A THAK: National Food Security Act 2013 (Reproduced)

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITY

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No. 29] NEW DELHI, TUESDAY, SEPTEMBER 10, 2013/ BHADRA 19, 1935 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAWAND JUSTICE

(LegislativeDepartment)

New Delhi, the 10th September, 2013/Bhadra 19, 1935 (Saka)

The following Act of Parliament received the assent of the President on the

10th

September, 2013, and is hereby published for general information:—

THE NATIONAL FOOD SECURITYACT, 2013

NO. 20 OF 2013

[10th September, 2013.]

AnAct to provide for food and nutritional security in human life cycle approach,

by ensuring access to adequate quantity of quality food at affordable prices

to people to live a life with dignity and for matters connected therewith or

incidentalthereto.

BE it enacted by Parliament in the Sixty-fourthYear of the Republic of India as follows:—

CHAPTERI

PRELIMINARY

(1) This Act may be called the National Food SecurityAct, 2013.

Short title,

extent and

commencement.

(

2) It extends to the whole of India.

(

3) Save as otherwise provided, it shall be deemed to have come into force on the

5th day of July, 2013.

In this Act, unless the context otherwise requires,—

1) "anganwadi" means a child care and development centre set up under the

Definitions.

(

Integrated Child Development Services Scheme of the Central Government to render

services covered under section 4, clause (a) of sub-section (1) of section 5 and

section 6;

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

(

2) "central pool" means the stock of foodgrains which is,—

(i) procured by the Central Government and the State Governments through

minimum support price operations;

(

ii) maintained for allocations under the Targeted Public Distribution

System, other welfare schemes, including calamity relief and such other schemes;

(

iii) kept as reserves for schemes referred to in sub-clause (ii);

(

3) "eligible households" means households covered under the priority

households and the Antyodaya Anna Yojana referred to in sub-section (1) of

section 3;

(

4) "fair price shop" means a shop which has been licensed to distribute essential

commodities by an order issued under section 3 of the Essential Commodities Act,

to the ration card holders under the Targeted Public Distribution System;

1955,

of 1955.

(

5) "foodgrains" means rice, wheat or coarse grains or any combination thereof

conforming to such quality norms as may be determined, by order, by the Central

Government from time to time;

(

6) "food security" means the supply of the entitled quantity of foodgrains and

meal specified under Chapter II;

(

7) "food security allowance" means the amount of money to be paid by the

concerned State Government to the entitled persons under section 8;

(8) "local authority" includes Panchayat, municipality, district board, cantonment

board, town planning authority and in the States of Assam, Manipur, Meghalaya,

Mizoram, Nagaland and Tripura where Panchayats do not exist, the village council or

committee or any other body, by whatever name called, which is authorised under the

Constitution or any law for the time being in force for self-governance or any other

authority or body vested with the control and management of civic services, within a

specified local area;

(

9) "meal" means hot cooked or pre-cooked and heated before its service meal or

take home ration, as may be prescribed by the Central Government;

(

10) "minimum support price" means the assured price announced by the Central

Government at which foodgrains are procured from farmers by the Central Government

and the State Governments and their agencies, for the central pool;

(

11) "notification" means a notification issued under this Act and published in

the Official Gazette;

(

12) "other welfare schemes" means such Government schemes, in addition to

the Targeted Public Distribution System, under which foodgrains or meals are supplied

as part of the schemes;

(

13) "person with disability" means a person defined as such in clause (t) of

section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights

and Full Participation)Act, 1995;

1 of 1996.

(

14) "priority households" means households identified as such under

section 10;

(

15) "prescribed" means prescribed by rules made under this Act;

16) "ration card" means a document issued under an order or authority of the

State Government for the purchase of essential commodities from the fair price shops

under the Targeted Public Distribution System;

(

17) "rural area" means any area in a State except those areas covered by any

urban local body or a cantonment board established or constituted under any law for

the time being in force;

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(

18) "Schedule" means a Schedule appended to this Act;

19) "senior citizen" means a person defined as such under clause (h) of section 2

6 of 2007.

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 implementation of a programme or scheme;

21) "State Commission" means the State Food Commission constituted under

section 16;

(

(22) "State Government", in relation to a Union territory, means theAdministrator

thereof appointed under article 239 of the Constitution;

(

23) "Targeted Public Distribution System" means the system for distribution of

essential commodities to the ration card holders through fair price shops;

24) "Vigilance Committee" means a committee constituted under section 29 to

supervise the implementation of all schemes under this Act;

25) the words and expressions not defined here but defined in the Essential

(

0 of 1955.

CommoditiesAct, 1955, or any other relevantAct shall have the meaning respectively

assigned to them in those Acts.

CHAPTERII

PROVISIONS FOR FOOD SECURITY

(1) Every person belonging to priority households, identified under sub-section (1)

Right to

of section 10, shall be entitled to receive five kilograms of foodgrains per person per month

at subsidised prices specified in Schedule I from the State Government under the Targeted

Public Distribution System:

receive

foodgrains at

subsidised

prices by

persons

belonging to

eligible

households

under Targeted

Public

Distribution

System.

Provided that the households covered under Antyodaya Anna Yojana shall, to such

extent as may be specified by the Central Government for each State in the said scheme, be

entitled to thirty-five kilograms of foodgrains per household per month at the prices specified

in Schedule I:

Provided further that if annual allocation of foodgrains to any State under the Act is

less than the average annual offtake of foodgrains for last three years under normal Targeted

Public Distribution System, the same shall be protected at prices as may be determined by the

Central Government and the State shall be allocated foodgrains as specified in Schedule IV.

Explanation.— For the purpose of this section, the "Antyodaya Anna Yojana" means,

the scheme by the said name launched by the Central Government on the 25th day of

December, 2000; and as modified from time to time.

(

2) The entitlements of the persons belonging to the eligible households referred to in

sub-section (1) at subsidised prices shall extend up to seventy-five per cent. of the rural

population and up to fifty per cent. of the urban population.

(

3) Subject to sub-section (1), the State Government may provide to the persons

belonging to eligible households, wheat flour in lieu of the entitled quantity of foodgrains in

accordance with such guidelines as may be specified by the Central Government.

Subject to such schemes as may be framed by the Central Government, every

pregnant woman and lactating mother shall be entitled to—

a) meal, free of charge, during pregnancy and six months after the child birth,

Nutritional

support to

pregnant

women and

lactating

(

through the local anganwadi, so as to meet the nutritional standards specified in

Schedule II; and

mothers.

(

b) maternity benefit of not less than rupees six thousand, in such instalments as

may be prescribed by the Central Government:

Provided that all pregnant women and lactating mothers in regular employment

with the Central Government or State Governments or Public Sector Undertakings or

those who are in receipt of similar benefits under any law for the time being in force

shall not be entitled to benefits specified in clause (b).

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

fourteen years shall have the following entitlements for his nutritional needs, namely:—

(1) Subject to the provisions contained in clause (b), every child up to the age of

Nutritional

support to

children.

(

a) in the case of children in the age group of six months to six years, age

appropriate meal, free of charge, through the local anganwadi so as to meet the

nutritional standards specified in Schedule II:

Provided that for children below the age of six months, exclusive breast feeding

shall be promoted;

(

b) in the case of children, up to class VIII or within the age group of six to

fourteen years, whichever is applicable, one mid-day meal, free of charge, everyday,

except on school holidays, in all schools run by local bodies, Government and

Government aided schools, so as to meet the nutritional standards specified in

Schedule II.

(

2) Every school, referred to in clause (b) of sub-section (1), and anganwadi shall

have facilities for cooking meals, drinking water and sanitation:

Provided that in urban areas facilities of centralised kitchens for cooking meals may be

used, wherever required, as per the guidelines issued by the Central Government.

Prevention

and

management

of child

6. The State Government shall, through the local anganwadi, identify and provide

meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritional

standards specified in Schedule II.

malnutrition.

The State Governments shall implement schemes covering entitlements under

Implementation

of schemes for sections 4, 5 and section 6 in accordance with the guidelines, including cost sharing, between

realisation of

entitlements.

the Central Government and the State Governments in such manner as may be prescribed by

the Central Government.

CHAPTERIII

FOOD SECURITY ALLOWANCE

Right to

receive food

security

allowance in

certain cases.

8. In case of non-supply of the entitled quantities of foodgrains or meals to entitled

persons under Chapter II, such persons shall be entitled to receive such food security

allowance from the concerned State Government to be paid to each person, within such time

and manner as may be prescribed by the Central Government.

CHAPTERIV

IDENTIFICATION OF ELIGIBLE HOUSEHOLDS

Coverage of

population

under Targeted

Public

Distribution

System.

9. The percentage coverage under the Targeted Public Distribution System in rural and

urban areas for each State shall, subject to sub-section (2) of section 3, be determined by the

Central Government and the total number of persons to be covered in such rural and urban

areas of the State shall be calculated on the basis of the population estimates as per the

census of which the relevant figures have been published.

10.

(1) The State Government shall, within the number of persons determined under

State

Government

to prepare

guidelines and

to identify

priority

section 9 for the rural and urban areas, identify—

(a) the households to be covered under the Antyodaya Anna Yojana to the

extent specified under sub-section (1) of section 3, in accordance with the guidelines

applicable to the said scheme;

households.

(

b) the remaining households as priority households to be covered under the

Targeted Public Distribution System, in accordance with such guidelines as the State

Government may specify:

Provided that the State Government may, as soon as possible, but within such

period not exceeding three hundred and sixty-five days, after the commencement of

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

the Act, identify the eligible households in accordance with the guidelines framed

under this sub-section:

Provided further that the State Government shall continue to receive the allocation

of foodgrains from the Central Government under the existing Targeted Public

Distribution System, till the identification of such households is complete.

(

2) The State Government shall update the list of eligible households, within the

number of persons determined under section 9 for the rural and urban areas, in accordance

with the guidelines framed under sub-section (1).

11.

The State Government shall place the list of the identified eligible households in

the public domain and display it prominently.

Publication

and display of

list of eligible

households.

CHAPTERV

REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM

12.

necessary reforms in the Targeted Public Distribution System in consonance with the role

envisaged for them in this Act.

(1) The Central and State Governments shall endeavour to progressively undertake

Reforms in

Targeted

Public

Distribution

System.

(

2) The reforms shall, inter alia, include—

(

a) doorstep delivery of foodgrains to the Targeted Public Distribution System

outlets;

(

b) application of information and communication technology tools including

end-to-end computerisation in order to ensure transparent recording of transactions

at all levels, and to prevent diversion;

(

c) leveraging ''aadhaar'' for unique identification, with biometric information of

entitled beneficiaries for proper targeting of benefits under this Act;

(

d) full transparency of records;

e) preference to public institutions or public bodies such as Panchayats, self-

help groups, co-operatives, in licensing of fair price shops and management of fair

price shops by women or their collectives;

(f) diversification of commodities distributed under the Public Distribution System

over a period of time;

(

g) support to local public distribution models and grains banks;

h) introducing schemes, such as, cash transfer, food coupons, or other schemes,

to the targeted beneficiaries in order to ensure their foodgrain entitlements specified in

Chapter II, in such area and manner as may be prescribed by the Central Government.

CHAPTERVI

WOMEN EMPOWERMENT

13.

(1) The eldest woman who is not less than eighteen years of age, in every eligible

household, shall be head of the household for the purpose of issue of ration cards.

Women of

eighteen years

of age or above

to be head of

(

2) Where a household at any time does not have a woman or a woman of eighteen

years of age or above, but has a female member below the age of eighteen years, then, the household for

purpose of

eldest male member of the household shall be the head of the household for the purpose of

issue of ration

issue of ration card and the female member, on attaining the age of eighteen years, shall

become the head of the household for such ration cards in place of such male member.

cards.

CHAPTERVII

GRIEVANCE REDRESSAL MECHANISM

14.

Every State Government shall put in place an internal grievance redressal mechanism

Internal

which may include call centres, help lines, designation of nodal officers, or such other

mechanism as may be prescribed.

grievance

redressal

mechanism.

THE GAZETTE OF INDIA EXTRAORDINARY [PARTII—

(1) The State Government shall appoint or designate, for each district, an officer to

15.

District

Grievance

Redressal

Officer.

be the District Grievance Redressal Officer for expeditious and effective redressal of

grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains

or meals under Chapter II, and to enforce the entitlements under this Act.

(

2) The qualifications for appointment as District Grievance Redressal Officer and its

powers shall be such as may be prescribed by the State Government.

(

3) The method and terms and conditions of appointment of the District Grievance

Redressal Officer shall be such as may be prescribed by the State Government.

(

4) The State Government shall provide for the salary and allowances of the District

Grievance Redressal Officer and other staff and such other expenditure as may be considered

necessary for their proper functioning.

(

5) The officer referred to in sub-section (1) shall hear complaints regarding non-

distribution of entitled foodgrains or meals, and matters relating thereto, and take necessary

action for their redressal in such manner and within such time as may be prescribed by the

State Government.

(

6) Any complainant or the officer or authority against whom any order has been

passed by officer referred to in sub-section (1), who is not satisfied with the redressal of

grievance may file an appeal against such order before the State Commission.

(

7) Every appeal under sub-section (6) shall be filed in such manner and within such

time as may be prescribed by the State Government.

16.

(1) Every State Government shall, by notification, constitute a State Food

State Food

Commission.

Commission for the purpose of monitoring and review of implementation of this Act.

(

2) The State Commission shall consist of—

(

a) a Chairperson;

b) five other Members; and

c) a Member-Secretary, who shall be an officer of the State Government not

below the rank of Joint Secretary to that Government:

Provided that there shall be at least two women, whether Chairperson, Member

or Member-Secretary:

Provided further that there shall be one person belonging to the Scheduled

Castes and one person belonging to the Scheduled Tribes, whether Chairperson,

Member or Member-Secretary.

(

3) The Chairperson and other Members shall be appointed from amongst persons—

(

a) who are or have been member of the All India Services or any other civil

services of the Union or State or holding a civil post under the Union or State having

knowledge and experience in matters relating to food security, policy making and

administration in the field of agriculture, civil supplies, nutrition, health or any allied

field; or

(b) of eminence in public life with wide knowledge and experience in agriculture,

law, human rights, social service, management, nutrition, health, food policy or public

administration; or

(

c) who have a proven record of work relating to the improvement of the food

and nutrition rights of the poor.

(

4) The Chairperson and every other Member shall hold office for a term not exceeding

five years from the date on which he enters upon his office and shall be eligible for

reappointment:

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that no person shall hold office as the Chairperson or other Member after he

has attained the age of sixty-five years.

(

5) The method of appointment and other terms and conditions subject to which the

Chairperson, other Members and Member-Secretary of the State Commission may be

appointed, and time, place and procedure of meetings of the State Commission (including the

quorum at such meetings) and its powers, shall be such as may be prescribed by the State

Government.

(

6) The State Commission shall undertake the following functions, namely:—

(

a) monitor and evaluate the implementation of this Act, in relation to the

State;

(

b) either suo motu or on receipt of complaint inquire into violations of

entitlements provided under Chapter II;

(

c) give advice to the State Government on effective implementation of thisAct;

(

d) give advice to the State Government, their agencies, autonomous bodies as

well as non-governmental organisations involved in delivery of relevant services, for

the effective implementation of food and nutrition related schemes, to enable individuals

to fully access their entitlements specified in this Act;

(

e) hear appeals against orders of the District Grievance Redressal Officer;

(

f) prepare annual reports which shall be laid before the State Legislature by the

State Government.

7) The State Government shall make available to the State Commission, such

(

administrative and technical staff, as it may consider necessary for proper functioning of the

State Commission.

(

8) The method of appointment of the staff under sub-section (7), their salaries,

allowances and conditions of service shall be such, as may be prescribed by the State

Government.

(

9) The State Government may remove from office the Chairperson or any Member

who—

(

a) is, or at any time has been, adjudged as an insolvent; or

b) has become physically or mentally incapable of acting as a member; or

c) has been convicted of an offence which, in the opinion of the State

Government, involves moral turpitude; or

d) has acquired such financial or other interest as is likely to affect prejudicially

his functions as a member; or

e) has so abused his position as to render his continuation in office detrimental

to the public interest.

10) No such Chairperson or Member shall be removed under clause (d) or clause (e)

(

of sub-section (9) unless he has been given a reasonable opportunity of being heard in the

matter.

17.

The State Government shall provide for salary and allowances of Chairperson,

Salary and

other Members, Member-Secretary, support staff, and other administrative expenses required allowances of

Chairperson,

Member,

for proper functioning of the State Commission.

Member-

Secretary and

other staff of

State

Commission.

THE GAZETTE OF INDIA EXTRAORDINARY [PARTII—

The State Government may, if considers it necessary, by notification, designate

18.

Designation of

any

Commission or

body to

any statutory commission or a body to exercise the powers and perform the functions of the

State Commission referred to in section 16.

function as

State

Commission.

19.

States may have a Joint State Food Commission for the purposes of this Act with the

approval of the Central Government.

Notwithstanding anything contained in sub-section (1) of section 16, two or more

Joint State

Food

Commission.

20.

(1) The State Commission shall, while inquiring into any matter referred to in

Powers

relating to

inquiries.

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 matters, namely:—

of 1908.

(

a) summoning and enforcing the attendance of any person and examining him

on oath;

(

b) discovery and production of any document;

c) receiving evidence on affidavits;

d) requisitioning any public record or copy thereof from any court or office; and

e) issuing commissions for the examination of witnesses or documents.

(

2) The State Commission shall have the power to forward any case to a Magistrate

having jurisdiction to try the same and the Magistrate to whom any such case is forwarded

shall proceed to hear the complaint against the accused as if the case has been forwarded to

him under section 346 of the Code of Criminal Procedure, 1973.

2 of 1974.

21.

No act or proceeding of the State Commission shall be invalid merely by reason

Vacancies,

etc., not to

invalidate

proceedings

of State

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

Commission.

the State Commission; or

(

c) any irregularity in the procedure of the State Commission not affecting the

merits of the case.

CHAPTERVIII

OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY

Central

22. (1) The Central Government shall, for ensuring the regular supply of foodgrains to

Government

to allocate

required

quantity of

foodgrains

from central

pool to State

Governments.

persons belonging to eligible households, allocate from the central pool the required quantity

of foodgrains to the State Governments under the Targeted Public Distribution System, as

per the entitlements under section 3 and at prices specified in Schedule I.

(

2) The Central Government shall allocate foodgrains in accordance with the number

of persons belonging to the eligible households identified in each State under section 10.

(

3) The Central Government shall provide foodgrains in respect of entitlements under

sections 4, 5 and section 6, to the State Governments, at prices specified for the persons

belonging to eligible households in Schedule I.

(

4) Without prejudice to sub-section (1), the Central Government shall,—

a) procure foodgrains for the central pool through its own agencies and the

State Governments and their agencies;

b) allocate foodgrains to the States;

(

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(

c) provide for transportation of foodgrains, as per allocation, to the depots

designated by the Central Government in each State;

(

d) provide assistance to the State Government in meeting the expenditure

incurred by it towards intra-State movement, handling of foodgrains and margins paid

to fair price shop dealers, in accordance with such norms and manner as may be

prescribed by the Central Government; and

(e) create and maintain required modern and scientific storage facilities at various

levels.

23.

In case of short supply of foodgrains from the central pool to a State, the Central

Provisions

Government shall provide funds to the extent of short supply to the State Government for for funds by

Central

meeting obligations under Chapter II in such manner as may be prescribed by the Central

Government

Government.

to State

Government

in certain

CHAPTERIX

cases.

OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY

24.

(1) The State Government shall be responsible for implementation and

Implementation

and

monitoring of

schemes for

ensuring food

security.

monitoring of the schemes of various Ministries and Departments of the Central

Government in accordance with guidelines issued by the Central Government for each

scheme, and their own schemes, for ensuring food security to the targeted beneficiaries

in their State.

(

2) Under the Targeted Public Distribution System, it shall be the duty of the State

Government to—

(

a) take delivery of foodgrains from the designated depots of the Central

Government in the State, at the prices specified in Schedule I, organise intra-State

allocations for delivery of the allocated foodgrains through their authorised agencies

at the door-step of each fair price shop; and

(

b) ensure actual delivery or supply of the foodgrains to the entitled persons at

the prices specified in Schedule I.

(

3) For foodgrain requirements in respect of entitlements under sections 4, 5 and

section 6, it shall be the responsibility of the State Government to take delivery of foodgrains

from the designated depots of the Central Government in the State, at the prices specified in

Schedule I for persons belonging to eligible households and ensure actual delivery of entitled

benefits, as specified in the aforesaid sections.

(

4) In case of non-supply of the entitled quantities of foodgrains or meals to entitled

persons under Chapter II, the State Government shall be responsible for payment of food

security allowance specified in section 8.

(

5) For efficient operations of the Targeted Public Distribution System, every State

Government shall,—

(

a) create and maintain scientific storage facilities at the State, District and Block

levels, being sufficient to accommodate foodgrains required under the Targeted Public

Distribution System and other food based welfare schemes;

(

b) suitably strengthen capacities of their Food and Civil Supplies Corporations

and other designated agencies;

(

c) establish institutionalised licensing arrangements for fair price shops in

accordance with the relevant provisions of the Public Distribution System (Control)

Order, 2001 made under the Essential CommoditiesAct, 1955, as amended from time

to time.

of 1955.

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

CHAPTERX

OBLIGATIONS OF LOCAL AUTHORITIES

25.

Act in their respective areas.

(1) The local authorities shall be responsible for the proper implementation of this

Implementation

of Targeted

Public

Distribution

System by

local authority

in their areas.

(2) Without prejudice to sub-section (1), the State Government may assign, by

notification, additional responsibilities for implementation of the Targeted Public Distribution

System to the local authority.

26.

In implementing different schemes of the Ministries and Departments of the

Obligations of

local

authority.

Central Government and the State Governments, prepared to implement provisions of this

Act, the local authorities shall be responsible for discharging such duties and responsibilities

as may be assigned to them, by notification, by the respective State Governments.

CHAPTERXI

TRANSPARENCY AND ACCOUNTABILITY

27.

public domain and kept open for inspection to the public, in such manner as may be prescribed

by the State Government.

All Targeted Public Distribution System related records shall be placed in the

Disclosure of

records of

Targeted

Public

Distribution

System.

28.

(1) Every local authority, or any other authority or body, as may be authorised by

Conduct of

social audit.

the State Government, shall conduct or cause to be conducted, periodic social audits on the

functioning of fair price shops,Targeted Public Distribution System and other welfare schemes,

and cause to publicise its findings and take necessary action, in such manner as may be

prescribed by the State Government.

(

2) The Central Government may, if it considers necessary, conduct or cause to be

conducted social audit through independent agencies having experience in conduct of such

audits.

Setting up of

Vigilance

Committees.

29. (1) For ensuring transparency and proper functioning of the Targeted Public

Distribution System and accountability of the functionaries in such system, every State

Government shall set up Vigilance Committees as specified in the Public Distribution System

(Control) Order, 2001, made under the Essential Commodities Act, 1955, as amended from

time to time, at the State, District, Block and fair price shop levels consisting of such persons,

as may be prescribed by the State Government giving due representation to the local

authorities, the Scheduled Castes, the Scheduled Tribes, women and destitute persons or

persons with disability.

of 1955.

(

2) The Vigilance Committees shall perform the following functions, namely:—

a) regularly supervise the implementation of all schemes under this Act;

b) inform the District Grievance Redressal Officer, in writing, of any violation of

(

the provisions of this Act; and

or misappropriation of funds found by it.

CHAPTERXII

PROVISIONS FOR ADVANCING FOOD SECURITY

30.

The Central Government and the State Governments shall, while implementing the

Food security

for people

living in

remote, hilly

and tribal

areas.

provisions of this Act and the schemes for meeting specified entitlements, give special focus

to the needs of the vulnerable groups especially in remote areas and other areas which are

difficult to access, hilly and tribal areas for ensuring their food security.

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

31.

The Central Government, the State Governments and local authorities shall, for the Steps to

further

purpose of advancing food and nutritional security, strive to progressively realise the

objectives specified in Schedule III.

advance food

and

nutritional

security.

CHAPTERXIII

MISCELLANEOUS

32.

State Government from continuing or formulating other food based welfare schemes.

(1) The provisions of this Act shall not preclude the Central Government or the

Other welfare

schemes.

(2) Notwithstanding anything contained in thisAct, the State Government may, continue

with or formulate food or nutrition based plans or schemes providing for benefits higher than

the benefits provided under this Act, from its own resources.

33.

Any public servant or authority found guilty, by the State Commission at the time

Penalties.

of deciding any complaint or appeal, of failing to provide the relief recommended by the

District Grievance Redressal Officer, without reasonable cause, or wilfully ignoring such

recommendation, shall be liable to penalty not exceeding five thousand rupees:

Provided that the public servant or the public authority, as the case may be, shall be

given a reasonable opportunity of being heard before any penalty is imposed.

34.

(1) For the purpose of adjudging penalty under section 33, the State Commission

Power to

shall authorise any of its member to be an adjudicating officer for holding an inquiry in the

prescribed manner after giving any person concerned a reasonable opportunity of being

heard for the purpose of imposing any penalty.

adjudicate.

(

2) While holding an inquiry the adjudicating officer shall have power to summon and

enforce the attendance of any person acquainted with the facts and circumstances of the

case to give evidence or to produce any document which in the opinion of the adjudicating

officer, may be useful for or relevant to the subject matter of the inquiry and if, on such

inquiry, he is satisfied that the person has failed to provide the relief recommended by the

District Grievance Redressal Officer, without reasonable cause, or wilfully ignored such

recommendation, he may impose such penalty as he thinks fit in accordance with the

provisions of section 33.

35.

(1)The Central Government may, by notification, direct that the powers exercisable

Power to

by it (except the power to make rules), in such circumstances and subject to such conditions delegate by

Central

and limitations, be exercisable also by the State Government or an officer subordinate to the

Government

Central Government or the State Government as it may specify in the notification.

and State

Government.

(

2) The State Government may, by notification, direct that the powers exercisable by it

(except the power to make rules), in such circumstances and subject to such conditions and

limitations, be exercisable also by an officer subordinate to it as it may specify in the

notification.

36.

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.

The provisions of this Act or the schemes made thereunder shall have effect

Act to have

overriding

effect.

37.

(1) If the Central Government is satisfied that it is necessary or expedient so to do, Power to

amend

Schedules.

it may, by notification, amend Schedule I or Schedule II or Schedule III or Schedule IV and

thereupon Schedule I or Schedule II or Schedule III or Schedule IV, as the case may be, shall

be deemed to have been amended accordingly.

(

2) Acopy of every notification issued under sub-section (1), shall be laid before each

House of Parliament as soon as may be after it is issued.

The Central Government may, from time to time, give such directions, as it may

consider necessary, to the State Governments for the effective implementation of the provisions

of this Act and the State Governments shall comply with such directions.

38.

Power of

Central

Government

to give

directions.

THE GAZETTE OF INDIA EXTRAORDINARY [PARTII—

(1) The Central Government may, in consultation with the State Governments and

39.

Power of

Central

Government

to make rules.

by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

(a) scheme including cost sharing for providing maternity benefit to pregnant

women and lactating mothers under clause (b) of section 4;

(

b) schemes covering entitlements under sections 4, 5 and section 6 including

cost sharing under section 7;

(

c) amount, time and manner of payment of food security allowance to entitled

individuals under section 8;

(

d) introducing schemes of cash transfer, food coupons or other schemes to the

targeted beneficiaries in order to ensure their foodgrains entitlements in such areas

and manner under clause (h) of sub-section (2) of section 12;

(e) the norms and manner of providing assistance to the State Governments in

meeting expenditure under clause (d) of sub-section (4) of section 22;

(

f) manner in which funds shall be provided by the Central Government to the

State Governments in case of short supply of foodgrains, under section 23;

(

g) any other matter which is to be, or may be, prescribed or in respect of which

provision is to be made by the Central Government by rules.

(

3) Every rule made by the Central Government under thisAct shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, the rule shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

40.

(1) The State Government may, by notification, and subject to the condition of

Power of

State

Government

to make rules.

previous publication, and consistent with this Act and the rules made by the Central

Government, make rules to carry out the provisions of this Act.

(

2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

(a) guidelines for identification of priority households under sub-section (1) of

section 10;

(

b) internal grievance redressal mechanism under section 14;

c) qualifications for appointment as District Grievance Redressal Officer and its

powers under sub-section (2) of section 15;

d) method and terms and conditions of appointment of the District Grievance

Redressal Officer under sub-section (3) of section 15;

e) manner and time limit for hearing complaints by the District Grievance

Redressal Officer and the filing of appeals under sub-sections (5) and (7) of section 15;

f) method of appointment and the terms and conditions of appointment of

(

Chairperson, other Members and Member-Secretary of the State Commission, procedure

for meetings of the Commission and its powers, under sub-section (5) of section 16;

(

g) method of appointment of staff of the State Commission, their salaries,

allowances and conditions of service under sub-section (8) of section 16;

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY 13

h) manner in which the Targeted Public Distribution System related records

(

shall be placed in the public domain and kept open for inspection to public under

section 27;

(

i) manner in which the social audit on the functioning of fair price shops,

Targeted Public Distribution System and other welfare schemes shall be conducted

under section 28;

(

j) composition of Vigilance Committees under sub-section (1) of section 29;

k) schemes or programmes of the Central Government or the State Governments

for utilisation of institutional mechanism under section 43;

l) any other matter which is to be, or may be, prescribed or in respect of which

provision is to be made by the State Government by rules.

3) Every rule, notification and guidelines made or issued by the State Government

(

under this Act shall, as soon as may be after it is made or issued, be laid before each House

of the State Legislature where there are two Houses, and where there is one House of the

State Legislature, before that House.

41.

The schemes, guidelines, orders and food standard, grievance redressal mechanism,

Transitory

vigilance committees, existing on the date of commencement of thisAct, shall continue to be provisions for

schemes,

in force and operate till such schemes, guidelines, orders and food standard, grievance

guidelines,

redressal mechanism, vigilance committees are specified or notified under this Act or the

rules made thereunder:

etc.

Provided that anything done or any action taken under the said schemes, guidelines,

orders and food standard, grievance redressal mechanism, or by vigilance committees shall

be deemed to have been done or taken under the corresponding provisions of this Act and

shall continue to be in force accordingly unless and until superseded by anything done or

by any action taken under this Act.

42.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Power to

remove

difficulties.

Government may, by order, published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for

removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years

from the date of commencement of this Act.

(

2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

43.

may be utilised in the implementation of other schemes or programmes of the Central

Government or the State Governments, as may be prescribed by the State Government.

The services of authorities to be appointed or constituted under sections 15 and 16 Utilisation of

institutional

mechanism

for other

purposes.

44.

The Central Government, or as the case may be, the State Government, shall be

Force

liable for a claim by any person entitled under this Act, except in the case of war, flood,

drought, fire, cyclone or earthquake affecting the regular supply of foodgrains or meals to

such person under this Act:

Majeure.

Provided that the Central Government may, in consultation with the Planning

Commission, declare whether or not any such situation affecting the regular supply of

foodgrains or meals to such person has arisen or exists.

Ord. 7 of 2013.

45. (1) The National Food Security Ordinance, 2013 is hereby repealed.

Repeal

savings.

and

(

2) Notwithstanding such repeal,—

a) anything done, any action taken or any identification of eligible households

made; or

(

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

(

b) any right, entitlement, privilege, obligation or liability acquired, accrued or

incurred; or

(

c) any guidelines framed or directions issued; or

d) any investigation, inquiry or any other legal proceeding initiated, conducted

or continued in respect of such right, entitlement, privilege, obligation or liability as

aforesaid; or

(

e) any penalty imposed in respect of any offence,

under the said Ordinance shall be deemed to have been done, taken, made, acquired, accrued,

incurred, framed, issued, initiated, conducted, continued or imposed under the corresponding

provisions of this Act.

SEC . 1]

THE GAZETTE OF INDIA EXTRAORDINARY

SCHEDULE I

[See sections 3(1), 22(1), (3) and 24 (2), (3)]

SUBSIDISED PRICES UNDER TARGETED PUBLIC DISTRIBUTION SYSTEM

Eligible households shall be entitled to foodgrains under section 3 at the subsidised

price not exceeding rupees 3 per kg for rice, rupees 2 per kg for wheat and rupee 1 per kg for

coarse grains for a period of three years from the date of commencement of this Act; and

thereafter, at such price, as may be fixed by the Central Government, from time to time, not

exceeding,—

(

i) the minimum support price for wheat and coarse grains; and

ii) the derived minimum support price for rice,

as the case may be.

THE GAZETTE OF INDIA EXTRAORDINARY

SCHEDULE II

[PARTII—

[

See sections 4(a), 5(1) and 6]

NUTRITIONAL STANDARDS

Nutritional standards: The nutritional standards for children in the age group of

months to 3 years, age group of 3 to 6 years and pregnant women and lactating mothers

required to be met by providing "Take Home Rations" or nutritious hot cooked meal in

accordance with the Integrated Child Development Services Scheme and nutritional standards

for children in lower and upper primary classes under the Mid Day Meal Scheme are as

follows:

Serial

number

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National Food Security Act 2013 (Reproduced)

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