Salient features of National Food Security Bill, 2011
*Dear friends **
**Please find below the salient features of National Food Security
Bill-2011. The exact Bill is attached for your reference.
Regards
Pradip Pradhan
*
*
*
*Salient features of National Food Security Bill, 2011*
National Food Security Bill,2011 has been tabled in Parliament by Shri L
K. V. Thomas, Minister for Consumer Affairs, Food and Public Distribution
on 19.12.2011. The mandate of the Bill is 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. The Salient
features of the Bill is as follows.
1. The Bill has 15 chapters with 52 sections.
*2. **Important Definitions *
a. "Destitute Person" means men, women or children who have no
resources, means and support required for food and nutrition enabling their
survival, to the extent that makes them vulnerable to live with or die of
starvation.
b. "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.
c. "Social Audit" means the process in which people collectively
monitor and evaluate the planning and implementation of a programme or
scheme.
d. "Starvation" means prolonged involuntary deprivation of food that
threatens survival of the person.
*3. **Right to receive foodgrains at subsidized prices by persons
belonging to priority households and general households under TPDS *
Every person belonging to priority households and general households which
will be identified by the Govt. shall be entitled to receive every
month under targeted Public Distribution System , seven kilograms of
foodgrains per person per month for priority households and not less than
three kilograms of foodgrains per person per month for general households
at subisdised prices. The entitlements at subsidised prices shall extend
up to seventy-five percent of the rural population and up to fifty percent
of the urban population. But not less than forty-six percent of the rural
and twenty-eight percent of the urban population shall be designated as
priority households. *( section-3)*
*4. **Nutritional Support to pregnant women and lactating mothers *
Every pregnant woman and lactating mothers shall be entitled to meal,
free of charge, during pregnancy and six months after the child birth ,
through local anganwadi, so as to meet the nutritional standards specified
in Schedule 11. They shall aslo be entitled maternity benefit of rupees
one thousand per month for a period of six months in accordance with a
scheme, including cost sharing, payable in such instalments as may be
prescribed by the Central Government. *( section-4)*
*5. **Nutritional support to Children *
Every child up to the age of fourteen years shall be entitled to get the
following entitlements for his nutritional needs.
a. In 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.
b. In the case of children in the age group of six to fourteen years,
one mid-day meal , free of charge , every day except on school holidays in
all schools run by local bodies , Govt and Govt aided schools, up to
class VIII, so as to meet their nutritional standard.
c. Every school and Anganwadi shall have facilities for cooking
meals, drinking water and sanitation. But in urban areas, facilities of
centralised kitchens for cooking meals may be used as per guideline issued
by Central Govt. *(section-5)*
*6. **Prevention and Management of Child Malnutrition *
The State Govt. shall, through the local Anganwadi, identify and provide
meals, free of charge, to the children who suffer from malnutrition, so as
to meet the nutritional standards specified in Schedule II*. ( section-6)*
*7. **Entitlements of Special Groups *
The special groups consistsing of all destitiute persons or homeless
persons shall have the following entitlements.
a. All destitute persons shall be entitled to at least one meal
every day, free of charge , in accordance with such scheme, including cost
sharing , as may be prescribed by the Central Govt.
b. All homeless opersons shall be entitled to affordable meals at
community kitchens in accordance with such scheme, including cost sharing ,
as may be prescribed by the Central Govt.
c. The persons in receipt of similar benefits under any otrher
schemes of Central Govt. or State Govt. shall not be entitled to get
abovementioned benefits.
d. The migrants and their families shall be able to claim their
entitlements under this Act, at the place where they currently reside. *(
section-8) *
*8. **Emergency and disaster affected persons*
The State Govt. shall , it it is of the opinion that an emergency or
disaster situation exists , provide to affected households , two meals ,
free of charge for a period up to 3 months for the date of disaster in
accordance with such schemes including cost sharing as may be prescribed
by the Central Government. *(section-9) *
* *
*9. **Persons living in starvation *
a. The State Govt. shall identify persons, households, groups or
communities living in starvation or conditions akin to starvation.
b. All persons , households, groups or communities identified living
in starvation shall be provided meals two times a day, free of charge,
in accordance with a scheme, including cost sharing as may be prescribed by
Central Govt. for six months from the date of identification.
c. Every State Govt. shall prepare and notify guidelines for
prevention, identification and relief to cases of starvation. *(
section-10,11,12)*
*10. **Right to receive food security allowances in certain cases. *
In case of non-supply of the entitled quantities of food grains or meals
to entitled persons as mentioned above, such persons shall be entitled to
receive such food security allowance from the concerned State Govt. to be
paid to each persons within such time and manner as may be prescribed by
the Central Govt. *(section-13)*
*11. **Identification of Priority Households and General Households*
a. At the all India level, the percentage coverage of overall rural
and urban population under the priority and general households, for the
purposes of providing subsidized foodgrains under TPDS shall be determined
by Central Govt.
*b. * The State-wise distribution shall, from time to time, be
determined by the Central Govt*. ( section-14) *
*12. **Guideline for identification of Priority households and general
households*
a. The Central Government may, from time to time, prescribe the
guidelines for identification of priority households , general households
and exclusion criteria , for the purposes of their entitlement under this
Act. *( section- 15)*
b. The list of the identified priority households and general
households shall be placed by the State Govt. in a public domain and
displayed prominently. *( section-16)*
* *
*13. **Reforms in Targeted PDS *
The Central Govt. and State Govt. shall endeavour to progressively
undertake necessary reforms in TPDS as follows.
a. Doorstep delivery of foodgrains to the TPDS outlets
b. Application of information and communication technology tools
including end-to-end computerization in order to ensure transparent
recording of transactions at all levels.
c. Leveraging "aadhar" 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, cooperatives, in licensing of fair price
shops and management of fair price shops by women or their collectives.
f. Support to local public distribution models and grain banks.
g. Introducing schemes such as cash transfers, food coupons or other
schemes to the targeted beneficiaries in lieu of their food entitlements. *
(section-18)*
*14. **Women of eighteen years of age or above to be head of household
for purpose of issue of ration card. *
a. The eldest woman who is not less than eighteen years of age shall
be head of the household for the purpose of issue of ration card.
*b. *Where a household does not have woman or a woman of eighteen
years of age or above, but has a female member below the age of eighteen
years , the eldest male member of the household shall be head of the
household for the purpose of issue of ration card and the female member on
attaining age of eighteen years shall become the head of the household for
such card in place of such male member*. ( section-19) *
*15. **Grievance Redressal Mechanism *
a. The Central Govt. and the State Govt. shall put in place an
internal grievance redressal mechanism like call centres, help lines,
designation of nodal officers, or other mechanism may be prescribed.
b. For effective redressal of grievances of the aggrieved persons in
matters relating to distribution of entitled food-grains or meals under
PDS, MDM, ICDS, for special groups, disaster-affected persons etc., a
district grievance redressal officer shall be appointed by State Govt. for
each district to enforce these entitlements and investigate and redress
grievances. *( section-21)*
*16. **State Food Commission *
a. Every State Govt. shall constitute a State Food Commission for
the purpose of monitoring and review of implementation of the Act.
b. State Commission shall constitute of Chairman, other five members
and Member-secretary. There shall be at least two women, one person from
Scheduled Caste and one person from Scheduled Tribe.
c. The Chairperson, other Members and Member-Secretary shall be
appointed from amongst persons (1) who are or have members of All
India services or any other Civil Services of the Union or state or
holding a civil post having knowledge and experience in matters
relating to food security, policy making and administration in the field
of agriculture, civil supplies , nutrition and health etc. , (2) 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, (3) who have a proven
record of work relating to the improvement of the food and nutrition rights
of the poor.
d. The Chairperson or other persons shall hold officer for a term
not exceeding five years. The age limit is sixty-five years*.
(section-22)*
*17. * *Functions of State Food Commission *
(1) The State Commission shall undertake the following functions.
a. Monitor and evaluate the implementation of the Act
b. Either suo moto or on receipt of complaint inquire into violations
of entitlements provided in different sections of the Act.
c. Issue guidelines to the State Govt. in consonance with the
guidelines of the National Commission.
d. Give advice to the State Govt., their agencies, autonomous bodies
as well as non-government organizations involved in delivery of relevant
services for the effective implementation of food and nutrition related
schemes
e. Hear appeals against orders of the District Grievance Redressal
Officer
f. Hear complaints transferred to it by the District Grievance
Redressal Officer
g. Prepare Annual Report
(2) The State Govt. has the power to remove the Chairperson and Members
of the Commission from the office on the ground of inefficiency,
insolvency etc.
(3) The appointment procedure will be decided as may be prescribed by
the Central Govt* ( section-22)*
18. *Constitution of National Food Commission*
(1) The Central Govt. shall constitute National Food Commission to
perform the functions such as follows
* *
a. Monitor and evaluate the implementation of the Act
b. Either suo moto or on receipt of complaint inquire into violations
of entitlements provided in different sections of the Act.
c. Give advice to the Central Govt., in synergizing the schemes and
framing new schemes for the entitlements provided under the Act.
d. Recommend to the Central Govt. and the State Govt. , steps for
effective implementation of food and nutrition related schemes and to
enable persons to fylly access their entitlements under the Act.
e. Issue requisite guidelines for training, capacity building and
performance management of all persons charged with the duty of
the implementation
of the schemes.
f. Consider the reports and recommendations of the State
Commission for inclusion in its annual report.
g. Hear appeals against the orders of the State Commission.
h. Prepare Annual Report on implementation of the Act.
(2) The National Commission shall consist of one Chairperson, five
members, and one Member-secretary.
(3) There shall be at least two women, one person from SC and one
person from ST in the Commission.
(4) The tenure of the Commission is five years and age limit is 65
years.
(5) The appointment procedure will be decided as may be prescribed by
the Central Govt.
(6) The Central Govt. has power to remove the Commissioners from the
office on the ground of inefficiency, insolvency, convicted of an offence
etc. *(section-26)*
*19. **Powers relating to enquiries *
The National Commission as well as State Commission, while enquiring into
any matter have all the powers of Civil Court while trying a suit under
Civil Procedure Code, 1908. * (section-27)*
*20. * *Provision for fund by Central Govt. to State Govt. in certain
cases *
In case of short supply of food grains from the central pool to a
state, the Central Govt. shall provide funds to the extent of short
supply to the State Govt. for meeting obligations under different
provisions of the Act as may be prescribed by the Central Govt. *(section-31)
*
*21. **Penalties *
Any public servant or authority found guilty by the State Commission or
the National 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 willfully ignoring such
recommendation shall be liable to penalty not exceeding five thousand
rupees. *(section-41)*
*22. **Act to have overriding effect*
The provisions of this Act or the schemes made thereunder shall have
effect notwithstanding anything inconsistent contained in any other law
for the time being in force or in any instrument having effect by
virtue of such law. *(section-44) *
* *
*23. * *Obligation of Central Govt. for food security *
a. The Central Govt. shall, for ensuring the regular supply of
foodgrains to the persons belonging to priority households and general
households , allocate from the central pool the required quantity of
foodgrains to the state Govt. under Targeted PDS. It will also provide
foodgrains in respect of all entitlements under provisions of the Act.
b. The Central Govt. shall create and maintain required modern and
scientific facilities at various level. *( Section-30)*
*24. **Obligation of State Govt. for food security*
a. The State Govt*. *shall be responsible for implementation and
monitoring of the scheme of various ministries and Departments of the
Central Govt. in accordance with the guidelines issued by Central Govt.
for each scheme and their schemes for ensuring food security to the
targeted beneficiaries in the state.
b. Under TPDS, the State Govt. shall take delivery of food grain from
designated depot of the Central Govt. in the state, ensure actual delivery
or supply of food grains to the entitled beneficiaries.
c. The State Govt. shall prepare and notify guidelines for
prevention, identification, and relief to cases of starvation.
d. In case of non-supply of entitled quantities of food grain or meals
to entitled persons, the State Govt. shall be responsible for payment of
food security allowance. *(section-32) *
25. *Obligation of Local Authorities *
The Local authorities shall be responsible for proper implementation
of various
provisions of the Act as assigned to them by the State Govt. *
(Section-33)*
*26. **Transparency and accountability *
· All targeted Public Distribution System related records shall be
placed in public domain and kept open for public inspection.
· Every local authority or body or any other authority as
authorized by State Govt. shall conduct periodic social audit on TPDS
and other welfare schemes, publicize its report and take necessary action as
prescribed by State Govt.
· For ensuring transparency and proper functioning of TPDS and
accountability of functionaries, State Govt. shall set up vigilance
committees at the State, district, block and fair price shop level consisting
of such persons as may be prescribed by State Govt. giving due
representation from the local authorities and the Scheduled caste,
scheduled tribe, women, destitute etc. *( section-35,36,37)*
*27. **Subsidized price for Priority Household and General Household*
· Subsidized price for priority Household shall be not
exceeding rupees 3 per kg for rice, Rs. 2/- per kg for wheat and Rs. 1/-
per kg for coarse grains.
· Subsidized price for General Household shall be not exceeding
50 percent of the minimum support price for wheat and coarse grains and
not exceeding 50 % of derived minimum support price for rice. *(
scheduled-1)*
*Prepared by*
* Pradip Pradhan*
*M-99378-43482*
*Date-4.1.2012*
**Please find below the salient features of National Food Security
Bill-2011. The exact Bill is attached for your reference.
Regards
Pradip Pradhan
*
*
*
*Salient features of National Food Security Bill, 2011*
National Food Security Bill,2011 has been tabled in Parliament by Shri L
K. V. Thomas, Minister for Consumer Affairs, Food and Public Distribution
on 19.12.2011. The mandate of the Bill is 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. The Salient
features of the Bill is as follows.
1. The Bill has 15 chapters with 52 sections.
*2. **Important Definitions *
a. "Destitute Person" means men, women or children who have no
resources, means and support required for food and nutrition enabling their
survival, to the extent that makes them vulnerable to live with or die of
starvation.
b. "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.
c. "Social Audit" means the process in which people collectively
monitor and evaluate the planning and implementation of a programme or
scheme.
d. "Starvation" means prolonged involuntary deprivation of food that
threatens survival of the person.
*3. **Right to receive foodgrains at subsidized prices by persons
belonging to priority households and general households under TPDS *
Every person belonging to priority households and general households which
will be identified by the Govt. shall be entitled to receive every
month under targeted Public Distribution System , seven kilograms of
foodgrains per person per month for priority households and not less than
three kilograms of foodgrains per person per month for general households
at subisdised prices. The entitlements at subsidised prices shall extend
up to seventy-five percent of the rural population and up to fifty percent
of the urban population. But not less than forty-six percent of the rural
and twenty-eight percent of the urban population shall be designated as
priority households. *( section-3)*
*4. **Nutritional Support to pregnant women and lactating mothers *
Every pregnant woman and lactating mothers shall be entitled to meal,
free of charge, during pregnancy and six months after the child birth ,
through local anganwadi, so as to meet the nutritional standards specified
in Schedule 11. They shall aslo be entitled maternity benefit of rupees
one thousand per month for a period of six months in accordance with a
scheme, including cost sharing, payable in such instalments as may be
prescribed by the Central Government. *( section-4)*
*5. **Nutritional support to Children *
Every child up to the age of fourteen years shall be entitled to get the
following entitlements for his nutritional needs.
a. In 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.
b. In the case of children in the age group of six to fourteen years,
one mid-day meal , free of charge , every day except on school holidays in
all schools run by local bodies , Govt and Govt aided schools, up to
class VIII, so as to meet their nutritional standard.
c. Every school and Anganwadi shall have facilities for cooking
meals, drinking water and sanitation. But in urban areas, facilities of
centralised kitchens for cooking meals may be used as per guideline issued
by Central Govt. *(section-5)*
*6. **Prevention and Management of Child Malnutrition *
The State Govt. shall, through the local Anganwadi, identify and provide
meals, free of charge, to the children who suffer from malnutrition, so as
to meet the nutritional standards specified in Schedule II*. ( section-6)*
*7. **Entitlements of Special Groups *
The special groups consistsing of all destitiute persons or homeless
persons shall have the following entitlements.
a. All destitute persons shall be entitled to at least one meal
every day, free of charge , in accordance with such scheme, including cost
sharing , as may be prescribed by the Central Govt.
b. All homeless opersons shall be entitled to affordable meals at
community kitchens in accordance with such scheme, including cost sharing ,
as may be prescribed by the Central Govt.
c. The persons in receipt of similar benefits under any otrher
schemes of Central Govt. or State Govt. shall not be entitled to get
abovementioned benefits.
d. The migrants and their families shall be able to claim their
entitlements under this Act, at the place where they currently reside. *(
section-8) *
*8. **Emergency and disaster affected persons*
The State Govt. shall , it it is of the opinion that an emergency or
disaster situation exists , provide to affected households , two meals ,
free of charge for a period up to 3 months for the date of disaster in
accordance with such schemes including cost sharing as may be prescribed
by the Central Government. *(section-9) *
* *
*9. **Persons living in starvation *
a. The State Govt. shall identify persons, households, groups or
communities living in starvation or conditions akin to starvation.
b. All persons , households, groups or communities identified living
in starvation shall be provided meals two times a day, free of charge,
in accordance with a scheme, including cost sharing as may be prescribed by
Central Govt. for six months from the date of identification.
c. Every State Govt. shall prepare and notify guidelines for
prevention, identification and relief to cases of starvation. *(
section-10,11,12)*
*10. **Right to receive food security allowances in certain cases. *
In case of non-supply of the entitled quantities of food grains or meals
to entitled persons as mentioned above, such persons shall be entitled to
receive such food security allowance from the concerned State Govt. to be
paid to each persons within such time and manner as may be prescribed by
the Central Govt. *(section-13)*
*11. **Identification of Priority Households and General Households*
a. At the all India level, the percentage coverage of overall rural
and urban population under the priority and general households, for the
purposes of providing subsidized foodgrains under TPDS shall be determined
by Central Govt.
*b. * The State-wise distribution shall, from time to time, be
determined by the Central Govt*. ( section-14) *
*12. **Guideline for identification of Priority households and general
households*
a. The Central Government may, from time to time, prescribe the
guidelines for identification of priority households , general households
and exclusion criteria , for the purposes of their entitlement under this
Act. *( section- 15)*
b. The list of the identified priority households and general
households shall be placed by the State Govt. in a public domain and
displayed prominently. *( section-16)*
* *
*13. **Reforms in Targeted PDS *
The Central Govt. and State Govt. shall endeavour to progressively
undertake necessary reforms in TPDS as follows.
a. Doorstep delivery of foodgrains to the TPDS outlets
b. Application of information and communication technology tools
including end-to-end computerization in order to ensure transparent
recording of transactions at all levels.
c. Leveraging "aadhar" 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, cooperatives, in licensing of fair price
shops and management of fair price shops by women or their collectives.
f. Support to local public distribution models and grain banks.
g. Introducing schemes such as cash transfers, food coupons or other
schemes to the targeted beneficiaries in lieu of their food entitlements. *
(section-18)*
*14. **Women of eighteen years of age or above to be head of household
for purpose of issue of ration card. *
a. The eldest woman who is not less than eighteen years of age shall
be head of the household for the purpose of issue of ration card.
*b. *Where a household does not have woman or a woman of eighteen
years of age or above, but has a female member below the age of eighteen
years , the eldest male member of the household shall be head of the
household for the purpose of issue of ration card and the female member on
attaining age of eighteen years shall become the head of the household for
such card in place of such male member*. ( section-19) *
*15. **Grievance Redressal Mechanism *
a. The Central Govt. and the State Govt. shall put in place an
internal grievance redressal mechanism like call centres, help lines,
designation of nodal officers, or other mechanism may be prescribed.
b. For effective redressal of grievances of the aggrieved persons in
matters relating to distribution of entitled food-grains or meals under
PDS, MDM, ICDS, for special groups, disaster-affected persons etc., a
district grievance redressal officer shall be appointed by State Govt. for
each district to enforce these entitlements and investigate and redress
grievances. *( section-21)*
*16. **State Food Commission *
a. Every State Govt. shall constitute a State Food Commission for
the purpose of monitoring and review of implementation of the Act.
b. State Commission shall constitute of Chairman, other five members
and Member-secretary. There shall be at least two women, one person from
Scheduled Caste and one person from Scheduled Tribe.
c. The Chairperson, other Members and Member-Secretary shall be
appointed from amongst persons (1) who are or have members of All
India services or any other Civil Services of the Union or state or
holding a civil post having knowledge and experience in matters
relating to food security, policy making and administration in the field
of agriculture, civil supplies , nutrition and health etc. , (2) 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, (3) who have a proven
record of work relating to the improvement of the food and nutrition rights
of the poor.
d. The Chairperson or other persons shall hold officer for a term
not exceeding five years. The age limit is sixty-five years*.
(section-22)*
*17. * *Functions of State Food Commission *
(1) The State Commission shall undertake the following functions.
a. Monitor and evaluate the implementation of the Act
b. Either suo moto or on receipt of complaint inquire into violations
of entitlements provided in different sections of the Act.
c. Issue guidelines to the State Govt. in consonance with the
guidelines of the National Commission.
d. Give advice to the State Govt., their agencies, autonomous bodies
as well as non-government organizations involved in delivery of relevant
services for the effective implementation of food and nutrition related
schemes
e. Hear appeals against orders of the District Grievance Redressal
Officer
f. Hear complaints transferred to it by the District Grievance
Redressal Officer
g. Prepare Annual Report
(2) The State Govt. has the power to remove the Chairperson and Members
of the Commission from the office on the ground of inefficiency,
insolvency etc.
(3) The appointment procedure will be decided as may be prescribed by
the Central Govt* ( section-22)*
18. *Constitution of National Food Commission*
(1) The Central Govt. shall constitute National Food Commission to
perform the functions such as follows
* *
a. Monitor and evaluate the implementation of the Act
b. Either suo moto or on receipt of complaint inquire into violations
of entitlements provided in different sections of the Act.
c. Give advice to the Central Govt., in synergizing the schemes and
framing new schemes for the entitlements provided under the Act.
d. Recommend to the Central Govt. and the State Govt. , steps for
effective implementation of food and nutrition related schemes and to
enable persons to fylly access their entitlements under the Act.
e. Issue requisite guidelines for training, capacity building and
performance management of all persons charged with the duty of
the implementation
of the schemes.
f. Consider the reports and recommendations of the State
Commission for inclusion in its annual report.
g. Hear appeals against the orders of the State Commission.
h. Prepare Annual Report on implementation of the Act.
(2) The National Commission shall consist of one Chairperson, five
members, and one Member-secretary.
(3) There shall be at least two women, one person from SC and one
person from ST in the Commission.
(4) The tenure of the Commission is five years and age limit is 65
years.
(5) The appointment procedure will be decided as may be prescribed by
the Central Govt.
(6) The Central Govt. has power to remove the Commissioners from the
office on the ground of inefficiency, insolvency, convicted of an offence
etc. *(section-26)*
*19. **Powers relating to enquiries *
The National Commission as well as State Commission, while enquiring into
any matter have all the powers of Civil Court while trying a suit under
Civil Procedure Code, 1908. * (section-27)*
*20. * *Provision for fund by Central Govt. to State Govt. in certain
cases *
In case of short supply of food grains from the central pool to a
state, the Central Govt. shall provide funds to the extent of short
supply to the State Govt. for meeting obligations under different
provisions of the Act as may be prescribed by the Central Govt. *(section-31)
*
*21. **Penalties *
Any public servant or authority found guilty by the State Commission or
the National 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 willfully ignoring such
recommendation shall be liable to penalty not exceeding five thousand
rupees. *(section-41)*
*22. **Act to have overriding effect*
The provisions of this Act or the schemes made thereunder shall have
effect notwithstanding anything inconsistent contained in any other law
for the time being in force or in any instrument having effect by
virtue of such law. *(section-44) *
* *
*23. * *Obligation of Central Govt. for food security *
a. The Central Govt. shall, for ensuring the regular supply of
foodgrains to the persons belonging to priority households and general
households , allocate from the central pool the required quantity of
foodgrains to the state Govt. under Targeted PDS. It will also provide
foodgrains in respect of all entitlements under provisions of the Act.
b. The Central Govt. shall create and maintain required modern and
scientific facilities at various level. *( Section-30)*
*24. **Obligation of State Govt. for food security*
a. The State Govt*. *shall be responsible for implementation and
monitoring of the scheme of various ministries and Departments of the
Central Govt. in accordance with the guidelines issued by Central Govt.
for each scheme and their schemes for ensuring food security to the
targeted beneficiaries in the state.
b. Under TPDS, the State Govt. shall take delivery of food grain from
designated depot of the Central Govt. in the state, ensure actual delivery
or supply of food grains to the entitled beneficiaries.
c. The State Govt. shall prepare and notify guidelines for
prevention, identification, and relief to cases of starvation.
d. In case of non-supply of entitled quantities of food grain or meals
to entitled persons, the State Govt. shall be responsible for payment of
food security allowance. *(section-32) *
25. *Obligation of Local Authorities *
The Local authorities shall be responsible for proper implementation
of various
provisions of the Act as assigned to them by the State Govt. *
(Section-33)*
*26. **Transparency and accountability *
· All targeted Public Distribution System related records shall be
placed in public domain and kept open for public inspection.
· Every local authority or body or any other authority as
authorized by State Govt. shall conduct periodic social audit on TPDS
and other welfare schemes, publicize its report and take necessary action as
prescribed by State Govt.
· For ensuring transparency and proper functioning of TPDS and
accountability of functionaries, State Govt. shall set up vigilance
committees at the State, district, block and fair price shop level consisting
of such persons as may be prescribed by State Govt. giving due
representation from the local authorities and the Scheduled caste,
scheduled tribe, women, destitute etc. *( section-35,36,37)*
*27. **Subsidized price for Priority Household and General Household*
· Subsidized price for priority Household shall be not
exceeding rupees 3 per kg for rice, Rs. 2/- per kg for wheat and Rs. 1/-
per kg for coarse grains.
· Subsidized price for General Household shall be not exceeding
50 percent of the minimum support price for wheat and coarse grains and
not exceeding 50 % of derived minimum support price for rice. *(
scheduled-1)*
*Prepared by*
* Pradip Pradhan*
*M-99378-43482*
*Date-4.1.2012*
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