National Food Security Act, 2013
Bare Act
Section 1
Short title, extent and commencement.
1. This
Act may be called the National Food Security Act, 2013.
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.
Section 2
Definitions In this Act, unless the context otherwise requires,— 1
In this Act, unless the context otherwise requires,—
1. "anganwadi"
means a child care and development centre set up under the 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;
2.
"central pool" means the stock of food-grains 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);
1.
2.
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, 1955, to the ration card holders under the Targeted Public Distribution
System;
5. "food-grains"
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 food-grains 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 food-grains 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 food-grains 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;
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;
18. "Schedule"
means a Schedule appended to this Act;
19. "senior
citizen" means a person defined as such under 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 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 the Administrator
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 Commodities
Act, 1955, or any other relevant Act shall have the meaning respectively
assigned to them in those Acts.
Section 3
Right to receive food-grains at subsidised prices by persons
belonging to eligible households under Targeted Public Distribution System.
1. Every
person belonging to priority households, identified under sub-section (1) of
section 10, shall be entitled to receive five kilograms of food-grains per
person per month at subsidised prices specified in Schedule I from 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 food-grains per household per month at the
prices specified in Schedule I:
Provided further that if annual allocation of food-grains to any
State under the Act is less than the average annual off take of food-grains 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 food-grains 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.
1.
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
food-grains in accordance with such guidelines as may be specified by the
Central Government.
Section 4
Nutritional support to pregnant women and lactating mothers
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, through
the local anganwadi, so as to meet the nutritional standards specified in
Schedule II; and
b. maternity
benefit of not less than rupees six thousand, in such installments 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).
Section 5
Nutritional support to children.
1. Subject
to the provisions contained in clause (b), every child up to the age of
fourteen years shall have the following entitlements for his nutritional needs,
namely:—
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.
Section 6
Prevention and management of child malnutrition.
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.
Section 7
Implementation of schemes for realisation of entitlements.
The State Governments shall implement schemes covering
entitlements under sections 4, 5 and section 6 in accordance with the
guidelines, including cost sharing, between the Central Government and the
State Governments in such manner as may be prescribed by the Central
Government.
Section 8
Right to receive food security allowance in certain cases.
In case of non-supply of the entitled quantities of food-grains
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.
Section 9
Coverage of population under Targeted Public Distribution
System.
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.
Section 10
State Government to prepare guidelines and
to identify priority households.
1. The
State Government shall, within the number of persons determined under 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;
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 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 food-grains 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).
Section 11
Publication and display of list of eligible
households.
The State Government shall place the list of the identified
eligible households in the public domain and display it prominently.
Section 12
Reforms in Targeted Public Distribution
System.
1. The
Central and State Governments shall endeavour to progressively undertake
necessary reforms in the Targeted Public Distribution System in consonance with
the role envisaged for them in this Act.
2. The
reforms shall, inter alia, include—
a.
doorstep delivery of food-grains 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, selfhelp 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.
Section 13
Women of eighteen years of age or above to
be head of household for purpose of issue of ration cards.
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.
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 eldest male member of the household shall be the head of the household for the purpose of 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.
Section 14
Internal grievance redressal mechanism.
Every State Government shall put in place an internal grievance
redressal mechanism which may include call centres, help lines, designation of
nodal officers, or such other mechanism as may be prescribed.
Section 15
District Grievance Redressal Officer.
1. The
State Government shall appoint or designate, for each district, an officer to
be the District Grievance Redressal Officer for expeditious and effective
redressal of grievances of the aggrieved persons in matters relating to
distribution of entitled food-grains 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 food-grains 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.
Section 16
State Food Commission.
1. Every
State Government shall, by notification, constitute a State Food Commission for
the purpose of monitoring and review of implementation of this Act.
2. The
State Commission shall consist ofŚ
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.
1.
2.
3. The
Chairperson and other Members shall be appointed from amongst personsŚ
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:
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:Ś
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 this Act;
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.
1.
2.
3.
4.
5.
6.
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 whoŚ
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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
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.
Section 17
Salary and allowances of Chairperson,
Member, Member- Secretary and other staff of State Commission.
The State Government shall provide for salary and allowances of
Chairperson, other Members, Member-Secretary, support staff, and other administrative
expenses required for proper functioning of the State Commission.
Section 18
Designation of any Commission or body to
function as State Commission.
The State Government may, if considers it necessary, by
notification, designate any statutory commission or a body to exercise the
powers and perform the functions of the State Commission referred to in section
16.
Section 19
Joint State Food Commission.
Notwithstanding anything contained in sub-section (1) of section
16, two or more States may have a Joint State Food Commission for the purposes
of this Act with the approval of the Central Government.
Section 20
Powers relating to inquiries.
1. The
State Commission shall, while inquiring into any matter 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 matters, namely:—
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.
Section 21
Vacancies, etc., not to invalidate
proceedings of State Commission.
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 procedure of the State Commission not affecting the merits
of the case.
Section 22
Central Government to allocate required
quantity of food-grains from central pool to State Governments.
1. The
Central Government shall, for ensuring the regular supply of food-grains to persons
belonging to eligible households, allocate from the central pool the required
quantity of food-grains 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 food-grains 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 food-grains 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 food-grains for the central pool through its own
agencies and the State Governments and their agencies;
b.
allocate food-grains to the States;
c.
provide for transportation of food-grains, 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
food-grains 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.
Section 23
Provisions for funds by Central Government
to State Government in certain cases.
In case of short supply of food-grains from the central pool to
a State, the Central Government shall provide funds to the extent of short
supply to the State Government for meeting obligations under Chapter II in such
manner as may be prescribed by the Central Government.
Section 24
Implementation and monitoring of schemes
for ensuring food security.
1. The
State Government shall be responsible for implementation and 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 food-grains 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 food-grains
through their authorised agencies at the door-step of each fair price shop; and
b.
ensure actual delivery or supply of the food-grains to the
entitled persons at the prices specified in Schedule I.
1.
2.
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 food-grains 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 food-grains 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 food-grains 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 Commodities
Act, 1955, as amended from time to time.
Section 25
Implementation of Targeted Public
Distribution System by local authority in their areas.
1. The
local authorities shall be responsible for the proper implementation of this
Act in their respective 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.
Section 26
Obligations of local authority.
In implementing different schemes of the Ministries and
Departments of the 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.
Section 27
Disclosure of records of Targeted Public
Distribution System.
All Targeted Public Distribution System related records shall be
placed in the public domain and kept open for inspection to the public, in such
manner as may be prescribed by the State Government.
Section 28
Conduct of social audit.
1. Every
local authority, or any other authority or body, as may be authorised by 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.
Section 29
Setting up of Vigilance Committees.
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.
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
c.
inform the District Grievance Redressal Officer, in writing, of
any malpractice or misappropriation of funds found by it.
Section 30
Food security for people living in remote,
hilly and tribal areas.
The Central Government and the State Governments shall, while
implementing the 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.
Section 31
Steps to further advance food and
nutritional security.
The Central Government, the State Governments and local
authorities shall, for the purpose of advancing food and nutritional security,
strive to progressively realise the objectives specified in Schedule III.
Section 32
Other welfare schemes.
1. The
provisions of this Act shall not preclude the Central Government or the State
Government from continuing or formulating other food based welfare schemes.
2. Notwithstanding
anything contained in this Act, 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.
Section 33
Penalties
Any public servant or authority found guilty, by the State
Commission at 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 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.
Section 34
Power to adjudicate.
1. For the
purpose of adjudging penalty under section 33, the State Commission 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.
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.
Section 35
Power to delegate by Central Government and
State Government.
1. The
Central 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 the State Government or an
officer subordinate to the Central Government or the State Government as it may
specify in the notification.
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.
Section 36
Act to have overriding effect
The provisions of this Act or the schemes made there under shall
have effect 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.
Section 37
Power to amend Schedules.
1. If the
Central Government is satisfied that it is necessary or expedient so to do, 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. A copy
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.
Section 38
Power of Central Government to give
directions.
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.
Section 39
Power of Central Government to make rules.
1. The
Central Government may, in consultation with the State Governments and 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 food-grains
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 food-grains,
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.
1.
2.
3. Every
rule made by the Central Government under this Act 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.
Section 40
Power of State Government to make rules.
1. The
State Government may, by notification, and subject to the condition of 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;
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.
1.
2.
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.
Section 41
Transitory provisions for schemes,
guidelines, etc.
The schemes, guidelines, orders and food standard, grievance
redressal mechanism, vigilance committees, existing on the date of commencement
of this Act, 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 Act or the rules made there under:
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.
Section 42
Power to remove difficulties.
1. If any
difficulty arises in giving effect to the provisions of this Act, the Central
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.
Section 43
Utilisation of institutional mechanism for
other purposes.
The services of authorities to be appointed or constituted under
sections 15 and 16 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.
Section 44
Force Majeure .
The Central Government, or as the case may be, the State
Government, shall be 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 food-grains or meals to such person under this
Act:
Provided that the Central Government may, in consultation with
the Planning Commission, declare whether or not any such situation affecting
the regular supply of food-grains or meals to such person has arisen or exists.
Section 45
Repeal and savings.
1. The
National Food Security Ordinance, 2013 is hereby repealed.
2. Notwithstanding
such repeal,—
a.
anything done, any action taken or any identification of
eligible households made; or
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.
