"'\ - 25 - SERIES - I No. : 09
DATED : 1" NOVEMBER, 2013.
No. 1/113/CSD/DMN/NFSO/2013-1412958 U. T. Administration of Daman & Diu, Office of the Collector,
Civil Supply Department,
Collectorate, Dholar,
Moti Daman - 396 220.
Dated : 29/10/2013
/ i The National Food Security Act, 2013 No. 20 of 2013 published in the Gazette of India Extraordinary Part 11-Section I New Delhi dated September 10, 2013. The said Act is hereby republished in the Official Gazette of this U.T. Administration of Daman & Diu for general information.
Sd/-
( Gaurav Singh Rajawat, IAS)
Civil Supply Officer, Collectorate, Daman.
1
MINISTRY OF LAW AND JUSTICE
(Legislative Depmrhant) SERIES - I NO. : 09
DATED : lST NOVEMBER, 2013.
New Delhi, the 10th September, 20 i3/Bbdru 19, 1935 (Suka) .i
1.
Thc fallowing Act o f Parliament received the assent of the Presidertt on the
1 0 ~ Sepfember, 2013, and is hereby published for general information:--
THE NATIONAL FOOD SECURITY ACT, 20 13
No. 20 OF 201 3
[ IOfh Seplember, 2013.1 An Act to provide for food and nutritional security in human life cycle appmach,
by ensuring access to a d e q ~ quantity of quality food at affordable p r i ~ s
to people to live a life with dignity and for matten connected therewith ar incidentid t h e ~ t o .
&it enacted by Parliament in the Sixty-f0dYea.r ofthe Republic of lndiaas foliotcs. --
CHAPTER I
PRU.IMINARY
1. ( I ) This Act may bc called the National Fwd Security Act,2013. Short i ~ t l t , cxtcnl and
( 2 ) it extends to the whole o l India. u-mk!
(3) Savc as otherwise provided. ic shnll be destned Lo have crsme into force on ~ h c
51ll day ofluJy, 20 13
2. In this Act, unless the context utlrenvlse requires,- Dcfin~ctons
( I ) "ungr~nmq2di" means a child care atd deve~opmtnr centre sct up under rhc
l/~tegra!td Ctr~ld Development Services Scheme of the Cefibd Government to rendet services covered under sccrion 4 , clause (a) of sub-section ( I ) o f section 5 m(nd
sectiorl 6 ;
2
. .
- 27 -
SERIES - I NO. : 09
M E D : ln NOVEMBER, 2013.
(3) "central pool" mtam the mock of foodsrains which is,--.
(0 procured by tfic Ccnml Govemtynt and the State Govemrncnts through
minimum suppon price operations; (it) maintained for allocenons undcr Ihe Targeted Public Distriburion System, athcr we1 fare s c h m q including calamity relief arrd sucb atlla schemes; (iil) kept as reserves for schcrnts referred to in sub-clause ([I);
(3) "eligible households" means houschalds covered undcr tbc priori9
households and the Antyodaya Anna Yajana rcfcntd to i a sub-section ( r ) of stctiun 33:
(4) "fair pice shop" m t a q a shop which has been ticensed to distribute essential commoditfes by an ordcr issued under section 3 of the Essential Commodities Act, 1955, to the ration card holders under the Targeted PublicDi~tibution System; t o uf 195s (5 ) "food@ainsU means rice, wheat or coarse grains or any combination thereof
coofarming to such quality norms as may be determ~ned, by ordcr, by the Central Government &om timato time;
(6 'food security" mcans the supply of the entitled quantity of foodgrains and meal specified under Chapter I[;
(7) "food security aflowancc" means the amount of money to be paid by the concerned State Government to L ~ c entitled persons under scction 8;
(8) "local authority" includes Pmchayaf rnuniciplity,district hard, cantonment board, town planning authoriry md in the States of Assan, Manipur, Meghalaya, Miwram.Nagaland and Tripura where Pancllayab do not exist, the viltage council or
committee or any orher body, by whatever name called, which is authorised undcr the Camti~ion or any law for the time king in force for self-govmrance or any oher authority or budy vested with the control and management of civic swims, within 3 specified local area;
(9) "mealn means hot cwkd or pre-cooked and heated before its service meal or take home ~ i i o n , as may b-c prescribed by the Centrat Governlent; (ID) "minimum suppot price" means the assured priceannounced by the Central
Government at which foodgrains ate procured &om farmers by the Central Govemme~it arrd the State Governments and their agencies, for the c t n h l pool;
(11) "notification" means a notification issued under his Act and published it) the Oficial Gazette;
'(12) "othtt welfare schemes" means such Govcnuncnt schemes, in addition to h e Targeted Public Distribution System, under which foodgrains or meals arc supplied as part of the schemes;
(1 3) "pmw wi@ disability" m m s a person dcfied a *such b clause (1) of section 2 of the Persons with Disabiliries (Equal Oppomjties, Protection of Rights and Full Participation) Act, 1995; 1 of 1996.
(14) "priority households" rncans househotds identified as such under
section 10; (IS) "preqribtd" means prcscnbtd by wles made undcr this Act; (1q "ration card" means a dwument issued under an order or authority of the Staic Govtmmcnl lor the ptrrrhase ofesseatiaF comrnoditia from tht fair price shops undcr the Targcwd Public Disttibution System;
( I f ) "rural area" mcans any area In a Stare exccpr thosc areas covered by &y urban local body or a cmtonmenr board esablished or constituted under any law for
the time being in force;
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SERIES - I NO. : 09
DATED : lrr NOVEMBER, 2013. -
(18) 'Schedule" means a Schedule appended to this Act; ( 1 9 ) "senior citizen" means a person defined as such under clause (h) of s e c ~ ~ o n 3 56 of 2007 of the Mainrenance and Welfare of Parents and Senior Citizcns Act, 2007;
(10) "social audir" means the process in which peuplc coliectively monitor and
evaluate rfie pla~nitlg and irnplernentatian of a programme or scherne; (21 ) "Smte Commission" rncarls the State Food Conml~ssion corlstituled under
section 16;
/ (32) "Slarc C;overnrnenlM, in relation to a Union temrory, means Ute Administrator rhcreor appoinled under aniclc 239 of the Constitution;
(23) "Targe~ed Public Distribution Syslern" means the system for dis~ribution of
essential c o m d i t i c s to h e ratian card holders through fair price shops;
(24) "Vigilance Committee" Ineans a cornmiace constituted ~ d e r section 29 to
supervise rhc lmplementatiw o f all S E ~ C ~ I " ~ under this Ad; I' (25) the words and cxprcssions not defined here but defined in the Essential 10 of I955 Commodities Act, 1955, or my other relevant Act shall have the meaning respectively
assigned to them in those Acts.
5. ( 1 ) Every person belonging to priorib households, identified under sub-section ( 1 ) of section 10, shall bc entltled to receive five kilograms of idgrains per person per mon1fl at subsidi~ed prices specified in Schedule I from the Statc Government under the Targeted Public Distribulion System:
Providcd &at the househalds covered under Anryodaya Anna Yujana shalt, to such extent as may bc specified by the Central Governmcnr forcach State in thc said scllcmc, be entilled to fftirry-five kitograms of foodgrains per household per month at tk prices specified in Schedule I:
Prov~ded further that if annual allmtion of foodgrains 10 any Swle under the Act is less &an the average annual oPRakc of foodgmins for lasf t h y e a n under nannd Targeted Public Distribution System, thc m e shall be protected at pfjcts as may be determined by the
C e n d Govmmcnt and the Statc shall bc atlocated f d g a i n s as specified in Schedute 1V. &$anafioh.- For tlie purpose of this scction, the "Antyodaya Anna Yojana" means. the schcmc by the said n m c lauuched by the Central Govemmenf on the 25th day of kcernbcr, 2000; and a s modified from tinte to lime.
(2) The entitlements of the persons helonging to the eligible households referred to In sub-section ( I ) at subsidiscd prices shall extend up to seventy-five per cent. of the mral population and up to fifty per cent, of the urban population.
(3) Subject 10 subsection (I), the Stale Government m y provide lo the persons belonging to cligiblc households, wheat flour in lieu afthe mtitted quantity of foodgrains in
accordance with such guidelines as may be spccificd by the Central Government.
4. Subjecl to such schemes as may be fiamed by the Cmml Government, e v e 9 Nutritional
pregnant woman and lactating mother shall Ix entitled to- suppart 10 pregnant
(a) meal, h e of chargc, during pregnancy and six months after the child birth. , ,d
through the Local ~nganwadi, so as to mea the ntltriionrl standards specified in Iscta~xng Schedule 11; and mothers
R t g f ~ i to
rcccivc
foodgrains a!
s t h i d i d
pr im by
persons
belonging to
cligibtc
households '
undcr Tugacd Puhlic
Rislribufion Syslcm
(h) maternity benefit of not less than rupees six thousand, in such instdlrnents as may be prescribed by b e Central Govemeq:
Provided that all pregnmr women mtnd lactating mothers in regular employment with the Central Guvcnuncnt or State Governmen& ar Public Sector Undertakings or those who are in rcccipt ol'sirnilar benefits under any law for tire timr: k i n g in force shatl not be entitied to benefits specified in clause (6)
4
1 DATED . 1- rvuvr Nulrr\ioaat 5. ( I ) Subject to the provisions contained in clause (h) , every ch~ id up to the age of
;uPPOd fourteen years shall have the following entitlements for his notrirional ntcds, namely:- -
chrldrclr
1 SERIES - I NO. : 09
(a) in the case of children in the age group of six monrhs to ssis years, age appropriate meal, frec'of chargc, tluough the local ongancvddi so as to meet ttie nutritional standads specified in Schedule 11:
. 4 9- k 1-1 #y .MBER, 2013.
Provided that for children b c l w the age of $six months, exclusive breast feeding sha t l be promoted;
,\; i\
Ls >v
(b ) in the case of children, up to class V111 or within the age group of six to fourteen years, wtjiche-ver is applicabte, one mid-day meal, Free of charge. everyday, cxcepl on school holidays, in all schools nm by local bodies, Government and Govcrnmenr aided schools, so as to meet the nutritional standards specified in Schedule 11.
(2) Every school, rtfmed to in clause (b) of sub-section (I), and anganwodi shall have facilities for cooking mrals, drinking water and sanitation:
Provided that in urban areas faciiidcs of Zcntralised kitchens for cookitlg m d s may be used, wherever required, as pet the guidelines issued by the Central Government. Prcvcation 6. Thc State Government shall, through the local anganwodi, identify and provide and meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritional managemen{
of C ~ I I ~ standards specified in Scheduie 1.
!mpicmmta!~oo 7. The Slate Governments shall implement schenles covering entitlemalts under of scfwncs lor sections 4,5 and section 6 in accordance with the guidelines, inclllding cost sharing, between rcalisslion of
cnr~rlemcnts the Central Government and the State Gavcrnmenfs in such manner as may be prescribed by the Central Govmnenr.
CHAPTER 111
F000 SEClQlTY ALLOWANCE Right ta 8. In case of non-supply of the entitled quantities of foodgrains or meak to entitled r ~ c e i v c Iuod pClSOM under Chapter 11, such persons shall be erttitled to receive such foad security security
allowvlcc in allowance from the concerned State Government to bcpaid to each person, within such time ccnll,, and manner as May be prescribed by the Central G o v e m m t
Cos,tragc of 9. The percentage coverage under theTargetcd Public Distribution System it, rural and poQula~ron urban areas for each State shall, subject subsection (2) of seaion 3, bc determined by the under Tugctcd
~ u b h c Central Government and the total number of persons to be covered in such ml and urban Dls~ribution arcas of h e Statc shall be calculated on the basis ofthe population estimates as pet the S y s ~ m census'of which the relevant figures have been published.
Starc 10. ( I ) ?he Statt Govenuheot shall, within the number of persons dctcrmined under Goremmeng section 9 for the rival and uhan arcas, identify--
ro prepare
gu~dc~lnrs md c (u) the. households to be covered under h e Antyodaya h a Yojana to the lo tdtnc~fy extent specified undcr sub-section { I ) of section 3, in accordance with the guidelines priority
households applicable to the said scheme;
(b) the rcmairring households as priority househhol& 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. aRer rhc commencement of
5
SERIES - I NO. : 09 j DATED : ls NOVEMBER, 2013.
~ h e Act, idzntilj. the. eligibte households in accordarjct: with thc guidelines framed undcr thls sub-scction:
Provided funher that tl1e stale Gavcmn~cnt shall cantinut. to receive flre atltmcatinr~
o r foodgrains from l l ~ Central Oovemrnenl under the exisling 'Targeted Public Disrrihut ion System, t i l l the identification of such households is complete. ( 2 ) Thc Stare Gnvcmnrenc $hail u p d a Ihc iist of eligible tlousehoids, witl~in [he
nunlber of persons determined undct section 9 tor the rural and urban areas, in accordance with tile guidclincs fra~ned utrder sub-section ( I) .
11. The-State Government shall placc the list of theidentified eligible households in
the public donlain and display il prominently.
~ O W S IN T R R G F W PUBLIC DISTR(HWt0N SYSTEM 12 . ( / )The Central .md Statc Governments shall endeavour to progressively undertake rlccessary reforms in thc Targeled Public: Distribution Sysrcrn in consonarrce wit11 the rule ellvisaged tor rhem in this AcL
(2) The reforms shalt, inter alia, includc-
(0) doorstep delivery of foodgrains to rhc Targeted Public Distribution Systcrn outlets;
(h) application of information and comrnunication tcci~r~oiogy toots includbng end-to-end cornputeri.satiun in order to ensure ttansparent recording of transactior~s at all levels, and to prevent diversion;
fc) leveraging "aadhaar-for unique identificatioi~, with biornetric information of cntitled beneficiaries for proper targeting of beriefits under this Act;
(4 full transparcocy of rccnrds;
(c) preference to public institutiorls or public bodies such as Panchayats, self- help groups, co-ope.ratives, in licensing of fair price siiops and nlanagenunr of Fair price shops by women or heir collectives;
Vf diversificstio~l oicomrnodiries distributed undcr he Public Distribution System over a period of time;
k) srkppofl to lvcal public distribution models and grains banks,
[h) introducing scherncs, such as, c s h transfer, food coupons, or other s c h e ~ n e ~ , to the targeted kncficiaries in order ro ensure their foodgrain entitlements specified In Chapter i t , in such area and manneros may be prescribed by the Central Government
CH A PIT3 V1
I J. ( I ) Thc eldest woman who is nor less than eighteen years ~f age, in every eligible housthotd, shall be hcad of the houschold for tlte purpose of issue o f ration cards.
(2) Where a household at any time d m nor hare a woman or a woman of eighteen
years of age or above, but has R fcmalc mtmber below he age of.cighreen years, then, the
eldest male member ofthc household shall bc the hcad of the household for the purpose of issue ofratian card and the Iimaic mernbcr, on attaining thc age of eighteen years, shall becomc the head ofthe household for such ration cards in place of such male member. CHAW-R VII
GRIEVAtiCL REDRUSU MECHANISM
I 14. Evcry State Gotlcn~rnent shatl put in place an inrernal grievance rcdicssal uieci~a~rsin V chjcll may include call cellrrcr, help lines, deriynation of nodal officers, or such other n)cct\mrs~l> as may be ~)rewrit>ecl .LI________________I
Women 01 cightscn ~wcs o f age or above to he hcad of hausehold 'Tor purposc o f issue of ratjon cards
I~tlcrt~al
gricvarrcc rcdrcssal rne.chantsm
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SERIES - I No. : 09
DATED ; l S r , ~ ~ ~ ~ ~ ~ ~ P . . 2013.
Dtstrrct 15. ( I 1 T%e Stale G~vemment shall appoint or designate, for each district, an officer to Gt'cvrncc bc (he District Grievance Redressal Officer-for cxpeditiotts and effective tedressal of Rcdrcssal
Officer gritvarkrs of the aggrieved persons in nlatters rclatiog to dishiburion ofentitled rodgains or meals under Chapter I t ; and to enforce the entitlerncnts undcr this ACI.
(2) nfhc qualifications For appointmenr as District G~ievance Redressal Oficer alld its powers shall be such as rnay be prescribed by the State Government.
(3) The rnclhod and tcms and condirio~~s of appointment of the District Grievance Redrcssrtl Officer shall bc such as may be prescribed by the State Government:
(4) The Stats Govcrnn~er~t shall pruvidr for the salary and allowances ofrbc District Grievance Rodrcssal OfFlccr and other staff and such orher ocpendjturc as may be consjdered necessary for t t ~ t i r proper functioning.
(5) Ttre officer rtferred to in sub-sectiarl ( I ) shall hear cornp!aints regarding nun- distribution ofentjtlcd foodgrains or meals, and tnarters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the SDte Government
(6) Any complain;mt or thc oficer or authority againsl whom any order has been passed by o f f r c ~ referred to in sub-section ( I ) , who is not satisfied with the redrcssal of grievance may file an appeaf against such order before the Statc Commission.
(7) Every appeal under sub-section (6) shall be filed in such manner and &thin such
/I------- time xs may he prescribed by the Slate Gormment.
--.. s u t c Focrd 16- (11 Every State Government shall, by notification, constitute a State Food Calnln;ssiufi Cornmissiol~ for the purpose o f monitoring arid review of implementation of th is Act.
\(2) TheState Comnussion shatl consist of- \ (o) a Chairperson;
(6) five other Members; and jc) a Member-Secretary, who shall be an officer o f the State Govcnunent nor helow rfie rank of Joint Secrerary to that Government:
Provided that there shall bc at l e a l wo women, whetl,cr Chairpenoil, Member
or Mcmbcr-Secretary: .,
Provided further that there shall be one person belonging to the Scheduled h t c s and one pcrson belonging to the Schcdufed 'I'ribcs, whether Chairperson, Member or Member-Secww.
I (3) 7hc Chairpuson and other Mernben shall be appointed from amongst persons-
(a) who are or have been member ofthe All India Services or any orher civil services of the Union or State or holding a civil post under the Union or Statc having
knowledge and orpcrienct in mattm relating to food Security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any a t l i d field; or
(b) of eminence in publtc life with wide knowledge and experience in agriculture,
law, human righrs. smial service, management, nutrition, health, food policy or public
adminislratian; or
(c) who have a proven rccord of w o k relating to the itnprovemerlt of the food uld nuwition rights of the poar.
(4) Thc Chairperson and evcry other Mcnmher stlali hold o s c e for a teon not excecd~ng five years from the date on which he cnlcrs upon his ofice and shaU be eligible for reappointment:
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SERIES - I No. : 09
DATED : P NOVEMBER, 2013.
Provided that no pctsoo shall hold office as the Chairperson ot other Member afrer Ile has ~nair~ettd he age of sirly-fivt years.
( 5 ) The method of appainlment and other telms and conditions s~lbjecl to urllich the Chairperson, other ~ c m b ; r s and !&-mber-Secretary of the Stale Commission may be at'puinccd, and time, place artd procedure ofmeetings ofthe Stale Commission (inctudiilg tf>e
quorum a1 such rneerinrs) and irs powers, shall hc such as may he prescribed by the Slate Govemmcm.
(6t 'The Slate Conrmission shall undeflakc the following functiotrs, namely:-
(@) monitor and evaluate [he impleln~ntarion of this Act, io retation (0 the Sate;
( h ) either suo moru or on receipt o f complaint inquire itdo violqtions of
mtitlen~ents pravided under Chapter II;
(c) give advtce to the Slate Gowrnment on cffcctive irnplementalian of this Act;
(4 give advice lo the State Governmeor, their agencies, autonomous bodies as well as nan-governmental argmisations involved in delivery o f rrlcvani services, for the effective irnplcmcntation of food andnutritio~ relaced schemes, to enable: individuals
ro fuOy access their cntitlemcnts specified in this Act;
(e) hear appeals apainst orders of tilt Dis&ia Grievance Redrcssal Officer; (fl prepare annual reports which shall be laid before the S u k Legislature by *c
Stare Government.
(7) The Stare Gavernmenl shall make available to the State Comrnisslon, sucll administratwe and tccllnical staff, as il !nay consider necessary fbr proper functioning ofthe Stale Commission.
((5) The method o f appointment of the staff under sub-section (3, (their salaries.
allowances and conditions of service shall be such, as may be prescribed by the State
Govenunclnt.
(9) Tfie Starc Government may remove fiom office fie Chairprsrson or any Member who--
(a ) is, or at any time has bent. 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 thc opinion of the State Govcm~ncnt, jnvolves moral turpitude; or
(u') has acquired such financial or other inrercsl w i s likely to affect prejudicia! ty his hnctions as. a mwhcr; or
(e) has so abused his position as to render his continuation in oficc detriments)
to the public interest.
(10) No such Chairperson or Mtmbcr shall be removed under clause (4 or clause ( e ) of sub-section (9) unless he has been given a reasonable appownity of being heard in r)le
rnancr.
17. The State Govenunent shall provide for salary and allowances of Chairperson, salary other Mcrnbcrs, Mernber.Secretary, suppn staff, and oiher adm~nistrative expenses rcguircd allowances @l far proper hnctioning ofthe State Cornrnrssion.
Charrpcrson.
Mcmbtr.
Wrmber
Secrcrary and
othci sraff of
State
f o~nnuss{on
8
Dtst&nzltm o f 18. 7he State Governrnctll may, if considers it wcessery, by notification. designate an Y arly statutory commission or a body to exercise the powtn and perform the bnctions ofthe Ccrn~nrlsion or
bud) to State Commission referred to in sedtian 16. function as
State
('onr~uis*:ion
Jalr~t Slate 1 A Notwrthstanding anything contained in sub-section ( I ) of scction 16, hvo or tnore rood States may have a Joint State Food Commission for the pwposes of this Act with Ihe Ccrnmlssson approval of the Centrat Government.
w
Powcrs 20. (1) The State Cornmission shall, whilc inquinng into my matter refcrred to in feiating lo clauses (b) md (el of sub-section (6) of section lG, havc dl the pawcrs ofa civil court while
inquiries. trying a suit under the Code of Civil Procedure, 1908, and, in particular, in respect of the 5 1
followingmatters, namely:- -
(a) snmn~oning and enforcirlg the attendance of any person and examining him
on oath;
I
(b) discovery 8nd production of any document; (c ) receiving evidcnce an affidavits;
(6) requisitioning any public record or copy drereof from any court or ofice; and
(e) issiring con~n~issions for tile examuiation of witnesses or documents.
(2) The State Cu~orruni5sion shall have the power to forward any case.ta a Magistrate having jwisdiction to uy the same and the Magismte to whom any such case i s fonvarded shall proceed to hear the complaint agaiost the accused as if the case has been forwarded to him undcr section 346 of the Code of Criminal Procedure, 1973. 2 of 1914 Vacancks, 21. No act or proceeding of the Stale Commission shall be invalid merely by reason ctc , not to
~nvalidete
yrocttd~ngs ( a ) any vacancy in, or m y defect in the consbtution of, the State Commission; or
of SLatc Commissicln (b) any defect in the appointment of a person as the Chairperson or a Member of the Stare Commissiop; or
(c) any irregulaity m the procedure of the State Commission not affecting the
merits of the case. ORUGAT~QNS of CI3lRh.L GOVEWWFM FOR FOOD SECtlRlTY Ccorrd 22. ( I ) The Central Government shal!, for cnsuriogthc regular supply o f foodgrains to Govcrrtmcnt
to allocrtc
pemns belongingto eligible houscholds. allocate &om &a c ~ ~ t r a l pool the required quantity
required of fadgrains to the Statc Govemenls under the Targeted Public Distribution System, as qubljtiry 01 per the entitlements under section 3 and at priccs specifird in Schedule I, fooderains
from ctniral (2) The Central Governm~nt shall allocatc foodpains in accordance with the nurnber p c ~ o ~ to Siatc of persons belonging to the eligible households identified in each Statc under section 10.
Go~cromtnts
(3) The Central Governnlcnt shall provide fowlgrains in respeCt afentitiements under sections 4, 5 and section 6, to the State G~vemments, at prices specified for the persons belonging to eligible households in Sctiedufe I.
(4) Without prejudice to subsection ( I ) , the Cenhal Governrner~l shall, -
(a) procure foodpins for the central pool through its own agencies and the
Stitre Goven~ments and dreir agencies;
(6) altocate foodgrains to the Statcs;
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SERIES - I No. : 09
DATED : lq NOVEMBER, 2013.
(c) provide for urnsportation of foodpins, as per allocation, to (hc depot~ des~gnated by the Ccnhal Government in each Sla~c;
[d) prov~dc assis[ancc to the Stale Governmen! in meeting the expenditure jticurred hy ir towards iltVa-State movement, handling of foodgrains and margins paid
to Fair price shop dealers, in accordar~ce with such nonns and manner as itlay be
prescribed by the Central Govcmment, arld ( E ) create and maintain requircd modern and scientific storage facilities a v&ious levcis
23, tn c a e of shoe supply of foodgrains from the central pool to a Statc, the Central Govemmeol shall provide funds lo the extent of shan supply to ?he Stale Government for meeting obligations under Chapter il in such manner as may be prescribed by the Central Government
c w m IX
OHUGAT~ONS F STATE GOVERNMENT FOR FOOD S K U R I T Y
24. ( 1 ) The State Government shall be responsible for irnpleme~~tation and
monitoring of the schemcs of various Ministries and Departments of the Central Government in accordance with guidelines issucd by the Ccntral Government for each scheme, and thcir own schemes, far ensuring food security to the targeted beneficiaries irr their Statc.
(2) Under the Targeted Public Distribution System, il shall be the duty of the State Government to--
( 0 ) take delivery or foodgrains &om the designated depots af the Ccntral Government in the State, at the prices specified in Schedule 1, organise inw-State allocations for delivery of the allgated foodgrains through their authorised agencies a1 the door-step of each fair price shop, and
( b ) erisure actual delivery or supply of the foodgrains to &e entitled persons at the prices sptcified in Schedule 1.
(3) For foodgrain requirements in respect of entitlements under sections 4, 5 and scciron 6, it shall be the rmgonsibility ofthe Slate Government ro take delivery of foodgrains
From the designated depots ofthe Central Government in thc Sratc, at the prices specified is1 Schedule 1 for persons belonging to eligible households and ensure aclual de tivery of en t ihd benefits, sr specified in the aforesaid sections,
(9 In case of non-suppb of the entitled quantities of fmdgrains or meals to cntillcd persons under Chapter 11, the State Government shall be responsible for paynent of food securiry alfowance specified in section 8,
(5) For eficicnt operations of the Targeted Public Distribution System, every State Govcment shall,--
(a) create and maintain scientific storage facilitiesat the State, District md Block lcvels, hing suRicient to accomodatc fmdgrains required mdcr the Txgeted Public
Distribution System md other food based welfare schemes;
(b) suitably strengthen capacities ofthcir Food and Civil Supplies Curpordtionq
and other designated agencies;
( c ) establish ~nstitutiunatised liccnsirlg arrangements for fair price shops in accordartcc with the relevant provisions o f the Public Distribution System (Control) Order, 200 1 rnadcrunder t h t Essential Commodities Act, 1955. as ame~ded from time to time
Prou~s~ans
fm funds by
Central
Govcrarncnt
fo Statc
Govcrnmcnt
rn ctrrsin
hpl~mntatioo
and
monitoring of
schcrncs for
enluring food
security
k' I, - 35 -
SERIES - I No. : 09
,DATED : lST NOVEMBER, 2013.
_---*---_CCII-- . --- ------ .----
.ell"'
CHAPTER X
I ,~~plcrncntat~u~l 25. ( 1 ) The local autI~or~rics shall be responsible for the proper implemt~ltation of th~s of Act in their respective areas.
Public
Distributron (2) Without prejudice to sub-seclion (11, the State Government may assign, by
Sy"cm by notification, additional rcsponsibililiesfor irnplemet~tation ofthe Targcted Public Distribution local authorrfy ,hC1r Uclr System to the locat authorir)..
0bli.gatiort.c o f 26. In impkernenring different scheirles O[ he Ministries and Departments of the local Ccntral Govcrnmenr and the Ststc Governments, prepared to impkmenl provisions of this authoraty. Act, the local authoritics shall be responsible for discharging such duties and responsibilities as may be assigned to them, by notification, by the respective Statc Govcmmen&.
Q D~sclosutr of 27. Pdl Targeted Public Distribution System dated records shdl be placed in thc records public domain and kept open for hpectiol! to the pubfic, in such manner ar tnay be prescribed Targdcd by the Statc Government. Public
Distribution
S y$tcm.
Condr~d of 28. (1) Every local authority, or any other authority or body, as may be authorised by
socrd the Statc Government, shall conduct or cause to be conducted, periodic .social audits on tlre
hnctioning offair price shops, Targeted Public Distribution Srjicrn and other welfare schemes,
and cause to publicise its findings and take necessary aczion, in such manner as may be
prescribed by the State Govenunent.
(2) The Central Govcrnrncnt may, if il considers necessary, conduct or cause to be conducted social audit through indepmdcnt agencies having ex-peiicnce in conduct of such audits,
sclttne up of 29. ( 1 ) For ensuring transparency and proper functioning of the Tarpetcd Public Vlgffmcc Distribution System and accountability o f chc hnctionaoes in such system, every State Commrrtees Govcmmcnt shall s e ~ up Vigilance Committtcs asspecificd in the Public Distribution System (Control) Order, 2200 I , made under the Essential Commodities Act, 1955, as &ended from 10 1955 rime to time, at the Statc, DistricC Block and fiirprice shop tevelsconsistingofsuch persons, as may be prcsfribcd by thc State Government gjving due representation b the local authorities, the Scheduled Castes, the Scheduled Tribes, women and destitute persons or
persons with disability.
(2) The Vigilance Comminccs shall perform the following functions, namety:--
(n) regularly supervise the implcmcntation of all schemes under this Act;
(b) inform the District Grievance Redmssal Officer, in writing, of any vialatioilof
Ole provisions of this Act; and
(c) inform thc District Grievance Redressel Oficer, in writing, ofmy malpractice
or misappropriation of funds found by it. ?RO'JIS~QNS FOR AOVANCING F O O SECURITY F M ~ sccutlty 30.1 hc Central t i ovement a d the State Governments shall, while implementing the $01 pwplc prov!sions of this Act and the schcmes for meeting specified entitlernencs, give spccial focus lrvrng in to rhe needs of the vulr,erable groups especial\y in remote arcas and other areas which are
remote. hil ly
crlbd dififi'ult to access, hilly and tribal areas for ensuring tbcir food security.
11
% ,
SERIES - I NO. : 09
DATED : lm NOVEMBER, 2013. 3 1. Tfic Cenentral Government, the Stale Governments and local audrorities shall. for the purpose of advancing food and nutritiorral security. strive to progressively rcalise the objectives specified in Schedule 111.
C W E R 2 M 1 I
32. (/) The provisions of this Act shall not prccltldc the Central Govemnent or the Government from continuing or formulating other food based welfare schemes.
(2) Notwithstaviiing anything contained in this Act, the Slate Government may, continue with or formulate food or nutrilion based plansor schemes providing for benefits higher lhan
the hejlefits provided under this Act, from its own resources.
33. Any public servant or authuriry found guilty, by the State Commission at the time or deciding any complaint o r q p e a l , of failing to provide the relief recommended by h e
Dimic( Grievance Redressal Oficer, without reasonable cause, ot wilfully ignoring such
recommendation, shall hc liable to penalty ndl exceeding five dtausarrd rupees:
Provided that the public servant or the public authority, as the case may be, shall be given a rtasonablc opportunity of king heard before any penalty b imposed.
34. ( 1 ) Forthe purpose of adjudging penalty under section 33, the Srae Cammission shall authorisc any of its member la be an adjudicating officer for holding an inquiry in the prescn%cd manner aflcr giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.
( 2 ) While hold~tg an inquiry the adjudicating oficershall have power to summon and
cnlorct the attendance of any person acquainted with the facts and circurnsiatrces 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, hc is satisfied that the person has failed to provide lhe rcliefrccom~ndcd by the District Grievance Redressal ORcer, withour reasonable cause, or witfully ignored such recommendation, hc may impose such penaliy BS he thinks fit in accordance with the provisions of section 33.
35. (1) The Centr-al Government ntay, by notifiwion, dircct that h e powerscxercisable by it (except the power to makc rules), in such circumstances and subject to such condirions and timitation$, be cxercisablealso by the Stare Gavernmenr or an officer subordinate to the Central Government or the State Government as it may specify in the n o t i f i ~ t i ~ l n .
(2)The State Government may, by notification, direct hat the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and ljmitafions, be cxcrcisable atso by an ofIiccr subatdinate to it as it may specify in the norificaiion.
36. The provisions o f this Acl or the schemes made thereunder shaIl have effea notwithstanding anything inconsistent therewith contained in any other law for the time
being in fbrce or in any insrrument having affect by vinue ofs-uch law.
37. (1) If the Ccnhal Government is satisfied that it is necessary or expedient so to do, it may, by n~tification, amend Schcdule 1 or Schedule 11 or Schedule Il l or Schedule 1V and hereupon Schedule I or Schcdule II or Schedule 111 or ScheduleIV, as thc case may be, shall be deemed to have been amended accordingly.
(2 ) Acopy ofevery notification issued under sub-section (I), shalt be laid before each House of Parliament as soon as may be after i t i s issued.
38, The Centfaf Government may, fiom time to Lime, give such directions, as I! rnay cons&r necessary, to the State Governments f ~ h c effective implemcata~ion afthe provisions ofthis Acl and the Slate Goremrnentr shall camply with such directions
Steps lo furilae~ rdvancc. fwd and
nulrltlona1 sccuriry Otha wclfarc schemes
Powcr to adjudrutc Powcr ro dclcgatt by Central
Ciovcmmcnr and Stale Govcrnmcnt Acr lo have overriding effect. Powcr lo m e n d Schcdulrs Powcr of Ccntcal (iovcrnt~icnl lo e . t w
12
SERIES - I No. : 09
DATED : lST NOVEMBER, 2013. f'owc1 of
Ccnlral
Govtrnmcnr
to makc rvlts
39. (I)'Ihe Central Govemmcr~t may, in cunsultation with rhe.Stale Governmenis and by rmtificaiion, make njles to carry aul the provisions of this Act.
(2) In panicuiiu, and without picjudice ro the generality o f the foregoing power, such n1Ies may provide for all or any of the fallowirrg matters, namely:--
fa) scheme including cost sharing for providing maternity benefit to pregnant women and lactating mothers under clause (b) of section 4;
(b) schcmcs covering entitlements under sections 4, 5 and section 6 including cost sharing under section 7;
(c) amount, time and manner of payrnenr of food security allowance 10 entitled
individuals under scczion 8;
(4 introducing schemes of cash transfer, food coupms or other schemes to the targeted kneficiaria in ordcr to ensure their foodgrains entitlements in such areas
and manner under ch~rse (h) of sub-section (2) of section 12; fe) the onms and manner of providing assistance to the Statc Governments in meeting expenditure under clause (4 o f sub-section (4) of sation 22; manner in which hmds shall bc provided by the Central (iovmirnent lo l l le State Govcmnlents h case of shoa supply of fdgrains, under sccrinn 23;
(g) any other matter which is to be, or may be, p~escribed or in respect ofwhich
provisim 1s to be made by ttic Cen~al Govement by ruics.
(3) Every d e made by the Central Government under this Act shall be laid, as soon as may bc afier il is madc, before cach House of Parliament, while it is in session, for a tomi 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 hcd ia tc ly foilowing the sessiot~ or Otc successive sessions aforesaid, both Houses agee in making any modification in the rule or both Houses agree hat the rule should not be madc, the rule shall thereafter have effect only in such modified form or be ofno ere$ as the case may be; so, however, that any such modification or annulment shall be without prejudice to tht validity of anything previousiy done under that rule.
40, ( I ) The State Covcmcnt may, by notification, and subject to the condition of previous publication, and cunsistent with this Act and t]re rules made by the Central
Governmait, make mfes to camy out the provisions of this Act,
(2) In particular and witbut prejudice to the generality of the foregoing power, such
rules may providc for ail or any o f h c following matters, namely:--
(a) guidelines for identification ofpriority househotds under sub-section ( I f of section 10; #
(b) internal grievance rcdressal mechanism under section 14; ,
(c) qualifications Tot appointment as D-crtrict Grievance Rtdressal ORcm and its
powers under sub-section (2) of section 15;
(6) method and tcims and conditions of appointment of the District Grievance Rcdressnl Officer under subsection (3) of section 15;
(e) manner and time IimR far bearing cornpIaiats by the Disaict Grievance Redrcssal Onicer and the filing o f appeals under sub-scctions (5) and (7) o f ~ i o n 15; method of appointment and the t o m s and conditions of appointment of Chairpm.on, other Members and Memhr-Sc- of the Statc Commission, procedure lor meetings of the Cornmission and its powers, undcr sub-section (5) of section 16;
Cg) method of appointment of staff of the Sbte Commission, dleir satarics, allowances and conditions of service under sub-section ( 8 ) of section 16;
13
' %> SERIES - I No. : 09
DATED : I= NOVEMBER, 2013. th ) manner in which the Targeted Public Distribution System related records
shalt be placed in the ptrblic dbmain md kept open for inspection to public unclcr iccrion 27,
(i) manner in whkh the social audit on Ihe fimctioning o f fair price shops,
Targeted Public Disrribuiion System and other welfare schemes shall be conducicd under section 28;
(13 composition o f Vigilance Cornmirtees under sub-section ( I ) of section 29; ( k ) schemts OF programmes of the Cenual Guvemment or the Slate Govemrnen~ for utiliiation of institutional mechanism under section 43;
(4 any other mattcr which is to be, or may be, prescribed or in respect o f which provision is to be madc by the Stare Govcrnmcnt by rules. ( 3 ) Evay ruic, nuti [icatinn and guidelines made or issued by 8 e Slate Government imder this Act shall, as soon as may bt after it is madc or issued, be laid before each House of he Slate Lagislarure where thcrc are two llotses, md wherc there is one Housc o r h e State Legislature, Wore that House.
/.'
(.
41. The schemes, guidelines, ordm and food sti~~dard, grievance rekssal mechanism, Trans (tory v~gilancc ommittees, existifig on the date ofcommencement ofthis Act, shall continue to be ptovision~ for JI
in force and operate til l such schemes, guidelines, orden and food standard, grievance Schcmcs. widcltncs,
redressal mechanism, vigilance committees are specilied or notified under this Act or thc ,,,,
rules made thereunder:
Provided that anylhing done or any auion taken under rhc said schcmes, guidclinc;.,, orders and hod standard, grievance redressal mechanism, or by vigilance cornminces shall k deemed to have been danc or taken under Ihe corresponding provisions o f this Act and shall continue ro be in force accordingly unless and until superseded by anything done or
by any action taken under illis Act.
42. ( I ) i f any tjificuky arises in giving effect to the provisions o f this Act, the Central Power ro .
Covernmcnt may, by wdcr, publbhcd in the Official Gazette, make such provisions, not tCn'OVe difl-tculkicj inconsistent with d ~ e provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no order shall be madc under this section afier the expiry of two y e a kotn the date of commencement of this Acl.
(2) Every order madc under this section shall be laid, as soan as may be aRcr it is made, before each House orParliament. *
43. Ihe scAiccs of authorities to be appointed ot comtiruted undcr sections 15 and 16 Utitkbtion 61
'
may be utiiiscd in h e implementation of othcr schemes or p r o p r n e s of the Central ins'i'u'il'n'' mech&nism Govcmmcnt or thc Statc Govcmcnts, as may be pnscribed by the SMC Govcmcnt . lo, purports
44. The Central Government, or as the casc may be, the Statc Goucment, shall be Force liable for a claim by any person entitled undcr this Act, txccpt in the casc of W, flood,
drougltt, fire, cyclone or emhquakc affecting the regular supply of f d g r a i n s or meals to such pcrson mdcr his Act:
Provided that the Cenlral Government may, in consul~atian with the Planning Commission, declare whether or not any such situation atiecting the regular supply of
foodgrains or meals to such person has arisen or exists.
~ k d I O( 2017. 45. ( I ) me National Food Securiry Ordinance. 20 13 is hereby repealed.
( 2 ) NowiLhstandi~g such rcpl;.. -. (a ) artyhing dot,e, any actiun takcn or any identification of eligible hui~sctroids made; or
Rcpcd and
savings
14
SERIES - I' No. : 09
DATED : lST NOVEMBER, 2013.
(b ) any right, cntillen~cnl, privilcgc, obligation or liability acquired, accmed or incurred: or
(c) any guidelines framed or directions issued; or
(d) any investigal~on, inquiry or any other legal proccedmg initiated, conducted or con~inucd in respccf of such rigln, entitlement, privilege, obligation or liability a
, aforesa~d: or
( e ) any penalty imposed in respect ofany offence, under thesa~d Ordinance shall be deaned 10 have been done, taken,made, acquired, acrmed, ~ncvrred, hamcd, issued, initiated, conducted, continued or imposed undcrlhc correspondvlg prov~sions of this As!.
15
SERIES - I No. : 09
DATED : 1% NOVEMBER, 2013.
[See scclioni 3 ( / ) . 32(1). (J) arid 24 (2). (j)[
S
Eligrbic households shall bc entitled lo loodgrair~s under scction 3 ot the :uhridiscd pricc nor exceeding rupees 3 per kg forricc.rupecs 2 per kg fur wlleal and Npee I per kg for coarsc grains for e period of three years fmm lhc date of cornmcnccment o f this Acr; and
thereafter, ar such price, as may be fixed by the Central Covcrnmcr~r, from tirnc ro time, not excetding-
( I ] !he m~ni~num suppofi prlcc for wheat and coarse grains: and
as the care may be
16
9
- 41 -
SERIES - I NO. : 09 , DATED : ln NOVEMBER, 2013. --- -. -
[See sections 4(u), j ( 1 ) and Gj Nutririli(~nul slandar&: The nulritional standards for children in [hc age group rrf 6 months to 3 years, age group of 3 to 6 yem and premant womcn and lactating mothers rcquircd lo be met by providing "Take Hamc Rations" or nutritious hot cooked meat in
accordance with the Inte-grakd Child Devclbpment Services Schemeand nu!ritional standards
for childrcn in lower and upper primary cl;t~ses unda rhe Mid Day Meal Sd3crne arc m
follows. -------. -- ----- ---
Serial Category TW Of Calorie Protein
number - -- meal' OCw (9) -
I 2 3 4 5
8 I. Children (G months to ~ a k c tIome Ration 500 D-15
2 Childrm (3 to 6 years) Morning Snack and 500 12-15
Hot Cooked Meal
3 Children (6 months to Take Iiomc W o n 800 M.25 6 years) who arc
malnourished I . I,owcr primary classes Hot Cuokcd Meal 450 12 Hot Cooked M d 700
6. Pregnant women and Take Home Ration 603 W20
SERIES - I No. : 09
DATED : 1" NOVEMBER, 2013. A KWrnLIL
(See scction 3 1 ) PROVISIF~JS FUR ADVANCING F W > S~(.URITY
( I ) Rcvilnlisation ofAgricul ture--.
(a) agrarian rcfoms through rneasures for securing interests o f small and marginal
farmers;
(b) iacreasc in invcstmcnts iri agriculture, including mearch and dtveloprnen~ exrension services. micro and minor imigalion and power to increase prductivity and production;
(c) ensuring livelihood xcurity 10 fanners by way o f remunerative prices, access
ro inp~irs, credit, irrigatiod, powcr, crop insurance, ac.;
(4 pruhibiting urlwarranted diversion of land and water From food production.
(2) Procuremerti, Storage and Movement related interventions- (a ) incentivising decentraliscd procurement including procurement of coarse grains;
( b ) geographical divcrsificalion o f procurement operations;
(c) augmcnhcion of adequate dccentralised modern and scientific storage;
(4 giving top priority to movement of foodgains and providing sufiicicnt n u ~ b e r of rakes for this purpose, including expanding the line capacity ofrailways to facilitate
foodgrain moverncnl from surplus to consuming regions.
(3) Others: Access tu-
(a) safc and adequate dritkiog watcr and sanitation;
(b) Ircalth care:
(c) nuwi~iond, tieafth and cducarion suppon to adolescent girls;
(4 ndequa~c per~sions for senior citizens, personr with disability and single wornat.
18
SERIES - I NO. : 09
DATED : 1" NOVEMBER, 2013. .
[See section 3 0 )I
STATF-WISE' kL.L(X:hl'lON OF 1;001X;OINS - - __.-
---.
S . NO Namc of~ t fe State
--------------. .- ..----- Quantity (in lakh ~ o n ~ ) ---+
I 2
--.-.-..--.__-C_ _ _ _ _ . _ _ _ 3 -.- ----- -.
1. Andhra Pradesh 32. t0
2 Arunachal Fradesh 0.89
3. Assarn i6.95 4, E3ihar 5527
5. Chhaniqarh i2.91
6. Delhi 5.73
7. Gm 059
8 Gujamt 23.95
9. Haryana 7.95 10, IIimacbal Pradesh 5.08 I I . Jammu and Kashmir 7.51 .
12. Jharkhand 16.96
13. Kbmataka 25.56
14. Kcrdo 1425 15, Madhya Pradesh 34.68
16. Maharnshtra 4 5.a
17. Manipur 1.51
18. Meghalaya 1.76
19. blimram 0%
20. Nagaland 138
21. Odisha 21 -09
22. Punjab 8.70
23. Rajasthan 27.92 2A. skkim 0.44
25. Tamilndu 3678
26. T'ripw 2.7 1
27. Uttar kadeslr 96.15
28. Unarakhand 5.03
29. Wesl Bngal 38.49
30. Andaman .and Nicobar Islands 0.16
31. ~handigarh 03 1
32. Dadnand Nagar Wave! i 0.1 5
33 Daman and Diu 0.07
36. l,akshadwecp 0 05
35. Puducherry ----.--- 0.sO -..- Total 54926
19
20