Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The norms for fixing margins and the procedures for their release aim to sustain the operations of fair price shops and ensure their profitability, especially in rural areas ["THE STATE OF ASSAMAND 4 ORS. vs BARAPUJIA SAMABAI SAMITY LTD AND 27 ORS - Gauhati"], ["Manzoor Ahmad Dar v. State of J&K and Others - Jammu and Kashmir"].
Analysis and Conclusion:
References:- ["THE STATE OF ASSAMAND 4 ORS. vs BARAPUJIA SAMABAI SAMITY LTD AND 27 ORS - Gauhati"]- ["K. Anand Kumar VS State of A. P. , represented by its Secretary, Consumer Affairs Food - Andhra Pradesh"]- ["ROSHAN LAL PREM CHAND (M/S) VS STATE OF PUNJAB - Punjab and Haryana"]- ["M. Syamala VS State of Telangana - Telangana"]- ["Manzoor Ahmad Dar v. State of J&K and Others - Jammu and Kashmir"]
In the realm of India's Public Distribution System (PDS), fair price shop dealers play a crucial role in ensuring subsidized essential commodities reach eligible households. A common concern among these dealers is the payment of margin money to fair price shop dealers—is it refundable, or can it be forfeited? This question often arises when authorizations end or issues like compliance breaches occur.
This blog post delves into the legal nature of margin money, its treatment as a security deposit, conditions for forfeiture, and key procedural safeguards. Drawing from control orders and judicial insights, we provide a comprehensive guide while emphasizing that this is general information, not specific legal advice. Consult a qualified lawyer for your situation.
Margin money deposited by fair price shop dealers is generally recognized as a refundable security deposit rather than a non-refundable fee or penalty. Its primary purpose is to ensure compliance with authorization terms and proper conduct. [
#FairPriceShops, #MarginMoney, #PDSIndia
Saikia, learned Advocate General further placed before this Court that Rs. 143/- per quintal is to be paid to the Fair Price Shop dealer as the margin money of the allocate food grains by the Central Govt. under Targeted Public Distribution System from Central Pool and Rs. 100/- per quintal for intra-State ... Price Shop Dealer’s margin to distribution of food grain under PMGKAY, the Central Govt. could not release such fund to the State due to showi....
Therefore, the State has struck a reasonable balance between the interests of the cardholders as well as the fair price shop dealers in rationalising the norms as announced through their G.O.Ms.No.35 dated 17.09.2007. ... ... These writ petitions are instituted by the authorised fair price shop dealers of Roopkhanpet Village, Chevella Revenue Division, Parigi Mandal, Rangareddy District and Parigi Village and Mandal, Rangareddy District. ... As is w....
It also provides for fixation of amount as fair price shop owner’s margin, which would be periodically reviewed for ensuring sustained viability of fair price shop operations. ... ... (7) 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 #HL_STA....
... The petitioner is running a fair price shop since the year 1985-86. He had earlier filed CWP No. 6047 of 2009 for payment of margin money and transportation charges for distribution of Wheat and Dal under the Atta Dal Scheme. ... The petitioner has to display the information, on daily basis, of the stock available, stock distributed, timing of opening and closing of Fair Price Shop etc. etc. ... He has to pay for loading and unl....
It also provides for fixation of amount as fair price shop owner's margin, which would be periodically reviewed for ensuring sustained viability of fair price shop operations. 9. ... (7) 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 #HL_STAR....
price shop. ... price shop operations. ... /Fair Price Shop Dealers as contained in Govt. ... price shop to improve issued keeping in view the viability of the fair price shop.
shop dealers. ... To put it differently, the relatives of not all the government servants are prevented from being appointed as fair-price shop dealers. ... The State Government has also therefore intended to see to it that, close relatives of government employees should not be appointed as fair-price shop dealers. ... Shop Dealers.” ... Hence, it is contended that the writ peti....
He admitted that Ex.D.4 was the memo issued by him to all the Inspectors to collect the differential cost of sugar within seven days along with the statement of differential cost to be collected from 32 fair price shop dealers. ... Even, on the date of trap, no action was proposed against PW.1, the fair price shop dealer. ... According to the defence, A.1 had been insisting upon payment of the said amount and also the margin #HL_STA....
In the annexure appended to the G.O. the guidelines are notified to make appointments of fair price shop dealers. ... No. 20, Consumer Affairs, Food and Civil Supplies (CS.I-CSS) Department, dated 06.09.2018 to fill up the vacancies of fair price shop dealers in the State on regular basis subject to fulfillment or eligibility criteria and preference was given to the women groups in appointment of Fair Price #HL_STA....
It is stated that the respondent No.5, who is a working as a reporter in the petitioner’s village and has a habit of extracting money from fair price shop dealers and other businessmen by blackmailing them, has developed a personal grudge against the petitioner and her husband and has started harassing ... price shop till date. ... Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a fair #HL_STAR....
It is also pertinent to note that Rule 10 of the Assistance Rules, 2015 stipulates how and when the Central Assistance would be released. In the State of Assam, the margin to be paid to the fair price shop dealers for distribution of one quintal of foodgrains is Rs.143/-per quintal.
The 2nd respondent, inter alia observing that the FP shop dealers for shop Nos.46 & 77 were absent for hearing but for shop no.77 dealer’s advocate and her son A. Tarun Babu attended for hearing and on perusing the record and considering his explanation in detail and submissions of the counsel came to the conclusion that all charges are proved and found that A. Tarun Babu, S/o A. Prema Kumari is solely running the three shops i.e., 1382046, 1382058 and 1382077 in a single premises without proper authorization or license from the authority and that the dealer has contravened the provisions of....
Rule 5 thereof provides ‘duty of the State Governments’ and Rule 7, which is the ‘Norm and pattern of Central assistance’, provides for 50% as the Central share to the State of U.P. and rest 50% by the State Government. Rule 8 provides for ‘advance payment of margins to fair price shop dealers’.
The margin of incentive admissible to the fair price shop dealers is also provided to be reviewed periodically. The law made by the Central Government also postulates for licencing of an equitable number of shops having regard to the number of ration card holders in a particular urban/village area. Clause-7 of the Control Order, 2016 issued by the State Government being relevant is extracted below: It is in furtherance of the above mandate that the State Government in suppression of earlier Control Orders chose to issue the U.P. Essential Commodities (Regulation of Sale and....
The 3rd respondent-Revenue Divisional Officer, Adoni, Kurnool district suspended the authorisations of the petitioners purportedly basing on the report of the 4th respondent-Tahsildar (Civil Supplies), Adoni, whereunder he stated that the petitioners indulged in malpractice of seeding bogus/inactive ration cards with Aadhar cards while implementing the scheme of Aadhar seeding of ration cards. 2. The petitioners are the fair price shop dealers of various fair price shops in Kurnool district. The version of the petitioners is that they never indulged in such malpractice as t....
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