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West Bengal Public Distribution System (Maintenance and Control) Order, 2003

Food and Supplies, , 👁️ 126

 Whereas the Governor is of opinion that it is necessary and expedient so to do for maintaining supplies and securing availability and distribution of essential commodities under the Public Distribution System;

GOVERNMENT OF WEST BENGAL
FOOD AND SUPPLIES DEPARTMENT

No. 5880-FS/FS/Sectt/Food/4P-2/01 (Pt.) dated 22.12.2003

NOTIFICATION

Whereas the Governor is of opinion that it is necessary and expedient so to do for maintaining supplies and securing availability and distribution of essential commodities under the Public Distribution System;

Now, therefore, in exercise of power conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the Government of India, Ministry of Consumer Affairs (Department of Food and Public Distribution) Order No. G.S.R. 630(E), dated the 31st August 2001, the Governor is pleased hereby to make the following order, namely:-

Order
PART I
Preliminary

1. Short title and commencement:-

1) This order may be called The West Bengal Public Distribution System (Maintenance and Control) Order, 2003.
2) It extends to the whole of West Bengal except the areas where The West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2003 is in force.
3) It shall come into force on such date as the state Government may, by notification, appoint.

2. Definitions:-

In this Order, unless the context otherwise requires,-

a) “Above Poverty Line families” means those families who have been issued Above Poverty Line (APL) ration cards by the Department of Food and Supplies, Government of West Bengal, for issue public distribution commodities under the Public Distribution System;
b) “Act” means the Essential Commodities Act, 1955 (10 of 1955);
c) “Antyodaya families” means those poorest families from amongst Below Poverty Line (BPL) families identified by the State Government and entitled to receive public distribution commodities under the Antyodaya Anna Yojona;
d)”Appellate Authority” means the authority appointed by the State Government to exercise the powers of the Appellate Authority under this order;
e) “authority” means any officer not below the rank of Sub-Inspector working in the Department of Food and Supplies, Government of West Bengal;
f) “authorised nominee” means the Department of Food and Supplies or a Corporation dealing with essential commodities or a company owned by the Government or a Co-operative;
g) “Below Poverty Line families” means those families who have been identified by the concerned authority under the Government of West Bengal for issue of public distribution commodities at subsidised rates adopting the estimates of poverty given by the Central Government;
h) “Dealer” or “fair price shop owner” means a person and includes a Co-operative Society or a corporation or a company of a State Government or a Gram Panchayat or any other body in whose name a shop has been licensed to distribute public distribution commodities under the Public Distribution System by an order issued under section 3 of the Act;
i) “Director” means the director of District Distribution, Procurement and Supply and includes an Officer not below the rank of Assistant Director in the said Directorate;
j) “eligible applicant” means an individual who is a resident of the State and fulfils the condition for getting a ration card as directed by the State Government from time to time;
k) “Essential commodities” means essential commodities as defined under clause (a) of section 2 of the Act;
l) “notification” means notification published in the Official Gazette;
m) “public distribution commodity” means such commodities from the list of essential commodities as may be declared to be public distribution commodity by the State Government;
n) “public Distribution System” means a system for distribution of public distribution commodities to the ration card holders through the fair price shops;
o) “ration document” includes a ration card or a ration Permit issued by the authority under the Food and Supplies Department, Government of West Bengal for purchase of public distribution commodities under the Public Distribution System from the fair price shop;
p) “State Government means the Government of West Bengal in the Department of Food and Supplies;
q) Unless the context otherwise requires, words and expressions used in this Order but not defined shall have the same meaning as assigned in the Act.

PART II
Issue of Ration Card

3. Issue of Ration Cards :-

Every bonafied citizen of India having resided permanently in the State of West Bengal will be entitled to have a ration card to be issued by the authority under the Food Department, Government of West Bengal.

4. Procedure for issue of ration card :-

A person not having any ration card shall apply to the Inspector of Food and Supplies Department in Form R.O.I. for issue of a ration card and the Inspector after causing an enquiry in regard to the particulars furnished by the applicant and having been satisfied with the correctness of the information supplied by the said applicant will issue a ration card with the approval of the concerned Sub-divisional Controller, Food and Supplies Department within one month from the date of receipt of the application. However, if the Inspector does not find the application to be suitable for issue of ration card, he shall record the reasons in writing and submit it to the Sub-divisional Controller, Food and Supplies Department with an intimation to the applicant within the stipulated period for issue of ration card.

5. Appeal against refusal of ration card :-

An applicant having denied of a ration card shall be at liberty to appeal against such denial to the Sub-divisional Controller, Food and Supplies Department and the said Sub-divisional Controller, Food and Supplies Department after examination and after giving a personal hearing to the applicant shall dispose cf the said appeal within fifteen days from the date of filing of such appeal.

6. Validity of the ration card :-

Ration card so issued shall remain valid till the holder of the ration card resides in the State of West Bengal or his/her death.

7. Surrender of ration card :-

In the event of termination and/or change of residence from this State to the other State in the country or outside the country, the holder of the ration card will surrender his/her ration card to the issuing authority along with an application stating therein the reason for such surrender and period of surrender, as the case may be.

8. Cancellation of ration card :-

If it is found by any authority that a ration card was issued to a person mistakenly or the ration card was obtained fraudulently or the ration card is possessed by a person unauthorisedly, the said ration card would be cancelled by the issuing authority after recording the reasons for such cancellation.
Where a person is found to obtain a ration card in a fraudulent manner the issuing authority in the discretion shall lodge an FIR with the local police station for taking necessary action.

9. Suspension of ration card for long absence or for non-drawal of ration commodities for a period exceeding four weeks :-

If a ration card holder is found absent from the residence for a period more than four weeks consecutively, or if he fails to draw any public distribution commodity from the fair price shop for a period exceeding four weeks, the issuing authority shall place the said ration card under suspension with an intimation to the fair price shop with which the card is tagged.

10. Identification of ration card :-

Separate ration card shall be issued to APL people, BPL people and the people coming under the scheme of Antyodaya Anna Yojana.

11. Revalidation of ration card :-

If a ration card holder applies for revalidation of his card which had been placed under suspension by the issuing authority, the said issuing authority after consideration of the prayer for such revalidation shall arrange for revalidation of the card with seven days from the date of receipt of such application.

12. Re-issue and replacement of mutilated, defaced, lost card, etc. :-

On surrender of mutilated and defaced ration card or reporting of loss of ration card, along with the fee as may be specified by notification a fresh ration card against the mutilated, defaced or lost card shall be issued.

13. Change of address, age, name, surname, lead of the family in ration card :-

In the event of any change of address, age, name, surname, head of the family, the holder of the ration card shall apply to the Inspector of Food and Supplies Department in Form R02. The Inspector after making such enquiry as he may think fit, allow the changes as prayed for by the holder.

PART III

Distribution of public distribution commodities and appointment of Dealers and Distributors

14. Submission of indents :-

Every Dealer shall submit an indent to the Inspector of Food and Supplies Department indicating his requirement and closing stock in Form R-l and the said Inspector shall make allotment of public distribution commodities for taking delivery from the authorised agencies engaged in distribution of essential commodities under the Public Distribution System.

15. Lifting of public distribution commodities :-

Every dealer after having allotment of public distribution commodities as may be made by the alloting authorities separately for APL, BPL and Antyodaya Anna Yojona, Shall arrange for lifting of the allocated stock within 48 hours of such allotment. While making an allotment, the alloting authority shall consider the weekly or fortnightly requirements of the concerned Dealer on the basis of number of ration cards and scales of distribution of public distribution commodities as may be fixed by the State Government from time to time.

16. Distribution of public distribution commodities against ration cards :-

Every Dealer shall arrange for distribution of public distribution commodities between 7.30 a.m. to 11.30 a.m. in the morning and between 4 p.m. to 6 p.m. in the evening against the ration cards and shall not deny the distribution of public distribution commodities to any ration card holder, who presents the ration card during the working hours on any distribution day.

Explanation-Distribution day means Tuesday to Saturday and morning session on Sunday.

17. Duties and responsibilities of the Dealers :-

i) Every Dealer shall ensure the quality and quantity of public distribution commodities during the time of taking delivery of such public distribution commodities from the selected agencies of the State Government, are supplied to them.

ii) The Dealer shall not charge any excess price than the fair price fixed by the State Government from time to time for any reason whatsoever, and shall issue a cash memo against every sale of public distribution commodities to the card holders.

iii) Every dealer shall maintain proper books of accounts including ration card registers, stock registers and daily sale registers and shall produce for inspection or verification to any authority authorised by the Sub-divisional Controller, Department of Food and Supplies for undertaking such inspection.

iv) The Dealer shall display of information on a notice at a prominent place in the shop on daily basis regarding (a) list of BPL and Antodaya Beneficiaries, (b) entitlement of essential commodities, (c) scale of issue, (d) retail issue prices, (c) timings of opening and closing of the fair price shop, (f) stock of essential commodities received during the month, (g) opening the closing stock of essential commodities and (h) the authority of redressal for grievances/lodging complaint with respect to quality and quantity of public distribution commodities under the Public Distribution System.

v) Every Dealer shall abide by the instruction as may be issued from time to time by an authority not below the rank of Sub-Inspector under Food and Supplies Department.

18. Regulation regarding storage and sale of public distribution commodities :-

i) Every Dealer shall arrange for storage and sale of adequate quantity of public distribution commodities as may be required for distribution to the ration card holders under different categories and schemes.

ii) The Dealer shall not store or sale any commodity outside the selected public distribution commodities as allotted to him. Provided that a dealer may be permitted to store and sale such other items of daily necessities at such prices and in such quantities as may be fixed by the Central Government/State Government from time to time under different schemes to be operated separately and not forming a part of this Order.

iii) Every Dealer shall ensure the submission of weekly return in Form R-1 along with the indent to the Inspector while approaching for allotment of public distribution commodities. In addition to weekly return the dealer shall furnish monthly a list of the registered ration card holders attached to his shop.

iv) The Dealer shall ensure the storage of public distribution commodities in a hygienic way and shall take, quality maintenance measure including rodent control measure to ensure safe storage of the stock.

19. Appointment, issue of licence and termination of Dealership :-

i) In the event of resignation or death of any Dealer, a resultant vacancy as may arise, shall be filled up by appointment of a new Dealer and if it appears to be necessary to the District Administration for declaration of a new vacancy for catering the need of consumers in any particular area, the vacancy needs to be declared in consultation with the concerned Panchayat Samity/Municipality with the’approval of the District Controller, Department of Food and Supplies. The vacancy may be declared through public notification/advertisement.

ii) Any bonafide citizen of this State may apply for appointment of a Dealer in Form A and after having the applications, the Sub-divisional controller, Department of Food and Supplies shall arrange for an enquiry by the Inspecting staff attached to his office with a view to examining the eligibility of the applicants within one month from the last date of receipt of applications.
The enquiry report along with all documents with specific recommendation of the Sub-divisional Controller, Department of Food and Supplies shall be sent to the District Controller, Department of Food and Supplies through the concerned Panchayat Samity/Municipality for the approval of later. The District Controller, Department of Food and Supplies after having assessed the eligibility of the applicants and taking into account the recommendation made by the Sub-divisional Controller, Department of Food and Supplies and Panchayat Samity/ Municipality shall accord his approval. In the event of any difference of opinion between the District Controller, Department of Food and Supplies and the recommending authorities, the District Controller, Department of Food and Supplies after recording the reasons for difference shall sent it to the Regional Deputy Director for his opinion within 15 days from the date of receipt of the recommendation from the Sub-divisional Controller, Department of Food and Supplies. The Regional Deputy Director shall dispose of the matter within 10 days from the date of receipt.

iii) After having approval from the District Controller, Department of Food and Supplies or the Regional Deputy Director, Food and Supplies, as the case may be, the Sub-divisional Controller, Food and Supplies shall issue an appointment letter to the successful candidate and shall grant a licence in Form B against licence fee of Rs. 200.00 initially for a period of two years and the licence, so issued shall have to be renewed each year after the expiry of the initial period of two years on deposition of renewal fee of Rs. 50,00 by the licensee.

iv) Apart from licence fee, the appointed Dealer shall be required to deposit a security deposit of Rs. 1000.00 only in the form of any recognised security like Bank Guarantee, National Savings Certificate etc. The Security so deposited shall be pledged in favour of the Governor of West Bengal.

v) In the event of loss/defacement/damage of the licence so issued to a Dealer, the Dealer may apply for a duplicate licence on deposition of fee of Rs. 1000.00 and the Sub-divisional Controller, Department of Food and Supplies after causing an enquiry shall arrange for issue of licence within 10 days from the date of receipt of application from the dealer.

20. Inspection, supervision of the Dealer by the authorised officials of the Department of Food and Supplies :

1) With a view to securing the equitable distribution of public distribution commodities to the consumers against ration cards, an official not below the rank of Sub-Inspector of the Department of Food and Supplies duly authorised by the Sub-divisional Controller, Department of Food and supplies or the District Collector, Department of Food and Supplies or Regional Deputy Director, Department of Food and Supplies, may, inspect the shops and godowns of a Dealer on any working day during the hours of business and may require the production of books of accounts, stock of public distribution commodities, weighing devices by the dealer for verification.

2) If during the course of inspection, the inspecting official is of the opinion that the books of accounts which are required to be brought to the office for examination or there is any discrepancy of stock of public distribution commodities, the said inspecting official may seize the stocks and books of accounts or the weighing devices for verification,

3) In the event of seizure of stock or books of accounts or weighing devices, the inspecting official shall follow the provision as contained in section 100 of the Code of Criminal Procedure, 1973 (2 of 1974).
Notwithstanding anything contained in this Order, an official duly authorised by the State Government, may summon the dealer for production of documents and stocks of public distribution commodities and the weighing devices at any time if such verification appears to be necessary in the interest of public.

21. Penalty :

i) If on examination of the documents and/or stocks of public distribution commodities or weighing devices, any discrepancy is detected, the Sub-divisional Controller, Department of Food and Supplies, shall issue a notice to the concerned Dealer asking for explanation in writing for such discrepancy and may also place the dealership under suspension till the disposal of the proceedings by the Sub-divisional Controller, Department of Food and Supplies:

ii) On receiving the reply from the dealer, the Sub-divisional Controller, Department of Food and Supplies, shall give an opportunity of hearing to the Dealer and on recording there reasons, the Sub-divisional Controller, Department of Food and Supplies may terminate the licence and appointment issued to the Dealer or forfeit the security deposit of the Dealer or may pass an order for deduction of ration cards tagged with the said Dealer. The departmental proceedings drawn against the Dealer shall have to be completed by the concerned Sub-divisional Controller, Department of Food and Supplies within three months from the date of serving notices asking for explanation.

22. Appeal :

Where a dealer is aggrieved against the order passed by the Sub-divisional Controller, Department Food and Supplies, the Dealer may file an appeal to the District Controller, Department of Food and Supplies, who, may dispose of the appeal within a period of 45 days from the date of receipt of the appeal :
Provided that if any action is taken as per instruction of the District Controller, Department of Food and Supplies the appeal shall lie with the Regional Deputy Director. Similarly an appeal against an action arising out of the instruction of a Regional Deputy Director, shall lie with the Director of District Distribution, Procurement and Supply.

23. Appointment of Distributor :

i) In the event of a vacancy arising out of death or resignation of an existing distributor or for better functioning of Public Distribution System in a particular area, the vacancy is to be declared with the approval of the Regional Deputy Director. The Sub-divisional Controller, Department of Food and Supplies, shall seek an approval of the Regional Deputy Director through the concerned District Controller, Department of Food and Supplies, and on obtaining approval, shall declare such vacancy through public notification/advertisement.

ii) The applications, as may be received from the bonafide citizen of the State for appointment of distributor against a particular vacancy, shall be enquired into by the Sub-divisional Controller, Department of Food and Supplies, within 15 days from the date of such receipt of such applications and the enquiry report along with the recommendation of the Sub-divisional Controller, Department of Food and Supplies shall be sent to the District Controller, Department of Food and Supplies within 10 days from the date of completion of enquiry. After having such report, the District Controller, Department of Food and Supplies shall send it to the Zilla Parishad along with his recommendation and the Zilla Parishad shall forward the same to the Regional Deputy Director for approval.

iii) If the Regional Deputy Director does not agree with the recommendation made by the District Controller or the Zilla Parishad, as the case may be, he shall refer the matter to the District Magistrate for his views and-the views of the District Magistrate shall be final. After having approval from the Regional Deputy Director or District Magistrate, as the case may be, the District Controller, Department of Food and Supplies shall arrange for issue of appointment letter to the selected distributors within 15 days from the date of receipt of the said approval and shall arrange for issue of licence against an application made by the appointed distributor, in Form C. The distributor so appointed shall have to deposit a licence fee of Rs. 500.00 and the licence shall remain valid for two years. Thereafter, the licence shall be required to be renewed every year against a fee of Rs. 200.00 as may be deposited by the distributor along with the application for renewal of licence within a period of validity of licence. Besides the licence fee, the distributor shall be required to furnish a security deposits of Rs. 10,000.00 in the form of National Savings Certificate, Kishan Vikash Patra, etc. pledged, in favour of the Governor of West Bengal.

iv) While appointing a distributor, the concerned authority shall take into consideration the volume of business, number of Dealers to be tagged with the distributor and other factors as may be required to be examined in the interest of Public Distribution System.

24. Duties and responsibilities of a Distributor :

i) Every distributor shall take adequate measures for lifting the allotted quantity of public distribution commodities and shall ensure the delivery of those commodities to the Dealers, who shall approach the distributor with an indent issued by the competent authority.

ii) The distributor shall arrange for display of stock-board and rate-board in a conspicuous place and shall maintain proper books of accounts pertaining stock of different commodities, sale of commodities to the Dealers, cash memo books, returns of indents. Every distributor shall issue a cash memo against each sale of the commodities to the Dealers.

iii) The distributor shall submit a return in Form R-l along with the indent for allocation of public distribution commodities to the Sub-divisional Controller, Department of Food and Supplies, and after having the allocation order from the concerned Sub-divisional Controller, Department of Food and Supplies, the distributor shall arrange for lifting of the commodities from the designated storage place, within two days from the date of allocation of the commodities.

iv) Every distributor shall ensure adequate lifting and storage of public distribution commodities as may be allocated to him from time to time.

v) The distributor shall ensure the storage of public distribution commodities in hygienic way and shall take quality maintenance measure Including rodent control measure to ensure safe storage of the stock.

25. Inspection and Supervision :

With a view to examining the functioning of a distributor, an official not below the rank of Inspector working in the Department of Food and Supplies, shall visit the shop and office of the distributor periodically, and during such visit he may require the distributor to produce books of accounts, stocks, weighing devices, etc. for verification. If any discrepancy is detected in course of inspection, the inspecting officer may seize the commodities and/or books of accounts and/or weighing devices and in accordance with the provisions of section 100 of the Criminal Procedure Code, 1973 (2 of 1974). The inspecting official may visit the office/godown of a distributor on any working day during the office hours and on special circumstances beyond the working hours.

26. Procedure for dealing with the irregularity of distributorship :

a) Every distributor shall abide by the instruction as may be issued from time to time by an authority not below the rank of an Inspector working in the Department of ‘Food and Supplies. He shall also abide by the terms and conditions of the appointment and licence as may be issued to him.

b) In the event of detecting any discrepancy of commodities or for violation of any order as may be issued by the competent authority and/or violation of any condition of appointment and licence, the Sub-divisional Controller, Department of Food and Supplies, shall issue a notice of show cause to the distributor asking for a explanation of the irregularity committed by the distributor, within 15 days from the date of detection of irregularity and/or any other misconduct and may also place the licence under suspension with the approval of the District Controller, Department of Food and Supplies till the disposal of the proceedings as may be drawn against the said distributor.

c) Upon receipt of the explanation as may be submitted by the distributor against the notice of show cause served upon him by the Sub-divisional Controller, Department of Food and Supplies, the Sub-divisional Controller shall forward the said explanation with his remarks to the District Controller, Department of Food and Supplies, within 10 days from the date of receipt of such explanation. The District Controller, Department of Food and Supplies, after giving an opportunity of hearing to the distributor, shall dispose of the proceedings within one month from’ the date of receipt of communication from the Sub-divisional Controller, Department of Food and Supplies.
The District Controller, Department of Food and Supplies, in course of disposal of the proceedings, may terminate the licence and appointment issued to the distributor or may forfeit the security deposited by the distributor or may reduce the number of dealer attached with the said distributor. In the event of termination of licence, the security deposit shall stand automatically forfeited to the State.

27. Appeal :-

If any distributor is aggrieved with the order as may be passed by the District Controller, Department of Food and Supplies, the aggrieved distributor may file an appeal before the Regional Deputy Director who shall dispose of the same after giving an opportunity of hearing to the concerned distributor within one month from the date of filing of an appeal. However, if any proceedings is drawn against a distributor as per instruction of the Regional Deputy Director, the appeal shall lie beofe the Director of District Distribution, Procurement and Supply.

PART IV

Miscellaneous

28. Penalty for contravention of this Order :-

If any person contravenes any provision of this Order he shall be liable to punishment under section 7 of the Act.

29. Protection of action taken under Order :-

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.

30. Order not to apply in certain cases :-

Nothing in this Order shall apply to-

a) Any State Government or the Central Government, other than the State of West Bengal;
b) The Food Corporation of India;
c) West Bengal Essential Commodities Supply Corporation Limited;

In respect of sale and storage for sale of stock of food grains and/or Public Distribution Commodities through Public Distribution System.

By order of the Governor,

Sd/- Director-General (Food) & ex officio
PI. Secy. to the Govt. of West Bengal

No. 5880-FS dated 22.12.2003