Whereas certain draft rules were published as
required by clause (c), (d) & (e) of sub-sec. (2) of Sec. 40 read with Sec.
15 of National Food Security Act, 2013 (20 of 2013) at pages 214-1 to 214-10 in
the Gujarat Government Gazette, Extraordinary, part IV-A dt. 8.11.2016 under
the Government Notification Food, Civil Supplies and Consumer Affairs
Department, No. GTH/2016/37/PDS-10-2016-2689/C-1, inviting objections or suggestions
from all persons likely to be affected thereby within a period of thirty days
from the date of publication of this notification in the Official Gazette: And Whereas the objections or suggestions
received by the government on the said draft rules have been considered by the
Government; Now therefore, In exercise of the powers
conferred by clause (c), (d) and (e) of sub-sec. (2) of Sec. 40 read with Sec.
15 of the National Food Security Act, 2013 (20 of 2013), the Government of
Gujarat hereby makes the following rules, namely: (1)
These
rules may be called the Gujarat Procedure for redressal of grievance (Food
Security) Rules, 2017. (2)
They
shall be come into force on the date of their publication in the Official Gazette. (1)
In
these rules, unless the context otherwise require, (a)
"Act"
means the National Food Security Act, 2013 (20 of 2013); (b)
"Barcoded
Ration Card' means a ration card issued to the eligible households identified
as per the Act; (c)
"Commission"
means State Food Commission constituted under Sec. 16 or designated under Sec.
18 of the Act; (d)
"District
Grievance Redressal Officer" means officer appointed or designated under
Sec. 15 of the Act; (e)
"eligible
households" means a person belonging to eligible households identified as
such under the Act by the State Government and in possession of a valid
barcoded ration card; (f)
'Form"
means form appended to these rules; (g)
"Government"
means the Government of Gujarat; (h)
"Nodal
Officer" means an officer designated or appointed as such by the State
Government under Sec. 14 of the Act; (i)
"section"
means section of the Act; (j)
Word
sand expressions used in these rules but not defined, shall have the same
meaning as respectively assigned to them in the Act. (i)
Officer
not below the rank of Deputy Collector shall be District Grievance Redressal
Officer designated by the State Government: Provided that in case of Dang District,
Officer not below the rank of Mamlatdar shall be District Grievance Redressal
Officer designated by the Sate Government. Further provided that no officer directly
engaged in the delivery of entitlements under the Act shall be designated as
District Grievance Redressal Officer. (ii)
The
State Government shall designate officer not below the rank of Deputy Mamlatdar
as a Nodal Officer in all districts, where as in case of Ahmedabad City Zonal
Officer of the office of the Food Controller shall be designated as a Nodal
Officer. A District Collector of each district shall
ensure to publish, for the convenience of the eligible households, names and
addresses of its District Grievance Redressal Officers and Nodal Officers at
all Licensee of Fair price Shop, Gram Panchayat Offices & Ward Offices in
city area. The names, addresses, contact numbers, e-mail Id, fax numbers of
District Grievance Redressal Officers and Nodal Officers shall also be
displayed on the website of each District Collector Office and Transparency
Portal of Director, Food and Civil Supplies. (1)
Help
lines consisting toll free telephone numbers, online complaint filing mechanism
shall be Set up by the Director, Food and Civil Supplies for receiving
complaints from households. (2)
The
time of operation of services of such help lines shall be published widely. No fee shall be levied for application to
District Grievance Redressal Officer and Appeal Authority. (1)
In
case the aggrieved eligible households in matters relating to distribution of
entitled food grains as per the Act and matters related thereto, then the
aggrieved eligible households shall file a written complaint in Form-A through
hand delivery, fax, e-mail, online complaint, post or registered post with the
concerned District Grievance Redressal Officer appointed or designated by the Government
under sub-sec. (1) of Sec. 15 of the Act (2)
No
anonymous complaint shall be entertained. (3)
The
District Grievance Redressal Officer shall upon receipt of the written
complaint, give due acknowledgement to the complainant in Form B with in three
working days from the date of receiving of complaint. (1)
The
District Grievance Redressal Officer shall issue the notice for hearing to the
licensee of Fair Price Shop responsible for delay or default in providing
entitled food grains to the eligible households and to the eligible households
within seven working days from the date of receiving complaint. (2)
Intimation
of hearing of the complaint by the District Grievance Redressal Officer shall
communicated by the District Grievance Redressal Officer in one of the
following manners, namely: (a)
By
hand delivery; or (b)
By
post; and (c)
By
Telephone/Fax/e-mail/SMS (whatever communication opted by the complainant) (3)
The
date for hearing shall be communicated to complainant and Licensee of Fair
Price Shop, as the case may be, at least seven working days in advance. (4)
The
Complainant and Licensee of Fair Price Shop, as the case may be, shall make
himself present during the hearing. (5)
If
any party remains absent on the date of heating even after the intimation of
hearing being duly informed to him, then, the complaint may be decided
ex-parte. (1)
The
District Grievance Redressal Officer shall adopt the following procedure for
redressal of grievance on the complaints made under sub-sec. (5) of Sec. 15 of
the Act, namely: (i)
The
District Grievance Redressal Officer shall, (a)
take
actions for expeditious and effective redressal of grievance of the aggrieved
person in matters relating to distribution of entitled, food grains and to
enforce the entitlements of food grains under the Act; (b)
inquire
into the complaint made, examine the documents or their copies; (c)
inquire
and ascertain genuineness of the bar coded ration card, issued as per the
criteria for the identification of eligible households laid down by the
Government from time to time; (d)
hear
the complaint under sub-sec. (5) of Sec. 15 of the Act or referred to him by
the Nodal Officer of the concerned District / Ahmedabad City or suo moto by
him; (ii)
The
District Grievance Redressal Officer shall also hear complaint relating to
drought affected area of the concerned district where the Government declares
drought and decides to distribute food grains irrespective of the households
who bear the bar coded ration card or not. (2)
The
District Grievance Redressal Officer, while rendering the decision, shall
declare speaking order to within a period of thirty working days from the
receipt of the complaint. (3)
The
District Grievance Redressal Officer shall arrange to deliver the copies of the
decision to the parties concerned within seven working days from the date of
the order. (4)
A
monthly report of complaints received and disposed off during the month shall
be seat by all the District Grievance Redressal Officers to the State Food
Commission on or before the 10th of succeeding month. (1)
Any
eligible household aggrieved by a decision of the District Grievance Redressal
Officer may file a Memorandum of appeal under sub-sec. (6) of Sec. 15 of the
Act with the State Food Commission within thirty working days of such decision
in Form C. Every memorandum of appeal shall be in legible handwriting or typed. (2)
Every
complaint made under sub-sec. (6) of Sec. 15 of the Act shall be deemed to have
been filed as an appeal. (3)
State
food commission shall acknowledge the receipt of such appeal in Form D. within
three working days. (4)
When
the memorandum of appeal is presented after thirty working days, such
memorandum of appeal shall be accompanied by a delay condon application. (5)
Any
Memorandum of Appeal so filed with the State Food Commission shall be heard and
disposed of within a period of forty five working days of the filing of such
appeal. (6)
The
Memorandum of Appeal shall be filed in triplicate and accompanied by the
following, documents duly self-attested, (i)
a
copy of the orders of the District Grievance Redressal Officer against which
appeal is preferred; (ii)
copies
of documents referred and relied upon by the appellant along with a list
thereof; (iii)
such
other documents as may be required to support ground of objections mentioned in
the Memorandum of Appeal. (7)
While
bearing the appeal, the Bench shall consider the grounds of appeal and shall
decide the case accordingly. (8)
Orders
of State Food Commission on appeal shall be signed and dated by the members
thereof hearing the appeal and shall be communicated to the parties free of
cost. (9)
The
decision of State Food Commission shall be final. All appeals shall be disposed of in the
following manner, namely: (i)
The
State Food Commission shall issue the notice for hearing to the District
Grievance Redressal Officer, Licensee of Fair Price Shop responsible for delay
or default in providing entitled food grains to the eligible households and to
the eligible households within seven working days in advance from the date of
receiving complaint; (ii)
Intimation
of hearing of the complaint by the State Food Commission shall be communicated
by the Sate Food Commission, in one of the following manners, namely: (a)
By
hand delivery or (b)
By
post; and (c)
By
Telephone/Fax/e-mail/SMS (whatever communication opted by the complainant. (iii)
The
date for hearing shall be communicated to the District Grievance Redressal
Officer, complainant and Licensee of Fair Price Shop, as the case may be, at
last seven working days in advance. (iv)
the
District Grievance Redressal Officer, the complainant and the licensee of Fair
Price Shop, as the case may be, shall make himself present during the hearing. (v)
If
any party remains absent on the date of hearing even after the intimation of
hearing being duly served to him, then, the appeal may be decided ex-parte. The District Grievance Redressal Officer,
Nodal Officer and Appellate Authority shall maintain records of all the cases
in Form E and Form F respectively with regard to the action taken.GUJARAT
PROCEDURE FOR REDRESSAL OF GRIEVANCE (FOOD SECURITY) RULES, 2017
PREAMBLE