Revenue Department - Civil Supplies Acts

DESCRIPTION:

                              Cases u/s 6.A of the E. C. Act

                              Model form of report under section6-a (1) of E. C. Act, 1995

                              Inspection of F. P. Shops

                              Appointment Of Fair Price Shop Dealers

                                                 Allotment of FP shops

                                                  Licenses

                                                 The A. P. Rice & Paddy (Storage Control) Order, 1981

                                                 The A. P. Scheduled Commodities (L&D) ORDER, 1982

                                                 The A.P. Petroleum Products (L & R S) Order, 1980

                                                 The Lubricating Oils and Greases (PS&DR) Order, 1987

                                                 M.S. & HSD Control Order 1998

                                                 Rice Mills

E. C. Act 1955 Enforcement of Control Orders

1. Cases u/s 6.A of the E. C. Act:

All officers of Rev. and C.S.Dept. not below the rank of a Senior Rev. Inspector have powers of search and seizure as Enforcement Officers. They should therefore have thorough knowledge of the provisions of various control orders and the procedure for booking cases u/s 6-A.

Before they inspect any shop or premises for detection of possible violation of control orders, they should secure the presence of two or more independent and respectable persons (Preferably literates) of the locality. The inspection should cover the following aspects :

1.      Whether the person in charge of the shop or premises is a licensed dealer.

2.      Whether the licenses are up-to-date and exhibited at the place.

3.      Whether the Licensee maintained various stock, sales etc. Registers and made them available at the place.

4.      Whether the Licensee exhibited stock and prices board at the premises prominently.

5.      Whether the weights and measures are stamped up-to-date.

6.      Whether stock balances tally with book balances.

7.      Whether the Licensee is issuing proper receipts for the commodities sold.

If the Inspecting Officer detected contravention of the provisions of any control orders, he should immediately seize the stocks, the receptacles and any vehicle, vessel or conveyance used in carrying the stocks together with the registers and connected records under the cover of mediators report. The following steps should be taken in effecting seizure of stocks.

1.      Arrangements should be made for the safe custody of the stocks and receptacles and they should not be left with the accused.

2.      An inventory of the things seized with a correct weighment, description, time and place should be prepared which should be signed by the Inspecting Officer, accused or his agent, custodian and the mediators.  A copy should be given to the accused or his agent, under proper acknowledgement. He should also be informed that on the third day from the date of seizure, the Joint Collector will take up issue of interim disposal of the seized stocks and that he may go and make his oral or written representation to the Joint Collector. This fact should also be incorporated in the mediators report and also in the 6-A report.

3.      Three samples of each seized commodity should be taken and sealed with the signatures of the accused or his agent, mediators, custodian and the officer concerned and one sample should be handed over to the accused under proper acknowledgement. If it is a case of adulteration, five samples should be taken.

4.      The seized stocks along with one set of samples should be handed over to the custodian under proper acknowledgement duly obtaining the signatures of mediators as witnesses.

5.      The deposition of the accused should be recorded with details of the offences detected and his explanation. The depositions of the complainant or cardholders should also be recorded in case the enquiry or inspection was taken up at their instance.

6.      A comprehensive mediators report covering the entire proceedings from inspection/raid, contraventions noticed, stocks and records seized, samples taken, safe custody arrangements made and list of depositions recorded should be prepared in duplicate and the signatures of the mediators obtained on it. A copy of the mediators report should be handed over to the accused after obtaining his dated acknowledgement on the original.

7.      Telephone intimation should be sent to the Jt.Collector and the Licensing Authority within 24 hours about the seizure of stocks, their value and the safe custody arrangements made.

8.      A detailed 6-A report should be submitted to the Jt.Collector within 48 hours together with the following records, in original.

a.       List of stocks/articles seized,

b.      Depositions of the accused and others,

c.       Receipt obtained from the custodian,

d.      Records seized from the accused,

e.       Sealed samples collected and

f.        Mediators report.

The Joint Collector will issue orders for interim disposal of the seized stocks, within three days. The seized property shall be disposed of according to the interim orders of the Jt.Collector and the sale proceeds shall be kept in Rev.Deposits (i.e., 8443-Civil Deposits-101-Revenue Deposits in favour of the Jt.Collector) until the 6-A case is heard and final orders passed. In case confiscation of the seized commodities is ordered the sale proceeds shall be adjusted to the following head of Account: "1456-Civil Supplies 0800-Other Receipts & 81-Other items".

An appeal against the final orders of the Jt. Collector shall lie to Dt. Judge, VSP within 30 days.

Any amount required to be paid in pursuance of any control order can be recovered, with 15% interest, as arrears of revenue.

Parallel to action u/s 6-A, action should also be taken under the provisions of the relevant Licensing Orders.

Model form of report under section6-a (1) of E. C. Act, 1995

1.        Ref. No. and Section of Law contravened.

2.        Date of inspection.

3.        Date of 6-A report.

4.        Name of the Inspecting Officer.

5.        Name of the Respondent

6.        Property seized (give item-wise quantity and value).

7.        Whether the seized property has been shifted or kept at the place of seizure and the address of the person with whom it is kept for safe custody.

8.        Records seized (give detailed list)

9.        Names of the witness (LW) (give addresses in full)

10.    Facts of the Case

in the court of the collector, ........................... district

               Sub :

Sir,

Facts of the case are that reliable information was received on ..... / that Sri M/s ..... of ..... Village ..... Mandal ..... District was storing unauthorisedly and are hoarding food grains/edible oils/edible oil seeds/ Sugar ..... indulging in clandestine business. On receipt of the above information I (L.W.I) along with ..... proceeded to ...... at ..... hrs on..... and summoned mediators i.e. Sarvasri .... and explained them about the information received and requested them to act as mediators for which they agreed willingly.

I(L.W.I.) along with Lws.2 to .... surprised M/s/Sri.... at..... hrs in the presence of mediators. At that time one person was sitting in the shop/firm and attending business transaction. On introducing our identity and explaining the purpose of our visit to his shop, the said person revealed his name as sri... S/o... years, r/o... and Owner/Partner of the said firm. On demand he produced..... Wholesale / retail license No..... issued in favour if Sri... of firm at... to do business in Edible Oil Seeds/ Edible Oils/ Sugar/ Food Grains/ in shop premises with Door No... of.... village...... Mandal... District with godown at Door No... issued by the ... it is valid upto... He also produced stock register maintained from... to... (give details) written pages from 1 to ... As per the register the opening balance as on... was as follows:

Sl. No.             Commodity                         Quantity (in Qtls./Kgs)

1.

2.

3.

4.

The said person also produced way bill book maintained from ... to (give dates vide Sl.Nos. to The said person did not produce bill book as he confessed before the mediators that he is not maintaining them. He did not produce Form.C return. He produced the C return which was sent upto the month of ...

There after the ground stock available in the shop cum-godown premises at Door. No... were verified by physical weighment in the presence of mediators and the said owner partner by weighing and counting and it was found that .....Qtls./litres (incase of kerosene/HSD) in... barrels each containing... i.e., total.... litres(2) ....empty barrels of ...litres (3) ...empty tins of ...litres (with plastic pipe and garata) (4) ....bags i.e. quintals of and (5) quintal in... and half bags. The said Sri... Licensee/partner confessed before the mediators that when the ground stocks compared with that of stock register, the following variations in stocks were noticed.

Sl. No. Commodity       Qty. as             Quantity       Difference

                                per register   actually available

1.

2.

3.

4.

When the owner partner/licensee Sri... S/o.... years resident of ... was questioned for storing..... kgs rice/paddy/wheat/sugar/edible oil/edible oil seeds ..... lts. of kerosene/diesel.... without any permission or license from the Licensing Authority and hoarding of ... quintals/litres of... without obtaining permission or authorisation from the Authority concerned license and the reasons for variations in the stock of quintals, the said licensee/ partner could not give satisfactory reply and begged pardon (or give the reasons if any given). Thus, it is clearly established M/s... of Village.... Mandal of... District are indulging of.... contravening the provisions of law under.... Order...., and conditions of the authorisation/license issued there under read with Section 7 of the E.C. Act, 1955.

As I have reason to believe that there was contravention, as indicated above, I have seized the following ground stocks of essential commodities together with License, stock register and way bill book (give details of all documents etc.)

Sl. No.             Commodity                         Quantity (in Qtls./Kgs)

1.

2.

3.

4.

5.

The total value of seized properties worked out to Rs.... The seized stocks have been handed over to.... under stamped receipt for safe custody. During the course of investigation it is fully established that the respondent M/s Sri.... S/o.... year... r.o... is regularly storing.... in huge quantities apart from variations in the stocks of ... contravening the provisions of law, mentioned above.

Hence, it is prayed that action U/S. 6-A(1) of E.C.Act. 1955 may kindly be initiated against the above, respondent and pass Orders for confiscation of the entire seized properties in favour of the State Government, Further it is prayed that pending final Order U/S 6A of E/C/Act 1955 interim disposal orders under 6-A(2) of E.C/Act 1955 may kindly be issued, as deemed fit.

Y/f

Signature

Designation

Encl :

1.  Scheduled Commodities Dealers’ license or other license (given)

2.  Stock register (written from ................. to ...................)

3.  Way bill book (used from S.No. ............ to S.No. ..............)

4.  Stamped receipt acknowledging seized properties obtained from Sri ...........................................

5.  Panchanama

Copy submitted to :

1.      The D.S.O., Hyderabad/Visakhapatnam (in respect of Fair Price Shop dealers of Hyderabad & Visakhapatnam)

2.      The R.D.O. .................. of ................ district (in respect of Fair Price shop dealers in districts).

2. Inspection of F.P.Shops :

While inspecting the F.P.Shop, the Enforcement Official should also keep in mind and check the following aspects additionally:

1.      Whether the dealer is lifting the essential commodities allotted to the shops completely every month, in time, and accounting for them properly.

2.      Whether the entries in the daily sales register tally with the entries on the cards or there are variations.

3.      (A fair percent of the cards obtained at random from the households should be compared with the entries in the sales Register).

4.      Whether the dealer is opening the shop regularly during the prescribed working hours (i.e,8 AM to 12 Noon and 4 PM to 8 PM).

5.      Whether commodities are being supplied at correct prices with correct weighment.

6.      Whether the list of cards attached to the F .P. Shop is exhibited at the premises for general information of the public.

          Care should be taken to assess the functioning of the F. P Shops by making discrete and independent local enquiry. In case of violations, the same procedure prescribed for booking the offence and seizing stocks u/s 6-A should be followed.

APPOINTMENT OF FAIR PRICE SHOP DEALERS

               The Govt. of AP has issued the AP State Public Distribution System Control order - 2001 superceding A P S C (R D C S) order 1973in G.O.Ms.No.16, Food, Civil Supplies & Consumer Affairs, (CS-I) dt.6-11-2002.

              A. P State Public Distribution System Control Order 2001 governs the appointment of Fair Price Shop dealers and their functions.

For opening a new F. P. Shop, the sanction of the District Collector is necessary (G.O.Ms.No.8181/C.S.11/88-1, dated 5-2-88).

NORMS:

(As per G.O.Ms.No.40829/C.S-IV91-1 F&A (CS) Dept., dated 26-7- 91)

                                i.      Each and every village should have a separate F. P. Shop

                              ii.      F. P. Shops should be within a distance of one K. M. from the
residence of card-holders.

                            iii.      In tribal areas, F. P. Shops may be created even for 1000 population.

                             iv.      In non-tribal areas, F. P. Shops may be opened for every 1650 population.

                               v.      The Shops must be economically viable.

Allotment of FP shops:

Government in their G.O.Ms.No.99 dt. 22-10-98 have issued orders to fill up the vacancies of PF Shops as detailed below.

                                i.      that women reservation in allotment of Fair Price shops shall be fixed at 30%, provided that out of the said 30% reservation to women, 1% shall be reserved to the widows of Ex-servicemen as per G.O.M.S.No.86 E. CS & C A (CSI) Dept. Dtd.30-11-99.

                              ii.      that while making the women reservation as specified above, the appointing Authority has to follow the other reservation in vogue.

                            iii.      that the Fair price shop dealers selected from women quota shall have to be adjusted both in the reserved category and also open category.

                             iv.      that the Govt. while making reservations both for women and other categories shall ensure that reservations should not exceed 50% of the fair price shops.

Minimum General Qualifications:

        Shall be a 10th Class pass. However where candidates with this qualifications are not available, candidates with lesser qualification which shall not be less than a pass in 5th class, may be considered [G.O.Ms.No.671 C. S. Dept. dt. 30-11-1996).

Age Limit: The candidate should be with in the age limit of 18 to 40 years.

Reservations:            Scheduled Castes             :    15%

                                 Scheduled Tribes              :      6%

                                 Physically Handicapped    :      3%

                                 Backward Classes             :    25%

Reservations provided shall be followed treating the entire Revenue Division/circle as a unit.  Allotment of FP Shop to women limited to 30% falling each Revenue Division/Circle as a unit.

Residence : The candidate shall be a resident of the Gram Panchayat or the Municipal limits of the town, as the case may be in which the shop is to be located or the ward in Municipality where the shop is located.

LICENSES:

All the F .P. Shop dealers, including Co-operatives, should necessarily possess the following to run the F. P. Shops :

1)      Authorisation under the A. P State Public Distribution System Control Order, 2001 to be obtained from the Appointing Authority in  the  revised  form  on  payment  of  a fee of Rs.500/-. The renewal fee is Rs.200/- for a period of two years. Fee for duplicate authorisation is Rs.50/- (G.O.Ms.No.16 F&CS Dept. dt.06-04-2002).

2)      A retail license under the A.P. Petroleum Products (L&RS) Orders, 1980.

Prescribed Authorities:

      AREA               Appointing             Appellate            Reversionary

  Authority             (including             Authority          Authority

                       Disciplinary action)

         1                          2                          3                         4

         

Districts            Revenue Divisional         Joint Collector               Collector

                         Officer or Sub Collector

Visakhapatnam  Dist. Supply Officer    Joint Collector             Collector

City                                               

Hyderabad       Asst. Supply Officer    Chief Rationing        Commissioner

City                                                    Officer                  of Civil Supplies

The limitation for filing appeal or revision is 30 days from the date of service of Lower Court's Order.

Trade deposit:

Every FP shop dealer should deposit the trade deposit as indicated below as per G.O.Ms.No.671 CS& Current affairs (CS. IV) Depart Dt. 30-11-1996.

1.    Rural areas:    Rs.3, 000/-

2.    Urban areas:  Rs.4, 000/-

ACTS

  1. E. C. Act 1955 Enforcement of Control Orders
  2. AP State Public Distribution System Control order - 2001
  3. The A .P. Rice & Paddy (Storage Control) Order, 1981
  4. The A. P. Scheduled Commodities (L&D) ORDER, 1982
  5. The A .P. Petroleum Products (L & R S) Order, 1980
  6. A .P .Huller Rice Mills (Regulation of working hours) order 1973
  7. A .P .Sheller and combined Sheller-Huller Rice Mills [Non-Trading] [Regulation of working hours] order, 1973
  8. A .P. Trading Rice Mills (Restriction on Custom Milling) Order, 1978

 FORMS

Petroleum Products Act--

Schedule defining forms and licensing authorities

Form II-Certificate of storage accommodation

Form X-License Order to import & store petroleum class A

Form XI-License Order to import & store petroleum class B