except against the ration cards registered with him or against the authorized document issued by the competent authority concerned and except at such quantum and prices as may be specified from time to time by the Government or Director or Controller in this behalf in accordance with the provisions of this Order.

7 · Instructions to the Fair Price Shop holder.- (1) A fair Price shop holder shall register ration cards issued by the concerned specified authority in whose jurisdiction the shop is located. He may, however, register cards of other areas, if specifically permitted to do so through an order by the Controller. However, he shall not register ration cards if the total number of units registered with him exceeds the maximum units if such ceiling is specified by the Controller in this behalf:

8 · . Suspension/ cancellation of authorization and forfeiture of Security.- (1) The Controller within his jurisdiction, may, at any time whether:-

9 · Termination of authorization: - (1) Notwithstanding anything contained in this Order, the Controller may, with the approval of the Public Distribution committee, at any time, terminate the authorization by giving one month's notice in writing to the person(s) to whom an authorization has been issued under this order and then the authorization shall cease to be effective upon expiry of the period of such notice.

10 · Procedure for obtaining ration cards.- (1) The Ration card shall be issued in the name of eldest woman of the family above the age of 18 years and in case there is no woman above 18 years of age, ration card may be issued in the name of head of family till she attains age of 18 years in that family.

11 · Procedure for obtaining supplies against Ration cards.- The ration card holder may register himself/ herself with any of the fair price shop functioning in the concerned locality for obtaining supplies of specified essential commodities against such card:

12 · Power to issue authorized documents.- (1) With a view to regulate the distribution of any specified essential commodity(ies), the Controller, may issue or cause to be issued authorized document to any person(s) or institution or to the public in general:

13 · Validity of authorized documents.- (1) No person shall transfer any authorized document issued to him/ her under the provisions of this order or any specified essential commodity(ies) obtained against any such authorized document without prior written permission of the Director or the Controller or any other Officer authorized by the Government .

14 · Power to call for information and records.- Every authorized wholesaler or fair price shop holder, as the case may be, when so required by general or special directions by the Controller in this behalf shall:-

15 · Power to authorized supply and distribution of specified essential commodities other than by means of authorized documents.-

16 · Exemption.- The Government may, by General or Special order and subject to such conditions or restrictions as may be specified in such order, exempt any person(s) or any institution from the operation of all or any of the provisions of this order and may, at any time, suspend or rescind any such exemption.

17 · Appeal. - (1) any person aggrieved by an order, made by the Controller or specified authority may appeal within thirty days from the receipt of the orders to.-

18 · Revision.- (1) The Director may suo-motu or on an application, call for the record relating to case decided by the Controller or specified authority under the provisions of this order and if he is satisfied that the Controller or specified authority:-

19 · Power to enter and inspect premises, require information, check accounts and seize articles etc.- (1) The Director or Deputy Commissioner or the Controller or any Magistrate or any Officer of the Food, Civil Supplies & Consumer Affairs Department not below the rank of Inspector or any other Officer, if specifically authorized by the Director in this behalf, within his jurisdiction, may, in order to secure the compliance of this order or to satisfy himself that this order has been complied with and with such assistance as deems fit, may,-

18 · Declaration:

5 · The wholesaler shall submit monthly return in 'Annexure-III' to the Controller or any other person authorized by him so as to reach him by the 7 th of each month containing the information relating to the preceding month.

6 · The wholesaler shall not contravene the provisions of this order or any other law relating to the specified essential commodities for the time being in force.

7 · The wholesaler shall display the wholesale prices and stocks position of the specified essential commodities in bold letters at a conspicuous place of his business premises and shall not charge price more than that fixed under any law for the time being in force.

8 · Every wholesaler shall maintain proper record of purchase, receipt and distribution / sale of specified essential commodities and shall retain the same upto ten years in normal course or in case if any dispute is pending in the court / Department, then till the final verdict / decision of the court / department.

9 · The wholesaler shall comply with the instructions which may be given to him by the Government or Director or the Controller with regard to the language to be used in maintaining the accounts or record and the authorization of the registers maintained by him.

10 · The wholesaler shall issue to every fair price shop holder correct receipt or invoice giving his own name and address, the name and address of the fair price shop holder date of transaction, quantity sold, rate and the total amount charged; and shall keep a duplicate copy thereof to be made available for inspection on demand of the inspecting officer authorized in this behalf.

11 · The wholesaler shall be responsible for the safety of the specified essential commodities and for the safe custody of account books and record relating thereto. He shall take adequate measures to ensure that specified essential commodities stored by him are kept in countable forms and these do not get spoiled or damaged due to ground moisture, rains, insects, rodents and birds etc. He shall also ensure that fertilizers, insecticides and poisonous chemicals likely to contaminate such specified essential commodities are not to be stored along with these specified essential commodities in the same godown or in immediate juxtaposition to the stocks of the specified essential commodities.

7 · The fair price shop holder shall complete his accounts for each day on the day to which they relate unless prevented by sufficient cause to the satisfaction of the inspecting staff.

8 · The fair price shop holder shall submit a monthly return in Annexure-III to the Controller or any other Officer authorized by him so as to reach him by the 7 th of each month containing the information relating to the preceding month.

9 · The fair price shop holder shall comply with any instruction which may be given to him by the Government or the Director or the Controller, in regard to the language to be used in maintaining the accounts or record and the authentication of the registers maintained by him.

10 · The fair price shop holder shall display the prices and stocks position of the specified essential commodities in bold letters at a conspicuous place of his business premises and shall not charge price higher than the price fixed under any law for the time being in force.

11 · Every fair price shop holder shall maintain proper record of purchase, receipt and distribution/ sale of specified essential commodities and shall retain such record upto ten years in normal course or in case if any dispute is pending in the court / Department then, till the final verdict / decision of the court / department.

12 · The fair price shop holder shall extend all facilities, at all reasonable time, for the inspection of his stocks and accounts at his place of business and godown.

13 · The fair price shop holder shall take or arrange to take or cause to be taken the delivery of the specified essential commodities from the wholesaler within the period as specified by the Controller.

14 · The fair price shop holder shall not contravene the provisions of any other law relating to the essential commodities for the time being in force.

15 · The fair price shop holder shall be responsible for the safety of the specified essential commodities and for the safe custody of account books and record relating thereto. He shall take adequate measures to ensure that specified essential commodities stored by him are kept in countable form and are not spoiled or damaged due to ground moisture, rains, insects, rodents and birds etc. He shall also ensure that fertilizers, insecticides and poisonous chemicals likely to contaminate such specified essential commodities are not stored along with these specified essential commodities in the same godown or in immediate juxtaposition to the stocks of the specified essential commodities.

16 · The fair price shop holder shall maintain an inspection book which is to be made available to the inspecting staff when required and also a complaint book for inviting objections / suggestions from the ration card holders.

17 · The authorization shall be displayed at a conspicuous place in the business premises by the fair price shop holder and shall be produced for inspection when required.

18 · The fair price shop holder shall be responsible for carrying out the purchase, storage and the sale of specified essential commodities efficiently and promptly in a business like manner and in accordance with the directions and instructions issued in this behalf from time to time.

9 · Particulars of family members to be added for which Ration