MADHYA PRADESH PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2015

PREAMBLE

Whereas the State Government is of the opinion that it is necessary and expedient so to ensure availability of essential commodities at controlled price on Ration Cards issued to Eligible Households of Madhya Pradesh;

Now, therefore, in exercise of the powers conferred by section 3 read with section 5 of he Essential Commodities Act, 1955 (10 of 1955) and in pursuance of S.O. 681 (E) and S.O. 682 (E) both dated 30th November, 1974 of Ministry of Industries and Civil Supplies (Department of Civil Supplies and Cooperation) and GSR 800 dated 9th June, 1978 of Ministry of Agriculture and Irrigation (Department of Food), the State Government, hereby, makes the allowing order regulating the control of Targeted Public Distribution System in state of Madhya Pradesh.

Order - 1. Short title, extent and commencement.

(1)     This order may be called the Madhya Pradesh Public Distribution System (Control) Order, 2015.

(2)     It extends to the whole of the State of Madhya Pradesh.

(3)     It shall come into force on the date of its publication in the Official gazette.

Order - 2. Definitions.

(1)     In this order, unless the context otherwise requires,-

(a)      "Adulteration" means mixing of resembling commodities of inferior quality or other foreign matter with essential commodities meant for supply to beneficiaries under Targeted Public Distribution System;

(b)      "Allottee institution" means the institution which has been allotted fair price shop for operation.

(c)      "Appellate Authority" means the Collector of the concerned district;

(d)      "Authorised Agency" means Madhya Pradesh State Civil Supplies Corporation which includes its officers/employees and transporters appointed by Madhya Pradesh State Civil Supplies Corporation along with their authorised employees who are engaged in transportation of food grains, sugar and salt etc. under Targeted Public Distribution System from the stocks of Food Corporation of India or Decentralized procurement to the issue centres of the State Government and then to the fair price shops.

In case of blue kerosene it means Oil Companies, wholesaler and their authorised transporters including their employees/ persons who are engaged in transportation of kerosene from Depot of Oil Companies to Fair Price Shops.

(e)      '"Central Order" means control order issued by Government of India, in this regard from time to time.

(f)       "Central Pool' means storage of food grains, that -

(i)       has been procured by the state government or its agency under minimum support price operation.

(ii)      has been maintained and reserved by central or State Government to allocate under Targeted Public Distribution System, or other welfare schemes including disaster relief and such other schemes.

(g)      "Commissioner" means Commissioner, Food, Civil Supplies and Consumer Protection, Madhya Pradesh.

(h)     "Diversion" means unauthorised distribution/ transportation of essential commodities issued from godown under Targeted Public Distribution System to persons/places other than specified;

(i)       "Fair Price Shop" means shop which has been issued authority letter under this order to distribute essential commodities to ration card holders under Targeted Public Distribution System.

(j)       "Fair Price Shop Allotment Authority" means District Supply Controller or District Supply Officer for urban area of the District headquarters and Sub- Divisional Officer (Revenue) of concerned Sub-Division for remaining areas of the district.

(k)      "Fair Price Shop Allotment Authority Letter" means an authority letter issued by Fair Price Shop Allotment Authority in favour of an institution to operate fair price shop as per the provisions of this control order.

(l)       "Food Security Vigilance committee" means a committee constituted under National Food Security Act, 2013 at state/district/block or Fair Price Shop level for supervising the execution of Targeted Public Distribution System.

(m)    "Head of the Household" means a person defined in section 13 of National Food Security Act, 2013(No. 20 of2013);

(n)     "Household" means husband, wife, minor children and such other members who are dependent on head of the household for their livelihood, are living with head of the household and their food is also prepared in the head's kitchen;

(o)      "Licensee" means a person/firm/society licensed for sale-purchase and storage of kerosene for sale to be distributed under Targeted Public Distribution System under Madhya Pradesh Kerosene Dealer (Licensing) Order, 1979.

(p)      "Issue Centre" means such centre or godown operated by authorised agency where essential commodities are stored for issuance to fair price shops.

(q)      "National food Security Act" means National Food Security Act, 2013 published in Gazette of India on 10/09/2013.

(r)      "Ration Card" means such a physical or electronic instrument issued to eligible households by order or under authority of State Government for the purpose of purchasing essential commodities from Fair Price Shops under Targeted Public Distribution System.

(s)      "Ration Card Authority" means an officer authorised to Issue, amend and to distribute ration cards within his/her jurisdiction.

(t)       "Social Audit" means such a process by which public collectively monitors and evaluates a programme or scheme or its execution;

(u)     "Substitution" means to substitute essential commodities issued from Issue Centre for distribution to beneficiaries under Targeted Public Distribution System with resembling commodities of inferior quality;

(v)      "Targeted Public Distribution System" means a system devised for distribution of essential commodities to ration card holders through Fair Price Shops;

(w)     Urban Area" means areas which fall under Municipal Corporation, Municipalities, Nagar Panchayat, Cantonment area and Special Area Development Authority.

(2)     Words and expressions used but not defined in these order shall have the same meaning as assigned to them in the Essential Commodities Act, 1955 (10 of 1955) or National Food Security Act, 2013 (20 of2013) respectively.

Order - 3. Eligible Household.

(1)     Households mentioned in schedule-I shall be eligible for receiving commodities under Targeted Public Distribution System.

(2)     The State Government may amend Schedule-I from time to time by notification.

(3)     Identification and verification of Eligible Households shall be made as per the procedure prescribed by the State Government.

Order - 4. Issuance of Ration Cards.

(1)     Assistant Supply Officer/Junior Supply Officer, who shall be the Ration Card Authority for the concerned area, shall issue ration cards to eligible households in physical or electronic form as determined by the State Government

(2)     Ration Card shall be issued to verified Eligible Households only.

(3)     Ration Card shall be issued in the name of head of the household. The eldest woman in every eligible household who is not less than eighteen years of age shall be the head of the household for the purpose of issue of ration cards:

Provided that, where a household at any time does not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen years, then the eldest male member of the household shall be the head of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards in place of such male member.

(4)     The name of the head of the household, name of the family members, their age and residential address shall be clearly mentioned in the ration card. Ration Card shall be attached to the fair price shop operating in the residing area of card holder:

Provided that the State Government may, by notification, attach the ration card with all the fair price shops operating in a particular area instead of attaching it to one particular fair price shop.

(5)     Time limit for issuance of new ration cards or amendment in ration card shall be 15 days and for issuance of duplicate ration card it shall be 3 working days.

(6)     New ration card holders or existing ration card holders with amendments in ration card shall be entitled to get food grains and other commodities from the succeeding month onwards.

(7)     The State Government or its authorised agency, may prescribe fees for issuing ration card.

Order - 5. Validity Amendment and Cancellation of Ration Card.

(1)     Ration Card shall remain valid until State Government declares it to be expired. 

(2)     Ration Card shall be cancelled in case it is surrendered by the ration card holder.

(3)     Ration Card Authority, if it deems fit and necessary, after giving an opportunity to ration card holder to record his/her statement, may make corrections/amendments in ration card or if necessary, may cancel it. In all such cases, concerned person shall be under an obligation to produce ration card on demand.

(4)     Ration Card shall not be used as an identity card.

(5)     Ration Card issued under this order shall not be handed over to any other person by Eligible Household. Eligible Household itself shall be responsible for safety of the ration card.

Order - 6. Responsibility of Ration Card Holder.

No person shall-

(i)       use more than one ration card;

(ii)      furnish false details or information in the application prescribed for ration card;

(iii)     either change/deface/delete entry made in ration card deliberately by himself or allow any other person to do so.

Order - 7. Number and Location of Fair Price Shops.

(1)     In order to ascertain the maximum number of Fair Price Shops in any urban area within the district, the total number of Eligible Households of that urban area shall be divided by 800. The number of Fair Price Shops shall not exceed this number in that urban area.

(2)     There shall be one Fair Price Shop in each Panchayat in rural areas. An additional Fair Price Shop may be opened in any Panchayat, if number of eligible households exceeds 800.

Provided that, where an additional shop in a Panchayat is opened; the division of Eligible Households be such that the number of Eligible Households associated with the additional shop as far as possible will not be less than 400.

(3)     The location of fair price shops shall be decided by respective urban body/Zila Panchayat.

Order - 8. Allotment of Fair Price shops.

(1)     Fair Price Shop Allotment Authority shall not allot fair price shops to anyone except societies/groups mentioned in schedule -II:

Provided that, Fair price shops shall not be allotted by the competent authority to any such society/group which has been found guilty of violating clause 13 of this order:

Provided further that fair price shop may be allotted to such society/group in case guilty office bearers have been removed from such society/ group.

(2)     A fair price shop shall be allotted for three years. Successive renewal for three years may be made on satisfactory working of the shop.

(3)     Eligible Institutions, interested in operation of fair price shop shall apply to the Fair Price shop allotment authority prescribed in Form-A.

(4)     No institution shall be eligible for allotment of a fair price shop beyond its operation area.

(5)     Whenever received the applications from more than one eligible institution, for a fair price shop; The Fair Price Shop Allotment Authority shall subject to para 8 select the institution by lot following a transparent process.

(6)     Fair Price Shop allotment Authority Letter shall be issued by Fair Price Shop Allotment Authority prescribed in Form-A

(7)     The amount of security deposit shall be Rs. 5000/- per shop in both urban and rural areas.

(8)     When an application for amendment in entries made in Fair Price Shop Allotment Authority Letter, the Fair Price Shop Allotment Authority, after enquiry, as it deems fit, shall make changes in the register and the authority letter accordingly.

(9)     A cooperative society/institution shall not be allotted more than one fair price shop in any urban area.

(10)   Applicant society/institution desirous of getting fair price shop allotted must have an amount/credit limit sufficient to lift one month of allotment of commodities.

(11)   Applicant society/institution must have sufficient space available for storage and distribution of commodities equivalent to one month's allotment.

Order - 9. Participation of women in operation of Fair Price Shops.

(1)     One-third of fair price shops in every urban area and in rural areas of a district shall, as far as possible, be allotted to women institutions. The salesperson in such Fair Price shops shall also be women.

Note: Such institutions shall be deemed as women institutions, of which all members and office bearers are women.

(2)     The Fair Price Shop Allotment Authority shall allot the fair price shops to the women institution as per the instructions issued in this regard by the State Government within three months from the enforcement of this control order.

Order - 10. Operation of Fair Price Shop.

(1)     The allottee co-operative society/institution shall run the fair price shop itself.

(2)     A salesperson whose minimum academic qualification shall be 12th pass shall be appointed for each fair price shop:

Provided that if 12th pass candidates are not available a person having minimum academic qualification of 10th pass may be appointed as salesperson in development blocks falling in the scheduled areas notified under schedule-5 of constitution of India. Allottee co-operative society may determine its norms for appointment of salesperson but minimum academic qualification shall not be less than 12th pass:

Provided further that allottee institution shall not appoint such person as salesperson who has been found guilty of violation of clause 13 by competent authority:

Provided also that in Panchayats having less than 400 Eligible Households, if a new shop is opened then it may be run by salesperson of nearby fair price shop jointly.

(3)     The opening and closing time of fair price shop shall be determined by respective urban body/Zila Panchayat but Fair Price Shop shall remain open for minimum 6 hours daily except on Sundays and public holidays:

Provided that the days of opening of the fair price shop shall be determined by the concerned Janpad Panchayat in cases where one salesperson is operating more than one shop as mentioned in sub-clause (2).

(4)     Salesperson of fair price shop shall maintain such updated information in such manner as is directed by Commissioner from time to time.

(5)     The State Government shall ensure a lump sum amount or margin or both for fair price shop, in such a manner, that it should not incur loss in operating generally as per the directions given in this order.

(6)     Fair Price shops may be made multipurpose. However no such commodities shall be sold from the fair price shop, which are being distributed under Targeted Public Distribution System.

(7)     The cooperative society running a fair price shop shall not reject the membership application of a ration card holder attached to that shop:

Provided that, in case of women cooperative society, applicant should necessarily be a woman.

(8)     All salespersons of fair price shop shall remain present wearing apron along with their name plate.

Order - 11. Distribution.

(1)     The allottee institution shall distribute food grains and other essential commodities to the ration card holder, in such quantity, ratio and in such manner as decided by the State Government.

(2)     Food grains and other essential commodities shall be distributed to Eligible Households from fair price shop at such rates as determined by the State Government or its authorised officer.

(3)     Salesperson of fair price shop shall start distribution of food grains and other commodities to ration card holders from first date of the month:

Provided that, when it is not possible to do so, salesperson shall inform the date of starting distribution with reasons for delay to the members of fair price shop level food security vigilance committee:

Provided further that, the distribution may be stopped for three working days in a month by the State Government for Technical Standards requirements.

(4)     Allottee institution' and its office bearers shall be responsible for proper maintenance and safety of all equipments supplied to fair price shops.

(5)     Salesperson of fair price shop may demand documents specified by the State Government or biometrics from ration card holder at the time of distribution for his/her identification.

(6)     If a ration card holder does not purchase commodities as per entitlement for a particular month, he/she shall be entitled to get it in succeeding month. Card holder may get its entitlements either lump sum or in instalments.

(7)     Fair price shop owner shall not distribute any commodity which is not safe for human consumption due to poor storage or any other reason.

(8)     Salesperson of fair price shop shall not refuse to distribute food grains and other commodities in such quantity and rate as specified by the State Government to any ration card holder registered in that fair price shop.

(9)     Salesperson of fair price shop shall not give essential commodities to any person other than the ration card holder/members of household:

Provided that, if a card holder and all the adult members of her household are over 60 years or disabled, the food grains and other commodities thereof may be given to the person authorised by the card holder. Salesperson of fair price shop shall maintain separate record of all such transaction.

(10)   Salesperson of fair price shop shall not keep ration cards or commodities sold in the premises of fair price shop.

(11)   No person except fair price shop/ Oil Company/wholesaler and authorised transp01icr thereof, shall transport, store or sell blue kerosene for distribution under Targeted Public Distribution System.

Order - 12. Allocation, Storage and Transportation.

(1)     Fair price shopwise allocation of essential commodities, to be distributed under Targeted Public Distribution System, shall be made by the Commissioner on the basis of shopwise number of eligible households/household members and entitlement thereof. Such allocation shall be made by adjusting the quantity of previously undistributed essential commodities.

(2)     Authorised agency shall ensure that minimum one month requirement of essential commodities (except kerosene) for all fair price shops attached to an issue centre is stored in advance at that centre.

(3)     Authorised Agency shall supply the allocated quantity of essential commodities each fair price shop by the end of preceding month in accordance with the procedure specified by the Commissioner.

Order - 13. Prevention of Substitution/ Diversion/Adulteration.

(1)     With a view to prevent replacement/diversion/adulteration, allottee institution shall have to install such physical or electronic equipment and shall have to maintain them regularly as may be specified by the State Government from time to time.

(2)     No person shall commit substitution/ diversion/ adulteration during transportation, storage or distribution of food grains and other essential commodities kept for distribution under Targeted Public Distribution System.

Order - 14. Inspection and Supervision.

(1)     The Collector shall prepare a roster for inspection of all fair price shops, issue centres and wholesalers of a district such that each shop is inspected once in three month and each issue centre/wholesaler once every month.

(2)     It shall be mandatory for Inspection Officer to carry out inspections as per inspection roster. The report of every inspection shall be submitted as per the procedure specified by the Commissioner.

(3)     State/ district/block/fair price shop level food security vigilance committees, constituted under the provision of National Food Security Act may inspect fair price shops in order to supervise implementation of Targeted Public Distribution System. In case of any irregularity found during such inspection, a report thereof, shall be submitted by respective committee before District Grievance Redressal officer, who shall ensure necessary action within 15 days from the submission of the report.

(4)     Salesperson of a fair price shop shall communicate quantity received, distributed. and balance in respect of commodities received under Targeted Public Distribution System to assistant/ junior Supply Officer of the respective area through physical/electronic medium at time intervals prescribed by the Commissioner.

(5)     All records of fair price shops maintained for Targeted Public Distribution System shall be public document under the Right to Information Act, 2005 (22 of 2005) Salesperson of fair price shops, where nobody else has been appointed by the institution, Public Information Officer and shop allotment authority shall be appellate officer under the said Act.

(6)     Commissioner shall ensure regular display of information regarding allotment/lifting and distribution under Targeted Public Distribution System on departmental website. Such information shall be kept in public domain.

(7)     Social audit of Targeted Public Distribution System shall be conducted in accordance with procedure specified by State Government.

Order - 15. Power to Enter, Search and Seizure.

(1)     Any officer not below the rank of junior supply officer of Food, Civil Supplies and Consumer Protection Department or any officer not below the rank of Naib Tehsildar of Revenue Department or any officer not below the rank of Sub-auditor of Co-operative Department within their respective jurisdiction shall be competent to act under this order.

(2)     If such an authorised officer under sub-clause (1) has sufficient reasons to believe that provisions of any clause under this order or any other order issued by State/Central Government are being violated, such officer may enter, inspect or search any fair price shop or premise or vehicle of authorised agency or any such premise or vehicle from where unlawful storage/transportation of commodities, supplied under Targeted Public Distribution System is being done, with such assistance as is necessary.

(3)         If the authorised officer has reasons to believe that essential commodities have been stocked or removed in violation of provision of any Central or State order or violation of this order; he may seize such essential commodities and equipments, vehicles or documents related thereto.

(4)     Authorised officer can obtain signed copies of required documents for furtherance of its investigation.

(5)     Each office bearer of authorised agency/ allottee institution shall provide necessary support for the investigation.

(6)     The provisions of section 100 of Criminal Procedure code, 1973 (2 of 1974) shall apply for entry, search and seizure.

Order - 16. Punishment and Penalty.

(1)     In case of contravention of any provision of Central/State order or this order, the fair price shop authority letter may be suspended or cancelled and security amount may be forfeited wholly or partially by shop allotment authority, In such case, forfeited amount shall be recoverable from guilty employee of concerning institution.

(2)     In case of violation under clause 13 for quantity more than 10 percent of the monthly allocation or repetition of violation under the same clause, a person shall mandatorily be prosecuted under section 7 of Essential Commodities Act, 1955 (No. 10 of 1955)

(3)     In case of suspension of a fair price shop, the Fair price shop allotment authority shall issue show cause notice to the concerned fair price shop within 10 days and as far as possible, pass final order within three months.

(4)     Fair price shop allotment authority, after giving reasonable opportunity to fair price shop to submit its representation in writing and following principle of natural justice, may cancel authority letter mentioning the reason thereof:

Provided that, Fair price shop allotment authority shall not allot that fair price shop to any new society/institution till the final disposal of the appeal.

(5)     During suspension/ cancellation of a fair price shop, Fair price shop allotment authority shall make alternative arrangement from a nearby fair price shop to ensure distribution of commodities to card holders attached with such shop:

Provided that, a fair price shop of rural area shall not be attached with a fair price shop in urban area and vice-versa.

(6)     If any essential commodity is diverted or distributed to any ineligible person by authorised agency/fair price shop owner, the price thereof shall be recovered, from responsible salesperson/employee/ person at the rate of prevailing market price or economic cost (after reducing cost price), whichever is higher. Such amount shall be recoverable as an arrear of land revenue.

(7)     Shop allotment authority may order, in writing, to institution to remove the salesperson of fair price shop, if found guilty, from duties of distribution of commodities of Public Distribution System. Such order shall be binding on institution and the said salesperson shall not be appointed as salesperson in any other fair price shop.

(8)     On finding an irregularity in operation of a fair price shop, if it is expedient in the opinion of the Collector, prosecution against chairman or head of the society/salesperson/employee of institution may be initiated.

(9)     If any action has been contemplated under the provisions of this order or Co- operative Act against allottee Co-operative society by concerning Deputy Commissioner-cum- Sub Registrar/ assistant Commissioner -cum- Assistant Registrar, he shall immediately inform the Fair price shop allotment authority in writing.

Order - 17. Appeal.

(1)     Any person/society aggrieved by order of fair price shop allotment authority may file an appeal within 30 days before appellate authority and decision of the appellate authority shall be final:

Provided that, appellate authority shall not pass any order without giving an opportunity of hearing to the aggrieved person/society.

(2)     The appellate authority, if satisfied by reasons to be recorded in writing, may stay the order of subordinate authority, pending disposal of appeal.

Order - 18. Power to give necessary direction.

The Commissioner, Collector, shop allotment authority may issue directions within their respective jurisdiction to ensure the planned distribution of essential commodities under the targeted public distribution system and the fair price shop/ co- operative society/ institution/ body/ group/agency are duty bound to follow such directions.

Order - 19. Powerto State Government for exemption.

The State Government, with a view to ensure effective implementation of the targeted public distribution system, may issue special orders in writing regarding any or all clauses of this order and may give exemption from any provision of this order.

Order - 20. Repeal and Saving.

The Madhya Pradesh Public Distribution System Control Order, 2009, is hereby, repealed:

Provided that, the repeal shall not affect the cases registered under the repealed order and subsequent proceedings.