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PUBLISHED BY AUTHORITY

notifications · 1955 · State unknown

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Parent: THE ESSENTIAL COMMODITIES ACT, 1955 (bac39fb263d3559d1cf00bdfe63ea462c35514fd)

Text

The Odisha 8 Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 504, CUTTACK, WEDNESDAY, MARCH 16, 2016/ FALGUNA 26, 1937 FOOD SUPPLIES & CONSUMER WELFARE DEPARTMENT THE ODISHA PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2016 NOTIFICATION The 16th March, 2016 No. 5761-09-17-15-18/2016/FS&CW. In exercise of the powers conferred by Section-3 of the Essential Commodities Act, 1955 (10 of 1955), read with Clause 9 of the Targeted Public Distribution System (Control) Order, 2015, and in supersession of the Odisha Public Distribution System (Control) Order, 2008 and as amended, except as respects thing done or omitted to be done before such supersession, the State Government do hereby make the following Order, namely: Chapter-I Preliminary) 1. Short title and Commencement. (1) This Order may be called the Odisha Public Distribution System (Control) Order, 2016. (2) They shall come into force on the date of its publication in the Odisha Gazette. 2. Definition. (1) In this Order, unless the context otherwise requires. (a) "Act" means the Essential Commodities Act, 1955 (10 of 1955); (b) "Acceptance Note" means the document used for acceptance of stock by DSC in-charge or RRC-cum-DSC in-charge or FPS dealer; (c) "Allocation Month" means the month for which food grains are allocated by the Central Government and the State Government for distribution under the Public Distribution System; "Auto-inclusion Criteria" means the criteria as specified in sub-clause (3) of clause 25 for automatic inclusion of priority household and as notified by the State Government from time to time; (e) "Appellate Authority" mean such officers as may be appointed by the State Government to exercise the power of the Appellate Authority under this Order; "Corporation" means Food Corporation of India consti

Rule TOC

8 · Gazette
2 · Definition.
3 · Licensing of Fair Price Shop Dealers (1) No person shall carry on the business as a dealer in any essential commodity under the Public Distribution System except under and in accordance with a license issued in that behalf by the Licensing Authority = Provided that the provisions of this sub-clause shall not apply to the dealerships directly operated by the OSCSC Limited: Provided further that a license obtained under any of the relevant licensing order in force on the date of coming into force of this Order shall be valid till the date of its expiry and a fresh license shall be obtained under this order before expiry of the date of such license:
8 · Security Deposit (1) Every dealer shall, before a license is issued to him, deposit an amount mentioned in the Schedule below by way of security in favour of the Licensing Authority in the manner provided in sub-clause (2) for each place of business as specified in the schedule below
9 · Power to cancel/ Refuse License.
10 · Duties and Responsibilities of Fair Price Shop Licensees: (1) Every licensee of a Fair Price Shop shall have following duties, namely ,_
11 · Duties and Responsibilities of Kerosene Wholesaler. _ (1) The kerosene wholesalers shall have following duties, namely ,
12 · Duties and Responsibilities of the State Level Transport Contractor, H&T Contractor at Level I and Level II and H&T Contractor for Sugar Zonal Depot (1) save as otherwise provided in this Order, all Handling and Transport Contractors shall;
14 · Maintenance of Accounts. (1) The dealer and wholesaler shall maintain separate registers of daily accounts for each of the PDS Commodities scheme-wise as follows, (a) the Stock Register in Form-D which shall contain following information, namely: (i) Opening stock of each day; the quantities received on each day; (iii) the quantities delivered or otherwise disposed on each day; and (iv) the closing stock of the day. (b) Sales Register for Antyodaya Anna Yojana, Priority Household, kerosene in Form-E; (c) Cash Memos; and (d) Tally Register for Fair Price Shop Retailers and kerosene wholesalers; (2) The Retailer and the wholesaler shall furnish other particulars as the Government or the Licensing Authority may, by order, in writing, specify in this regard. (3)It shall be mandatory on the part of the Dealer to preserve the books of accounts for inspection of the Competent Authority for a period of at least two complete financial years. 15.Submission of Returns. (1) The licensee shall submit to the concerned Licensing Authority reports and returns in the manner prescribed in DSS Guidelines both electronically and in hard copy SO as to reach him not later than the Sth day of each month of stocks receipts and deliveries of each of the essential commodities during the preceding month: (2)Notwithstanding anything contained in sub-clause (1) , the Central Government or the State Government or the Collector f the District or the Licensing Authority may direct the licensee to submit a return in Form-F.
21 · Power to Direct Disposal of Stock. S Where any person holding any stock of essential commodities under the Public Distribution System does not wish to obtain a license after commencement of this Order or where any licensee holding any stock of essential commodities does not wish to renew a license or where his application for renewal thereof has been refused or, as the case may be, his license has been cancelled or suspended, the Licensing Authority may direct such person to dispose of stocks of essential commodities held by him by sale/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.
24 · Eligibility ~ (1) The eligible households to be served under the PDS shall be identified by the State Government from the following categories with due regards to the percentage of population and the State ceiling as fixed by the Central Government under the Targeted Public Distribution System (Control) Order, 2015. (2)The eligible households are of two categories, namely , (a) Household as existing under the Antyodaya Anna Yojana, the scheme which was launched by the Central Government on the 25th December , 2000 and as modified from time to time; and (b) Households to be covered under the priority household category _ (3) Household of the category mentioned in item (a) of the sub clause (2) has been considered as one unit of recipient which shall be entitled thirty- five kilogram of rice per household per month: (4)The existing Antyodaya households shall continue to be the beneficiaries under Food Security Act, if they are otherwise eligible as per the criteria as notified by the State Government: (5) Households of the Priority Households mentioned in item (b) of sub-clause (2) shall be entitled for five kilograms of foodgrains per person per month 25. Identification of the eligible households under the 'Priority Household' category. (1) The State Government shall identify eligible households of the category mentioned in item (b) of sub-clause (2) of clause 24 on the basis of nine Exclusion Criteria" and five Auto-inclusion Criteria' provided hereunder. (2) Nine Exclusion Criteria shall be as follows, (a) A household which own(s) motorized three wheeler (two or more) or a four wheeler or a heavy vehicle or a trawler or motor boats (two or more); (b) Household having a member who owns mechanized agricultural equipment such as Tractors and Harvesters;
26 · Hosting of Beneficiary Database in Public Domain.- The State Government shall host the draft and final lists of eligible households in the State level web portal at WWWfoododishain and notice board of Gram Panchayats or Urban Local Bodies, showing the category-wise lists of eligible households and their members which shall also be made available in the Central Government's PDS portal: 27_ Ration Card Management System (1) A dynamic Ration Card Management System (RCMS) shall be maintained for management and updation of the ration card on the following circumstances, namely, (a) Beneficiaries who have been left out but otherwise eligible to get the ration card shall have to apply for issue of new ration card in the Form-G at the RCMS centre; (b) In case of loss, mutilation or damage, etc: the beneficiary has to apply in the manner as may be specified by the Government along with fee as may be decided by the Government, from time to time, for issue of duplicate ration card. The applicant has to give an undertaking in support of loss of old ration card or has to submit the mutilated or damaged ration card before receipt of the duplicate ration card in lieu of it; If the beneficiary needs to undertake any correction or change in any entry in the ration card with respect to information such as aadhaar number, EPIC number, change in relationship of the HoH, address, assigned Fair Price Shop, members , entitlements and such other matters, the beneficiary has to apply in Form-G along with fee as may be decided by the Government, from time to time and the beneficiary has to give the requisite information clearly along with documentary support for the request made; d) The beneficiary can be deleted from the RCMS database on voluntary withdrawal by the beneficiary or on being detected as ineligible as per the exclusion criteria or due to demise of the beneficiary;
29 · Penal Provisions for Fraud by Ineligible Beneficiaries ; (1) If any person coming under the exclusion criteria notified by the State Government obtains a ration card by providing false information, the following action shall be initiated against such person, namely , (a) Criminal proceeding will be initiated (b) The market cost of the foodgrains taken by such person shall be recovered from him/her as an arrear of land revenue with 10% rate of interest per annum from the date of receipt of the subsidized foodgrain; (c) In case of employees of Government or Corporation or PSU , departmental proceeding shall be initiated against such employees:
30 · Monitoring. Monitoring of the Public Distribution System shall be done as per procedures given below and modified by the Government from time to time by means of instructions issued by the Department: (1) The operation of Public Distribution System shall be monitored by the Advisory Committees formed by the State Government at different level like State Level, District Level, Block/ULB Level, Gram Panchayat/Ward Level (ULB) to oversee supply and distribution of PDS materials at Fair Price Shop points. They will have the function to monitor the functioning of PDS and act as Vigilance Committee for Fair Price Shops under their jurisdiction: The constitution and functioning of the said committees will be as per the guidelines issued by the State Government from time to time: (2) The Marketing Inspector Inspector Supplies Asst. Civil Supplies Officers in-charge of Block/ ULB will inspect at least 20% of the fair price shops under his/her control or fifteen FPS whichever is higher in a month and furnish report to the Licensing Authorities through the BDO/E.O of ULB seven days of inspection: (3) The Asst. Civil Supplies Officer of Sub-division shall verify the operation of SK Oil wholesaler Handling and Transport Contractors at least once every month and few FPS points (at least ten) within Sub-division and furnish report to the Licensing Authority within seven days of the inspection.
1 · Name of the Applicant:
11 · Income-Tax paid in last two years preceding the year of application. (to be indicated separately) (Income Tax clearance certificate is to be attached)
12 · Quantities of each of the PDS Commodities in the possession of the applicant on the date of application: 13. Details of area for which the applicant wants to operate. 14. Whether wiling to abide by the instructions as regards duties and responsibilities enumerated in OPDS (Control) Amendment Order, 2013 (affidavit to this effect is to be furnished):
15 · Whether the operation is to be done by self or by any authorised representative; if SO details of the authorised representative along with execution a deed of Power of Attorney to act on his /her behalf in day-to-day working is to be furnished:
16 · Employees' data (Name & address of all the employees including Driver, Helper; Manager, Clerk & other supporting Staff is to be furnished):
2 · (a) The licensee shall carry on the aforesaid business, i.e. store and sale essential commodities only at the following price:-
1 · Subject to the provisions of the Odisha Public Distribution System (Control) Order, 2016, read with the terms and conditions of this license Sri _ Son of islare hereby authorized to act as Handling and Transport Contractor Level & II, State Level Contractors and Contractor for Sugar Zonal Depot in the PDS Commodities as mentioned below: I Rice
2 · (a) The Licensee shall carry on the aforesaid business i.e. lifting and delivery of essential commodities only at the following place. BlockINAC/ Municipalityl District (b) He/She may lift the essential commodities from the authorized persons/depot and supply the same for sale at places specified under item 2 (a) above. 3_ The License is issued on the following terms and conditions: (A) The Licensee shall have adequate number of transport vehicles to lift the entire allotment of the month within the stipulated period and helshe shall take adequate measures to ensure that the PDS commodities are transported with adequate care and in proper condition SO that the quality of the stock is maintained till it reaches the FPS. The licensee shall also ensure that materials likely to contaminate food grains and sugar are not stored along with the same vehicle or in immediate juxtaposition of food grains and sugar: (B) The H & T Contractor should operate the business himself /herself or through a person to whom he shall give the power of Attorney: However; Accounts must be authenticated by the licensee himself/herself every day: In case the licensee desires to engage any employee, family member or agent to assist him/her in running the business, helshe should obtain prior permission from the Licensing Authority and the specimen signature of such persons should be authenticated on the first page of the delivery register by an official of the Civil Supplies Department:
18 · The Licensee shall abide by any instruction(s) issued, from time to time, by the Government or OSCSC or Collector or CSO-cum-District Manager for proper management of the H & T operations. 19. The Licensee shall complete his/her accounts as specified in clause 14 of the OPDS (Control) Order, 2016 for each day to which shall be upon him/her: There should be no over writing in the register. In case corrections are necessitated, the old entry will be scored off and new entry be recorded; duly initiated by the Licensee. 20. The Licensee shall furnish reports and returns as specified in clause 15 of the Odisha Public Distribution System (Control) Order, 2016. He/She shall furnish such information correctly relating to his/her business on every fortnight and month ending; as may be demanded by the Licensing Authority or by any officer authorised on this behalf. 21. The Licensee shall not contravene the provisions of the Odisha Public Distribution System (Control) Order, 2016 or any other Order relating to the essential commodities, issued under the Essential Commodities Act; 1955 (10 of 1955) or any other law relating to said essential commodities or business for being in vogue. 22. The Licensee shall give all facilities at all reasonable times to the Licensing Authority or any officer authorised by it or by State Government for inspection or his/her stocks and accounts in his office and during transportation of PDS stock in his/her transport vehicle and samples of such commodities for examination. 23. The Licensee shall open an office near the source point (where from helshe lifts the stock) and keep all relevant records, returns and produce the document to the Competent Authority on demand. 24.The Licensee shall get it recorded i.e. on details of PDS commodities date and time of delivery, depot of delivery, allotment month to which the stock relates to quantity in bags and weight in quintals, balance for lifting and time of despatch of the PDS commodities along with details of vehicle (s) and receiving depot under the signature of Lifting Officer or RRC-in-Charge or DSC-in-Charge or RRC-cum-DSC- in-Charge, as the case may be, in the delivery register prescribed by Government: 25. The Licensee shall comply with any direction, that may be given to him/her by the State Government or by the Licensing Authority with regard to lifting; movement and delivery of essential commodities and with regards to the language in which the register of accounts returns, price list receipt memo or invoices, mentioned in foregoing paragraphs (A) (B) (C) and (D) may be written:
26 · This License shall be attached to any application for renewal: 27. This License shall be valid up to
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