Whereas the State Government is of the opinion that it is
necessary and expedient so to do for maintaining the supplies of food grains
and other Essential Commodities and for securing their equitable distribution
and availability at fair prices under the targeted public distribution system. Now, therefore, in exercise of the powers conferred under
Section 3 of the Essential Commodities Act, 1955 (Act No. 10 of 1955), read
with the notification of the Government of India, Ministry of Consumer Affairs,
Food and Public Distribution (Department of Food and Public Distribution)
published under GSR 2013(E) dated March 20, 2015 and Section 21 of the General
Clauses Act, 1897 (Act No. 10 of 1897) and in supersession of Government
Notification No. 4398/xxix-Food-6-18sa-01, dated December 20, 2004
(2005-LLT-V-31 [44]) the Governor is pleased to make the following order,
namely (1)
This order may be called the Uttar
Pradesh Essential Commodities (Regulation of Sale and Distribution Control)
Order, 2016. (2)
It extends to whole of Uttar Pradesh. (3)
It shall come into force with effect
from the date of its publication in the Gazette. (1)
In this order, unless the context
otherwise requires, (a)
"Act" means the Essential
Commodities Act, 1955 (Act No. 10 of 1955); (b)
"Agent" means a person or a
co-operative society or a corporation of the State Government authorized to run
a Fair Price Shop under the provision of this order; (c)
"Allocation Month" means the
month in which food grains are allocated by Central Government and the State
Governments for distribution under the Targeted Public Distribution System; (d)
"Antyodaya Anna Yojana"
means the scheme by the said name launched by the Central Government on the
25th day of December, 2000 and modified from time to time; (e)
"Antyodaya Households" means
those households identified by the State Government to receive food grains
under the Antyodaya Anna Yojana; (f)
"Appellate Authority" means
an authority appointed under sub-clause (10) of Clause 11 of this order, so for
enforcement of National Food Security Act, 2013 and rules framed under it by
the State Government and the Divisional Commissioner of concerned Division of
the State of Uttar Pradesh in relation to the appointment, suspension and
cancellation of a fair price shop by the Competent authority who may delegate
this power to the Joint Commissioner/Deputy Commissioner (Food) for hearing and
disposal of Appeal. (g)
"Authorized Agent" means the
Food and Civil Supply Department of State Government or a body corporate or a
company owned by it or a co-operative authorised by the State Government; (h)
"Collector" includes
District Magistrate and an officer authorised in written by him to perform all
or any of his functions under this order; (i)
"Commissioner" means
Commissioner Food and Civil Supplies Department of Uttar Pradesh; (j)
"Competent Authority" means
Collector and includes Additional District Magistrate (Civil Supplies),
District Supply Officer and Sub-Divisional Magistrate or Area Rationing
Officer; (k)
"Corporation" means the Food
Corporation of India constituted under the Food Corporations Act, 1964 (37 of
1964); (l)
"Designated Authority" means
any officer not below the rank of Supply Inspector of the Food and Civil
Supplies Department in the State but for rural areas it also includes Assistant
Development Officer (Panchayat) or any officer authorised by the State
Government; (m)
"Eligible Households" means
all those households who have been identified for the purpose under the
National Food Security Act of 2013; (n)
"Fair Price Shop" means a
shop set up as directed by the State Government under this order for
distribution of food grains, sugar, kerosene oil etc. under various orders of
Central and State Government; (o)
"Fair Price Shop Owner"
means a person and includes a co-operative society authorized to run a fair
price shop appointed under provisions of this order; (p)
"Family" means group of
following persons, Head of the family. Husband/Wife, including legally adopted children. Adult children, who are fully dependent on the head of the
family. Unmarried, legally separated and widow daughters; and Fully dependent Mother/Father, of the head of the family. (q)
"Food Officer" means the
Additional Food Commissioner, Joint Food Commissioner, Deputy Food
Commissioner, District Magistrate, Additional District Magistrate (Civil
Supplies), District Supply Officer, Sub-Divisional Magistrate, Area Rationing
Officer or any other officer authorized by the State Government in this behalf; (r)
"Food Security Act" means
the National Food Security Act, 2013 (20 of 2013); (s)
"Local Authority" includes a
Panchayat, Municipal Corporation or a Cantonment Board; (t)
"One Ration Unit" means any
person identified as a member of any eligible house hold; (u)
"Rules" means Uttar Pradesh
Food Security Rules, 2015; (v)
"Scheduled Commodity" means
food grains and commodities specified in the Schedule appended to this order
and includes such other commodities which the State Government direct to be
sold through a Fair Price Shop; (w)
"Social Audit" means the
process in which people collectively monitor and evaluate the planning and
implementation of Targeted Public Distribution System in accordance with
Section 10 of Uttar Pradesh Food Security Rules, 2015; (x)
"State" means the State of
Uttar Pradesh; (y)
"State Government" means the
Government of Uttar Pradesh; (z)
(i) "Vigilance Committee"
means a committee constituted under Rules 9 of a Uttar Pradesh Food Security
Rules, 2015 to regularly supervise the functioning of Targeted Public
Distribution System in the State; (ii) Meeting of these committee shall be conducted in the
time frame and manner as directed by State Government under this order; (2)
Words and expressions not defined in
this order but defined in the Act, or the Food Security Act, shall have the
meaning respectively assigned to them in the said Acts. (1)
The State Government shall, as soon as
possible, identify. (a)
the households to be covered under the
Antyodaya Anna Yojana; and (b)
the priority households; in accordance with such guidelines including exclusion and
inclusion criteria as may be notified by the State Government: Provided that such guidelines shall be consistent with the
Act. (2)
The State Government may, at such
intervals or any other time, as it may deem fit, re identify the eligible
households; (3)
The State Government may, if it deem
fit, by notification, amend the guidelines from time to time and require fresh
survey conducted for the identification of eligible households. (4)
(i) The State-wise percentage coverage
of eligible households under the Food Security Act in rural and urban areas
respectively for receiving subsidized food grains under the Targeted Public
Distribution System shall be as in Column 4 of Annexure I. (ii) Antyodaya households; (iii) remaining to be covered under priority households
category to be identified by State Government as per criteria to be evolved by
them subject to the other provisions of this Order. (5)
The State-wise ceiling on coverage of
number of persons belonging to eligible households for receiving subsidized
food grains under the Targeted Public Distribution System, indicated in Column
5 of Annexure I, shall be under the two categories refer to in sub-clause (z). (6)
The State-wise number of Antyodaya
households shall not exceed the accepted number of Antyodaya households in the
State, as specified by the competent authority from time to time. (7)
The State Government shall prepare and
notify the guidelines for identification of priority households in the rural
and urban areas, with special focus on coverage of all the vulnerable or needy
sections of the society, and display the guidelines in the public domain
including on the State web portal. (8)
For the purpose of allocation of
subsidized food grains under Targeted Public Distribution System by the Central
Government, there shall be no increase in the State-wise number of persons
covered under Targeted Public Distribution System till the data from the next
population Census. (9)
The list of eligible households shall
be drawn up by the designated authority in respect of area under their
jurisdiction. (10)
The State Government shall get the
provisional list of eligible households displayed in the public domain
including the office of the local authority and on the State web portal,
showing the category-wise lists of eligible households and their members. (11)
The State Government shall use the
list of persons as compiled during Census of India by the Registrar General and
Census Commissioner or voters list notified by Election Commission of India or
Socio Economic and Caste Census data or any other authentic source of data to
cross-check and verify the list of eligible households and their members. (12)
The State Government shall prescribe
the detailed procedure for finalization of the list of eligible households
covering, inter alia, aspects like the process of drawing up of draft list,
putting the draft list in the public domain including reading out of the list
in meetings of the Gram Sabha or equivalent body in urban areas, inviting
objections, disposal of objections, appeals and so on. (13)
The head of the local authority and
the designated authority shall jointly verify and certify the final list of
eligible households and the local authority shall pass a resolution adopting
the final list of the eligible households. (14)
The final list of the eligible
households shall be displayed in the public domain including office of the
local authority and on the State web portal, shoing the category-wise names of
eligible households and their members. (15)
The State Government shall regularly
review the list of the eligible households for the purpose of deletion of
ineligible households or inclusion of eligible households. (16)
During the review, the State
Government shall take into account, inter alia the increase in the number of
eligible households or their members due to migration in to the State, Birth,
Marriage, change in social and economic status and the decrease in the number
of eligible households or their members due to migration outside the State,
death, marriage, change in social or economic status: Provided that the total number of eligible households after
the review shall not exceed the ceilings prescribed in sub-clauses (4) and (5). (1)
The State Government shall issue
ration cards to the eligible households as mentioned in the final list
specified under sub-clause (14) of Clause 3: Provided that while issuing ration cards to the eligible
households, the Food Commissioner shall ensure that the coverage of the number
of eligible households is not merely done with a view to exhausting the
State-wise ceiling of number of eligible households. (2)
The State Government shall issue a
ration card only to a citizen of India who is resident of this State and who
fulfills the conditions for getting a ration card as may be prescribed by the
State Government: Provided that the State Government may also issue a ration
card to a household or a person residing in the State by virtue of the
household or person being granted the status of a refugee and is allowed the
entitlement of benefit on humanitarian grounds by the Central Government. (3)
The State Government shall ensure that
a ration card, whether paper based or a smart card, is issued for use under the
Targeted Public Distribution System or schemes mentioned in the Food Security Act
or a specific scheme of the State Government for distribution of essential
commodities. (4)
While issuing a smart card instead of
ration cards the State Government shall ensure that a point of sale electronic
device for reading the smart card is installed at the fair price shop. (5)
The State Government shall issue
separate and distinct ration cards to the Antyodaya households and the priority
households. (6)
Ration card shall not be used as a
document of identity or proof of residence. (7)
The State Government shall prescribe a
suitable form of application for new ration card and modification in the
existing ration card. (8)
Any modification referred to in
sub-clause (7) may be made on account of shifting of residence, birth or death,
change in category of beneficiary, corrections in the details mentioned in the
card or any other such reason. (9)
The form referred to in sub-clause (7)
may include requisite details including Aadhaar Number, Bank account details
and mobile telephone number. (10)
The Food Commissioner shall retain all
the information under this clause in the software prepared by National
Informatics Centre or as per the fields and standards prescribed by the Central
Government. (11)
The Food Commissioner shall maintain
the ration card data in the digitized database and ensure that issue of a new
ration card and modification in the existing ration card is undertaken through
the software programme so that the database is automatically updated. (12)
The State Government shall designate
the authority and office for receiving, registering, acknowledging and
processing of application for issuance of ration card or modification in the
ration card. (13)
The State Government may also
prescribe the procedure for receiving the application through online mechanism
including the use of e-service centers, kiosks. (14)
The designated authority shall issue a
ration card to an eligible applicant within a reasonable time not exceeding one
month of the date of receipt of the application after necessary checks and
verification. (15)
The designated authority shall issue a
ration card in replacement of existing ration card only when the existing
ration card is lost or becomes unfit for use on account of being damaged or
mutilated or is exhausted fully or where there are requests for modification in
the ration cards. (16)
The details of the services relating
to the ration cards and timeframe for delivery of services shall be notified by
the State Government and displayed in the public domain including on the State
web portal. (17)
The list of the ration card holders shall
be displayed in the public domain including in the office of the local
authority and on the State web portal, showing the category-wise names of the
eligible households and their members. (18)
The Food Commissioner shall make all
endeavours to eliminate bogus or ineligible ration cards as a continuous
exercise. (19)
The Food Commissioner shall organize
an annual special drive before the end of every financial year for the
elimination of bogus or ineligible ration cards. (20)
The State Government shall submit a
report of ration cards deleted or cancelled on quarterly basis to the Central
Government in the format at Annexure II. (21)
The State Government may issue
directions under this order to specify manner in which ration cards are to be
issued from time to time. (1)
The State Government shall lift food
grains from the designated depots of the Corporation through its authorised
agency. (2)
The State Government shall, on getting
allocation of food grains from the Central Government, issue allocation orders
authorizing their agencies to lift food grains from the Corporation and such
order among others shall specify. (i)
number of cards and units; (ii)
balance in hand; and (iii)
allocation made for each month in
respect of a fair price shop. (3)
While making allocation to the fair
price shop, designated authority shall take into account the balance stock, if
any, lying undistributed with the fair price shop owner for the subsequent
allocations. (4)
The designated authority shall ensure
that one copy of the allocation order made to the fair price shop is delivered
to the local authority, vigilance committees, and any other body nominated by
the State Government for monitoring the functioning of the fair price shop. (5)
The Food Commissioner shall ensure that
the allocation order depicting the stocks of food grants allotted during the
month to the fair price shops is displayed on the public domain including on
the State web portal. (6)
Before taking delivery of food grains
from the Corporation, an officer of the State government not below the rank of
Food and Civil Marketing Inspector and an officer of the Corporation shall
jointly inspect the stocks of food grains intended for issue to ensure that the
stocks confirm to the prescribed quality specifications. (7)
After the joint inspection, the
Corporation shall issue to the State Government, before dispatch of food grains
from godown, one stack-wise sealed sample jointly, drawn for display at the
fair price shop and a duplicate sealed sample drawn shall be kept with the
Corporation for future reference: Provided that in case the authorized agency of the State
Government takes delivery of food grains from the Corporation and stores the
food grains in an intermediate godown before delivering them to the fair price
shop dealers, the authorized agency shall follow the procedure under this
sub-clause at that intermediate godown: Provided further that where decentralized procurement of
food grains is in operation in the States, the authorized agency of the State Government
shall follow the procedure under this sub-clause. (8)
The quantity of the samples to be
drawn, retention period of the samples and disposal of the samples shall be as
per the instructions issued by the Central Government from time to time. (9)
The Food Commissioner shall ensure the
lifting of food grains from the Corporation by the last day of the month
proceeding the allocation month. (10)
The extension of time for lifting of
food grains from the Corporation may be considered by the Central Government or
the Corporation only in very rare and deserving cases as per the instructions
issued by the Central Government. (11)
The Food Commissioner shall device
suitable mechanism for transportation of food grains from the Corporation
godown to the intermediate godown and the door-step delivery of the food grains
to the fair price shop: Provided that the State Government may also transport food
grains directly to the fair price shop from the Corporation godown and ensure
its door-step delivery to the fair price shop. (12)
A report on quarterly basis shall be
furnish by the State Government to the Central Government regarding door-step
delivery in the format at Annexure III. (13)
Necessary checks shall be exercised by
the State Government to ensure that full quantity and the same quality of food
grains as lifted by them reaches their godowns and in turn at the fair price
shop. (1)
The allocation of food grains made by
the State Government to District under the Targeted Public Distribution System
shall be used for distribution as per the provisions of the Food Security Act
and not for any other purpose. (2)
A utilization certificate shall be
furnished every year by the State Government in the format as at Annexure IV. (3)
The Food Commissioner shall ensure,
through the authorized agency, physical delivery of food grains to the fair
price shop by end of the month preceding the allocation month and in any case
not later then the first week of the allocation month. (4)
The Competent authority shall obtain a
monthly certificate, including through electronic platform, confirming delivery
of allocated food grains to the fair price shop and their distribution to
eligible households during the allocation month from the designated officer and
compilation of such all certificates of the Districts shall be made available
to Commissioner through Joint Commissioner/Deputy Commissioner (Food)
concerned. (5)
The monthly certificate shall be
jointly given by the following- (i)
the fair price shop owner; (ii)
two or more member, one being
necessarily women, of the vigilance committee; (iii)
the designated officer. (1)
With a view to affecting fair
distribution of food grains and scheduled commodities the State Government shall
issue directions under Section 3 of the Act to such number of fair price shop
in an area and in the manner as it deems fit. (2)
(i) A fair price shop shall be run
through such person and in such manner as the Collector, subject to the
directions of the State Government may decide; (ii) A person appointed to run a fair price shop under
sub-clause (1) shall act as the agent of the State Government; (iii) A person appointed to run a fair price shop under
sub-clause (1) shall sign an agreement, as directed by the State Government
regarding running of the fair price shop as per the draft appended to this
order before the competent authority prior to the coming with effect of the
said appointment. (3)
The Food Commissioner shall ensure
that the number of ration card holders attached to a fair price shop are
reasonable, the fair price shop is so located that the consumer or ration card
holder does not have to face difficulty to reach the fair price shop and that
proper coverage is ensured in hilly, desert, tribal and such other areas
difficult to access. (4)
The State Government shall fix an
amount as the fair price shop owner's margin, which shall be periodically
reviewed for ensuring sustained viability of the fair price shop operations. (5)
The Food Commissioner shall put in
place a mechanism to ensure the release of fair price shop owner's margin
without any delay. (6)
The State Government shall allow sale
of commodities other than the food grains and other scheduled commodities
distributed under the Targeted Public Distribution System at the fair price
shop to improve the viability of the fair price shop operations. (1)
The fair price shop owner shall
disburse food grains to the ration card holders as per his entitlement under
the Targeted Public Distribution System. (2)
A ration card holder may draw his full
entitlement of food grains in more than one installment. (3)
The fair price shop owner shall not
retain the ration cards after the supply of the food grains. (4)
The license issued by the State
Government to the fair price shop owner shall lay down the duties and
responsibilities of the fair price shop owner, which shall include, inter alia, (i)
sale of food grains as per the
entitlement of ration card holders under the Targeted Public Distribution
System at the prescribed retail issue price; (ii)
display of information on a notice
board at a prominent place in the shop on daily basis regarding (a) entitlement
of food grains, (b) scale of issue, (c) retail issue prices, (d) timings of
opening and closing of the fair price shop including lunch break, if any, (e)
stock of food grains received during the month, (f) opening and closing stock
of food grains, (g) the mechanism including authority for redressal of
grievances with respect to quality and quantity of food grains under the
Targeted Public Distribution System, and (h) Toll-free helpline number; (iii)
maintenance of the records of ration
card holders, e.g. stock register, issue or sale register shall be in the form
prescribed by the State Government including in the electronic format in a
progressive manner; (iv)
display of samples of food grains
being supplied through the fair price shop; (v) production of books and records
relating to the allotment and distribution of food grains to the inspecting
agency and furnishing of such information as may be called for by the
designated authority; (v)
the shop keeper shall in the end of
each month submit a detail description of receipt of food grain and other
essential commodities, actual distribution during the month and remaining
balance of stock to designated officer who will sent a compilation of all such
certificates under his area of appointment to the competent authority. (vi)
opening and closing of the fair price
shop as per the prescribed timings displayed on the notice board. (5)
Any ration card holder desirous of
obtaining extracts from the records of a fair price shop owner may make a
written request to the owner along with the deposit of the fees specified by
order by the State Government. The fair price shop owner shall provide such
extracts of records to the ration card holder within fourteen days from the
date of receipt of a request and the said fee: Provided that the State Government may prescribe the period
for which the records are to be kept for providing the ration card holder by
the fair price shop owner. (6)
The State Government shall prescribe
the procedure to be followed by the designated authority in cases where the
fair price shop owner does not provide the records in the manner referred in
sub-clause (5) to the ration card holder in the stipulated period and the
designated authority in each case shall ensure that the records are provided to
the ration card holder without any undue delay. (7)
The Competent authority shall take
prompt action in respect of violation of any condition of license including any
irregularity committed by the fair price shop owner, which may include
suspension or cancellation of the fair price shop owner's license. (8)
The maximum period within which
proceedings relating to enquiry into irregularities committed by the fair price
shop owner shall be concluded, resulting in any action as under sub-clause (7)
shall be two months. (9)
In case of suspension or cancellation
of the agreement, the Competent authority shall make alternative arrangements
for ensuring uninterrupted supply of food grains to the eligible households: Provided that in case of cancellation of the agreement of
the fair price shop owner, new agreement shall be issued within a month of
cancellation. (10)
The State Government shall furnish
complete information on action taken against a fair price shop owner under this
clause annually to the Central Government in the format at Annexure V. (1)
The Food Commissioner shall ensure
regular inspections of fair price shops not less than once in a week by the
designated authority in urban area and twice in a month in rural area by the
designated authority concerned. (2)
The Food Commissioner shall ensure
that stocks of food grains under the Targeted Public Distribution System, as
issued from the Corporation godowns, are not replaced or tampered with during
storage, transit or any other stage till delivery to the ration card holder. (3)
Any authority or any person authorized
by the Food Commissioner it in this behalf or any other person, who is engaged
in the distribution and handling of food grains under the Targeted Public
Distribution System, shall not indulge in substitution or adulteration or
diversion or theft of stocks at any stage till delivery to the ration card
holder. Explanation. For the purpose of this clause, (a)
"diversion" means
unauthorized movement or delivery of food grains released from godowns but not
reaching the intended beneficiaries under the Targeted Public Distribution
System; (b)
"substitution" means
replacement of food grains released from godowns with the same articles of
inferior quality for distribution to the intended beneficiaries under the
Targeted Public Distribution System. (4)
The State Government shall set up
vigilance committees for the Targeted Public Distribution System at the State,
District, Block and fair price shop levels as per the provisions of the Food
Security Act to perform functions as specified in the said Act as already
specified in Section 9 of Uttar Pradesh Food Security Rules, 2015. (5)
Meetings of the vigilance committees
shall be held at least once in every quarter of calendar year as specified in
Section 9(3) of Uttar Pradesh Food Security Rules, 2015. (6)
The Food Commissioner through State
Government shall send a report annually to the Central Government on the
functioning of vigilance committees in the format at Annexure VI. (7)
The number of meetings held by the
vigilance committees shall be displayed on the State web portal and the action
taken on issues discussed in meetings of vigilance committees shall be reviewed
in the next meeting. (8)
The State Government shall notify an
internal grievance redressal mechanism which shall include toll free call
centers and use of State web portal. (9)
The Food Commissioner shall give wide
publicity to the up-to-date details of the Grievance Redressal Officer such as
name, telephone number including mobile number, office address and the
grievance redressal mechanism. (10)
The State Government may appoint or
designate, officers as the District Grievance Redressal Officer, as provided in
the Uttar Pradesh State Food Security Rules, 2015. (11)
An appeal against the order of the
District Grievance Redressal Officer shall be preferred before the State Food
Commission constituted under Section 16 of the Uttar Pradesh State Food Commission
Rules, 2015. (12)
The Food Commissioner shall furnish a
report on quarterly basis to the State Government regarding the handling of
grievances in the format at Annexure VII. (13)
The Food Commissioner shall issue and
adopt a Citizen's Charter as stipulated under law or based on the model
Citizen's Charter issued by the Central Government. (14)
The Food Commissioner shall prescribe
a system of periodic reporting, including through electronic platform, at
various levels within the State regarding the functioning of fair price shops. (15)
The Food Commissioner shall ensure
monitoring of the end-to-end operations of the Targeted Public Distribution
System through the electronic platform. Explanation. For the purpose of this sub-clause
"end-to-end operations" shall include activities relating to
digitization of beneficiary, ration cards, and other databases, computerization
of supply-chain management, setting up of transparency portal, grievance
redressal mechanism and fair price shop automation. (16)
The Food Commissioner shall take
necessary steps to educate the ration card holders regarding their rights and
privileges by the use of electronic and print media as well as display boards
outside the fair price shops. (1)
All Targeted Public Distribution
System related records shall be placed in the public domain and kept open for
inspection to the public in the manner as may be prescribed by the State
Government. (2)
Every local authority or any other
authority authorized by the State Government which shall conduct or cause to be
conducted periodic, social audits on the functioning of fair price shops of
Targeted Public Distribution System and other welfare schemes after giving
fifteen days notice to the said shops or schemes and concerned authorities in
accordance with such guidelines as may be notified from time to time by the
State Government. (3)
The State Government may, if it
considers necessary, conduct or cause to be conducted social audit through
independent agencies having experience in conduct of such audits. If any person contravenes any of the provisions of this
order he shall be liable to punishment under Section 7 of the Act. (1)
The Commissioner, the food officer,
the competent authority and designated officer may within his jurisdiction 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 vessels in which he
has reason to believe that any contravention of the provisions of this order
has been or is being, or is about to be made, to produce any book, account or
other documents showing transaction relating to such contravention; (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 or is
being or is about to be made; (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 there from as may be considered necessary and certified by
the person to be correct have been taken. (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 applied to search under this order. (1)
Appeal in relation to action or
subject covered under the National Food Security Act, 2013 and rules framed
under it shall lie before the authority mentioned in subclause (10) of Clause
11 of this order but appeal against appointment, suspension and cancellation of
fair price shop by the Competent Authority shall lie before the Divisional
Commissioner. (2)
Any person aggrieved by an order of
the Designated Authority denying the issue or renewal of a ration card or
cancellation of the ration card under the National Food Security Act, 2013 may
appeal to the Appellate Authority within thirty days of the date of receipt of
the order. (3)
Any person aggrieved by an order of
the Competent Authority denying the issue or renewal of the agreement to the
fair price shop owner, suspension or cancellation of the agreement may appeal
to the Appellate Authority namely the Divisional Commissioner or the Joint
Commissioner/Deputy Commissioner (Food) authorized by him in writing to hear
and dispose appeal 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: Provided that once an appeal has been disposed of by the
Appellate Authority, the time for issue or renewal of the agreement of the fair
price shop owner by the Competent Authority referred to in sub-clause (9) of
Clause 10 shall begin from the date of decision of the Appellate Authority on
the appeal: Provided further that an appeal pending before an Appellate
Authority appointed under the Uttar Pradesh Schedule Commodities Distribution
Order, 2004 shall be disposed of by such authority as if this order had not
been made. (4)
Mo appeal shall be disposed of unless
the aggrieved person has been given a reasonable opportunity of being heard. (5)
Pending the disposal of an appeal, the
Appellate Authority may direct that the order under appeal shall not take
effect for such period as the authority may consider necessary for giving a
reasonable opportunity to the other party under sub-clause (4) or until the
appeal is disposed of, whichever is earlier. No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or intended to be
done in pursuance of this Order. The State Government may give such directions as it may
deem necessary to the Food Commissioner for execution of all or any of the
provisions of this order. (1)
No person shall manufacture, prepare,
print or keep in his possession any blank ration card or any seal or stamp
which is used or likely to be used for preparation of unlawful ration cards or
use such ration cards for receiving any scheduled commodities. (2)
No person shall knowingly receive or
use, or assist any one in receiving or using any unlawful ration card or
receive on assist in receiving any scheduled commodities except on a valid
ration card. (3)
No public servant shall wilfully or
knowingly issue or held in issuing an unlawful ration card to any person. The agent shall observe such condition as the State
Government or the Collector may by an order in writing direct from time to
time, in respect of opening of shop, maintenance of stocks, supply and
distribution of scheduled commodities maintenance of accounts, keeping of the
register filing returns and issue of receipt of identity card holder and other
matters. No person authorized as agent by the Competent Officer
shall appoint as such agent or transfer his agency to any other person by any
means whatsoever and no person other that the person authorized as agent shall
carry on business either as a sub-agent or as a transferee from the agent or
otherwise on behalf of such agent. Any act performed under the provision of the Uttar Pradesh
Scheduled Commodities Distribution Order, 2004 which is hereby repealed prior
to commencement of this order shall be deemed to have been validity performed
under the provisions of this order. The provisions of this order shall have effect not
withstanding anything to the contrary contained in any order made by the State
Government before the commencement of this order except as respects anything
done, or omitted to be done thereunder before such commencement. SCHEDULE [See Clause 2(v)] 1. 2. 3. 4. 5. Wheat Rice Pulses Atta Sugar 6. 7. 8. 9. Edible Oil Kerosene Oil Coarse Grains Salt SCHEDULE [See Clause 7(2)] Draft Agreement to be proposed after DFA Control order is
finalized UTTAR PRADESH ESSENTIAL COMMODITIES
(REGULATION OF SALE AND DISTRIBUTION CONTROL) ORDER, 2016
PREAMBLE