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GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF CIVIL SUPPLIES AND CONSUMER AFFAIRS

(G.O. Ms. No. 11, Puducherry, dated 26th October 2017)

NOTIFICATION

Whereas, the following draft rules on Food Security is published to

invite views/suggestions from the general public. The views/suggestions

if any, shall be submitted to the Director, Department of Civil Supplies

and Consumer Affairs, Thattanchavady, Puducherry within 15 days from

the date of publication in the Official Gazette :-

1. Short title and commencement.— (1) These rules may be called

the Puducherry Food Security Rules, 2017.

(2) They shall come into force on the date of their publication

in the Official Gazette.

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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2017 } | 26 {

No. 62 Poudouchéry Jeudi

Octobre

2017

No.

Puducherry

Thursday

26th

October

2017

( 4 Kartika 1939 )

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2. Definitions.— (1) In these rules, unless the context otherwise

requires,

(a) “Act” means the National Food Security Act, 2013

(No. 20 of 2013);

(b) “Commission” means State Food Commission constituted

for the Union territory of Puducherry under sub-section (1) of

section 16 of the Act;

of Puducherry appointed under Article 239 of the Constitution;

(d) “Priority Household” means those category of households

as mentioned in rule 3(1).

(2) All other words and expressions used but not defined in

these rules shall have the same meaning as assigned to them in the Act.

3. Identification of Priority households.— (1) Identification of

Priority household shall be based upon inclusion and exclusion criteria

to be determined by the Government from time to time:

(i) The following category of households which do not possess

any of the exclusion criteria indicated in sub-rule (2) will be automatically

included in the priority Group:

(a) The homeless households;

(b) Households where Head of the family is a disabled

person;

(unmarried/separated/deserted);

(d) All households of landless agricultural laborers;

(e) All households of small farmers;

(f) All households living in katcha houses ;

(g) Occupationally vulnerable households where the main

source of income is from:

(i)

Manual casual labour;

(ii)

Part-time or full-time domestic service;

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(iii)

Foraging/Rag picking;

(iv)

Begging/Charity/Alms collection;

(v)

Unorganised daily wage labours;

(vi)

Street vendors/cobblers/hawkers/other service providers

working on streets;

(vii)

Construction workers/plumber/mason/labour/painter/

welder/security guard/coolie/load man/watchman/

gatekeeper/washerman/hairstylist;

(viii)

Sweeper/Sanitation worker;

(ix)

Home-based worker/artisan/handicrafts worker/tailor;

(x)

Transport worker/driver/conductor/helpers to drivers

and conductors/cart puller/rickshaw puller;

(xi)

Shop worker/assistant/peon in small establishment/

helper/delivery assistant/attendant/waiter;

(xii)

Electrician/mechanic/assembler/repair worker;

(xiii)

Washermen.

(2) The following will be automatically excluded:-

(a) Members of Parliament and Members of Legislative

Assembly;

(b) Employees of Group ‘A’ and ‘B’ categories working in

Government of India, State Governments and Union Territories

or its Boards/Corporations/Enterprises/Undertakings, Municipal

Corporations, Municipal Councils, Municipal Committees,

Improvement Trusts, Universities, Government aided Educational

Institutions, etc.;

(d) Owners of heavy vehicles;

4. Procedure for finalisation of list of Priority Households.—

(1) Preparation of Fair Price Shop-wise draft list of Priority Households

from among the AAY and BPL families by the Office of the Department

of Civil Supplies and Consumer Affairs.

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(2) Display of the draft list of Priority Households in respective

Fair Price Shops and website of the Department of Civil Supplies and

Consumer Affairs.

(3) Any household who is not satisfied with their status or that

of others, believing wrong inclusion in the list or wrong exclusion from

the list, as the case may be, can approach the Office of the Department

of Civil Supplies and Consumer Affairs and make claims with appropriate

documentary evidence.

(4) Households not satisfied with their status and decision of

Department of Civil Supplies and Consumer Affairs on their

representation will have the right to appeal to the District Grievance

Redressal Officer.

(5) Once the list of Priority Households is finalised and

published, the list shall be valid for 3 years or for further extension

period as notified by the State Government:

Provided that by this time, if, any Priority Household got

economically upgraded or the said household lost the eligibility

to enjoy such status, and if, in this regard any complaint is

lodged by anybody, or such information is received by the Office

of the Civil Supplies and Consumer Affairs, shall take necessary

action on the information and shall change the status of the

household if necessary.

(6) The criteria for identification of Priority Households may be

changed as and when required.

5. Implementation of Direct Benefit Transfer.— Food subsidy shall

be transferred to the Bank Account of the entitled households as per

the provision of Cash Transfer of Food Subsidy Rules, 2015.

6. Internal Grievance Redressal Mechanism.— (i) The Government

of Puducherry shall nominate Nodal Officer at District and Region levels

to receive complaints from the beneficiaries of the welfare schemes under

the Act;

(ii) Any beneficiary or institution can lodge complaint with

concerned Nodal Officer at his/her Office in writing or through electronic

mode. Every complaint so received shall be assigned unique complaint

number with date and informed to the complainant;

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(iii) After verification of facts by the concerned Nodal Officer

of the State Government about the complaint received necessary action

for its disposal shall be completed within 30 days from receipt of the

complaint.

7. District Grievance Redressal Officer.—

(i) Designation of District Grievance Redressal Officer

The Government designates the following Officers as District

Grievance Redressal Officer (DGRO):

District Grievance Redressal Officer (DGRO)

District/Region

District Collector, Puducherry

Puducherry

District Collector, Karaikal

Karaikal

Regional Administrator, Mahe

Mahe

Regional Administrator, Yanam

Yanam

The Government shall, immediately on appointment or

designation of District Grievance Redressal Officers,-

(a) give wide publicity through newspaper and other means

about District Grievance Redressal Officers, including name,

address, telephone number, e-mail address, facsimile number and

other means of contacting him, in respect of each District/Region

for which the District Grievance Redressal Officer has been

appointed or designated, and thereafter, repeat it at regular

intervals:

Provided that in case of any change in the District

Grievance Redressal Officer, his address and telephone

number, e-mail address, facsimile number and other means of

contacting him, shall be suitably intimated to the public.

(b) display, at each Office of the Civil Supplies and Consumer

Affairs, Fair Price Shops, Schools, Anganwadis, other public

places, website and at the Office of the Grievance Redressal

Officer and the State Food Commission, the name of the District

Grievance Redressal Officers, their addresses and telephone

numbers, e-mail addresses, facsimile numbers and other means

of contacting them, in respect of each District/Region for which

the District Grievance Redressal Officer has been appointed or

designated.

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(ii) Procedure for registering complaints

(a) Any aggrieved person may file and register his complaint

with the District Grievance Redressal Officer in writing or

through e-mail or by dropping their written grievance in

grievance boxes at the Office of DGROs, Department of Civil

Supplies and Consumer Affairs and select fair price shops.

(b) The complaint shall be of non receipt of entitled food

subsidy or non distribution of food grains or meals under chapter II

of the NFSA or of the quality of the foodgrains or matters

relating thereof.

to retrieve the complaints and immediate action shall be taken

for their redressal.

(d) Complaints shall be filled with specific details and contact

information of the complainant. No anonymous complaint shall

be entertained.

(e) Where a complainant is unable to make a complaint is

unable to make a complaint in writing, the DGRO shall render

all reasonable assistance to the person making the request orally

to reduce the same in writing.

(f) All complaints shall be assigned unique complaint number

with date and informed to the complainant.

(iii) Procedure for disposal of complaints

(a) For every complaint received, the DGRO shall verify

whether there is a prima-facie substance in the complaint to

proceed in the matter.

(b) If the DGRO is satisfied, that there is prima-facie

substance in the complaint, he shall seek explanation in the

matter form Concerned Officer or person or agency against

whom complaint has been made, along with relevant documents.

The requisite explanation and documents shall be furnished by

the Concerned Officer or person or agency against whom

complaint has been made, to the DGRO, within fifteen days.

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or agency against whom complaint has been made, and the

available documents, if the DGRO is satisfied about the veracity

of the grievance, he shall issue necessary order for its redressal

within thirty days from the date of receipt of the compliant.

DGRO shall dismiss the complaint, in case no merit is found.

(d) If, the DGRO feels that the matter needs to be further

examined, he may:

(i)

get the matter enquired by a suitable Officer of the

State Government at District level and decide on the

basis of report so received within 45 days from the

date of receipt of the complaint, or

(ii)

if, considered necessary, give an opportunity to the

complainant and Officer/person/agency concerned

with the complaint, to present their case on a fixed

date and after having heard them and taking into

consideration the evidences submitted, decide the

matter within 45 days from the date of receipt of the

complaint.

(e) On the date fixed for hearing, if, the complainant is absent,

the DGRO may dismiss the complaint or proceed to enquire the

matter ex parte and decide. If, however, the officer/person/

agency concerned with the complaint, called by the DGRO is

absent on the date fixed by him, he may proceed to enquire the

matter ex parte and decide.

(f) The complainant shall be informed of the decision on his

complaint in writing or through electronic mode if, the complaint

was made in electronic mode, with a system for confirmation of

its receipt by complainant.

(g) If, the DGRO is of the opinion that the disposal of the

complaints requires more time than prescribed under clauses (3)

and (5) above, the complainant shall be sent an interim reply

citing the reasons for delay.

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(iv) Powers of District Grievance Redressal Officer

The DGRO, while enquiring into complaints, shall have

powers to require any concerned officials/persons at District/

Field level -

(a) to produce before, and allow to be examined such books,

accounts, documents or any other material in custody or under

control of the persons so required as may be specified in the

requisition.

(b) to furnish such information as may be required.

(v) Monitoring the disposal of complaints

Disposal of complaints shall be monitored by the Secretary

(Civil supplies and Consumer Affairs), Puducherry at least once

in every quarter.

(vi) Appeal

Any complainant or the Officer or person or agency against

whom any order has been passed by the DGRO, who is not

satisfied with the redressal or grievance, may file an appeal

against such order before the State Food Commission, within

thirty days from the date of the issuance of the order by the

DGRO.

(vii) Periodical Reports

DGRO shall send a monthly report on complaints received

and disposed of by him to the Secretary (CS&CA) by 15th of

the succeeding month.

8. Appointment of Chairperson and other Members for State Food

Commission.— (a) The Chairperson and Members shall be appointed

based on the recommendations of the Selection Committee comprising

the Chief Secretary to Government of Puducherry, the Secretary (Civil

Supplies and Consumer Affairs), Puducherry and the Secretary (Law),

Puducherry.

(b) The Member-Secretary, who shall be an Officer of the

Government of Puducherry not below the rank of Joint Secretary to

Government of Puducherry, shall be appointed based on the

recommendations of the Selection Committee constituted for selecting

the Members of the Commission.

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9. Salary and other allowances and terms and conditions of the

Chairperson and Members.— (a) If, a retired or non-official Chairperson

is appointed, he/she shall receive a consolidated honorarium of ` 40,000

per month.

(b) The Members shall receive a consolidated honorarium of

` 25,000 per month.

travelling allowances admissible to the Grade-I Officer of the Government

of Puducherry during the sittings.

(d) The honorarium and other allowances shall be defrayed out

of the Consolidated fund of the Government.

(e) Chairperson and the Member may

(i)

by writing under his hand and addressed to the

Government resign their Office any time;

(ii)

be removed from their Office in accordance with

provisions of sub-section (9) of section (16) of the Act.

Provided that the Chairperson or a Member shall not

be removed from their office on the ground specified in

sub section (10) of Section (16) of the Act except on a

inquiry held by the Selection Committee.

(f) Before appointment, Chairperson and Members shall have

to give an undertaking that he/she does not and will not have any such

financial or other interests as is likely to affect prejudicially their

functions as such Member.

(g) The terms and conditions of the service of the Chairperson

or Members shall not be varied to their disadvantage during their tenure

of Office.

(h) Every vacancy caused by resignation and removal of the

Chairperson and their Members of the Commission under sub-rule (f) or

otherwise shall be filled by fresh appointment.

(i) Where any such vacancy occurs in the Office of the

Chairperson, the senior most (in order of appointment) Member, holding

Office for the time being, shall discharge the functions of the

Chairperson until a person appointed to fill such vacancy assumes the

Office of the Chairperson.

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(j) When the Chairperson, is unable to discharge the functions

owing to absence, illness or any other cause, the senior most (in order

of appointment) Member, holding Office for the time being, shall

discharge the functions of the Chairperson until the day on which the

Chairperson resumes the charge of his functions.

(k) The Chairperson or any member ceasing to hold Office as

such shall not hold any appointment in or be connected with the

management or administration of an organisation which have been the

subject of any proceeding under the act during his/her tenure for a

period of five years from the date on which he/she ceases to hold such

Office.

10. Place of sitting and other matters relating to State Food

Commission.— (a) Office of the State Food Commission shall be located

at Puducherry.

(b) The working days and the office hours of the Commission

shall be the same as that of the Government or as fixed by the

Chairperson of the Commission.

be such as the Government may specify.

(d) Sittings of the Commission, as and when necessary, shall

be convened by the Member-Secretary on the directions of the

Chairperson.

(e) The proceedings of the Commission shall be convened with

a quorum of minimum 3 Members. The Commission will evolve its own

procedures.

11. Procedure for registering complaints and appeals.—

(1) Complaint regarding violation of entitlements under the Act and

appeal against the order of the District Grievance Redressal Officer shall

be presented by the complainant or appellant to the Commission in

person or by registered post or any electronic mode, addressed to the

Member-Secretary of the Commission.

(2) Any appeal against the order of the DGRO shall be filed

before the Commission with 30 days.

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(3) Every appeal shall be accompanied by the certified copy of

the order of the DGRO and such other documents as may be required to

support grounds of appeal.

(4) Complaint or appeal shall be filed with specific details and

contact information of the complainant. No anonymous complaint shall

be entertained.

12. Disposal of complaints and appeals by the Commission.—

(1) The Commission shall, on receipt of any complaint, seek a report on

it from the DGRO/Director of Civil Supplies and Consumer Affairs, along

with supporting documents, who shall be required to furnish it within

fifteen days.

(2) Taking into consideration the report of the DGRO/Director

of Civil Supplies and Consumer Affairs, and the available documents,

The Commission shall issue appropriate orders for redressal of the

complaint, within fifteen days from the date of receipt of the report of

the DGRO/Director of Civil Supplies and Consumer Affairs.

(3) In the case of appeal against the orders of the DGRO, the

Commission shall give an opportunity to the DGRO and the appellant

to present their cases in person on a fixed date, time and place and after

having heard them and taking into consideration, the evidences submitted

by them, decide the appeal within thirty days from the date of receipt of

appeal.

(4) On the date fixed for hearing, it shall be obligatory for the

DGRO and the appellant to appear before the Commission, and in case

of failure to do so, the Commission may in its discretion either dismiss

the case or proceed to enquire the matter ex parte and decide the appeal

within a period of thirty days from the date of receipt of appeal.

(5) The order of the commission shall be authenticated by the

Member-Secretary or any other Officers of the Commission duly

authorised by the Commission on its behalf.

(6) The Commission shall arrange to deliver copies of the

decision to the officer/person/agency concerned within a period of

fifteen days from the date of such decision.

13. Maintenance of Records.— The Commission shall maintain all

the records including the appeals and records related to their disposal.

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14. Appointment of administrative staff and technical staff for the

State Food Commission.— The State Government shall make available

to the State Commission, adequate administrative and technical staff.

15. Display of records in Public Domain.— The following records

shall be made available in the Department's website or any portal

specified for the Act:

(a) The criteria for identification of Priority Households.

(b) The list of beneficiaries under the Act.

16. Conduct of Social Audit on the implementation of welfare

schemes of the Act.— (i) The State Government shall authorise the

Tahsildar of Taluk concerned to engage all field functionaries not below

the rank of Village Administrative Officer under his/her disposal or any

Department like Directorate of Economic and Statistics which is not

directly involved in implementing the Schemes under the Act or any

independent Body to perform the work of facilitation in the conduct of

periodic social audits, as prescribed, on the functioning of welfare

schemes under the Act.

(ii) A simple format/questionnaires shall be devised which will

be provided to a minimum of 20% of the beneficiaries of the concerned

Fair Price Shop/Anganwadi Centres/Schools as the case may be, so that

beneficiary can opine their views.

(iii) The respective filed functionary shall collect duly filled in

format/questionnaire from all the participants.

(iv) On the basis of the opinions of the people, the respective

Department/Agency shall prepare and submit a consolidated Report to

the Department of Civil Supplies and Consumer Affairs indicating special

measure to be taken for better implementation of the welfare schemes.

(v) The dealer of concerned Fair Price Shop/Anganwadi Centres/

Schools or any other functionary related to the welfare scheme shall

not be engaged in circulation/collection of format/questionnaires.

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17. Setting up of Vigilance Committees.— (i) For ensuring

transparency and proper implementation of the Direct Benefit Transfer

under the Act and other welfare schemes, there shall be Vigilance

Committees to be set up by the State Government as specified in the

Targeted Public Distribution System (Control) Order, 2015 as amended

from time to time, preferably at the State and District levels consisting

of such persons, as prescribed.

(ii) The composition of such Vigilance Committees shall be such

as may be notified and/or as amended by the State Government in the

Official Gazette.

18. Utilisation of institutional mechanism for other purposes.—

The Union territory Government shall utilise the services of State Food

Commission in the matter of proper implementation of other schemes

and programme of the Government of India and Government of

Union territory of Puducherry as may be notified by the Government.

19. Removal of doubts.— If, any doubt arises with regard to the

interpretation of any provisions of these Rules, it shall be referred to

the Department of Civil Supplies and Consumer Affairs, Puducherry,

whose decision shall be binding.

20. Amendment of rules.— The State Government may, if, it deems

fit, by notification, amend the prescribed rules.

(By order of the Lieutenant-Governor)

P. PRIYTARSHNY,

Additional Secretary-cum-Director (CS&CA).

————

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