The Bill seeks
“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 therwith and
incidental thereto”.
It extends to
the whole of India and “shall come into force on such date as the Central
Government may, by notification in the Official Gazette appoint, and different
dates may be appointed for different provisions of this Act”.
2. Entitlements
Public
Distribution System (TPDS)
Priority
households and general households are entitled to 7 kgs and (at least) 3 kgs of
foodgrains per person per month, respectively. The Bill prescribes that “not
less than 46% of the rural and 28% of the urban population shall be designated
priority households”; the combined coverage of priority and general households
shall be 75% of the rural population and 50% of the urban population.
The PDS issue prices
are given in Schedule 1: Rs 3/2/1 for rice/wheat/millets (actually called
“coarse grains” in the Bill) for priority households, and not more than half of
MSP for general households.
Children’s
Entitlements
For children in
the age group of 6 months to 6 years, the Bill guarantees an age-appropriate
meal, free of charge, through a local anganwadi. For children aged
6-14 years, one free mid-day meal shall be provided every day (except on school
holidays) in all schools run by local bodies, government and government aided
schools, up to Class VIII. For children below six months, “exclusive
breastfeeding shall be promoted”.
Children who
suffer from malnutrition will be identified through the local anganwadi and
meals will be provided to them free of charge to meet nutritional standards specified
in Schedule 2.
(“Meal” is
defined in the Bill as “hot cooked meal or ready to eat meal or take home
ration, as may be prescribed by the Central Government”.)
Entitlements of
Pregnant and Lactating Women
Every pregnant
and lactating mother is entitled to a free meal at the local anganwadi, as well as maternity benefits
of Rs 1,000 per month for six months.
Entitlements of
Special Groups
Destitute
persons are entitled to at least one free meal every day, while all homeless
persons are entitled to “affordable” meals at community kitchens. Persons
living in starvation (or conditions akin to starvation) are entitled to two
free meals every day, in addition to any other relief provided by the state
governments. Migrants and their families shall be able to claim entitlements
“at the place where they currently reside”. In the case of an emergency or a
disaster, affected persons are entitled to two free meals for a period up to
three months from the date of disaster.
Note:
Most of these entitlements are to be delivered by state governments “in
accordance with a scheme, including cost sharing, as may be prescribed by the
Central Government”. The Bill’s Financial Memorandum suggests that, for existing
schemes, current cost-sharing norms will continue.
3. Identification
of Priority and General Households
The Bill does
not provide clear criteria for the identification of priority and general Households.
The Central Government is to determine the state-wise distribution of priority
and general households, and to notify “guidelines for identification of
priority households, general households and exclusion criteria”. Subject to
this, identification “shall be done by the State Governments or such agency as
may be decided by the Central Government”. The lists of priority and general
households are to be placed in the public domain and “displayed prominently” by
state governments.
4. Food
Commissions
The Bill provides
for the creation of a National Food Commission as well as State Food
Commissions. Each commission shall consist of a chairperson, five other members
and a member-secretary (including at least two women and one member each from
Scheduled Castes and Scheduled Tribes).
The main
function of the National and State Commissions is to monitor and evaluate the
implementation of the act, give advice to the respective governments, and inquire
into violations of entitlements (either suo motu or
on receipt of a complaint, and with “all the powers of a civil court while
trying a suit under the Code of Civil Procedure 1908”). State Commissions also
have to issue guidelines to state government in consonance with the guidelines
of the National Commission, hear appeals against orders of the District
Grievance Redressal Officer, hear complaints transferred by the National Commission,
and prepare annual reports to be laid before the state legislature.
Similarly, the National
Commission has to advise the central government, issue requisite guidelines,
hear appeals against orders of the State Commissions, and prepare annual
reports on the implementation of this act to be tabled in parliament.
5. Transparency
and Grievance Redressal
The Bill
provides for a three-tier grievance redressal structure, involving the District
Grievance Redressal Officer (DGRO), State Food Commission and National Food Commission.
Central and state governments must also put in place an internal grievance
redressal mechanism which may include call centres, help lines, designation of nodal
officers, or other mechanisms.
Transparency
Provisions
Mandatory
transparency provisions include: (1) placing all PDS-related records in the
public domain and keeping them open for inspection; (2) conducting periodic
social audits of the PDS and other welfare schemes; (3) using information and
communication technology (including end-to-end computerisation of the PDS) to
ensure transparency of records at all levels; (4) setting up vigilance
committees at state, district, block and fair price shop levels to supervise
all schemes under the act.
District
Grievance Redressal Officers
DGROS shall be
appointed by state governments for each district based on guidelines of the
central government. DGROs shall hear complaints and take necessary action
according to prescribed norms. If a complainant (or the officer or authority
against whom an order has been passed by the DGRO) is not satisfied, he or she
may file an appeal before the State Food Commission.
Penalties and
Compensation
The Food
Commissions have powers to impose penalties. If an order of the DGRO is not complied
with, the concerned authority or officer can be fined up to Rs. 5,000. In case
of “non-supply of the entitled quantities of foodgrains or meals to entitled
persons”, such persons will be entitled to a food security allowance from the
state government, as prescribed by the central government.
6. Other
Provisions
PDS Reforms
Section 3
states that the entitlements of general households “shall be linked to such
reforms in the PDS and from such date as may be prescribed by the Central
Government”. In a separate chapter, the Bill states that central and state
governments “shall endeavour to progressively undertake” various PDS reforms,
including: doorstep delivery of foodgrains; ICT applications and end-to-end computerisation;
leveraging “aadhaar” (UID) for unique identification and proper targeting; full
transparency of records; preference to public institutions or bodies in
licensing of fair price shops; management of fair price shops by women or their
collectives; diversification of commodities distributed under the PDS; full
transparency of records; and “introducing schemes such as cash transfer, food
coupons or other schemes to the targeted beneficiaries in lieu of their
foodgrain entitlements” as prescribed by the central government.
Obligations of Government and Local
Authorities
The main
obligation of the Central Government is to provide foodgrains (or, failing
that, funds) to state governments, at prices specified in Schedule I for
priority households, to implement the main entitlements. The Central Government
has wide-ranging powers to make Rules.
The main
obligation of state governments is to implement the relevant schemes, in
accordance with the guidelines issued by the Central Government.
Local Authorities
and Panchayati Raj Institutions are responsible for proper implementation of
the act in their respective areas, and may be given additional responsibilities
by notification.
7. Schedules
The Bill has three schedules (these can be
amended “by notification”). Schedule 1 prescribes issue prices for the PDS.
Schedule 2 prescribes “nutritional standards” for midday meals, take-home
rations and related entitlements. For instance, take-home rations for children
aged 6 months to 3 years should provide at least 500 calories and 12-15 grams
of protein. Schedule 3 lists various “provisions for advancing food security”,
under three broad headings: (1) revitalization of agriculture (e.g. agrarian
reforms, research and development, remunerative prices), (2) procurement,
storage and movement of foodgrains (e.g. decentralised procurement), and (3)
other provisions (e.g. drinking water, sanitation and health care).
