State of Bihar - Act
Public Distribution System (Control) Order, 2001
BIHAR
India
India
Public Distribution System (Control) Order, 2001
Rule PUBLIC-DISTRIBUTION-SYSTEM-CONTROL-ORDER-2001 of 2001
- Published on 20 February 2007
- Commenced on 20 February 2007
- [This is the version of this document from 20 February 2007.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Procedure for Issue of Licences.
- New licence of Fair Price Shops and its related working to licensee under Public Distribution System would be regulated through the provisions of Public Distribution System (Control) Order, 2001. Licensing Authority will terminate the agreement and provide new licence in Form II to existing licensee after deposit of licence fee within six months.Now, therefore, the provisions of "Bihar Trade Article (Licences Unification) Order 1984", will not be applicable to fair price shops under the Public Distribution System.2. Selection Committee for issue of Licence.
- Every application for the grant of licence shall be made to the respective Licensing Authority in prescribed Form-1.The Licensing Authority shall ensure the proper verification through Block Supply Officer/Supply Inspector and shall recommend its report to the District Level Selection Committee for consideration. This would not be applicable to existing licensees who shall be governed as per provision of para-1 .The Selection Committee shall constitute of following officers:-Chairman - The District Magistrate.Secretary - The Special Officer Rationing for Rationing Area, Patna, ADM (Supply), Patna for Patna district and for the remaining districts, the District Supply Officer/ln-charge District Supply Officer.Members-2. Now, for new licences approval of the Food Supply & Commerce Department is not required.
| Scheduled Caste | - | 16 Percent |
| Scheduled Tribe | - | 01 Percent |
| Most Backward Class | - | 18 Per cent |
| Backward Class | - | 12 Percent |
| Women Backward Class | - | 03 Per cent |
3. Delegation of power to the Licensing Authority.
- With the coming in force of the Public Distribution System (Control) Order, 2001, under Public Distribution System the power of the Licensing Authority to grant of licence/ renewal, issue of the identity card, terms and conditions of the licence, compliance of duties and responsibilities, suspension of licence and cancellation of licence of FPS dealers cannot be delegated to any other Officer.The Licensing Authority alone is authorised to ask show cause from a FPS dealers on receipt of report from an Inspecting Officer.4. Conduct of Licensees.
- 1. The licensees shall-2. The ration-card holder shall not be denied the Supply as per entitlement of the essential commodities, lying in stock by the Fair Price Shop owner under the Public Distribution System,
3. The Fair Price Shop owner shall not retain ration-cards after the Supply of the essential commodities.
4. Any ration-card holder desirous of obtaining extracts from the records of a Fair Price Shop owner may make a written request to such owner alongwith deposit of Rs. 10/- (Ten) fixed as fee.
5. Within fourteen days from the date of receipt of a request and the specified fee under sub-clause (4), the Fair Price Shop owner shall provide such extracts of records to the ration-card holder.
5. Duties and responsibilities of Fair Price Shop dealer.
- The Fair Price Shop owner shall-6. Working period and holiday.
- No other holiday shall be admissible to FPS dealer except Gazetted holiday and weekly closing i.e. Monday. The FPS shops shall open between 7 A.M. to 1 P.M. during the month March to August, and from 8.00 A.M. to 2 P.M. during September to February.Due to unavoidable reason if the FPS dealer is unable to conduct the working of shops for limited period then, he shall submit an application before the Licensing Authority. The Licensing Authority may allow the said period just after making an alternative arrangement for availability of Essential Commodities to the Consumers.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-8. Disposal of essential commodities after suspension/cancellation of licence.
- In situation of cancellation/suspension of licence issued under the Public Distribution System (Control) Order, 2001 to FPS dealers, the foodgrains/essential commodities in stock shall be distributed at fixed rate and quantum to the consumers attached to the particular dealer by the Block Supply Officer/In charge Block Supply Officer/Supply Inspector within 30 days of receipt of the Order. The sale amount received shall be return to the licensee.9. Transfer of Licence
- The licence shall not be transferred to any other member of the family/any other person.There cannot be any partner in the licence.10. Agreement.
- There shall be no agreement in addition to the licence. After terminating the previous agreement, the old licensee would be provided with New Licence in Form II within six months.11. The Identity Card of the Licensee/the Representative Licensee.
- The Licensing Authority shall issue identity card to every licensee/the representative of the licensee as per Annexures 3 and 4.The Essential Commodities shall be lifted after presenting identity card by the licensee/the representative of licensee.12. Changes in Licence.
- (i) If the licensee wants to change the storage or business premises to any other site other than the one mentioned in the licence then therein a fresh petition shall be submitted to the Licensing Authority.13. Payment of commission admissible to the FPS dealer.
- The Licensing Authority shall be responsible for the payment of admissible commission to the FPS dealer within two months from the date of lifting/distribution of Essential Commodities under various schemes of the Department.14. Consequences of Conviction.
- Where a licensee has been convicted by a court of law for the contravention of any order made under Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) the Licensing Authority shall by order in writing cancel his licence:Provided that where such conviction is set aside in any appeal or revision, the Licensing Authority may, on an application by the dealer whose licence has been cancelled, restore, the licence to such dealer.15. Appeal.
- (i) Any person aggrieved by an order of the Licensing Authority denying the issue or renewal of the licence to the Fair Price Shop owner or cancellation of the licence may appeal to the Appellate Authority notified under Public Distribution System (Control) Order, 2001 within thirty days of the date of receipt of the order and the Appellate Authority shall as far as practicable, dispose the appeal within a period of sixty days.16. Exemption.
- The provisions of "Public Distribution System (Control) Order, 2001" shall not be applicable to the purchase, sale or storage for sale of any trade article by or on behalf of:17. Repeal.
- (i) The pending cases against the FPS dealers, previous to instant notification under Public Distribution System (Control) Order, 2001 would be governed by the orders in operation at the time of filing of such cases.1. Applicant's Particulars
2. Residential Address of the applicant (Permanent & Present)
3. Detail of place of Business
4. The place of shop is own or rental? If rental, enclose details herein
5. Did the applicant hold the licence of other business?
6. Has the applicant even been convicted by a Court of Law for Contravention of any order issued under Essential Commodities Act, 1955 during last three years?
7. Whether the applicant was declared or adjusted [adjudged] as an insolvent by a Court?
8. Is any criminal case pending against the applicant's?
9. Has the applicant claim for the reservation? If yes, enclose Caste Certificate issued by the Block Development Officer.
10. Has the applicant hold the post of profit in the Government? If yes, give full details.
11. Is the applicant hold Government Service? If yes, give full details.
12. Has the applicant Flour Mill (Aata Chakki)?
13. Whether the applicant is Mukhiya, Sarpanch, Ward Member, Member of the Panchayat Samiti, Member of the Zila Parishad, Legislature, M.P. Elected Member of the Corporation & Municipality.
I...............hereby declare that the particulars mentioned at serial nos. 1 to 13 above are true to the best of my knowledge and belief and nothing has been concealed therein. In future, if any above mentioned matter is found false, then legal action will be taken against me.I have carefully read/understood the provisions of the Public Distribution System (Control) Order, 2001 and I, agree to abide by them.Place:Date :Signature of the applicantForm-IILicence to a Fair Price Shop under Public Distribution System (Control) Order, 2001| Licence No...................................................ChallanNo................ Date............................Name ofthe Licensee....................................Name of theFather/Husband.........................Address.......................................................... | Photo of the licensee attested by the concernedSupply Inspector & counter signed by the Licensing Authority |
1. Subject to the provisions of the Public Distribution System (Control) Photo of the licensee attested by the concerned Supply Inspector & counter signed by the Licensing Authority Order, 2001 and under the duties and responsibilities of the licence, I hereby authorised Shri...........to store Essential Commodities at following place to regulate purchase, sale and distribution of the Essential Commodities under Public Distribution System. Details of the Storage Place
2. Details of the Essential Commodities:
3. (a) The licensee shall maintain the stock and sale register according to the instruction issued by the Food Supply & Commerce Department, Bihar. The quantity of the Essential Commodities in the register will be entered in the following manner:-
4. The licensee shall open shop daily except the Gazetted holiday/ weekly closing and display "Notice Board" outside the shop as well "Price and Stock" display Board be kept at conspicuous place in the shop. Notice Board and the Price and Stock Display Board should be made as per annexures-1 & 2 respectively.
5. The licensee shall display the list of beneficiaries of BPL, Antyodaya and Annapurna at conspicuous place.
6. The licensee shall distribute essential commodities as per entitlement to the ration-card holders at the retail issue prices.
7. The licensee shall not sale or propose to sale essential commodities to consumers at higher price.
8. The licensee shall issue cash memo (as per annexure-5) at every sale to the consumer following name and address of the consumer with their signature/thumb impression.The carbon copy (duplicate copy) of the cash memo shall be also printed as original copy, following name of licensee, licence no. and address.
9. The licensee shall return the ration-card to its holder after the entry of the Supplied Essential Commodities. The licensee shall not hold the ration-cards at any circumstances.
10. The licensee will get a joint sample of the foodgrains at the time of lifting and display it easily conspicuous place.
11. The licensee on demand shall produce the correct information about his business to the concerned and comply with the orders time to time issued by the State Government, Commissioners, District Magistrate and the Licensing Authority.
12. The licensee shall produce stock & sale registers of the Essential Commodities to the inspecting authority for inspection, verification and sampling as and when required.
13. The licensee shall maintain "Inspection Register" and "Complaint/ Advice Book". The licensee shall make available the "Complaint/ Advice Book" to the consumers on demand to lodge the complaint regarding the problem faced during the issue of ration, quality and quantity of Essential Commodities.
14. The licensee shall comply with the provisions of the Bihar Ration Coupon Scheme, 2006 & the Bihar Kerosene Oil Coupon Scheme, 2006.
15. The licensee shall keep licence and all types of Registers/Books and cash memo in shop.
16. The licensee shall keep the Essential Commodities in proper manner and take adequate measures to prevent it from the damages due to ground moisture, rains, insects, rodents, birds, fire and such other causes are avoided.
17. The licensee shall not store the foodgrains alongwith fertilizers, insecticides and poisonous chemicals likely to contaminate articles are not stored alongwith these articles in same godowns or in immediate juxtaposition to the stocks.
18. The licensee shall keep the weighing machine, weight box and other related tools to supply Essential Commodities in correct weight & measure and get these annually verified by the Weight & Measurement Department on time.
19. The licensee shall provide accounting of the actual distribution of Essential Commodities and the balance stock at the end of the month and to submit a report to the Block Supply Officer with a copy to the Gram Panchayat on demand.
20. The licensee shall furnish copies of specified documents, namely ration-card register, stock register, sale register to the Inspecting Officer or as directed by Licensing Authority for the purpose.
21. Any ration-card holder desirous of obtaining extracts from the records of Fair Price Shop Owner (Licensee) may make a written request to such owner along with deposit of Rs. 10/- (Ten) fixed as fee within fourteen days from the date of receipt of a request and the fee, the licensee shall provide such extracts of records to the ration-card holder.
22. This licence shall be valid upto..
Place:Date:(Licensing Authority)Name, Designation & SealForm-IIIApplication for the renewal of licence of the Fair Price Shop under "Public Distribution System (Control) Order, 2001"To,The Licensing Authority.......................Sir,I, hereby apply for the renewal of the licence no issued under the provisions of the Public Distribution System (Control) Order, 2001. Required particulars are given hereunder:-1. Challan No. ................... Date ...................
Deposit of renewal Fee .................../ Late Fee ...................2. Valid date of a licence
3. Name of licensee
4. Particulars of the action taken against the licensee convicted due to contravention of any order issued under Essential Commodities Act, 1955 etc.
I ................... hereby declare that the particulars mentioned above are true to the best of my knowledge and belief and nothing has been concealed therein.Place:Date:Signature of LicenseeAnnexure-1Fair Price Shop under Public Distribution System (Control) Order, 2001(Food Supply & Commerce Department)"Notice Board"Date ..............1. Name of the Fair Price Shop's Dealer
2. Address
3. Ward No.
4. Licence No.
5. Time for opening of the Shop : 7.00 A.M. to 1.00 P.M. during March to August. 8.00 A.M. to 2.00 P.M. during September to February.
Every Monday shall be closing day(Note : Size of the Board : 3' x 2'. Base shall be in yellow colour and entries therein by in Black colour)(It shall be hooked at the conspicuous place of shop)Annexure-2(Price and Stock Display Board)1. Name of the Dealers of the Fair Price Shop.......... Date.....
2. Name of the Licensee:
3. Ration Cards Tagged to the shop:
| Allotment | ||||
| Wheat | Rice | K. Oil | ||
| (1) | No. of the A.P.L. Cards/Units: | |||
| (2) | No. of the B.P.L. Cards: | |||
| (3) | No. of the Annapurna Ration Cards: | |||
| (4) | No. of the Antyodaya Ration Cards: |
| Sl. No. | Name of the Commodities | Today's StockQtls. K.gram | Today's receipt | Total | Rate per kilo/litre | Admissible quantity per card/unit | Remarks |
| 1. | Wheat | ||||||
| 2. | Rice | ||||||
| 3. | Sugar | ||||||
| 4. | Edible Oil | ||||||
| 5. | Kerosene Oil | ||||||
| 6. | Others | ||||||
| 7. | |||||||
| 8. | |||||||
| 9. |
4. Name, Address and Telephone No. of the Local Officer (Consumers, to whom complain).
5. Name, Address & Telephone No. of the State Level Complaint Cell, Public Complain Cell, Food Supply & Commerce Department, Old Secretariat, Patna. Tel. No. 0612-2222099.
6. "Complain-cum-Advice Book" shall be available with the dealer.
Note: (i) Size of the Notice Board shall be of 4' x 2 ½'.| Name of the Office: | No. of the Identity Card: | |
| 1. | Name of the Fair Price Shop's Dealer. | Photo of the Licensee |
| 2. | Licence No. | |
| 3. | Address. | |
| 4. | Ward No. | (Attested byMukhiya/ Ward Commissioner/Ward Counsellor) |
| 5. | Signature of the Licensee. | |
| 6. | Valid date (Till the next renewal date of the licence). |
| Signature of the Supply Inspector | Signature of the Marketing Officer/Block SupplyOfficer | Signature & Seal of the Licensing Authority |
| Name of the Office..................... | Identity Card No.......... | |||
| 1. | Name of the Woman/Handicapped and Sick Public DistributionSystem dealer. | Photo of the Licensee | Photo of the Nominated Representative | |
| 2. | Licence No. | |||
| 3. | Address. | |||
| 4. | Name & address of the nominated representative. | |||
| 5. | Signature of the nominated representative. | (Attested byMukhiya/ Ward Commissioner/Ward Counsellor) | ||
| 6. | Signature of the Licensee. | |||
| 7. | Date of Validity (till the next renewal date of the licence). |
| Signature of the Supply Inspector | Signature of the Marketing Officer/Block SupplyOfficer | Signature & Seal of the Licensing Authority |
| Serial No. ............ | Date................. |
| Amount received. | Rate................. |
| Signature/Thumb impression of the Consumer. | Signature of the Dealer |