THE UTTAR PRADESH SCHEDULED COMMODITIES (REGULATION OF
DISTRIBUTION) ORDER, 1989[1] Whereas the State Government is of the opinion that it is
necessary and expedient so to do for maintaining the supplies of foodgrains and
other essential commodities and for securing their equitable distribution and
availability at fair prices; Now, therefore, in exercise of the powers under Section 3
of the Essential Commodities Act, 1955 (Act No. X of 1955), read with
notifications of the Government of India in the Ministry of Agriculture and
Irrigation (Department of Food) published under G.S.R. 800, dated June 9, 1978,
in the Ministry of Industry and Civil Supplies (Department of Civil Supplies
and Co-operation), published under Ka Aa 681(A) and Ka Aa 682(A), dated
November 30, 1974 and all other powers enabling him in this behalf, and with
the prior concurrence of the Central Government, the Governor is pleased to
make the following order, namely: (1)
This Order may be called the Uttar
Pradesh Scheduled Commodities (Regulation of Distribution) Order, 1989. (2)
It extends to whole of Uttar Pradesh. (3)
It shall come into force at once. In this Order, unless the context otherwise requires (a)
"Adult" means any person who
has completed the age of five years and "child" means any person who
has not completed that age; (b)
"Authorised Retail
Distributor" means a person appointed as such by the District Magistrate,
City Magistrate or Sub-Divisional Magistrate for sale of Scheduled Commodities
that may be supplied by the Government directly or through some agency; (c)
"District Magistrate"
includes an officer authorised in writing by the District Magistrate to perform
all or any of his functions under this Order; (d)
"Scheduled Commodity" means
a Commodity and the products thereof specified in Schedule I appended to this
Order which is supplied directly or indirectly by the State Government for distribution
to identity card holders, at a price fixed, from time to time, by the Central
or the State Government or any authority or officer of such Government or the
manufacturer, as the case may be, in respect of such commodity; (e)
"Food Officer" means the
Regional Food Controller, the District Magistrate, District Supply Officer or
any other officer authorised by the State Government in this behalf; (f)
"Holder" in relation to an
identity card, means the person whose name or designation appears as such on that
identity card; (g)
"House-hold" means the
individuals who are held together in the same house and normally eat food
prepared in the same kitchen; (h)
"Identity Card" or
"card" means a card issued under clause 10 of this order or issued
under Clause 8 of the Uttar Pradesh Foodgrains and other Essential Articles
Distribution Order, 1977; (i)
"Qualified Resident" means a
person resident of any part of the State of Uttar Pradesh and authorised under
general or special order of the State Government for the time being in force,
to receive an identity card on behalf of himself or a household and/or
establishment; (j)
"Regional Food Controller"
includes any officer authorised in writing by the Regional Food Controller to
perform all or any of his functions under this Order; (k)
"Town" means any area
included in a city as defined in the Nagar Mahapalika Adhiniyam, 1959[2] or
a municipality, cantonment, notified area or town area; (l)
"Unit" means quality of
Scheduled Commodities which an adult is entitled to receive or double the quantity
which a child is entitled to receive in a month; (m)
"Form" means a form set
forth in Schedule II of this Order. (1)
With a view to securing fair
distribution of Scheduled Commodities the State Government or the District
Magistrate may appoint any individual, partnership firm, Co-operative Society
or Company as Authorised Retail Distributor to obtain and distribute Scheduled
Commodities in accordance with the provisions of this Order. (2)
Every Authorised Retail Distributor
shall deposit by way of security along with an application for authorisation in
Form 'A' prescribed in Schedule II to this Order, with the State Government or
the District Magistrare a sum of Rs. 250 in respect of each shop. In the case
of a shop run by a Co-operative Society the deposit shall be Rs. 50. The sum so
deposited or any part thereof may, without prejudice to any other penalty after
enquiry and for reasons to be recorded in writing, be forfeited by the State
Government 6r the District Magistrate for contravention of the provisions of
this Order and the conditions of the authorisation. If as a result of any
departmental action the sum deposited or any part thereof is not sufficient,
the Authorised Retail Distributor shall forthwith pay to the Government such
amount as may be required to make up the prescribed sum to be deposited as
security. (3)
Fees for identity cards and other
documents supplied by the Government and for replacement thereof- Rs. (i) Household Identity card ...0.50 (ii) Establishment Supply card ...2.00 (iii) Duplicate in place of lost, stolen or defaced household supply
card ...0.50 (iv) Duplicate in place of lost, stolen or defaced supply card ...2.00 (v) Authorisation for Retail Distributor ...5.00 (vi) Renewal of authorisation for Retail Distributor ...2.00 (vii) Duplicate renewed authorisation for Retail Distributor ...5.00 Every authorisation for Retail Distributor shall be for a
period of one year ending on 31st December of the year in which it is issued.
It may be renewed every year after depositing renewal fee. The authorisation issued under Clause 3 shall be in Form
'B' given in Schedule II appended to this order. No person other than an Authorised Retail Distributor shall
sell any of the Scheduled Commodities supplied by the Government for
distribution under this order. No authorised Retail Distributor shall refuse to sell
Government scheduled commodities during business hours fixed by the District
Magistrate on the presentation to him of a valid identity card to the extent of
the amount of Scheduled Commodities due on the card or to the extent of his
stock, whichever is less. Every Authorised Retail Distributor shall strictly observe
such business hours as may be fixed by the District Magistrate and shall
punctually and regularly open his shop or place of business during such hours. No Authorised Retail Distributor shall sell Government
Scheduled Commodities at a price in excess of that fixed by or under an
agreement in this behalf between the Authorised Retail Distributor and the
District Magistrate or shall sell any other Scheduled Commodities at a price in
excess of that fixed by the Central or the State Government or any authority or
officer of such Government or the manufacturer, as the case may be, in that
behalf. A Food Officer may, either of his own motion or on an
application made to him by a qualified resident issue or cause to be issued to
such resident for himself and his household or establishment, if any, an
identity card authorising purchase of Scheduled Commodities. The Food Officer shall prepare or cause to be prepared an
identity card correctly with clearly marked on it the name and the address of
the identity card-holder the number of persons of the household or
establishment and the name or some other indication of the Authorised Retail
Distributor from whom the identity card-holder is entitled, to purchase
Scheduled Commodities. (1)
The Food Officer may at any time add
to, amend vary or rescind any identity card: Provided that in case of rescission of an identity card the
Food Officer shall satisfy himself that there are sufficient reasons for him to
do so and shall record such reasons in writing. (2)
Where any identity card is so
rescinded any person to possession of it shall forthwith surrender it to the
Food Officer. The State Government may prescribe the quantity of a
Scheduled Commodity which a unit shall represent generally or for any
particular class of persons. (1)
An identity card shall be valid for
the purchase at one time unless directed otherwise by the District Magistrate,
in respect of any Scheduled Commodities: (a)
If the purchase is made on or before
fifteenth day of any month, half the quantity of units on the identity card; (b)
If the purchase is made on or after
sixteenth day or any month, the full quantity of units on the identity card; Provided that if one or more purchases have been made
during such period the identity card shall be valid for purchase of only the
balance of the units to which the holder is entitled in a month. (2)
Unless otherwise specifically directed
by the District Magistrate by order, the quantity not purchased during the
month for which it is due, shall lapse after expiry of that month. (1)
No identity card holder shall
intentionally present an identity card whether by himself or through any other
person, which he knows or has reason to believe includes units for which he is
not lawfully entitled to obtain scheduled commodities under this order
(hereinafter in this order called an 'Invalid Identity Card' or obtain or
presentation of a valid identity card scheduled commodities in excess of the
quantity for the purchase of which such card is valid at the time of
presentation. (2)
No identity card-holder shall keep in
his possession any invalid identity card. No person shall (a)
dishonestly apply for or receive or
use an identity card when provision has been made for him or any other member
of his household or establishment in any other identity card; (b)
give incorrect details while applying
for an identity card; (c)
wilfully alter or destroy an identity
card issued to him. When any person is in possession of any invalid identity
card from before the commencement of this order he shall deliver it up to the
Food Officer at once. An identity cardholder shall report to the Food Officer
within a fortnight any decrease in the number of units in his identity card
whether decrease be on a permanent basis or for a period exceeding three
months. An identity card-holder may apply to the Food Officer for
an increase in the number of units furnishing proof, if any, of the facts
necessitating the increase, as the Food Officer may require. Any person to whom an identity card has been issued may, on
proof of its loss, destruction or defacement, be given, on his application to
the Food Officer concerned, a duplicate identity card: Provided that no fee shall be charged when a new identity
card is issued on the old card having been filled up. The authorised retail distributor shall record on the
identity card in the space provided therefor the quantity of scheduled
commodities purchased by the identity card-holder together with the date of
such purchase. An authorised retail distributor shall not keep in his
possession identity card of any person other than himself, except by way of
bona fide collection of identity cards from persons actually present at the
shop at a given time, for facility of distribution of scheduled commodities to
them at that time. No Authorised Retail Distributor shall (a)
assist any one in preparation or in
obtaining any bogus or unauthorised identity card; or (b)
obtain or use any bogus or
unauthorised identity card; or (c)
draw or receive any scheduled
commodities by making false entries in the record. Every Authorised Retail Distributor shall maintain in such
form and manner as the District Magistrate may direct, an account of all
purchases, sales and transactions made by him of any scheduled commodities. He
shall also furnish information, returns, statements and reports as he may be
required to furnish by the District Magistrate or under an order of the State
Government made under the Act. Every Authorised Retail Distributor shall display such
notices of such sizes containing such information as the District Magistrate
may direct. (1)
The Food Officer, Deputy Town
Rationing Officer, an Area Rationing Officer, a Senior Marketing Inspector, a
Marketing Inspector, or a Supply Inspector may, within his jurisdiction in the
State with such assistance, if any, as he thinks fit (a)
require the owner, occupier or any
other person in charge of any place, premises, vehicles or vessel in which he
has reason to believe that any contravention of the provisions of this order
has been, is being or is about to be committed, to produce any book, account or
other documents showing transaction relating to such contraventions; (b)
enter, inspect or break open and
search any place or premises, vehicle or vessel in which he has reason to
believe that any contravention of the provisions of this order has been, is
being or is about to be committed; (c)
examine and seize any books of
accounts and documents which in the opinion of such officer may be useful for,
or relevant, to any proceeding under this order and return such books of
accounts and documents to the person from whom they were seized after copies
thereof or extracts therefrom as may be considered necessary and certified by
that person to be correct, have been taken; (d)
seize any Scheduled Commodities, if he
is satisfied that there has been contravention of this order; (e)
send a report as provided in Section
6-A of the Act to the Collector of the District if such seizure is made and the
Collector may thereafter proceed to confiscate the scheduled commodities,
animal, vehicles, vessel or other conveyance so seized in accordance with the
provisions of the Act. (2)
The provisions of Section 100 of the
Code of Criminal Procedure, 1973 (Act No. 2 of 1974) relating to search shall,
as far as may be, apply to search under this clause. The State Government may authorise any person other than
those referred to in Clause 27 to perform all or any of the functions detailed
below (a)
to inspect any stocks of scheduled
commodities, books, accounts or other documents pertaining to any scheduled
commodities with a view to ensuring that no contravention of this Order is
being made and for purposes of such inspection enter any premises used or
believed to be used for the sale or distribution or storage of scheduled
commodities; (b)
to require any person to make any
statement or furnish any information or produce any document or article in his
possession or under his control relating to the purchase, sale, distribution or
storage of any scheduled commodities and any person so required shall comply
with such requisition; (c)
to inspect any identity card or
require any person to give any information in regard to such member, of his
household as are included in the identity card. (1)
No person shall manufacture, prepare,
print or keep in his possession any blank identity card or any seal or stamp
which is used or is likely to be used for preparation of unlawful identity
cards or use such identity cards for receiving any scheduled commodities. (2)
No person shall knowingly receive or
use, or assist anyone in receiving or using, any invalid identity card or
receive or assist in receiving any scheduled commodities except on a valid
identity card. (3)
No public servant shall wilfully or
knowingly issue or help in issuing an invalid identity card to any person. 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. (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 transparent 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. SCHEDULE
I [See Clause 2(d)] (1)
Wheat. (2)
Rice. (3)
Pulses. (4)
Sugar. (5)
Edible
oils. (6)
Kerosene
oil. (7)
Soft
coke. (8)
Controlled
cloth.THE UTTAR PRADESH SCHEDULED COMMODITIES
(REGULATION OF DISTRIBUTION) ORDER, 1989
PREAMBLE