State of Himachal Pradesh - Act
Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019
HIMACHAL PRADESH
India
India
Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019
Rule HIMACHAL-PRADESH-SPECIFIED-ESSENTIAL-COMMODITIES-REGULATION-OF-DISTRIBUTION-ORDER-2019 of 2019
- Published on 5 March 2019
- Commenced on 5 March 2019
- [This is the version of this document from 5 March 2019.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
3. Issue of authorization to wholesalers and fair price shop holders.
| Authorization | |||
| Security | fee per annum | ||
| (i) | Wholesaler | 20,000.00 | 2500.00 |
| (ii) | fair price shop-holder | 4,000.00 | 700.00 |
| 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/- |
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 wholesaler.
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.
8. Suspension/cancellation of authorization and forfeiture of Security.
9. Termination of authorization.
10. Procedure for obtaining ration cards.
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:Provided that the Controller, where deemed necessary, for proper functioning of the Targeted Public Distribution System, may, by an order , direct any ration card holder to register himself/ herself with any particular fair price shop within his area.12. Power to issue authorized documents.
13. Validity of authorized documents.
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.
18. Revision.
19. Power to enter and inspect premises, require information, check accounts and seize articles etc.
20. Repeal.
- The Himachal Pradesh Specified Articles (Regulation of Distribution) Order, 2003 is hereby repealed.'Form-A'[See Clause-3(3)]The Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019ToThe District Controller, Food, Civil Supplies & Consumer Affairs,.............................................................................Sir,I / we, hereby apply for the grant of authorization for being appointed as a Wholesaler/Fair Price Shopholder under the aforesaid Order. The requisite particulars are given hereunder:-1. Full name of the applicant :
2. Father / Husband's name :
3. Date of Birth:
4. Educational Qualifications (Attach Certificates):
5. Category SC/ST/OBC/IRDP (Attach Certificates):
6. Complete residential address of the applicant Including Ward and Panchayat:
7. Capacity in which applying (Attach Certificate):
• Ekal nari• Widow raising children on her own• Mahila Mandal• Co-operative of women or other collective of women• Physically handicapped person• Ex-serviceman/Unemployed educated youth with no family member in regular employment• Gram Panchayat• Co-operative Society8. Complete address of the business premises including size (enclose site plan):- [State whether owned or hired (attach proof)].
9. Complete address of the godown (s) with storage capacity. (enclose site plan):- [State whether owned or hired (attach proof)].
10. In case of co-operative society / company / firm, state the names and address of all the Office Bearers/ Directors / Partners:
1.
2.
3.
4.
11. Whether the firm or the applicant or any one of the partners have any share in any flour Mill/Chakki or any Fair Price Shop or wholesale functioning in the State of Himachal Pradesh. If so, give full particulars of such Chakki, Fair Price Shop or Wholesaler.
12. Whether the applicant of the firm or any of the partners are running any business in essential commodities in the locality for which authorization is applied for, if so, give complete name and address of the store along with commodities being dealt therein.
13. Whether the applicant or the firm or any of its partners has previously been running a fair price shop or working as a wholesaler ? If so, give full details thereof and reason of its closure.
14. Whether the applicant or the firm or any of its partners is holding any license issued under the Essential Commodities Act, 1955 or Orders issued thereunder. If so, give full details thereof.
15. Whether the applicant or the firm or any of its partners have ever been convicted of any offence under Essential Commodities Act, 1955, if so, give full details.
16. Whether any case or legal proceedings or Prosecution under the Essential Commodities Act, 1955 and order issued thereunder is pending in the Food, Civil Supplies & Consumer Affairs, Department or in the court against the applicant or the firm. If so, No. and date of F.I.R. and police station where registered alongwith brief particulars of the charges and present stage of the proceedings be given.
17. Whether the applicant or the firm has ever been declared as insolvent by the competent court or as defaulter by any bank and whether he/or it is financially capable of running the business for which authorization is applied for without the aid and assistance of any third party. Brief description of liabilities and assets including Bank Accounts/ Deposits etc. be mentioned.
18. Declaration :
| Dated ..................... | Signature of the applicant. |
| Place...................... |
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.
2. (a) The wholesaler shall carry on the business at the following place:-
..............................................................................................................................................................................3. The wholesaler shall not supply or offer or attempt to supply or 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 or the Director or the Controller in this behalf and except under and in accordance with the provisions made by or under this order.
4. (i) The wholesaler shall maintain a daily stock register in 'Annexure-I' showing therein the true and correct account of the purchases and sales of each of the specified essential commodities and shall also maintain a daily sale register in 'Annexure-II'.
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.
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.
12. The wholesaler shall extend all facilities at all the reasonable time to the inspecting officer/official for the inspection of his stocks and accounts at his place of business and godown used by him for sale or storage for sale or any specified essential commodities.
13. The authorization shall be displayed at a conspicuous place/ 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 a 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 or 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.
| Place ..................... | Signature and Stamp of the controller. |
| Date...................... |
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 fair price shop holder in pursuance of the provisions of clause 3 of the aforesaid Order.
2. (a) Place of Business.....................................................................................
..................................................................................................................................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'.
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 7th 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.
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 or 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 or 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.
| Place ..................... | Signature and Stamp of the controller. |
| Date...................... |
| Date | Name of Specified articles | Opening Balance | Quantity Received | Total | Quanitity Sold | Closing Balance | Remarks if any |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Date of Registration | Registration No. allottedby fair price shop | Name of Consumer card holder | Complete address | No. of Consumer Card allotted by the specifiedauthority | |
| 1 | 2 | 3 | 4 | 5 | |
| No. of Units | Signature of the Ration Card holder | Status of LPG DBC/SBC/No LPG (Please tick) | Remarks, if any | ||
| Adult | Children | Total | |||
| 6 | 7 | 8 | 9 | 10 | 11 |
| Sl. No. ......................... | Date........................ |
1. Particulars/ Nature of Ration Card:
| (i) New (ii) Duplicate (iii) Replacement (iv)Surrender (v) Addition (vi) Deletion of Member (vii) Change ofAddress (viii) New A/c. of member with address verification. | |||
| (i) Panchayat / Town | Ward No. (in case of Town) | Block | District |
| (ii) | (a) Name of Head ofFamily (in Block letters) | ||
| _________________________________________________________________ | |||
| (b)Father/ Husband Name :__________________________________________ |
2. Date & reason of arrival in the distribution area:__________________________________
3. Total Monthly income of family from all sources (including allowances for employees of the Govt./Semi-Govt. department/Corporation/ Boards etc.
4. Nationality:
5. (a) Complete Address on which Ration card is required:
| (i) _____________________________________________ | |
| Pin Code | |
| _____________________________________________ | |
| (ii) Address (in case of change of address) | |
| _____________________________________________ | |
| _____________________________________________ | |
| (b) Office address & designation (in case ofemployee) | |
| ________________________________________________ |
6. Status of Residence:
7. LPG connection: Yes/ No (if available) Consumer No.__________________ DBC/SBC: (Please tick) Company:
IOCL/HPCL/BPCL__________________________________________________________8. Bank detail of Head of family (or any other family members)
| (i) Bank Name _______________________ | (ii) Branch Name___________________ |
| (iii) Saving A/c. No. _______________________ | (iv) IFSC Code_______________________ |
9. Particulars of family members to be added for which Ration card is required:-
| Sl. No. | Name of family members | Relationship with Head of family | Occupation | Date of Birth | Place & Date from where came with date ofarrival | Aadhar No. | Mobile No. |
| 1. | |||||||
| 2. | |||||||
| 3. | |||||||
| 4. | |||||||
| 5. | |||||||
| 6. | |||||||
| 7. | |||||||
| 8. | |||||||
| 9. | |||||||
| 10. |
10. I do hereby solemnly affirm and declare as per the provisions of Section 199 & 201 of IPC that:-
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.
Signature of the Certifying/ attesting Officer alongwith designation and seal.Instructions for Filling in the Application| Adults | Children | Infants | Total members |
| Dated:__________________ | Signature of Ration Card preparing Officer/Official. |
1. If Ration 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.
3. The Ration card holder shall not keep or allow keeping his ration card with the fair price shop holder as, by doing so the same can be misused.
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.
5. 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, the ration card may be issued in the name of head of family till a woman attains age of 18 years in that family.
6. It may be ensured that only those members of family are mentioned in the application form who are living permanently with the head of family.
7. When a card holder leaves the distribution area he/ she shall deposit the card in the office of the concerned specified authority and obtain necessary surrender certificate to facilitate issuance of card at the new place.
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.
9. The only person whose name is entered in the ration card is entitled to draw the specified essential commodities unless permitted otherwise and the card is valid only for the persons mentioned therein.
10. Ration card shall not be used as a document of identity and proof of residence.
Note.- Non-compliance of the above instructions may render the fair price shop holder/card holder liable for action under the Essential Commodities Act and Departmental Orders/ Rules.Government of Himachal Pradesh Food, Civil Supplies & Consumer Affairs DepartmentCard No................................Ration CardCategory : APL/ AHH/ PHH (BPL, ABPL)...........................................................City/Town/Panchayat...........................................................................................................................1. Name of the Village & Ward ......................................................................................................
2. Code No................................................... Serial No. ................................................................
3. Name of the Head of the family ...............................................................................................
4. Father / Husband ........................................................................................................................
5. Full address ...............................................................................................................................
..................................................................................................................................................| 6. | Sl. No . | Number of family Member | Adults | Children | Infants | Total Member |
7. Gas Consumer No...................... Single / Double Cylinder.......................
8. Date from which the card is valid for drawing specified essential commodities
| Signature or Thumb impressionof RationCardholder | Signature of the Specified Authority withseal. |
| Dated .......................... |
| 9. Particulars of Family members:- | ||||
| Sl. No. | Name | Age | Relationship with the Head of family | Aadhar No. |
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | ||||
| 6. | ||||
| 7. | ||||
| 8. | ||||
| 9. | ||||
| 10. | ||||
| Total family members.. |
| Month | Sugar | Rice | Wheat Atta | Pulses | Salt | Edible oil | K/Oil | ||
| 1 | 2 | 3 | |||||||
| January 20.. ) | |||||||||
| February 20....) | |||||||||
| March 20....) | |||||||||
| April 20.... ) | |||||||||
| May, 20....) | |||||||||
| June 20.... .. ) | |||||||||
| July 20... .. ) | |||||||||
| August 20..... ) | |||||||||
| September 20... .. ) | |||||||||
| October 20..... ) | |||||||||
| November 20.... .. ) | |||||||||
| December 20.... .. ) |
1. Ward / Name of the village......................................................................................................
2. Code No................................................... Serial No................................................................
3. Name of the Head of family .................................................................................................... Father / Husband ....................................................................................................................
4. Full address .............................................................................................................................
..................................................................................................................................................................................................................................................................................................| 5. Number of family members | Adults | Children | Infants | Total Member |
| ------------------- | --------- | ------------- | ---------- | ---------------- |
6. Status of LPG (Please tick whichever is applicable)........ SBC/ DBC/No LPG
7. This card is valid from (date)................. to (date).............. only for kerosene oil
| Signature or thumb Impressionof Recipientof Ration Card holder | Signature with seal of the DistributionOfficer. |
| Month | Date | Quantity | Price | Signature of Fair Price Shop Holder |
| January | ||||
| February | ||||
| March | ||||
| April | ||||
| May | ||||
| June | ||||
| July | ||||
| August | ||||
| September | ||||
| October | ||||
| November | ||||
| December |
| Sl. No. of Ration Card | Name of Card Holder | Address | Number of Units | Total | Code No. if any | Date of issue of Ration Card | Signature of specified authority | Remarks if any | Aadhar No. | Contact No. | |
| Adult | Children | ||||||||||
| 1 | 2 | 3 | 4 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | |
| Date | Name of Specified Essential Commodity | Opening Balance | Quantity Received | Total | Quantity Sold | Closing Balance | Remarks if any | ||||||
| Bags. | Weight | Bill. No. & Date | Bags. | Weight | Bags. | Weight | Bags | Weight | Bags. | Weight | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Date | Name of the Wholesaler | Authority which issued permit/letter | Quantity Authorized | Quantity Issued/Sold | Rate | Amount Charged | Signature of the person concerned | Remarks if any | ||
| Designation | Permits/ letter No. & Date | Name of the Specified Essential Commodity | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Sr. No. | Name of the Specified Essential Commodities | Opening Balance | Quantity received during the month | Total | Quantity sold during the month | Closing balance | Remarks if any |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sl. No. | Date | Name of Specified Essential Commodities | Opening Balance | Quantity received | Total (4+5) | Quantity Sold | Closing Balance | Remarks, if any |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |