[Authoritative English text of this Department Order No. FDS-A (3)-9/2016 dated the 5th March, 2019 as required under clause (3) of Article

1 · Short title, extent and commencement: (1) This order may be called the Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order; 2019.

3 · Issue of authorization to wholesalers and fair price shop holders: (1) With a view to regulate the distribution ofany 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 0 any other directions issued there under:

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4 · Supply by the Authorized wholesaler:- It will be obligatory on part of the authorized wholesaler to supply the specified essential commodities oly 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 requiredlasked 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 O 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: -

2 · Without prejudice to any action that may be taken under sub-clause (ii) in respect of contravention of any of the provisions of this order; the controller; within his jurisdiction, may forfeit the whole OT part of the security deposited under sub-clause (6) of clause 3 of this order O_ recover double the amount of differential cost between the market price and the Controlled price of diverted Specified essential commodities, if any, and thereupon the authorized wholesaler 0r the fair price shop holder, shall forthwith deposit; within the time frame, as specified by the Controller:

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. (2) Any Indian citizen O a person granted status ofa refugee permanently residing Or intending to reside permanently may apply to the concerned specified authority in Form F' for issue ofa ration card. The Form F shall be supplied by the specified authority to the person willing to obtain Ration card, free of cost.

11 · Procedure for obtaining supplies against Ration cards - The ration card holder may register himselfl 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: - With a view to regulate the distribution of any specified essential commodity(ies), the Controller, may issue O cause to be issued authorized document to any person(s) or institution or to the public in general:

2 · The Controller may at any time whether on the request of the Person to whom an authorized document has been issued or suo-motu add, amend, changel alter, suspend or cancel such authorized document after making such enquiry, as may be deemed necessary. Where any such document is suspended or cancelled, the person in possession of such document shall, forthwith, deliver the same to the Controller O an officer authorized by him in this behalf:

13 · Validity of authorized documents. (1) No person shall transfer any authorized document issued to him/ her under the provisions of this order O 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:-

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. The Director, where the order has been passed by the Controller Or specified authority; ji) The Secretary (Food, Civil Supplies & Consumer Affairs) to the Government of Himachal Pradesh where the order has been passed by the Director:

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

2 · No order shall be passed under this clause which adversely affects any person unless such person has been given a reasonable opportunity of being heard.

19 · Power to enter and inspect premises, require information, check accounts and seize articles etc: (1) The Director or Deputy Commissioner or the Controller o 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 O to satisfy himself that this order has been complied with and with such assistance as deems fit, may;

3 · The powers exercisable under this clause shall not be exercised except for the purpose of securing compliance of the provisions of this order:

20 · Repeal- The Himachal Pradesh Specified Articles (Regulation of Distribution) Order, 2003 is hereby repealed:

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1 · have carefully read the provisions of the Himachal Pradesh Specified essential commodities (Regulation of Distribution) Order; 2017 and [ agree to abide by them if granted the authorization applied for;

1 · Subject to the provisions of the Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order; 2019 and to the terms and conditions of this authorization, (Name and full address of applicant) is are, hereby, appointed as an authorized wholesaler in pursuance of the provisions of clause 3 of the aforesaid Order:

3 · The wholesaler shall not supply O offer or attempt to supply o cause to be supplied any specified essential commodity to any person other than a person who is a fair price shop holder or against a permit issued and except at such prices and in such quantum as may, from time to time, be specified by the Government O the Director o the Controller in this behalf and except under and in accordance with the provisions made by O under this order:

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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 7th of each month containing the information relating to the preceding month:

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 o 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.

12 · The wholesaler shall extend all facilities at all the reasonable time to the inspecting officerlofficial for the inspection of his stocks and accounts at his place of business and godown used by him for sale O storage for sale or any specified essential commodities.

13 · The authorization shall be displayed at a conspicuous placel office by the authorized wholesaler and shall be produced for inspection, when required

14 · The wholesaler shall be responsible for carrying out the purchase, storage and the sale of specified essential commodities efficiently and promptly in business like manner and in accordance with the directions issued in this behalf from time to time.

15 · The wholesaler shall not store any specified essential commodities outside the authorized premises without prior permission in writing from the Controller:

16 · The wholesaler shall promptly (but within twenty four hours of the event) inform in writing to the Controller in case any specified article stored by him O in transit is damaged or destroyed by accident (in transit Or otherwise) fire, flood and other natural calamities or lost in theft:

17 · The wholesaler shall not sell any specified essential commodity, not conforming to the standards prescribed under the Food Safety and Standard Act; 2006 or any other law for the time being in force.

18 · It will be the responsibility of Authorized Wholesaler to renew the authorization well within time.

19 · Any sum due from the wholesaler shall be recoverable as arrear of land revenue.

1 · Subject to the provisions of the Himachal Pradesh Specified essential commodities (Regulation of Distribution) Order; 2019 and to the terms and conditions of this authorization, (Name and full address of applicant)

3 · The fair price shop holder shall not sell or agree to sell or supply or agree to supply or cause to be sold or supplied specified essential commodities to any person except against the ration card registered with him or against any other authorized document and except at such prices and in such quantum as may be specified in this behalf from time to time and except under provisions made by or under this order:

4 · The fair price shop holder shall register the ration cards issued by the specified authority in the jurisdiction in which the shop is located in Form E appended to this Order:

5 · The fair price shop holder shall register ration cards of other areas if required to do so by the Controller:

6 · The fair price shop holder shall maintain a daily stock register for each of the specified essential commodities in Form-'D'_

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 7th of each month containing the information relating to the preceding month:

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 O arrange to take OT 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 ofany 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.

19 · The fair price shop holder shall not store any specified essential commodities outside the authorized premises without prior permission in writing from the Controller:

20 · The fair price shop holder shall promptly inform in writing to the Controller in case any specified article stored by him is damaged O destroyed by accident; fire, flood and other natural calamities or by theft:

21 · The fair price shop holder shall observe the prescribed working hours and the shop shall not be kept close during working hours without the prior permission in writing from the Controller O any other Officer authorized by him:

22 · The fair price shop holder shall not deal in any article of the open market which is declared to be a specified essential commodities under the Himachal Pradesh Specified essential commodities (Regulation of Distribution) Order; 2019.

23 · The fair price shop holder shall supply specified essential commodities only against valid and authorized document issued under the said Order.

24 · It will be the responsibility of Fair Price Shop Holder to renew the authorization well within time.

25 · Any sum due from fair price shop holder shall be recoverable as arrear of land revenue_

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10 · I do hereby solemnly affirm and declare as per the provisions of Section 199 & 201 of IPC that: - The information given in this form is true. b None of above persons are entered in any other Ration card in India. None of the persons mentioned above are in receipt of the ration from Armyl para military forces. None of above are residing abroad: None of my above mentioned sisters/daughters are married nor residing with me after marriage None of the persons mentioned are in receipt of regular diet from any Hostell Boarding House and their names are also not entered in the Ration cards issued for the Boarding/ Hostel: In case of any death birth in the family, the names will be intimated within one month:

11 · The applicant is the head of the family and I know him/her personally. I hereby certify that the information given above is correct.

1 · IfRation Card holder fails to draw quota of specified essential commodities during the month for which entitlement is made, the same shall stand lapsed.

2 · The quantum of specified essential commodities can be changed by the Government from time to time.

4 · The Ration card holder shall ensure the entry of the specified essential commodities in the ration card at the time of issue of the same.

8 · It is necessary to intimate about the increase or decrease in the number of family members at once to the specified authority who has issued the Ration card.

10 · Ration card shall not be used as a document f identity and proof of residence:

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