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State of Uttar Pradesh - Section

Section 28 in The U.P. Scheduled Commodities (Regulation of Distribution) Order, 1989

28. Conditions to be observed by the Authorised Retail Distributor.

- Further conditions to be observed by the Authorised Retail Distributor:
(1)Every Authorised Retail Distributor shall purchase such stocks of scheduled commodities as may be released in his favour for distribution and at such rates, as may be fixed by the Central Government or by the State Government on receipt of an indent from him and against payment of the cost thereof in the manner prescribed by the District Magistrate.Note. - Every Authorised Retail Distributor shall indent for only such quantities of scheduled commodities as may be required for distribution to consumers for a period of two weeks at any one time on the basis of maximum obtainable in relation to the quantum fixed by the Government or the District Magistrate and the number of identity cards registered and unit thereon, loss backlog quantity available. On receipt of indent from an Authorised Retail Distributor, the District Magistrate or any other Officer authorised by him shall after verification of indent issue or cause to be issued release order for purchase of stocks of scheduled commodities specified therein from Government godowns or from any other agency appointed by the Government.
(2)Every Authorised Retail Distributor shall-
(a)be held responsible for all the acts of omissions of his partners, agents, servants' and other persons who are allowed to work in the shop;
(b)always maintain adequate stocks of scheduled commodities;
(c)take adequate measures to ensure that the scheduled commodities stored by him are maintained in good condition and that damage to them due to ground moisture, rain, insects, rodents, birds, fire and such other causes is avoided. Suitable dunnage shall be used where necessary to avoid ground moisture. Fertilizers, insecticides and poisonous chemicals likely to contaminate shall not be stored along with the scheduled commodities in the same godown or shop or in immediate position of such commodities. It shall further be ensured that at the time of sale the said commodities are in good condition;
(d)display a board in Devanagri script showing its authorisation number, name and address of the shop, retail prices of scheduled commodities time of working division of the area in which the shop is conducted. Another board in Devanagri of the Size 45 X 60, centimetres, with red letters indicating 'F.P.S. No.......' on white background shall also be displayed;
(e)display the authorisation issued under Clause 3 of the said Order;
(f)maintain on the premises of the shop, true and proper accounts with regard to the receipt, distribution and sale of scheduled commodities, together with all the supporting vouchers and other papers particularly the following books and registers duly certified in the form prescribed by the State Government or the District Magistrate:
(i)Visit Book;
(ii)Instruction Book (for instructions of general type by inspector and other inspecting officials);
(iii)Register of Guards;
(iv)File of Godown Bills;
(v)File of copies of indents;
(vi)Stock Book;
(vii)Cash Memo Book;
(viii)Sales Book;
(ix)Complaint Book;
(g)sell scheduled commodities to the persons holding household or establishment Identity Cards issued by the Government on production of such Identity Cards according to the quantum and at the price fixed by the Government;
(h)Sign in full on the reverse of the first and last cash memo every day in the morning and evening, as also on the first and the last cash memo of every cash memo book used during the day;
(i)Submit periodically abstract of Register of cards and fortnightly return of sales, in such form as the District Magistrate may require;
(j)Obey and carry out all such instructions as may be given by the District Magistrate, or any other officer authorised by the Government, from time to time;
(3)Every Authorised Retail Distributor shall be liable for departmental action, or prosecution, or both for the contravention of the provisions of this order and any instructions, directions, or orders issued under any such provision.
(4)No Authorised Retail Distributor shall, without reasonable cause, stop the working of the shop abruptly or allow the shop to remain closed during working hours on any working day without the prior approval of the District Magistrate.
(5)Every Authorised Retail Distributor intending to stop the business of supplying scheduled commodities shall give 30 days previous notice to the District Magistrate to enable him to make alternate arrangements for supplying scheduled commodities to the household and establishment card-holders allotted to the shop.