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SERIES : I
Daman 23rd August, 2013, 1 Bhadra 1935 (Saka) * : 08 No.
O F F I C I A L G A Z E T T E
t
U.T. ADMINISTRATION OF DAMAN & DIU
m % P T m a ; n m m
PUBLISHED BY AUTHORITY - No. 1/113/CSD/DMN/NFSQ/2013-14/1960 U. T. Administration of Daman & Diu, Office of t h e Collector, Civil Supply Department,
Collectorate, Dholar,
Moti Daman :3 96 220.
Dated : 19/08/2013.
The National Food Security Ordinance, 2013 (No. 7 of 2013) is published in the Gazette of India, Extraordinary Part I1 - Section 1, New Delhi dated 5t" July, 2013 is hereby republished in the Official Gazette of this U.T. Administration of Daman & Diu for general information.
31-
( R. C. Meena)
Deputy Collector (Gen)/ Civil Supplies Officer, Darnan.
1
MINISTRY OF LAW AM) JUSTICE
(Legirlative Department) New Delhi rhe5fhJuly.2013iAsadha 14.1935 (Saka)
THE NATIONAL FOOD SECURITY ORDINANCE, 201 3
NO. 7 OF2013
Promulga~edb y the President in the Sixty-fourth Year of the Republic of India. An Ordinance to provide for food and nwitional security in human life cycle appmach, by ensuring access to adequate quantity of qualily fwd at affordable prices to people to live a life with dignity and for matters connected therewith or incidenral hereto.
WHEREAS the NarionalFood Security Bill, 20 1 1 was inuoduced in the House of h e People on the 22nd day of December. 201 1 and referred to the Depamnenr-relared Parliamentary %ding Committee on Food, ~o&ume~r f f a i rasn d Public Distribution which gave its repon on the 17th day of January, 2013 but the said Bill has not been passed;
AND WHEREAS in pursuance of the wnnitutional obligations, il is considered necessary to enact a law providing for food security to the people of the country to live a life with dignity;
AND WHEREAS Parliament is not in session and the Resident is satisfied that circumstances exist which render it necessary for him to takc immediate action to give effect to the provisions ofthe said Bill with cenain modifications; NOW. THEREFOE, in exercise of the powers conferred by clause (1) of anicle 123 of the Constitutioh the Rei~dentipsl eased toprornulgdtct he followingWinance:-
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CHAPIFR I
PRELIMINARY
Shot ti*. atcnl 1. (1) This Ordinance may be called the National Food Security
and --,m,,,, Ordinance, 20 1 3.
(2) It cxtends to the whole of India
(3) Save as otherwise provided, it shall come into force at once.
hfmitbns 2. In this Ordinance. unless the context otherwise requires,-
(I) "mgmwod~m eans a child care and development centre sct up under the Integrated Child Development Services Scheme of the Central G o v e m n t to render services covered under section 4. clause (a) of subsMion (I) ofsection 5 and section 6;
(2)" cenrral pool" means the stock of foodgrains which is.-
(i) procured by the Cenlral Government and the State Governments through minimum support price operations;
(ii) maintained for allocations under the Targeted Public Distribution System, other welfare schemes, including calamity relief and such other schemes;
(iii) kept as reserves for schemcs referred to in sub-clause
(ii);
(3) "eligible households" means households covered under the priority households and the Antyodaya Anna Yojana referred to in sub-section (1) of section 3;
(4) 'Yair price shop" means a shop which has been licensed to Ioorlgss
distribute essential commodities by an order issued under section j of the Essential Commodities Act, 1955, to the ration card holders undcr the Targeted Public Distribution System:
(5) Yoodgrains" means rice, wheat or coarse grains or any combination thereof conforming to such quality norms as may be determined, by order, by the Central Government from time to time;
(6) "food security" means the supply of the entitled quantity of foodgrains and meal specified under Chapter 11;
(7) -food security allowance" means the amount of money to be paid by the concerned State Government to the entitled persons under section 8:
(8) "local authority" includes Panchayat, municipality; district board, cantonment board, town planning authority and in the States of Assam, Manipur. Meghalaya. Mioram. Nagaland and Tripura where Panchayats do not exist. the village council or comrninec or any other body, by whatever name called, which is authorised under the Constitution or any law for the time being in force for srlf- governance or any other authority or body vested with the. control and management of civic services, within a specified local area:
(9) "meal" means hot cooked meal or ready to eat meal or take
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home ration, as may be prescribed by the Central Government;
(10) "mmimum support price" means the assured price announced by the Central Government at which foodgrains are procured from f m e r s by the Central Govcmment and the State Governments and their agencies, for the central pool;
(11) "notification" means a notification issued under !his O r d i i c e and published in the Official Gazette;
(12) "other welfare schemes" means such Government schemes, in addition to the Targeted Public Distribution Systcm, under which foodgrains or meals are supplied as part of the schemes;
(13) "person with disability" means a person defmed as such in
I or 1996 clause (I) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
(14) "priority households" means households identified as such under section 10;
(15) "prescribed" means prescribed by rules made under this Ordinance;
(Ib) "on card" means a document issued under an order or authority of the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Dimiburion System;
(1 7) ''rural area" means any area in a State except those areas covered by any urban local body or a cantonment board established or constituted under any law for the time being in force;
(18) "Schedule" means a Schedule appended to this Ordinance;
(19) "senior citizen" means a person defined as such under
56 o(XQ7 clause (h) of section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007;
(20) "social audit" means the process in which people collectively monitor and evaluate the planning and implunentation of a programme or scheme;
(21) "State Commission" means thc State Food Commission constituted under senion 16;
(22)" State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Consti~tiOn;
(23) "Targeted Public Disrribution System" means the system for distribution of essential commodities to thc ration card holders rhrough fair price shops;
(24) "Vigilance Committee" means a cornminee constituted under section 29 to supervise the lmplemzntation of all schemes under this Ordinance;
loot 1955 (25) the words and expressions nor defined here but defined in the Essential Commodities Act, 1955, or any other relevant Acr shall have the meaning respectively assigned to them in those Acts.
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CHAFER 11
PRO\lSIONS FOR FOOD SECURITY
3. (1) Every person belonging to priority households. identified under sub-section (I) of section 10, shall be entitled to w i v e five kilograms of foodgrains per person per month at subsidised prices specified in Schedule I eom the State Government under the Targeted Public Distribution System:
Provided that the households covered under Antyodaya Anna Yojana shall, to such extent as may be specified by the Central Government for each State in the said scheme, be entitled to thirty- five kilograms of foodgrains per household per month at the prices specified in Schedule I.
Explunu2ion.--For the purpose of this seetion, the "Antyodaya Anna Yojana" means, the scheme by the said name launched by the Central Government on the 25" day of December, 2000; and as mcdified t7om time to time.
(2) The entitlements of the persons belonging to the eligible households referred to in sub-section (1) at subsidised prices shall extend up to seventy-five per cent. of the mral population and up to fifty per cent. of the urban population.
(3) Subjed to sub-section (I), the State Government may provide to the persons belonging to eligible households, wheat flour in lieu of the entitled quantity of foodgrains in accordance with such guidelines as may be specified by the Central Govemmenr.
4. Subject to such schemes as may be framed by the Central
Govcmmcnf evny pregnant woman and laming mother shall be entilled t o -
(a) meal, free of charge, during pregnancy and six months after the child birth, through the local mgmwadi, so as to meet thc numtional standards specified in Schedule 11; and
@) maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the Central
Government Provided that ail pregnant women and lactating mothers in regular employment with the Central Govermnent or State Governments or Public Smor Undertakings or those who arc in receipt of similar benefits under any law for the time being in force shall not be entitled to benefits specified in clause (b).
5. ( I ) Subject to the provisions contained in clause (b), every child up to the age of fourteen years shall have the following entitlemems for his nutritional needs, namely:-
(a)i n the case of children m ihe age group of six months to six
yean, age appropriate meal, free of charge, through the local
anganwadr so as to meet the nunitional standards specified in Schedule 11:
Provided that for children below the age of six months,
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exclusive breast feeding shall be promoted; (bj in the case of children, up to class VlII or within the age group of six to fourteen years. whichever is appliable, one midday meal, Crec of charge, everyday. except on school holidays. in all schools run by local bodies, Govemrnent and Government aided schools, so as to meet the nutritional standards specified in Schedule 11.
(2) Every school, referred to in clause (b) of sub-section ( I ) , and
unganwadi shall have facilities for cooking meals, drinking water and sanitarian:
Provided that in urbau areas facilities of ~ntral isfdk itchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government.
6. The State Govcmment shall, through the local angunwadi. identify~v.nnon~d and provide meals, free of charge, to children who suffer Gorn rnmyonmr of , , , , ,d~numuon
malnutrition, so as to meet the nutritional standards specified in Schedule
11.
7. The State Governments shall implement schemes covering h ~ l a m e n o n o f entitlements under sections 4, 5 and seaiod 6 in accordance with the xhmxs for rd,sliMld
guidelines, including wn sharing, between the Central Government and entitlemenu.
the State Governments in such manner as may be prescribed by thc Central Government.
CHAPTER III
FOOD S C U WA LLOWANCE
8. In case of non-supply of the entitled quantities of foodgrains or Rlghcw-iw
rod wcuriry
mmls to entitled persons unda Chapter n, such persons shall be entitled ~ l l o ~ m e cm,n
to receive such fwd security allo%ance &om the concerned State -. Government to be paid to each person, within such time and manner as may be prescribed by the Central Government.
CHAPTER IV
IDEN~FICATIONO F ELIGIBLE HOUSEHOLDS
9. The percentage coverage under the Targeted Public COvaagCO[ pcpulatim under
Disuiburion System in rural and urban areas for each State shalt, T ~ ~ C ~ P U ~ I ~ C
subject to sub-section (2) of section 3, be determined by the Central Dmibut'm
Government and the total number of persons to be covered in such ~ r aalnd urban areas of the State shall be calculated on ~e basis of rhe population estimates as per the census of which the relevanr fi~urehsa ve been published.
10. (1) The State Government shall, within thc number of SU'c*yrrnm'fD pmprrc guule:tW.
persons determined under section 9 for the rural and urban areas. mdl, ,daeh
identify- ~ c ~~QoY\c!"~,~AS~ I ~
(a) the households ro be covered under the Antyodaya Anna Yojana to the extent specified under sub-section ( I ) o fsec~ion3 .
in accordance with the guidelines applicable to the said scheme; (bj the remaining households as priority households to be
6
covcrcd undcr the 'Targeted Public Dinribution Sysrctn. in accordance with such guidelines as the State Government may specify:
Provided that Lhe State Govemment may, as soon as possible, but wilhin such period not exceeding one hundred and eighty Jays, after the commencement of the Ordinance, identify the eligiblc households in accordance with the guidelines framed under this sub- section:
Providcd further that the State Government shall wminuc to receive the allocation of foodgrains from the Central Government undcr the existing Targeted Public Distribution System, till the identification of such households is complcte.
(2) The State Government shall update the list of eligiblc households. within the number of persons determined under section 9 for the mra! and urban areas, in accordance with the guiddincs framed under sub-section (1).
Publrslanand 11. 'She State Government shall place the list of the identified
d r r p t y o r ~o~rt d~grb~c eligible households in the public domain and display it prominently. h o w h o ~
CHAFTER V
REFORMS W TARGETED PUBLlC DISTRIBUTION SYSTEM Rcfnmr m 12. (1) The Central and State Governments shall endeavour to
Torgad Fubt!c
,,a,, progressively undertake nem+ary reforms in the Targeted Public
SYnm Distribution System in consonance with Ibe role envisaged for them in this Ordinance.
(2)T he reforms shall, inter alia, include-
(a) doorstep delivery of foodgrains to the Targeted Public Distribution System outlets;
(b) application of information and communication technology tools including end-to-end computerisation in order to ensure tmsparent reoording of transactions ac all leveis, and to prevent diversion;
(c) leveraging "aadhaar" for unique identification. with biometric informdion of entitled beneficiaries for proper rargeting of benefits under this Ordinance;
(J)f ull vansparency of records,
(e) preference to public instiMions or public bodin such as Panchayats, self help groups. cooperatives, in licensing of fair pricc shops and management of fair price shops by women or their collectives;
V) diversification of commodities distributed under the Public Disrribution System over a period of time;
(g)s upporl to local public distribution models and grains banks;
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(h) introducing schcmes, such as, cash transfer, food coupons. or other schemcs, to &c targeted beneficiaries ifl lieu of their roodgrain entitlements sptcitied in
Chapter 11. in such area and manner as may be prescribed by the Central Government.
CHAPTER VI
WOMEN EMPOWERMEM
13. ( I ) The eldest woman who is not less than eightccn y w s of agc, wO"mofcl@a ymn of a p o r
in every cligible household, shall be head of the household for the abovembchcadoi
purpose of issue of tation cards. houxho~dfo r pu- of uruc or
mtmn cards
(2) Where a household at any time docs not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen yean, then, the eldest male member of the household shall be the head of the household for the purpose of inue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards iri placc of such male member.
CHAPTER V11
GRIEVANCE REDRESSAL MECHANISM
14. Every State Government shall put in place an internal grievance "-En-e
redressal mechanism which may indude call centres, hclp lines,rcddh,, designation of nodal offcers, or such other mechanism as may be prescribed.
15. (1) The State Government shall appoint or designate, for E20z
each district, an officer to be the District Grievancc Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter n, and to enforce the entitlements under this Ordinance.
(2) The qualifications for appointment as Dinria Grievance Redressal Offlcer and its powers shall be such as may be prescribed by thc State Government.
(3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may he prescribed by the State Government.
(4) The State Government shall provide for the salary and allowances of the Distria Grievance Redressal Officer and other staff and such other expenditure as may be considered necessary for their proper functioning.
( 5 ) The officer referred lo in sub-section (I) shall hear complaints regarding non-distribution of entitled foodgrains or meals, and matters relating rhercto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the State Government.
(6)A ny complainant or the officer or authority against whom any order has been passed by officer referred to in sub-sectinn (I). who is not
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satisfied wit11 the redressal of grievance may file an appeal againsr such ordcr before the State Commission.
(7) Every appeal under sub-section (6)s hall be filed in such nianncr and within such time as may be prescribed by the Statc Government.
Slalr Fmd. 16. (1 ) Every Srate Govcmment may. by notification, cor?sGtutc a
Commlnlon
State Food Commission for the purpose of monitoring and review of implementation of this Ordinance.
(2) The Statc Commission shall consist of -- (a)a Chairperson;
(b )f ive other Members; and
(c) a Member-Secretary. who shall be an officer of the Statc Government not below the rank of Joint Secretary to that Government:
Provided that there shall be at least two women, whethcr Chairperson. Mcmber or Member-Secretary.
Provided further that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Triks, whether Chairperson, Member or
Member-Secretary.
(3) The ~ h a i r p c r s oan~d other Members shall be appointed from amongst persuns-
(a) who are or have been member of the All India Serviccs or any other civil services of the Union or State or holding a civil post under the Union or State having knowledge and experience in maners relating to food security, policy making and adminismion in the field of agriculture, civil supplies, nutrition. health or any allied field; or
(b)o f eminence in public l i e with wide knowledge and experience in agriculture, law, human rights, social service, management, nunition, health, food policy or public administration; or
(c) who have a proven record of work relating to the improvement of the fwd and nutrition rights ofthe poor.
(4 ) The Chairperson and every other Member shall hold oftice for a term not e x d i g f ive years from the date on which he enters upon his office and shall be eligible for reappointment:
Provided that no person shall bold office as the Chairperson or other Member after he has anained the age of sixxy-five years.
( 5 ) The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member-Secrefary of *e Smte Commission ma: be appointed. and rimc. place and procedure of meetings of the Satc Commission (including the quorum at such meetings) and its powers. shall be such as may be prescribed by rhc Statc Government.
(6) The Stale Commission shall undenakc the follo\ving functions. namely:....
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( a )m onitor and evaluate the implementation of this Ordindnce, in relalion to the Stale;
(6) either suo moru or on receipt of cornplainl inquire in:o violations of entidemenu provided under Chapter II;
(c) give advice to the State Govemment on effective implementation of this Ordinance;
(d) give advice to the Statc Govemment, their agencies, autonomous bodies as well as non-governmental organisations involved in delivery of relevant services, for the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in this Ordinance;
( e ) hear appeals against ordcrs of the Dinrict Grievance Redressal Officcr;
V) prepare annual repupom which shall be laid before the State Legislature by rhe State Governmcnt.
( i ) The State Government shall make available to the Statc Commission, such administrative and technical staff, as it may consider necessary for proper functioning of the State Commission.
(8) The method of appointment of the staff under sub-section (7),
their salaries, a l lowana and conditions of service shall be such. as may be prescribed by the State Government.
(9) The State Government may remove from office the Chairperson or any Member who-
(a)i s, or at any time has bee% adjudged as an insolvent; or
( b ) has become physically or mentally incapable of acting as a member; or
(c) has been convicled of an offence which, in the opinion of the State Government. involves moral turpitude; or (4h as acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
(c) has so abused his position as 10 render his continuation in office detrimental to the public interest.
(IO) No such Chairperson or Member shall be removed under clause (4o r clause (e) of sub-section ( 9 ) unless he has been given a reasonable opportunity of being heard in the maner.
17. The State Govcrnmenr shall probide for salary and allowances of Chairperson, other Members, Member-Secretary, support staff. and other administrative expcnses required for proper functioning of the Statc Commission. &retar?. and orhci nanofSote
Comm:5>70p
18. The State Government ma), if considers it necessary. b) Dcragruum of en?
Commision or
notification, designate any statutory commission or a body to hod? lo funcrlon 6
exercise thc powers and perform the Functions of the State Swrc Cocn:rJ;on Co~iimissionre ferred to in section 16.
19. Notwithstanding anything contained in subsection (I) of sectionJOmS l"CFo-3 Commr.ven
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16. two or more States may have a joint State Food Commission lor the purposes of this Ordinance with the approval of the Central Government
20. ( I ) T he State Commission shall, while inquiring into any manex referred to in clauses (b) and (e) of sub-section (6) of section 16, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, and, in particular, in respect of the following matten. 5 0 f l 9 ~ 8
namely:-
(a)s ummoning md enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document:
(c) receiving evidence on affidavits; (6)r equisitioning any public record or copy thereof from any coun or office; and
(e) issuing commissions for the examination of wifnesses or documents.
(2) The State Commission shall have the power to fonvard any case to a Magisuate having jurisdic~iont o try the same and the Magistrate to whom any such case is forwarded shall proceed to hcar the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. 2 of1973
21. No act or proceeding of the State Commission shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of. the State Commission; or
(b) any defect in the appointment of a person as the Chairperson or a Member of the State Commission; or
(c) any irregularity in the procedur'e of the State Commission not affecting the merits of the case.
CHAPTER VllI
OBLIGATIONS OF CENTRALG OVERNMEFNOTR FOOD SECURITY
22. (1) The Central Government shall, for ensuring the regular supply of foodgrains lo persons belonging to eligible households, allocate from the central pool the required quantity of foodgrains to the State Governments under the Targcrcd Public Distribution System. as per the entitlements under section > and at prices specified in Schedule 1.
(2)? he Central Government shall allocate foodgrains in accordance nith the number of persons belonging 10 the eligible households . idcndtied m each State under section 10.
(3) The Central Govemmen~s hall provide foodgrains in respect of entitlements under sections 4. 5 and section 6. to thc State Governmcnrs. at prices specified for the pasons belonging to eligible households in Schedule 1.
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(8) Without prejudice to sub-section (I), the Central Government shall,---
(a) procure foodgrains for the central pool through its own agencies and the State Governments and their agcncics;
(b)a llocate foodgrains to the States;
(c) provide for fransportation of foodgrains, as pcr allocation. to the depots designated by the Central Government in =ch State:
(d) provide assistance to the State Government in meeting the expenditure incurred by it towards intra-State movement, handling of foodgrains and margins paid to fair price shop dealers, in accordance with such norms and manner as may be prescribed by the Central Government; and
(e) create and maintain required modcrn and scientific storapt:
facilities at various lcvels.
23.. In case of shorf supply of foodgrains from the central pool to a P"islom for rund~ by C-l
State, the Central Government shall provide funds to the exlent of shon kvrn.mcnrmSrarr supply to the State Government for meeting obligations under Chapter I1 Gvcmmr in
in such manner as may be presm.bed by the Central Government. c-in cmd
CHAPTER DC
OBLIGAT~ONOSF STATEG OVERN~UEFNORT FOOD SECURITY
24. (1) The Stale Government shall be responsible for ~ ~ l ~ c n n u m ~
implementation and monitoring of the schemes of various Ministries and ~ m ~ ~ ~ ~ f Depanments of the Central Government in accordance with guidelines cnruringfd
issued by the Central Government for each scheme. and their own IFN"p schemes, for ensuring food security to the targeted beneficiaries in their State.
(2) Under the Targcted Public Distribution System, i~ shall be thc duty of the State Govemmcnl t o -
(a)t ake delivery of foodgrains from the designated depots of the Cenual Government in the Stale. at the prices specified in Schedule I, organise intra-Statc allocations for delivery of the allocated foodgrains through their authoriscd agencies at the door- step of each fair price shop; and
(b) ensure actual delivery or supply of the foodgains to the entitled persons at the prices specified in Schedule 1.
(3) For foodgrain requiremenrs in respect of entitlements under sections 1. 5 and section 6. it shall he the respontihility of the State Government to wke delivery of foodgrains from the designated depots of the Central Government in the State. at the prices spccified in Schedule 1 for persons brlonginp to eligible househo:ds and ensure actual deliver?. of enrirled benefits, as specified in the sections afosesaid.
( 4 ) In case of non-supply of the entitled quantities of foodgrains or
meal? to entitled persons under Chap~er11 . the State Government shall he responsible for pa).mffll of food security allo\\ance specilicd in section 8.
( 5 ) For eff~cient operations of the Targaed Public Distribudon
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System. every State Governtnent shall.-
(a) crcate and maintain scienlific storage facilities at the State. DisrrCn and Block level$ being suificient to acconvnodate foodgrains ruquired under fhe Targeted Public Dislribution System and other food bawd welfare schemes;
(b) suitably strengthen capacities of their 1:ood and Civil Supplics Corpdrations and other designated agencies;
(c) establish institutionalised licensing arrangements for fair price shops in accordance with the relevant provisions of the Public Distribution System (Control) Order, 2001 made under the Essential It,,,llPsL Commodities Act, 1955, as amended from time to time.
CHAPTER X
OBLIGATIONOSF LOCN. numomw
25. (I) The local authorities shall be responsible for the proper implementation ofrhis Ordinance in their respective areas.
(2) %'ithoot prejudice to sub-senion (I), the State Government may assipn, by notification, additional responsibilities for implementation of the Targeted Public Distribution System to the local authority.
26. in implementing diffcrenr schemes of the Ministries and Departsncnts of the Central Government and the State Governments, prepared to implement provisions of this Ordinance, the local authority shall be responsible for discharging such duties and responsibilities as may be assigned to them, by notitication, by the respective State Governments.
CHAPTER XI
hwlorurcof 27. All Targcted Public Distribution System related records shall be
rccordl of TargetdPubbr placed in the public domain and kept open for inspection to tho public, in ~ m b u i t o . such manner may be prescribed by the Stalc Government.
s>stcm C O ~ U CoI r ~ ~ ~ l s l 28. (1) Every local authority, or any other authority or body, as may
auda be authorised by the State Government, shall conduct or cause to be conducted, periodic social audits on the functioning of fair pricc shops. Targaed Public Distribution System and other welfare schemes, and cause to publicise its fmdings and take necessaty action. in such manner as may be prescribed by the State Government.
(2) The Cenval Government may, if it considers necessary, conduct or cause to be conducrcd sociat audit through independent agencies having experience in conducl of such audits.
h~.ple!r 29. ( 1 ) For ensuring transparency and proper function~ng of the .L I~I~IICF Targeted Public Dinribution System and accountability of the funnionaries in such syaem. every State Government shall sct up Visilance Cornmines as specified in the Public Distribution System (Controll Order. 2001. made under the Essential Commodities Act. 1955. 'oc! zv-
as amended from time ro lime. at the State. District. Block and fair pricc shop levels consisting of such persons. as may he prescribed by the State Govmment giving due representation to the local authorities. thc
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Scheduled Castes, the Scheduled Tribra women and destitute persons or persons wilh disability.
(2) The Vigilance Committees shall pcrCorm the Following functions, namely :-
(a)r egularly supervise the implementation of all schemes under this Ordinance;
(6) inform the District Grievance R e d r d Officer, in writing, of ady violationof the provisions of this Ordiiancc; and
(c) inform the Distrid Grievance Redressal Off~cer,i n writing. of any malpraaice or misappropriation of funds found by it. C H A r n R XI1
PROVLSIONS FOR ADVANCIXG FOOD SECURITY
30. The Central Government and the State Governments shall, while F = ~ - I ' Y ~ o ~
implementing the provisions of this Ordinance and the schemes for ~~~~~~~d
meeting specified entitlements, give special focus to the needs of the mtd-
vulnerable groups especially in remote areas and other areas which are difficult to access, hilly and tribal areas for ensuring their food security.
31. The Cenrral Govemment. the State Governments and local SW"c*m authorities shall, for the purpose of advancing food and numtional ad- l& snd security. strive to progressively realise the objectives specified in Schedule
111.
CHAPTER xln
MISCELLQNEOUS
32. (1) The provisions of this Ordinance shall not preclude the 2zg:fMc Central Govemment or the State Govemment from continuing or formulating other food based welfare schemes.
(2) Notwithstanding anyrhing contained in this Ordinance, the State Govemment may, continue with or formulate food or nutrition based plvls or schemes providing for benefits higher than the benefits provided under this Ordinance, from its own resources.
33. Any public servant or authority found guilty, by the Sralc PCM"lu
Commission ar the time of deciding any complaint or appeal, of failing to provide the relief recommended by the District Grievance Redressal
Officer. without reasonable cause, or wilfully ignoring such recommendation. shall be liable to penalty not exceeding five thousand NpeCS:
Provided that the public servant or the public authority. as the case may be, snall be giwn a reasonable opportunity of being heard beforc any penalty is imposed.
34. (1) For the purpose of adjudging penalty under section 5:. the P O \ \ ~ " d J N ' c a "
State Commission shall authorise any of its member to be an adjudicaring officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.
(2) While holding an inquiry the adjudicating officer shall have
power to summon and enforcc the anendance of any person aquainted
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with thc facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer. may be useful for or relevant to the subject matter of the inquiry and if. on such inquiry. he is satisfied that the pmon 11as failed to provide the rclicf recommended by the District Grievance Redrcssal Ofiicer. without reasonable cause, or wilfully ignored such recommcndation. he may impose such penalty as he thinks fit in accordance with the provisions of section 55.
POW to 35. (I) The Central Governmenl may, by notification, direct that the
dC*u'FimbyI powers exercisable by it (ejtcept the power to make rules), in such
Gwrmmcnland circumstances and subject to such conditions and limitations, be
sw exercisable also by the Statc Govemment or an offxcer subordinate to the Ga~mmcnl.
Central Govemment or the State Government as it may specify in the notification.
(2)T he State Government may, by notifica~iond, irect that the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by an officer subordinate to it as it may specify in h e n otification. Cvdismw 36. The plovisions of this Ordinance or the schemes made thereunder
hveovrrriding cftect, shall have effea notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law.
POW to ammd 37. (1) If the Central Government is satisfied that it is necessary or
SEbedvla expedient so to do, it may, by notification, amend Schcdulc 1 or Schcdule I1 or Schedule IU and thereupon Schedule 1 or Schedule I1 or Schedule 111,
as the case may be, shall be deemed to have been amended accordingly. (2)A wpy of every notif idon in& under sub-section (I), shall be laid before each House of Parliament as soon as may be after it is issued.
pcvcr of Carnal 38. The Central Government may, *om time to time, give such G ,i o , vs , m ,d mcn , t lo direaions, as it may consider necessary. to the State Governments for the effective implementation of the provisions of this Ordinance and the State Governments shall comply with such directidns.
Poxnorcolvtl 39. (1) The Central Government may. by notification. and subjcct to
Gowmmcnllo makc MU the condition of previous publication, make ~ l e sto carry out the provisions of this Ordinance.
(2) In particular. and witbout p&judiu: to thc generality of the foregoing power. such ~ l e msa y provide for all or any of the following matters, namely:--
(a) scheme including cost sharing for providing maternity benefit to pregnant women and lactating mothers under clause (b)o f senion 4:
(b) schemes covering entitlemenis under sections 4. 5 and . seaion 6 including cost sharing under section 7;
(c) amount. time and manner of payment of food security allo\rance lo entitled individuals under section 8;
(d) introducing schemes of cash transfer, food coupons or other schemes to the targeted beneficiaries in lieu of their foodgrains entitlements in such arcas and manner under clause (h) of sub-section
15
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(2) of section 12;
(e) the norms and manner of providing assisrance to tile State Governments in meeting expenditure under clause (d) of sub-section (4) of section 22;
(0 manncr in which funds shall be providcd by the Ccnml Government to the State Governments in case of shoa supply of foodgrains, under section 23;
(g) any other maner which is to be, or may be, prescribed or in rcspca of which provision is to be made by the Ccntral Government by rules.
(3) Every rule made by the Central Government under this Ordinance shall be laid, as soon ar may be after it is rnadc, before each House of Parliament, while it is in session, for a total F-od of thirty days which may be comprised in one session or in two or more successive xrsions, and if, before the expiry of the session immediately following the session or the successir,e sessions aforesaid, both Houses agree in maliing any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effecl only in such modified fonn or
bc of no effect, as the case may bc, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
40. (1) The State Government may, by notification, and subject to the ~ ~ F n ~ O
condition of previous publication, and consistent with this Ordinance and rmLeNlcl
the rules made by the Central Government, make rules to carry out the provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following maners, namely:-
(0) guidelines for identification of priority households under sub-section (1) of section 10;
(b) internal grievance redressal mechanism under section
14:
(c) qualifications for appointment as District Grievance Redressal Officer and its powers under sub-section (2) of section 15;
(d) mahod and terms and conditions of appointment of the District Grievance Redressal Officer under sub-section (3) of section IS;
(e) manner and time limit for hearing complaints by the District Grievance Redressal Officer and the filing of appeals under sub-sections (5) and (7) of section IS;
( f ) method of appointment and the terms and conditions of appointment of Chairperson, other Members and Member-Secretary of thc State Commission. procedure for mectings of the Commission and its powers. under sub-section (5) of section 16; - ( y ) method of appointment of naff of ihc State Commission
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their salaries, allowances and conditions of service under sub-section
(8) of section 16;
(h) manner in whicli the Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to public under section 27;
(i) manner in which the social audit on the functionins of fair price shops. Targcted Public Distribution System and other welfare schmes shall be conducted under
section 28:
(j>c ompositioii of Vigilance Comminces under sub-section
(1) of section 29;
(k) schemes or programmes of the Central Govemment or the State Governments for utilisation of institutional mechanism under section 43;
(0 any other matter which is to be, or may be, prescribed or in
respect of which provision is to be made by the State Govemment by rules.
(3) Every rule, notification and guidelines made or issued by the State Govemment under this Ordinance shall, as soon as may be after it is made or issued, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislarure, before that House.
Tn&imry 41. The schemes, guidelines, orders and food standard. grievance
provlwm for
wh-. redressal mechanism, vigilancc comminees, existing on the date of
gutdclims. cic commencement of this Ordinance, shall continue to be in force and operate till such schemes, guidelines, orders and food standard, grievance redressal mechanism, vigilance committees are specified or notified under this Ordinance or the rules made thereunder:
Provided that anything done or any action taken under the said schemes, guidelines, orders and food standard, grievance redrasal mechanism, or by vigilance committees shall be deemed to have been done or taken under the co~~espondinpgro visions of this Ordinancc and shall continue to be in force accordingly unless and until superseded by anything done or by any a d o n taken under this Ordinance.
Pow lo m o v e 42. (1) If any difficulty arises in giving effect to the provisions of this
dificdna Ordinance, the Central Govemment may, by order, published in the Official m e , m ake such provisions, not inconsistent with the provisions of this Ordinance, as appear to it to be necessary or expedient for removing the difficulp:
Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Ordinance.
(2) Every order made under this section shall be laid. as soon as may be after it is made. before each House of Parliament.
43. The services of authorities to be appointed or constituted undcr sections 15 and 16 may be utilised in the implementation of other schemes or programmes of the Ccntral Govemment or rhc State Governments. as may be prescribed by the State Government.
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1 SERIES - I No. : 08 1 / DATED : 23RDA UGUST, 2013. 1
44. The Central Govemment, or as the case may be, the State ForLeMqr"'
Government, shall be liable for a claim by any person entitled under this Ordinance, except in the case of war, flood, drought, fire, cyclone or earthquake affecting the regular supply of foodgrains or meals to such person under this Ordinance:
Provided that the Central Government may, in consultation with the Planning Commission, declare whether or not any such situation affecting the regul~su pply of foodgrains or meals to such person has arisen or exist.
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SCHEDULE I
[See sections > ( I ) ,2 2(/), (3) and 24(2), (3)]
SUBSDISEDPR ICES UXDERTARGETED PUBLIC DISTRIBUTION SYSTEM
Eligible households shall be entitled to foodgrains under section 3 at the subsidised price not exceeding rupees 3 per kg for rice, rupees 2 per kg for whcat and rupee 1 per kg for coarse grains for a period of three years from the date of commencement of this Ordinance:
and thereafter, at such price, as may be fixed by the Central Government, from time to time, not exceeding,
(i) the minimum support price for wheat and coarse grains; and
(ii) the derived minimum support price for rice, as the case may be.
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DATED : 23RDA UGUST, 2013.
[See sections 4(a),5 (1) and 61 Nu~itionals randmds: The nuhitional standards for children in the age group of 6 months to 3 years, age group of 3 to 6 years and pregnant and lacrating women required to lx met by providing .Take Home Rations'l or nutritious hot cooked meal or ready to eat meal in accordance with the Integrated Child Development Services Scheme and nutritional standards for children in lower and upper primary elassesunder the Mid Day Meal Scheme are as follows:
' Serial Category
number Type of Calories Protein
meal 2 (K-1) (g) I
I 2 3 4 5
Children (6 months to 3 Take Home 500 12-15 Ration
Children (3 to 6 years) Morning Snack 500 12-15 and Hot Cooked
Meal
I I I I I
Children (6 months to 6 Take Home I 800 20-25 years) who are Ration ma]n&rished
4. Lower primary classes Hot Cooked Meal 450 12
5. Upper primary classes Hot Cooked Meal 700 20 Pregnant women and Take Home 600 18-20 I
6. 1 Lactating snorhem 1 Ration I Note: I -Ener-gv Dense Foodfom/ied with micronutrients as per 50 per cenf. of Recommended Dietary Allowance.
Note: 2.-The provisions of the Food Safety and Standards Act, 2006 (34 of 2006) and any other law for the rime being in firce shall apply 10 Meals referred lo in this Schedule.
ME: Xuxritional standar& are norified lo provide balanced die1 and n u f r i f i ofi~o~&~ in fenns of the calorie c o r n . prorein value and micronlrnienrs specified
20
SERIES - I NO. : 08
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SCHEDULE I11
(See section j I)
PROVISIONS FOR ADVANCING FOOD SECURITY
(1) Kevjtalisation of Agriculture -
(a) agrarian reforms through measures for securing intereas of small and marginal farmers;
(b) increase in investments in agriculture, including research and development, extension semccs, micro and minor irrigation and vower to increase productivity and production;
(c) ensuring livelihood security to farmers by way of remunerative prices, access to inputs, a d i t , irrigation, power, crop insumnee, etc;
(d) prohibiiig unwarranted diversion of land and water from food production.
(2) Procurement, Storage and Movement related intcrventions-
(a) mcentivising dccentralised procurement including procurement of coarse grains; @) geographical diversification of procurement operations;
(c) augmentation of adequate decentralised modem and scientific storage;
(d) giving top priority to movement of foodgmia and providing sufficient number of rakes for this purpose, including expanding the line capacity of railways to Fdcilitate foodgain movement from surplus to consuming regions.
(3) Others: Access to -
(a) safe and adequate drinking water and sanitation; @) health care;
.(c) nutrition& health and education suppo~tto adolexent girls;
(d) adequate pensions for senior citizens, p o n sw itb disability and single women.
PRANAR MI,?L WEE Presidenr
P.R. hlALI1OTRA.
S~C)1.0 rhe GUVIi !f It~dia
[Government Pflnting Pren, Daman. 08/2013 - 250..1
[Price Rs. 1l.OOJ
21