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State of Bihar - Section

Section 7 in Public Distribution System (Control) Order, 2001

7. Suspension and cancellation of the Licence.

- (i) In the light of Hon'ble Supreme Court Order in Civil Writ Petition 196/2001, action will be taken against the licensee in following situation:-Licensees, who-
(a)do not keep their shops open throughout the month during the stipulated period,
(b)fail to provide grant to BPL families strictly at BPL rates and no higher,
(c)keep the cards BPL household with them,
(d)make false entries in the BPL cards,
(e)engage in blackmarketing or siphoning away grains to the open market and handover such ration shops to such other person/organisations shall make themselves liable for cancellation of their licence. The concerned authorities/functionaries would not show any laxity on the subject.
(ii)If any licensee contravenes the provision, terms of the licence, duties, responsibilities and order of State Government then the Licensing Authority shall suspend/cancell the licence by a written order.
(iii)If F.I.R. is lodged against FPS dealers for contravention of an order issued under Essential Commodities Act, 1955, their licence shall be suspended till the matter is pending before the Court of Law.
(iv)It shall be necessary to ask show cause by the Licensing Authority to licensee before suspending licence. Licensee will be given a reasonable opportunity stating his case against the proposed cancellation.
(v)Suspension of licence shall be for a maximum period of ninety days. In the meantime records relating to suspension of licence should be sent to the District Level Selection Committee within a fortnight from the date of suspension of licence. The Selection Committee after due enquiry shall recommend for revocation of suspension the Licensing Authority shall act accordingly.
(vi)Allocation to FPS dealers shall not be discontinued under any circumstances. In case of suspension or cancellation of licence allocation to a FPS dealer should be tagged to the nearest FPS dealer.
(vii)After suspension of licence of the Licensee the consumers shall be tagged to the nearest FPS shops by the respective Block Supply Officer/In- charge Block Supply Officer/Supply Inspector.
(viii)In general circumstances the tagging of consumers shall not be changed.
(ix)All Consumers of APL, BPL and Antyodaya living within the area earmarked for a FPS dealer should be tagged to such a FPS dealer.