GRIEVANCE REDRESSAL MECHANISM
The Act made it obligatory on the State Governments to place an internal grievance redressal mechanism such as call centers, help lines, designation of nodal officers or such other mechanism as may be prescribed.
District Grievance Redressal Officer
- The State Government shall appoint or designate for each district, an officer to the District Grievance Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled food grains or meals and to enforce the entitlements under this Act;
- The qualifications for such officer and its powers shall be such as may be prescribed by the State Government;
- The method and terms and conditions of such officer shall be such as prescribed by the State Government;
- The State Government shall provide for the salary and allowances of the District Grievance Redressal Officer and other staff and such other expenditure as may be considered necessary for their proper functioning;
- The said officer shall hear complaints regarding non distribution of entitled food grains or meals and matters relating thereto and take necessary action for their redressal in such manner and within such time as may be prescribed by the State Government;
- Any complainant or the officer or authority against whom any order has been passed by officer who is not satisfied with the redressal of grievance may file an appeal against such order before the State Commission;
- Every appeal shall be filed in such manner and within such time as may be prescribed by the State Government.
State Food Commission
- Every State Government shall, by notification, constitute a State Food Commission for monitoring and review of the implementation of this Act;
- The State Commission shall consist of-
- A Chairperson;
- Five other members; and
- A Member Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary to that Government;
- There shall be at least two women, whether Chairperson, Member or Member Secretary;
- There shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tribes, whether Chairperson, Member or Member Secretary;
- The Chairperson and other members shall be appointed from amongst persons-
- 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
- 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
- Who have a proven record of work relating to the improvement of the food and nutrition rights of the poor.
- The tenure shall be for a term not exceeding 5 years from the date on which he enters upon his office and shall be eligible for reappointment;
- The maximum age for the Chairperson or the Member shall be 65 years;
- The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member Secretary of the State Commission may be appointed and time, place and procedure of the meeting of the Commission and its powers shall be such as may be prescribed by the State Government;
- The functions of the Commission are as follows:
- To monitor and evaluate the implementation of the Act, in relation to the State;
- Either suo motu or on receipt of complaint inquire into violations of entitlements provided;
- To give advice to the State Government on effective implementation of the Act;
- To give advice to the State Government, 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, to enable individuals to fully access their entitlements specified in the Act;
- To hear appeals against orders of the District Grievance Redressal Officer;
- To prepare annual reports which shall be laid before the State Legislature by the State Government.
- 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;
- The method of appointment of the staff, their salaries, allowances and conditions of service shall be such, as may be prescribed by the State Government;
- The State Government may remove from office the Chairperson or any Member who-
- is, or at any time has been, adjudged as an insolvent; or
- has become physically or mentally incapable of acting as a member; or
- has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
- has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
- has so abused his position as to render his continuation in office detrimental to the public interest.
- No such Chairperson or Member shall be removed unless he has been given a reasonable opportunity of being heard in the matter;
- The State Government shall provide for salary and allowances of the members, support staff and other administrative expenses required for functioning of the State Commission;
- The State Government may, if considers it necessary, by notification, designate any statutory committee or a body to exercise the powers and perform the functions of the State Commission;
- Two or more States may have a Joint State Food Commission for the purpose of this Act with the approval of the Central Government;
- The State Commission shall have all the powers of a civil court while trying a suit and in particular in respect of the following matters, namely-
- Summoning and enforcing the attendance of any person and examining him on oath;
- Discovery and production of any document;
- Receiving evidence on affidavits;
- Requisitioning any public record or copy thereof from any court or office; and
- Issuing commissions for the examination of witnesses or documents.
- The State Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973;
- No act or proceeding of the State Commission shall be invalid merely by reason of-
- Any vacancy in, or any defect in the constitution of, the State Commission; or
- Any defect in the appointment of a person as the Chairperson or a Member of the State Commission; or
- Any irregularity in the procedure of the State Commission not affecting the merits of the case.
- The State Commission may authorize any of its members to be an adjudicating officer fold 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.
- While holding an inquiry the adjudicating authority 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 willfully ignored such recommendation, he may impose such penalty as he thinks fit.
SOCIAL AUDIT
Every local authority or any other authority or body, as may be authorized by the State government, shall conduct or cause to be conducted period social audits on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes and cause to publicize its findings and take necessary action, in such manner as may be prescribed by the State Government. 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.
VIGILANCE COMMITTEES
Every State Government for ensuring transparency and proper functioning of the plans and accountability of the functionaries, shall set up Vigilance Committees as specified in the Public Distribution System (Control) Order, 2001, made under the Essential Commodities Act, 1955 as amended from time to time, at the State, District, Block and fair price shop levels consisting of such persons as may be prescribed by the State Government giving due representation to the local authorities, the Schedule Castes, the Scheduled Tribes, women and destitute persons or powers with disability.
The Vigilance Committee shall perform the following functions:
- To supervise regularly the implementation of all schemes under this Act;
- To inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act; and
- To inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it.
PENALTIES
Any public servant or authority found guilty by the State Commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the District Grievance Redressal Officer, without reasonable cause, or willfully ignoring such recommendation, shall be liable to penalty not exceeding Rs.5000/- after giving a reasonable opportunity of being heard.
OVERRIDING EFFECT
The provisions of this Act or the schemes made there under shall have the effect notwithstanding anything inconsistent there with contained in any other law for the time being in force or in any instrument having effect by virtue of such law.
POWERS OF CENTRAL GOVERNMENT
The following are the powers vested on Central Government:
- To delegate power subject to conditions and limitations to State Government or any officer;
- To amend schedules;
- To give directions for the effective implementation of the Act;
- To make rules.
- To remove difficulties.
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