(i) In the case of an order passed by the Commissioner to the

(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 other 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 sub-clause (11) be
final.
(11) The Commissioner may either suo motu or on application, call for and
examine the records of any order passed by a subordinate authority under the
provisions of this clause, for the purpose of satisfying himself as to the legality or to
the property of such order and may,(a)
(b)
(c)
(d)
confirm, modify or set aside the order;
impose any penalty or set aside, reduce, confirm or enhance the
penalty imposed by the order;
remit the case to the authority which made the order or any other
authority directing such further action or enquiry as the Commissioner
considers proper in the circumstances of the case; or
pass such other order as the Commissioner may deem fit:
*
“Provided that the power under this sub-clause shall not be exercised,-
(i)
such order;
Suo motu, after the expiry of six months from the date of service of
(ii)
On application, if the application has been filed after the expiry of
sixty days from the date of such order;”
**
Provided further that the Commissioner may entertain application under this
sub-clause after the expiry of the said period, if he is satisfied that the applicant had
sufficient cause for not submitting the application in time:
Provided further that no order to the disadvantage of a person shall be passed
under this sub clause unless the person concerned is given an opportunity of making
any representation which he may wish to make against such order “and an opportunity
of hearing him in person”.*
(12) When an order of appointment issued under this clause to a wholesale
distributor is cancelled or suspended, the stocks or rationed articles available with him
at the time of such cancellation or suspension shall be disposed of in accordance with
the directions of the officer ordering such cancellation or suspension.
*
Substituted by Government Notification No. 11168/B1/80/Food, dated 3rd November, 1980.
Inserted by Notification No. 16144/B1/75/Fd. D., dated 2nd June, 1976.
*
Inserted by Government Notification No. 4640/B1/81/Food., dated 19 th May, 1981.
**
(13) Notwithstanding anything contained in this order where an authorized
wholesale distributor has been convicted by a court of law in respect of contravention
of any of the provisions of this Order or any other Order made under section 3 of the
Essential Commodities Act, 1955 (Central Act 10 of 1955) relating to foodstuffs
including edible oil seeds and oils, the District Collector may, by order in writing,
cancel his order of appointment :
Provided that where such conviction is set aside in appeal or revision, the
District Collector may, on application by the person whose order of appointment has
been cancelled, re-issue the order of appointment to such person.
(14) Every authorized wholesale distributor shall take adequate measures to
ensure that the rationed articles stored by him are maintained in proper conditions and
that damages to rationed articles due to ground moisture, rain, insects, rodents, birds,
fire and such other causes are avoided. Suitable dunnage shall be used to avoid
damage from ground moisture and food grains shall be fumigated with chemicals
approved for the purpose by person who have undergone practical training in that
regard. He shall also ensure that fertilizers, insecticides and poisonous chemicals
likely to contaminate food grains are not stored along with food grains in the same
godown or immediate juxtaposition of food grains stocks.
**
51A.
(1) Notwithstanding anything contained in clause 51 or any
contract to the contrary, if at any time, the Government are of opinion that in the
interest of the general public, it is necessary or expedient so to do, the Government
may, by general or special order, cancel the appointment of any or all or any class of
authorised wholesale distributors after giving an opportunity to such distributor or
distributors of being heard; and such order of the Government shall be final.
(2)
When the appointment of any authorized wholesale distributor or
authorized wholesale distributors is cancelled under sub-clause (1) the stocks of
rationed articles available with him or them at the time of such cancellation shall be
disposed of in accordance with the directions of the Government.
*
51B. (1)
Notwithstanding anything contained in any of the provisions of
this Order, it shall be open to the Government if in its opinion it is necessary or
expedient so to do in the interest of the general public to enter into any agreement
with the Food Corporation of India for the distribution and supply of rationed articles
to retail dealers in the whole or any part or area of the State on such terms and
conditions as may be agreed upon and to terminate any such agreement or alter the
area of operation of the Food Corporation of India in regard to the distribution and
supply of rationed articles at any time the Government is of the opinion, that in the
interest of the general public it is necessary or expedient so to do. The Food
Corporation of India shall, on such appointment by agreement be entitled to supply
rationed articles in accordance with this order in such areas as are specified by
directions issued by Government from time to time in accordance with the agreement.
**
Inserted vide Government Notification No. 15662/B5/67/Fd.D., dated 19 th September, 1967
published in Kerala Gazette Extraordinary No. 188 dated 19 th September, 1967.
*
Inserted vide Government Notification No. 737/A2/68-5/Food., dated 27th January, 1968 published in
Kerala Gazette Extra-ordinary No. 26, dated 27th January, 1968.
(2)
The Food Corporation of India appointed under such agreement shall
be subject to such control by and supervision of the Government from time to time as
may be specified in such agreement in regard to the distribution and supply of the
rationed articles in the State. Nothing contained in clause 51 of this Order shall apply
to the Food Corporation of India.
52.
An authorized wholesale distributor shall issue rationed articles only
on a ration authority or permit. For every issue a delivery note shall be prepared in
triplicate, one copy of which shall be forwarded to the Taluk Supply Officer along
with the daily stock return, another copy shall be given to the purchaser and the third
copy shall be kept with himself.
53.
(1)
On demand and offer of price and against the cancellation of
such authority or appropriate space in the permit as authorized wholesale distributor
shall supply to the holder of the authority or permit the rationed article in quantities
specified on such authority or permit.
**
(2) Every authorized wholesale distributor hall maintain correct weights
and measures of all denominations and shall get the instruments used for weighment
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 whose jurisdiction the wholesale depot is situated. the
quantity of rationed articles issued on authorities or permits shall be on a correct
weighment as per the authority or permit.
54.
Every authorized wholesale distributor shall comply with all general or
special directions that may be given to him in writing from time to time, by the
District Collector or any Officer of the Civil Supplies Department not below the rank
of a Taluk Supply Officer* (………………….) concerning the manner in which and
the condition subject to which any rationed article, in respect of which he has been
appointed as wholesale distributor, may be supplied or obtained of kept for
distribution.
**
55. Every authorized wholesale distributor shall supply rationed articles
only during such hours as shall be fixed by the Commissioner and at the prices, fixed
by the Civil Supplies Department for each item of rationed articles from time to time.
The authorized wholesale distributor shall not realize any price or any charges in
excess of what is fixed by the Civil Supplies Department by way of handling charges
etc., from the authorized retailed distributors and permit holders.
56.
An authorized wholesale distributor shall supply rationed articles only
to such authorized retail distributors and authorized establishment proprietor as may
be attached to him in this behalf by order in writing by the District Collector or any
officer of the Civil Supplies Department not below the rank of a Taluk Supply Officer
or on special permits issued under clause 42.
**
Inserted by the Government Notification No. 16899/A2/68/Fd. D., dated 4 th January, 1969.
The words ‘or any officer of the Land Revenue Department not below the rank of a Tahsildar’
omitted by Notification No. 29603/A2/70/Fd. D., dated 22nd September, 1971.
**
Substituted by Notification No. 12653/B1/75, dated 2 nd June, 1976.
*
57.
Every authorized wholesale distributor shall be bound to take delivery
and arrange for the movement of such quantities of rationed articles as may be allotted
to him by the District Collector the District Supply Officer or the Taluk Supply
Officer by an order in writing, from such godown and within the time as may be
specified in such order.
58.
Every authorized wholesale distributor shall maintain a stock register
of all rationed articles and such other accounts and registers in such forms as may be
prescribed by the Commissioner by notification in the Gazette.
*
59. (1)
The District Collector or any officer of the Civil Supplies
Department not below the rank of a Rationing Inspector** […………] or any other
officer authorized by the District Collector in this behalf may within his jurisdiction,
with a view to securing compliance with the provisions of his order or to satisfy
himself that the said provisions have been complied with,(a) inspect any books of accounts or other documents maintained by an
authorized establishment proprietor or authorized retail distributor or
authorized wholesale distributor in the course of business or any stock of
rationed articles in his possession or under his control:
(b) seize any such books of accounts or other documents, which in his opinion
would be useful for, or relevant to any proceedings under this order;
(c) stop and search any person or animal, vessel or vehicle or any other
conveyance or receptacle engaged or used or intended to be engaged or
used for or the movement of rationed articles;
(d) enter and search any premises or places where any of the authorities
specified in this sub-clause has reason to believe that rationed articles
belonging to or in the possession or under the control of any authorized
establishment proprietor or any authorized retail distributor or any
authorized wholesale distributor is stored or kept;
(e) seize the stock of rationed articles in respect of which any of the
authorities specified in this sub-clause has reason to believe that any
provision of this order has been, is being or is about to be contravened,
along with the packages, coverings or receptacles in which such paddy or
rice is found for the animals, vessels, vehicles, boats or other conveyances
used in carrying such rationed articles and thereafter take all measures
necessary for securing the production of the stock of rationed articles
along with the packages, coverings, receptacles, animals, vehicles vessels
or other conveyance so seized, before the appropriate Court and for their
safe custody pending such production.
Explanation:- “Appropriate Court” in this sub-clause shall mean such Court as
is specified in or under the Essential Commodities Act, 1955 in which proceedings
would lie for contravention of the provisions of this order and shall also include the
*
Substituted by Notification No. 22519/B3/67-9/Fd. D., dated 5th June, 1968 published in Kerala
Gazette Extraordinary No. 122, dated 5th June, 1968.
**
The words “or any officer of the Land Revenue Department not below the rank of a Revenue
Inspector or any Panchayat Executive Officer or any Municipal Commissioner” omitted by
Government Notification No. 29603/A2/70/Fd. D., dated 22nd September, 1971.
Collector of the District referred to in section 6-A of the Essential Commodities Act,
1955.
(2)
The provision of the Code of Criminal Procedure, 1898 (Central Act 5
of 1898) relating to search and seizure shall, so far as may be, apply to search and
seizure under this clause.
(3)
Where any of the authorities specified in sub-clause (1) effect any
seizure under the said sub-clause, he shall prepare forthwith an inventory of the
articles or materials seized and shall also issue a receipt for the same.
(4)
Any books of accounts or other document seized, under the provisions
of sub-clause (1) shall be returned to the person from whom they were seized not later
than sixty days from the date of seizure, after taking copies thereof for extracts there
from, if necessary, provided that the person from whom they are so seized certifies as
the such copies or extracts before taking such books of accounts or other documents.
(5)
Every person who is so required by any officer specified in sub-clause
(1) shall allow access to the premises, provide facilities to inspect, deliver such article
or article seized, stop the vehicle, boat or animal, answer truthfully all questions asked
of him give it in writing if so required and produce the documents in possession or
under this control.
60.
A ration document shall not be used for obtaining any rationed article
except by or on behalf of the person to whom such document was issued.
61.
Every ration document issued under this order shall be the property of
the Government, but the person to whom it is issued of surrendered or with whom it is
retained under the provisions of this order shall be entitled to its custody and shall be
responsible for its safe custody.
62.
If any ration document other than a rationcard be defaced, lost or
destroyed the officer empowered to issue such documents under the provisions of this
order, may after making such enquiry as he may think fit and levying a fee of two
rupees by way of Court Fee labels, issue a new ration document in place thereof.
Every person to whom a new ration document has been issued, shall if he
subsequently finds the lost ration document, forthwith return the latter document to
the said officer.
63.
to himself.
No person shall transfer to any other person a ration document issued
64.
When any person is in possession of a ration document and such
possession is not authorized by virtue of this order, he shall forthwith deliver the same
to the officer-in-charge of the nearest Taluk Supply office.
65.
In any case where any ration document is required to be cancelled
under 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 otherwise) or by
means of indelible pencil, and shall upon such cancellation cease to be available for
lawful use.
66.
Any authorized wholesale distributor, authorized retail distributor or
authorized establishment proprietor, shall, when so required by general or special
directions, by the District Collector or any officer of the Civil Supplies Department
not below the rank of a Taluk Supply Officer *[……………].
(a)
deliver to him all coupons and other authorities and 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, any
rationed article as may be required.
67.
Notwithstanding anything contained in this order, the Government may
if they are satisfied that it is necessary or expedient so to do in the public interest
authorize the Commissioner, subject to such conditions as may be specified by them
in this behalf, for the distribution of any rationed article otherwise than on a ration
document and whether or not for household consumption or establishment
consumption or for the purpose of an establishment other than establishment
consumption.
68.
A person shall not-
(a)
for the purpose of obtaining any rationed article make any
statement with he knows to be false in any material particular or recklessly make any
statement which is false in any material particular or attempt to obtain any rationed
article by such false or reckless statement;
(b)
without lawful authority alter or deface any ration document.
(c)
personate or falsely represent himself to be the person to whom
such ration document has been issued or applies;
(d)
fail to comply with any lawful directions issued by or under the
directions of the Commissioner or the Government with regard to a ration document
in his possession or custody;
(e)
obtain or use of attempt to obtain or use any ration document
when he has no right to obtain or use; and
*
(f)
(i)
be in possession of any ration document so made as to
resemble or colourably to imitate any ration document or any forged, or altered ration
document ; or
(ii)
use or attempt to use for the purpose of obtaining any
rationed articles for himself or for any other person any ration document so made as
*
The words “or any officer of the land Revenue Department not below the rank of a Tahsildar”
inserted by Government Notification No. 13582/Fd. B5/67/Fd., dated 23 rd September, 1967 and
omitted by Government Notification No. 29603/A2/70/Fd. D., dated 22 nd September, 1971.
*
Substituted by Notification No. 10146/B1/75/Food, dated 26 th September, 1975.
to resemble or colourably to imitate any ration document or any forged or altered
ration document.
69.
The Government may if they are satisfied that it is necessary or
expedient so to do in the public interest exempt any person or class of persons from
the operation of all or any of the provisions of this order and may at any time suspend
or cancel such exemption.
70.
The Commissioner of Civil Supplies may call for and examine the
records of any order passed by any subordinate authority under the provisions of this
order other than clauses 45 and 51 thereof, for the purpose of satisfying himself as to
the legality or to the property of such order and may pass such order in reference
thereto as the Commissioner may deem fit:
Provided that no order to the disadvantage of a person shall be passed under
this clause unless the person concerned is given an opportunity of making any
representation which he may wish to make against such order, @ “and also an
opportunity for hearing in person”.
71. †The Government may, either suo motu or on application from any
person, call for and examine the records of any order passed by the Commissioner or
any other subordinate authority under the provisions of this order for the purpose of
satisfying themselves as to the legality or to the property of such order ** and may
pass such interlocutory orders as are deemed necessary and also pass such final orders
in reference to the record as the Government may deem fit:
*
Provided that no order to the disadvantage of person shall be passed under this
clause unless the person concerned is given an opportunity of making any
representation which he may wish to make against such order @ “and also an
opportunity for hearing him in person”.
(By order of the Governor)
G. THOMAS
Secretary to Government (Food)
@
Inserted by Government Order No. 4640/71/B1/Food, dated 21 st May, 1931.
Inserted as per Government Order No. 4640/B1/81/Food, dated 19 th May, 1981.
†
The words † “The Government may call for and examine the records” and the words “**and may
pass such orders in reference thereto” deleted-amendments inserted as per Notification No. G. O.(P)
No. 15/94/F&CSD, dated 22.03.1994 (SRO No. 423/94).
*