TR YR IMYRY TS, 10 IR, 2016 17 ST TP - . [mfl(u)efiaz)] fimfififiwfimfim(@/fiw/fiw/mflafifimfi%fifl) Y BeeET AR fimrufl?afifi:flflwsmfiq’c’fi%fiqmqfiflaflaaw R R S FioerT Bt R | Romad @1 | R @ aRe o | e @ ORM | R @ aid 7 e @ SR | . Rraw @ wen | Poerd ¢ R | R @ ) Eakicd e i g 2 R 4 5 '&Wflfl—mmfiwa}mfimfififimwmafiml . IN pursuance of the | provisions of clause 3) of Article 348 of the Consm’utmn, the Governor is plensed 1o drder-the publication of the following English tmnslatmn of notification No.1729/XXIX-6-16- 1355a-: 2015 dalcd Augus! 10,2016 for general information: E .
’ No. 1729IXXIX 6-16-13552-2015 i Dated Lucknow, Aygm 10,2016 - WHEREAS the Stale Govemmenl is of the upm on that it is necessary and expedient so to do for maintaining the supplies of food grains and otheér Esséntial Commodities and for securing their equntable dlstnbunon and avallabnhty at fair pnces under the targeted public distribution system.
Now, THEREFORE in exercxse of the powérs conferred under section-3 of the Essential Commodities Act. 1955 (Act. 16:10 of 1955) read with the notification of the Govemment of India, ‘Mmlslry of Consurier A ffail | 00d and Public Dlsmbuhon (Department of Food and Public Distribution) published urider GSR- 20]3(5) dated March 20, 2015 and séction 21 of the General Clauses Act, 1897 (Act no.10 of 1897) and ‘in supersession_of Government Notification: .n0.4398/xxix-Food-6-18sa-01, dated, December 20, 2004 IMMMmake the following Order, namely :- THE UTTAR PRADESH ESSENTIAL COMMODITIES (REGULATION OF SALE AND DISTRIBUTION CONTROL) ORDER,:2016
1. (1) This Order may be called the Uttar Pradesh Essential Commodities ~Shorttitle, extent (Regulation of Sale and Distribution-Control).Order, 20J6. and i commencement
(2) It extends to whole of Uttar Pradesh:
(3) It shalf'come into force Wwitheffect from the date of its publication in the Gazette. i Definitions 2. (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;
RPH Eng 17 1o dota 6 €
(c) "Allocation Month" means the month in, allocated by Central Government and the State Gov under the Targeted Public Distribution System;
(d) "Antyodaya Anna Ycjana" means the scheme. by the ai launched by the Central Government on the 25th day of December, 20 modified from time to time;
(e) "Antyodaya Households" means those households identified by the;
State Government to receive food. g:ams under. the Antyodaya Anna Yojana;
(f) "Appellate Authe 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 Commissionér of concerned Division of the State’ of Uttar Pradesh in relation to the appointment, suspension and cancelation of a fair i price shop by the Competent authority who may delegate this power to the * Joint Commlssloner/Deputy Commlssloner(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 authorized by the State Government;
(h) "Collector” includes District Magistrate and an officer authorized 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;
‘(i) "Competent Authorify" means Collector and includes Additjonal District Magistrate (Civil Supplies), District Supply Officer and Sub- Divisional Magistrate or Area Rationing Officer, . (k) "Corporation" means, the Food Corpomtlon of India consmuted under the Food Corporations. Act, 1964 (37 of 1964); .
(I) "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 authonzed by the State Government;
- (m) "Eligible Households" means all those households who have been identified for the purpose under thé*National Food Secunty Actof2013;
(n) "Fair Price Shop" means a shop set up “aswdirected by the State Government under this order ‘for distribution of food grains, sugar, kerosene oil etc. under various orders of Central and State Govemment
(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,— o Head of the family.
« Husband/Wife, including legally adopted children.
© Adult children, who are fully dependent on the head of the famlly « Unmarricd, legally separated and widow daughters; and o 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, Ad Magistrate (civil supplies), District Supply Officer, Sub- Divisional Magistrate, Area Rationing Officer or any other officer authorized by the State Government in this behalf;
s 331 KPH Eng 17 to data 6 € - »A_moflffl&, :
TR TR IR I, 10 3T, 2016 19
(r) "Food Security Act" means the National Food Security Act, 2013 (20 0f 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 cligible house hold;
. (u) "Rules" means Uttar Pradesh Food Security Rules, 2015;
) "Schedulcd Commodity" means food grains and commodities specified in the Schedule appenidéd 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 section0 of Uttar Pradesh food Security Rules, 2015;
. .
(x) "State" means the State of Uttar Pradesh ; | . () "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;
.. (i) 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. . :
3. (1) The State Government shall, as soon as possible, identify- ' lt]lcmificulion of ’ . igibl L (a) the households to. be covered under the Antyodaya Anna Yojana; :K:i's::o‘ds and i
(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 Goyernment may, if it deems 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-L. . )
(ii) Antyodgya households; .
(iiii) 'remaining to be covered under ;'Jriority 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-l, shall .be under the two categories refer to in sub clduse (i).
20 SR R SRR ToE, 10 37T, 2016 . =
(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 froiii time to time.
(7) The State Government shall prepare and notify the -guidelines for | identification of pricrity 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 B 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 Governmentshall prescribe ‘the detailed procedure for finalization of the list of eligible houscholds covering, inter-alia, aspects like the process of drawifig ip 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 venfy and certify the final list of eligible households and the local authority shall pass aresolution adopting the final list of the eligible households. . H
(14) The final list of the eligible households shall be displayed in the public i domain including office of the local authority and on the State web portal, showing the category-wise names of eligible households and their members.
(15) The State Government shall regularly reviéw the list df the eligible households for the purpose of deletion ofmehglhle Households or inclusion of eligible households. * . i i
(16) During the review,,.‘ihe State Government shai[ 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).
Ration Cards 4. (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, thé 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 eeiling of number of eligiblehouseholds.
TR W MR TWE, 10 37, 2016 B i
(2) The State Government shall issue a ration card only to a citizen of India xcced the who is resident of this State and who fulfills the conditions for getting a ration card as @ may be prescribed by the State Government: Sampetent — = g 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 benefits on humanitarian grounds by the Central Government.
i (3) The State Government' shall ensure that a ration card, whether paper ted & 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.
o] . (6) Ration card shall not be used as a document of identity or proof of i residence.
(7) The State Government shall prescribe a suitable form of apphcatlon for 7 3 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.
i S 5
(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.
22 SR FAY IR TOE, 10 I, 2016 Lifting of food grains by States
(18) The Food Commissioner shall make all endeavors to ellmm ineligible ration cards as a continuous exercise.
(19) The Food Commissioner shall erganize an annual sp.cxa" rive befor the end ofevery 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-11.
(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.
5. (1) The State Government shall lift food grains from the deslgnaled depots of the Corporation through its authorised agency
(2) The State Government shall, on getting allocation of food grains from the Central Governmeit, issue allocation orders authorizing their agencies to lift food grains from the Corporation and such order among others shall specify- (%) number of cards and units;
(i) 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 fimcnomng of the fair price shop.
(5) The Food Commissioner shall ensure that the allocation order depicting the stocks of food grains allotted during the month to the fair price shops is displayed ori thé 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 storés 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 preceding the allo
(10) The extension of time for lifting of food gfains from the Corporation may be considered by the Central Govemment or the Corporation only in very rare and deserving cases as per the instructions issued by the Central Government.
331 RPH Eng 17 to data 6 € S N N t R TR T IR T, 10 3T, 2016 3
(11) The Food Commissioner shall devise 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 méy 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 Centfal Government regarding door-step delivery in the format at Annexure -1I1.
(13) Necesséw checks shall be exercise 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,
6. (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 than 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 Commissicner (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 nessecerally women, of the vigilance committee;
(iii) the designated officer.
7. (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 Actto 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;
- (iiii) A person appointed to run a fair price shop under sub-clause m 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 holdefs attached to a fair price shop are reasonable, the fair price shop is so located that the Gonsumer or ration card holder does not have to face difficulty to reach the fair price shop and that ¢ 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.
Distribution of food grains by States Appointment and regulation of fair price shops 331RPH Eng 17to dar 24 SR 9V SRR T, 10 IR, 2016
(5) The Food Commissioner shall put in place a mechanism to ensure release of fair price shop owner's margin without any delay. .
(6) The State Government shall allow sale o grains and other scheduled commodities Distribution System .at the fair price shop tc shop operations, distributed under the Targeted Pub] Operation of fair 5 (1) The fair price shop owner shall. disburse food grains to the ration card price shops as per his entitlement under the Targeted Public Distribution System, " (2) A ration card holder. ma;
than one installment,
(3) The fair price.shoj of the food grains.
holders y draw his full entitlement of food grains in more P owner shall not retain the ration cards after the supply
(4) The-license issued b shall lay down the duties and res;
include, inter alia,~ y the State’Government to the fair pfice shop owner ponsibilities of the fair price shop owner, which shall
(i) sale of food grains as per the under the Targeted Public Distribution S price;
entitlement of ration card holders ystem at the prescribed retail issue
(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 lufich 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 sam ples of food grains being supplied through the fair price shop; ) w production of books and recor[:ls relating to the allotment and distribution of food grains to the in:
information as may be called for by officer who will sent a compilation of al appointment to the competent authority.
(vii) opening ‘and closing of the fair price shop as per the prescribed timings displayed on the notice board.
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.
E modities other than the fogq o improve the viability of the fair price TR T IMHRY T, 10 3TRA, 2016
(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.
9. (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 ot 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." CE.
(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.
Monitoring 3 TR TR SRR oA, 10 37T, 2016 Transparency and accountability Penalty Power of search and seizure ) functioning of fair price shops.
" welfare scliemes after’ giving fifteen days notice to the said shops or schemes and 331RPHENg 17 todata 6 E
(8) The State Government shall notify an internal grieval mechanism which shall include toll free call centers and use of State Wi
(9) The Food Commissioner shall give wide publicity to the uj of the Grievance Redressal Officer such as name, telephone number number, office address and the grievance redressal mechanism.
(10) The State Government may appoint or designate, officers as the Distr Grievance Redressal Officer, as provided in the Uttar Pradesh State Food Securi 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 E:l the Uttar Pradesh State Food Commission Rules, 2015. O
(12) The Food Commissioner shall furnish a report on quarterly basis to the | .Fc State Government regarding the handling of grievances in the format at Annexure-VII. m
(13) The Food Commissioner shall issue and adopt a Citizen's Charter as E}f stipulated under law or based on the model Citizen's Charter issued by the Central Government. )
(14) The Food Commissioner sha[lvpr'cscribe a system of periodic reporting, including through electronic platform, at various levels within the State regarding the
(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, computerizatior: of supply-chain management, setting up of trafisparéncy portal, grievance redressal mechanism and fair price shop automation.
(16) The Food Commissioner shall take necessary steps to educate the ration card holders régarding their rights and privileges by the use of electronic and print media as ‘well @ display boards outside the fair price shops.
10. (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 Distribiition System and other s t T y 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.- o 1L If any person contravenes any of the provisions of this Order he shall be liable to punishment under section,7 of the Act. £
12. (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 contraver of the ions of this order has been or is being; or is about to be made, to produce any book, account or other documehts showing transaction relating to such contravention; .
TTR T IR T, 10 37T, 2016 27
(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 miay 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.
13. (1) Appeal in relation to action or subject covered under the National ; Food Security Act, 2013 and rules framed under it shaJl lic before the authority mentioned in sub-clause (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 day; 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 agreemefit 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 Utter Pradesh Schedule Commodities Distribution Order, 2004 shall be disposed of by such authority as if this order had not been made.
(4) No 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 subclause (4) or until the appeal is disposed of, whichever is earlier.
14. 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.
15. 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.
""" 16.(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 receivé on assist in receiving any scheduled commodities except on a valid ration card.
(3) No public servant shall willfully or knowingly issue or help in issuing an unlawful ration card to any person.
Appeal Protection of action taken under this order Power of Central Government to give directions Unlawful ration card T A SRR TTE, 10 37, 2016 Condition 17. The agent shall observe such conditions as the State G to the observed Collector may.by an order in writing direct from time to tine, in-resp by the agent shop, maintenance of stocks, supply and distribution of scheduled maintenance of accounts, keeping of the register filing returns and issue ol identity card helder and other mattcrs. i Ban or Transfer 18. No person authorized as agent by the Competent Officer sha of agency such'agent or transfer his agency to any other person by any means whats person other that the person authorized as agent shall carry on busines: * sub-agent or as a transferee from the agent or otherwise on behalf of such il appoint ¢ oever and no s either as a agent.
19. 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.
Validation Provisions 20. The provisions of this order shall have effect no of the order to é the contrary contained in any order made by the State Government_before the prevail over N dersop | COMmencement of this order except as respects anything done, or omitted to be done g::::z';zm:‘:t thereunder before such commencement.
t withstanding anything to
SCHEDULE [See clause-2(v)] .
L Wheat 6. Edible Oil ) S 2 Rice T Kerosene Oil ! 3. f’ulses N 8. Coarse Grains 4. Atta 9 Salt
5. Sugar
SCHEDULE [ See clause- 7 (2)] Draft Agree;nent to be proposed after DFA Control order is finalized By order, SUDHIR GARG, Pramukh Sachiv.
ANNEXURE-1 [See Clause-3 (4)] Coverage under the Targeted Public Distribution System under section 3 (2) of the National Food Security Act, 2013 (see clause 3) RL State/UT |Population Coverage Antyodaya no. (Census 2011) - Anna as Percentage | Number of persons to be covered Yojana “of Population (Number Rural | Urban | Rural Urban Total of .
families)* 1 2 3 4@ | 4i) 5@3) 5 (i) 5 (iii) 6 1 Uttar 199,581,477 | 79.56 | 64.43 123,406,329 (28,652,314 152,058,643 | 4,094,500 Pradesh * Within the total State-wise number of persons be covered under National Food Security Act, 2013 as indicated in Column 5 (iii).
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