PERFECT Director of Civil Supplies

Transcription

1 0 PERFECT The Kerala Rationing Order, 1966, published by the Government during July, 1966 was included in the Hand Book of control orders along with the other control orders administrerited by the Civil Supplies Department and published in July, Subsequently a number of amendments were issued to the Kerala Rationing Order, Correction up to 18 th February, 1982 were incorporated and republished it as a separate volume (Volume iii) in the year1982. A good number of amendments were made after the publication of the second edition in 1982 and it is therefore necessary to incorporate all the amendments so far issued. This volume contains amendments up to Thiruvananthapuram C.K.VISWANATHAN, I.A.S Director of Civil Supplies

2 1 THE KERALA RATIONING ORDER, 1966 No. 8915/FI.BI/66-24/Fd.D. Thiruvananthapuram,1 st July 1966 Whereas the Government of Kerala are of opinion that it is necessary and expedient so to do for maintaining the supplies of certain essential commodities and for securing their equitable distribution and availability at fair prices; Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the Order of the Government of India in the Ministry of Food, Agriculture Community Development and Co-operation (Department of Food) No. G.S.R.906, dated 9 th June 1966 published in the Gazette of India Extraordinary Part II, section 3, sub-section (i), dated the 9 th June 1966, the Government of Kerala hereby make the following Order, namely:- ORDER 1. (1) This order may be called the Kerala Rationing Order, (2) It extends to the whole of the State of Kerala. (3) It shall come into force in such area and on such date as the Government may, by notification in the Gazette, appoint. 2. In this Order, unless the context otherwise requires,- (1) Adults means a person who has completed the age of 12 years (2) Authorized establishment proprietor means a person in change an establishment to whom a permit has been issued under the provisions of sub-clause (1) of 33 and shall include a person in charge of an establishment under the control of the State or Central Government; (3) authorized retail distributor means a retail dealer who has been appointed or deemed to be appointed as such under the provisions of sub-clause (1) of clause 46**[.] and shall include a person in charge of a shop or gowdown appertaining to a rationed article and under the control of the State or Central Government; * Published in Kerala Gazette Extraordinary No. 70, dated 1st July Substituted by Notification No. 3285/B1/76/Food, dated 25 th June ** The words or who has been appointed under sub-clause, (4a) of that clause inserted vide Notification No. 2517/A2/69/Fd.D., dated 22 nd March 1969 and omitted vide Notification No /B1/71/Fd. D., dated 25 th July 1972.

3 2 (4) authorized wholesale distributor means a wholesale dealer who has been appointed or deemed to be appointed as such under the provisions of sub-clause (1) of clause 51 * (..) shall include a person in charge of a godown appertaining to a rationed article and under the control of the State or Central Government; (5) Chile means a person below the age of 12 years but not below the age of two years; (6) Commissioner means the Commissioner of Civil Supplies and includes in Director of Civil Supplies; (7) Controller means the Controller of Rationing; (8) District Supply Officer means an Officer appointed as such by Government and includes the Chief City Rationing Officer and the District Supply Officer (Vigilance)** (9) (a) establishments means catering establishments, institutions, residential establishments, manufacturing establishments, industries, animal establishments and any other establishments or class of establishments which the Government or the Commissioner may declare to be establishments for the purpose of this order; (b) (i) catering establishments means hostels, restaurants, eating houses, cafes, teashops, coffee stalls free feeding centers, clubs, canteens and includes all other establishments of a like nature open to the public or to any limited class of the public where food or refreshment is consumed or procurable; (ii) Institution means hospitals, sanatoria, convalescent homes, nursing homes, orphanages, work house, infirmaries, asylums, boarding schools (which provide meals for day boarders only) and includes all other establishments of a like nature; (iii) residential establishments shall not include private, households but shall include boarding houses, apartment houses, residential hotels, hostels nurse homes, boarding schools, (with or without any day boarders) not falling under sub-clause 9) (b) (ii) and other establishments of a like nature; (iv) Manufacturing establishments includes bakeries, confectionaries and other establishments of a like nature; *The words or who has been appointed under sub-clause (4a) of that clause inserted vide Notification No.2517/A2/69/Fd. D., dated 22 nd March 1969 and omitted vide Notification No /B1/71/Fd.D., dated 25 th July ** The words and the District Supply Officer (Vigilance) has been added as per Government Notification No. 6980/ B1/79/Food,dated 29 th February 1980.

4 3 (v) Industries means undertaking requiring the use of any rationed in the process of production, manufacture or finish of any article whether or not it is a rationed article; (vi) Animal establishments means stables for horse; or cattle, poultry farms, zoos, menageries, veterinary hospitals, Pingirapones and includes all other establishments of a like nature where animals are maintained; (10) Establishment consumption means consumption of food supplied by an establishment for consumption in the premises of the establishment or elsewhere; (11) Family means a household consisting of individuals living on the same premises and sharing meals in a common mess; (12) Godown means a depot established under the Food Corporation of India for the purpose of storage of rationed articles and their supply to authorized wholesale distributors, authorized retail distributors and establishments and includes depots run by the State Government or Central Government; (13) Household consumption means consumption of food other than establishment consumption; (14) heavy manual laborer means a person who make his livelihood by hard manual labor, and if any question arises as to whether a person is not a heavy manual laborer, it shall be decided by the commissioner and his decision shall be final; (15) Infant means a person below the age of 2 years; (16) Rationed area means any area in which this Order has been brought into force; (17) Rationing article means any essential commodity* which the Government may, by notification in the Gazette, specify to be the rationed article in respect of any area; (18) Rationing date means in relation to any rationed article such date as may be fixed by the Government in respect of any rationed area for commencement of rationing of the article in that area; (19) ration document includes a ration book, a ration card or any ration capon or any declaration, authority, permits or other document issued or made under or in pursuance of the provisions of this Order; (20) Taluk Supply Officer means an officer appointed as such by the Commissioner or the District Collector and includes the City Rationing Officer, *Substituted by Notification No.3285/B1/76/Food,dated 25 th June 1976.

5 4 (21) Week means the period commencing from rationing date and ending any midnight on Saturday next following and thereafter each successive period of days. 3. For the purpose of this order, anything require to be done by any person may, if such person is a minor or a lunatic or a person of unsound mind, be done his behalf by a person who is for the time being in actual charge of or control over him. 4. (1) The Government may appoint a controller of Rationing having jurisdiction throughout the State. (2)The Controller of Rationing shall, subject to the direction and control of the Commissioner, exercise general powers of superintendence and control over the working of the system of rationing established by this Order. (3)The Commissioner may appoint such other officers as he may think fit for the purposes of implementation this Order and specify the jurisdiction, powers and functions of such officers. 5. Except as otherwise provided by this Order, a rationed article shall be obtained from an authorized wholesale distributor or authorized retail distributor on or after the rationing date only by means of a ration document and only up to the quantity in relation to the articles as represented by the units specified in the ratio document; *provided that in respect of rationed articles other than paddy, rice and wheat, the distribution shall be on such scale or basis as the Government may direct from time to time. **5A No person shall, on or after the 17 th of august, 1967have in his control of possession any ration rice or ration to any product of ration rice or ration wheat in excess of the quantity to which he is entitled for a period of four weeks on the authority of his ration card or other ration document issued to him or on his behalf. Explanation:-For the purposes of this clause ration rice or ration wheat meansrice or wheat issued- *inserted vide Government Notification No.7188/B1/73/Fd.D. dated 30 th July **Inserted vide Government Notification No1880/Fd/B5/67/Fd.D,Dated 17 th August 1967 (Published in Kerala Gazette Extraordinary No.156, dated 17 th August 1967) Substituted vide Government Notification No.1880/Fd/B5/FdD, Dated 30 th August 1967 (Published in Kerala Gazette Extraordinary No 167, dated 30 th May vide Government Notification No17690/Fd/BS/Fd.D, dated 7 th December 1967 Published in Kerala Gazette Extraordinary No 231, dated 7th December 1967.

6 5 (a) from the depots of the Food Corporation of India to authorized wholesale distributors or authorized retail distributors; or, (b)by authorized wholesale distributors to authorized retail distributors or establishments; or, by authorized retail distributors to cardholders or establishments. 6 (1) With a view to controlling the distribution of any rationed article, the Government may issue or cause to be issued to any person or class of persons or to the public generally in any rationed area ration documents for the purpose of rationing of such articles: Provided that no ration documents shall be delivered to any person unless such person or any adult member of his family to whom the documents is tendered on his behalf signs or affixers his mark of thumb impression in token of receipt of such documents as required by the officer delivering such document. (2) The Commissioner or the District Collector or any officer if the Civil Supplies Department not below the rank of the Taluk Supply Officer *(..) may at any time whether at the request of the person to whom any ration document has been issued sue motu, after making such enquiry as may be deemed necessary and after giving the person an opportunity of being heard and for reason to be recorded in writing add to, amend, vary, suspended or revoke the ration document. Where any ration document is revoked, any person in possession of it shall forthwith deliver the same to the Commissioner or the Collector or other officer, as the case may be. (3) No person shall without lawful authority alter any entry on a ration document. If the holder of a ration document finds that some other person has, without lawful authority to do so, made an alteration on the ration document affecting its validity or the quantity or the kind of rationed articles obtainable on it, the holder of such ration document shall forthwith report the fact to the Taluk Supply Officer concerned. 7. For purpose of obtaining any rationed article for household consumption, ration cards shall be issued in such form as may be prescribed by the Commissioner, by notification in the Gazette and they shall be the ration documents for purposes of household consumption. *The words: or any officer of the Land Revenue Department not below the Rank of Tahsildar inserted by Government Notification No /Fd. D./B6/67.Fd D., dated 23 rd September 1967 and omitted vide Government Notification No /A2/Fd. D., dated 22 nd September 1971.

7 6 8. Any person residing or intending to reside in a rationed area to whom a ration card has not been issued and who is not included in any family for which a ration card has been issued may apply to the Taluk Supply Officer of the area in which the resides or intends to reside for a ration card either, for himself alone or for himself and his family furnishing such true and correct information and in such form as may be prescribed by the Commissioner by notification in the Gazette. The Taluk Supply Officer may make or cause to be made such enquiry as he deems fir for verification of the information furnished by the Provided that if the applicant is a member of the Scheduled Caste or the Scheduled Tribe, ration card may be issued to such applicant even if the house if such applicant does not bear a number duly assigned by the local authority having jurisdiction over the rationed area in which the applicant resides. In such cases, the applicant may produce a certificate from the concerned Panchayat Executive Officer, Municipal Commissioner, Corporation Commissioner, Village Officer, Tahsildar or District Officer of the Scheduled Caste/Scheduled Tribe Development Department to the effect that he is a permanent resident of the rationed area. 9. Save as provided in clause 22, no person shall apply for a ration card if he has already obtained a ration card or if he is included in a family for which a ration card has been obtained. 10. Any person who has received more than one ration card or who knows or has reason to believe that he is included in more than one family for which a ration card has been issued shall forthwith report the fact to the Taluk Supply Officer of the area in which he resides. 11. Save as otherwise expressly provided in this order, no person shall obtain or attempt to obtain any rationed article in more than one ration card issued to him or to the family in which he is included. 12. When a person has made an application as required by clause 8, as temporary ration card such form as may be prescribed be the Commissioner by notification in Gazette, may be issued by the Taluk Supply Officer to such person pending issue of a regular ration card to him or on his behalf under clause A temporary ration card shall bear an inscription that it is temporary. Spaces shall be provided in it for *[five months] and the spaces for each week shall be valid during the week specified against as per G.O (P) 23/94/F&CSd dated (SRO. No..) *Substituted for the words eight weeks by the Notification No 8487/A2/68/Fd.D, dated 23 rd July 1968.

8 7 14. A temporary ration card may, on application, be issued by the Taluk Supply Officer to any person who expects to stay in the rationed area for a period, exceeding one week nut not exceeding*[five months]: Provided that Taluk Supply Officer may issue a temporary ration card to any person whose stay in the said area is not likely to exceed one week. 15. (1) A ration card may be issued to any person who has made an application as required by clause 8 and who intends to stay in the rationed area for a period exceeding *[five months]. Before a ration card is so issued the space against the period which has elapsed on the date of its issue or during which the applicant does not intend to stay in the rationed area shall be cancelled. (2) When a ration card is issued for purchase of foodgrains, the Taluk Supply Officer shall consider whether the applicant for the card or any of the members of his family is in receipt of paddy or any other foodgrains in any form. If the applicant or any member of his family staying with him is in receipt of paddy or any other foodgrains in any form, the ration card issued to him shall be frozen for the period for which the paddy or any foodgrains in any form will be sufficient for consumption for the applicant and the members of the family according to the sale of consumption prescribed by the Commissioner. Provided that where the applicant holds paddy lands not exceeding two acres in extent and he or any member of his family staying with him is not in receipt of paddy or any other foodgrains in any form from in any other source, the paddy received from such lands up to 50 cents shall not be taken into account for the purpose of freezing the ration card issued to him: **Provided further that the paddy received as daily wage by an agricultural labourer shall not be taken into account for the purpose of freezing a ration card under this sub-clause. 16. The ration card for a family shall be issued in the name of the head of the family. It shall show the number of units allotted for the family for a day at to rate of two units a day for each adult one unit a day for each child: *Substituted for the words eight weeks by the Notification No.8487/A2/68/Fd. D., dated 23 rd July Substituted vide Government Notification No. 1443/A2/68-3/Fd.D., dated 28 th January 1968 published in Kerala Gazette Extraordinary No. 25, dated 28 th January **Added vide Government Notification No.14434/A2/68-3/Fd.D., dated 28 th January 1968 published in Kerala Gazette Extraordinary No.25, dated 28 th January 1968.

9 8 Provided that in request of rationed articles other than paddy, rice and wheat, the distribution shall be on such scale or basis as the Government may direct from time to time. 17. (1) every holder of ration card, or in the event of his death or absence, the senior male member of the family, not being a minor and in the absence of any such member, the senior female member of the family shall, and any other member of this family may, notify in writing to the Taluk Supply Officer in charge of the area, the death of a member of a the family or the absence of a member of the family for a continuous period of not less then seven days. Such notice shall be given within 10 days from the date of the death of the member or with in 14 days from the date of such absence of the member of the family, as the case may be. On receipt of such notice the Taluk Supply Officer may, after making requires, arrange to revise and re issue the ration card. (2) Not withstanding anything contained sub clause (1), the absence of a person from the rationed area from time to time for reasonably short periods on bona field official or professional touring, even though a period of such absence may exceed 7 days at a time need not be reported, provided that he continuous to have this permanent residence in to rationed area and no ration the articles are drawn for him for the period of such absence. 18. No application for the issue of a new ration card in the place of a ration card already issued on the ground that it has been defaced, lost or destroyed shall be accepted by the Taluk Supply Officer except on the payment to him of a fee of one rupee by way of court fee labels. Provided that no fee shall be levied, if it is proved to the satisfaction of the Taluk Supply Officer that the defacement, loss of destruction was due to reasons beyond the control of the applicant. 19. (1) Every holder of a ration card shall notify in writing any change in his addresses to the Taluk Supply Officer having Jurisdiction over the area in which he intends to reside. Such notice may be given on behalf of the holder for by any member of the family. The notice shall, if not given in absence, be given within 10 days from the date on which the change the address take place and shall contain the following particulars namely:- (a) Serial number and the court number of the ration card. (b) Name of the holder of the ration card; (c) His old address; and. Inserted vide Notification No. 7188/B1/73/Fd.D. dated 30 th July 1975.

10 9 (d) Date from which the change of address will take or has taken place. (2) Every holder of a ration card who leaves the rationed area with all the members of his family for a period of not less than four weeks shall surrender his card to the Taluk Supply Officer not later than one week after he leaves such area. (3) When there is an addition, either temporary or permanent to the members of the family of a card holder, or when a child in the family becomes an adult or an infant in the family becomes a child the cardholder may apply to the Taluk Supply Officer concerned for increasing the number of units for which he is eligible. He should furnish the following particulars, namely:- i. Name of the new member of the family and his relationship with the head of the family; ii. Age of the new member and his previous place of residence; iii. Whether the new member had a ration card at his previous place of residence and if so, whether it has been surrendered; iv. Name of the child who has become an adult and its date of birth; v. Name of the infant who has become a child and its date of birth. (4)The Taluk Supply Officer may, on receipt of such application and after such enquiry as he considers necessary, arrange to revise and re-issue the ration card. 20. Each space provided in the ration card shall entitle the holder to obtain the number of units of ration article allotted to the household for a day. 21. (1) The quantity of a rationed article, or when the distribution of two or more articles is regulated, of all the rationed articles in combination representing the units, shall be fixed by the Government. (2) In case where two or more articles are rationed the Government shall fix the proportion of each of the rationed articles within the unit: Provided that the Government may fix different quantities of rationed articles for different categories of consumers:

11 10 * Provided further that in respect of rationed articles other than paddy, rice and wheat, the distribution shall be on such scale or basis as the Government may direct from time to time. 22. (1) Any heavy manual labourer may, if he desires to obtain a supplementary ration card, apply to the Taluk Supply Officer of the area in which he resides furnishing such true and correct information and in such form as may be prescribed by the Commissioner by notification in the Gazette. If, after making such enquiry as may be necessary, the Taluk Supply Officer is satisfied that the applicant is a heavy manual labourer a supplementary ration card in such form as may be prescribed by the Commissioner by notification in the Gazette shall be issued to him. (2) Each space in a supplementary ration card shall entitle the holder to obtain such quantity of one or more of the rationed articles may be fixed by the Government from time to time and shall be valid during the week in which it is included. 23. No person shall obtain or attempt to obtain a ration card by furnishing false information. 24. No person shall obtain under this order any rationed articles unless hea) Signs or puts his mark or thumb impression in the space provided for the purpose on the ration card; b) Registers himself with an authorized retail distributor for the purpose of obtaining his supply of rationed articles; and c) Complies with such other directions which may be issued on this account by the Government Commissioner or Controller. 25. A holder of a ration card may register himself with any authorized retail distributor within the local jurisdiction of a Panchayat, Municipal Council, Corporation or Township in which he resided; Provided that the Commissioner, District Collector, Controller, District Supply Officer **[.] or Taluk Supply Officer may, by order, direct that any person or class of persons shall be registered with any particular authorized retail distributor. *Inserted vide Notification No. 7188/B1/73/Fd. D., dated 30 th July, **The words or Revenue Divisional Officer or Tahsildar inserted vide Government Notification No /Fd.//B5/67/Fd. D., dated 23 rd September, 1967 published in Kerala Gazette Extraordinary No:191,dated 23 rd September,1967and omitted vide Notification No:29603/A2/70/Fd.D;Dated 22 nd September 1971 published in the Kerala Gazette dated 12 th October,1971.

12 11 Explanation:- An authorized retail distributor may register with himself if he is a holder of a ration card. 26. Every authorized retail distributor shall, when requested so to do, register the holder of a ration Provided that he shall refuse to register a card holder, if the number of holders already registered with him will thereby exceed 300, or *[such less number] as the Taluk Supply Officer may fix in any particular case or generally: Provided further that the Commissioner may, if he is satisfied that it is necessary or expedients so to do in the public interest exempt any authorized retail distributor from the operation of the first proviso to this clause and may fix such other limits as he may deem necessary, Explanation:- An authorized retail distributor may register the holder of a ration card even though the name of some other authorized retail distributor has been entered in the ration card, provided the holder thereof has not been registered with any other authorized retail distributor. The absence of the counterfoil in a ration card shall be an indication that the holder thereof had already been registered with another authorized retail distributor. 27. The holder of a ration card shall get himself registered in the following manner: a) He shall either in person or [through an agent, present the ration card to any authorized retail distributor mentioned in clause 25. He shall also permit the authorized retail distributor to detach and retain with him the counterfoil of the ration card. ** b) The authorized retail distributor with whom the holder of a ration card seeks registration shall enter in the ration card presented to him his authorization number, name and address, sign the ration card and detach the counterfoil of such card. He shall also enter in the card register to be maintained by him the serial number of the ration card, the name and address of the holder of the ration card, and the units specified The figure 500 shall be replaced by 300. Substituted as per G.O (P) No. 23/94/F&CSD., dated 2 nd July (SRO.No.) * Substituted for the words such other limits by Notification No /A2/68/Fd.D., dated 4 th June,1970 Inserted by Notification No. 5242/B2/73/Fd. D., dated 25 th November, ** Substituted by the Notification No /A2/70/Fd. D., dated February, 1971 and published in Kerala Gazette dated 9 th March, 1971.

13 12 He shall produce the detached counterfoil before the Taluk Supply Officer/ City Rationing Officer along with the card register. The Taluk Supply Officer/ City Rationing Officer will verify the counterfoil with reference to the card register, make entries and corrections in the concerned card registers if necessary and then keep the counterfoil in safe custody in the office in sealed cover. 28. A holder of a ration card shall obtain his supply of the rationed articles only from the authorized retail distributor with whom he is registered. 29. (1) On demand and offer of price by or on behalf of the holder of a ration card registered with an authorized retail distributor and against the cancellation of the appropriate space or part thereof provided for the purpose in the ration card, the authorized retail distributor shall supply to the card holder the rationed articles not exceeding the quantity or part thereof obtainable on production of the ration card. The authorized retail distributor shall issue cash memos for sale, nothing in such memos the number of the ration card, name of the cardholder and such other particulars as are specified by order by the Commissioner. * He shall, then return the ration card to the cardholder or to the person to whom rationed articles have been supplied on behalf of the cardholder and shall not on any account keep the ration card in his custody **(2) Every authorized retail distributor shall maintain correct weights and measures of all denomination and weighing balances which shall be got checked up at regular intervals as provided in the Kerala Weights and Measures (Enforcement) Act, 1958 and the Rules issued there under, by the Inspector of weights and Measures within shoes jurisdiction the authorized retail deposit is situated. He shall also issue rationed articles to cardholders and others who draw rationed articles on ration documents, from the authorized retail depot on correct weighment according to the quantity shown in the cash memo mentioned in sub-clause (1) 30. Every authorized retail distributor shall, for the due performance of his duties under this Order comply with such directions as may be issued by the District Collector or any officer of the Civil Supplies Department not below the rank of a * Inserted by Notification No.10146/B1/76/Food, dated 26 th September, **Inserted by the Notification No /A2/68/Fd. D., dated 4 th January, 1969.

14 13 Rationing Inspector *( ) 31. The Taluk Supply Officer may transfer the name of a person registered with any authorized retail distributor to any other authorized retail distributor either on application by the cardholder and after such enquiry as he considers necessary or in the interests of administration. 32. For purposes of obtaining any rationed articles, ration permits in such form as may be prescribed by the Commissioner by notification in the Gazette shall be issued to catering establishments, institutions, residential establishments, industries and animal establishments and for the purpose of establishment, ration permits shall be the ration documents. 33. (1) Any person requiring rationed articles for the purposed of establishment consumption may apply to the Taluk Supply Officer of the area in which he runs or intends running the establishment furnishing such true and correct information and in such form as may be prescribed by the Commissioner by notification in the Gazette. The Taluk Supply Officer may make or cause to be made, such enquiry as he deems fit for verification of the information furnished by the applicant and issue a ration permit. (2) A ration permit for obtaining rationed articles for the purposed of an establishment shall be issued in the name of the owner or manager or person in charge or control of the establishment. Such permit shall have spaces provided for the purposes each valid for the week specified against it. Each space shall represent the number of units allotted to the establishment. (3) In the case of a catering establishment, institution or residential establishment, the number of units may be decided having regard to the average number of customers or residents in the establishment or institution, as the case may be, (4) In the case of animal establishments, the number of units shall be decided having regard to the kind and number of animals or birds kept or maintained in each establishment. In the case of an industry the number of units shall be decided having regard to the nature of the industry. * The words or any Panchayat Executive Officer added by Notification No /B3/67-9/Fd. D., dated 5 th June, 1968 published in Kerala Gazette Extraordinary No.122, dated 5 th June, 1968 and omitted by the Notification No /A2/70/Fd. D., dated 22 nd September, 1971.

15 No holder of a ration permit shall obtain any rationed article on the permit unless he is registered with an authorized retail distributor or with an authorized wholesale distributor as directed by the Taluk Supply Officer. 35. (1) Where a ration permit directs registration with an authorized retail distributor the provisions of clauses 25 to 29 shall apply as if the ration permit was a ration card, provided that the limit specified under clause 26 shall not apply in respect of ration permits. (2) Where a ration permit directs registration with an authorized wholesale distributor, the holder of the ration permit shall get himself registered with an authorized wholesale distributor by presenting the ration permit to him and shall allow him to detach and retain with him, the counterfoil of the ration permit. 36. On registration of a ration permit the authorized wholesale distributor shall on demand and offer of price by or on behalf of the holder of the ration permit and against the cancellation of the appropriate in the permit, issue the rationed articles in quantities specified on the ration permit. * He shall then return the ration permit to the holder of the permit or to the person to whom rationed articles have been supplied on behalf of the holder of the permit and shall not on any account keep the ration permit in his custody. 37. On demand and offer of price by a resident in the residential establishment the person in charge of the establishment shall supply food prepared from the rationed article. The person in charge of a catering establishment, institution or residential establishment may supply food prepared from the rationed articles to any other customer only for the purpose of establishment consumption; and a person in charge of an industrial or animal establishment may supply the rationed article or food prepared by him from the said article only for the purpose of consumption in the industry or establishment as the case may be. 38. No person shall obtain or attempt to obtain a ration permit by furnishing false information. 39. No person shall obtain or attempt to obtain any rationed articles by use of a ration permit the possession of which is not authorized by or under this Order. 40. (1) Every authorized establishments proprietor shall, in respect of the establishment, maintain a regular accurate and daily account of each rationed article obtained by him from an authorized wholesale or retail distributor in the form prescribed by the Commissioner by notification in the Gazette.

16 15 * Inserted by Notification No /B1/75/Food, dated 26 th September,1975 (2) Every authorized establishment proprietor shall, in respect of the establishment, maintain a regular, accurate and daily account showing the number of persons supplied with food for consumption in the premises of the establishment of elsewhere, in such form as may be prescribed by the Commissioner by notification in the Gazette. (3) An authorized establishment proprietor shall obey all general or special directions given from time to time by the District Collector or any Officer oft the Civil Supplies Department not below the rank of Rationing Inspector *[ ] concerning the manner in which and the conditions subject to which any rationed article may be supplied or obtained for establishment consumption or in connection therewith. (4) When an establishment remains closed due to any cause for more than seven days, the person in charge of the establishment shall give notice that it has been so closed to the officer by whom the permit in respect of such establishment was issued. Such notice shall be given within seven days from the date of such closing. No rationed article shall be drawn on the ration permit during the period the establishment remains closed. (5) Every authorized establishment proprietor shall give all reasonable facilities at all time to the District Collector or any officer of the Civil Supplies Department not below the rank of a Rationing Inspector **[ ] to inspect the stock of rationed articles in the establishments and the accounts relating to the establishment. (6) Every authorized establishment proprietor holding a ration permit for more than 1500 units a week shall furnish to the Government an amount fixed by the Government as security in each case and also give an undertaking to the Taluk Supply Officer concerned in the form prescribed by the Commissioner by notification in the Gazette. * The words or any officer of the Land Revenue Department not below the of a Revenue Inspector or any Panchayat Executive Officer omitted by the Notification No /A2/70/Fd. D., dated 22 nd September, ** The words or any officer of the Land Revenue Department not below the rand of a Revenue Inspector or any Panchayat Executive Officer or any Municipal Commissioner omitted by the Government Notification No /A2/70/Fd. D., dated 22 nd September, 1971.

17 16 (7) On receipt of a report from any of the Officers referred to in sub-clause (5) or on his own inspection of the stock or accounts of an establishment, if the District Collector or any officer of the Civil Supplies Department not below the rank of a Taluk Supply Officer *[.] finds any irregularities in the accounts or detects noncompliance with any of the directions issued by the competent authorities, he may after giving the authorized establishment proprietor an opportunity of stating this case and an opportunity of hearing him in person * and for reasons to be recorded in writing, amend, vary, suspend or cancel the permit and may order forfeiture of the whole or any part of the amount deposited by the authorized establishment proprietor as security under sub-clause (6). He may also suspend the permit granted to the establishment pending enquiry. (8) Any authorized establishment proprietor aggrieved by an order under subclause (7), within 30 days from the date of service of such order appeal.- i. In the case of an order passed by the Commissioner, to the Government, ii. In the case of an order passed by the District Collector, to the Commissioner, and iii. In the case of an order passed by any officer, to such authority as the Government may specify in this behalf and the decision of the Government, Commissioner or such authority, shall, subject to the provisions of clause 70, be final. 41. Not withstanding anything to the contrary contained in any other law for the time being in force the person in charge of an establishment other than an industry or animal establishment shall, if required to do so by the District Collector or any officer of the Civil Supplies Department not below the rank of a Taluk Supply Officer keep the establishment open during any period specified by them and supply food prepared form the rationed article to any customer for the purpose of establishment consumption. 42. The Government or Commissioner may, on application and after such enquiry as may be considered necessary, issue special permit for the purchase of rationed articles. Such applications shall specify the purpose for which the special permit is applied for and the quantity of rationed articles required. The permit shall indicate the quantity of rationed articles permitted to be purchased, the area from which it is to be purchased and the period of its validity. The special permit shall be surrendered to the authorized distributor at the time of purchase. *The words and an opportunity of hearing him in person has been inserted by Government notification No. 4640/B1/81/Food, dated 19 th May, 1981.

18 No authorized wholesale distributor shall, on or after the rationing date, supply or offer or attempt to supply any rationed m article supplied to him by the Government to any person other than an authorized retail distributor, authorized establishment proprietor or a holder of a special permit issued under clause 42, nor shall he supply, offer or attempt to supply such articles on or after the rationing date to an authorized retail distributor or an authorized established proprietor or as holder of special permit except under and in accordance with the provisions of this Order. 44. No authorized retails distributor or authorized establishment proprietor shall, on or after the rationing date. Supply or offer or attempt to supply any rationed article supplied to him by the authorized distributor except for house-hold consumption or for establishment consumption nor shall any authorized retail distributor or authorized establishment proprietor supply, offer or attempt to supply such rationed article on or after the rationing date for house-hold consumption establishment consumption or for any other purpose, except under and in accordance with the provisions of this Order. 45. (1) For the purpose of distributing rationed articles the District Supply Officer may, by order appoint in respect of any area any provision as authorized retail distributor in respect of any rationed article. Provided that the persons appointed or deemed to be appointed as authorized retail distributors under the Kerala Food grains (Regulation of distribution) Order, 1965 shall be deemed to be appointed under this sub-clause: *Provided further that in the event of delay in the appointment of an authorized retail distributor or when the authorization of a retail distributor is suspended pending enquiry, the District Supply Officer may on such terms and conditions as he may deem fit, make provisional appointment of a retail distributor in respect of any area for a specified period not six months at a time, without observing the formalities prescribed under this order. The person so appointed shall have no right to continue as authorized retail distributor beyond the period for which he is appointed and shall not also have any preferential claim for appointment as an authorized retail distributor.

19 18 * Inserted by the Government Notification No /A2/68/Fd.D., dated 9 th January, Substituted by Notification No. 38/96/F & C S D, dated 10 th October 1996 (S.R.O.No. 735/96). *Provided also that a person who is a full-time employee in any establishment or who is not normally resident in the locality shall not be eligible to hold an authorization to run the retail ration depot under this Order. ** The order appointing a provisional retail distributor shall be in such form as may be prescribed by the Commissioner by Notification in the Gazette. (2) Application for appointment as authorized retail distributor shall be made to the District Supply Officer in the form prescribed by the Commissioner by Notification in the Provided that where an authorized retail distributor is incapable of running the ration business owing to old age or sickness, may legal heir, nominated by him and in the case of death of an authorized retail distributor, any of the legal heirs of the deceased nominated jointly by all the other legal heirs shall be appointed by the District Supply Officer as a temporary authorized retail distributor and on production of heirship certificate from the concerned Tahsildar and after conducting such enquiry as the District Supply Officer may consider necessary regarding the financial position of the legal heir and also on execution necessary agreements afresh as provided for under this order, such appointment shall be made permanent. (Provided that the District Supply Officer may order that appointment the event of disagreement among legal heirs either before the.. appointment or after the appointment, the District Supply Officer may cancel the appointment if already ordered, call for applications and make fresh appointments as provided for under these rules.) Provided also that whenever the appointment of any Co-operative Society as authorized retail distributor in respect of any area is revoked/cancelled, the district Supply Officer may give preference to the salesman of the concerned retail depot while making the appointment of a substitute retail distributor for that area: * Inserted by Government Notification No. 69/B1/81/Food, dated 3 rd April, 1981 (S.R.O. No. 408/81) ** Inserted by the Government Notification No /B1/78/Food, dated 24 th November 1978 (S.R.O No. 1194/78).

20 Substituted by Notification No. 8943/B1/94/F&SD, dated 6 th April 1995 ( S.R.O No. 527/95). Inserted by the Government Notification No.2276/A2/71/Fd.D., dated 31 st August, * Provided also that an applicant who is an ex-serviceman may be given preference in the appointment of Authorized Retail Distributor, if he is otherwise eligible and if there is no eligible heir of a deceased Authorized Retail Distributor or salesman of a Co-operative Society available for substitute appointment. ** Provided also that an applicant who is an unemployed rural youth. The words particularly if he belongs to Scheduled Caste or Scheduled Tribe is deleted as per Notification No /B1/90/F&CSD dated 12 th April, 1994 (S.R.O.No. 467/91) may be given preference in the appointment of authorized retail distributor, if he is otherwise eligible and if there is no eligible heir of a deceased authorized retail distributor or salesman of a Co-operative Society or Ex-servicemen available for substitute appointment. (2a) (i) Not withstanding anything contained in sub-clause(2), out of the total number of permanent authorized retail distributors appointed after the date of commencement of this order in the area of each District Supply Officer, eight percent shall be reserved for candidates belonging to Scheduled Castes and two percent to those belonging to Scheduled and five percent to physically handicapped persons and twenty percent for woman candidates for appointment as authorized retail distributors under sub-clause(1). (ii) All such appointments shall be made in the following order of rotation, namely:- 1. Scheduled Caste/Scheduled Tribes 2. General 3. General 4Woman 5. General 6. Woman 7. Woman 8. General 9. General 10. General (iii)every 4 th, 8th, 12th etc. of the vacancies reserved for Scheduled Caste/Scheduled Tribes shall be filled up by appointments among candidates from Scheduled Tribes. *Inserted by Notification No 10146/B1/75/Fd.D,dated 26 th September, 1975.

21 20 **Inserted by Government Notification No /B1/81/Food, dated 18 th February, Inserted as per Notification No /B1/90/F&Ccsd,dated 12 th April, 1994(S.R.O as per Notification No.7928/B1/94/F&Csd,dated 14 th May, 1996(S.R.O. No.422/96) (iv) If the Scheduled Tribe population in the Panchayath/ Municipality/Corporation Ward where an authorized retail distributor shop is to be reserved for Scheduled/Corporation ward as per the 1991 census, that vacancy shall be carried forward until a vacancy of an authorized retail distributor arises in the Districts in any other Panchayat/ municipality/corporation Ward where the Scheduled Tribe population is more than 15 of the total population. (v)every 20 th vacancy in the order of rotation specified under item(ii) in sub clause (2a) and intended to be filled up by appointing general candidates shall be filled up by appointments of candidates from physically handicapped person. Provided that if qualified candidates from among physically handicapped persons are not available for such appointment such vacancy shall also ne filled up by General Candidates. Explanation;- for the purpose of clause 45, physically handicapped mean having disability of 40 percent or more duly certified by the Medical Board, constituted by the Government. (3) The order appointing such retail distributor shall be made in the form prescribed by the Commissioner by notification in the Gazette. (4) After the issue of the order of appointment under sub clause (1), the authorized retail distributor shall be entitled to supply rationed article in accordance with this order in such areas as are specified in the order of The authorized retail distributor shall not deal in open market rice that supplied by the Kerala State Civil Supplies Corporation. *(a) **(b) The order appointing an authorized retail distributor under sub clause (4a) shall be made by the Government in the form prescribed by the Government by Notification in the Gazette. Inserted as per Notification No 7928/B1/94/F&Csd, dated 14 th May, 1996 (S.RO No Inserted by Government Notification No 6373/B1/77/F&Csd, dated 10 th October, 1977(S.R.O 17/78) *Inserted by the Government Notification No 2517/A2/69/F&Csd, dated 22 nd March 1969 and omitted by the Government Notification No 27408/B1/71/F&Csd, dated 25July **Inserted by the Government Notification No 757/A2/69/F&Csd, dated 3 rd June 1969.

22 21 (4) Every authorized retail distributor shall furnish to the Government an amount fixed by the Government as security in each case for the due performance of his work, (5) (6) Every authorized retail distributor shall execute an agreement with the Taluk Supply Officer in the form prescribed by the Commissioner by notification in the Gazette for the due performance of the conditions subject to which he has been so appointed. (6) Every authorized retail distributor shall give all reasonable facilities at alltime to the District Collector or any officer of the Civil supplies Department not below the rank of a Rationing inspector( ) (a) or any audit officer attached to the Civil Supplies Department, ( b) or the Commissioner of the Corporation or Municipality, (c) or the Executive Officer of the Guruvayoor Township or the Executive Officer of the Panchayat ( )(e) as the case may be, within whose jurisdiction the authorized retail depot is situated (to inspect the stocks and/or accounts) (f) in the shop. (a) The works or any officer of the Land Revenue Department not below the rank of a Revenue Inspector inserted vide Notification No /Fd. B5/67/Fd. D., dated 23 rd September, 1967 and the words or any Panchayat Executive Officer or any Municipal Commissioner inserted vide Notification No /B3/67/8/Fd. D., dated 5 th June, 1968 were omitted by Notification No /A2/70/Fd.D., dated 22 nd September,1971. (b) The words or any audit officer etc. inserted vide Notification No /A2/70/Fd. D., dated 24 th May, (c) The works or the Commissioner etc. inserted by Government Notification No. 1542/B1/80/Fdd, dated 13 th March, 1980 (S.R.O No. 273/80). (d) The works Executive Officer, Guruvayoor Township inserved by Government Notification No. 3367/B1/80/Food, dated 8 th July 1980 (S.R.O No. 827/80) (e) The works Range Officer etc. inserted as Government Notification No /81/B1/Food, dated 27 th January The words the Range Off9icer of the Forest Department in the Reserved Forest Area are omitted as per Notification No. G.O. (P) No. 42/95/F&CSD dated (S.R.O 141/95). (f) Substituted for the words to inspect the stocks and accounts vide Notification No /A2/70/Fd. D., dated 21 st May 1971.