Advocate Janender Mahajan

Questions Answered by Advocate Janender Mahajan

Q: Can a person have two ration cards in different states ?

Person has entered name of parents in ration card and they both live out of state I fear the parents will also have ration card in their respective state, can a person have two ration cards ? , how to complaint and what is the penalty ?

Advocate Janender Mahajan answered
The Ration Card though issued by the State Government under the civil supplies/Public Distribution System, regulated by the Central Government. As per the norms, the Ration Card is issued under different categories like BPL/APL for distribution of essential commodities through fair price shops under the PDS, and one the requirement is domicile. Therefore, one cannot avail this benefit twice especially in different states and it may amount to holding bogus ration card. Further although in practice the Ration Card is used as an identification proof ( I had emphasized this as an incidental use), use of the Ration Card as the proof of identification is also precluded under the Public Distribution System (Control) Order 2001. Also recently the Supreme Court has directed all the States to clamp down on bogus/fake ration card and has further directed persons having such cards to surrender forth with. vasudevan. the PDS (Control) Order 2001 is appended below. PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2001[1] GSR No.630(E)-Whereas the Central Government is of the opinion that it is necessary and expedient so to do for maintaining supplies and securing availability and distribution of essential commodities under the Public Distribution System; Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order, namely: - 1. Short title, extent and commencement:- (1) This order may be called the Public Distribution System (Control) Order, 2001. (2) It extends to the whole of India. (3) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions:- (a) 'Act' means the Essential Commodities Act, 1955 (10 of 1955); (b) “Appellate Authority” means an authority appointed as such by the State Government under Paragraph 7 of the Annexe to this Order; (c) ' authority' means any officer not below the rank of Inspector in the State Government dealing with Food and Civil Supplies; (d) 'Above Poverty Line Families' means those families who have been issued Above Poverty Line (APL) ration cards by the State Governments for issue of foodgrains under the Public Distribution System; (e) 'Antyodaya families' means those poorest families from amongst Below Poverty Line (BPL) families identified by the State Governments and entitled to receive foodgrains under the Antyodaya AnnaYojana; (f) 'authorised nominee' means the concerned Department of State Government or a Corporation or a company owned by it or a co-operative; (g) 'Below Poverty Line families' means those families who have been identified by the State Government for issue of foodgrains at specially subsidized rates adopting the estimates of poverty given by the Central Government; (h) 'eligible applicant' means an individual who is resident of a State and fulfills the conditions for getting a ration card as may be prescribed by the State Government; (i) 'essential commodities' means essential commodities as defined under the Act; (j) 'fair price shop' means a shop, which has been licensed to distribute essential commodities by an order issued under section 3 of the Act, to the ration card holders under the Public Distribution System; (k) 'fair price shop owner' means a person and includes a cooperative society or a corporation or a company of a State Government or a Gram Panchayat or any other body in whose name a shop has been licensed to distribute essential commodities under the Public Distribution System; (l) 'Public Distribution System' means the system for distribution of essential commodities to the ration cardholders through the fair price shops, such as rice, wheat, sugar, edible oils, kerosene and such other commodities as are notified by the Central Government under clause (a) of section 2 of the Act; (m) 'ration card' means a document issued under an order or authority of the State Government for the purchase of essential commodities under the Public Distribution System from the fair price shop; (n) 'State' includes a Union territory; (o) 'State Government' includes Administration of a Union territory; 3. Identification of families living below the poverty line: The State Governments shall identify families living Below Poverty Line as per paragraph 1 of the Annexe to this Order. 4. Ration Cards:. The State Government shall issue distinctive ration cards to Above Poverty Line, Below Poverty Line and Antyodaya families and shall conduct periodical review and checking of the ration cards as per paragraph 2 of the Annexe to this Order. 5. Scale of issue and issue price: The Central Government shall make available to the State Governments foodgrains for distribution under the Public Distribution System at such scales and prices as provided in paragraph 3 of the Annexe to this Order. 6. Distribution: (1) The procedure for distribution of foodgrains by the Food Corporation of India to the State Governments or their nominated agencies, shall be as per paragraph 4 of the Annexe to this Order. (2) Fair price shop owners shall take delivery of stocks from authorised nominees of the State Governments to ensure that essential commodities are available at the fair price shop within first week of the month for which the allotment is made. (3) The district authority entrusted with the responsibility of implementing the Public Distribution System shall ensure that the stocks allocated to the fair price shops are physically delivered to them by theauthorised nominee within the stipulated time. (4) The authority or any person authorised by it in this behalf or any other person, who is engaged in the distribution and handling of essential commodities under the Public Distribution System, shall not willfully indulge in substitution or adulteration or diversion or theft of stocks from Central godowns to fair price shop premises or at the premises of the fair price shop. Explanation For the purpose of this clause: (i) 'diversion' means unauthorized movement or delivery of essential commodities released from central godowns but not reaching the intended beneficiaries under the Public Distribution System. (ii) 'substitution' meansreplacement of essential commodities released from central godowns with the same articles of inferior quality for distribution to the intended beneficiaries under the Public Distribution System. 7. Licensing: (1) The procedure for issue of licenses or authorization to the fair price shops for the distribution of essential commodities under Public Distribution System and duties and responsibilities of the fair price shop owners shall be as per paragraph 5 of the Annexe to this Order. (2) The ration card holder shall not be denied the supply as per entitlement of the essential commodities, lying in stock, by the fair price shop owner under the Public Distribution System; (3) The fair price shop owner shall not retain ration cards after the supply of the essential commodities. (4) Any ration card holder desirous of obtaining extracts from the records of a fair price shop owner may make a written request to such owner along with deposit of the fee specified by the State Government. (4A) Within fourteen days from the date of receipt of a request and the specified fee under sub-clause (4), the fair price shop owner shall provide such extracts of records to the ration card holder. 8. Monitoring: The procedure for monitoring of the Public Distribution System including the functioning of the fair price shops by the State Governments shall be as per paragraph 6 of the Annexe to this Order. 9. Penalty: If any person contravenes any provisions of this Order under clauses 3,4,6 and 7, he shall be liable to punishment under Section 7 of the Act. 10. Power of search and seizure : (1) An authority authorised by State Government, shall be competent to inspect or summon such records or documents as may be considered by him necessary for examination and take extracts or copies of any records or documents produced before him. (2) If the said authority has reasons to believe on receipt of a complaint or otherwise that there has been any contravention of the provisions of this Order or with a view to securing compliance with this Order, he may enter, inspect or search the fair price shop or any premises relevant to transactions of business of the fair price shop. (3) The said authority may also search, seize or remove such books of accounts or stocks of essential commodities where such authority has reason to believe that these have been used or will be used in contravention of the provisions of this order. (3A) The authority conducting search and seizure under sub-clause (3) shall inform the State Government or an officer authorised by it in this behalf, the details of the search conducted and the stocks of essential commodities so seized by them under that clause. (4) The provisions of section 100 of the Code of Criminal Procedure 1973, relating to search and seizure shall so far as may be, apply to search and seizure under this Order. 11. Appeal: (1) All appeals shall lie before the Appellate Authority appointed under paragraph 7 of the Annexe to this Order (2) Any person aggrieved by an order of the designated authority denying the issue or renewal of a ration card or cancellation of the ration card may appeal to the Appellate Authority within thirty days of the date of receipt of the order. (3) Any person aggrieved by an order of the designated authority denying the issue or renewal of the licence to the fair price shop owner, or cancellation of the licence may appeal to the Appellate Authority within thirty days of the date of receipt of the order and the Appellate Authority shall, as far as practicable, dispose the appeal within a period of sixty days. (4) No such appeal shall be disposed of unless the aggrieved person has been given a reasonable opportunity of being heard. (5) Pending the disposal of an appeal, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed off, whichever is earlier. 12. Protection of action taken under Order: No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Order. 13. Power of Central Government to give directions: The Central Government may give such directions as it may deem necessary to State Government for execution of all or any of the provisions of this Order and the State Government shall comply with such directions. 14. Provisions of the Order to prevail over previous Orders of State Governments: The provisions of this Order shall have effect notwithstanding anything to the contrary contained in any Order made by a State Government or by an officer of such State Government before the commencement of this Order except as respects anything done, or omitted to be done thereunder before such commencement: (S.C. BRAHMA) JOINT SECRETARY TO THE GOVERNMENT OF INDIA Annexe to the Public Distribution System Control Order, 2001 [See clauses 3,4,5,6,7, 8,10 & 12] 1. Identification of families living below the poverty line: (1) State Governments shall formulate suitable guidelines for the purpose of identification of families living Below the Poverty Line (BPL), including the Antyodaya families, as per the estimates adopted by the Central Government. Care will be taken to ensure that the families so identified are really the poorest. The exercise of identification of BPL and Antyodaya families, wherever it has not been done already, shall be completed within three months of the issue of this Order. (2) State Governments shall get the lists of BPL and Antyodaya families reviewed every year for the purpose of deletion of ineligible families and inclusion of eligible families. (3) While undertaking the exercise of identification or review of BPL and Antyodaya families, each State Government shall prescribe a suitable proforma to be filled up by or on behalf of the head of a family. (4) The data provided in the prescribed proforma shall be verified by the authority designated by the State Government for the purpose. The said authority shall also certify the correctness of the information contained in the proforma. (5) Gram Sabhas shall finalise the list of beneficiaries belonging to BPL and Antyodaya categories drawn up by the designated authority in respect of the area under their respective jurisdiction. (6) Where there are no Gram Sabhas, the local representative bodies shall finalise the list of beneficiaries belonging to BPL and Antyodaya categories within their respective jurisdiction. (7) The designated authority of the State Government or the local representative bodies including Gram Sabhas and Gram Panchayats which have been entrusted with the task of identification of beneficiaries, shall verify and certify the information in the prescribed proforma for BPL and Antyodaya families. 2. Ration Cards: (1) State Governments shall ensure that no eligible applicant is denied a ration card under the Public Distribution System. (2) The ration card holder shall be entitled to draw essential commodities from a fair price shop on weekly basis. (3) State Government shall issue distinctive ration cards to APL, BPL and Antyodaya families. (4) The designated authority shall issue a ration card within one month of the date of receipt of the application after necessary checks and verification. (5) State Governments shall specify a timeframe for making additions or alterations in the ration card. In case this time limit is not adhered to, the reasons therefor shall be intimated to the applicant in writing. (6) State Government shall conduct periodical checking of ration cards to weed out ineligible and bogus ration cards and bogus units in ration cards. (7) A ration card shall be valid for a period of five years from the date of its issue unless it is suspended or cancelled earlier. A ration card shall be issued afresh or renewed after fresh verification of antecedents and such other checks as may be prescribed by the State Governments in this regard. (8) Elimination of bogus ration cards as well as bogus units in the ration cards shall be a continuous exercise by the State Governments to check diversion of essential commodities. (9) Ration cards shall not be used as documents of identity. 3. Scale of issue and issue price: (1) The Central Government shall make available to the State Governments foodgrains for distribution under the Public Distribution System to various categories of beneficiaries at such scales and prices, as may be specified from time to time. (2) The State Governments shall not divert the allocations made by the Central Government for distribution under the Public Distribution System. 4. Distribution: (1) The Food Corporation of India (FCI) or any other agency designated for the purpose by the Central Government shall ensure physical delivery of foodgrains of fair average quality to State Governments for distribution under the Public Distribution System, as per the allocations made by the Central Government, within two weeks of the receipt of payment from the State Governments and issue of release orders. (2) State Governments shall, on getting allocation of foodgrains from the Central Government, issue district-wise allocation orders authorising their agencies or nominees to draw foodgrains from the FCI within ten days of the receipt of allocation orders made by the Government of India (3) The designated authority of the State Government shall ensure delivery of one copy of allocation order made to the fair price shop simultaneously to Gram Panchayats or Nagar Palikas or Vigilance Committees or any other body nominated for monitoring the functioning of the fair price shops by the concerned State Government and such order shall specify:- (i) Number of cards and units; (ii) Balance in hand; and (iii) Allocation made for each month in respect of a fair price shop. (4) Gram Panchayats or Nagar Palikas or Vigilance Committees or any other body nominated for monitoring the functioning of the fair price shop by State Governments shall display the stocks of essential commodities allotted during the month to the fair price shops on a notice board outside their office. (5)While making monthly allocations to the fair price shops the designated authority of State Governments shall take into account the balance stock, if any, lying un-distributed with the fair price shop owners for the subsequent allocations. (6) State Governments shall make arrangements for taking delivery of essential commodities issued by the Central Government by their designated agencies or nominees from the FCI depots/godowns and ensure further delivery to the fair price shop within the first week of the month for which allocation is made. (7) Before making the payment to the FCI the representatives of State Governments or their nominees and the FCI shall conduct joint inspection of the stocks of foodgrains intended for issue to ensure that the stocks conform to the prescribed quality specifications. (8)The FCI shall issue to the State Governments stack-wise sealed samples of the stocks of foodgrains supplied to them for distribution under the Public Distribution System at the time of despatch. (9) State Governments shall exercise necessary checks to ensure that full quantity lifted by them reaches their godowns and in turn the fair price shops. (10) State Governments shall ensure that stocks of essential commodities under the Public Distribution System, as issued from the FCI godowns, are not replaced by stocks of inferior quality during storage, transit or any other stage till delivery to the ration card holder. 5. Licencing: State Governments shall issue an order under section 3 of the Act for regulating the sale and distribution of the essential commodities. The licenses to the fair price shop owners shall be issued under the said order by the `designated authority’ appointed by the State Government and the authority shall lay down the duties and responsibilities of the fair price shop owner. The responsibilities and duties of fair price shop owners shall include, inter alia: (i) sale of essential commodities as per the entitlement of ration card holders at the retail issue prices fixed by the concerned State Government under the Public Distribution System; (ii) display of information on a notice at a prominent place in the shop on daily basis regarding (a) list of BPL and Antodaya beneficiaries, (b) entitlement of essential commodities, (c) scale of issue, (d) retail issue prices, (e) timings of opening and closing of the fair price shop, (f) stock of essential commodities received during the month, (g) opening and closing stock of essential commodities and (h) the authority for redressal of grievances/lodging complaints with respect to quality and quantity of essential commodities under the Public Distribution System; (iii) maintenance of records of ration card holders (APL, BPL and Antyodaya), stock register, issue or sale register; (iv) furnishing of copies of specified documents, namely, ration card register, stock register, sale register to the office of the Gram Panchayat or Nagar Palika or Vigilance Committee or any other body authorized by State Governments for the purpose; (v) display of samples of foodgrains being supplied through the fair price shop; (vi) production of books and records relating to the allotment and distribution of essential commodities to the inspecting agency and furnishing of such information as may be called for by the designated authority; (vii) accountal of the actual distribution of essential commodities and the balance stock at the end of the month to the designated authority of the concerned State Government with a copy to the GramPanchayat; (viii) opening and closing of the fair price shop as per the prescribed timings displayed on the notice board. 6. Monitoring: (1) State Governments shall ensure a proper system of monitoring of fair price shops and prescribe model sale register, stock register and ration card register. (2) State Governments shall ensure regular inspections of fair price shops not less than once in six months by the designated authority. State Governments may issue orders specifying the inspection schedule, list of check points and the authority responsible for ensuring compliance with the said orders. (3) Meetings of the Vigilance Committees on the Public Distribution System at the State, District, Block and FPS level shall be held on a regular basis. The date and periodicity shall be notified by State Governments However, the periodicity shall not be less than one meeting a quarter at all levels. (4) State Governments shall ensure a periodic system of reporting and the complete information in this regard shall be sent in the prescribed form as follows: (i) By fair price shops to the District Authorities by the 7th of the month following the month for which allocation is made in Form ‘A’. (ii) By the District Authorities to State Government by the 15th of the month following the month for which allocation is made in Form ‘B’. (iii) By the State Government to the Central Government by the end of the month following the month for which allocation is made in Form ‘C’. (5) Future allocation of foodgrains to States shall be linked to the receipt of regular reports from the respective States and furnishing of utilization certificates by them within a period of two months from the month for which allocation is made. (6) State Governments shall ensure monitoring of the functioning of the Public Distribution System at the fair price shop level through the computer network of the NIC installed in the District NIC centers. For this purpose computerized codes shall be issued to each FPS in the district. (7) State Governments shall educate the ration card holders regarding their rights and privileges under the Public Distribution System by use of electronic and print media as well as display boards outside fair price shops. (8) State Governments shall issue and adopt the Citizen’s Charter based on the model Citizens Charter issued by the Central Government. (9) The designated authority shall direct the concerned fair price shop owner to provide relevant extracts of the documents maintained by him on an application made by a beneficiary, on payment of a prescribed fee. 7. Appellate Authority: The State Governments shall appoint an officer of that Government not below the rank of Additional District Magistrate of a District as “Appellate Authority” for exercising the powers conferred upon and discharging the functions assigned to him under this Order. Provided that an appeal pending before an appellate authority immediately before the commencement of the Public Distribution System (Control) Amendment Order, 2004 shall be disposed of by such authority as if this amendment had not taken place. [1] As amended by the Public Distribution System (Control) (Amendment) Order, 2004. Mon, Sep 20 05:20 PM New Delhi, Sep 20 (IANS) In a crackdown on bogus ration cards, t he central government Monday asked all those holding these counterfeit cards to surrender these or face prosecution. The move follows a Supreme Court direction. 'All the families or persons holding bogus and ineligible ration cards under the public distribution system are hereby warned to surrender the same to the concerned authorities forthwith, otherwise criminal prosecution shall be initiated against them,' a release of Delhi's consumer affairs, food and public distribution ministry said. The ministry said it has also written to the governments of all states and union territories apprising them of the Supreme Court's direction to authorities to weed out the bogus ration cards holders. The Supreme Court issued the direction Aug 31 while adjudicating a lawsuit on various maladies plaguing the public distribution system. The lawsuit, still pending with the court, was filed by the People's Union for Civil Liberties. All state governments and union territories have been asked to issue advertisements highlighting the apex court's directions and warning citizens that they would be liable to be prosecuted if they fail to surrender their bogus ration cards within two weeks of the publication of advertisement. The ministry release said the Public Distribution System (Control) Order, 2001, mandates all states and union territories to carry out all required action to ensure smooth functioning of PDS

Q: How to get refund of advance money from property seller

 I was purchasing a property for consideration of 7.50 lacs. So i have paid advance money of Rs.55k through cheque. But later on various issues come with property so i declined to seller to purchase property and demanded my advance money to refund due to following reasons: 1. There is passing high tension wire over the roof of property at the height of 7-8 feet. At the time of showing property the seller had said that there is no current in the wire and someone can catch the wire with hand but taking advance money he is now saying to stay carefully. 2. The property is on genreal power of attorney through multiple chain and further the person to whom name property is registered can not identified. 3. As per supreme court order no one can purchase or sell property through power of attorney. can it be ground for getting my advance money back .What legal action can I take?

Advocate Janender Mahajan answered
1. The refund or forfeiture of earnest money is governed by the sale agreement executed between the seller and prospective buyer. If the agreement mandates forfeiture the seller can forfeit it, but if it does not then the buyer is entitled to the refund of it in entirety.2. In your case as the reason of cancellation is the refusal of seller to take money through cheque, it follows that there is no unwillingness on your part to honour the agreement to sell. As a corollary thereto, you have the right to have the complete refund. Serve him a lawyer's notice to honour the agreement.

Q: Name change of Child in CBSE School Admission Register

My son admission record (Admission form & Admission Register) in the school has incorrect name of his mother, with one alphabet missing. The admission took place 3 years ago. Now at the time of Class 9th CBSE form filling, the school is not agreeing to change the name as they said that the admission details are already shared with CBSE & they are not allowed to make changes. The only option they said is to get a permission from CBSE or to get re-admission with all the charges & dues again. But every year at begining if each class, school asks us to fill new form for School ID card & my son school ID is showing the correct name of his mother. What to do in this case - is the school right or is it just an excuse to extract money from us? What are the other options that I might have?? Kindly help in this regard...

Advocate Janender Mahajan answered
Correction in name to the extent of correction in spelling errors,factual typographical errors in the Candidate’s name / Surname,Father’s name / Mother’s name or Guardian’s name to make itconsistent with what is given in the school record or list ofcandidates (LOC) submitted by the school may be made.Application for correction in name of Candidate/Father’s/Mother’s/Guardian’s name will be considered only within one year ofthe date of declaration of result provided the application of thecandidate is forwarded by the Head of Institution with thefollowing attested documents:i.True Copy of Admission form(s) filled in by the parents at thetime of admission duly attested by the Head of the concernedinstitutionii.True Copy of the School Leaving Certificate of the previousschool submitted by the parents of the candidate at the time ofadmission duly attested by the Head of the concerned institution.iii.True copy of the portion of the page of admission andwithdrawal register of the school where the entry has been made inrespect of the candidate, duly attested by the Head of the concernedinstitution.

Q: What is the legal recourse against forceful cancellation of marriage

We both are hindu. But due to intercast marriage my father in law forcibly cancelled my marriage registration with sign of my wife .How can I save my marriage

Advocate Janender Mahajan answered
Dear Sir,A valid legal marriage certificate can only be annulled by divorce. The person wanting divorce should prove the grounds for divorce as stipulated in the Hindu Marriage Act. if such situation arises in defense you may state that your wife is being pressurized by her parents and relatives to give false evidence against you and it would be better pursue your suit for Restitution of conjugal rights, in that very situation.

Q: Recovery of money for the professional services already provided

i am an interior designer.taken a consultancy project of client big brother we had taken a project on consultancy basis in which my role is to provides drawing.monitary items and coordination between client and vendor.my fees is 28 thousnd Payment mode is set by the client side both the parties are agree. Materials samples are cheque by the client before project is started. On last stage is whn the work is completed client id deny to take our calls and messages and saying he will not pay balance 1.75 lacks of the vendor and 28 th of my consultancy.saying he had cross check the material and measurement for third vendor which is not in the entire scene from the day one. we are saying to give proof of ur statement bt he deny to do so. we had a valid proof of ever stage.ie vendor company bills to client ,Rtgs done by client side to vendor rtgs telephonic recordings is vendor is asking me for payment. i dt want my fees now bt what is the legal advisable solution for vendor

Advocate Janender Mahajan answered
Dear Sir, You are firstly require to sent a legal notice to the person who is denying you the payment, whereby you will have to club your fee as well as the amount due to the vendor, and thereby calling upon him to make the payment within stipulated time period; secondly after expiration of the period mentioned in the legal notice, summary suit for recovery is require to be instituted.