DELHI SPECIFIED ARTICLES (REGULATION OF DISTRIBUTION) ORDER, 1981

 

2. Definition

 

1)      Administrator

means the Administrator of the Union Territory of Delhi.

 

2)      Authorized wholesaler

means a wholesale dealer authorized under the provisions of clause 3 in respect of any specified articles

 

Explanation

 

                       On the commencement of this order every authorized wholesale distributor who was appointed or authorized or deemed to have been appointed or authorized under the Delhi Specified Food Articles (Regulation of Distribution) Order, 1968  and whose appointment or authorization was in force immediately before such commencement, shall be deemed to have been an authorized wholesaler for the purpose of this order until  and unless, such appointment or authorization is or is deemed to be rescinded under this order.

 

3)      Authorized Document

 

means  a consumer card or an authorization for issued or deemed to have been made  or issued under this order for purchase, sale of distribution of any Specified Articles. 

 

4) Circle

 means a circle referred to in clause 17.

 

5) Commissioner

means  the  Commissioner of Food Supplies and Consumer Affairs, Delhi

 

6) Consumer Card

means a household consumer card, establishment permit or any other document issued or made under or in pursuance of the provisions of this order for obtaining supplies of any specified article.

Any food card issued or made under or in pursuance of the provisions of Delhi Specified Food Articles (Regulation of Distribution) Order, 1968 immediately before the commencement of order shall be deemed to be a “Consumer Card” issued or made under this order.

 

7) Deputy Commissioner

means the Deputy Commissioner Food and Supplies, Delhi and Assistant Commissioner Food and Supplies and includes any other officer authorized by the Administrator to exercise all or any of the powers of the Deputy Commissioner under this order.

 

8) Establishment

means an institution and also includes any other establishment that may be treated as such for purpose of this order by an order issued by the Commissioner.

 

9) Fair price show holders

means a retail dealer authorized under the provision of clause 3 in respect of any specified articles.

 

Explanation

           

On the commencement of this order every fair price shop holder who was appointed or authorized or deemed to have been appointed or authorized under the Delhi Specified Food Articles (Regulation of Distribution) Order, 1968 and whose appointment or authorization was in force immediately before such commencement, shall be deemed to have been authorized fair price shop holder for the purpose of this order until and unless, such appointment or authorization  is or is deemed to be rescinded under this order.

 

10) Food and Supplies Officer

 

means Food and Supplies Officer appointed as such by the Administrator and includes the Commissioner, the Deputy Commissioner, the Civil Supplies Officer and any other officer specially authorized  by the Commissioner to exercise all or any of the powers of the Food and Supplies Officer under this Order.

 

11) Forms

means a form appended to this order.

 

12) Household

means a family unit living together in one building or portion of the building held in possession by any member of the family as common residence and maintaining a common kitchen and includes persons so living together whether or not dependent on the holder of the consumer card or the person in whose name the application for the issue of consumer card is made.

 

13) Institution

means  a hospital, sanatorium, a convalescent home, an  asylum, a school or a college and includes all other institutions of a like nature.

 

14) Specified articles

means an essential commodity which the Administrator by notification in the official Gazette declare to be a “specified article”

 

15) Financial Commissioner

means the Financial Commissioner appointed for the Union Territory of Delhi.

 

3. Issue of Authorization to a wholesalers and fair price shop holders

 

(1) With a view of controlling the distribution of any specified article, the Administrator or any officer authorized by him in writing in this behalf, may by order, authorize any person or a body of persons to be  an authorized wholesaler or fair price shop holder in    respect of such specified articles for the purposes of this order, and thereupon such wholesaler or fair price shop holder as the case may be, shall obtain and supply specified articles in accordance with the provisions of this order or any directions issued thereunder.

 

Provided that the authorization issued to the authorized wholesaler and fair price shop holder under the provisions of the Delhi Specified Food Articles (Regulation of Distribution) Order, 1968 and in force immediately before the commencement of this order shall be deemed to be an authorization issued under this clause.

 

(2) The Administrator of the Union Territory of Delhi has authorized the following officers for the purposes of this clause:-

 

(1)     Commissioner Food and Supplies and Consumer Affairs

(2)     Deputy Commissioner Food and Supplies and Consumer Affairs

(3)     Asstt. Commissioner Food and Supplies and Consumer Affairs.

 

Explanation

 

On the commencement of this order, in the case of a dealer who is deemed to be an authorized wholesaler or fair price shop holder under explanation to sub clause (2) and explanation to sub clause (9) of clause 2 respectively,  any sum  which stands  deposited by him as security immediately before such commencement shall be by him deemed to have been deposited as security under this sub-clause

(3) In very authorization issued under sub clause (1) the specified articles shall be  mentioned  and the limits of the circle or part thereof and in case of industrial;  or other  establishments the class or classes of persons to whom such supplies shall be made.

 

(4) Every application for an authorization shall be made in Form A giving correctly the information asked for therein along  with such other information or document as may  be required and shall be accompanied by postal order of the value specified  below as application fee which shall not be refundable.

 

(1) For fair price shop or establishment               …. Rs.5/-

(2) For authorized wholesaler                               …. Rs.10/-

 

(5)     Every authorization issued under this clause shall be in the Form B in the case of an authorized wholesaler and in Form C in case of a fair price holder.

(6)     Every application for the issue of an authorization shall be considered having due regard to:-

 

(1)     the need for authorized wholesalers or fair price shops in the area or locality of in which the business premises of the applicant/applicants are situated.

 

(2)     The suitability of the premises for proper storage and sale of specified articles.

 

(3)     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 the same area or locality or locality or elsewhere in the Union Territory of Delhi.

 

 

(4)      The financial position and capacity of the applicant in performing the functions of an authorized wholesaler or a fair price shop holder as the case  may be.

 

(5)     Any other factor considered relevant to the grant of an authorization under this order.

 4. Suspension/cancellation of authorization:

(1)     The Administrator or the Deputy Commissioner may at any time, whether at 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 the said order or directions issued thereunder from time to time in this behalf or any term or condition of the authorization or any directions issued thereunder after making such enquiry as may be deemed necessary without prejudice to any other action that may be taken against him to amend, suspend or rescind the authorization issued under this Order.

 

(2)     Without prejudice to any action that may be taken under sub-clause (1)  in respect  if any contravention of any of the provisions made by or under this order, the Deputy Commissioner may forfeit the whole or a part of the security deposited under sub clause (2) thereupon the authorized wholesaler or fair price shop holder whose security has been forfeited shall forthwith   deposit an amount equivalent to the forfeited so as to make the efficiency in the amount of prescribed amount of security.

 

Provided that before passing any order under sub-clause (1) or sub clause (2), the Deputy Commissioner shall give  a reasonable opportunity of being heard  to the party concerned.

 

Provided  further that if the authorization is under consideration for action and  it is necessary to suspend it pending enquiry the provisions contained in the foregoing proviso shall not apply subject to the condition that the period of such suspension shall not exceed three months.

 

Provided further that a copy of every order made under sub clause (1) or sub clause (2) shall be supplied to the person concerned  free of charge.

 

5. Termination of authorization

 

(1) Notwithstanding anything contained in this clause the Deputy Commissioner may at any time terminate the authorization by giving two months notice in writing to the person(s) to whom the authorization is being issued under this order and the authorization will cease to be effective upon the expiry of the period of such notice.

 

(2)It shall also be open to the person holding the authorization issued under this order to relinquish his authorization by giving  three months notice in writing to the Deputy Commissioner and then the authorization shall cease to be effective upon receipt of intimation by him from the authorized officer  of the termination of the authorization.

 

Provided that the liability  of the person holding the Authorization shall not cease  until the stocks of specified articles  and records of consumer  cards, etc. have been taken over by him.

 

(3)Notwithstanding anything contained in this order, the Deputy Commissioner, may, if he is satisfied that it is necessary and expedient to do so, cancel an authorization suo-moto in the circumstances specified. 

 

a.        If the number of fair price shops in a particular area or locality is more than the number of fair price shops required to ensure proper distribution of specified articles in that area or locality or

 

b.        If the person holding an authorization found to be functioning in unbusiness like manner or indulging in activities prejudicial to the maintenance of supplies and services essential to the community.

 

c.        If the person authorized to be a fair price shop holder is found to be running a chakki in which specified articles are consumed or processed or dealing in articles  of the open market which are specified  articles under this ordering the same premises or elsewhere, or

 

d.        If the person  holding the authorization s found to have given false information  knowing that the same was false in the application or any documents tendered for grant of authorization under this order.

 

 

 

6.        Appeal

 

(1)    Any person aggrieved by the order of the Deputy Commissioner made under sub clause (1) or sub clause(2) of clause 4 may prefer an appeal in writing before the Commissioner within a period of thirty days from the date of receipt of the order of such person

 

Provided that  the Commissioner may entertain the appeal after the said period of thirty days, if he is satisfied that the appellant has sufficient cause from filing the appeal in time

 

Provided further that the person was aggrieved by the order of the Deputy Commissioner made under sub clause(2) of clause 4 shall deposit the forfeited amount of security before filing the appeal in time.

 

(2)    Every appeal filed under sub clause (1) shall be in the form of a memorandum signed by the appellant and shall be accompanied by an attested copy of the order  appealed against.  It shall be presented in person or sent by registered post to the Commissioner.

 

(3)    The appeal shall be liable to be summarily rejected if the appellant fails to furnish an attested copy of the order appealed against or in case of an order under sub clause (2)of clause 4 if he fails to deposit the amount equivalent  to the forfeited amount of security before filing the appeals.

(4)    If the Commissioner admits the appeal, he shall fix a date for hearing of which notice shall be sent to the appellant as also to the Deputy Commissioner. Pending disposal of the appeal, the Commissioner may stay the operation of the order appealed form

 

Provided that no stay shall be granted in case of an order passes under sub clause (2) of clause 4.

 

(5)    The Commissioner, may after giving the parties some opportunity if being heard as aforesaid, confirm, vary or set aside the order appealed from or pass such other order as he may deem fit.

(6)    The Commissioner may, upon application either on behalf of the Food and Supplies Department or the aggrieved or on his own motion revise any order passed by the Deputy Commissioner or review an order of his predecessor.

 

Provided that the provision relating to appeals contained in sub clauses (1),(2),(3) and (4) shall mutates-mutandis apply to the applications for revision of review.

 

Provided further that no order, which is likely to affect any person adversely, shall be passed unless such a person has been given an opportunity to be heard.

 

(7)    A  person aggrieved by the order of the Commissioner passed by him suo-moto revising the order of the Dy. Commissioner under sub clause(6) may prefer an appeal in writing before the Financial Commissioner, Delhi Administration, Delhi.  The procedure laid down in regard to submission of appeal before the Commissioner under sub clauses (1) to (5) shall mutates-mutandis apply to the appeals before the Financial Commissioner, Delhi Administration, under this sub clause.

(8)    Notwithstanding anything contained in this order, the Administrator may call for and examine suo-moto the record of any proceedings before the Financial Commissioner or the Commissioner or any other officer subordinate to him and to pass thereon such order as he may think fit.

 

7. Cancellation of authorization upon conviction

 

Notwithstanding anything contained in this clause where an authorized wholesaler or a fair price shop holder has been convicted by a Court of law in respect of contravention of any of the provisions of this order or any other order made under S.3 of the Essential Commodities Act (10 of 1955) the Deputy Commissioner may order, in writing cancel his authorization forthwith.

 

Provided  that where such conviction is set aside in appeal or revision the Deputy Commissioner may on application by the person whose authorization has been cancelled re-issue  the authorization to such person.

 

8. Supply by wholesaler

 

No authorized wholesaler shall supply or offer or attempt to supply or cause to be supplied any specified any specified articles to any person other than a person who is a fair price shop holder or against a permit issued under clause 10 and except at such price as may from time to time to be specified by the Central Government or by Administrator in this behalf and except under and in accordance with the provisions of this order.

Provided that restrictions contained herein shall not apply to the distribution of specified articles by or on behalf of the Food Corporation of India or any other body corporate owned by Government.

 

9.Supply by Fair Price Shop Holders

 

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 special Consumer Cards issued by the Food and Supplies Officer and except at such prices as may be specified by the Central Government or by the Administrator in his behalf and except under and in accordance with the provisions made by or under this Order.

  

10.Power to issue authorized documents

 

 

(1)   With a view to regulating the distribution of any specified articles the Administrator may issue or cause to be issued authorized documents to any person or class of persons or to the public generally.

 

Provided that no such document shall be delivered to any person or any adult member of his family whom the documents are tendered on his behalf signs or affixes his mark or thumb impression in token of receipt of such document as required by the officer delivering such documents.

(2)   A Consumer Card shall have as many coupons as may be specified by the Commission from time to time by issuing directions in this behalf.

 

(3)   The Administrator may, at any time whether at the request of the person to whom any authorized documents has been issued or suo-moto, make such enquiry as may be deemed necessary add to amend, vary, suspend or rescind the authorized document.  Where any such document so suspended or rescinded, any person in possession of it shall forthwith declare the same to the Administrator or an officer Authorized by him  on this behalf.

 

(4)   Notwithstanding anything contained in sub-clause (3)  the Administrator may at any time, when he considers necessary so to do for reasons to be recorded in writing by a general or special order to amend, vary, suspend or rescind the authorized document or any class of authorized documents.  Where any such document so suspended or rescinded, any person in possession of it shall forthwith declare the same to the Administrator or an officer Authorized by him on this behalf.

 

The Administrator of U.T of Delhi has directed that the powers conferred on him under sub-clause (1),(3) & (4) of this shall be exercisable by each of the officers specified below:-

 

1.                  Commissioner Food and Supplies and Consumer Affairs, Delhi

2.                  Deputy Commissioner Food and Supplies and Consumer Affairs

3.                  Asstt. Commissioner Food and Supplies and Consumer Affairs

4.                  F.S.O.

 

11. Procedure for obtaining consumer cards

 

(I)Any person who is permanent by residing or intending to do so in the U.T. of Delhi and who desires to have a household consumers card issued shall apply to the Food and Supplies Officer of the Circle concerned in which he resides or intends to reside, as the case may be, furnishing true and correct information in such form as the Commissioner may prescribe.  The Food and Supplies Officer may before issuing a household consumer card make or cause to be made such enquiry as he deem fit for verification of information furnished by the applicant.

 

Provided that before a household consumers card is issued, coupons denoting the period or periods which has or have elapsed the date of its issued shall be cancelled.

 

 Provided further that the Food Cards issue under the Delhi Specified Food Articles(Regulation of Distribution) Order, 1968 and in force immediately before the commencement of this order shall be deemed to be consumer cards for the purpose of this Order.

 

(2) A homeless person who has no fixed or identifiable place of dwelling shall be issued a household consumer card, which shall be stamped with the word ”Homeless”.

 

Provided that notwithstanding anything contained in sub-clause (1) the FSO shall issue household to a homeless person for a period not exceeding six months at a time  and may increase  the period  of validity up to one year in  the cases where there is a record of continuous issue/renewal of the card for the previous three years.

 

Provided  further that in respect of persons who are new squatters and have encroached upon public lands the validity periods of their cards shall not, notwithstanding anything to the contrary mentioned in this order, be extended for a period exceeding three months at a time.

 

(3) No person shall obtain or attempt to obtain a household consumers card by furnishing information which he knows or has reasons to believe to be false or if he is already in possession of other  person is in possession of a household consumer card  on his behalf or if name of any member of his family is included in another consumer card.

 

Provided that where a household consumer card already obtained has been lost, defaced or damaged, the holder thereof may apply to the Food and Supplies Officer of the circle from which such card was issued for a duplicate consumer card and on application which shall be accompanied by a fee of rupees two, the Food and Supplies Officer may after making such enquiry as he deems fit, issue a duplicate household consumer card.

 

12. Power to issue special permits

 

(1)   Notwithstanding anything contained in this Order, the Food and Supplies Officer may issue specials permits for articles specified under this Order to any person or class of persons, who do not reside or intend to reside permanently in the Union territory of Delhi for obtaining supply of any such article for such period and such quantity and from such source as may be specified therein.

(2)   Where a special permit issued under this clause has been lost, defaced or damaged, the holder thereof may apply to the officer by whom such permit was issued for a duplicate permit and such application which shall be accompanied by a fee of rupee one and the officer concerned may after making such enquiry as he deems fit issue a duplicate permit.

 

13. Prohibition to obtain consumers card by the Armed services

 

No person shall obtain a household consumers card for himself or any member of his household if he is receiving specified articles for himself or such members as the case may be, from any Naval, military or Air Force Authority.

 

Note: Such service personnel on leave and residing  in the U.T. of Delhi as are not drawing specified articles from such authority during the leave period shall be entitled to obtain household consumer card for the specified period of leave on application to the Food and Supplies Officer concerned.

 

14. Power to issue Establishment permit to Establishment:

 

(1)   Notwithstanding anything contained in this Order the Commissioner or the Officer authorized by him in this behalf, in writing may issue establishment permits to the establishment referred to in clause 2(8) of this Order.

 

Provided that the establishment permits issued under this clause shall be valid for the article and the units sanctioned thereon, the quantity and the period specified therein.

 

(2)   Where an establishment permit already obtained has been lost, defaced or damaged the holder thereof may apply to the Food and Supplies Office of the Circle from which such permit was issued and on such application shall be accompanied by a fee of Five rupees, the Food and Supplies Officer may, after making such enquiry as he deems fit issue a duplicate establishment permit.

 

(3)   The Commissioner or the Deputy Commissioner may issue directions in writing to the holder of such establishment permits concerning the manner in which and the conditions subject to which any specified article may be supplied or obtained or in connection with maintenance of account etc. in respect thereof.

 

(4)   It shall be the condition of every establishment permit issued under this clause that the person to whom the permit is to be issued under this clause shall furnish such security not exceeding one thousand rupees and in such form as may be specified by the Commissioner in this behalf for the performance of the conditions subject to which permit is to be issued.

 

Provided that the  Commissioner may exempt any person or class of persons from the deposit of security in whole or in part.

 

(5)   If any person holding establishment permit contravenes or attempts to contravene any of the provisions of this Order or the Directions issued thereunder from time to time or the conditions subject to which the permit was issued, the Deputy Commissioner may, after making such enquiry as may be deemed necessary and after giving an opportunity of a personal hearing against the action proposed without prejudice in any other action they may have taken against such persons, suspend or cancel his establishment permit and in this behalf or forfeit in whole or in part the security deposited by him in this behalf.

 

Provided that if it is considered necessary to suspend the establishment permit pending enquiry, it shall not be necessary to give an opportunity of hearing to the permit holder before such interim suspension subject to the condition that the period of suspension shall not exceed three months.

 

(6)   Any person aggrieved by the order of the Deputy Commissioner made under sub-clause(5) may prefer an appeal before the Commissioner.  Where any such order is made suo-moto by the  Commissioner the aggrieved person may prefer an appeal before the Financial Commissioner, Delhi.  An appeal arising from an order made under sub-clause(5) shall be preferred before the prescribed authority within a period of thirty days from the date of the receipt of the order by the person  so aggrieved.

(7)   The provisions of clause 6 of this order so far as may be, shall mutates-mutandis apply to the appeals preferred under sub-clause (6) of this order.

 

15. Availability of Authorized Document:

 

(1)   A household consumer card shall be available for lawful use only for the person or persons included therein who is or are residing at the address for which it is issued.

Provided that no person shall obtain or cause to be obtained any specified articles in respect of a person who  is absent from the U.T. of Delhi during a period of more than a calendar month at the time supplies are obtained.

 

Provided further in the case of death or absence from the household for a period exceeding one month of any person included in a household consumer card, the  holder of the consumer card shall give prompt intimation to the Food and Supplies Officer of the Circle in which  he is residing  and shall present the Consumer Card before him for detection of the name of such person from his Consumer card.  No consumer card holder shall draw any specified articles in respect of such a person irrespective  of whether or not the name of such person has been deleted from his Consumer Card.

 

 

(2)   An Establishment permit shall be available for lawful use only:-

 

a.       While the person in charge of the establishment is ordinarily living in the U.T. of Delhi

b.      While the business of the establishment is carried on at the address specified on the establishment permit.

 

Explanation

 

i)        The person in charge of an establishment shall be deemed to be ordinarily living in the U.T. of Delhi if he is not absent there from a period exceeding one month at a time.

ii)       The business of the establishment   shall be deemed to be carried on if the establishment is not closed or suspended for a continuous period exceeding two weeks.

 

Provided that no person holding an establishment permit shall obtain or cause to obtain specified articles against an establishment permit during the period of suspension or closure of its business if its suspension or closure exceeds two weeks and shall give prompt intimation of such suspension or closure to the Food and Supplies Officer and present the establishment permit to him for necessary correction.

 

Provided further that notwithstanding any quantity  of any specified articles sanctioned on any establishment permit issued to any institution the holder of such permit shall draw such lesser quantities as are permissible for the actual number of inmates of the institution for the period for which supplies are drawn.

 

(3)   No person shall transfer to any other person any authorized document issued in respect of him under the provisions of this order or any specified article obtained against any authorized document without prior permission in writing of the Deputy Commissioner.

 

(4)   Every authorized document issued under this order shall be the property of  Administrator but the person to whom it is issued or surrendered or with whom it is retained under the provisions of this order shall be responsible for its safe custody.

 

5)When any person is in possession of an authorized document and such possession is not authorized by or under this order he shall forthwith deliver the same to the officer in charge of the nearest Food and Supplies Office.

 

(6)                 No person shall without lawful authority alter any entry in an authorized document.  If the holder of authorized document finds that some other person has without lawful authority to do so made an alteration in the authorized document affecting its validity or quantity or the kind of specified articles obtainable on it, the holder of such document shall forthwith report the fact to the Food and Supplies Officer concerned in writing.

 

(7)     Where any authorized document is required to be cancelled under or for the purpose  of this order, it shall be cancelled forthwith  by the competent Authority in ink and upon such cancellation cease to available for lawful use.

 

16. Procedure for obtaining  supplies against Consumer Cards

 

(1)     The head of the family or to whom a household consumer card has been issued shall be termed as a holder in respect of that card.  Each household consumer card shall show the number of units allotted to the holder at the rate of two units for each person of the age of 12 years and above and one unit for each person of the age of less than 12 years in respect of all specified articles other than sugar and at the rate on one unit per person irrespective the age of the person in respect of sugar if sugar is also declared specified article.

 

(2)     Each  coupon on a household consumer card shall be valid for the number of units allotted to the holder in respect of various specified articles.

 

 

(3)     The value of units in terms of quantity of specified articles for various categories of authorized documents shall be as notified by the Commissioner in the Official Gazette from time to time.

 

(4)     The Commissioner may by notification in the Official Gazette authorize the issue of such additional quantity of specified articles, as may be specified in the notification, to any person or class of persons whom he may consider eligible.

 

 

(5)     The holder of household consumer card may register himself with any fair price shop holder functioning within the Circle of his residence.

 

Provided  that the Food and Supplies Officer may by order attach a person or class of persons to any fair price shop out of the circle.

 

Provided further that the holder of a household consumer card shall be entitled to obtain his supply of specified articles against the said card only from the fair price shop holder with whom he is registered.

 

  

17. Formation o the Circle

 

The commission shall divide the entire area of the Union Territory of Delhi into two or more circles by an order in writing specifying the boundaries of each circle for the purpose of administering this order.

 

Provided that the boundaries of the circles specified under the Delhi Specified Food Articles (Regulation of Distribution) Order 1968 and in force immediately on the commencement of this Order shall be deemed to be specified under this order until modified or revised under this clause.

 

18.              Power to call for information and records

Every authorized wholesaler or fair price shop holder as the case may be, when so required by general or special directions by the Food and Supplies Officer in this behalf shall:-

 

(1)   Deliver to him all authorized documents and other records surrendered or given to him under or for the purpose of this order; and

 

(2)   Furnish such particulars, accounts and information relating to his dealings and in stocks of specified articles may be required.

 

Explanation

 

      For the purposes of this clause an authorized wholesaler or fair price shop folder includes a dealer whose authorization has been suspended or cancelled.

 

19.              Instructions to a Fair Price Shop Holder

 

(1)   A Fair Price shop holder shall not register consumer cards if the total number of units registered with him exceed the maximum units specified by the Commissioner in this behalf;

 

Provided that the Commissioner may be order exempt any fair price shop from the restrictions imposed under this clause.

 

Provided  further that on the commencement of this order the relaxation in registration limit granted under the Delhi Specified Food Articles (Regulation of Distribution ) Order 1968 to a dealer who is deemed to be air price shop holder under this order, shall be deemed to have been granted under this Order.


(2)                           A fair price shop holder shall register consumer cards only after the holder of consumer card has signed or put his / her thumb impression in the space provided for the purpose on it and its counterfoil while registering the card the fair price shop holder shall put his number and serial number of registration on the consumer cards.

 

(3)                           A fair price shop holder shall keep and maintain the counter foils and such other records relating to authorize documents as may be specified and in the manner prescribed by the Commissioner or the Deputy Commissioner from time to time.

 

(4)                           A fair price shop holder shall register consumer cards issued from the circle office in the jurisdiction of which shop is located.  He may however, register consumer cards of other circles if specifically permitted to do so.

 

(5)(a) A fair price shop holder shall supply specified articles only against the consumer cards registered with him or against any special consumer card issued by the Food and Supplies Officer.

 

(b) On demand and offer of price by or an behalf of the holder of consumer cards registered with a fair price shop holder and against cancellation of the appropriate coupons the fair price shop holder shall supply to the holder specified article not exceeding the quantity obtainable on the consumer card.

 

(6)   Every fair price shop holder shall maintain proper record of purchase, distribution and sale of specified article and registration of consumer card and other documents in such form as may be specified by the Commissioner or the Deputy Commissioner from time to time.

 

Provided that until such time new forms are prescribed under this order, the form for maintenance of record of registration of each forms prescribed under the Delhi Ration-in Regulation, 1966 and / or the Delhi Specified Food Articles (Regulation of Distribution ) Order, 1968 shall be deemed to have been specified under this order.

 

(7)   Every fair price shop holder shall submit indent for supply of specified articles in the Circle office concerned in the manner to be specified by the Deputy Commissioner from time to time.

 

(8)   Every Fair price shop holder shall send a statement of registered units every month to the Circle Office along with indent in such form as may be specified by the Deputy Commissioner.

 

Provided that new forms of the indents and registered units are specified under this order, the forms prescribed under the Delhi Ration-in Regulation, 1966 and/or the Delhi Specified  food articles  (Regulation of Distribution) Order, 1968 shall be deemed to have been specified under this Order. 

 

9.(i)A fair price shop holder shall purchase specified food articles only on the basis of authority issued by the Food and Supplies Officer and from the authorized wholesaler mentioned in the authority and by such date as may be specified therein.


(ii) Every fair price shop holder shall keep every such authority in safe custody and in case such authority is lost, defaced or damaged, the fair price shop holder shall give prompt intimation thereof in writing to the Food and Supplies Officer of the Circle concerned and shall apply for the issue of a duplicate authority.  Every such application shall be accompanied by a fee in the form of a crossed postal order of the value of Rs.5/- and upon the receipt of such application and after making such enquiry as may be considered necessary, the Food and Supplies Officer of the Circle concerned may issue a duplicate authority.

 

Provided that in case of loss of an authority, the fair price shop holder shall also lodge a report with the police and inform the authorized wholesaler in writing on the same day on which such loss comes to his office.

 

(10) Every fair price shop holder shall comply with all general or special directions given in writing from time tot time by the Commissioner, the Deputy Commissioner and the Food & Supplies Officer concerning the manner in which the conditions subject to which any specified article may be obtained / supplied or kept for household consumption or for establishment consumption or in connection therewith as also with connection to the maintenance of accounts, submission of reports etc.

 

20.                   Instruction to the Authorized Wholesalers

 

 (1)                   An authorized wholesaler can issue specified articles only on an authority issued by the Food & Supplies Officer and against the establishment permits registered with him and against cancellation of the coupon for the relevant periods in respect of the supplies made against the establishment permit.

 

(2) An authorized wholesaler shall issue only such quantity as is specified in the authority or as the case may be in the establishment permit registered with him.  The supply shall be made on demand and offer of price by or on behalf of the authority or establishment permit.

 

(3)   An authorized wholesaler may obtain such quantities of specified articles as are necessary to enable him to comply with the requirements of the establishment permit registered with him.

 

(4)   An authorized wholesaler shall maintain such forms and register and submit such returns and statements as may be prescribed and comply  with such general or special directions as may be given in writing from time to time by the Commissioner or the Deputy Commissioner or by any other officer authorized on this behalf by the Administrative concerning the manner in which the condition subject to which any specified article may be obtained or supplied or kept.

 

Provided that until such time procedure for maintenance of record etc., is prescribed under this order the procedure regarding maintenance of record and submission of returns by such dealers under the Delhi Rationing Order, 1966 and or Delhi Specified Food Articles (Regulation of Distribution) Order, 1968 shall continue to be followed under this Order.

 

21. Power to authorized supply and distribution of Specified Articles otherwise than by means of authorized documents

 

Notwithstanding any other provision of this Order, the Commissioner may authorize the supply or disposal of any specified articles otherwise than an authorized document.

 

21 A.  Movement of Specified Articles

 

The Owner or a person in charge of a goods vehicle shall carry with him a trip sheet in the prescribed Form-D and cash memo / bill of sale in respect of such specified articles carried in the goods vehicle and produce the same for inspection on demand before the person (s) authorized under clause 25 of the Order.

 

Explanation

 

For the purpose of his clause “vehicle” shall include any mode of conveyance being used for such transportation.

 

  1. Exemption

 

The Administrator may be general or special order exempt any person or class of persons from the operation of all or any of the provisions of this Order and may at any time in like manner suspend or rescind such exemption.

 

23.  Delegation of Powers by the Administrator

 

The Administrator may by general or special order delegate the powers conferred on him under this order to any officer subordinate to him; except in this Office

 

24.                   Powers to issue directions

 

(1)   The Administrator or the Commissioner in respect of this clause may be notification in the official gazette issue general directions of the purpose of giving effect to the provisions of this Order.

(2)   Any contravention of any direction given by or under the provisions of this Order shall be deemed to be in contravention of this Order.

 

25.                   Powers to enter, inspect premises, require information, check accounts, seize articles etc.

 

(1)  The Commissioner or the Deputy Commissioner or any Magistrate or any Officer of the Food & Supplies Department not below the rank of Sub Inspector or person or body of persons authorized by the Commissioner on this behalf may:

           

a.       Inspect any stocks of specified articles, books accounts or other documents pertaining to dealing in specified articles and for the purpose of such inspection enter and if necessary break-open or seal any premises used or believed to be used for the sale or distribution or storage of any specified articles on the premises of any establishment.

 

b.      Require to make any statement or furnish any information or produce any document or article in his possession or under his control relating to the purchase, sale or distribution or storage of any specified article and any person so required shall comply with such requisitions.

 

c.       Require any person to render an 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 article and any person so required shall comply with such requisitions.

 

d.      Take or cause to be taken from or copies of any document relating to the purchase, sale distribution or storage of any specified articles which is produced under sub-clause (b) or sub-clause (a) or otherwise found in any such premises.

 

e.       Test or cause to be tested the correctness of any weight or measure used or believe to be used in any transaction relating to the sale or distribution of any specified article .

 

f.        Take or cause to betaken the weight of all or any of the specified articles found in any such premises.

 

g.       Take or cause to betaken samples or specified articles kept for sale for comparing with the approved samples of such specified articles authorized for sale or for analysis.

 

h.       Search any such premises and seize any article and document in respect of which he has reason to believe that any provisions made by or in pursuance of this Order has been or is being contravened.

 

(2) The provisions of Section100 of the Code of Criminal Procedure 1973 (II of 1974) shall, so far as may be, apply to searches and seizures under clause.

 

(3)   The powers exercisable under this clause shall not be exercised except for the purpose of securing compliance with provisions of this Order.

 

(4)   The non-official persons or body of persons to be authorized under sub-section(1) shall not be authorized for any purpose other than the purpose of inspection of consumer food cards and fair price shops authorized under this Order, for the distribution of specified articles.

 

26.Repeals and Savings:

 

      The Delhi Specified Food Articles (Regulations and Distribution) order 1968 is hereby rescinded.

 

Provided that notwithstanding anything to the contrary contained in this Order, such rescission shall not affect the previous operation of the Delhi Specified Food Articles  (Regulation of Distribution) Order, 1968, or anything done or suffered thereunder of any right, privilege.  Obligation or liability acquired /accrued or incurred under the said Order or any penalty, forfeiture or punishment incurred or imposed in respect of any offence committed under the said Order or any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture of punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Order has not been rescinded.