GOVERNMENT OF KERALA
Law (Legislation-Publication) Department
NOTIFICATION
No. 9612/Leg.Pbn.2/2014/Law.
Dated, Thiruvananthapuram, 16th May 2014.
The following Act of Parliament published in the Gazette of India,
Extraordinary, Part II, Section I dated the 10th day of September, 2013 is hereby
republished for general information. The Bill as passed by the Houses of
Parliament received the assent of the President of India on the 10th day of
September, 2013.
By order of the Governor,
C. P. RAMARAJA PREMA PRASAD,
Law Secretary.
G. 25/2014/DTP (20).
Kerala Gazette No. 29 dated 22nd July 2014.
PART I
Section i
THE NATIONAL FOOD SECURITY ACT, 2013
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
2.
Definitions.
CHAPTER II
PROVISIONS FOR FOOD SECURITY
3.
Right to receive foodgrains at subsidised prices by persons belonging to
eligible households under Targeted Public Distribution System.
4.
Nutritional support to pregnant women and lactating mothers.
5.
Nutritional support to children.
6.
Prevention and management of child malnutrition.
7.
Implementation of schemes for realisation of entitlements.
CHAPTER III
FOOD SECURITY ALLOWANCE
8.
Right to receive food security allowance in certain cases.
CHAPTER IV
IDENTIFICATION OF ELIGIBLE HOUSEHOLDS
9.
Coverage of population under Targeted Public Distribution System.
10.
State Government to prepare guidelines and to identify priority
households.
11.
Publication and display of list of eligible households.
CHAPTER V
REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM
12.
Reforms in Targeted Public Distribution System.
CHAPTER VI
WOMEN EMPOWERMENT
13.
Women of eighteen years of age or above to be head of household for
purpose of issue of ration cards.
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CHAPTER VII
GRIEVANCE REDRESSAL MECHANISM
14.
Internal grievance redressal mechanism.
15.
District Grievance Redressal Officer.
16.
State Food Commission.
17.
Salary and allowances of Chairperson, Member, Member-Secretary and other
staff of State Commission.
18.
Designation of any Commission or body to function as State Commission.
19.
Joint State Food Commission.
20.
Powers relating to inquiries.
21.
Vacancies, etc., not to invalidate proceedings of State Commission.
CHAPTER VIII
OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY
22.
Central Government to allocate required quantity of foodgrains from central
pool to State Governments.
23.
Provisions for funds by Central Government to State Government in certain
cases.
CHAPTER IX
OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY
24.
Implementation and monitoring of schemes for ensuring food security.
CHAPTER X
OBLIGATIONS OF LOCAL AUTHORITIES
25.
Implementation of Targeted Public Distribution System by local authority in
their areas.
26.
Obligations of local authority.
CHAPTER XI
TRANSPARENCY AND ACCOUNTABILITY
27.
Disclosure of records of Targeted Public Distribution System.
28.
Conduct of social audit.
29.
Setting up of Vigilance Committees.
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CHAPTER XII
PROVISIONS FOR ADVANCING FOOD SECURITY
30.
Food security for people living in remote, hilly and tribal areas.
31.
Steps to further advance food and nutritional security.
CHAPTER XIII
MISCELLANEOUS
32.
Other welfare schemes.
33.
Penalties.
34.
Power to adjudicate.
35.
Power to delegate by Central Government and State Government.
36.
Act to have overriding effect.
37.
Power to amend Schedules.
38.
Power of Central Government to give directions.
39.
Power of Central Government to make rules.
40.
Power of State Government to make rules.
41.
Transitory provisions for schemes, guidelines, etc.
42.
Power to remove difficulties.
43.
Utilisation of institutional mechanism for other purposes.
44.
Force Majeure.
45.
Repeal and savings.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
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THE NATIONAL FOOD SECURITY ACT, 2013
(ACT NO. 20 OF 2013)
AN
ACT
to provide for food and nutritional security in human life cycle approach, by
ensuring access to adequate quantity of quality food at affordable prices to
people to live a life with dignity and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of india
as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be calIed the
National Food Security Act, 2013.
(2)
It extends to the whole of India.
(3)
Save as otherwise provided, it shall be deemed to have come into
force on the 5th day of July, 2013.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1)
“anganwadi” means a child care and development centre set
up under the Integrated Child Development Services Scheme of the Central
Government to render services covered under section 4, clause (a) of sub-
section (1) of section 5 and section 6;
(2)
“central pool” means the stock of foodgrains which is,—
(i)
procured by the Central Government and the State
Governments through minimum support price operations;
(ii) maintained for allocations under the Targeted Public
Distribution System, other welfare schemes, including calamity relief
and such other schemes;
(iii) kept as reserves for schemes referred to in sub-clause (ii);
(3)
“eligible households” means households covered under the
priority households and the Antyodaya Anna Yojana referred to in
sub-section (I) of section 3;
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(4)
“fair price shop” means a shop which has been licensed to
distribute essential commodities by an order issued under section 3 of
the Essential Commodities Act, 1955 (10 of 1955) to the ration card
holders under the Targeted Public Distribution System;
(5)
“foodgrains” means rice, wheat or coarse grains or any
combination thereof conforming to such quality norms as may be
determined, by order, by the Central Government from time to time;
(6)
“food security” means the supply of the entitled quantity of
foodgrains and meal specified under Chapter II;
(7)
“food security allowance” means the amount of money to be
paid by the concerned State Government to the entitled persons under
section 8;
(8)
“local authority” includes Panchayat, municipality, district board,
cantonment board, town planning authority and in the States of Assam,
Manipur, Meghalaya, Mizoram, Nagaland and Tripura where Panchayats
do not exist, the village council or committee or any other body, by
whatever name called, which is authorised under the Constitution or any
law for the time being in force for self-governance or any other authority
or body vested with the control and management of civic services,
within a specified local area;
(9)
“meal” means hot cooked or pre-cooked and heated before its
service meal or take home ration, as may be prescribed by the Central
Government;
(10) “minimum support price” means the assured price announced
by the Central Government at which foodgrains are procured from
farmers by the Central Government and the State Governments and their
agencies, for the central pool;
(11) “notification” means a notification issued under this Act and
published in the Official Gazette;
(12) “other welfare schemes” means such Government schemes, in
addition to the Targeted Public Distribution System, under which
foodgrains or meals are supplied as part of the schemes;
(13) “person with disability” means a person defined as such in
clause (t) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
(1 of 1996);
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(14) “priority households” means households identified as such
under section 10;
(15) “prescribed” means prescribed by rules made under this Act;
(16) “ration card” means a document issued under an order or
authority of the State Government for the purchase of essential
commodities from the fair price shops under the Targeted Public
Distribution System;
(17) “rural area” means any area in a State except those areas
covered by any urban local body or a cantonment board established or
constituted under any law for the time being in force;
(18) “Schedule” means a Schedule appended to this Act;
(19) “senior citizen” means a person defined as such under clause
(h) of section 2 of the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (56 of 2007);
(20) “social audit” means the process in which people collectively
monitor and evaluate the planning and implementation of a programme or
scheme;
(21) “State Commission” means the State Food Commission
constituted under section 16;
(22) “State Government”, in relation to a Union territory, means the
Administrator thereof appointed under article 239 of the Constitution;
(23) “Targeted Public Distribution System” means the system for
distribution of essential commodities to the ration card holders through
fair price shops;
(24) “Vigilance Committee” means a committee constituted under
section 29 to supervise the implementation of all schemes under this
Act;
(25) the words and expressions not defined here but defined in the
Essential Commodities Act, 1955 (10 of 1955), or any other relevant Act
shall have the meaning respectively assigned to them in those Acts.
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CHAPTER II
PROVISIONS FOR FOOD SECURITY
3. Right to receive foodgrains at subsidised prices by persons belonging
to eligible households under Targeted Public Distribution System.—(1) Every
person belonging to priority households, identified under sub-section (1) of
section 10, shall be entitled to receive five kilograms of foodgrains per person
per month at subsidised prices specified in Schedule I from the State
Government under the Targeted Public Distribution System:
Provided that the households covered under Antyodaya Anna Yojana shall,
to such extent as may be specified by the Central Government for each State in
the said scheme, be entitled to thirty-five kilograms of foodgrains per household
per month at the prices specified in Schedule I:
Provided further that if annual allocation of foodgrains to any State under
the Act is less than the average annual off take of foodgrains for last three
years under normal Targeted Public Distribution System, the same shall be
protected at prices as may be determined by the Central Government and the
State shall be allocated foodgrains as specified in Schedule IV.
Explanation.—For the purpose of this section, the “Antyodaya Anna
Yojana” means, the scheme by the said name launched by the Central
Government on the 25th day of December, 2000; and as modified from time to
time.
(2) The entitlements of the persons belonging to the eligible households
referred to in sub-section (1) at subsidised prices shall extend up to seventy-
five per cent. of the rural population and up to fifty per cent. of the urban
population.
(3) Subject to sub-section (1), the State Government may provide to the
persons belonging to eligible households, wheat flour in lieu of the entitled
quantity of foodgrains in accordance with such guidelines as may be specified
by the Central Government.
4. Nutritional support to pregnant women and lactating mothers.—
Subject to such schemes as may be framed by the Central Government, every
pregnant woman and lactating mother shall be entitled to—
(a) meal, free of charge, during pregnancy and six months after the
child birth, through the local anganwadi, so as to meet the nutritional
standards specified in Schedule II; and
8
(b) maternity benefit of not less than rupees six thousand, in such
instalments as may be prescribed by the Central Government:
Provided that all pregnant women and lactating mothers in regular
employment with the Central Government or State Governments or Public
Sector Undertakings or those who are in receipt of similar benefits under
any law for the time being in force shall not be entitled to benefits specified
in clause (b).
5. Nutritional support to children.—(1) Subject to the provisions
contained in clause (b), every child up to the age of fourteen years shall have
the following entitlements for his nutritional needs, namely:—
(a) in the case of children in the age group of six months to six
years, age appropriate meal, free of charge, through the local anganwadi
so as to meet the nutritional standards specified in Schedule II:
Provided that for children below the age of six months, exclusive breast
feeding shall be promoted;
(b) in the case of children, up to class VIII or within the age group
of six to fourteen years, whichever is applicable, one mid-day meal, free
of charge, everyday, except on school holidays, in all schools run by
local bodies, Government and Government aided schools, so as to meet
the nutritional standards specified in Schedule II.
(2) Every school, referred to in clause (b) of sub-section (1), and
anganwadi shall have facilities for cooking meals, drinking water and sanitation:
Provided that in urban areas facilities of centralised kitchens for cooking
meals may be used, wherever required, as per the guidelines issued by the
Central Government.
6. Prevention and management of child malnutrition.—The State
Government shall, through the local anganwadi, identify and provide meals, free
of charge, to children who suffer from malnutrition, so as to meet the nutritional
standards specified in Schedule II.
7. Implementation of schemes for realisation of entitlements.—The State
Governments shall implement schemes covering entitlements under sections 4, 5
and section 6 in accordance with the guidelines, including cost sharing,
between the Central Government and the State Governments in such manner as
may be prescribed by the Central Government.
9
G. 25/2014/DTP (20).
CHAPTER III
FOOD SECURITY ALLOWANCE
8.
Right to receive food security allowance in certain cases.—In case of
non-supply of the entitled quantities of foodgrains or meals to entitled persons
under Chapter II, such persons shall be entitled to receive such food security
allowance from the concerned State Government to be paid to each person,
within such time and manner as may be prescribed by the Central Government.
CHAPTER IV
IDENTIFICATION Of ELIGIBLE HOUSEHOLDS
9. Coverage of population under Targeted Public Distribution System.—
The percentage coverage under the Targeted Public Distribution System in rural
and urban areas for each State shall, subject to sub-section (2) of section 3, be
determined by the Central Government and the total number of persons to be
covered in such rural and urban areas of the State shall be calculated on the
basis of the population estimates as per the census of which the relevant figures
have been published.
10. State Government to prepare guidelines and to identify priority
households.—(1) The State Government shall, within the number of persons
determined under section 9 for the rural and urban areas, identify—
(a) the households to be covered under the Antyodaya Anna
Yojana to the extent specified under sub-section (1) of section 3, in
accordance with the guidelines applicable to the said scheme;
(b) the remaining households as priority households to be covered
under the Targeted Public Distribution System, in accordance with such
guidelines as the State Government may specify:
Provided that the State Government may, as soon as possible, but
within such period not exceeding three hundred and sixty-five days, after the
commencement of the Act, identify the eligible households in accordance
with the guidelines framed under this sub-section:
Provided further that the State Government shall continue to receive the
allocation of foodgrains from the Central Government under the existing
Targeted Public Distribution System, till the identification of such households
is complete.
10
(2) The State Government shall update the list of eligible households,
within the number of persons determined under section 9 for the rural and urban
areas, in accordance with the guidelines framed under sub-section (1).
11. Publication and display of list of eligible households.—The State
Government shall place the list of the identified eligible households in the public
domain and display it prominently.
CHAPTER V
REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM
12. Reforms in Targeted Public Distribution System.—(1) The Central and
State Governments shall endeavour to progressively undertake necessary reforms
in the Targeted Public Distribution System in consonance with the role
envisaged for them in this Act.
(2) The reforms shall, inter alia, include—
(a) doorstep delivery of foodgrains to the Targeted Public
Distribution System outlets;
(b) application of information and communication technology tools
including end-to-end computerisation in order to ensure transparent
recording of transactions at all levels, and to prevent diversion;
(c) leveraging “aadhaar” for unique identification, with biometric
information of entitled beneficiaries for proper targeting of benefits
under this Act;
(d) full transparency of records;
(e) preference to public institutions or public bodies such as
Panchayats, self-help groups, co-operatives, in licensing of fair price
shops and management of fair price shops by women or their
collectives;
(f)
diversification of commodities distributed under the Public
Distribution System over a period of time;
(g) support to local public distribution models and grains banks;
(h) introducing schemes, such as, cash transfer, food coupons, or
other schemes, to the targeted beneficiaries in order to ensure their
foodgrain entitlements specified in Chapter II, in such area and manner
as may be prescribed by the Central Government.
11
CHAPTER VI
WOMEN EMPOWERMENT
13. Women of eighteen years of age or above to be head of household for
purpose of issue of ration cards.—(1) The eldest woman who is not less than
eighteen years of age, in every eligible household, shall be head of the
household for the purpose of issue of ration cards.
(2) Where a household at any time does not have a woman or a woman of
eighteen years of age or above, but has a female member below the age of
eighteen years, then, the eldest male member of the household shall be the head
of the household for the purpose of issue of ration card and the female member,
on attaining the age of eighteen years, shall become the head of the household
for such ration cards in place of such male member.
CHAPTER VII
GRIEVANCE REDRESSAL MECHANISM
14. Internal grievance redressal mechanism.—Every State Government
shall put in place an internal grievance redressal mechanism which may include
call centres, help lines, designation of nodal officers, or such other mechanism as
may be prescribed.
15. District Grievance Redressal Officer.—(1) The State Government shall
appoint or designate, for each district, an officer to be the Distict Grievance
Redressal Officer for expeditious and effective redressal of grievances of the
aggrieved persons in matters relating to distribution of entitled foodgrains or
meals under Chapter II, and to enforce the entitlements under this Act.
(2) The qualifications for appointment as District Grievance Redressal
Officer and its powers shall be such as may be prescribed by the State
Government.
(3) The method and terms and conditions of appointment of the District
Grievance Redressal Officer shall be such as may be prescribed by the State
Government.
(4) The State Government shall provide for the salary and allowances of
the District Grievance Redressal Officer and other staff and such other
expenditure as may be considered necessary for their proper functioning.
12
(5) The officer referred to in sub-section (1) shall hear complaints
regarding non-distribution of entitled foodgrains or meals, and matters relating
thereto, and take necessary action for their redressal in such manner and within
such time as may be prescribed by the State Government.
(6) Any complainant or the officer or authority against whom any order
has been passed by officer referred to in sub-section (1), who is not satisfied
with the redressal of grievance may file an appeal against such order before the
State Commission.
(7) Every appeal under sub-section (6) shall be filed in such manner and
within such time as may be prescribed by the State Government.
16. State Food Commission.—(1) Every State Government shall, by
notification, constitute a State Food Commission for the purpose of monitoring
and review of implementation of this Act.
(2) The State Commission shall consist of—
(a) a Chairperson;
(b) five other Members; and
(c) a Member-Secretary, who shall be an officer of the State
Government not below the rank of Joint Secretary to that Government:
Provided that there shall be at least two women, whether
Chairperson, Member or Member-Secretary:
Provided further that there shall be one person belonging to the
Scheduled Castes and one person belonging to the Scheduled Tribes,
whether Chairperson, Member or Member-Secretary.
(3) The Chairperson and other Members shall be appointed from amongst
persons—
(a) who are or have been member of the All India Services or any
other civil services of the Union or State or holding a civil post under the
Union or State having knowledge and experience in matters relating to food
security, policy making and administration in the field of agriculture, civil
supplies, nutrition, health or any allied field; or
(b) of eminence in public life with wide knowledge and experience in
agriculture, law, human rights, social service, management, nutrition, health,
food policy or public administration; or
13
(c) who have a proven record of work relating to the improvement of
the food and nutrition rights of the poor.
(4) The Chairperson and every other Member shall hold office for a term
not exceeding five years from the date on which he enters upon his office and
shall be eligible for reappointment:
Provided that no person shall hold office as the Chairperson or other
Member after he has attained the age of sixty-five years.
(5) The method of appointment and other terms and conditions subject to
which the Chairperson, other Members and Member-Secretary of the State
Commission may be appointed, and time, place and procedure of meetings of the
State Commission (including the quorum at such meetings) and its powers, shall
be such as may be prescribed by the State Government.
(6) The State Commission shall undertake the following functions,
namely:—
(a) monitor and evaluate the implementation of this Act, in relation to
the State;
(b) either suo motu or on receipt of complaint inquire into violations of
entitlements provided under Chapter II;
(c) give advice to the State Government on effective implementation of
this Act;
(d) give advice to the State Government, their agencies, autonomous
bodies as well as non-governmental organisations involved in delivery of
relevant services, for the effective implementation of food and nutrition
related schemes, to enable individuals to fully access their entitlements
specified in this Act;
(e) hear appeals against orders of the District Grievance Redressal
Officer;
(f) prepare annual reports which shall be laid before the State
Legislature by the State Government.
(7) The State Government shall make available to the State Commission,
such administrative and technical staff, as it may consider necessary for proper
functioning of the State Commission.
(8) The method of appointment of the staff under sub-section (7), their
salaries, allowances and conditions of service shall be such, as may be
prescribed by the State Govemment.
14
(9) The State Government may remove from office the Chairperson or any
Member who—
(a) is, or at any time has been, adjudged as an insolvent; or
(b) has become physically or mentally incapable of acting as a member; or
(c) has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a member; or
(e) has so abused his position as to render his continuation in office
detrimental to the public interest.
(10) No such Chairperson or Member shall be removed under clause (d)
or clause (e) of sub-section (9) unless he has been given a reasonable
opportunity of being heard in the matter.
17. Salary and allowances of Chairperson, Member, Member-Secretary and
other staff of State Commission.—The State Government shall provide for salary
and allowances of Chairperson, other Members, Member-Secretary, support staff,
and other administrative expenses required for proper functioning of the State
Commission.
18. Designation of any Commission or body to function as State
Commission.—The State Government may, if considers it necessary, by
notification, designate any statutory commission or a body to exercise the
powers and perform the functions of the State Commission referred to in section 16.
19. Joint State Food Commission.—Notwithstanding anything contained in
sub-section (1) of section 16, two or more States may have a Joint State Food
Commission for the purposes of this Act with the approval of the Central
Government.
20. Powers relating to inquiries.—(1) The State Commission shall, while
inquiring into any matter referred to in clauses (b) and (e) of sub-section (6) of
section 16, have all the powers of a civil court while trying a suit under the
Code of Civil Procedure, 1908 (5 of 1908), and, in particular, in respect of the
following matters, namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) discovery and production of any document;
15
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) The State Commission shall have the power to forward any case to a
Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused
as if the case has been forwarded to him under section 346 of the Code of
Criminal Procedure, 1973 (2 of 1974).
21. Vacancies, etc., not to invalidate proceedings of State Commission.—
No act or proceeding of the State Commission shall be invalid merely by
reason of—
(a) any vacancy in, or any defect in the constitution of, the State
Commission; or
(b) any defect in the appointment of a person as the Chairperson or a
Member of the State Commission; or
(c) any irregularity in the procedure of the State Commission not
affecting the merits of the case.
CHAPTER VIII
OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY
22. Central Government to allocate required quantity of foodgrains from
central pool to State Government.—(1) The Central Government shall, for
ensuring the regular supply of foodgrains to persons belonging to eligible
households, allocate from the central pool the required quantity of foodgrains to
the State Governments under the Targeted Public Distribution System, as per the
entitlements under section 3 and at prices specified in Schedule I.
(2) The Central Government shall allocate food grains in accordance with
the number of persons belonging to the eligible households identified in each
State under section 10.
(3) The Central Government shall provide foodgrains in respect of
entitlements under sections 4, 5 and section 6, to the State Governments, at
prices specified for the persons belonging to eligible households in Schedule I.
16
(4) Without prejudice to sub-section (1), the Central Government shall,—
(a) procure foodgrains for the central pool through its own agencies
and the State Governments and their agencies;
(b) allocate foodgrains to the States;
(c) provide for transportation of foodgrains, as per allocation, to the
depots designated by the Central Government in each State;
(d) provide assistance to the State Government in meeting the
expenditure incurred by it towards intra-State movement, handling of
foodgrains and margins paid to fair price shop dealers, in accordance with
such norms and manner as may be prescribed by the Central Government;
and
(e) create and maintain required modern and scientific storage facilities
at various levels.
23. Provisions for funds by Central Government to State Government in
certain cases.—In case of short supply of foodgrains from the central pool to a
State, the Central Government shall provide funds to the extent of short supply
to the State Government for meeting obligations under Chapter II in such manner
as may be prescribed by the Central Government.
CHAPTER IX
OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY
24. Implementation and monitoring of schemes for ensuring food
security.—(1) The State Government shall be responsible for implementation
and monitoring of the schemes of various Ministries and Departments of the
Central Government in accordance with guidelines issued by the Central
Government for each scheme, and their own schemes, for ensuring food security
to the targeted beneficiaries in their State.
(2) Under the Targeted Public Distribution System, it shall be the duty of
the State Government to—
(a) take delivery of foodgrains from the designated depots of the
Central Government in the State, at the prices specified in Schedule I,
organise intra-State allocations for delivery of the allocated foodgrains
through their authorised agencies at the door-step of each fair price shop;
and
(b) ensure actual delivery or supply of the foodgrains to the entitled
persons at the prices specified in Schedule I.
17
G. 25/2014/DTP (20).
(3) For foodgrain requirements in respect of entitlements under sections 4,
5 and section 6, it shall be the responsibility of the State Government to take
delivery of foodgrains from the designated depots of the Central Government in
the State, at the prices specified in Schedule I for persons belonging to eligible
households and ensure actual delivery of entitled benefits, as specified in the
aforesaid sections.
(4) In case of non-supply of the entitled quantities of foodgrains or meals
to entitled persons under Chapter II, the State Government shall be responsible
for payment of food security allowance specified in section 8.
(5) For efficient operations of the Targeted Public Distribution System,
every State Government shall,—
(a) create and maintain scientific storage facilities at the State, District
and Block levels, being sufficient to accommodate foodgrains required under
the Targeted Public Distribution System and other food based welfare
schemes;
(b) suitably strengthen capacities of their Food and Civil Supplies
Corporations and other designated agencies;
(c) establish institutionalised licensing arrangements for fair price shops
in accordance with the relevant provisions of the Public Distribution
System (Control) Order, 2001 made under the Essential Commodities Act,
1955 (10 of 1955), as amended from time to time.
CHAPTER X
OBLIGATIONS OF LOCAL AUTHORITIES
25. Implementation of targeted Public Distribution System by local
authority in their areas.—(1) The local authorities shall be responsible for the
proper implementation of this Act in their respective areas.
(2) Without prejudice to sub-section (1), the State Government may assign,
by notification, additional responsibilities for implementation of the Targeted
Public Distribution System to the local authority.
26. Obligations of local authority.—In implementing different schemes of
the Ministries and Departments of the Central Government and the State
Governments, prepared to implement provisions of this Act, the local authorities
shall be responsible for discharging such duties and responsibilities as may be
assigned to them, by notification, by the respective State Governments.
18
CHAPTER XI
TRANSPARENCY AND ACCOUNTABILITY
27. Disclosure of records of targeted Public Distribution System.—All
Targeted Public Distribution System related records shall be placed in the public
domain and kept open for inspection to the public, in such manner as may be
prescribed by the State Government.
28. Conduct of social audit.—(1) Every local authority, or any other
authority or body, as may be authorised by the State Government, shall conduct
or cause to be conducted, periodic social audits on the functioning of fair price
shops, Targeted Public Distribution System and other welfare schemes, and
cause to publicise its findings and take necessary action, in such manner as may
be prescribed by the State Government.
(2) The Central Government may, if it considers necessary, conduct or
cause to be conducted social audit through independent agencies having
experience in conduct of such audits.
29. Setting up of Vigilance Committees.—(1) For ensuring transparency
and proper functioning of the Targeted Public Distribution System and
accountability of the functionaries in such system, every State Government shall
set up Vigilance Committees as specified in the Public Distribution System
(Control) Order, 2001, made under the Essential Commodities Act, 1955
(10 of 1955), as amended from time to time, at the State, District, Block and fair
price shop levels consisting of such persons, as may be prescribed by the State
Government giving due representation to the local authorities, the Scheduled
Castes, the Scheduled Tribes, women and destitute persons or persons with
disability.
(2) The Vigilance Committees shall perform the following functions,
namely:—
(a) regularly supervise the implementation of all schemes under this
Act;
(b) inform the District Grievance Redressal Officer, in writing, of any
violation of the provisions of this Act; and
(c) inform the District Grievance Redressal Officer, in writing, of any
malpractice or misappropriation of funds found by it.
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CHAPTER XII
PROVISIONS FOR ADVANCING FOOD SECURITY
30. Food security for people living in remote, hilly and tribal areas.—The
Central Government and the State Governments shall, while implementing the
provisions of this Act and the schemes for meeting specified entitlements, give
special focus to the needs of the vulnerable groups especially in remote areas
and other areas which are difficult to access, hilly and tribal areas for ensuring
their food security.
31. Steps to further advance food and nutritional security.—The Central
Government, the State Governments and local authorities shall, for the purpose
of advancing food and nutritional security, strive to progressively realise the
objectives specified in Schedule III.
CHAPTER XIII
MISCELLANEOUS
32. Other welfare schemes.—(1) The provisions of this Act shall not
preclude the Central Government or the State Government from continuing or
formulating other food based welfare schemes.
(2) Notwithstanding anything contained in this Act, the State Government
may, continue with or formulate food or nutrition based plans or schemes
providing for benefits higher than the benefits provided under this Act, from its
own resources.
33. Penalties.—Any public servant or authority found guilty, by the State
Commission at the time of deciding any complaint or appeal, of failing to provide
the relief recommended by the District Grievance Redressal Officer, without
reasonable cause, or wilfully ignoring such recommendation, shall be liable to
penalty not exceeding five thousand rupees:
Provided that the public servant or the public authority, as the case may be,
shall be given a reasonable opportunity of being heard before any penalty is
imposed.
34. Power to adjudicate.—(1) For the purpose of adjudging penalty under
section 33, the State Commission shall authorise any of its member to be an
adjudicating officer for holding an inquiry in the prescribed manner after giving
any person concerned a reasonable opportunity of being heard for the purpose
of imposing any penalty.
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(2) While holding an inquiry the adjudicating officer shall have power to
summon and enforce the attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any document
which in the opinion of the adjudicating officer, may be useful for or relevant to
the subject matter of the inquiry and if, on such inquiry, he is satisfied that the
person has failed to provide the relief recommended by the District Grievance
Redressal Officer, without reasonable cause, or wilfully ignored such
recommendation, he may impose such penalty as he thinks fit in accordance
with the provisions of section 33.
35. Power to delegate by Central Government and State Government.—
(1) The Central Government may, by notification, direct that the powers
exercisable by it (except the power to make rules), in such circumstances and
subject to such conditions and limitations, be exercisable also by the State
Government or an officer subordinate to the Central Government or the State
Government as it may specify in the notification.
(2) The State Government may, by notification, direct that the powers
exercisable by it (except the power to make rules), in such circumstances and
subject to such conditions and limitations, be exercisable also by an officer
subordinate to it as it may specify in the notification.
36. Act to have overriding effect.—The provisions of this Act or the
schemes made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or
in any instrument having effect by virtue of such law.
37. Power to amend Schedules.—(1) If the Central Government is satisfied
that it is necessary or expedient so to do, it may, by notification, amend
Schedule I or Schedule II or Schedule III or Schedule IV and thereupon Schedule
I or Schedule II or Schedule III or Schedule IV, as the case may be, shall be
deemed to have been amended accordingly.
(2) A copy of every notification issued under sub-section (1), shall be laid
before each House of Parliament as soon as may be after it is issued.
38. Power of Central Government to give directions.—The Central
Government may, from time to time, give such directions, as it may consider
necessary, to the State Governments for the effective implementation of the
provisions of this Act and the State Governments shall comply with such
directions.
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39. Power of Central Government to make rules.—(1) The Central
Government may, in consultation with the State Governments and by notification,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) scheme including cost sharing for providing maternity benefit to
pregnant women and lactating mothers under clause (b) of section 4;
(b) schemes covering entitlements under sections 4, 5 and section 6
including cost sharing under section 7;
(c) amount, time and manner of payment of food security allowance to
entitled individuals under section 8;
(d) introducing schemes of cash transfer, food coupons or other
schemes to the targeted beneficiaries in order to ensure their foodgrains
entitlements in such areas and manner under clause (h) of sub-section (2)
of section 12;
(e) the norms and manner of providing assistance to the State
Governments in meeting expenditure under clause (d) of sub-section (4) of
section 22;
(f) manner in which funds shall be provided by the Central
Government to the State Governments in case of short supply of foodgrains,
under section 23;
(g) any other matter which is to be, or may be, prescribed or in
respect of which provision is to be made by the Central Government by
rules.
(3) Every rule made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
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40. Power of State Government to make rules.—(1) The State Government
may, by notification, and subject to the condition of previous publication, and
consistent with this Act and the rules made by the Central Government, make
rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) guidelines for identification of priority households under sub-
section (1) of section 10;
(b) internal grievance redressal mechanism under section 14;
(c) qualifications for appointment as District Grievance Redressal Officer
and its powers under sub-section (2) of section 15;
(d) method and terms and conditions of appointment of the District
Grievance Redressal Officer under sub-section (3) of section 15;
(e) manner and time limit for hearing complaints by the District
Grievance Redressal Officer and the filing of appeals under sub-sections
(5) and (7) of section 15;
(f)
method of appointment and the terms and conditions of
appointment of Chairperson, other Members and Member-Secretary of the
State Commission, procedure for meetings of the Commission and its
powers, under sub-section (5) of section 16;
(g) method of appointment of staff of the State Commission, their
salaries, allowances and conditions of service under sub-section (8) of
section 16;
(h) manner in which the Targeted Public Distribution System related
records shall be placed in the public domain and kept open for inspection
to public under section 27;
(i) manner in which the social audit on the functioning of fair price
shops, Targeted Public Distribution System and other welfare schemes shall
be conducted under section 28;
(j) composition of Vigilance Committees under sub-section (1) of
section 29;
(k) schemes or programmes of the Central Government or the State
Governments for utilisation of institutional mechanism under section 43;
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(l) any other matter which is to be, or may be, prescribed or in
respect of which provision is to be made by the State Government by
rules.
(3) Every rule, notification and guidelines made or issued by the State
Government under this Act shall, as soon as may be after it is made or issued,
be laid before each House of the State Legislature where there are two Houses,
and where there is one House of the State Legislature, before that House.
41. Transitory provisions for schemes, guidlines, etc.—The schemes,
guidelines, orders and food standard, grievance redressal mechanism, vigilance
committees, existing on the date of commencement of this Act, shall continue to
be in force and operate till such schemes, guidelines, orders and food standard,
grievance redressal mechanism, vigilance committees are specified or notified
under this Act or the rules made thereunder:
Provided that anything done or any action taken under the said schemes,
guidelines, orders and food standard, grievance redressal mechanism, or by
vigilance committees shall be deemed to have been done or taken under the
corresponding provisions of this Act and shall continue to be in force
accordingly unless and until superseded by anything done or by any action
taken under this Act.
42. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order,
published in the Official Gazette, make such provisions, not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no order shall be made under this section after the expiry of
two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.
43. Utilisation of institutional mechanism for other purposes.—The
services of authorities to be appointed or constituted under sections 15 and 16
may be utilised in the implementation of other schemes or programmes of the
Central Government or the State Governments, as may be prescribed by the State
Government.
44. Force Majeure.—The Central Government, or as the case may be, the
State Government, shall be liable for a claim by any person entitled under this
Act, except in the case of war, flood, drought, fire, cyclone or earthquake
affecting the regular supply of foodgrains or meals to such person under this Act:
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Provided that the Central Government may, in consultation with the Planning
Commission, declare whether or not any such situation affecting the regular
supply of foodgrains or meals to such person has arisen or exists.
45. Repeal and savings.—(1) The National Food Security Ordinance, 2013
(Ord. 7 of 2013) is hereby repealed.
(2) Notwithstanding such repeal,—
(a) anything done, any action taken or any identification of eligible
households made; or
(b) any right, entitlement, privilege, obligation or liability acquired,
accrued or incurred; or
(c) any guidelines framed or directions issued; or
(d) any investigation, inquiry or any other legal proceeding initiated,
conducted or continued in respect of such right, entitlement, privilege,
obligation or liability as aforesaid; or
(e) any penalty imposed in respect of any offence,
under the said Ordinance shall be deemed to have been done, taken, made,
acquired, accrued, incurred, framed, issued, initiated, conducted, continued
or imposed under the corresponding provisions of this Act.
SCHEDULE I
[See sections 3 (1), 22 (1), (3) and 24 (2), (3)]
SUBSIDISED PRICES UNDER TARGETED PUBLIC DISTRIBUTION SYSTEM
Eligible households shall be entitled to foodgrains under section 3 at the
subsidised price not exceeding rupees 3 per kg for rice, rupees 2 per kg for
wheat and rupee 1 per kg for coarse grains for a period of three years from the
date of commencement of this Act; and thereafter, at such price, as may be fixed
by the Central Government, from time to time, not exceeding,—
(i) the minimum support price for wheat and coarse grains; and
(ii) the derived minimum support price for rice,
as the case may be.
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G. 25/2014/DTP (20).
SCHEDULE II
[See sections 4 (a), 5 (1) and 6]
NUTRITIONAL STANDARDS
Nutritional standards:—The nutritional standards for children in the age
group of 6 months to 3 years, age group of 3 to 6 years and pregnant women
and lactating mothers required to be met by providing “Take Home Rations” or
nutritious hot cooked meal in accordance with the Integrated Child Development
Services Scheme and nutritional standards for children in lower and upper
primary classes under the Mid Day Meal Scheme are as follows:
Serial
Category
Type of
Calories
Protein
number
meal2
(Kcal)
(g)
1
2
3
4
5
1
Children (6 months to
Take Home Ration
500
12-15
3 years)
2
Children (3 to 6 years)
Morning Snack and
500
12-15
Hot Cooked Meal
3
Children (6 months to
Take Home Ration
800
20-25
6 years) who are
malnourished
4
Lower primary classes
Hot Cooked Meal
450
12
5
Upper primary classes
Hot Cooked Meal
700
20
6
Pregnant women and
Take Home Ration
600
18-20
Lactating mothers
SCHEDULE III
(See section 31)
PROVISIONS FOR ADVANCING FOOD SECURITY
(1) Revitalisation of Agriculture—
(a) agrarian reforms through measures for securing interests of small
and marginal farmers;
(b) increase in investments in agriculture, including research and
development, extension services, micro and minor irrigation and power to
increase productivity and production;
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