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O.1 .

(1) This Order may be called the Assam Public Distribution of Articles Order, 1982.

(2) It shall apply to the whole of the State of Assam.

(3) It shall come into force at once.

O.2 .

In this Order unless the context otherwise requires—

(a) “appointed dealer” means a person, a firm, an association of persons or a non co-operative society other than a National and State level Co-operative Society, engaged in the business of purchase, sale or storage for sale of any notified article whether or not in conjunction with any other business and includes his representative or agent appointed as such by the Licensing Authority with such terms and conditions as may be specified in the appointment letter to be issued as a licence in Form 1 ;

(b) “notified article” means any article or articles that may be notified as such by the State Government from time to time in the official Gazette ;

The following articles were notified by the Government under the sub-clause as “Notified Articles” ;

1. Rice;

2. Levy Sugar ;

3. Sal

O.3 .

The Licensing Authority may issue licences in Form 1 to such appointed dealers as may be considered necessary from time to time specifying sub-wholesalers or retailers and areas of operation of each appointed dealers :

Provided that organisations and co-operative societies performing any or all of the functions of the public distribution system immediately before the commencement of this Order shall continue to function as such until specific instructions to the contrary are issued to them under this Order.

O.3-A .

Fee for licence and security money chargeable. The fees for licence, renewal of licence and security money of the different categories of licences are as follows :

 

The Licensing Authority may, with a view to regulate supply of notified articles, issue to every head of a family, a Family Identity Card in Form 11 on payment of a fee of rupee one per card specifying” name of the appointed dealer from whom he may obtain his quota of notified articles.

O.5 .

The Licensing Authority may, after giving the holder of a Family Identity Card an opportunity to state his case and after record#31;ing the reason, amend, vary or rescind the Family Identity Card and in every case the holder of the Family Identity Card shall surrender the Family Identity Card to the Licensing Authority.

O.6 .

(i) A Family Identity Card shall not be available for lawful use except when it is used by or on behalf of the person with or in respect of whom it is issued.

(ii) No person shall transfer to any other person any Family Identity Card issued to him under the provisions of this Order.

(iii) Every Family Identity Card issued under this Order shall be the property of the State Government but the person to whom it is issued shall be responsible for its safe custody.

O.7 .

If any Family Identity Card be defaced, lost or destroyed, the Licensing Authority may issue a duplicate Family Identity Card on payment of a fee of rupee one per card, after making such enquiries as he may deem fit.

O.8 .

When a duplicate Family Identity Card is issued under Cl. 7, it shall be the duty of the person to whom the duplicate has been issued that if he subsequently finds the lost Family Identity Card he shall return the lost Family Identity Card forthwith to the Licensing Authority.

O.9 .

When any person is in possession of a Family Identity Card and such possession is not authorised by or under this Order, he shall forthwith deliver such Family Identity Card to the Licensing Authority.

O.10 .

No appointed dealer who has been appointed as a retailer shall issue or sell any quantity of notified articles to any consumer otherwise than on production of the Family Identity Card against entries to be made in the Family Identity Card under appropriate column.

O.11 .

No appointed dealer who has been appointed as sub-wholesaler shall issue or sell any quantity of notified articles to any customer ex#31;cepting the retailers “appointed and attached to his shop by the Licensing Authority.

O.12 .

If a licence issued under this Order is defaced, lost or destroyed the licensee shall forthwith inform the Licensing Authority who may, on application and on payment of a fee of Rs. 5 issue a duplicate licence after making such enquiry as the Licensing Authority may deem fit.

O.13 .

The Licensing Authority may make necessary additions, dele#31;tions and alterations in the entries made in the licence as may be con#31;sidered necessary from time to time.

O.14 .

No holder of a licence issued under this Order or his agent or servant of any person acting on his behalf shall contravene any of the terms and conditions of the licence.

O.15 .

(1) If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken under the Essential Commodities Act, 1955 (Central Act 10 of 1955) his licence may be cancelled or suspended by any order in writing of the Licensing Authority and an entry will be made in his licence relating to such suspension or cancellation.

(2) No order of cancellation shall be made under this clause unless the licensee has been given reasonable opportunity of stating his case against the proposed cancellation but during the pendency or in contemplation of the proceedings or cancellation of the licence, the licence can be suspended for a period not exceeding 90 days without giving any opportunity to the licensee of stating his case.

O.16 .

When a licence issued under this Order is cancelled or sus#31;pended the stock of notified articles shall be disposed of in such a manner as may be considered appropriate by the Licensing Authority.

O.17 .

When a licensee has been convicted by a Court of Law or contravention of any order made under S. 3 of the Essential Com#31;modities Act, 1955 (Central Act 10 of 1955), the Licensing Authority shall, by order in writing, cancel his licence without giving the licensee an opportunity of stating his case :

Provided that where such conviction is set aside in any appeal or revision, the Licensing Authority may, on application by the appointed dealer whose licence has been cancelled under this clause, restore the licence to the appointed dealer.

O.18 .

Every appointed dealer shall, during the shop-hours fixed by the Licensing Authority, display conspicuously a list of prices and stock of notified articles he holds at a place as near to the entrance of his business premises as possible :

Provided that in case any notified article is out of stock the words “Out of stock” shall be written against that article ;

Provided further that the price of any category of notified articles so displayed shall not exceed the price fixed by the Licensing Auth#31;ority.

O.19 .

No appointed dealer shall sell or offer to sell any category of notified articles at a price higher than that fixed by the Licensing Authority.

O.20 .

No appointed dealer shall refuse to sell any of the notified articles till his stock exhausts to such customers as may be specified by the Licensing Authority under Cls. 10, 11, 23 and 27 of this Order.

O.21 .

Every appointed dealer shall furnish a return to such officers and in such form as may be specified by the Licensing Authority.

O.22 .

The Licensing Authority may, from time to time by general or special order in writing, require any appointed dealer to sell notified articles on permits issued by the Licensing Authority or such other officer authorised in this behalf by the Licensing Authority,

O.23 .

No holder of a permit shall transfer the permit of the notified article received on such permit to any other person without prior permission of the officer by whom the permit has been issued.

O.24 .

The officer issuing the permit may, after giving the permit holder an opportunity of being heard, at any time, revoke the permit issued under Cl. 23 for good and sufficient reasons.

O.25 .

Every appointed dealer shall when so required by general or special direction of the Licensing Authority furnish truthfully and to the best of his knowledge such particulars or information relating to any notified articles, as may be required.

O.26 .

The State Government or the Director or the Licensing Auth#31;ority may issue directions to any appointed dealer with regard to purchase, sale, disposal, storage or exhibition of any of the notified articles which shall be forthwith complied with by the appointed dealer.

O.27 .

The State Government may, by an order, publish in the official Gazette, increase or decrease the number of categories of notified articles and thereunder the number of categories shall be deemed to have been amended accordingly.

O.28 .

(a) The Commissioner shall have all the powers of the Deputy Commissioner and the Licensing Authority.

(b) The Deputy Commissioner shall have all the powers of the Sub-divisional Officer and of the Licensing Authority.

(c) The Sub-divisional Officer shall have all the powers of the Licensing Authority.

O.29 .

(1) Any person aggrieved by an order made by any officer under this Order may,—

(a) if the order is made by the Director, appeal to the State Government ;

(b) if the order is made by any officer lower in rank than the Deputy Commissioner, appeal to the Deputy Commissioner ;

(c) if the order is made by the Deputy Commissioner, appeal to the Commissioner.

(2) No such appeal shall be entertained if not preferred within 30 days from the date of receipt of the order appealed against by the appellant.

(3) No order which adversely affects any person shall be passed under this clause unless such person has been given a reasonable opportunity of being heard.

(4) Pending disposal of the appeal the Appellate Authority may direct in appropriate cases that the order against which the appeal is made shall not take effect until the appeal is disp

O.30 .

The Commissioner, suo moto or on an application may call for the record of any case decided by the Deputy Commissioner, Sub-divisional Officer or the Licensing Authority under the provisions of this Order and if he is satisfied that the Deputy Commissioner Sub-divisional Officer or the Licensing Authority—

(a) has exercised a jurisdiction not vested in him or it, or

(b) has exercised the jurisdiction vested in him or it with material irregularity, or

(c) has improperly failed to exercise the jurisdiction vested in him or it ;

he may pass such orders as he thinks fit.

O.31 .

(1) The Licensing Authority or any Executive Magistrate or Police Officer not below the rank of Deputy Superintendent of Police or any Sub-Deputy Collector or any officer of the Food and Civil Supplies Department not below the rank of Sub-Inspector of Food and Civil Supplies or other officer of the State Government not below the rank of an Inspector of Food and Civil Supplies and authorised by the State Government in this behalf, within his jurisdiction, may with a view to securing the compliance of this Order or to satisfy himself that this Order has been complied with such assistance, if any, as he thinks fit—

(a) require the owner, occupier or any other person in charge of any place, 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, to produce any books of accounts or documents showing transaction relating to such contravention ;

O.32 .

(1) The State 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, firm or association of persons or any co-operative society from the operation of all or any of the provisions of this Order and may at any time suspend or rescind such exemption.

(2) Nothing in this Order shall apply to the purchase, sale or storage for sale of notified articles by or on behalf of—

(i) the Central Government ; or

(ii) the State Government ; or

(iii) the offices, departments, institutions or other organisation of the State or Central Government, or such agencies as may be specified by the State Government.

O.33 Repeal and savings

From the date of commencement of this Order, the Assam Food Stuff (Distribution and Control) Order, 1958 shall stand repealed :

Nothing in this Order shall—

(a) affect the previous operation of the said Order or anything duly done or suffered thereunder ;

(b) affect any right, privilege, obligation or liability acquired or accrued or incurred under the said Order ;

(c) affect any penalty, forfeiture or punishment incurred in res#31;pect of any offence committed against the said Order ; or

(d) affect any investigation, legal proceeding or remedy in res#31;pect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ;

and any such investigation, legal proceeding or remedy may be institut#31;ed, continued or enforced and any such penalty, forfeiture or punish#31;ment may be imposed, as if th

FORM.1 .

FORM 1

Licence

 

FORM.2 .

FORM 2

Front Cover Page

State Emblem

Government of Assam

Family Identity Card

PROFORMA.B .

PROFORMA B

[See Clause 2 (j)]

Application for renewal of licence No.........

The Licensing Authority

I hereby apply for renewal of my licence No......issued to me under the Assam Public Distribution of Articles Order, 1982. The require particulars are given below :

(1) Date on which the licence expires.........

(2) Name in which the licence stands.........

(3) For how many years the renewal is desired.........

(4) Details of the action, if any, taken against the licensee during the last (3) three years for contravention of an order issued under the Essential Commodities Act, 1953.

(5) Original licence is enclosed.

I..................hereby declare that the particulars mentioned above are correct and true to the best of my knowledge and belie