UTTAR PRADESH SCHEDULED COMMODITIES DISTRIBUTION ORDER, 1990
(1) This Order may be called the Uttar Pradesh Scheduled Commodities Distribution Order, 1990.
(2) It extends to whole of Uttar Pradesh.
(3) It shall come into force at once.
In this Order, unless the context otherwise requires,-
(a) "Act" means the Essential Commodities Act, 1955;
(b) "Adult" means any person who has completed the age of five years and "child" means any person who has not completed that age;
(c) "Agent" means a person authorised to run a fair price shop;
(d) "Collector" includes District Magistrate and an officer authorised in writing by the Collector/District Magistrate to perform all or any of his functions under this Order;
(e) "Fair Price Shop" means a shop set up under these orders of the State Government for the distribution of Scheduled Commodities;
(f) "Food Officer" means the Food Commissioner, Additional
With a view to effecting fair distribution of Scheduled Commodities the State Government may issue directions to set up such number of fair price shops in an area as it deems fit.
(1) 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 order.
(2) A person appointed to run a fair price shop under sub-clause (1) shall act as the agent of the State Government.
A Food Officer may, either of his own motion or on an application made to him by a qualified resident issue or cause to be issued to such resident for himself and his household or establishment, if any, an identity card authorising purchase of Scheduled Commodities, on payment of such fees as the State Government may from time to time fix. An Identity card issued under clause 8 of the Uttar Pradesh Foodgrains and Other Essential Articles Distribution Order, 1977 or clause 9 of the Uttar Pradesh Scheduled Commodities (Regulation of Distribution) Order, 1989, which was in force in the State immediately preceding the date of commencement of these Orders shall be deemed to have been validly issued under the provisions of this Order.
The Food Officer shall prepare or cause to be prepared an identity card correctly with clearly marked on it the name and the address of the identity card-holder, the number of persons of the household or establishment and the name or some other indication of the agent from whom the identity card-holder is entitled to purchase Scheduled Commodities.
(1) The Food Officer may at any time add to, amend, vary or rescind any identity card :
Provided that in case of rescission of an identity card the Food Officer shall satisfy himself that there are sufficient reasons for him to do so and shall record such reasons in writing.
(2) Where any identity card is so rescinded any person in possession of it shall forthwith surrender it to the Food Officer.
The State Government may prescribe the quantity of a Scheduled Commodity which a unit shall represent generally or for any particular class of persons.
Unless otherwise directed by the Collector, the entire quota of the month may be lifted by the identity card-holder in one purchase.
(1) No identity card-holder shall intentionally present an identity card whether by himself or through any other person, which he knows or has reason to believe includes units for which he is not lawfully entitled to obtain Scheduled Commodities under this Order. Such card is hereinafter in this order called an Invalid Identity Card.
(2) No identity card-holder shall keep in his possession any invalid identity card.
No person shall-
(a) dishonestly apply for or receive or use an identity card when provision has been made for him or any other member of his household or establishment in any other identity card;
(b) give incorrect details while applying for an identity card;
(c) wilfully alter or destroy an identity card issued to him.
When any person is in possession of an invalid identity card from before the commencement of this Order he shall deliver it up to the Food Officer at once.
An identity card-holder shall report to the Food Officer within a fortnight any decrease in the number of units in his identity card whether decrease be on a permanent basis or for a period exceeding three months.
An identity card-holder may apply to the Food Officer for an increase in the number of units furnishing such proof, if any, of the facts necessitating the increase, as the Food Officer may require subject to any directions as may be issued by the State Government in this behalf.
Any person to whom an identity card has been issued may, on proof of its loss, destruction or defacement, be issued, on his application to the Food Officer concerned, a duplicate identity card : Provided that no fee shall be charged when a new identity card is issued on the old card having been filled up.
The agent shall record on the identity card in the space provided therefor the quantity of Scheduled Commodities purchased by the identity card-holder together with the date of such purchase.
The agent shall not keep in his possession identity card of any person other than himself, except by way of bona fide collection of identity cards from persons actually present at the shop at a given time, for facility of distribution of scheduled commodities to them at that time.
No agent shall-
(a) assist any one in preparation or in obtaining any bogus or invalid identity card; or
(b) obtain or use any bogus or invalid identity card; or
(c) draw or receive any scheduled commodities by making false entries in the record.
(1) The Food Officer, a Senior Supply Inspector, a Senior Marketing Inspector, a Marketing Inspector, or a Supply Inspector may, within his jurisdiction in the State with such assistance, if any, as he thinks fit-
(a) require the owner, occupier or any other person in charge of any place, premises, vehicles or vessel in which he has reason to believe that any contravention of the provisions of this Order has been, is being, or is about to be committed, to produce any book, account or other documents showing transaction relating to such contravention;
(b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contraven- tion of the provisions of this Order has been, is being or is about to be committed;
(c) examine and seize
The State Government may authorise any person besides those referred to in Clause 19 to perform all or any of the functions detailed below-
(a) to inspect any stocks of scheduled commodities, books of accounts or other documents pertaining to any scheduled commodities with a view to ensuring that no contravention of this Order is being made and for purposes of such inspection enter any premises used or believed to be used for the sale or distribution or storage of Scheduled Commodities;
(b) to require any person to make any statement or furnish any informa- tion or produce any document or article in his possession or under his control relating to the purchase, sale, distribution or storage of any scheduled commodities and any person so required shall comply with such requisition;
(c) to inspe
(1) No person shall manufacture, prepare, print or keep in his possession any blank identity card or any seal or stamp which is used or is likely to be used for preparation of unlawful identity cards or use such identity cards for receiving any Scheduled Commodities.
(2) No person shall knowingly receive or use, or assist any one in receiving or using, any unlawful identity card or receive or assist in receiving any scheduled commodities except on a valid identity card.
(3) No public servant shall wilfully or knowingly issue or help in issuing an unlawful identity card to any person.
The agent shall observe such conditions as the State Government or the Collector may by an order, in writing, direct from time to time, in respect of opening of shop, maintenance of stocks, supply and distribution of Scheduled Commodities, maintenance of accounts, keeping of the accounts, filing returns and issue of receipts to identity card holder and other matters.
No person authorised as agent by the Collector shall appoint as sub-agent or transfer his agency to any other person by any means whatsoever and no person other than the person authorised as agent shall carry on business either as a sub-agent or as a transferee from the agent or otherwise on behalf of such agent.
The Uttar Pradesh Foodgrains and Other Essential Articles Distribu- tion Order, 1977, published in Gazette vide Notification No 4851/XX1X-F-1117 (8)-67, dated December 3, 1977, and the Uttar Pradesh Scheduled Commodities (Regulation of Distribution) Order, 1989, published in Gazette, vide Notification No.2350/ XXIX-F-11-44-88, dated August 31, 1989 are hereby repealed and the provisions of Sections 6, 8 and 24 of the General Clauses Act, 1897 (Act No. 10 of 1897) shall apply as they apply in relation to the repeal and re-enactment of a Central Act.
SCHEDULE
[See Clause 2 (m)]
1. Wheat. 5. Edible oil.
2. Rice. 6. Kerosene oil.
3. Pulses. 7. Soft coke.
4. Sugar. 8. Controlled cloth.
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