ANDHRA PRADESH PATHOLOGY AND ANATOMY ACT, 1955
10 of 1955
27th September, 1955
An Act to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions for the purposes of pathology or anatomical examination and dissection or for therapeutic purposes. Whereas it is expedient to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions for the purpose of pathological or anatomical examination and dissection or for therapeutic purposes. Be it enacted in the Sixth year of our Republic as follows
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Pathology and Anatomy Act, 1955.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) This section shall come into force at once.
(4) The State Government may, by notification in the Andhra Pradesh Gazette, direct that the remaining provisions of this Act shall come into force on such date and in such area as may be specified in the notification.
Section 2 Definitions
In this Act, unless there is anything repugnant in the subject or context:
(a) "authorised officer" means an officer authorised under Section 3;
(b) "hospital" means any hospital established or maintained by the State Government, or by any local authority and includes any other hospital which may be declared by the State Government, by notification in the Andhra Pradesh Gazette to be a hospital for the purpose of this Act;
(c) "near relative" means any of the following relatives of the deceased, namely a wife, husband, parent, son, daughter, brother or sister and includes any other person who is related to the deceased (i) by lineal consanguinity within three degrees or by collateral consanguinity within six degrees, or (ii) by marriage with any of the relatives aforesaid;
Explanation:- The expressions "Lineal consanguinity" and "collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925, and degree of relationship shall be computed in the manner laid down in that Act.
(d) "prescribed" means prescribed by rules made by the State Government under this Act;
(e) "teaching medical institution" means any of the institutions specified in the schedule to this Act and includes any other institution which may be declared by the State Government, by notification in the Andhra Pradesh Gazette to be a teaching medical institution for the purposes of this Act;
(f) "unclaimed body" means the body of a person who dies in a hospital, prison or public place, which has not been claimed by any of his near relatives within such time as may be prescribed.
Section 3 Power of State Government to authorise officers to act under Section 4
(1) The State Government may by notification in the Andhra Pradesh Gazette authorise for the area in which this Act comes into force or any part thereof, one or more officers to whom a report shall be made under Section 4 and who shall be competent to act under the said section.
(2) Every officer authorised under sub section (1) shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code.
Section 4 Unclaimed dead bodies in hospitals, prisons and public places how to be dealt with
(1) If a person dies in a hospital or in a prison and his body is not claimed by any of his near relatives within such time as may be prescribed, the authority in charge of such hospital or prison shall, with the least practicable delay, report the fact to the authorised officer, and the said officer shall take possession of the unclaimed body and except in the case referred to in sub section (3), hand it over to the authority in charge of a teaching medical institution, if it is required by that authority for the purpose of conducting pathological or anatomical examination and dissection or for the therapeutic purposes.
(2) If a person dies in any public place in an area in which he had no permanent place of residence and the body of that person is not claimed by any of his near relatives within such time as may be prescribed the authorised officer shall take possession of the unclaimed body and except in the case referred to in sub section (3) hand it over to the authority in charge of a teaching medical institution, if it is required by that authority, for the purpose specified in sub section (1).
(3) When there is any doubt regarding the cause of death or when for any reason the authorised officer considers it expedient so to do shall forward the unclaimed body to a police officer referred to in Section 174 of the Code of Criminal Procedure, 1898.
(4) Where any unclaimed body taken possession of by the authorised officer under the section is not required by the authority in charge of a teaching medical institution for the purpose specified in sub section (1), it shall be disposed of in such manner as may be prescribed.
Section 5 Doubt or dispute as to near relative to be referred to a City Magistrate or Magistrate of the first class
(1) If any doubt or dispute arises whether a person is or is not a near relative of the deceased for the purpose of Section 4, the matter shall be referred in the cities of Hyderabad and Secunderabad, to a City Magistrate, and elsewhere to a Magistrate of the first class having jurisdiction and the decision of such Magistrate shall be final.
(2) Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed.
Section 6 Penalty
Whoever disposes of, or abets the disposal of, an unclaimed body save as provided by this Act, or obstructs any authority in charge of a teaching medical institution or an authorised officer from handing over, taking possession of, removing or using, such dead body for the purpose specified in Section 4, shall be punishable with fine which may extend to five hundred rupees.
Section 7 Duty of Police and other officers to assist
All officers and servants of the Police, Medical and Public Health Departments, all officers and servants in the service of a local authority, and all village officers and servants shall be bound to take all reasonable measures to assist authorised officers in the discharge of their duties under this Act.
Section 8 Protection of persons acting under this Act
No suit, prosecution or other legal proceeding, shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.
Section 9 Powers to make rules
The State Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this Act.
Section 10 Repeal and Saving
(1) With effect on and from the date on which the provisions of Section 2 to 9 (both inclusive) of the principal Act are brought into force in any area to which the principal Act is now extended, the Andhra Pradesh (Andhra Area) Anatomy Act, 1951 shall stand repealed in such area.
(2) Notwithstanding such repeal, anything done or any action taken under the repealed Act shall be deemed to have been done or taken under the principal Act as if the principal Act was in force on the date on which such thing was done or such action was taken.
Section 11 Interpretation
The Andhra Pradesh General Clauses Act, 1891 shall apply for the interpretation of this Act or of the principal Act as extended and amended by this Act.
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
[ Section 2(e) ]
1. The Andhra Lakshmi Ayurvedic College, Warangal.
2. The Andhra Provisional Homeopathic College, Gudivada.
3. The Andhra Medical College, Visakhapatnam.
4. The Gandhi Medical College, Hyderabad.
5. The Government Ayurvedic College, Hyderabad.
6. The Guntur Medical College, Guntur.
7. The Kurnool Medical College, Kurnool.
8. The Nizamia Tibbi College, Hyderabad.
9. The Osmania Medical College, Hyderabad.
10. Sri Rangaraya Medical College, Kakinada.
11. The Kakatiya Medical College, Warangal.
12. Sri Venkateswara Medical College, Tirupati.
RULE:
ANDHRA PRADESH PATHOLOGY AND ANATOMY RULES, 1960
In exercise of the powers conferred by Section 9 of the A.P. Pathology and Anatomy Act, 1955 (A.P. Act X of 1955), the Governor of Andhra Pradesh hereby makes the following rules:
Rule 1
These rules may be called the Andhra Pradesh Pathology and Anatomy Rules, 1960.
Rule 2
In these rules "the Act" means the Andhra Pradesh Pathology and Anatomy Act, 1955 (A.P. Act X of 1955).
Rule 3
(1) All officers and servants of the Police, Medical and Public Health Departments, all officers and servants in the service of a local authority and all village officers and servants who come to know of the death of any person in any public place in an area in which he had no permanent place of residence, shall report the fact to the authorised officer with the least practicable delay.
(2) Without prejudice to the generality of the foregoing provision, the responsibility for immediately reporting the fact to the authorised officer and also arranging the removal of the dead body to the hospital for preservation from decay shall be that of the officer incharge of the police station having jurisdiction over the area or the village headman of the area, as the case may be.
(3) If the body of such person is not claimed by any of his near relatives within a period 24 hours, the authorised officer shall proceed to deal with the body in the manner laid down in Section 4 of the Act.
Rule 4
(1) When a person dies in a hospital or in a prison the authority in charge of such hospital or prison shall immediately report the fact to the nearest relative mentioned in the records of the patient or prisoner. If the said relative does not claim the body within 24 hours in cases where the nearest relative is a resident of the same district, or within 72 hours where the nearest relative is resident outside the district, the dead body shall be disposed of in the manner laid down in Section 4 of the Act.
(2) Pending receipt of the claim, if any, in pursuance of sub rule (1) the dead body shall be removed to the Osmania Medical College mortuary or teaching medical institution, as the case may be preservation from decay.
(3) If such body is not claimed within the period specified in sub rule (1), the authorised officer shall proceed to dispose of the body in the manner laid down in Section 4 of the Act.
Rule 5
A Magistrate of the first class shall, for the purpose of deciding any doubt or dispute under sub section (1) of Section 5 of the Act, hold a summary inquiry into the matter. Such Magistrate need not record the oral evidence of witnesses but he shall maintain a memorandum of evidence and a gist of the representations and counter representations made in the case, on the basis of which he arrives at a decision.
Rule 6
Dead bodies which are received shall be kept temporarily in the cold storage of the mortuary until they are removed for Pathological examinations or are removed to the Anatomy Department. In the Anatomy Department they shall be washed and preserved by means of formalin or glycerine solution. Those which are not reserved for immediate use or reserved pending settlement of dispute contemplated under Section 5(1) of the Act, shall be kept in a tank containing preservation solution.
Rule 7
Nothing contained in these rules shall apply to cases where death has taken place under suspicious circumstances and the body is required for medico legal examination. In such cases if the police have not taken possession of it themselves, the body shall be handed over to the police immediately.
ORDER/SCHEME
Andhra Pradesh State Public Distribution System Control Order, 2001
In exercise of the powers conferred by Section 3 of the Essential Commodities, Act, 1955 (Central Act 10 of 1955) and in terms of the order of Government of India, Ministry of Consumer Affairs, Food and Public Distribution GSR No.630(E), dated 31st August, 2001, the Government of Andhra Pradesh in Supersession of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 issued in G.O.Ms.No.1088, F and A (CS.IV) Department, dated 28th September, 1973, the Government of Andhra Pradesh hereby makes the following order namely :--
Order 1 Short Title, Extent and Commencement
(a) This order may be called the Andhra Pradesh Public Distribution System (Control Order) 2001.
(b) It extends to the whole of the State of Andhra Pradesh.
(c) It shall come into force from the date of publication in the Andhra Pradesh Gazette.
Order 2 Definitions
(1) "Above Poverty Line Families" means that families who have been issued Above Poverty Line Cards (APL ration cards) for issue of foodgrains under the Public Distribution System.
(2) "Act" means the Essential Commodities Act, 1955 in this order unless the context otherwise requires
--
(3) "Antyodaya Families" means those poorest families from amongst Below Poverty Line (BPL) families identified and entitled to receive foodgrains under the Antyodaya Annayojana.
(4) "Appointing Authority" means District Supply Officer, having jurisdiction over the area in respect of Hyderabad District, the District Supply Officer (City) having jurisdiction over the area in respect of Viskhapatnam city and the Revenue Divisional Officer of the Sub-Collector concerned in respect of other districts.
(5) "Authorised Establishment" means a person in charge of an establishment authorised by or on behalf of the State Government under Clause 3 for purpose of this order.
(6) "Authorised Fair Price Shop" means a retail dealer appointed or authorised or approved by or on behalf of the State Government and includes a shop set up by the State Government or a State Government undertaking or a Corporation wholly owned by the State Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme under clause (5) for sale of all or any of the Scheduled Commodities.
Explanation : On the commencement of this order in any area every dealer who was appointed, authorised or approved by or on behalf of the State Government (as approved retailer or by any other designation and whose appointment), authorization or approval was in force in respect of any of the Scheduled Commodities immediately before such commencement, shall be deemed to be an authorised fair price shop dealer in that area for supply of those commodities for the purpose of this Order, unless otherwise directed by the State Government or the Collector concerned.
(7) "Below Poverty Line Families" means those families who have been identified by the Government for issue of foodgrains at specially subsidized rates adopting the estimates of poverty given by the Central Government.
(8) "Collector" means the District Collector or the Joint Collector of the District or as the case may be the Chief Raioning Officer, Hyderabad.
(9) "Commissioner" means Commissioner of Civil Supplies, Government of Andhra Pradesh and includes the "Director" or Civil Supplies, Government of Andhra Pradesh.
(10) "Eligible Applicant" means an individual who is resident of a State and fulfills the conditions for getting a ration card as may be prescribed by the State Government.
(11) "Establishment" means any catering establishment, residential establishment, manufacturing establishment, Mill, Industry Animal establishment and any other establishment or class of establishment which the State Government or the Collector may declare on establishment for the purpose of this order.
(12) "Establishment Consumption" means using upto the Scheduled Commodities by an establishment for consumption on the premises of the establishment or elsewhere.
(13) "Essential Commodities" means essential commodities as defined under the Act.
(14) "From" means the Form set forth in the schedule to this order.
(15) "Household Consumption " means consumption of Scheduled Commodities other than establishment consumption.
(16) "Scheduled Commodity" means any commodity specified in the schedule to this Order, which is supplied by the State Government or to any authorised fair price shop or establishment for issue to the Consumers.
(17) "State Government" means the Government of the State of Andhra Pradesh.
(18) "Supply Card" or "Ration Card" means a household foodgrains card, or any other card permit or other document issued or made available under the provisions of this Order for obtaining supplies of all or any of the Scheduled Commodities and any card permit or other documents issued by or on behalf of the State Government before the commencement of this order in any areas and on which any of the scheduled commencement of this order in any areas and on which any of the scheduled commodities were obtainable immediately before such commencement, shall be deemed to be a supply card or Ration card issued and available in that area for obtaining those scheduled commodities under the provision of this order.
(19) "Supply Document" means a supply card, authorisation or any other document issued or made available or deemed to be issued or made available under the provisions of this order for purchasing, selling or distribution of all or any of the scheduled commodities.
(20) "Public Distribution System" means the system for distribution of essential commodities to the ration card holders through the fair price shops, such as rice, wheat, sugar edible oils, kerosene and such other commodities as are notified by the Central Government under clause (a) of Section 2 of the Act.
Order 3 Identification of Families Below the Poverty Line
The Government for the purpose of identification of families living below the poverty line shall follow the norms as prescribed in the paragraph 1 of the Annexure to this Order.
Order 4 Ration Cards
The Government shall issue distinctive ration cards to the above Poverty line and below Poverty line and Antyodaya families on the norms as prescribed in the paragraph 2 of the annexe to the order.
Order 5 Issue of Authorisation to Fair Price Shops and Establishment
(1) With a view to controlling and ensuring proper distribution of scheduled commodities owned by the State Government, the appointing authority may issue authorisations to fair price shops owned by the State Government or any State Government undertaking or any public institution or persons including women or Development of Women and Children in Rural Areas group (DWCRA) or registered Women voluntary consumer organisations or thrift groups like Podupu Lakshmi or Co-operative societies which are run exclusively by women (Which have only women as members) either wholly or party, subject to such preferences and reservations as may be prescribed by Government from time to time in this regard to obtain and supply scheduled commodities in accordance with the provisions of this order. Provided that the said authorisation shall cease to be valid when the Government undertaking running of the authorised fair price shop either by themselves or through a Government undertaking or a corporation wholly owned by the Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme.
Provided further that the State Government may, in the Public interest, replace all or any of fair price shop dealers and entrust the distribution through a shop set up by the State Government, a State Government undertaking or a Corporation wholly owned by the State Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme.
Provided also that any person dealing in the same commodities obtained otherwise than through Government for supply through Public Distribution System either in his own name or in the name of any member of his family shall not be issued authorisation to run the fair price shop and the Government, in cases where the fair price shop dealer has also got a licence in his own name or in the name of any of his family member to deal with the same commodities, obtained otherwise than through the Government for sale to consumers through Public Distribution System, cancel the authorisation:
Provided also that every fair price shop dealer should give an undertaking to the appointment authority concerned that he or she would relinquish the dealership if he or she is elected to any public office.
(2) Every authorised fair price shop dealer or co-operative society as the case may be, shall deposit with the State Government or the appointing authority or any person authorised in this behalf "a sum of Rs.4,000/- (Rupees Four Thousand only) in the case of Urban areas and a sum of Rs.3,000/- (Rupees Three Thousand only) is the case of Rural areas" as refundable trade deposit in the shape of security deposit for the due performance of the conditions of the authorisation and the sum so deposited or any part thereof may, without prejudice to any other penalty, after enquiry, and after giving a reasonable opportunity to the person to whom the authorisation is issued, of stating his case and also of being heard, and for reasons to be recorded in writing, be forfeited, by the State Government or the appointing authority for contravention of any of the provisions of this orders or any conditions of the authorisation issued thereunder. If as a result of any department action the sum deposited or any part thereof is forfeited the authorised fair price shop shall forthwith pay to the Government such amount as may be required to make up the prescribed sum to be deposited as security.
Provided that where a dealer of a fair price shop is exempted from payment of the security deposit under the above clause the Government or the appointing authority may, in case of contravention of any of the conditions prescribed in the authorisation, after enquiry and for reasons to be recorded in writing besides cancelling the said authorisation impose penalty of a sum not exceeding the security deposit prescribed for authorised fair price shop in general. Provided further that nothing in this clause shall apply to a shop run by the Government or a Government undertaking or a corporation wholly owned by Government under a Government scheme.
(3) Any agreement executed by any authorised fair price shop for being appointed or approved and which was in force immediately before the commencement of this order shall stand cancelled except as respects any thing done or omitted to be done before such commencement and any sum deposited there under a security shall be deposited with the Government under sub-clause (2).
(4) The appointing authority may, at time whether at the request of the authorised fair price shop or authorised establishment or suo motu after making enquiry as may be deemed necessary and for reasons to be recorded in writing, add to, amend, vary suspend or cancel the authorisation issued or deemed to be issued to him under this clause. Notwithstanding anything contained in sub-clause (3) and (4) above, where a fair price shop dealer has been convicted by a Court of law in respect of contravention of any order made Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) relating to any of the Commodities mentioned in the scheduled to this order, the appointing authority, shall by order in writing, cancel his authorisation:
Provided that such conviction is set aside in any appeal or revision, the appointing authority may, on application in Form-I made by the person whose authorisation has been cancelled, reissue the authorisation to such person.
(5)
(i) Any application for issue or renewal of authorisation shall be made in Form-I to this order and every authorisation issued, re-issued or renewed under this order shall be in the Form of Authorisation prescribed in Form-II to this order.
(ii) Every application, for renewal shall be made along with the authorisation, before expiry of the period of authorisation.
(iii) The authorisation may be renewed if the application for renewal is received within one month after the expiry of the period of its validity subject to payment of fee prescribed therefor. However, if an application for renewal of authorisation is not made within one month, after the expiry of its validity, the authorisation shall cease to be valid and the entire security deposit made under sub-clause (2) of clause (3) shall be forfeited.
(iv) The authorisation is not transferable. Provided that the validity of the authorisation shall not be deemed to have expired if an application for its renewal as required under this sub-clause is pending before the appointing authority as the case may be.
(6) Period of authorisation and fees chargeable:
(i) Every authorisation issued under this order shall be valid for a period ending by 31st March and shall be issued for a period of two years.
(ii) The fees payable for issue of an authorisation shall be Rs.500/- and that for the renewal of authorisation for two years shall be Rs.250/-. Provided that all these fair price shop dealers who are already appointed as dealer shall pay the fees and as prescribed under this sub-clause and obtained fresh authorisations within the period of three months from the date of publication of this notification in the Andhra Pradesh Gazette.
Order 5A Suo Motu Review
The Chief Rationing Officer in respect of Hyderabad City or the District Collector/Joint Collector elsewhere may either suo - motu or an application may call for examine the records under clause (5) of this order relating to any order passed under sub-clause (2) or (4) for the purpose of satisfying himself as to the legality or property or adequacy of the punishment imposed and for reasons to be recorded in writing, add to amend revise or annul the orders passed by the appointing authority. Before passing final orders under this clause, the Chief Rationing Officer, in respect of the twin cities of Hyderabad and Secunderabad District Collector/Joint Collector elsewhere shall give the fair price shop dealer concerned an opportunity or making his representation and pass such order thereon as it may deem fit."
Order 6 Duplicate Authorisation
(i) If the appointing authority is satisfied that an authorisation is defaced, lost destroyed or otherwise rendered useless, he may on payment of a fee of Rs.50/- issue a duplicate authorisation.
(ii) The fee paid under this sub-clause shall not be refundable.
(iii) In the absence of authorisation, the FP Shop dealer should not be allowed to take up transation relating to PDS Commodities.
Order 7 Supply of Scheduled Commodities by Authoised Fair Price Shop/Authorised Establishment
(i) No authorised fair price shop or authorised establishment shall sell or agree to sell or supply or agree to supply scheduled commodities to any person except for household consumption or for the purposes of an establishment other than establishment consumption, except at such prices as may be specified by the Government in this behalf and except under and in accordance with the provisions of this order.
(ii) The NRs those present are also required to follow a provision existing that they should obtain authorisation as if the Fair Price Shop dealers are obtaining the authorisation.
Order 8 Powers to issue Supply Cards
(i) With a view to controlling the distribution of scheduled commodities the Government or the Collector or Mandal Revenue Officer in rural areas or Assistant Supply Officer may issue or cause to be issued supply cards to any person or class of persons or to the public generally.
(ii) Provided that no such card shall be delivered to persons unless such person or any adult member of his family to whom the document is tendered on his behalf signs in token of receipt of such document as required by the Officer delivering such document.
(iii) The Government or the Collector or Mandal Revenue Officer or Assistant Supply Officer or any Officer authorized by the Government or by the Collector may, at any time whether at the request of the person to whom any supply card has been issued or suo motu, after making such enquiry as may be deemed necessary, add to, amend, vary, suspend or cancel such card. Where any such card is cancelled, any person in possession of it shall forthwith delivery the same to Government, the Collector or Mandal Revenue Officer or Assistant Supply Officer or authorised Officer as the case may be.
Order 9 Powers to make Regulations
(i) The Government may make regulations providing for the conditions subject to which scheduled commodities may be supplied or obtained for household consumption or for the purposes of an establishment other than establishment consumption of in connection therewith.
(ii) Any regulations made under this clause shall have effect as if they were incorporated in this regard.
Provided that nothing in the sub-clause (1) and (2) above shall apply to a shop run by the Government or the Government undertaking, or a Corporation wholly owned by the State Government.
Order 10 Supply of documents to remain property of the State Government
Every supply document issued under this order shall be the property of the State Government but the person to whom it is issued or surrendered or with whom it is retained under the provisions of this order shall subject to the other provisions of the order be entitled to its custody and be responsible for its safe custody.
Order 11 Replacement of defaced, lost or destroyed supply document
(i) If any supply document be defaced, lost or destroyed, the Collector or the Chief Rationing Officer or Mandal Revenue Officer or Assistant Supply Officer as the case may be, shall after making such enquiry ,as he may think fit issue a new supply document in place thereof on payment of Rs.10/- in the case of duplicate Above Poverty Line card and Rs.5/- in respect of duplicate Below Property Line/Antodaya Anna Yojana cards.
Provided that no such fee shall be charged for the issue of any duplicate supply card, if the Collector or the authorised Officer is satisfied that the original card was defaced, lost or destroyed on account of fire, flood or other natural calamity or is required to be produced in a Court or for purposes of evidence before any person, holding an enquiry or is required to be issued on account of some mistake on the part of the issuing office.
(ii) Every person to whom a new supply document has been issued it shall, If he subsequently finds the lost document, for the return the latter document to the Collector or the authorised officer.
Order 12 Prohibition against transfer of supply documents
No person shall transfer to any other person a supply document issued to himself and no person shall use or dispose of or obtain such document, except under and in accordance with the provisions of this order.
Provided that no authorised fair price shop dealer shall keep in his possession any supply card or cards relating to any household or establishment whether registered in his shop or not.
Order 13 Returned of Supply Document by person in unauthorised possession thereof
Where any person is in possession of a supply document and such possession is not authorised by virtue of this order, he shall forthwith deliver the same to the person in respect of whom it is issued or to the Mandal Revenue Officer or Assistant Supply Officer of the area in which he resides.
Order 14 Cancellation of Supply Card
(i) In any case where any supply card or any entry or coupon thereon is required to be cancelled under or for the purposes of this order, it shall not be deemed to be cancelled unless it shall have been effectively cancelled in ink (whether by means of a dye or stamp or stamps or otherwise) or by means of indelible pencil and shall upon such cancellation cease to be available for lawful use.
(ii) Appellate authority: In the context of cancellation or denying the issue or renewal of a supply card by the concerned authority, the aggrieved ration cardholder in all the Districts of Andhra Pradesh except twin cities of Hyderabad and Secunderabad, Viskskhapatnam (Urban) may appeal before the Revenue Divisional Officer of the concerned division within 30 days and in respect of the twin cities of Hyderabad and Secundrabad and Visakhaptnam (Urban) the concerned card holders may file an appeal before the District Supply Officers concerned within (30) thirty days.
Order 15 Prohibition against applying for Duplicate Supply Card etc.
No person shall:--
(a) dishonestly apply for or receive a supply card if he knows or has reason to believe that his name is already include in any other supply card issued to any household.
(b) obtain a supply card by furnishing false information.
(c) without lawful authority alter or destroy a supply card issued to him.
Order 16 Power to enter Premises, Inspect, Search and seize stocks of Scheduled Commodities, ask questions require, Production of Documents, etc.
(i) Any Officer, or person authorised by the Government or by the Collector or by the appointing Authority or any officer of the Revenue or Civil Supplies Department not below the rank of Revenue Inspector/Checking Inspector/Food Inspector (Civil Supplies), Deputy, Tahsildar (Civil Supplies) Deputy Tahsildar (Revenue) or any Gazetted Officer of Vigilance and Enforcement Department, Andhra Pradesh, Hyderabad, may at all reasonable times inspect any stocks of scheduled commodities, supply documents or books, accounts or other documents pertaining to dealing in scheduled commodities and may for the purpose of such inspections. In case of weighment of Scheduled Commodities, the Assistant Legal Metrology Officer appointed by the Weights and Measures Department is also competent to inspect the Fair Price Shop premises.
(a) enter the premises of any establishment or shop provided that in exercising the power of entry, due regard shall be paid by such officer or person to the social and religious customs of the occupants of the premises.
(b) to Summary and enquiry any person with the relevant and necessary questions
(c) require the production of any documents and take or Court to be taken extracts from or copies of such documents; and
(d) take or cause to be taken the weight or measure of the scheduled Commodities found in the pemises.
(ii) Every person when so required by such officer or person under sub-clause (1) shall allow access to premises, answer all questions to the best of his knowledge and belief, produce the documents in his possession and allow extracts from or copies of any scheduled commodities found in the premises, to be taken.
(iii) Such Officer, may in the Course of such inspection search for and seize any commodity in respect of which he has reasons to believe that any provision made by his order has been or is being contravened.
(iv) The provisions of Section 100 of the Code of Criminal Procedure 1973, relating to search and seizure shall so far as may be, apply to search and seizure under this Order.
Order 17 Penalties for possessing cards, making false entries or diverting stock
Notwithstanding any thing contained in this Order,
(a) if any fair price shop dealer is found to be in possession of supply card (s) or drawn commodities by making false entries of card numbers (s) even though no such card holder resides in the village/municipality as the case may be, such fair price shop dealer shall be required to pay loss to Government calculated as the differences between the market rate and public distribution system rate of all commodities supposed to have been supplied or drawn on such card(s) or entries, from the date of issue of authorisation to the fair price shop dealer concerned or from the date of issue of such household supply card, whichever is late.
(b) if any fair price shop dealer makes false entry or entries, in respect of cards(s) held by person (s) residing in the village/municipality concerned, by fraudulently showing to have supplied more quantities than the quantity actually supplied or diverts stocks to any person, but does not make any entry in the cards, with a view to making fictitious entries subsequently, or cover up the excess stocks already available with him, such a dealer shall be required to pay loss to Government calculated as the difference between the market rate and Public Distribution System rate of the commodity actually delivered or covered by such a false entry or entries or worked backwards from the date of issue of authorisation to the fair price shop dealer concerned or from the date of issue of such household supply card, whichever is later.
(c) if any fair price shop dealer diverts stock either wholly or party, he/ she shall be liable to pay as penalty three times the difference between the market and Public Distribution System of the commodity thus diverted, besides cancellation of authorisation given by the RDO/Sub-Collector.
Order 18 Surrender of Supply Documents and Obligations to furnish certain particulars
Every authorised fair price shop or authorised establishment, as the case, may be, shall when so required by the Mandal Revenue Officer or the Assistant Supply Officer concerned or by an Officer authorised by the Government or the Collector, in this behalf.
(a) deliver to him all supply cards and other supply documents surrendered to him under or for the purpose of this order; and
(b) furnish such particulars relating to his dealings in and stock of scheduled commodities as may be required.
Order 19 Further conditions to be observed by the authorised Fair Price Shops
The authorised Fair Price Shop dealers should follow the conditions stipulated in paragraph 3 of the Annexure to this order.
Order 20 Appeal
(1) Any person aggrieved by any order passed by the appointing Authority under clause (5) may, within thirty days from the date of receipt by him/her of such order, appeal against such order, where it is passed by.
(i) The Revenue Divisional Officer of the Sub-Collectors or the District Supply Officer (city) having jurisdiction over the area in respect of the Visakhapatnam city to the Joint Collector in the District.
(ii) The Chief Rationing Officer in Hyderabad District. In disposing of any appeal under this clause, the appellate authority may, after giving the party an opportunity of making his representation, pass such order thereon as that authority may deem fit.
(2) Pending disposal of an appeal, the appellate authority may direct that the order appealed against shall not take effect until the appeal is disposed off."
Order 21 Revision
(i) Any person aggrieved by an order under clause 20(1)(i) may, within thirty days the date of communication to him/her of such an order, prefer a revision to the District Collector concerned.
(ii) Any person aggrieved by an order under clause 20(1)(ii) may within thirty days from the date of communication to him/her of such an order, prefer a revision to the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad. Provided that no order shall be passed under this clause unless the aggrieved person has been given a reasonable opportunity of representing his/her case.
(iii) Pending disposal of the revision, the District Collector in the districts and the Commissioner or Civil Supplies in respect of Hyderabad District, may direct that the order under revision shall not have effect until the revision is disposed of.
Order 22 Licensing and Responsibilities / Duties of F.P. Shop Dealers
(i) The Fair Price Shop Dealer need not obtain further more any licence in case the Fair Price shop dealer possessies authorisation.
(ii) The Fair Price Shop dealer shall not retain ration cards after the supply of the essential commodities.
(iii) The ration card holder shall not be denied the supply as per the entitlement of Essential Commodities, lying in stock by the Fair Price shop dealer under the Public Distribution System Fair Price Shop dealer pass bills to the consumers on the supply of Essential Commodities.
(iv) The scale of issue and the price of each commodity as fixed by the Government should be exhibited by the Fair Price Shop Dealers at a conspicuous place in the business premises.
(v) Display of information on a notice at a prominent place in the shop on daily basis regarding (a)‘list of BPL and APL, Antyodaya/Annapurna beneficiaries (b) entitlement of essential commodities, (c) scale of issue, (d) retail issue prices, (e) timings of opening and closing of the fair price shop, (f) stock of essential commodities received during the month, (g) opening and closing stock of essential commodities (h) the authority for redressal of grievances/lodging complaints with respect of quality and quantity of essential commodities under the public distribution system, (i) display of samples of foodgrains being supplied through Fair Price Shop/ authorisation number of reference and validity.
(vi) Opening and closing of the Fair Price Shop as per the prescribed timings displayed on the notice board.
(vii) Accounts of the actual distribution of Essential Commodities and balance stocks at the end of the month should be submitted by the Fair Price Shop dealer invariably to the Deputy Tahsildar. (CS)/ Mandal Revenue Officer with a copy to the Gram Panchayat.
Order 23 Monitoring/Inspections
(1) The prescribed sales registers, stock register and ration card register should be verified by the Revenue Inspectors/Food Inspectors (Civil Supplies)/ Checking Inspectors every month. Every month inspection of Fair Price Shop shall be carried out by the officials as follows: Collector : 3 Joint Collector : 5 RDO/ Sub-Collector : 8 MRO / ASO : 5 DT (CS) (Enforcement) : 10
(2) Regular inspections of every Fair Price Shop should be made once in two months by the Deputy Tahsildar (Civil Supplies) / Mandal Revenue Officer within his jurisdiction. The date of inspection schedule of Fair Price shops should be as indicated below:
(a) Every 1st to 5th of every month the D.Ds. remitted by the dealers should be watched and lifting of the Essential Commodities should also be noted by the UDRI/CS RI and reported to Deputy Tahsildar (Civil Supplies) on day to day basis. The Checking Inspector/UD Revenue Inspector/ Civil Supplies Revenue Inspector/Deputy Tahsildar (CS) should inspect the Fair Price Shop soon after the lifting of Essential Commodities by the Fair Price Shop dealers.
(b) The responsibility lies on the part of UDRI/CS R.I for ensuring the opening of the Fair Price Shop by the Fair Price Shop dealer on time and run the shop in distributing the commodities as per the scheduled timings.
(3) The Deputy Tahsildar (Civil Supplies) / Mandal Revenue Officer should inspect Ten Fair Price Shops and Five Fair Price shops respectively in their jurisdiction for one month in the prescribed check memo.
(4) The Collector (Civil Supplies) shall ensure monitoring the functioning of the Public Distribution System at the Fair Price shop level through the computer network of the NIC installed in the District NIC centres. For this purpose computerized codes shall be issued to each Fair Price Shop in the district.
(5) Collector (Civil Supplies) shall educate the ration card holders (Consumers) regarding their rights privileges under the Public Distribution System by use of electronic and print media as well as display boards outside fair price shops.
(6) The Collector (Civil Supplies) shall ensure periodic system of reporting and the complete information in this regard shall be sent in the prescribed form as follows:
(a) By fair price shops to the District Authorities to State Government by the
(b) By the District Authorities to State Government by the 15th of the month for which allocation is made in Form ‘B’.
(c) By the State Government to the Central Government by the end of the month following the month for which allocation is made in Form ‘C’.
(7) The Collector (Civil Supplies)/Chief Rationing Officer, Hyderabad should furnish the ultisation certification of the Commissioner of Civil Supplies as regards the allocation of food grains made by the Commissioner of Civil Supplies every month and the utilisation certificates duly signed by the Collector should reach within a period of one month from the month for which the allocation is made.
(8) The Collector (Civil Supplies)/ Mandal Revenue Officer, Hyderabad / Mandal Revenue Officer / Assistant Supply Officer shall direct the concerned fair price shop owner to provide relevant extracts of the documents maintained by him on an application made by a beneficiary, on payment of a prescribed fee of Rs.5/-. Annexe to
Andhra Pradesh Public Distribution System (Control Order), 2001
Andhra Pradesh Public Distribution System (Control Order), 2001
Order 1
Identification of families living below Poverty Line.
(1) The criteria for the purpose of identification of BPL families the following categories of land owning people should be taken for eligibility.
(a) All those owning wet lands upto an extent of 1.50 acres under assured sources of irrigation.
(b) All those owning we lands upto 2.50 acres under all other sources of irrigation like tanks and wells.
(c) All those owning lands upto 3 acres of dry lands which are fit for raising commercial crops like tobacco, chillies etc.
(d) All those owning upto 5 acres of dry lands.
(e) The annual income of a family should not exceed Rs.11,000/- per annum from all sources.
(2) The Collector shall get the lists of Below Poverty Line and Antyodaya families reviewed every year for the purpose of deletion of ineligible and inclusion of eligible families in the presence of the local bodies represening the Gram Sabhas.
(3) While undertaking the exercise of identification or review of Below Poverty Line and Antyodaya families a prescribed proforma to be filled up by or on behalf of the head of the family should be obtained by the issuing authority.
(4) The date provided in the prescribed proforma should be obtained by the designated authority. The said authority shall also certify the correctness of the information contained in the proforma.
(5) Gram Sabhas shall finalise the list of beneficiaries belonging to Below Poverty Line and Antyodaya categories drawn up by designated authority in respect of the area under their respective jurisdiction.
(6) Where there are no Gram Sabhas, the local representative bodies shall finalise the list of beneficiaries belonging to BPL and Antyodaya categories within their receptive jurisdiction.
(7) The Mandal Revenue Officers and Assistant Supply Officers designated authority of the State Government or the local bodies representatives of Gram Panchayats which have been entrusted with the task of identification of beneficiaries, shall verify and certify the information in the prescribed proforma for Below Poverty Line and Antyodaya families.
Order 2
Ration Cards
(1) It should be ensured that no eligible applicant is denied a ration card under the Public Distribution System.
(2) The ration card holders should be entitled to draw essential commodities from a fair price shop on weekly basis.
(3) The Government shall issue distinctive ration cards to Above Poverty Line, Below Poverty Line and Antyodaya families.
(4) The designated authority shall issue a ration card within one month of the date of receipt of the application after necessary checks and verification.
(5) The applications received for making additions or alterations in the ration card shall be disposed off within (15) days from the date of receipt of the application or the reasons therefor shall be intimated to the applicant in writing.
(6) The Government shall conduct periodical checking of ration cards to weed out ineligible and bogus ration cards and bogus units in ration cards.
(7) A ration card shall be valid for a specified period. A ration card shall be issued afresh or renewed after fresh verification of antecedents and such other checks as may be prescribed by the Government in this regard.
(8) Elimination of bogus ration cards as well as bogus units in the ration cards shall be a continuous exercise by the Government to check diversion of essential commodities.
(9) Ration Cards shall not be used as documents of identity or the purpose other than as intended for.
Order 3
Further conditions to be observed by the authorised Fair Price Shop.
(1)Every authorise fair price shop shall;
(a) Be held responsible for all the facts of commission and omission of his partners, agents, servants and other persons who are allowed to work in the shop.
(b) Not sell scheduled commodities obtained from source other than the Government godown or any agency appointed by the Collector, except under and in accordance with the conditions if any, of a special permission granted by the Collector or any officer authorised by him from time to time.
(c) Always maintains adequate stocks of the scheduled commodities.
(d) Take adequate measures to ensure that the scheduled commodities stored by him are maintained in good conditions and the damage to them due to ground moisture, rain, insects, rodents, birds, fire and such other causes is avoided. Suitable drainage shall be used wherever necessary to avoid damage from ground moisture. Fertilisers, insecticides and poisonous chemicals likely to contaminate shall not be stored along with the scheduled commodities in the same godown or shop of the immediate juxtaposition of such commodities. It shall further be ensured that at the time of sale, the said commodities are in good conditions.
(e) Not hold any office in public life, with or without remuneration.
(2) No authorised fair price shop shall, without reasonable cause stop the working of the shop abruptly or allow the shop to remain closed during working hours on any working day without the prior approval of the appointing authority.
(3) Every authorised fair price shop intending to stop the business of supplying scheduled commodities shall give thirty days previous notice to the *appointing authority to enable him to make alternative arrangements for supplying scheduled commodities to supply card holders allotted to the shop.
(4) The authorisation issued under this order shall be liable for suspension or cancellation, as is the case may be, for any contravention of the provisions of this order or any instructions, directions, or orders issued by the Government or Commissioner of Civil Supplies or the Collector or Chief Rationing Officer or the appointing authority concerned.
(5) The authorisation issued under this order shall be liable for suspension or cancellation as the case may be, if the Fair Price Shop dealer is involved in any criminal case or when any case under Essential Commodities Act, 1955 or any other similar law in pending against him/her.
(6) Appeal Any person aggrieved by any order passed by the appointing authority under clause (5) may, appeal within thirty days from the date of receipt of the order by him/her.
(1) The Revenue Divisional Officer or the Sub-Collector or the District Supply Officer (City) having jurisdiction over the area in respect of the Visakhapatnam City to the Joint Collector in the district.
(2) The District Supply Officer to the Chief Rationing Officer in Hyderabad District. In disposing of any appeal under this clause, the appellant authority may, after giving the party an opportunity of making his representation, pass such order thereon as that a authority may deem fit pending disposal of an appeal, the appellate authority may direct that the order appealed against shall not take effect until the appeal is disposed of.
Order 7 Revision
(1) Any person aggrieved by an order under clause 20(1)(2) may, within thirty days from the date of communication to him/her of such an order, prefer a revision to the District Collector, concerned.
(2) Any person aggrieved by an order under clause 20(1)(ii) may, within thirty days from the date of communication to him/her of such an order, prefer a revision to the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad. Provided that no order shall be passed under this clause unless the aggrieved person has been given a reasonable opportunity of representing his/her case.
(3) Pending disposal of the revision, the District Collector in the Districts and the Commissioner of Civil Supplies in respect of Hyderabad District, may direct that the order under revision shall not have effect until the revision is disposed of.
SCHEDULE 1 Schedule
(See sub-clause (16) of clause 2) The Schedule
(See sub-clause (16) of clause 2)
1. Price (including paddy) X
2. Wheat X Whole or broken or the
3. Jowar X flour
4. Bajra X products thereof
5. Maize X
7. Sugar
7. Pulses
8. Edible Oils
9. Kerosene
10. Janatha Sets
11. Nationalised tex books
Form -A
[ See clause 23(6)(i) ]
Proforma for Reporting the Functioning of Fair Price Shops
Month.......................................
Year.....................................
A. Name of the State.........................................State Code.........................................................
B. Name of the District....................................... District Code....................................................
C. Name of the Block.............................................Block Code..................................................
D. Number/Name of the Fair Price Shop..........Fair Price Shop Code..........................................
E. No. of the Ration Cards attached to FPS
Antyodaya :
Below Poverty Line :
Above Poverty Line :
Others :
Total :
--------------------------------------------------------------------------------
Commodities
Opening at the
beginning of the
month
Allocation for
the month
Quantity actually
received by Fair
Price Shop
Total Quantity
(2 + 4)
Quantity
Distributed
Closing Stock
--------------------------------------------------------------------------------
(1)
(2)
(3)
(4)
(5)
(6)
(7)
--------------------------------------------------------------------------------
Rice:
APL
BPL
Antyodaya
--------------------------------------------------------------------------------
Wheat:
APL
BPL
Antyodaya
--------------------------------------------------------------------------------
Levy Sugar
--------------------------------------------------------------------------------
Edible Oil
--------------------------------------------------------------------------------
Kerosene
--------------------------------------------------------------------------------
Form-B [ See clause 23(6)(ii)] Proforma for Reporting the Functioning of Fair Price Shops At District Level Month .................................. Year................................................... A. Name of State..................................................State Code............................................... B. Name of the District..........................................District Code......................................... C. Total number of Fair Price Shops in the District at the end of the Month...................... D. Details regarding Fair Price Shops which received the Public Distribution System commodities during the month: S1.No. Commodity No. of Fair price shops 1. Wheat 2. Rice 3. Sugar 4. Edible Oil 5. Kerosene E.No. of Ration Cards: Antyodaya Below Poverty Line Above Poverty Line Others (Annapurna) Total (i) Number of Ration Cards at the beginning of the month: (ii) Number of Ration Cards issued during the month : (iii) Number of Ration Cards cancelled during the month: (iv) Number of Ration Cards at the close at the month : F. Allocation/Distribution by the District authorities: Quantity in quintals) Commodity Opening Total Total Allocation to Lifting by Fair Quantity Closing Stock Monthly Stock Fair Price Price Shops distributed stock at Alloca- Shops the end of tion the month ______________________________________________________________________________ No. Quantity No. Quantity ______________________________________________________________________________ (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) ______________________________________________________________________________ Rice: APL BPL Antyodaya _____________________________________________________________________________ Wheat: APL BPL Antyodaya _____________________________________________________________________________ Levy Sugar Edible Oil Kerosene G. Allocation/Distribution by the Fair Price Shops: (Quantity in quintals) Code Opening Quantity Quantity Total Quantity Closing Commodity stock with allocated received by quantity distributed by stock with Fair Price by Fair by Fair with Fair the Fair Fair Price Shops Price Price Price Price Shops Shops Shops Shops Shops ______________________________________________________________________________ RICE: APL BPL Antyodaya _____________________________________________________________________________ Wheat: APL BPL Antyodaya _____________________________________________________________________________ Levy Sugar Edible Oil Kerosene Form C (See clause 23(6) (iii)) Proforma For Peporting the Functioning of Fair Price Shops At State Level Month: ................................................ Year: ............................................ A. Name of the State: ....................................................State Code........................................ B. Number of Ration Cards : Antyodaya : Below Poverty Line : Above Poverty Line : Others : Total : (i) Number of Ration Cards at the beginning of the month : (ii) Number of Ration Cads issued during the month : (iii) Number of Ration Cards cancelled during the month : (iv) Number of Ration Cards at the close of the month : C. Total Number of Fair Price Shops at the end of the Month: D. Details of Fair Price Shops which received Public Distribution System Commodities during the month: S.No. Commodity No. of Fair Price Shops 1. Wheat 2. Rice 3. Sugar 4. Edible Oil 5. Kerosene E. Allocation / Distribution by the State Government. (Quantity in quintals) Opening Qty. procured Quanity Quantity Closing stock at under Total issued to lifted by the Quantity stock at the Commodity the Total decentralized Stock Districts District distributed end of the beginning mon- procurement No. Qty. No. Qty. month of the thly scheme month alloc- ation ____________________________________________________________________________________ (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) ____________________________________________________________________________________ Rice: APL BPL Antyodaya __________________________________________________________________________________ Wheat: APL BPL Antyodaya __________________________________________________________________________________ Levy Sugar Edible Oil Kerosene F. Allocation / Distribution by the Fair Price Shops: (Quantity in quintals) Opening Quantity Quantity Total Quantity Closing stock with allocated received by quantity distributed by stock with Code Commodity Fair Price by Fair the Fair with Fair the Fair Fair Price Shops Price Shops Price Shops Price Price Shops Shops Shops ____________________________________________________________________________________ Rice: APL BLP Antyodaya ____________________________________________________________________________________ Wheat: APL BPL Antyodaya Levy Sugar Edible Oil Kerosene Form I {See Clause 5(5)} Andhra Pradesh State Public Distribution Control Order, 2001 Application for Issue of Authorisation to Run a Fair Price Shop 1. Name of the candidate (in capital letters) 2. Fathers Name 3. Address 4. Age and date of birth (Certificate to be enclosed) 5. Educational Qualifications. 6. Case (indicate whether he is SC or ST) 7. Whether he is Physically Handicapped (certificate be enclosed in case he is Physically Handicapped). 8. Whether the applicant is connected with any others business run either by himself or by any member of his family and if so give details. 9. Whether any member of the applicants family has been issued authorisation to run Fair Price Shop earlier and if so give details. 10. Whether any of his blood relation is working in Revenue/CS Dept/CS Corpn. and if so give details. 11. Village, Location, door number, where the applicant wants to run Fair Price Shop, if he is selected. 12. Whether he can raise sufficient funds to run Fair Price Shop with his own funds and if so give source or whether he needs institutional finance. 13. Whether he was convicted earlier for any offence under any Control Order issued by State/Centre under E.C. Act. 14. Amount, Challen Number and date through which fee for issue of authorisation/renewal of authorisation has been remitted. I have carefully read the conditions of authorisation under the Andhra Pradesh State Public Distribution Control Order, 2001 and I agree to abide by them. *(a) I have not previously applied for such authorisation in this district *(b) I applied for such authorisation in this district on and was not granted. *(c) I hereby apply for renewal of authorisation.........................................................and............................... which is enclosed. *(Strike off the Clauses not applicable) Signature of the Applicant Place : Date: Form - II [ See clause 5(5)] Form of Authorisation Government of Andhra Pradesh Authorisation issued to the Authorised Fair Price Shop or Stockist under clause (5) of Andhra Pradesh Public Distribution System Control Order, 2001. (Liable to be cancelled, if transferred) For authorised Fair Price Shop or Stockist Office of the Chief Rationing Officer, Hyderabad. Date : Authorisation No. Name and address of the Authorised Fair Price Shop (Business premises) Name of the dealer Name/Names of the owner or partners or Secretary or Manager (In case of Firm, Co-operative Society) or Company or Employees shop 1. Shri 2. Shri 3. Shri 4. Shri Address of the premises, where the dealer is permitted to stock or store scheduled commodities: (1) The said person is hereby approved as an Authorised Fair Price Shop-Keeper or stockist for the purpose of purchase, distribution and sale of Scheduled Commodities, which the State Government intends to supply or supplies to the public at the controlled prices. (2) The authoristion is valid for a period of two years ending 31st March. (3) The authorisation may be amended, suspended or cancelled during the period of its validity in accordance with the provisions of the Order. (4) (i) The holder of this authorisation shall maintain registers/records that may be prescribed from time to time by the Government/Appointing Authority/Commissioner of Civil Supplies/Collector/Chief Rationing Officer/Revenue Divisional Officer or the Assistant Supply Officer concerned; (ii) The holder of this authorisation shall complete his accounts for each day on the day to which they relate. (5) The Authorisation is valid for the period specified in it. The holder of the authorisation shall apply atleast one month before the expiry of the period of its validity period for renewal. It is open for the competent authority to refuse renewal of the authorisation if an application for its renewal is not made within the time allowed or after the expiry of period of validity. (6) The holder of this authorisation shall keep in the business premises mentioned in the authorisation all the records and books relating to the transactions of purchase, sale or storage for sale so as to make them readily available to the inspecting officers for check. (7) The holder of this authorisation shall sell commodities to the card-holders at the prices prescribed and supply such quantities of the commodities as may be directed by the Appointing Authority/Collector/Chief Rationing Officer/Assistant Supply Officer or the Mandal Revenue Officer or the Revenue Divisional Officer concerned. (8) The holder of this authorisation shall, whenever he supplies any commodity, make entries in the supply card of the consumer concerned indicating the extact quantity delivered and the date of delivery in the space provided in the supply card. (9) This authorisation should be displayed in a prominent place of the shop and produced for inspection when required by any authorised officer of the State Government. (10) This authorisation is not transferable. (11). The said person shall comply with any direction that may be given to him by the Appointing Authority/Collector/Revenue Divisional Officer/Mandal Revenue Officer/Assistant Supply Officer in regard to purchase, sale of storage for sale of Scheduled Commodities and in regard to the maintenance of accounts, keeping of the registers, returns and issue of receipts and such other matters. (12) Notwithstanding anything contained in his order, the dealer shall not have any absolute right for renewal of the authorisation and the competent authority may for reasons to be recorded in writing refuse to renew the authorisation. (13) The holder of this Authorisation shall not contravene the provisions of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 2001 or violate any conditions of the authorisation issued under the order or any other order relating to foodstuffs, sugar or edible oils or edible oilseeds or petroleum products issued under the Essential Commodities Act, 1955 (Central Act 10 of 1955) or any instructions, directions of orders issued under any such provisions. (14) The holder of this authorisation shall regularly repay any loan taken from any Bank for the purpose of running the fair price shop. (15) The holder of this authorisation shall not default any amount payable to the Government of the Andhra Pradesh State Civil Supplies Corporation Limited or any other Corporation or Agency appointed by the State Government towards the cost of essential commodities or charges of storage or transport of any other charges. (16) The holder of this authorisation shall work for a minimum period of five years unless suspended or cancelled by competent authority, Resignations etc., seeking to leave the dealership shall not be accepted within this minimum period of five years. Date: Appointing Authority. Validity Extended upto: 1. 2. 3. 4. 5. 6.
ANDHRA PRADESH SCHEDULED COMMODITIES (REGULATION OF DISTRIBUTION BY CARDS SYSTEM) ORDER, 1973
In exercise of the powers conferred by the Section 3 of the Essential Commodities Act. 1955 (Central Act 10 of 1955) read with the Order of Government of India, Ministry of Food and Agriculture Department of Food. No. G.S.R. 316 (E) dated 20th June, 1973 and the Order of the President of India, GSR No. 14 (E), dated, the 18th January, 1973 and with the prior concurrence of Central Government, the Governor of Andhra Pradesh hereby makes the following Order namely :-
Order 1 Short title, extent and commencement
(a) This Order may be called the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Cards System) Order, 1973.
(b) It extends to the whole of the State of Andhra Pradesh.
(c) It shall come into force from the date of publication in the Andhra Pradesh Gazette.
Order 2 Definitions
In this Order unless the context otherwise requires :
(a) Appointing Authority means District Supply Officer having jurisdiction over the area in respect of Hyderabad; District Supply Officer (City) having jurisdiction over the area in respect of Visakhapatnam City and the Revenue Divisional Officer or the Sub-Collector concerned in respect of other districts.
(aa) “Authorised Establishment” means a person incharge of an establishment authorised by or on behalf of the State Government under Clause 3 for the purpose of this Order.
(b) “Authorised fair price shop” means a retail dealer appointed or authorised or approved by or on behalf of the State Government and includes a shop set up by the State Government, a State Government undertaking or a Corporation wholly owned by the State Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme under Clause 3 for sale of all or any of the Scheduled Commodities.
EXPLANATION :- On the commencement of this Order, in any area, every dealer who was appointed, authorised or approved by or on behalf of the State Government, authorisation or approval was in force in respect of any of the Scheduled Commodities immediatly before such commencement, shall be deemed to be an authorised fair price shop in that area in respect of those commodities for the purpose of this Order, unless otherwise directed by the State Government the Collector concerned.
(c) “Collector” means the District Collector or the Joint Collector of the District or as the case may be, the Chief Rationing Officer, Hyderabad.
(d) “Establishment” means any catering establishment, residential establishment, manufacturing establishment, Mill, Industry, Animal establishment and any other establishment or class of establishment which the State Government or the Collector may declare an establishment for the purpose of this Order.
(e) “Establishment Consumption” means using up of scheduled commodities by an establishment for consumption on the premises of the establishment or elsewhere;
(ee) “Form” means the Form set forth in the schedule to this Order;
(eee) “Government Scheme” means a scheme formulated by the Government for distribution of essentaial commodities to consumers through fair price shops set up by the State Government, a State Government undertaking, or a Corporation wholly owned by the State Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes in this behalf;
(f) “Household Consumption” means consumption of scheduled commodities other than establishment consumption;
(ff) “Janatha Sets” means Sarees, Dhoties or other cloth supplies by the A.P. State Handloom Weavers Co-operative Society Limited (APCO) or A.P. State Textiles Development Corporation Limited (APTEX) ;
(g) “Scheduled Commodity” means any commodity specified in the schedule to this Order, which is supplied by the State Government or by an agency appointed by the State Government to any authorised fair price shop or establishment for issue to the consumers;
(h) “State Government” means the Government of the State of Andhra Pradesh;
(i) “Supply Card” means a household foodgrains card, sugar card or any other card, permit or other document issued or made available under the provisions of this Order for obtaining supplies of all or any of the scheduled commodities and any card, permit or other document issued by or on behalf of the State Government before the commencement of this Order in any areas and on which any of the scheduled commodites were obtainable immediately before such commencement, shall be deemed to be a supply card issued and made available in that area for obtaining those scheduled commodities under the provisions of this Order;
(j) “Supply Document” means a supply card, authorisation or any other document issued or made available or deemed to be issued or made available under the provisions of this Order for purchasing, selling or distribution of all or any of the scheduled commodities.
Order 3 Issue of authorisation to fari price shops and establishments
(1) With a view to controlling and ensuring proper distribution of scheduled commodities owned by the State Government, the appointing authority may issue authorisations to fair price shops owned by the State Government or any State Government undertaking or any public institution or persons including Women or Development of Women and Children in Rural Areas groups or registered Women’s Voluntary Consumer Organisations (which have only women as members), either wholly or partly, subject to such preferences and reservations as may be prescibred by Government from time to time in this regard, to obtain and supply scheduled commodities in accordance with the provisions of this Order.
Provided that the said authorisation shall cease to be valid when the Government undertake running of the authorised fair price shop either by themselves or through a Government undertaking or a Corporation wholly owned by the Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme.
Provided further that the State Government may, in the public interest, replace all or any of the fair price shop dealers and entrust the distribution through a shop set up by the State Government, a State Government undertaking or a Corporation wholly owned by the State Government or a Co-operative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme.
Provided also that any person dealing in the same commodities obtained otherwise than through Government for supply through Public Distribution System, either in his own name or in the name of any member of his family shall not be issued authorisation to fair price shop and the Commissioner of Civil Supplies or the Director of Civil Supplies or the Collector may also suo-motu in cases where the fair price shop dealer has also got a licence in his own name or in the name of any of his family members to deal in the same commodities obtained otherwise than through the Government for sale to consumers through Public Distribution System, cancel the authorisation.
[Provided also that every Fair Price Shop dealer should give an undertaking to the Appointing Authority concerned that he/she would relinquish the dealership if he/she is elected to any public office.
Provided also that any individual holding any office in public life, with or without remuneration, shall not be issued authorisation to Fair Price Shop.
Provided further that the authorisation of any existing Fair Shop deler shall cease to be valid in the event of election of such fair price sho p dealer to an office in public life, with or without remunereation. (The above three provisos are inserted and amended by G.O.Ms.No. 682 dt. 9-12-1996 and G.O.Ms.No.200 dt. 4-4-1997)
(2) Every authorised fair price shop dealer or Co-operative Socieity as the case may be, shall deposit with the State Government or the appointing authority or any person authorised in this behalf a sum of Rs. 2,000/- (Rupees two thousand only) in urban areas and Rs. 1,000/- (Rupees one thousand only) in rural areas as refundable trade deposit, in the shape of security deposit for the due performance of the conditions of the authorisation, and the sum so deposited or any part thereof may, without prejudice to any other penalty, after enquiry, and after giving a reasonable opportunity to the person to whom the authorisation is issued, of stating his case and also of being heard, and for reasons to be recorded in writing, be forfeited, by the State Government or the appointing authority for contravention of any of the provisions of this Order or any conditions of the authorisation issued thereunder. If as a result of any departmental action the sum deposited or any part thereof is forfeited, the authorised fair price shop shall forthwith pay to the State Government such amount as may be required to make up the prescribed sum to be deposited as security.
Provided that where a dealer of a fair price shop is exempted from payment of the security deposit under the above clause, the State Government or the appdointing authority may, in case of contravention of any of the conditions prescribed in the authorisation, after enquiry and for reasons to be recorded in writing, besides cancelling the said authorisation, impose penalty of a sum not exceeding the security deposit prescribed for authorised fair price shop in general.
Provided further that nothing in this clause shall apply to a shop run by the State Government or a State Government undertaking or a Corporation wholly owned by State Government under a Government Scheme.
(3) Any agreement executed by any authorised fair price shop for being appointed or approved and which was in force immediately before the commencement of this Order shall stand cancelled except as respects anything done or omitted to be done before such commencement and any sum deposited thereunder as security shall be deemed to be deposited with the State Government under sub-clause (2).
(4) The appointing authority may, at any time, whether at the request of the authorised fair price shop or authorised establishment or su-motu after making such enquiry as may be deemed necessary, and for reasons to be recorded in writing, add, to, amend, vary, suspend or cancel the authorisation issued or deemed to be issued to him under this clause. Notwithstanding anything contained in sub-clause (4) above, where a fair price shop dealer has been convicted by a court of law in respect of contravention of any Order made under Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) relating toi any of the commodities mentioned in the schedule to this Order,the appointing authority, shall, by order in writing cancel his authorisation.
Provided that where such conviction is set aside in an appeal or revision, the Appointing Authority may, on application in Form-I made by the person whose authorisation has been cancelled, re-issue the authorisation to such person.
(5)
(i) An application for issue/renewal of authorisation shall be made in Form-I, to this Order and every authorisation issued, re-issued or renewed under this Ordere shall be in the form of the Authorisation prescribed in Form-II to this Order.
(ii) Every application for renewal shall be made along with the authorisation, before expirty of the period of authorisation.
(iii) The authorisation may be renewed if the application for renewal is received within one month after the expirty of the period of its validity subject to payment of fee prescibred therefor. However, if an application for renewal of authorisation is not made within one month, after the expirty of its validity, the authorisation shall cease to be valid and the entire security deposit made under sub-clause (2) of clause 3 shall be forfeited.
Provided further that the validity of the authorisation shall not be deemed to have expired if an applicationfor its renewal as required under this sub-clause is pending before the Appointing Authority as the case may be.
(6) Period of authorisation and fees chargeable :-
(i) Every authorisaiton issued under this Order shall be valid for a period ending by 31st March, and shall be issued for a period of two years.
(ii) The fees payable for issue of an authorisation shall be Rs. 100/- and that for the renewal of an authorisation for two years shall be Rs. 100/-.
Provided that all those fair price shop dealers who are already appointed as dealers shall pay the fees as prescribed under this sub-clause and obtain fresh authorisations within the period of three months from the date of publication of this notification in the Andhra Pradesh Gazette.
[(iii)The fee payable shall be Rs.200/- if the application is received for renewal of authorisation within one month after the expiry of its validity.] (Inserted by G.O.Ms.No.40 dt. 5-3-1999)
(7) Duplicate authorisation :-
(i) If the Appointing Authority is satisfied that an authorisation is defaced, lost, destroyed or otherwise rendered useless, he may, on payment of a fee of Rs. 50/- issue a duplicate authorisation.
(ii) The fee paid under this sub-clause shall not be refundable.
Order 3A Suo-motu Review
The Chief Rationing Officer in respect of Hyderabad City or the District Collector elsewhere may either suo-motu or an application, may call for and examine the records under clause 3 of this Order relating to any order passed under sub-clause (2) or (4) for the purpose of satisfying himself as to the legality or propriety or adequacy of the punishment imposed and for reasons to be recorded in writing, add to, amend, revise or annual the orders passed by the Appointing Authority. Before passing final orders under this clause, the Chief Rationing Officer, in respect of the twin cities of Hyderabad and Secundereabad and District Collector, elsewhere shall give the Fair Price Shop dealer concerned an opportunity of making his representation and pass such order thereon as he may deem fit.
Order 4 Supply of scheduled commodities by authorised fair price shop or authorised establishment
No authorised fair price shop or authorised establishment shall sell or agree to sell or supply or agree to supply scheduled commodities to any person except for household consumption or for the purposes of an establishment other than establishment consumption, except at such prices as mayd be specified by the State Government in this behalf and except under and in accordance with the provisions of this Order.
Order 5 Powers to issue supply cards
(a) With a view to controlling the distribution of scheduled commodities the State Government or the Collector or Mandal Revenue Officer or Assistant Supply Officer may issue or cause to be issued supply cards to any person or class of persons or to the public generally;
Provided that no such card shall be delivered to any person unless such person or any adult member of his family to whom the document is tendered on his behalf signs in token of receipt of such document as required by the Officer delivering such document. An amount of Rs. 2/- per white house-hold supply card and Rs. 5/- per ink house-hold supply card shall be charged for issue of each fresh house-hold supply card.
(b) The State Government or the Collector or Mandal Revenue Officer or Assistant Supply Officer or any Officer authorised by the State Government or by the Collector may, at any time whether at the request of the person to whom any supply card has been issued or suo-motu, after making such enquirty as may be deemed necessary, add to, amend, vary, suspend or cancel such card. Where any such card is cancelled, any person in possession of it shall forthwith deliver the same to Government, the Collector or Mandal Revenue Officer or Assistant Supply Officer or authorised officer as the case may be.
Order 6 Power to make regulations
(1) The State Government may make regulations providing for the conditions subject to which scheduled commodities may be supplied or obtained for house-hold consumption, establishment consumption or for the purpose of an establishment other than establishment consumption or in connection threwith.
(2) Any regulations made under this clause shall have effect as if they were incorporated in this Order.
Provided further that nothing in the sub-clauses (1) and (2) above shall apply to a shop run by the State Government or a State Government Undertaking, or a Corporation wholly owned by the State Government.
Order 7 Availability of supply card
A supply card shall be available for lawful use only :-
(a) In respect of house-hold consumption for the person or persons included therein who is or are living and is or are in the local area for which it is issued.
(b) In respect of establishments;
(i) While the person incharge of the establishment is living and is in any such area, and
(ii) While the business of the establishment is carried on at the address specified on the card.
Explanation :- 1. The person incharge of an establishment shall be deemed to be in the local area, if he is not absent there from for a period exceeding four weeks at a time.
2. The business of the establishment shall be deemed to be carried on, if the establishment is not closed for a period exceedings seven days at a time.
Order 8 Supply documents to remain property of the State Government
Every supply document issued under this Order shall be the property of the State Government, but the person to whom it is issued or surrendered or with whom it is retained under the provisions of this Order shall, subject to the other provisions of the Order be entitled to its custody and be responsible for its safe custody.
Order 9 Replacement of defaced, lost or destroyed supply document
(i) If any supply document be defaced, lost or destroyed, the Collector or the Chief Rationing Officer or Mandal Revenue Officer or Assistant Supply Officer, as the case may be, shall after making such enquiry, as he may think fit, issue a new supply document in place thereof on paymebnt of Rs. 10/- in the case of duplicate pink card and Rs. 5/- in respect of duplicate white card.
Provided that no such fee shall be charged for the issue of any duplicate supply card, if the Collector or the authorised officer is satisfied that the original card was defaced, lost or destroyed on account of fire, flood or other natural calamity or is required to be produced in a Court or for purposes of evidence before any person holding an inquiry or is required to be retained for official correspondence or the duplicate supply card is required to be issued on account of some mistake on the part of the issuing office.
(ii) Every person to whom a new supply document has been issued shall, if he subsequently finds the lost document, forwith return the later document to the Collector or the authorised officer.
Order 10 Prohibition against transfer of supply documents
No person shall transfer to any other person a supply document issued to himself, and no person shall use or dispose of or obtain such document, except under and in accordance with the provisions of this Order.
Provided that no authorised fair price shop dealer shall keep in his possession any supply card or cards relating to any household or establishment, whether registered in his shop or not.
Order 11 Return of supply document by person in unauthorised possession thereof
Where any person is in possession of a supply document and such possession is not authorised by virtue of this Order, he shall forthwith deliver the same to the person in respect of whom it is issued or to the Mandal Revenue Officer or Assistant Supply Officer of the area in which he resides.
Order 12 Cancellation of supply card
In any case where any supply card or any entry or coupon thereon is required to be cancelled under or for the purposes of this Order, it shall not be deemed to be cancelled unless it shall have been effectively cancelled in ink (whether by means of a dye or stamp or stamps or otherwise) or by means of indelible pencil and shall upon such cancellation cease to be available for lawful use.
Order 13 Prohibition against apply for duplicate supply card etc.
No person shall
(a) dishonestly apply for or receive a supply card if he knows or has reason to believe that his name is already included in any other supply card issued to any house-hold.
(b) obtain a supply card by furnishing false information.
(c) without lawful authority alter or destroy a supply card issued to him.
Order 14 Power to enter premises, inspect, search and seize stocks of scheduled commodities, ask questions, require production of documents etc.
(1) Any officer or person authorised by the State Government or by the Collector or by the appointing authority or any officer of the Revenue or Civil Supplies Department not below the rank of Revenue Inspector of U.D. Cadre or any officer of the Vigilance Cell of Civil Supplies Department not below the rank of Sub-Inspector, may at all reasonable times, inspect any stocks of scheduled commodities supply documents or books, accounts or order documents pertaining to dealings in scheduled commodities and may for the purpose of such inspections;
(a) enter the premises of any establishment or shop provided that, in exercising the power of entryf, due regard shall be paid by such officer or person to the social and religious customs of the occupants of the premises;
(b) ask of any person all necessary questions;
(c) require the production of any document and take or cause ot be taken extracts from or copies of such documents; and
(d) take or cause to be taken the weight or measure of the scheduled commodities found in the premises.
(2) Every person when so required by such officer or person under sub-clause (1) shall allow access to premises, answer all questions to be best of his knowledge and belief, produce the documents in his possession and allow to take extracts there from, to make copeis there of or totake scheduled commodities found in the premises, to be taken.
(3) Such officer, may in the course of suchf inspection search for and seize any commodity in respect of which he has reason to believe that any provision made by this Order has been or is being contravened.
Order 14A Penalties for possessing cards, making false entries or diverting stocks
Not withstanding anything contained in this Order.
(a) if any fair price shop dealer is found to be in possession of supply card (s) or draws commodities by making false entries of card number(s) even though no such cardholder resides in the village/municipality as the case may be, such fair price shop dealer shall be required to pay loss to Government calculated as the difference between the market rate and Public Distribution System rate of all commodities supposed to have been supplied or drawn on such card(s) or entries, from the date of issue of authorisation to the fair price shop dealer concerned or from the date of issue of such household supply card, whichever is later;
(b) if any fair price shop dealer makes false entry or entries, in respect of card(s) held by person(s) residing in the village/municipality concerned, by fradulently showing to have supplied more quantities than the quantity actually supplied or diverts stocks to any person, but does not make any entry in the card, with a view to making fictitious entries subsequently or coverup the excess stocks already available with him, such dealer shall be required to pay loss to Government calculated as the difference between the market rate and Public Distribution System rate of the commodity actually delivered or covered by such false entry or entries worked backwards from the date of issue of authorisation to the fair price shop dealer concerned or from the date of issue of such household supply card, whichever is later;
(c) if any fair price shop dealer diverts stocks either wholly or partly, he/she shall be liable to pay as penalty three times the difference between the market rate and Public Distribution System rate of the commodity thus diverted.
Order 15 Surrender of supply documents and obligations to furnish certain particulars
Every authorised fair price shop or authorised establishment, as the case may be, shall when so required by the Mandal Revenue Officer or the Assistant Supply Officer concerned or by an Officer authorised by the State Government or the Collector, in this behald :-
(a) deliver to him all supply cards and other supply documents surrendered to him under or for the purpose of this Order; and
(b) furnish such particulars relating to his dealings in and stocks of scheduled commodities as may be required.
Order 16 Further conditions to be observed by the authorised fair price shop
(1) Every authorised fair price shop shall :
(a) be held responsible for all the acts of commission and ommission of his partners, agents, servants and other persons who are allowed to work in the shop;
(b) not sell scheduled commodities obtained from sources other than the State Government godown or any agency appointed by the Collector, except under and in accordance with the conditions if any, of the special permission granted by the Collector or any Officer authorised by him from time to time.
(c) always maintain adequate stocks of the scheduled commodities;
(d) take adequate measures to ensure that the scheduled commodites stored by him are maintained in good condition and that damage to them due to ground moisture, rain, insect, rodents, birds, fire and such other causes is avoided. Suitable dunnage shall be used where necessary to avoid damage from ground moisture. Fertiliers, insecticides and poisonous chemicals likely to contaminate shall not be stored along with the scheduled commodities in the same godown or shop or in immediate juxtaposition of such commodities. It shall further be ensured that at the time of sal,e the said commodities are in good condition.
(2) No authorised fair price shop shall, without reasonable cause stop the working of the shop abruptly or allow the shop to remain closed during working hours on any working day, without the prior approval of the appointing authority.
(3) Every authorised fair price shop intending to stop the business of supplying scheduled commodities shall give thirty days previous notice to the appointing authority to enable him to make alternative arrangements for supply scheduled commodities to supply to card holders allotted to the shop.
(4) The authorisation issued under this Order shall be liable for suspension of cancellation, as the case may be, for any contravention of the provisions of this Order or any instructions, directions, or orders issued by the Government or Commissioner of Civil Supplies or the Collector or Chief Rationing Officer or the Appointing Authority concerned.
Order 17 Appeal
(1) Any person aggrieved by any Order passed by the Appointing Authority under clause 3 may, within thirty days from the date of receipt by him/her of such order, appeal against such order, where it is passed by
(i) the Revenue Divisional Officer or the Sub-Collector or the District Supply Officer (city) having jurisdiction over the areas in respect of the Visakhapatnam city, to the Joint Collector in the Districts.
(ii) the District Supply Officer to the Chief Rationing Officer in Hyderabad District. In disposing of any appeal under this clause, the appellate authority may, after giving the party an opportunity of making his representation, pass such order thereon as that authority may deem fit.
(2) Pending disposal of an appeal, the appellate authority may direct that the order appealed against shall not take effect until the appeal is disposed of.
Order 18 Revision
(1) Any person aggrieved by an order under clause 17(1) (i) may, within thirty days from the date of communication to him/her of such an order, prefer a revision to the District Collector concerned.
(2) Any person aggrieved by an order under clause 17 (1) (ii) may, within thirty days from the date of communication to him/her of such an order, prefer a revision to the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad.
Provided that no order shall be passed under this clause unless the aggrieved person has been given a reasonable opportunity of representing his/her case. Pending disposal of the revision, the District Collector in the districts and the Commissioner of Civil Supplies in respect of Hyderabad District, may direct that the order under revision shall not have effect until the revision is disposed of.
SCHEDULE 1 SCHEDULE
SCHEDULE SCHEDULE 1
1. Rice (including paddy)
2. Wheat
3. Jowar
4. Bajra
5. Maize
6. Sugar
7. Pulses
Above items include Whole or borken or the flour products thereof.
8. Edible Oils
9. Kerosene
10. Janata Sets
11. Nationalised Text Books.
ANDHRA PRADESH SCHEDULED COMMODITIES DEALERS(LICENSING AND DISTRIBUTION) ORDER, 1982
In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the order of Government of India, Ministry of Agriculture (Department of Food) New Delhi, G.S.R. 452(E) dated 25th October, 1972 and G.S.R. 800, dated the 9th June, 1978 and all other powers hereunto enabling and with the prior concurrence of the Government of India, the Governor of Andhra Pradesh hereby rescinds the following Orders with immediate effect, namely :-
Order 1 Short title, extent and commencement
(1) This Order may be called the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on the date of publication of this Order in the Andhra Pradesh Gazette.
Order 2 Definitions
In this Order, unless the context otherwise requires.
A. Collector means the Collector of the district and includes the Joint Collector in the district and the Chief Rationing Officer in the twin cities of Hyderabad and Secunderabad.
B. Commission agent means the commission agent having, in the customary course of business as such agent, authority either to sell goods or to consign goods for the purposes of sale or to buy goods.
C. Commissioner means the Commissioner of Civil Supplies, Government of Andhra Pradesh and includes the Director of Civil Supplies, Government of Andhra Pradesh.
D. Dealer means :-
(i) In respect of Sugar :- A person engaged in the business of purchase, sale or storage for sale of sugar in quantities of five quintals at any one time, but does not include the undertaking which is engaged in the manufacture or production of sugar and which is registered or licensed under the Industries (Development and Regulation) Act, 1951 or a Khandasari unit licensed under the Khandasari Sugar Manufacturers Licensing Order, 1966.
Provided that bulk consumers of Sugar as defined in Sub-Clause (O) of this Clause who store more than five quintals of Sugar at any one time shall also be considered as dealers for the purpose of licensing under this Order.
(ii) In respect of foodgrains other than pulses :- A person engaged in the business of purchase, sale or storage for sale of any one of the foodgrains in quantity of twenty quintals or more at any one time, or in quantity of fifty quintals or more of all foodgrains taken together.
(iii) In respect of pulses :- a person engaged in the business of purchase, sale and storage for sale of any pulses exceeding ten quintals of all pulses taken together at any one time.
(iv) In respect of edible oilseeds and edible oils :- A person, who engages himself in the business of purchase, sale or storage for sale of edible oilseeds or edible oils in quantity of more than five quintals of any one or all edible oils including hydrogenated vegetable oils taken together or thirty quintals of any one or all edible oilseeds including groundnut in sheell taken together, and includes a manufacturer of edible oils, but does not include a person who store the oil seeds produced by his personal cultivation.
(v) {x x x} (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
E. Licensing authority means :-
(i) in relation to wholesalers, the District Supply Officer of the district concerned or such other Officer not below the rank of a Revenue Divisional Officer as the State Government may so appoint having jurisdiction over the place of business; and
(ii) in relation toretails in twin cities of Hyderabad and Secunderabad, Vijayawada and Visakhapatnam towns and also Rangareddy district in the area covered by urban agglomeration, the Assistant Supply Officer concerned and elsewhere the Mandal Revenue Officer or such other Officer not below the rank of Mandal Revenue Officer as the State Government may so appoint having jurisdiction over the place of business;
Provided that where a dealer applies for a Composite Licence for conducting both wholesale and retail business, the Licensing Authority empowered to grant wholesale licence shall also exercise the powers in respect of retail licence.
F. Producer in relation to edible oils means a person carrying on the business of expelling extracting or manufacturing or refining any edible oils :-
(i) by buying edible oilseeds for being processed by himself and selling the finished products through a wholesaler or through a commission agent, or
(ii) by doing any of the processes of extracting or manufacturing or refining on behalf of another.
G. Producer in relation to pulses means a person carrying on the business of milling any of the said pulses :-
(i) by buying pulses for being processed by himself and selling the finished products to a wholesaler or through a Commission agent; or
(ii) by doing any of the processes of milling or manufacturing on behalf of another.
H.
(i) Scheduled Commodities means any one or more of the commodities mentioned in Schedule-I to this Order including products thereof, other than husk and bran.
(ii)
(a) Edible Oil means any oil used for cooking for human consumption and includes hydrogenated vegatable oils other than coconut oil.
(b) Foodgrains means any one or more of the following foodgrains, including products of such foodgrains other than husk and bran.
(i) Paddy (rice in husk)
(ii) Rice (Husked)
{(ii-a) Wheat} (Inserted by G.O.Ms.No.78 dt. 29-10-1999)
(iii) Pulses including all grams such as Bengalgram, Redgram, Greengram, Blackgram both whoe and split.
(c) Sugar means any form of sugar containing more than 90% of sucrose including Sugar Candy, Khandasari Sugar or Bura Sugar, crushed sugar or any sugar in crystalline or powdered form.
(d) Levy or Controlled Sugar means any form of Sugar, including Khandasari Sugar containing more than 90% of sucrose, produced and controlled by Government and to be sold or distributed to such persons and at such price as may be specified by the Government from time to time.
(e) Free Market Sugar means any form of Sugar including Khandasari Sugar other than levy sugar containing more than 90% sucrose, released to the sugar mills for sale in the free market to the bulk consumers and commercial concerns.
(ee) {x x x} (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
I. State Government means the State Government of Andhra Pradesh.
J. Wholesaler means a dealer who sells goods to retailers or to bulk consumers.
K. Retailer means a dealer who sells goods to retailers or to bulk consumers.
L. Non-milling Wholesaler means a wholesaler possessing licence under this Order and not being a rice mill owner.
M. Owner in relation to a rice mill means the person who or the authority which has ultimate control over the affairs of the rice mill, and where the said affairs are entrusted to a Manager, Managing Director or a Managing Agent, such Managing Director or Managing Agent, shall be deemed to be owner of the rice mill concerned.
N. Trading Mill Wholesaler means a rice mill owner engaged in buying or selling paddy or rice and possessing a licence granted under this Order.
O. Bulk Consumer means a hotel, a restaurant, halwai, an educational institution with hostel facilities, a hospital or a regious or charitable institution, Cool Drinks Companies, Fruit Juice makers, Bakeries, Biscuit manufacturers, Confectionery manufacturing unit.
Order 3 Licensing of dealers
(1) No person shall carry on business as a dealer or a commission agent dealing in paddy, except under and in accordance with the terms and conditions of a licence issued in this behalf by the licensing authority;
Provided that a licence obtained under any of the relevant licensing Orders in force the date of coming into force of this Order shall be valid till the of its expiry and a fresh licence shall be obtained under this Order before expiry of the date of such licence.
Provided further that bulk consumers of sugar as defined in Sub-Clause (O) of clause 2 who store more than five quintals of sugar at any one time shall also be required to obtain licences under this Order.
(2) For the purpose of this clause, any person who stores in quantity of 5 (five) quintals or more of sugar, 20 (twenty) quintals or more of any of the foodgrains or 50 (fifty) quintals or more of all foodgrains taken together, more than 10 (ten) quintals of any one or more of pulses put together, more than 5 (five) quitals of any one or more of edible oils including hydrogenated vegetable oils or more than 30 (thirty) quitals of any one or more of oil seeds including groundnut in shell {x x x} put together, at any one time, shall unless the contrary is proved be deemed to be carrying on business as a dealer, or a commission agent dealing in paddy, under this Order.
Order 4 Issue and renewal of licence
(1) Every application for a licence or renewal thereof shall be made to the licensing authority in Form A as prescribed in Schedule-II to this Order.
(2) Every licence issued, re-issued or renewed under this Orders shall be in Form-B as prescribed in Schedule-II to this Order.
(3) Every application for renewal shall be made along with the licence before expirty of the period of licence.
(4) The Licence may be renewed if the application for renewal is received within one month after the expiry of the period of its validity {subject to payment of fee of Rs.150 for renewal of wholesale licences and Rs.50 for renewal of Retailers licence.} However, if an application for renewal of licence is made after one month, the licence shall cease to be valid and the entire security deposit made under Sub-clause (1) of Clause (6) shall be forfeited. (Words in Brackets Subs. by G.O.Ms.No. 97 dt. 14-11-2000)
Provided that where an application for issue of fresh licence has been received by the licensing authority and if the application is not rejected, or returned for valid reasons, within a month, the applicant can thereafter commence business and continue till such time his application for grant of licence is rejected.
Provided furterh that the validity of the licence shall not be deemed to have expired if an application for its renewal as required under sub-clause (3) above is pending before the licensing authority.
Order 5 Period of Licence and fee chargeable
(1) Every licence granted under this Order shall be valid for a period ending 31st March and may be issued or renewed for a period of one year or two years or three years at a time, as may be applied for.
(2) The fees specified below shall be chargeable in respect of licence (s) namely :-
1. LICENCE FEES
(a)Composite licence for all
Scheduled Commodities
Rs.Ps.
i) Wholesale and retail
2000.00
ii) Wholesale
1500.00
iii) Retail
100.00
(b) Foodgrains :
(i) Wholesale
500.00
(ii) Retail
100.00
(c) Edible oilseeds/edible oils :
(i) Wholesale
500.00
(ii) Retail
250.00
(d) Pulses :
(i) Wholesale
400.00
(ii)Retail
100.00
(e) Sugar
(i) Wholesale
300.00
(ii) Retail
200.00
(f) [x x x] (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
2. RENEWAL FEES - PER YEAR
(a)Composite licence for all
Scheduled Commodities
Rs.Ps.
i) Wholesale and retail
800.00
ii) Wholesale
600.00
iii) Retail
250.00
(b) Foodgrains :
(i) Wholesale
200.00
(ii) Retail
50.00
(c) Edible oilseeds/edible oils :
(i) Wholesale
200.00
(ii) Retail
100.00
(d) Pulses :
(i) Wholesale
200.00
(ii) Retail
100
(e) Sugar
(i) Wholesale
100.00
(ii) Retail
50.00
(f) [x x x] (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
3. DUPLICATE LICENCE FEES:
(a)Composite licence for all
Scheduled Commodities
Rs.Ps.
i) Wholesale and retail
700.00
ii) Wholesale
350.00
iii) Retail
200.00
(b) Foodgrains :
(i) Wholesale
150.00
(ii) Retail
50.00
(c) Edible oilseeds/edible oils :
(i) Wholesale
150.00
(ii) Retail
100.00
(d) Pulses :
(i) Wholesale
150.00
(ii) Retail
100
(e) Sugar
(i) Wholesale
100.00
(ii) Retail
50.00
(f) [x x x] (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
Provided that if the licence is applied within the first half of the year i.e., between the 1st April and the 30th September full fee shall be remitted for the year and in case the licence is applied for during the second half of the year i.e., on or after the 1st October and before the 31st March, 50% of the licence fee for that year shall be remitted.
(3) A separate licence shall be obtained by a dealer for each place of business except in respect of places of purchase.
(4) The holder of a licence may obtain from the licensing authority a duplicate of the licence issued to him if the original is lost, destroyed or defaced.
Order 6 Deposit of Security
(1) Every person applying for licence under this Order shall before such licence is issued has to deposit the following sums with the licensing authority for the due performance of the conditions subject to which the licence is granted.
Wholesale
Retail
Composite
Rs.
Rs.
Rs.
(i) Sugar
500
50
550
(ii) Foodgrains
250
50
300
(iii) Edible Oil Seeds and Edible Oils
100
50
150
Composite
850
150
1000
Subs. by G.O.Ms.1 dt. 5-1-2000)
Provided that nothing in this sub-clause shall apply to shop run by the State Government undertaking or a Corporation wholly owned by the State Government under a Government Scheme.
(2) The security may be in the shape of National Defence Certificates, National Savings Certificates and the like pledged, or cash deposited in Government treasury of the district concerned or cash guarantee, in favour of the licensing authority for due performance of the terms and conditions subject to which the licence is granted to him.
Provided that nothing contained in this clause shall apply to the Wholesale Consumers Cooperative Societies, Primary Cooperative Stores and the Gram Panchayats running fair price shops.
Order 7 Power to refuse to grant or renew licence
The licensing authority may after giving the dealer concerned an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew licence.
Order 8 Cancellation or suspension of a licence
(1) No holder of a licence issued under this order or his agent or servant or any person acting on his behalf shall contravene any of the terms or conditions of the licence, and if any such holder or his agent or servant or any person acting on his behalf contravenes any of the said terms or conditions, then without prejudice to any other action that may be taken against him, his licence may be cancelled or suspended by an order in writing of the licensing authority.
Provided that no order shall be made under this clasuse unless the licensee has been given reasonable opportunity of stating his case and being heard in person against the proposed cancellation or suspension:
Provided further that if any dealer possessing a licence for more than one scheduled commodity contravenes any of the provisions of this Order in respect of one scheduled commodity, the licence shall be cancelled or suspended in respect of that commodity only and the licence stands valid for the remaining scheduled commodities, if any.
(2) Notwithstanding any thing contained in sub-clause (1) above where a licensee has been convicted by a court of law in respect of contravention of any order made under Section 3 of the Essential Commodities Act, 1955. (Central Act 10 of 1985) relating to any of the commodities mentioned in Schedule-I to this Order, the licensing authority shall by order in writing cancel his licence.
Provided that where such conviction is set aside in any appeal or revision, the licensing authority may, on application, in Form- A by the person whose licence has been cancelled, re-issue the licence to such person.
Order 9 Forfeiture of Security Deposit
(1) Without prejudice to the provisions of sub-clause (4) of clause 4 and clause 8, if the licensing authority is satisfied that the licensee has contravened any of the conditions of the licence and that a forfeiture of the security is called for, the said authority may, after giving the licensee a reasonable opportunity of stating his case and being heard in person against the forfeiture, by order, forfeit, the whole or any part of the security deposit made by the licensee under sub-clause (1) of clause 6 of the order.
(2) Where the security deposit of a licensee or any portion thereof is forfeited, the licensee shall depoist the amount so forfeited : (i) Where no appeal against the order of forfeiture has been filed within thirty days from the date on which the order was communicated to him, or (ii) Where an appeal against such order has been filed and dismissed, within seven days of the dismissal of appeal.
(3) Upon due compliance by the licensee with all obligations under the licence, the amount of security or such part thereof, which is not forfeited as aforesaid, shall be returned to the licensee after the termination of the licence.
Order 10 Disposal of stock when licence is cancelled or suspended
When licence issued under this Order is cancelled or suspended, the stocks of that scheduled commodity available with the licensee in respect of which contravention has taken place, shall be disposed of in accordance with the directions of the licensing authority.
Order 11 Restriction on possession of scheduled commodities
No licensee shall either by himself or by any person on his behalf, store or have in his possession at any time the commodities in excess of thequantities specified below :
(i) Sugar :
(i) Sugar :
Wholesaler
Retailer
Qutls.
Qutls.
(a) In cities and towns with a population of one lakh or more
1000
20
(b) In other areas with a population of less than one lakh.
1000
10
(c) Khandasari (Open pan sugar) (any where in the State)
1000
20
Provided that the above stock limits shall not apply to the holding or keeping of stock of sugar or khandasari
(i) on Government account; or
(ii) by the recognised dealers nominated by a State Government or an officer authorised by it to hold stock for distribution through fair price shops; or
(iii) by the Food Corporation of India.
Provided further that the aforesaid stock holding limit/turn over period of stock shall not apply to sugar imported under Open General Licence.
(ii) Pulses (All pulses taken together)
Wholesaler
Retailer
Qutls.
Qutls.
(a) Category A City (Hyderabad)
(with population of 10 lakhs and more)
2000
50
(b) Category B Cities (Visakhapatnam, Vijayawada, Guntur and Warangal)
(with population of 3 lakhs and more but less than 10 lakhs.)
1000
40
(c) Category C other areas
(with a population of below 3 lakhs)
1000
40
(d)[x x x] (Omitted by G.O.Ms.No.1 dt. 5-1-2000)
Provided that the stock limits specified for a wholesaler in Category A Cities shall apply to a wholesaler in such primary mandi is situated in other categories of Cities as the State Government may, having regard to the location of such mandies or other relevant factors, from time to time, specify;
Provided further that where a dealer is also carrying on business as a producer or commission agent, he shall be entitled to retain the stock limits specified in this sub-clause for each such business if such business and accounts thereof are kept separate and distinct from one another.
Provided also that no producer specified in column (1) of the Table below shall store or have in his possession at any time unmilled pulses as the case may be in excess of the quantitity specified in the corresponding entry in column (2) of the said Table, and he shall not hold the stock of milled pulses in excess of the quantity specified in the corresponding entry in column (3) of said table.
TABLE
Producer
Quantity of unmilled pulses
Quantity of stock of milled pulses
(1)
(2)
(3)
Producer who is carrying on business on the commencement of this Order
Producer who has commenced production after the commencement of this Order.
Producer who is carrying on business on the commencement of this Order
Producer who has commenced production after the commencement of this Order.
Producer
of pulses
One-Twelfth of the maximum quantity of pulses used by him in any of the three years ending on the 31st day of October, 1982.
For a period of one year from the date of commencement of his production one-twelfth of the quantity of pulses that would be required for producing a quantity equal to his annual installed capacity. For the second year and third year of his production, one twelfth of the quantity of pulses that would be required for producing a quantity equal to his annual installed capacity and thereafter one twelfth of the maximum of pulses used by him in any of the three years immediately after commencement of his production.
One-twenty fourth of his maximum production in any of the three years ending on 31st day of October, 1982.
For a period of one year from the date of commencement of his production, one twenty fourth of the quantity equal to his annual installed capacity. For the second year and third year of his production 1/24th of the quantity of pulses that would be required for producing a quantity equal to his annual installed capacity and thereafter one twenty-fourth of the maximum quantity of the pulses used by him in any of the three years immediately after the commencement of his production.]
(Proviso along with table inserted by G.O.Ms.No 37 dt. 17-4-1998)
(iii) Edible Oil Seeds & Edible Oils : [x x x] (Omitted by G.O.Ms.No.6 dt. 4-2-1998)
(iv) Wheat
(a) Wholesalers (other than Roll Floor Mills)
250 Qtls.
(b) Roller Floor Mills
One month's grinding capacity
(c) Retailers
20 Qtls.
Cl. (iv) inserted by G.O.Ms.No. 962 dt. 17-12-1996)
(v) Wheat Products
Stock Limit
(a) Biscuits manufactured with
production capacity of
(i) 10,000 quintals and above
3,750 Qtls.
(ii) 8,000 quintals and above upto 10,000 quintals
3,000 Qtls.
(iii) 6,000 quintals and upto 8,000 quintals
2,250 Qtls.
(iv) Below 6,000 quintals
1,500 Qtls.
(b) Dealers in Packed Atta
Stock Limit
Hyderabad
2,000 Qtls.
Vijayawada
1,000 Qtls.
In other places
250 Qtls.
(Cl.(iv) inserted by G.O.Ms.No.186 dt. 2-4-1997)
Order 12 Power to issue directions
(1) The Government, the Commissioner, the Collector or the licensing authority may issue instructions or directions on all matters, covered by the provisions of this Order and all dealers shall comply with the same.
(2) Without prejudice to the generality of the foregoing power such directions may be issued to any dealer that all or any of the commodities mentioned in Schedule-I to this Order may be sold to only such persons or institutions, in such quantities and at such intervals as the Commissioner, Collector or the licensing authority may by general or special order, direct.
Order 13 Directions to convert Edible Oil Seeds into Edible Oils
The Government, the Commissioner, the Collector or the licensing authority may, if considered necessary, direct that a dealer shall convert wholly or partly, edible oil seeds stored or held by him for the purpose of conversion into edible oils within a reasonable period.
Order 14 Licensee not to purchase scheduled commodities at prices lower than the notified procurement price from farmers
(i) Any person who holds a licence under this Order, or his agent or servant or any other person acting on his behalf and transacting business by purchasing scheduled commodities shall not purchase the scheduled commodities of fair average quality specifications at a price lower than the price notified, if any, by the State Government or the Central Government.
(ii) Every purchaser under clause 14(i) shall cause to be taken and sealed in the presence of the Producer/Agriculturist, two representative sample packets and handover one sample packet to the Producer/Agriculturist and retain the other with him. He shall also issue a receipt to the Producer/Agriculturist showing the variety of the paddy, quantity, price per quintal and total amount paid and keep one copy of the receipt with him.
Order 15 Licensee not to sell scheduled commodities at prices higher than maximum prices fixed
The licensee shall not sell the scheduled commodities at a price higher than the maximum price, if any, fixed therefor, from time to time by the Central Government or by the State Government under any law for the time being in force.
Order 16 Appeal
(1) Any person aggrieved by an order of the licensing authority refusing to issue, re-issue or renew a licence or cancelling or suspending a licence or forfeiting the security deposit under the provisions of this Order, may within thirty days of the date of receipt by him of the Order, appeal :-
(a) to the Joint Collector if such order is that of the District Supply Officer or the Tahsildar in districts;
(b) to the Chief Rationing Officer if such order is that of District Supply Officer (City) or Assistant Supply Officer, in respect of twin-cities of Hyderabad and Secunderabad.
Provided that in case of cancellation of a licence by the licensing authority on the ground of conviction by a Court of Law no appeal against such cancellation shall lie to the Appellate Authority.
(2) No order shall be passed in appeal unless the aggrieved person has been given an opportunity of stating his case in writing and being heard in person.
(3) Pending the disposal of an appeal, the appellate authority may direct that the order refusing to renew a licence or the order cancelling or suspending a licence shall not take effect, unitl the appeal is disposed.
Order 17 Revision
(1) The State Government may on their own motion or on an application made to them calle for and examine the record of the subordinate officers to satisfy themselves, as to the regularity of such proceeding, or correctness, legality or propriety of any decision passed or made therein and if in any case it appear to the Government that any such decision or order should be modified, annulled or remitted for reconsideration, they may pass orders accordingly.
(2) No order Prejudicial to any person shall be passed under sub-clause (1) above, unless such person has been given an opportunity of making his representations.
(3) The State Government may direct that the order refusing to renew a licence or the order cancelling or suspending a licence shall not take effect until the revision is disposed of.
Order 18 Powers of entry, search, seizure etc
(1) The licensing authority or any other officer of the Revenue Department not below the rank of Revenue Inspector of U.D. Cadre or any Commercial Tax Inspector of any Officer of the Civil Supplies Department not below the rank of an Inspector of U.D. Cadre or any Officer of the Police Department not below the rank of a Sub-Inspector in his respective jurisdiction may 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 or of the conditions of the licence issued thereunder has been, is being, or is about to be committed, to produce any books, accounts or other documents showing transactions relating to such contraventions.
(b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of the licence issued thereunder has been, is being or is about to be committed.
(c) seize any books of accounts and documents which in the option of the licensing authority or as the case may be, the authorised officer, would be useful for or relevant to any proceedings under this Order and return such books of accounts and documents within three months from the date of such seizure to the person from whom they were seized after taking or causing to be taken extracts from or copies thereof as certified by the person in form D .
(d) search, seize and remove stocks of all or any of the commodities mentioned in Schedule-I to this order in respect of which contravention has taken place; and the animals, vehicles, vessesls, or other conveyance used in carrying the said commodity in contravention of the provisions of this Order or of the conditions of the licence issued thereunder and thereafter take or authorise the taking of all measures necessary for securing the production of stocks of commodities and the animals, vehicles, vessels or other conveyance so seized before the Collector and for their safe custody pending such production.
(2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) regarding search and seizure shall, so far as may be, apply to searches and seizures under this clause.
Order 19 Savings
Nothing in this Order shall apply to:-
(i) the purchase, sale or storage for sale of commodities mentioned in the Schedule-I to this Order on Government account and by the Food Corporation of India and the Andhra Pradesh State Civil Supplies Corporation, the Girijan Cooperative Corporation and Gujarat Cooperative Milk Marketing Federation Limited.
(ii) the sale by banks of stocks hypothecated to them provided that the commodity is sold in accordance with the terms and conditions applicable to the hypothecators.
Order 20 Power to Exempt
The State Government may, if it considers it necessary for avoiding any hardship or for any other just and sufficient reason, by notification, in the Official Gazette, exempt any producer, dealer or commission agent from the operation of all or any of the provisions of this Order, either generally or for any specified period, subject to such conditions as may be specified in the notification.
Provided that no notification under this clause shall be issued except with the previous approval of the Central Government.
SCHEDULE 1 Schedule
Schedule Schedule - I
[See Clause 2 (h)]
1. Edible Oil seeds and Edible oils
2. Foodgrains
3. Sugar
4. [x x x] (Omitted by G.O.Ms.1 dt. 5-1-2000)
SCHEDULE 2 Schedule
Form 1 FORMS
FORMS
Schedule II
FORMS
(Omitted)
ANDHRA PRADESH PETROLEUM PRODUCTS (LICENSING AND REGULATION OF SUPPLIES) ORDER, 1980
Whereas the State Government are of the opinion that for maintaining the supplies of the petroleum products and for securing their equitable distribution at reasonable prices it is necessary and expedient to provide for the licensing of trade and regulation of supplies of the petroleum products. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the notification of the Government of India, Ministry of Industry and Civil Supplies dated the 30th November, 1974, and with the prior concurrence of Government of India, the Governor of Andhra Pradesh hereby makes the following Order, namely:-
Order 1 Short title, extent and commencement
(i) This order may be called the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980.
(ii) It extends to the whole of the State of Andhra Pradesh.
(iii) It shall come into force on 1st November, 1980.
Order 2 Definitions
In this order unless the context otherwise requires:-
(a) Petroleum Products means Kerosene, Motor-Spirit, High Speed Diesel Oil, Light Diesel Oil, Liquefied Petroleum Gas and Bitumen.
(b) Kerosene , Motor Spirit and Diesel Oil shall have the meanings assigned to them in the first schedule of the Central Excise and Salt Act, 1944 (Act 1 of 1944).
(c) Liquefied Petroleum Gas means one of the petroleum products used as fuel.
(d) Government means the Government of Andhra Pradesh.
(e) Commissioner means the Commissioner of Civil Supplies and includes the Director of Civil Supplies.
(f) Collector means the District Collector or the Joint Collector of the District and the Chief Rationing Officer, Hyderabad so far as twin-cities of Hyderabad and Secunderabad are concerned.
(g) Dealer means a person engaged in the business of purchase, sale or storage, for sale of the petroleum products and includes his representative, agent and servants or any other person acting on his behalf and also a hawker but does not include an Oil Company.
(h) form means a form appended to this Order.
(i) Oil Company means any oil company specified below:
(i) Indian Oil Corporation Limited,
(ii) Bharat Petroleum Corporation Limited,
(iii) Hindustan Petroleum Corporation Limited,
(iv) The Indo-Burma Petroleum Company Limited,
(v) Domestic Gas Private Limited.
(j) Licensing Authority means the Collector or any other Officer authorised by the Collector to this behalf.
(k) Supply Card means any card, permit coupon or document issued under the provisions of this Order for obtaining supplies of the petroleum products.
(l) Whole-saler means a person who obtains petroleum products from an oil company or another wholesaler for sale to retailers.
(m) Retailer means a person who obtains petroleum products from the wholesaler or an oil company for sale to the general public. (n) Hawker means a person who carries kerosene only and not any other petroleum products from place to place, for sale in small quantities not exceeding two hundred litres at a time and who shall sell kerosene not exceeding ten liters per person.
Order 3 Licensing of Dealer
(1) No person shall carry on the business of the petroleum products except under and in accordance with the terms and conditions of a licence issued in this behalf by the licensing authority. Provided that any person who is doing business as a dealer at the commencement of this Order may obtain the licence before the 1st February, 1981.
Provided further that the wholesale and its retail licences obtained in respect of kerosene under the A.P. Kerosene (Licensing and Distribution) Order, 1965 shall be valid upto 31st March, 1981 and a fresh licence shall be obtained under this Order before the 31st March, 1981.
Provided also that no person dealing in Motor Spirit, High Speed Diesel and Light Diesel Oil shall be granted licence to deal in Kerosene.
(2) A dealer shall be required to have a separate licence for each place of his business.
(3) For the purpose of this clause any person who stores kerosene in any quantity exceeding a hecto litre (100 litres) or 200 litres or more of High Speed Diesel Oil/Light Diesel Oil or LP Gas in excess of 7 Cylinders of 14.2 Kg., each at any one time shall unless the contrary is proved, be deemed to store the Kerosene or High Speed Diesel Oil, Light Diesel Oil or LP Gas for the purpose of sale as a dealer.
(4) The State and Central Government Departments and their undertakings are exempted from obtaining licences for storing LP Gas in excess of 7 cylinders of 14.2 Kgs., each.
Order 4 Issue of Licence
(1) Every application for issue or reissue of a licence or renewal thereof shall be made to the licensing authority in Form A .
(2) Every licence issued, re-issued or renewed under this order shall be in Form B in respect of a wholesale or retail dealer and in Form BB in respect of a hawker.
Order 5 Period of Licence and fees chargeable
(1) Every licence granted under this Order shall be valid for a period ending the 31st December of the year in which it is granted and may be renewed for a period of one year of for a period of three years at a time, if an application for the renewal of a licence for a period of one year or three years, as the case may be, is made before the expiry of the period of its validity. (1.A) The licence may be renewed if the application for renewal is received within one month after the expiry of the period of its validity subject to payment of the fee prescribed therefor.
(2) The holder of a licence may obtain from the licensing authority a duplicate of the licence issued to him if the original is lost, destroyed or defaced.
(3) The fees specified below shall be chargeable in respect of each item viz.
1. Licence Fees:
Rs.
(a) Liquefied petroleum Gas
500-00
(b) Petrol and Diesel or any one commodity
1, 000-00
(c) Kerosene:
(i) Wholesale
500-00
(ii) Retail
100-00
2. Renewal Fees (per Year):
(a) Liquefied Petroleum Gas
200-00
(b) Petrol and diesel or any one commodity
500-00
(c) Kerosene:
(i) Wholesale
200-00
(ii) Retail
50-00
3. Fees for issue of Duplicate licence:-
(a) Liquefied Petroleum Gas
200-00
(b) Petrol and Diesel (or) any one Commodity
200-00
(c) Kerosene:
(i) Wholesale
100-00
(ii) Retail
50-00
Order 6 Deposit of Security
(1) Every dealer (other than Kerosene dealer) applying for licence shall, before such licence is issued to him, deposit with the licensing authority in cash or in National Savings Certificates, for the due performance of the conditions of the licence issued to him a sum of Rs.500/-.
(2) Every dealer applying for a Kerosene licence shall, before-such licence is issued to him deposit with the licensing authority in cash or in National Savings Certificates for the due performance of the conditions of the licence issued to him a sum shown below.
Rs. Ps.
(1) Wholesaler
250-00
(2) Retailer
25-00
(3) Hawker
15-00
Provided that the dealers belonging to Scheduled Castes/Scheduled Tribes, Physically/Mentally Handicapped are exempted from the payment of the deposit as required under items (1) and (2) above. Provided further that nothing in the sub-clauses (1) and (2) above shall apply to a shop run by the State Government, a State Government Undertaking or a Corporation wholly owned by the State Government.
Order 7 Powers to refuse Licence
The licensing authority may, after giving the dealer concerned an opportunity to represent his case and for reasons to be recorded in writing, refuse to grant or renew a licence.
Order 8 Registration of Carriers of Petroleum Products
(1) Every owner of the carrier of the petroleum products shall obtain registration certificate in Form F in respect of each vehicle owned by him or intended to be used for the purpose of transporting the petroleum products from the licensing authority.
Provided that this clause shall not apply in respect of vehicles owned by oil companies and hawkers.
(2) The owners of all existing carriers of the petroleum products shall obtain a registration certificate within 30 days from the date of issue of this Order.
(3) All petroleum carrying tanks, lorries are prohibited from carrying edible oils.
Order 9 Issue of Registration Certificates for carriers
Every application for issue or reissue or renewal of a Registration Certificate shall be in Form E .
Order 10 Period of Registration Certificate and Fees chargeable
(1) Every Registration Certificate granted under this Order for the carriers shall be valid with effect from the date on which it is issued upto the last day of financial year and may be renewed for a period of one year at a time if an application for the renewal of the certificate is made so as to reach the licensing authority on or before the expiry period of its validy.
(2) The fee to be charged shall be:
(i) for issue of Registration Certificate - Rs.5
(ii) for renewal of Registration Certificate - Rs.2
(iii) for issue of duplicate Registration Certificate - Rs. 10
(3) The owner of a carrier may obtain Registration Certificate for a period of 3 years by paying the required fee and renewal fee.
Order 11 Security Deposit by Carriers
Every owner of the carrier before applying for Registration Certificate shall deposit with the Collector a sum of Rs. 1,000/- for each carrier in the shape of cash or National Savings Certificates for the due performance of the conditions of the Certificate:--
Order 12
(1) Maintenance of accounts and supplies by Dealers:-
(i) Every dealer shall take all reasonable steps to ensure that he has adequate stocks of the petroleum products at his business premises at all times, subject to availability of the product.
(ii) Every dealer shall maintain true and correct accounts of all purchase and sales of the petroleum products.
(iii) No dealer shall act in any manner prejudicial to the maintenance of supplies of the petroleum products in the State of Andhra Pradesh.
(iv) Every wholesale dealer in kerosene shall also take all reasonable steps to lift kerosene as allotted by the Collector or the officer authorised by him and keep adequate quantity at his business premises at all time s for release to the dealers and others as per the allotment orders of the Collector or the officer authorised by him.
Provided that the Inspecting Officer shall take into consideration any restriction/reservation of product authorised by the Government while checking the available stocks.
(2) Submission of Monthly Returns: The licensee shall except when specifically exempted by the Government or by an officer authorised by the Government in this behalf, submit to the licensing authority concerned, a return in form C of the stocks, receipts; sales and delivers of the petroleum products and balance every month so as to reach him within five days after the close of the month or as often as may be specified by the licensing authority from time to time.
Order 13 Dealer not to sell petroleum products at Prices Higher than the prices fixed
No dealer shall sell the petroleum products at a price higher than the prices fixed, from time to time, by the Central Government or by the Government or recommended by the Oil Companies.
Provided that no charge shall be levied for supply of air and water.
Order 14 Power to issue supply cards
(1) The Government, the Commissioner or the Collector may issue or cause to issue supply cards to any person or class of persons or to the public generally, in form G(A) or G(B) as the case may be:
Provided that no such supply card for High Speed Diesel Oil/LSD shall be issued to any person unless such person or any adult member of his family files before the Collector or any Officer authorised by Collector in this behalf an application in Form D duly furnishing a declaration as prescribed therein:
Provided further that where any person obtains supply card as aforesaid by filing false declaration, he shall forfeit the right to receive the supply of petroleum products besides being liable for prosecution.
(2) The Government or the Collector or any Officer authorised by the Government or by the Collector, may at any time, whether at the request of the person to whom any supply card has been issued or, suo motu, after making such enquiry as may be deemed necessary add to, amend, vary, suspend or cancel such supply card. Where any such card is cancelled any person in possession of it shall forthwith deliver the same to the Government, the Collector or Authorised Officer, as the case may be.
Order 16 Replacement of defaced, lost or destroyed supply card
(1) If a supply card is defaced, the Collector or any Officer authorised by the Collector, may after making such enquiry as he may think fit, issue a new supply card in place thereof on payment of a fee of rupees two.
Provided that no such fee shall be charged for the issue of any duplicate supply card, if the Collector or the authorised officer is satisfied that the original card was defaced, lost or destroyed on account of fire, flood or other natural calamity or is required to be produced in a Court or for purposes of evidence before any person holding an enquiry or is required to be retained for official correspondence or the duplicate supply card is required to be issued on account of some mistake on the part of the issuing office.
(2) Every person to whom a new supply card has been issued shall, if he subsequently finds the lost supply card, forthwith return the latter card to the Collector or the authorised Officer.
Order 17 Prohibition against transfer of Supply Card
No person shall transfer to any other person a supply card issued to himself, and no person shall use or dispose of or obtain such card, except under and in accordance with the provisions of this order.
Order 18 Return of Supply Card by a person in unauthorised possession thereof
Where any person is in possession of a supply card and such possession is not authorised by virtue of this Order, he shall forth with deliver the same to the person in respect of whom it is issued or to the Tahsildar or Deputy Tahsildar or Assistant Supply Officer of the area in which he resides.
Order 19 Prohibition against applying for Duplicate Supply Card, etc
No person shall:--
(a) dishonestly apply for or receive a supply card if he knows or has reason to believe that such supply card has already been issued or his name is already included in any other supply card;
(b) obtain a supply card by furnishing false information;
(c) without lawful authority alter or destroy a supply card issued to him;
Order 20 Display of working hours, stock and price by dealers
(1) Every dealer shall display a board at a conspicuous place of his business premises, showing the:--
(i) registration number,
(ii) working hours;
(iii) Weekly holiday;
(iv) opening balance of the petroleum products on the day;
(v) the quantity of the petroleum products received during the day with the time of arrival;
(vi) time when the stock of the petroleum products is exhausted;
(vii) Price of the petroleum products per litre.
Explanation:- In regard to check for the actual stock, inspecting officers will be guided by allowances to be made for calculation error and operational losses as may be prescribed by the oil companies.
(2) Subject to clause 21, notwithstanding anything contained in any provision of law for the time being in force, no dealer shall keep his business premises closed during working hours on any day.
(3) Any change in working hours shall be made only with the prior permission of the licensing authority.
Order 21 Weekly Holiday of Dealers
It shall be open to dealer to close his place of business either on Friday or Sunday of his choice in the week, with prior permission of the Collector.
Order 22 Restriction on possession of petroleum products by a person other than a Licensee
Any person other than an oil company or a dealer shall not have in his ownership, possession or control of petroleum products excepts in accordance with permit given to him by the licensing authority or an officer authorised by him in this behalf;
Provided that this restriction shall not apply to the petroleum in a tank fixed permanently to a Motor Vehicle or in a can as provided in the proviso to clause 23.
Order 23 Petroleum Products to be delivered only into a Motor Vehicle or against a supply Card
(1) It shall not be lawful for any dealer to supply or any person to receive petroleum products except unless the person receiving the petroleum products has a supply card issued by the licensing authority or an officer authorised by him in this behalf.
Provided that the Government or the Commissioner or the licensing authority may, from time to time, exempt any person or class of persons from the provisions of this clause and in that case, it will be lawful for the dealer to supply the petroleum products to the consumers without supply card as per the instructions of the Government or the Commissioner or the licensing authority;
Provided that in an emergency to help stranded motor vehicle, a supply not exceeding 5 (five) litres may be made.
Provided further that to facilitate bona fide agriculturist, the dealers may issue petrol not exceeding 5 (five) litres in cans for operating petrol operated insecticide sprayers.
(2) The quantity of the petroleum products to be supplied to any person or a class of persons shall be subject to such restrictions as may be notified form time to time by the Commissioner or the Collector of the district concerned.
Order 24 Dealer or trader not to refuse to sell petroleum products
No dealer or trader shall refuse to sell the petroleum products available in his premises unless such sale is in contravention of this Order or the instructions of the Commissioner or the Collector. In respect of wholesale dealers in kerosene they shall sell kerosene supplied by the Oil Companies as per the allotment made by the Collector or the officer authorised by him or the Commissioner of Civil Supplies or the Officer authorised by him. The retail dealers namely, the nominated retailers, fair price shop dealers and hawkers shall sell kerosene meant for Public Distribution System on Household Supply Cards and others authorised by the Commissioner of Civil Supplies or the Collector or the officer authorised by him at the rates and scales prescribed by the Collector or the officer authorised by him.
Order 25 Quality of Petroleum Products sold
The quality of Petroleum Products sold by a dealer shall be as supplied by the oil Companies. Provided that the samples drawn, if any, shall be tested only on the Oil Companies.
Order 26 No Transport of Petroleum Products with out Invoice of Companies
(1) No dealer or carrier of the Petroleum Products shall transport the petroleum products in a tank or lorry or any place in the State or outside the State without an invoice an invoice of sale issued by an oil company showing the depot from which the petroleum product has been issued, the quantity the price charged and the destination.
Provided that the Divisional Manager of the oil company concerned may direct the supplies from one dealer to another dealer for sufficient reasons. But the same will be informed to the licensing authority immediately.
Explanation:- This will not apply stock transfers by oil company.
(2) Subject to proviso to clause 23, no person shall transport the petroleum products in cans or in barrels or in any other container except in accordance with an invoice of sale issued by an oil company by a dealer or in accordance with a permit issued the Collector or an Officer authorised by him in this behalf.
Order 27 Power of Government or Commissioner of Civil Supplies or Collector to issue Directions
(1) In the interest of ensuring fair and equitable distribution of the petroleum products it shall be lawful for the Commissioner or Collector to issue directions to dealers, traders, owners of oil tankers and consumer outlet owners.
(2) It shall be lawful for the Commissioner or Collector in the interest of ensuring fair and equitable distribution of the petroleum products to issue directions to oil companies in accordance with this Order and the Essential Commodities Act, 1955 and in consonance with the general instructions of the Government of India to the Oil Companies.
(3) Without affecting the generality of sub-clauses (1) and (2) such directions may provide for:
(a) ceiling for supply of the petroleum products to different dealers, classes of vehicles and different categories of consumers.
(b) regulating the system of issue of permits for petroleum products.
Order 28 Contravention of Conditions of Licence/Registration Certificate/Supply Card/Provisions of this Order
(1) No holder of licence or registration certificate or supply card issued under this order or his agent or servant or any other person acting on his behalf shall contravene, attempt or abet the contravention of any of the provisions of this Order or any of the conditions of the licence, registration certificate or any directions issued thereunder. If any such holder or his agent or his servant or any person acting on his behalf contravenes any of the said terms or conditions, his licence or registration certificate or supply card may be cancelled or suspended for such period as may be specified by an order in writing by the licensing authority:
Provided that no order shall be made under this clause unless the licensee or the holder of registration certificate has been given a reasonable opportunity for representing his case in writing and also having heard in person against the proposed cancellation.
(2) Pending action as in sub-clause (1) above, the licensing authority, for reasons to be recorded in writing, order an interim suspension of the licence, registration certificate or supply card.
Order 29 Cancellation of licence or Registration Certificate or Supply Card in certain other cases
(1) Notwithstanding any thing contained in Clause 28 where a licensee or holder of a registration certificate or supply card has been convicted a Court of Law in respect of any of the provisions of the Essential Commodities Act, 1955 (Central Act, 10 of 1955) the licensing authority may by order in writing cancel his licence or certificate or supply card issued under this Order.
(2) Pending action as in sub-clause (1) above, the licensing authority may, for reasons to be recorded in writing, order an interim suspension of the licence, registration certificate or supply card for the duration of the proceeding in the Court.
Provided that where such conviction is set aside in appeal or revision, the licensing authority shall, on application by the person whose licence or registration certificate or supply card has been cancelled, re-issue the licence or registration certificate or supply card to such person.
Order 30 Forfeiture of Security Deposit
(1) Without prejudice to the provisions of Clause 28, if the licensing authority is satisfied that the licensee or the holder of a registration certificate has contravened any of the conditions of the licence or any provisions of this Order and that a forfeiture of the security deposit is called for, it may after giving a reasonable opportunity for representing his case against the forfeiture and also having heard in person, forfeit the whole or any part of the security deposit and communicate a copy of the order to him.
(2) The Licensee or holder of certificate shall, if the amount of security at any time falls short of the amount specified in Clause 6, forth with deposit further security to make up that amount on being required by the licensing authority to do so.
(3) Upon due compliance by the licensee with all obligations under the licence, the amount of security or such part thereof, which is not forfeited as aforesaid, shall be returned, to the licensee after the termination of the licence.
(4) In respect of a licensee exempted from payment of security deposit, the Government or the Collector may in case of contravention of any of the conditions of licence, after enquiry and for reasons to be recorded in writing besides cancelling the licence, impose a penalty of such an amount not exceeding the security deposit prescribed for the dealers in general.
Order 31 Appeal
(1) Any person aggrieved by any order to grant, reissue or renew a licence, or certificate or supply card or b any order cancelling or suspending a licence or certificate or forfeiting the security deposited by the licensee or holder of certificate under the provisions of this Order, may prefer an appeal within thirty days from the date of receipt of such order by him.
(a) to the Commissioner if such order is that of the Chief Rationing Officer, Hyderabad or the Collector;
(b) to the Chief Rationing Officer, Hyderabad, if such order is that of the Assistant Supply Officer, Hyderabad or Secunderabad;
(c) to the Collector of the District Concerned, if such order is that of a Revenue Divisional Officer or District Supply Officer and;
(d) to the Revenue Divisional Officer concerned if such order is that of a Tahsildar; Provided that the appellate authority may admit an appeal preferred after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within the said period.
(2) The appellate authority shall, after giving an opportunity to the appellant to be heard, pass such order as he may think fit, confirming, modifying or annulling the orders appealed against.
(3) Pending disposal of the appeal, the appellate authority may direct that the orders against which an appeal is preferred shall not take effect until the appeal is disposed of.
Order 32 Powers of entry, search, seizure etc
(1) The licensing authority or any other officer of the Revenue or Civil Supplies Departments not below the rank of a Revenue Inspector or an officer of Vigilance cell of Civil Supplies Department not below the rank of a Sub-Inspector in his respective jurisdiction or any other officer duly authorised by the licensing authority, Superintendent of Police of vigilance Cell of Civil Supplies Department or any Gazetted Officer of Vigilance and Enforcement Department in writing may, 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 had reason to believe that any contravention of the provisions of this Order or of the conditions of any licence issued thereunder has been, is being or is about to be committed, to produce any books, accounts or other documents showing transactions 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 contravention of the order or the conditions of any licence issued thereunder, has been or is being or is about to be committed.
(c) take or cause to be taken extracts from or copies of any documents showing transaction relating to such contravention, which are produced before him;
(d) search, seize or seal the underground tank or remove stocks of petroleum products and the animals, vehicles, vessels or other conveyance used in carrying the said petroleum products in contravention of the provisions of this Order, or of the condition of the licence issued thereunder and there after take or authorise the taking of all measures necessary for securing the production of stocks of petroleum products and the animals, vehicles, vessels or other conveyance so seized in a Court or before Collector and for their safe custody pending such production.
(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.
Order 33 Sanction of Prosecution
No person shall be prosecuted for contravention, attempt to contravene or abet the contravention of any of the provisions of this order or of the terms and conditions of licence/permit/coupon issued to him or the directions issued by the Government/Commissioner/Licensing Authority except with the previous sanction of the Collector concerned.
Order 34
The Government may if it considers necessary for avoiding any hardship or for any other just and sufficient reasons, by notification in the Andhra Pradesh Gazette, exempt any person or class of persons or institutions from the operation of provisions of this Order either generally or specifically for specified period, subject to such conditions as may be specified in the notification.
Order 35 Repeal and Savings
(1) The Andhra Pradesh Motor Spirit and High Speed Diesel Oil (Maintenance of Supplies) Order, 1979 and the Andhra Pradesh Kerosene (licensing and Distribution) Order, 1965 are hereby repealed;
Provided that such recession shall not effect:-
(a) the previous operation of any of the said Order or any thing duly done or suffered thereunder.
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the said orders.
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the said orders; or
(d) any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or 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 relevant order has not been rescinded.
(2) Nothing contained in this Order shall apply to:
(i) the Railways, Defence Services or Ocean going vessels (not inclusive of fishing crafts) calling at any port of Andhra Pradesh.
(ii) the sale or storage for sale or purchase of the petroleum products on the Government account and;
(iii) the sale by Banks of stocks of the petroleum products hypothecated to them provided that the Kerosene is sold in accordance with the terms and conditions applicable to the hypothecators. |
