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PUBLISHED BY AUTHORITY

notifications · 1955 · Odisha

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Parent: The Essential Commodities Act, 1955 (cdab52df286cab9db1ac36d89ca6129ce901de2a)

Text

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) Short title and Commencement .— This Order may be called the Odisha Public Distribution System (Control) Order, 2016. They shall come into force on the date of its publication in the Odisha Gazette . 2. Definition .— 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; (d) "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; (f) "Corporation" means Food Corporation of India constituted under the

Rule TOC

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: Provided also that such license obtained under any of the relevant licensing order in force on the date of coming into force of this order shall be deemed to be a license issued under this Order from the date of coming into force of this Order. (2) A separate license shall be required for each place of business dealing with essential commodity under the Public Distribution System: Provided that Gram Panchayat functioning as retail dealers shall not be required to obtain a separate license for opening 'Sub-centres' for sale within the Gram Panchayat area. In such cases, an endorsement on the license of the sub-centre(s) shall suffice for storage and sale at such 'Sub-centres'. (3)The licensee shall use Point of Sale (PoS) device and execute all the sale transactions under PDS through this device as a precondition to get the license to run the fair price shop from a date as notified by the Government: Provided that failure to implement the provisions of this sub-clause at any time without any valid reason shall lead to cancellation of license. 4. Appointment of Dealers and Grant of License .— (1) Dealers shall be appointed by licensing authorities by following such procedure and in such manner as may have been or may be prescribed by the State Government. (2) No Dealer shall be granted a license under this Order unless he has been appointed as such by the Licensing Authority under sub-clause (1). (3) Preference for appointment and for grant of license as dealer shall be given to Gram Panchayats or Urban Local Body, as the case may be,
10 · Duties and Responsibilities of Fair Price Shop Licensees. - (1)
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,—
13 · Facilities at Wholesale and Retail Points and Working Hours.—
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 5th day of each month of stocks receipts and deliveries of each of the essential commodities during the preceding month.
16 · Illegal Diversion or Substitution of Commodities under PDS.-
17 · Contravention of Conditions of License or Control Orders .-(1)
22 · Power of Entry, Search and Seizure etc.- (1) The Licensing Authority or any other Officer authorized by the Government in this behalf, may, with such assistance, if any, as he thinks fit,(a) require the owner, occupier or any other person in charge of the place, premises, vehicles or vessels in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of any license issued there under has been, is being or is about to be, committed, to produce any books, accounts or other documents showing transactions relating to such contravention; (b) enter, inspect or break open any place, premises, vehicles or vessels in which he has reason to believe that any contravention of the provisions of the Order or of the conditions of any license issued thereunder has been, is being or is about to be, committed, (c) take or cause to be taken extracts from or copies of any documents showing transactions relating to such contravention which are produced before him; (d) test or cause to be tested the weight of all or any of the essential commodities found in any such premises: Provided that, in entering upon and inspecting any premises, the person so authorized shall have due regard to the social and religious customs of the persons occupying the premises. (e) draw samples from the food grains found in the process of Public Distribution System in the Fair Price Shop premises or during transportation by H & T contractors and compare the same with the original samples to ascertain whether the stocks under Public Distribution System are in conformity with the specifications of FAQ standard; (f) search, seize and remove the stocks of the essential
23 · Exemption.— The State Government may, by a general or special order, exempt from all or any of the provisions of this Order, such persons or categories of persons for such period as it may deem appropriate for effective functioning of the Public Distribution System.
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 www.foododisha.in 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,—
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,—
31 · directions. 32. Savings: —
26 · This License shall be attached to any application for renewal. 27. This License shall be valid up to ______________ ______.
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3 · Date of
6 · (i) Signature of Help Desk (HD)
7 · (i) Signature of Verifying Functionary (VF)
8 · (i) Signature of DEO
6 · (ii) HD
7 · (ii) VF Code:
8 · (ii) DEO Code:
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