THE NATIONAL FOOD SECURITY ACT, 2013 – PART I

[Mr. M. GOVINDARAJAN]

INTRODUCTION

The ‘National Food Security Act, 2013 (‘Act’ for short) was received the consent of the President of India on 10.09.2013 and published in the Gazette of India, Extraordinary, Part II – Section I, vide No. 29, dated 10.09.2013. The objective of the Act 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 or incidental thereto. The Act came into effect from 05.07.2013.   It is applicable to the whole of India.   It contains 13 chapters, 45 sections and four schedules. The Act repealed ‘The National Food Security Ordinance, 2013’.

Food grains at subsidized rates

Chapter II provides for food security.  The food security is offered to two types of households as detailed below:

• Priority households as identified by the State Government; and
• Households covered under ‘Antyodaya Anna Yojana’ as may be specified by the Central Government for each state in the said scheme

‘Antyodaya Anna Yojana’ means the scheme launched by the Central Government on 25.12.2000 and modified from time to time.   The Chapter gives right to receive food grains at subsidized prices.

• Every person belong to priority household shall be entitled to receive 5 kgs of good grains per person per month;
• Households covered under Antyodaya Anna Yojaja shall be entitled to receive 35 kgs of food grains per house hold per month

At the prices specified in Schedule I from the State Government under the Targeted Public Distribution System which means the system for distribution of essential commodities to the ration card holders through fair price shops.

The subsidized prices as per Schedule I are as follows:

• Not exceeding Rs.3 per kg for rice;
• Not exceeding Rs.2 per kg for wheat;
• Not exceeding Re.1 per kg for coarse grams.

The said supply is for a period of three years from the date of commencement of this Act.   After 3 years the food grains will be supplied at such price as may be fixed by the Central Government, from time to time, not exceeding-

• The minimum support price for wheat and coarse grains; and
• The derived minimum support price for rice

as the case may be.

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 good grains as specified in Schedule IV, which is reproduced below:

STATEWISE ALLOCATION OF FOOD GRAINS

SL. NO.	NAME OF THE STATE	QUANTITY (IN LAKH TONS)
1	Andhra Pradesh	32.10
2	Arunachal Pradesh	0.89
3	Assam	16.95
4	Bihar	55.27
5	Chattisgarh	12.91
6	Delhi	5.73
7	Goa	0.59
8	Gujarat	23.95
9	Haryana	7.95
10	Himachal Pradesh	5.08
11	Jammu and Kashmir	7.51
12	Jharkhand	16.96
13	Karnataka	25.56
14	Kerala	14.25
15	Madhya Pradesh	34.68
16	Maharastra	45.02
17	Manipur	1.51
18	Meghalaya	1.76
19	Mizoram	0.66
20	Nagaland	1.38
21	Odisha	21.09
22	Punjab	8.70
23	Rajasthan	27.92
24	Sikkim	0.44
25	Tamil Nadu	36.78
26	Tripura	2.71
27	Uttar Pradesh	96.15
28	Uttarkhand	5.03
29	West Bengal	38.49
30	Andaman and Nicobar Islands	0.16
31	Chandigarh	0.31
32	Dadra and Nagar Haveli	0.15
33	Daman and Diu	0.07
34	Lakshadeep	0.05
35	Puducherry	0.50
	TOTAL	549.26

The entitlements of the persons belonging to the eligible households at subsidized prices shall extend up to 75% of the rural population and up to 25% of the urban population. The State Government may, subject to the above, may provide to the persons belonging to the 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.

The percentage coverage under the Targeted Public Distribution System in rural and urban areas for each State shall 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.

The State Government shall, within the number of persons for the rural and urban areas, identify-

• The households to be covered under the Antyodaya Anna Yojana to the extent specified in accordance with the guidelines applicable to the said scheme;
• 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.

The State Government may, as soon as possible, but within such period not exceeding 365 days after the commencement of the Act, identify the eligible households in accordance with the guidelines framed.   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.   The State Government shall update the list of eligible households in the public domain and display it prominently.

NUTRITIONAL SUPPORT TO PREGNANT WOMEN

Subject to such schemes as may be framed by the Central Government, every pregnant and lactating mother shall be entitled to-

• meal, free of charge, during pregnancy and six months after the child birth through the local anganwadi, so as to meet the nutritional standard s specified in Schedule II; and
• maternity benefit of not less than Rs.6000/- in such installments as may be prescribed by the Central Government.

The nutritional standard for pregnant women and lactating mothers as specified in Schedule II is-

• type of meal – Take Home Ration;
• calories – 600 Kcal;
• Protein – 18 – 20 grams.

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 this benefit.

NUTRITIONAL SUPPORT TO CHILDREN

Every child up to the age of 14 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 as furnished below:

Schedule II

The nutritional standards for children in the age group of 6 months to 3 years, age group of 3 to 6 years to be met by providing ‘Take Home Ration’ or nutritious hot cooked meal in accordance with the Integrated Child Development Services Schemes and nutritional standards for children in lower and upper primary classes under the Mid Day Meal Scheme are as follows:

Sl. No.	Category	Type of meal	Calories (Kcal)	Protein (g)
1	Children (6 months to 3 years)	Take Home Ration	500	12 – 15
2	Children (3 years to 6 years)	Morning Snack and Hot Cooked Meal	500	12 – 15
3	Children (6 months to 6 years) who are malnourished	Take Home Ration	800	20 – 25
4	Lower Primary Classes	Hot Cooked Meal	450	12
5	Upper primary classes	Hot Cooked Meal	700	20

(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.

Every school and anganwadi shall have facilities for cooking meal, drinking water and sanitation.   In urban areas facilities of centralized kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government.

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.   The State Governments shall implement schemes covering entitlements 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.

FOOD SECURITY ALLOWANCE

In case of non supply of the entitled quantities of food grains or meals so entitled persons, 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.

WOMEN EMPOWERMENT

The eldest woman who is not less than 18 years of age, in every eligible household, shall be head of the household for the purpose of issue of ration cards. Where a household at any time does not have a woman or a woman of 18 years of age or above, but has a female member below the age of 18 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 18 years, shall become the head of the household for such ration cards in place of such male members.

REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM

The Act says that the Central as well as the State Governments shall try to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the role envisaged for them in this Act.   The reforms shall include-

• Doorstep delivery of food grains to the Targeted Public Distribution System outlets;
• Application of information and communication technology tools including end-to-end computerization in order to ensure transparent recording of transactions at all levels, and to prevent diversion;
• Leveraging ‘aadhar’ for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this Act;
• Full transparency of records;
• Preference to public institutions or public bodies such as Panchayats, self help groups, co-operatives, in licensing of fair price shops and management of fair price shops by women or their collectives;
• Diversification of commodities distributed under the Public Distribution System over a period of time;
• Support to local public distribution models and grains banks;
• Introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in order to ensure their food grain entitlements specified in such area and manner as may be prescribed by the Central Government.

OBLIGATIONS OF THE CENTRAL GOVERNMENT

The following are the obligations of Central Government for food security-

• To ensure 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 and prices;
• To allocate food grains in accordance with the manner of persons belonging to the eligible households identified in each State;
• To provide food grains in respect of entitlements to the State Governments, at prices specified for the persons belonging to the eligible households;
• To procure food grains for the central pool through its own agencies and the State Governments and their agencies;
• To allocate food grains to the States;
• To provide for transportation of food grains, as per allocation, to the depots designated by the Central Government in each State;
• To 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
• To create and maintain required modern and scientific storage facilities at various levels.
• To provide funds to the extent of short supply to the State Government for meeting obligations in such manner as may be prescribed by the Central Government.

OBLIGATIONS OF STATE GOVERNMENT

The following are the obligations of State Government for food security-

• To take delivery of food grains from the designated depots of the Central Government in the State, at the prices specified, organize intra-state allocations, for delivery of the allocated food grains through their authorized agencies at the door step of each fair price shop;
• To ensure actual delivery or supply of the food grains to the entitled persons at the prices specified;
• To make payment of food security allowance specified in case of non supply of entitled quantities of food grains or meals to entitled persons;
• To 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;
• To strengthen capacities of their Food and Civil Supplies Corporations and other designated agencies suitably;
• To establish institutionalized licensing arrangements for fair price shops in accordance with the relevant provisions of the Public Distribution s System (Control) Order, 2001 made under the Essential Commodities Act, 1955 as amended from time to time.

OBLIGATIONS OF LOCL AUTHORITIES

The local authorities shall be responsible for the proper implementation of this Act in their respective areas.   The State Government may assign, by notification, additional responsibilities for implementation of the Targeted Public Distribution System in the 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 notifications, by the respective State Governments.

ADVANCED FOOD SECURITY

The Central Government and the State Government 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.