Authoritative
English text of this Department Order N: FDS-A)3)-8/2002, dated 28.11.2003
as required under clause (3) of Article 348 of the Constitution of India.)
GOVERNMENT
OF HIMACHAL PRADESH
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS.
No.
FDS-A(3)-8/2002 dated : Shimla-171002 the 28.11.2003;
ORDER
Whereas
the Governor of Himachal Pradesh is of the opinion that it is necessary
so to do for maintenance of supplies and for securing equitable distribution
and availability of some of the essential commodities at fair pries;
Now therefore,
in exercise of the powers conferred by section 3 of the Essential Commodities
Act, 1955 (10 of 1955) read with the Government of India in the late Ministry
of Agriculture and Irrigation (Department of Food) Order GSR-800 dated
9th June, 1978 and Ministry of Industries and Civil Supplies (Department
of Civil Supplies and Co-operation) Order 8.0.681 (E) and 682(E) dated
30th November, 1974 and in pursuance of directions given in Clause 5 of
Annexure to the Public Distribution System (Control) Order, 2001 issued
by the Government of India Ministry of Consumer Affairs, New Delhi vide
G.S.R. 630(E) dated 31st August, 2001, the Governor of Himachal Pradesh,
is pleased to make the following Order, Namely:-
1. Short title,
PART-I PRELIMINARY Extent and Commencemen
(1) This order may be called the Himachal Pradesh Specified Articles (Regulation
of Distribution) Order, 2003.
(2) It extends to the whole of the State, of Himachal Pradesh.
(3) It shall come into force from the date of publication in the Rajpatra
Himachal Preadesh.
2.
Definitions.
(1) In this order, unless the context otherwise requires.-
(a) “ Act” means the Essential Commodities Act 1955 (10 of 1955).
(b) “Authorised document” means a permit or an authorization issued or
deemed to have been made or issued under this Order for purchase or sale
or storage for sale or distribution of any specified articles;
(c) “Authorised wholesaler” means the institution who are authorized to
deal in the wholesale business for the procurement of essential commodities
allotted by the Government/Department and issue essential commodities
to fair price shop for sale to the consumers on Consumer Cards and includes
a “sub-wholesaler”;
(d) “Consumer” means a person drawing any essential commodity through
fair price shops against Consumer Card issued by the specified authority
declared for the area concerned in which the consumer permanently or temporarily
resides;
(e) “Consumer Card” means a household consumer card or other document
issued or made under or n pursuance of the provisions of this order for
obtaining supplies of the specified articles;
(f) “Consumer Card Holder” means a person to whom a consumer card has
been issued;
(g) “ Controller” means , the District Food & Supplies Controller
of the area concerned or any other officer/official authorized by the
Director to exercise3 all or any of the powers of the Controller under
this Order;
(h) “ Deputy Commissioner” means the Deputy Commissioner of the District
concerned;
(i) “ Director” means the Director of Food, Civil Supplies and Consumer
Affairs Himachal Pradesh and shall also included the Joint/Deputy Director
of Food, Civil Supplies and Consumer Affairs of Himachal Pradesh;
(j) “Fair Price Shop” means a shop recognized by the specified authority
for sale of any essential commodity for the time being issued on Consumer
Card by the Food and Supplies Department from time to time;
(k) “Fair Price Shop Holder” means a retail dealer authorized under the
provisions of clause 3 of this order in respect of any specified article;
(l) “ Family” means a joint family of all persons descended from common
ancestor who live, worship and mess together permanently as shown in the
Parivar Register of the Panchayat but persons residing elsewhere due to
their profession/business shall not be included in the family for the
purpose issue of consumer card;
(m) “Form” means a Form appended to this Order;
(n) “Government” means Government of Himachal Pradesh;
(o) “Household” means a family unit living together in one building or
in a portion of the building having a common Kitchen;
(p) “Institution” means a hospital, a convalescent home, a Sanatorium,
an asylum, a school, a hostel providing meals and includes all other institutions
of a like nature as may be specified by the Government;
(q) “Public Distribution Committee” means a committee constituted by the
Director, by notification for the purpose of considering and recommending
the names of any persons or body of persons or institutions to be a wholesaler
or Fair Price Shop holder in respect of specified Articles;
(r) “Public Distribution System” means a system under which Specified
articles are distributed to consumers against the consumer card through
the network of fair price shops;
(s) “Quantum” means quantity of any specified article fixed by the Director
for distribution against the consumer card from time to time;
(t) “Rural area” means any area or area falling within the territorial
jurisdiction of a Panchayat, but doesn’t include the area falling within
the any urban area;
(u) “Specified authority” means an authority who issued consumer card
to the consumers for obtaining supplies of essential commodities from
the fair price shop;
Explanation-1
. In Urban areas the consumer card shall be issued by
the District Inspector or Inspector of the Food, Civil Supplies and Consumer
Affairs Department or any officer authorized by the Controller.
Explanation-2. In Rural areas the consumer card shall
be issued by the Pradhan Gram Panchayat in their respective jurisdiction
and if there is no Panchayat Pradhan and the Panchayat is defunct, the
consumer card shall be issued by any official /officer authorized for
the purpose by the respective Controller of the District.
(v) “ Specified Article” means an essential commodity which the Director
may, by notification published in the official Gazette, declare to be
a specified article for the purpose of this Order;
(w) “Urban area” means an area administered by the Municipal corporation
or a Municipal Council or a Cantonment Board, or a Nagar Panchayat in
the State; and
(2) The words and expressions used but not defined in this order shall
have the same meaning as are assigned
to them in the Act.
3.Issue of authorization to wholesaler and fair price holders.
(1) With a view to regulating the distribution of any specified articles,
the Controller, with the approval of the Public Distribution Committee,
may authorize any person or body of persons to be a wholesaler or a fair
price shop-holder in respect of such specified article(s) for the purpose
of this Order, and thereupon such wholesaler or fair price shop-holder,
as the case may be, shall obtain and supply specified articles(s) in accordance
with the provisions of this order or any directions issued there under:
Provided that the authorization issued to the authorized wholesaler and
fair price shop holder under the provisions of the Himachal Pradesh Specified
Essential Commodities (Regulation and Distribution) Order,1979 and inforce
immediately before the commencement of this Order shall be deemed to be
an authorization issued under this clause.
Every application for an authorization shall be made in Form ‘A’ to the
Controller, giving correct information asked for therein alongwith such
other information or documents as may be required.
Every authorization issued under sub-clause (1) shall be in Form ‘B’ in
case of wholesaler and in form ‘C’ in case of fair price shop holder.
A duplicate copy shall be retained by the Controller in his office and
any alteration made in such authorization shall be recorded in such authorization
shall be recorded in it. The Controller shall recorded every authorizations
issued by him in a register prescribed by him.
(3) Subject to any directions issued by the Director in this behalf, every
application for the issue of an authorization shall be considered giving
due regard to,-
(i) the
need for authorized wholesaler or the fair price shop holder in the area
or locality in which the business premises of the applicant are situated;
(ii) the suitability of the premises for proper storage and sale of specified
articles(s);
(iii) the
suitability of the applicant in view of his past record of dealings in
essential commodities and other business, if any, being carried on by
him or his near relations in the same premises or in the same area or
locality or elsewhere in the state of Himachal Pradesh;
(iv) any
other factor considered relevant to the grant of an authorization under
this Order.
(4) Every person applying for an authorization shall, before such authorization
is issued to him, deposit the amount of authorization is specified below
in the Government treasury under the appropriate head of account and also
deposit the amount of security, as specified below, duly pledged to the
Controller, in the manner as may be specified by him , for due performance
of the terms and conditions of the authorization issued to him:-
Security Authorisation fee per annum
(i) Wholesaler 5,000-00 1000.00
(ii) fair price shop-holder 1,000.00 200.00
(5) Authorisation shall be valid upto 31st December of the year.
(6) A separate authorization shall be necessary for each place of business.
(7) If any authorization is defaced, lost or otherwise destroyed, the
Controller may on application of the wholesaler or fair price shop holder,
as the case may be, and on payment of a fee of Rs. 500/- for wholesaler
and Rs. 100/- in case of fair price shop holder in the Government treasury,
issue a duplicate authorization.
(8) The Controller may, whether at the request of the wholesaler or fair
price shop holder or uomotu, after making such inquiry as may be deemed
necessary, add, amend, delete or alter the entries of the authorization
relating to godowns, place of business, area of operation and the name
of parties etc.
(9) An application for renewal of authorization shall be made, alongwith
the authorization fee, specified in sub-clause (5) to the Controller before
the expiry of the license;
Provided that the Controller
may entertain an application upto 31st March, upon the payment of late
fee as prescribed below:-
Wholesaler Retailer/ Sub- whole- Fair Price Shop saler. Holder.
(i) For the first 20/- 10/- Fortnight
(ii) For the Second Fortnight 30/- 15/-
(iii) For each sub- sequent fortnight. 40/- 20/-
Provided
that if the authorization is not got renewed within 3 months after the
expiry of the validity period i.e. upto 31st March of the year, the same
shall stand cancelled and the security shall also stand forefieted to
the Government. The cancellation of authorization and forefeiture of security
in default of non-renewal of the authorization will not affect the right
of dealer to obtain a new authorization after deposit of the usual authorization
fee;
Provided further that if the authorized wholesaler/fair price shop holder
discontinues his business during the validity of the authorization, he
shall have to surrender his authorization to the Controller to claim the
refund of the security deposits.
(10) The authorization may be renewed upto 3 years
at a time on deposit of authorization fee specified in sub-clause (5).
PART- II- DISTRIBUTION
AND SUPPLY OF SPECIFIED ARTICLES.
4.
Supply by Wholesaler.- No wholesaler shall supply or offer or
attempt to supply or cause to be supplied any specified article to any
person other than a person who is a sub-wholesaler, or a fair price shop
holder, or person(s) duly aurhotised by them, in this behalf against their
signatures, duly attested by the sub-Divisional Magistrate or Tehsilder/Naib
Tehsildar or Inspector (Food Civil Supplies and Consumer Affairs) /Inspector
( Cooperative Department), in case of Cooperative institutions within
his jurisdiction, or against any of the authorized document and in such
quantity and at such prices as may, from time to time, be specified by
the Government of Director or Controller in this behalf under and in accordance
with the provisions of this Order.
5. Instructions to Authorised Wholesalers.-
(1) An authorized wholesaler shall maintain such forms and registers
and submit such returns and statements as may be required by the Director
and comply with such general or special directions as may be issued by
the Government or the Director or the Controller concerning the manner
in which and conditions subject to which any specified article may be
obtained or supplied or kept.
(2) An authorized wholesaler shall obtain such quantityof specified articles
as are necessary to enable him to meet the requirements of the authorized
documents.
6. Supply by Fair PriceShop holder: No fair price shop
holder shall sell or agree to sell or supply or agree to supply or cause
to sell or supply specified articles to any person except against the
consumer cards registered with him or against the authorized document
issued by competent authority concerning and except at such quantum and
prices as may be specified from time to time by the Government or Director
or Controller in this behalf in accordance with the provisions of this
Order.
7. Instructions to Fair Price Shop holder.-
(1) A fair price shop holder shall register consumer cards issued by the
specified authority concerned in whose jurisdiction the shop is located.
He may, however, register cards of other areas, if specifically permitted
to do so by the Controller.
(2) A fair price shop holder shall supply specified articles only against
the consumer cards registered with him or against any authorized document
issued by any authority under and in accordance with the provisions of
this Order.
(3) On demand and offer of price by or on behalf of the holder of the
consumers card, the fair price shop holder shall supply, subject to availability,
specified articles not exceeding the quantity obtainable on such consumer
cards and shall make correct and true entries at the appropriate space
provided in the consumer card.
(4) The fair price shop holder shall maintain a daily sale register in
For ‘D’ and shall also obtain signatures of the consumer card holders
in token of having received the specified articles so issued to him.
(5) On the basis of the consumer cards registered with him, the fair price
shop holder shall submit indent for supply of specified articles in the
manner specified by the Controller from time to time.
(6) A fair price shop holder shall be entitled to obtain supplies of specified
articles on the basis of aurthorised documents possessed by him, from
time to time from the authorized wholesaler mentioned in such documents
and by such date as may be specified therein.
(7) A fair price shop holder shall maintain a register in “Form- “E” ;
he shall register the consumer cards, and shall obtain the signatures
or thumb impression of the consumer card holder in the space provided
for this purpose and he shall put the serial number of registration on
the consumer card.
(8) The fair price shop holder shall maintain proper record of purchase,
distribution and sale of specified articles and registration or consumer
cards and other authorized documents separately for each APL, BPL and
Antodaya Family, as may be specified by the Controller from time to time.
(9) The fair price shop holder shall send a monthly statement of registered
units (persons) every month to the Controller alongwith indent in such
form as may be specified by the Controller.
(10) Every fair price shop holder shall keep such records relating to
the authorized documents in such manner as may be specified by the Government
or Director or the Controller from time to time.
(11) The fair price shop holder shall comply with all general or special
directions given in writing from time to time by the Government or the
Director or the Controller concerning the manner in which and the conditions
subject to which any specified article may be obtained/supplied or kept
for house-hold consumption or in connection therewith as also in connection
with the maintenance of accounts, submission of reports etc.
(12) A fair price shop holder shall not register consumer cards if the
total number of units registered with him exceeds the maximum units specified
by the Controller in this behalf;
Provided that the Controller may be order exempt any fair price shop from
the restriction imposes under this clause.
(13) The fair price shop holder shall not keep in his possession any consumer
card irrespective of the fact whether such consumer cards are registered
with him or not.
8. Suspension/ cancellation of authorization and forfeiture of
Security.-
(1) The Controller, within his jurisdiction, may, at any time, whether
on the request of the person to whom an authorization has been issued
or on his contravention or attempt to contravene any of the provisions
of this order or directions issued there under from time to time in this
behalf or any term or condition of the authoristion or any directions
issued there under, after making such enquiry as may be necessary, without
prejudice to any other action that may betaken against him to amend, suspend
or cancel the authorization issued under clause-3 of this order.
(2) Without prejudice to any action that may be taken under sub-clause
(1) in respect of contravention of any of the provisions of this Order,
the Controller, within his jurisdiction the Controller, within his jurisdiction
may forfeit the whole or part of the security deposited under sub-clause
(5) of clause 3 of this order and thereupon the authorized wholesaler
or the fair price shops holder whose security has been so forfeited, shall
forthwith deposit an amount equivalent to the sum forfeited so as to make
up the deficiency good in the amount of security;
Provided that where an authorized wholesaler or fair price shop holder
is exempted from deposit of the security under clause 16, the Officer
concerned, may, impose penalty of a sum not exceeding the security deposit
prescribed for such authorization under sub-clause (5) of clause 3 of
this Order;
Provided further that before passing any Order under sub-clause (1) or
sub-clause (2), the Controller shall give a reasonable opportunity of
being heard to the party concerned;
Provided further that where an enquiry is pending against authorized wholesaler
or fair price shop holder, and it is considered necessary to suspend the
authorization, the authority concerned, on satisfaction, shall suspend
the authorization for the period not exceeding three months.
(3) Where an authorized wholesaler or a fair price shop holder has been
convicted by a court of law for the contravention of this Order or any
other order issued under section 3 of the Act, the Controller shall, by
order, in writing, cancel his authorization;
Provided that where such conviction is set aside in appeal or revision,
the Controller, on an application by the person whose authorization has
been cancelled, may re-issue the authorization to such person.
9.
Termination of authorization.
(1) Notwithstanding anything contained in this Order, the Controller may
with the approval of the Public Distribution Committee, at any time, terminate
the authorization by giving one month’s notice in writing to the person(s
to whom an authorization has been issued under this order and then he
authorization shall cease to be effective upon expiry of the period of
such notice.
(2) It shall be open to the person holding an authorization issued under
this order to relinquish his authorization by giving one month’s notice,
in writing, to the Controller and then the authorization shall cease to
be effective upon receipt of intimation, by such person from the Controller,
of the termination of his authorization;
Provided that the liability of the person holding the authorization shall
not cease until the stock of specified articles and records of authorized
documents have been taken from him by the person specified by the Controller.
PART-III-AUTHORISED DOCUMENTS.
10. Procedure for obtaining consumer cards.
(1) Any person permanently residing or intending to reside permanently
may apply to the specified authority in Form “F” for issue of a consumer
card. The For ‘F’ shall be supplied by the specified authority to any
person at free of cost.
(2) The specified authority may, before issuing a consumer card in For
‘C’ make or cause to be made such enquiry, as he may deep fit, for verification
of the information furnished by the applicant;
Provided that no consumer card may be issued unless the information furnished
in Form ‘F’ by the applicant has been verified, by the Secretary of the
Panchayat concerned on the basis of entries recorded in Pariwar Register
in rural areas and; by the ward Member or /Secretary or Executive Officer
of the local body or Inspector, Food, Civil Supplies & Consumer Affairs
within their respective jurisdiction in Urban area, or; by the Head of
office/controlling officer in case of the employees of the Government/Semi-Govt./public
under-takings.
(3) Every person applying for the issue of a consumer card shall, before
such card is issued to him, deposit a fee of rupees five with the specified
authority. The specified authority shall deposit the fees collected under
this clause into the Government Treasury under the appropriate head of
account.
(4) On the application to be submitted to the specified authority by a
person who has no fixed or identifiable place of dwelling on payment of
fee as specified in sub-clause (3), a temporary consumer card in Form-G/1
may be issue which shall be stamped with the word ‘Temporary ‘and shall
be valid only for the purpose of drawal of kerosene oil only from the
fair price shop catering to the demands of the area/place where such person
temporarily resides. Such consumer cards may be issued for a period not
exceeding six months at a time. Similar temporary consumer cards may be
issued to the migratories for a period not exceeding three months at a
time in the above manner.
(5) If a consumer card has been lost, defaced or damaged, the holder thereof
may apply to the specified authority for duplicate consumer card and such
application shall be accompanied by a fee as specified in sub-clause (3).
The specified authority may, after making such enquiry as he deems fit,
issue a duplicate consumer card.
(6) In the case of death of any member of the family entered in the Consumer
Card, the holder of the consumer card or any other member of his family
shall inform in writing to the specified authority in which he is residing
and shall present the consumer card before him for deletion of the name
of such person from the consumer card. No consumer card holder shall draw
or obtain or cause to be drawn or obtain or cause to be drawn or obtained
any specified articles in respect of such a person irrespective of the
fact whether or not the name of such person has been deleted from his
consumer card;
Provided that in case of the death of the consumer cardholder, the specified
authority shall issue a fresh card after charging the fee as specified
in sub-clause (3).
(7) Except as otherwise provided in this order, the consumer card shall
be valid for a maximum period of five years.
(8) In the case of a change in address, an application for amendment shall
be made to the specified authority which, after satisfying himself, may
make amendment in the consumer card enabling the consumer card holder
to draw the specified articles from the fair price shop concerned.
(9) The specified authority shall maintain a register in For ‘H’ showing
the name and address and the number of members for which consumer card
is issued. He shall also maintain proper account of the fee or other payments
deposited/ paid in compliance of the provisions of this Order.
(10) No person shall obtain or attempt to obtain a consumer card, by furnishing
information which he known or has reason to believe to be false or, if
he is already in possession of h card or, if some other person is in possession
of consumer card on his behalf or if name of any member of his family
is included in another consumer card.
(11) No consumer cardholder shall keep or allow keeping his consumer card
with any of the Fair Price shop Holders.
(12) No holder of a consumer card or his agent or servant or any other
person on his behalf shall contravene any of the provisions of this order
or conditions of the consumer card, then, without prejudice to any other
action that may be taken against him, his consumer card shall be suspended
or cancelled by order, in writing by any officer/official of the Food,
Civil Supplies & Consumer Affairs Department not below the rank of
a controller;
(13) No person, other than those who have obtained specified articles
from the fair price shop against any of the authorized documents in accordance
with the provisions of this Order, shall possess or store or hold any
specified articles.
(14) No person, firm, association or printing press etc., shall make or
cause to be made or cause to be printed prescribed Form of consumer card
without an order, in writing, from the Director, and every Form of the
consumer card, so printed, shall be numbered consecutively in accordance
with his direction.
(15) The specified authority in relation to rural area shall obtain printed
application and consumer cards Forms from the Controller on payment of
the cost of such Forms as specified in this clause. Out of the fee of
the consumer card so realized 20% shall be reimbursed to the Panchayats
as service charges for preparation of the consumer cards.
11. Procedure for obtaining supplies against Consumer Cards.-
The consumer card holder may register himself with any of the fair price
shop functioning in the concerned locality for obtaining supplies of specified
articles against such card:
Provided that the Controller may, where deemed necessary in the interest
on the smooth functioning of the Public Distribution System, by order,
direct any consumer card holder to register himself with any particular
fair price shop within his area.
12. Power to issue authorised documents.-
(1) With a view to regulating the distribution of any specified
article, the Controller, may issue or cause to be issued aurhtorised documents
to any person or clause or persons or institution or to the public generally;
Provided that no such document shall be delivered to any person unless
such person or any adult member of his family, whom the document it tendered
on his behalf, signs or affix this mark or them impression in token of
receipt of such document as required by the officer deliver in such documents.
(2) The Controller, may at any time whether at the request of the person
to whom any authorised document has been issued or suo-moto, after making
such enquiry, as may be deemed necessary, add to, amend, vary, suspend
or cancel the authorised document. Where any such document is so suspended
or cancelled, the person having possession of such document shall forthwith
deliver the same to the Controller or an officer authorised by him in
this behalf.
(3) Subject to any directions issued in this behalf by the Government
or the Director or the Controller or any other officer authorised by the
Director, may issue special permits for issue of any of the specified
articles(s) under this Order to any person or class of persons who do
not reside or intend to reside permanently in the area or areas concerned
for obtaining supply of any such article for such period and for such
quantity and from such period and for such quantity and from such source
as may be specified therein.
13. Validity of authorised documents.-
(1) No person shall transfer any authorised document issued to him under
the provisions of this order or any specified article obtained against
any such authorised document without prior permission, in writing, of
the Director or the Controller, or any other Officer authorised by the
Government.
(2) Every authorised document issued under this order shall be the property
of the Government, but the person to whom it is issued or surrendered
in whom it is retain under the provisions of this order, shall be responsible
for its safe custody.
(3) When any person is in possession of an authorised document in contravention
of this order, he shall forthwith deliver the same to the specified authority
concerned.
(4) No person shall without lawful authority alter any entry in the authorised
document. If the holder of authorised document find that some other person
has, without lawful authority, made an alteration in the authorised document
affecting its validity or the quantity or the kind of specified articles
obtainable on it, the holder of such document shall forthwith report the
fact to the specified authority concerned in writing.
(5) Where any authorised document is required to be cancelled under or
for the purpose or this order, it shall be cancelled forthwith by the
specified authority, and there upon it shall cease to operate.
PART-IV-MISCELLANEOUS.
14. Power to call for information and records.-
Every authorised wholesaler or fair price shop holder, as the
case may be, when so required by general or special directions by the
Controller in this behalf shall:-
(a) deliver to him all authorised documents and other records surrendered
or given to him under or for the purpose of this order; and
(b) furnish such particulars, accounts and information relating to his
dealings in and stocks of specified articles as may be required.
EXPLANATIONS: For the purposes of this clause an authorised
whole-saler or fair price shop holder includes a dealer whose authorization
has been suspended or cancelled.
15. Power to authorize supply and distribution of specified articles
otherwise than by means of authorised documents.-
Notwithstanding any other provisions of this order, Government may authorize
the supply or disposal of any specified article otherwise than on the
authorised documents.
16. Exemption. - The Government may, by General or special
order and subject to such conditions or restrictions as may be specified
in such order, exempt any person or class of persons or any cooperative
societies from the operation of all or any of the provisions of this order
and may, at any time, suspend or rescind any such exemption.
17.Appeals.-
(1) Any person aggrieved by an order, made by the Controller or specified
authority may appeal within thirty days from the receipt of the orders
to;
(i) The Controller, where the order has been made by specified authority
within his jurisdiction;
(ii) The Director where the order has been passed by Controller;
(iii) The Secretary (Food, Civil Supplies & Consumer Affairs) the
Government of Himachal Pradesh where the order has been passed by the
Director;
Provided that the appellant authority, for reasons to be reduced in writing,
may entertain an appeal after expiry of 30 days, if he is satisfied that
the appellant was prevented from filling the same within he stipulated
period of 30 days for the reasons explained in the application which were
beyond the control of the appellant;
(2) Every appeal shall be filed in duplicate and shall be accompanied
by an attested copy of the order appealed against;
(3) Pending disposal or the appeal, the appellate authority may direct
that the order against which the appeal is made shall not take effect
until the appeal is disposed of.
18. Revision:-
(1) The Director may, of his own motion or on an application, call for
the record of any case decided by the Controller or specified authority
under the provisions of this order and if he is satisfied that the Controller
or specified authority:-
(i) has exercised the jurisdiction not vested in him or it; or
(ii) has exercised the jurisdiction vested in him or it, with material
irregularity, or
(iii) has improperly failed to exercise the jurisdiction vested in him
or it; he may pass such order as he thinks fit.
(2) No order shall be passed under this clause, which adversely affects
any person unless such person has been given a reasonable opportunity
of being heard;
19. Powers to enter and inspect premises, require information, check accounts
and seize articles etc.
(1) The Director or Deputy Commissioner or the Controller or any Magistrate
or any Officer of the Food, Civil Supplies & Consumer Affairs Department
not below the rank of Inspector or any other Officer, if specifically
authorised by the Director in this behalf, within his jurisdiction, may,
in order to secure the compliance of this order or to-satisfy himself
that this order has been complied with and with such assistance as deems
fit, may,
(a) inspect any stocks of specified articles, books, accounts or other
documents pertaining to specified articles and for the purpose of such
inspection, enter and, if necessary, break-open or seal any premises used-
or believe to be used for the sale or distribution or storage of any specified
articles;
(b) direct any person to make any statement or furnish any information
or produce any document or articles in his possession or under his control
relating to the purchase, sale, distribution or storage of any specified
articles any person so required shall comply with such directions;
(c) Direct any person to render any account or to produce books, accounts
or other documents relating to or believed to be relating to the purchase,
sale, distribution or storage of any specified articles and any person
so required shall comply with such directions;
(d) seize any books of accounts and documents, which in his opinion, may
be useful for or relevant to, any proceedings under this order and the
person from whose custody such books of or documents are seized shall
be entitled to make copies thereof or to take extents there from in the
presence of any officer having he custody of such books of accounts or
documents;
(e) test or cause to be tested the correctness of any Weights and Measures
used or believed to be used in any transaction relating to the sale or
distribution of any specified articles;
(f) take or cause to be taken the Weights of all or any of the specified
articles found in any such premises;
(g) take or cause to be taken samples of specified articles kept for sale
for comparing with the approved samples of such specified articles authorised
for sale or for analysis;
(h) require the owner, occupier or the person incharge of any place, premises
, vehicle or vessel or animal in which he has a 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 books of accounts or documents
showing transactions relating to such contravention;
(i) search, seize and remove stocks of specified articles alongwith
the package, covering or receptacles in which such stock is found, if
he has reasons to believe that any provisions of this order has been or
is being or is about to be contravened in respect of such stock or any
part thereof, and any also search, seize and reserve the animals, vehicles,
cessels or other conveyance used in carrying the said specified articles
in contravention or the provisions of this order;
(2) The provisions of section 100 of the Code of Criminal Procedure, 1973
(2 of 1974) shall, so far as any be, apply to sources and seizures under
this clause.
(3) The powers exercisable under this clause shall not be exercised except
for the purpose of securing compliance of the provisions of this order.
20. Repeal and Savings. (1) The Himachal Pradesh Specified Essential Commodities
(Regulation and Distribution) Order, 1979 is hereby repealed.
(2) Notwithstanding such repeal, anything done or suffered there under
or any right, privilege, obligation or liability acquired, accorded of
incurred under the Orders so repealed under sub-clause (1) supra, or any
penalty, forfeiture of punishment incurred or imposed in respect of any
offence committed under the said order or any investigation, legal proceedings
or remedy in respect of such right, privilege, colligation, lisoility,
penalty, forfeiture or punishment as aforesaid and any such investigation,
legal proceedings or remedy may be instituted, continued or enforced and
any such penalty, forfeiture or punishment may be imposed as if the said
Order had not been repelled.
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