The Jammu Kashmir admin has notified rules for the Jammu Kashmir Targeted Public Distribution System (Control) Order, 2023’.
In October, The Administrative Council (AC) which met here under the chairmanship of the Lieutenant Governor, Manoj Sinha, approved ‘The Jammu and Kashmir Targeted Public Distribution System (Control) Order’.
‘The Jammu Kashmir Targeted Public Distribution System (Control) Order, is a reform in the existing system and permits diversification of commodities & services other than those distributed under the TPDS at FPS, which will, besides making FPSs economically viable, will help in putting an end to leakage/pilferage, the admin said.
In a copy of the order, of which a copy is available with THe Kashmiriyat, The JK admin has said that the Government shall issue ration card to the following households; i) who fulfills the conditions for getting a ration card as per the policy & instructions issued by the Government from time to time. ii) who falls within the criteria prescribed in rule 3 of the J&K Food Security rules,2021.
Ration cards shall contain its number, the address of the household, name, age, monthly income of the head of the household and the members included therein and their relation with the head of household and name and the number of the Fair Price Shop in which the ration card holder is registered, the particulars of the issuing authority and such other details as may be decided by the Government from time to time. The ration card shall be in the card format or book format or electronic format as may be decided by the Government from time to time.
As per the order, Notwithstanding anything contained in any of the provisions of this Order, specific card or permit may be issued to the inmates of destitute homes, convents, ashrams, yatheemkhanas or like establishments for availing food grains, if any, decided to be distributed to them under the National Food Security Act or any specific scheme by the Central/State Government without reference to the term “household” as defined in the Rules.
The entitlement, eligibility and other particulars of the card may be decided by the Government from time to time, read te order
Tehsil Supply Officer/Area Inspector to be the designated authority —{1) The Tehsil Supply Officer/Area Inspector shall be authorized to receive, register, acknowledge and process the application for issuance of ration card or modification in the ration card within his rationing area.
The Tehsil Supply Officer/Area Inspector may, on receipt of such application and after such enquiry as he considers necessary shall issue or modify the ration card.
Application for ration card and other ration card related services.—(1) An application by the domicile of Jammu & Kashmir for a new ration card or modification in the existing ration card or various ration card related services may be presented directly by the head of the household with photograph to the Tehsil Supply Officer of the rationing area concerned or through online as may be prescribed, on payment of the fees as fixed by the Government from time to time.
Modification in the existing ration card may be made on account of shifting of residence, birth or death, change in category of beneficiary, corrections in the
details mentioned in the card or any other such reasons.
Any ration card holder shall draw food grains from any fair price shop, read the order.
Whenever the inter-state/Union Territory portability is available, Priority House Holds (National Food Security Act ration card holder) may buy food grains from any fair price shop in any State/UT and vice versa through Aadhaar authentication, under One Nation One Ration Card (ONORC). However, any beneficiary of J&K under any category can avail his entitlement of ration under portability in any district of the J&K.
No person shall obtain or attempt to obtain a ration card by furnishing false information, the order read.
No person shall willfully alter or destroy, deface any of the entries on the ration card. If the holder of a ration card finds that some other person has, without lawful authority to do so, made an alteration on the ration card affecting its validity or the quantity or the kind of food grains obtainable on it, the holder of such ration card shall forthwith report the fact to the Tehsil Supply Officer concemed.
Every ration card issued under this Order shall be the property of the Government but the person to whom it is issued under the provisions of this Order shall be responsible for its safe custody.
In case of employees of Central or State Government, Public Sector Under Takings, Cooperative sector, Government aided autonomous bodies and local bodies,
departmental disciplinary proceedings against such employees, shall also be instituted; Suspension or cancellation of ration card; Recovery of the loss sustained by
Government, at the rate decided by the Government from time to time.
The Department shall conduct regular checking of ration cards to weed out ineligible and bogus ration cards and bogus members in ration cards. This shall be a continuous exercise and the department shall organize special drives every year to eliminate bogus and ineligible ration cards as well as bogus members in the ration cards.
The Assistant Director, Tehsil Supply Officer and Area Inspector shall be the responsible officers under this clause in the district, Tehsil and Circle respectively.
The Director or any officer of the Department not below the rank of the Tehsil Supply Officer may at any time whether at the request of the person to whom any ration card has been issued or suo motu, after making such enquiry as may be deemed necessary and after giving the person an opportunity of being heard and for reasons to be
recorded in writing, add to, amend, vary, suspend, cancel or revoke the ration card. Where any ration card is revoked, any person in possession of it shall forthwith surrender the same to the concerned office.
For the purpose of obtaining any food grains, the Assistant Director concerned may issue ration permit to establishments such as welfare institutions, hostels and other institutions recognized by the Government, for the purpose, if any.
The quantity and price of food grains obtainable by an authorized Establishment/Institution shall be as per guidelines notified by Gol from time to time or in consultation with the Finance Department in respect of schemes notified by the Government of Jammu Kashmir.
Application for ration permit—Any person requiring ration permit under sub-clause (1) of clause 14 may apply to the Assistant Director of the District concerned. The Assistant Director may make or cause to be made, such enquiry as he deems fit, for verification of the information furnished by the applicant and with the ecommendation of the concerned Dy. Commissioner issue ration permit in the name of the authorized establishment proprietor, on payment of fee & on such terms
and conditions as may be specified by the Government in consultation with the Finance Department.
As per the order, New Fair Price Shops shall be opened in each Panchayat/Municipal Ward/ULB as far as possible. The area of operation of such Fair Price Shop shall be the Panchayat/Municipal Ward/ULB as the case may be.
The number of Fair Price Shops to be opened shall be based on the population of the Panchayat/ Municipal Ward/ULB.
The admin has also notified the criteria for the Selection of Dealer for running Fair Price Shops.
A local unemployed educated individual will be eligible to apply for a Fair Price Shop license; The Applicant should have good character and antecedents to be certified by an officer not below the rank of Station House Officer of concerned Police Station; The Applicant should be medically fit, to be certified by a medical officer, under his seal and stamp after proper medical examination, for discharging his duties as a FPS dealer;
He/she should be a domicile of J&K and voter of the respective Panchayat/Municipal Ward/ULB as the case may be, where FPS is to be opened. The applicant should not be less than 18 years of age and more than 45 years of age. However, relaxation of 2 years in the upper age limit shall be provided to the candidate who falls under any of the notified reserved category.
An individual should have minimum qualification of matriculation from any recognized Board.
No Fair Price Shop shall have more than 1500 souls & less than 200 ration cards in Rural Areas and not more than 2000 souls & less than 300 ration cards in Urban
Areas. Upper limit of number of Ration Cards and Souls in a Fair Price Shop and their distance limits shall be indicative and same will be appropriately considered
during the process of rationalization, the order read.
A fair price shop license shall be non-transferrable except, in case of death or incapacitation due to accident or life consuming disease (duly certified by a competent Medical Authority) of a Fair Price Shop’s licensee under the age of 65 years, his shop may be allotted to his/her dependent family member in consultation with the concerned Gram Sabha’ Ward Committee/Municipal Committee as the case may be, provided such person should be eligible as per the provisions of this Order.The application in this regard shall be entertained, if submitted within three (3) months from the date of death of the licensee by his dependent in the prescribed form. If granted, such a fair price shop license shall be a new license, but if any member of the family of the deceased licensee is a
government servant or holds a post of profit in the Government, such a family shall not get this benefit.
Any ration document holder desirous of obtaining copy of extracts from the records of a fair price shop owner, may make a written request to the FPS owner and the copy of requested records shall be provided to the applicant within fourteen days from the date of receipt of the request by receiving payment of Rs.2 (Rupees Two only) per page or the actual cost of copying whichever is lesser.
The Deputy Commissioner or any officer of the Department not below the rank of an Area Inspector, within his jurisdiction or any officer duly authorized on this
behalf by the Government/Director/Deputy Commissioner or an officer of and above the rank of Assistant Director, with a view to securing compliance with the provisions of this Order or has reasons to believe on receipt of a complaint or otherwise that there has been any contravention of the provisions of this Order or to satisfy himself that this Order or any order relating to Targeted Public Distribution System issued by Central Government or J&K Government has been complied with, may:—
(a) Enter, inspect, break open or search any place or premises being made use of or suspected to be made use of by the Authorised Agency, fair price shop owner, transporter, or any other person;
(b) 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 the movement of food grains;
(c) Inspect any books of account or other documents or any stock of the food grains used or suspected to be used in the course of business by the Authorised Agency, fair price shop owner, transporter, or any other person;
(d) Seize or remove any such books of accounts or other documents, which in his opinion would be useful for or relevant to any proceedings under the Act or this Order;
(e) Take samples of the food grains and seize or remove any of the stocks of the food grains along with packages, coverings, or receptacles in which food grains are found or the animals, vessels, boats or other conveyances used in carrying such food grains for which he has reason to believe
that it has been or is being or is about to be used in contravention of this Order and thereafter to take or authorize the taking of all measures necessary for securing the production of items so seized before the appropriate Court having jurisdiction under the provisions of the Act, and for their safe custody pending such production.
The Assistant Director concerned shall ensure inspection of at least 10% of the Fair Price Shops in his jurisdiction every month either himself or by constituting a team of officials in consultation with the Deputy Commissioner and obtain a report of inspection, accordingly. Concerned TSO/Inspector shall also inspect at least 20% of the FP Shops every month and report such inspection to Assistant Director concerned, Protection of action taken under this Order in good faith.
The order read that, No suit, prosecution, other legal proceeding shall lie against any person for anything which is done or intended to be done in good faith in pursuance of this Order.
The Government may, from time to time give such directions as it deems necessary for execution of all or any of the provisions of this Order or to further streamline the PDS.