The National Food Security Act, 2013

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THE NATIONAL FOOD SECURITY ACT, 2013
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
PROVISIONS FOR FOOD SECURITY

3. Right to receive foodgrains at subsidised prices by persons belonging to eligible households
under Targeted Public Distribution System.
4. Nutritional support to pregnant women and lactating mothers.
5. Nutritional support to children.
6. Prevention and management of child malnutrition.
7. Implementation of schemes for realisation of entitlements.

CHAPTER III
FOOD SECURITY ALLOWANCE
8. Right to receive food security allowance in certain cases.

CHAPTER IV
IDENTIFICATION OF ELIGIBLE HOUSEHOLDS
9. Coverage of population under Targeted Public Distribution System.
10. State Government to prepare guidelines and to identify priority households.
11. Publication and display of list of eligible households.

CHAPTER V
REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM

12. Reforms in Targeted Public Distribution System.

CHAPTER VI
WOMEN EMPOWERMENT
SECTIONS
13. Women of eighteen years of age or above to be head of household for purpose of issue of ration
cards.

CHAPTER VII
GRIEVANCE REDRESSAL MECHANISM
14. Internal grievance redressal mechanism.
15. District Grievance Redressal Officer.
16. State Food Commission.
17. Salary and allowances of Chairperson, Member, Member -Secretary and other staff of State
Commission.
18. Designation of any Commission or body to function as State Commission.
19. Joint State Food Commission.
20. Powers relating to inquiries.
21. Vacancies, etc., not to invalidate proceedings of State Commission.

CHAPTER VIII
OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY
22. Central Government to allocate required quantity of foodgrains from central pool to State
Governments.
23. Provisions for funds by Central Government to State Government in certain cases.

CHAPTER IX
OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY
24. Implementation and monitoring of schemes for ensuring food security.

CHAPTER X
OBLIGATIONS OF LOCAL AUTHORITIES
25. Implementation of Targeted Public Distribution System by local authority in their areas.
26. Obligations of local authority.
CHAPTER XI
TRANSPARENCY AND ACCOUNTABILITY
27. Disclosure of records of Targeted Public Distribution System.
28. Conduct of social audit.
29. Setting up of Vigilance Committees.

CHAPTER XII
PROVISIONS FOR ADVANCING FOOD SECURITY
SECTIONS
30. Food security for people living in remote, hilly and tribal areas.
31. Steps to further advance food and nutritional security.

CHAPTER XIII
MISCELLANEOUS
32. Other welfare schemes.
33. Penalties.
34. Power to adjudicate.
35. Power to delegate by Central Government and State Government.
36. Act to have overriding effect.
37. Power to amend Schedules.
38. Power of Central Government to give directions.
39. Power of Central Government to make rules.
40. Power of State Government to make rules.
41. Transitory provisions for schemes, guidelines, etc.
42. Power to remove difficulties.
43. Utilisation of institutional mechanism for other purposes.
44. Force Majeure.
45. Repeal and savings.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.

THE NATIONAL FOOD SECURITY ACT, 2013
ACT NO. 20 OF 2013
[10th September, 2013.]
An Act 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 incidental thereto.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
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.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) "anganwadi" means a c hild care and development center 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);
(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 (10 of 1955) , to the ration
card holders under the Targeted Public Distribution System;
(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 -
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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) "per son 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;
(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 (56 of 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 Administr ator 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 comm ittee 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 (10 of 1955), or any other relevant Act shall have the meaning respectively assigned to them in
those Acts.
CHAPTER II
PROVISIONS FOR FOOD SECURITY
3. Right to receive foodgrains at subsidis ed 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 foodgrains per
person per month at subsidised prices specified in Schedule I from the State Government under the
Targeted Public Distribution System:
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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 off take 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 exten d 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.
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 no t 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).
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.
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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.
7. Implementation of Schemes for realis ation 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.
CHAPTER III
FOOD SECURITY ALLOWANCE
8. Right to receive food security allowance in certain cases.— 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.
CHAPTER IV
IDENTIFICATION OF ELIGIBLE HOUSEHOLDS
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.
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 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. 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.
CHAPTER V
REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM
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.
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(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 infor mation 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.
CHAPTER VI
WOMEN EMPOWERMENT
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.
CHAPTER VII
GRIEVANCE REDRESSAL MECHANISM
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.
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 rela ting 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.
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(4) The State Government shall provide for the salary and allowances of the Dis trict 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. 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 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:
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 metho d 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;
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(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.
(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 convic ted 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 h is 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. 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 expen ses required for proper
functioning of the State Commission.
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.
19. Joint State Food Commission. —Notwithstanding an ything 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.
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 (5 of 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;
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(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 Commissi on 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. 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.
CHAPTER VIII
OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY
22. Central Government to allocate required quantity of foo dgrains from central pool to State
Governments.—(1) The Central Government shall, for ensuring the regular supply of foodgrains to
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 centra l pool through its own agencies and the State Governments
and their agencies;
(b) allocate foodgrains to the States;
(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. Provisions for funds by Central Government to State Government in certain cases. —In case
of short supply of foodgrains 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.

CHAPTER IX
OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY
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 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
Commodities Act, 1955 (10 of 1955), as amended from time.
CHAPTER X
OBLIGATIONS OF LOCAL AUTHORITIES
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.
26. Obligations of local authorit y.—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.

CHAPTER XI
TRANSPARENCY AND ACCOUNTABILITY
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.
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 b y 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.
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 (10 of 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 representat ion 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.
CHAPTER XII
PROVISIONS FOR ADVANCING FOOD SECURITY
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.
31. Steps to furth er advance food an d 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.
CHAPTER XIII
MISCELLANEOUS
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.
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33. Penalties.—Any public servant or authority found guilty, by the State C ommission 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.
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.
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.
36. Act to have overriding effect.—The provisions of this Act or the schemes made thereunder 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.
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, a mend 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.
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 Sta te Governments for the effective
implementation of the provisions of this Act and the State Governments shall comply with such
directions.
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;
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(b) schemes covering entitlements under sections 4, 5 and section 6 including cost sharing under
section 7;
(c) amount, time and manner of p ayment 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 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.
40. Power of State Government to make rul es.—(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 sala ries, 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.
(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. 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 thereunder:
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. 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 s ection 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. 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.
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 foodgrains or meals to such person under t

Excerpt shown. Open the full act in Lexace.

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