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State of Himachal Pradesh - Section

Section 3 in 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 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:Provided that the authorization issued to the authorized wholesaler and fair price shop holder under the provisions of the Himachal Pradesh Specified Articles (Regulation of Distribution) Order, 2003 shall remain in force and shall be deemed to have been issued under this clause.
(2)Fair Price Shops shall not be allotted to following people:
(a)Fair Price Shops shall not be allotted to more than one member of a joint family. Mother, Father, Son, Daughter, Wife and Brother with his family living jointly, shall be considered under the definition of joint family for the purpose of allotment of fair price shops.
(b)Elected Pradhan/Up Pradhan/ Ward Member Gram Panchayat, Ward members of Block Panchayat Samiti / Zila Parishad/ Ward members of Nagar Panchayats, Councillors of Municipal Committee/Municipal Corporation, MLAs, MPs, and their family members till their tenure.
(c)Flour Mill owner
(d)Minor, Lunatic or unsound mind and un-discharged insolvent.
(e)Applicant shall not be given Authorization if he/she is finally convicted under the Essential Commodities Act, 1955 (Act No. 10 of 1955).
(f)If applicant holds the post of profit in the Government.
(3)Every application for an authorization shall be made to the Controller in Form 'A' giving therein the correct information as asked for therein alongwith such other information or documents as required.
(4)Every authorization issued under sub-clause (1) shall be in Form "B' in case of wholesaler and in Form 'C' in case of a fair price shop holder. A duplicate copy shall be retained by the Controller in his office and any alteration made in such authorization shall be duly recorded in it. The Controller shall record every authorization issued by him in a register prescribed by him.
(5)Subject to any general or specific direction issued by the Director in this behalf, every application for the issue of an authorization shall be considered giving due regard to,-
(i)The need for authorized wholesaler or the fair price shop holder in the area or locality in which the business premises of the applicant are situated;
(ii)The suitability and size of the premises for proper and safe storage and sale of specified Essential Commodities;
(iii)The suitability of the applicant in view of his past record of dealing in essential commodities and other business, if any, being carried on by him or his near relations in the same premises or in the same area or locality or elsewhere in the State of Himachal Pradesh;
(iv)The financial position and capacity of the applicant in performing the functions of a wholesaler or a fair price shop holder, as the case may be; and
(v)Any other factor considered relevant for the grant of an authorization under this Order.
(6)Every person applying for an authorization shall, before such authorization is issued to him, deposit authorization fee specified below in the Government treasury under the appropriate head of account and also deposit the amount of security, as specified below, in shape of FDR duly pledged in favour of the Controller by designation, in the manner as may be specified by him:-
      Authorization
    Security fee per annum
(i) Wholesaler 20,000.00 2500.00
(ii) fair price shop-holder 4,000.00 700.00
(7)Authorization shall be issued for a calendar year and would be valid upto 31st December of the year for which it has been issued.
(8)A separate authorization shall be necessary for each place of business. This would also be applicable in case of a branch/extension counter of a fair price shop.
(9)If any authorization is defaced, lost or otherwise destroyed, the Controller, may on application of the wholesaler or fair price shop holder, as the case may be, issue, on receipt of a fee of Rs. 1500/- for wholesaler and Rs. 500/- for fair price shop holder duly deposited with Government treasury, a duplicate authorization.
(10)The Controller may, after making such inquiry as may be deemed necessary, whether at the request of the wholesaler or fair price shop holder or suo-motu, add, amend, alter or delete the entries of the authorization relating to godown, place of business, area of operation and the name of parties etc.
(11)An application for renewal of authorization shall be submitted to the Controller before the expiry of the authorization alongwith the authorization renewal fee as specified in sub-clause (6):Provided that the Controller may entertain an application upto 31st March, upon the payment of late fee as prescribed below:-
  Wholesaler Sub-wholesaler Retailer /Fair Price Shop Holder
(i) For the first fortnight 100/- 50/-
(ii) For the second fortnight 150/- 75/-
(iii) For each subsequent fortnight 200/- 100/-
Provided further that if the authorization is not got renewed within 3 months after the expiry of the validity period i.e. upto 31st March of the year, the same shall stand cancelled and the security shall also stand forfeited to the Government. The cancellation of authorization and forfeiture of security in lieu of non-renewal of the authorization will not affect the right of wholesaler/fair price shop holder for revival of authorization after deposit of the usual authorization fee. However, authorization issued to a fair price shop holder /wholesaler shall stand cancelled, if the Fair Price Shop holder/ wholesaler fails to renew the authorization for more than two occasions:Provided further that if the authorized wholesaler/ fair price shop holder discontinues his business during the validity of the authorization, he shall have to surrender his authorization to the Controller to claim the refund of the security deposits.
(12)The authorization may be renewed at a time up to 3 years on deposit of authorization fee specified in sub-clause (6).Part-II Distribution and Supply of Specified Essential Commodities