National Food Security Act 2013

National Food Security Act 2013 extends to whole of India and it was to be rolled out by the states within one year of its enactment. But, majority of the states were not able to do this mainly because it required computerization of the beneficiaries lists as a prerequisite. Currently,  some 14-15 states have rolled out the act; and the last date to roll out the act is fixed 30^th September 2015 by Union Government. This deadline has been extended from time to time.

Who are Beneficiaries?

The act provides legal food security to 67% of population of India. The eligible person gets Rice @Rs. 3 per Kg, Wheat @Rs. 2 per Kg and Coarse Grains @Rs. 1 Kg per month subject to maximum 5Kg per month. These prices are fixed in the schedule of the act and can be amended after three years. However, the beneficiaries covered under Antyodaya Anna Yojana will keep receiving the 35Kg per household per month at same rates. Further, this act covers infants, children and lactating women with different entitlements for them. For example, it guarantees age appropriate meal, free of charge through local anganwadi for children up to 6 months and one free meal for children in age group 6-14 years in schools. Every pregnant and lactating mother is entitled to a free meal at the local anganwadi (during pregnancy and six months after child birth) as well as maternity benefits of Rs 6,000, in instalments. Maternal benefits not extend to Government employees.

Identification of beneficiaries

The identification of eligible households is left to state governments, subject to the scheme’s guidelines for Antyodaya, and subject to guidelines to be “specified” by the state government for Priority households. The lists of eligible households are to be placed in the public domain and “displayed prominently” by state governments.

State Food Commissions

The act provides for the creation of 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 State Commission is to monitor and evaluate the implementation of the act, give advice to the states governments and their agencies, 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 hear appeals against orders of the District Grievance Redressal Officer.

Each state commission is required to prepare annual reports to be laid before the state legislature. Two or more states can have Joint Food Commissions with the approval of the Central Government.

The State Commission may forward “any case” to a Magistrate having jurisdiction, which shall proceed as if the case has been forwarded under Section 346 of the Code of Criminal Procedure 1973.

Two-tier grievance redressal structure

NFSA-2013  provides for a two-tier grievance redressal structure, involving the District Grievance Redressal Officer (DGRO) and State Food Commission. State governments also must put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, “or such other mechanisms as may be prescribed”.

DGROS shall be appointed by state governments for each district to hear complaints and take necessary action according to norms to be prescribed by state governments. 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.

Transparency Provisions

• Placing all PDS-related records in the public domain and keeping them open for inspection to the public
• Conducting periodic social audits of the PDS and other welfare schemes;
• Using information and communication technology (including end-toend computerisation of the PDS) “to ensure transparent recording of transactions at all levels”
• Setting up vigilance committees at state, district, block and fair price shop levels to supervise all schemes under the act.

PDS Reforms

• Doorstep delivery of foodgrains
• ICT applications and end-to-end computerisation
• Leveraging “aadhaar” (UID) for unique identification of entitled beneficiaries
• 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
• Introducing schemes such as cash transfer, food coupons or other schemes to the targeted beneficiaries in lieu of their food grain entitlements” as 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 eighteen 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 member

Obligations of the Governments and Local Authorities

• Central Government: The main obligation of the Central Government is to provide foodgrains (or, failing that, funds) to state governments, at prices specified in Schedule I, to implement the main entitlements. It also has to “provide assistance” to state governments to meet local distribution costs, but on its own terms (“as may be prescribed”). The Central Government has wide-ranging powers to make Rules.
• State Government: The main obligation of state governments is to implement the relevant schemes, in accordance with the guidelines issued by the Central Government. State governments also have wide-ranging powers to make Rules. They are free to extend benefits and entitlements beyond what is prescribed in the act, from their own resources.
• Local Governments: 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.