[1]

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF CIVIL SUPPLIES AND CONSUMER AFFAIRS

(G. O. Ms. No. 14, Puducherry, dated 17th January 2018)

NOTIFICATION

Whereas, the Draft Rules, namely, the Puducherry Food Security

Rules, 2017 was published as required under section 40 of the National

Food Security Act, 2013 (20 of 2013) vide notification issued in

G.O. Ms. No. 11, dated 26-10-2017 and published in Extraordinary

Part-II, No. 62 of the Government of Puducherry for information of

the public, inviting views/suggestions;

And whereas, no views or suggestions has been received from any

person with respect to the said Draft Rules;

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

EXTRAORDINARY

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17 {

No. 1

Poudouchéry

Mercredi

Janvier

2018

No.

Puducherry

Wednesday

17th

January

2018

( 27 Pausa 1939 )

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

WPP-88/2018-20

Dated : 17-1-2018

Price : ` 6-00

LA GAZETTE DE L'ETAT

[PART–II

Now, therefore, in exercise of the powers conferred by

sub-section (1) of section 40 of the National Food Security Act, 2013

(20 of 2013), the Lieutenant-Governor, Puducherry, is hereby pleased

to make the following rules, namely:-

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.

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;

territory of Puducherry appointed under Article 239 of the

Constitution;

(d) “Priority

Household”

means

those

category

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);

PART–II]

LA GAZETTE DE L'ETAT

(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;

(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.;

LA GAZETTE DE L'ETAT

[PART–II

(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.

(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.

PART–II]

LA GAZETTE DE L'ETAT

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;

(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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

(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.

everyday 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 primafacie substance in the complaint to

proceed in the matter.

PART–II]

LA GAZETTE DE L'ETAT

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

substance in the complaint, he shall seek explanation in the

matter from 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.

person 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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

(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 (Civil Supplies and

Consumer Affairs) 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.

PART–II]

LA GAZETTE DE L'ETAT

(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.

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.

such 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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

(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.

shall 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.

PART–II]

LA GAZETTE DE L'ETAT

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.

(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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

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 Economics 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.

PART–II]

LA GAZETTE DE L'ETAT

(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.

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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