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  • Sections

  • Rule - 1. Short title and Commencement.
  • Rule - 2. Definitions.
  • Rule - 3. Identification of eligible beneficiaries/households.
  • Rule - 4. Eligibility criteria for AAY inclusion (Rural).
  • Rule - 5. Eligibility criteria for AAY inclusion (Urban).
  • Rule - 6. Exclusion Parameters for Priority Household in urban areas.
  • Rule - 7. Exclusion Parameters for Priority Household in rural areas.
  • Rule - 8. Grievance Redressal Officers (GRO) and Assistant Grievance Redressal Officers (AGRO).
  • Rule - 9. Internal Grievance Redressal System.
  • Rule - 10. Duties of Nodal Officer for implementation of the Public Distribution System.
  • Rule - 11. Appearing before Grievance Redressal Officer.
  • Rule - 12. Timely disposal of Complaints.
  • Rule - 13. Vigilance Committees.
  • Rule - 14. State Level Vigilance Committee.
  • Rule - 15. District Level Vigilance Committee.
  • Rule - 16. Block Level Vigilance Committee.
  • Rule - 17. Fair Price Shop Level Vigilance Committee.
  • Rule - 18. Reports.
  • Rule - 19. Social Audit.
  • Rule - 20. Keeping Rules and Guidelines document in Public Domain.
  • Rule - 21. Payment of Food Security Allowance.
  • Rule - 22. Surrender of entitlements under the Act.
  • Rule - 23. Feedback of default in provision of entitlements.
  • Rule - 24. Reforms in Targeted Public Distribution System.
  • Rule - 25. Funding of Expenditure.
  • Rule - 26. Intra-State movement, handling and profit margin.
  • Rule - 27. Claims & Objections exercise.
  • Rule - 28. Foodgrain distribution timeline for FPS Dealers and Public.
  • Rule - 29. Beneficiary transfer from one place to another.
  • Rule - 30. Issuance of one Card to one Family.
  • Rule - 31. Ration Card is meant only for PDS.
  • Rule - 32. Lost of Ration Card.
  • Rule - 33. Unclaimed and Surrendered Ration Card.
  • Rule - 34. Duplicate and Blank Ration Card.
  • Rule - 35. Power to Amendment Rules.
  • Rule - 36. Power to Remove Difficulties.

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MEGHALAYA FOOD SECURITY RULES, 2018

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MEGHALAYA FOOD SECURITY RULES, 2018

PREAMBLE

In exercise of the power conferred by sub-section (1) of Section 40 of the National Food Security Act, 2013 (Central Act No. 20 of 2013), the Governor of Meghalaya is pleased to notify herein below framing the following draft rules namely the Meghalaya Food Security Rules 2018 for general information of the public.

Therefore, any objections or suggestions effecting any person or public in connection with framing of draft rules shall be submitted to the Department for consideration within 40 days of publication of this notification. Thereafter the State Government shall consider and finalize the draft rules.

Rule - 1. Short title and Commencement.

(1)     These Rules may be called the Meghalaya Food Security Rules, 2018.

(2)     They shall extend to the whole of the State of Meghalaya.

(3)     It shall come into force from the date of publication in the Official Gazette.

Rule - 2. Definitions.

In these rules unless there is anything repugnant in the subject or context,-

(a)      "Act means the National Food Security Act, 2013 (Central Act No. 20 of 2013);

(b)      "Commission" means the State Food Commission constituted under Section 16 of the Act;

(c)      "Directorate" means the Directorate of Food Civil Supplies and Consumer Affairs of the State;

(d)      "Form" means the forms appended to these rules;

(e)      "Gazette" means the Gazette of the State of Meghalaya;

(f)       "Schedule" means the Schedule appended to these Rules;

(g)      "State Government" means the Government of the State of Meghalaya; and

(h)     "year" means a calendar year.

All words and expressions used and not defined shall have the meaning respectively assigned to them in the Act.

Rule - 3. Identification of eligible beneficiaries/households.

(1)     The State Government will identify the list of eligible beneficiaries or households based on criteria under these rules.

(2)     The State Government may regularly update the list of eligible beneficiaries on a yearly basis or five-year basis or as and when required.

(3)     As per Sections 4, 5 and 6 of the National Food Security Act, 2013, nutritional needs to school children are being provided through the Mid Day Meal Scheme. The scheme provides nutritious cooked meal to all Government and Government Aided Lower Primary and Primary Schools and is implemented by the Directorate of School Education and Literacy.

(4)     As per Sections 4, 5 and 6 of the National Food Security Act, 2013, children aged six months to six years and pregnant and nursing mothers are being provided free meals through AnganwadiCentres through the Supplementary Nutrition Programme (SNP). Under Sections 4, 5 and 6 of the National Food Security Act, 2013, pregnant and nursing mothers are also provided cash directly as maternity benefits to improve nutritional status through the Indira Gandhi MatritvaSahyogYojana (IGMSY). Both SNP and IGMSY schemes are implemented by the Directorate of Social Welfare.

(5)     Apart from Mid Day Meal, SNP and IGMSY, under the National Food Security Act, 2013, food security is ensured to eligible households or beneficiaries falling under the Antyodaya Anna Yojana (AAY) or Priority Household (PHH) schemes. For AAY, each household is entitled to receive foodgrain (rice) at the rate of thirty five kilogram per month at the rate of Rupees three per kilogram. For PHH, each beneficiary is entitled to receive foodgrain (rice) at five kilogram per month at the rate of Rupees three per kilogram. Both the AAY and PHH schemes are implemented by the Department of Food Civil Supplies and Consumer Affairs.

(6)     Any person, organization or Government authority who has reason to believe that any person or household or a group of persons or group of households who should have been included in the AAY or PHH category and their name has not been included in the list relevant to that category; or any person or household or a group of persons or group of households who should not have been included in the AAY or PHH category and their name has been included in the list relevant to that category; may file a complaint before the Competent Authority for inclusion or elimination, as the case may be, of names of such persons or household. This exercise shall be done through the Claims and Objections process which is an ongoing exercise. The inclusion of new names under the Act may be incorporated in a yearly manner.

(7)     Only bona fide citizens of India and indigenous tribes of the State of Meghalaya shall be eligible for consideration for benefit under the Act.

(8)     The households to be covered under the Antyodaya Anna Yojana (AAY) is as per the following criteria specified in Rules 4 and 5 of this Rule and households to be covered under the Priority Household (PHH) is as per the following criteria specified in Rules 6 and 7 of this Rule.

Rule - 4. Eligibility criteria for AAY inclusion (Rural).

The eligibility criteria for AAY inclusion(Rural) shall be as follows. -

(a)      homeless households and households without shelter;

(b)      destitute households which are dependent predominantly on alms for survival;

(c)      households with only one room, kucha walls and kucha roof;

(d)      all household headed by minor;

(e)      all households with no adult member between age fifteen and fifty nine including all households headed by a person of sixty years of age or more with no assured means of subsistence or-social support;

(f)       household headed by disabled member and with no able-bodied adult member;

(g)      landless households deriving a major part of their income from manual casual labour;

(h)     all households headed by a widow or a single woman with a monthly income of Rupees five thousand or less; and

(i)       aids, cancer or patients with chronic diseases and having no other family member to take care.

Rule - 5. Eligibility criteria for AAY inclusion (Urban).

The eligibility criteria for AAY inclusion (Urban) shall be as follows. -

(1)     On basis of Residential Vulnerability,-

(i)       if the household is 'houseless' [households who do not live in buildings or census houses (Structure with roof) but live in the open on roadside, pavements, in hume pipes, under flyovers and staircases, or in the open in places of worship, mandals, railway platforms, etc. are treated as houseless households (as per the Census of India, 2001).]; or

(ii)      if the household has a house of roof and wall made of plastic or polythene; or

(iii)     if the household has a house of only one room or less with the material of wall being grass, thatch, bamboo, mud, un-burnt brick or wood and the material of roof being grass, thatch, bamboo, wood or mud.

(2)     On basis of Occupational Vulnerability,-

(i)       if the household has no income from any source;

(ii)      any household member (including children) who is engaged in a vulnerable occupation like beggar or rag picker, domestic worker (who are actually daily-paid wages) and sweeper or sanitation worker);

(iii)     if all earning adult members in a household are daily wagers or irregular wagers; and

(iv)    all household headed by a widow or a single woman with a monthly income of Rupees five thousand or less.

(3)     On basis of Social Vulnerability,-

(i)       child-headed household i.e. if there is no member of the household aged eighteen years and above;

(ii)      if all earning adult members in a household are either disabled, chronically ill or aged more than sixty five years;

(iii)     aids, cancer or patients with chronic diseases and having no other family member to take care; or

(iv)    single women (including widows, unmarried and separated and deserted women), living in household as dependent or as head of household with a monthly income of Rupees five thousand or less.

Rule - 6. Exclusion Parameters for Priority Household in urban areas.

The Exclusion Parameters for Priority Households in urban areas shall be as follows,-

(1)     If the number of dwelling rooms exclusively in possession of household which is four rooms and above (dwelling rooms with wall of concrete or burnt bricks or stone packed with mortar, roof of concrete or burnt bricks or machine-made tiles), that household will be excluded.

(2)     Households possessing any one of the following assets will be excluded,

(i)       4-wheeler motorized vehicle;

(ii)      A.C. set; or

(iii)     Computer/laptop with internet.

(3)     Households possessing any three of the following assets will be excluded,

(i)       Refrigerator;

(ii)      Telephone (landline);

(iii)     Washing machine; and

(iv)    2-wheeler motorized vehicle.

(4)     The Department may also exclude any household with one member or more working as a regular Government employee drawing a regular pay scale.

Rule - 7. Exclusion Parameters for Priority Household in rural areas.

A household with any of the following will be excluded automatically, if,-

(a)      three or more rooms with all rooms having pucca walls and roof;

(b)      households with non-agricultural enterprises registered with the Government;

(c)      any household with one or more member working as a regular Government employee

(d)      any member of the family earning more than Rupees ten thousand per month;

(e)      paying income tax;

(f)       paying professional tax;

(g)      own two; three or four-wheelers or fishing boats;

(h)     ownmechanised two, three or four-wheeler agricultural equipment;

(i)       kisan credit card with credit limit of Rupees fifty thousand and above;

(j)       own a refrigerator;

(k)      own a landline phone;

(l)       own 2.5 acres or more of irrigated land with at least one irrigation equipment;

(m)    5 acres or more irrigated land for two or more crop seasons;

(n)     owning at least 7.5 acres of land or more with at least one irrigation equipment

Rule - 8. Grievance Redressal Officers (GRO) and Assistant Grievance Redressal Officers (AGRO).

(1)     The State Government shall from time to time identify Additional Deputy Commissioner or Extra Assistant Commissioner as the Grievance Redressal Officer (GRO) in each District and Sub-Division. The appointment of the GRO shall be as per the notification of the State Government and the qualification of the GRO is that he should be in the rank of Additional Deputy Commissioner or Extra Assistant Commissioner. Apart from GRO, there shall be an Assistant Grievance Redressal Officer (AGRO) at each District and Subdivision to assist the GRO in the effective implementation of various schemes under PDS. The senior most officer of the Supply Department is the AGRO.

(2)     The roles and responsibilities of the AGRO are as follows,-

(a)      to accept and address complaints/queries from public, Call Centre (toll free number 1967), in writing, in person, via email, phone, fax, post, etc;

(b)      to monitor and redress complaints lodged and address it within the timeline as per Rule;

(c)      to submit a quarterly report to the GRO and Directorate informing the complaints received during the period, nature of complaints, number of complaints redressed, number of complaints pending and note/suggestion;

(d)      to comply and conduct the duties as per the provision of the Act;

(e)      effective implementation of Social Audit in the District/Subdivision and to send the information as required to the Nodal Agency for conducting the Social Audit;

(f)       Regularly send the monthly Utilisation Certificate of all the schemes to the Directorate.

(3)     If there is a change of AGRO, the Deputy Commissioner or the Sub-Divisional Officer shall immediately write to the Director of Food Civil Supplies and Consumer Affairs of the State, the replacement with full name, designation and contact details like email, mobile number, etc.

(4)     Under Mid Day Meal scheme which is implemented by Directorate of School Education & Literacy, the Director; Joint Director or Deputy Director is the State Nodal Officer and the District School Education Officer (DSEO) and Sub-Divisional School Education Officer (SSEO) are the AGRO to assist the GRO.

(5)     For the Supplementary Nutrition Programme (SNP) and the Indira Gandhi MatritvaSahyogYojana (IGMSY) which are implemented by the Directorate of Social Welfare, the Programme Officer will be the State Nodal Officer and the District Social Welfare Officer (DSWO) and District Programme Officer (DPO) are the AGRO to assist the GRO.

Rule - 9. Internal Grievance Redressal System.

(1)     The State Government shall set up a robust and efficient internal system of grievance redressal for disposal of the complaints relating to the Act.

(2)     Without prejudice, the internal system for grievance redressal consists of,-

(a)      a call centre based help line with toll free number 1967 that is established for registering complaints and providing information to the public;

(b)      a Web - based grievance redressal portal (www.megpgrams.gov.in) is available for effective realization of the Act in the State.

(3)     Lodging of Complaints,-

(i)       Any aggrieved person can file and submit his or her complaint to the District or Subdivision Grievance Redressal Officer in writing, telephone, online.

(ii)      Complaints shall be filed in the prescribed format in Form - I appended to this Rule. If complaint is submitted by phone through Toll free Number 1967, the receiver shall fill in the form and Acknowledgement Receipt shall be issued by the receiver in Form-I appended to this rule.

(iii)     Complaint box shall be placed at the office of all District and Sub-Divisional Supply Offices, District and Sub-Divisional School Education Offices, District Social Welfare Offices and District Programme Offices wherein any aggrieved person can post his complaints in writings. Complaint Box shall be checked daily at 4 p. m. for processing.

(4)     The District Commissioner or the Sub-divisional Officer or Directorate shall compulsorily nominate a Nodal Officer with regard to the implementation of the Public Distribution System.

Rule - 10. Duties of Nodal Officer for implementation of the Public Distribution System.

(1)     The senior most Supply Officer of a District and Subdivision is the Nodal Officer to oversee the effective implementation of PDS. The duties of Nodal Officer are to,-

(a)      verify, at the end of every month the status of supply of food grains to the entitled persons covered as per the entitlement under the Act;

(b)      record in writing, the reasons for non-supply of entitled quantity of food grains to any entitled person;

(c)      pay the food security allowance to the entitled person in cases where entitled quantity of food grains has not been supplied due to non-availability of food grains;

(d)      open bank account within one month from the date of initial payment of the food security allowance;

(e)      register complaints with the DGRO or AGRO forthwith where food grains have not been supplied;

(f)       check and take action on duplicate or bogus ration cards and submit an action taken report to the Supply Director immediately;

(g)      act as Nodal Officer for implementing the Act on behalf of the District or Subdivision;

(h)     oversee allotment including online allocation of food grain on monthly basis;

(i)       liaise with Grievance Redressal Officer or Assistant Grievance Redressal Officer in addressing complaints or queries;

(j)       manage, train and supervise Data Entry Operators or Staffs dealing with online allocation; and

(k)      coordinate with relevant stakeholders for cases like I.T. maintenance and technical support for smooth implementation of the Act;

(l)       Supervise the effective implementation of Social Audit in the District or Subdivision and to send the information as required to the Nodal Agency for conducting the Social Audit;

(m)    Regularly send the monthly Utilisation Certificate of all the schemes under PDS to the Directorate.

(2)     The food security allowance shall not be payable to an entitled person who does not visit the Fair Price Shop to claim his or her entitlement during the month:

Provided that the Nodal Officer may exempt a person from visiting the Fair Price Shop and claiming his entitlement, for reasons to be recorded in writing:

Provided further that the food security allowance shall not be payable to an entitled person who refuses to claim his or her entitlement on the ground of quality of foodgrain or such other grounds.

(3)     The State Government may also consider designating one or more of its officers as Nodal Officers from Food Civil Supplies and Consumer Affairs Department, Social Welfare Department and Education Department for grievance redressal with regards to beneficiaries who are pregnant women and lactating mothers, minor orphans, handicapped, old-aged and children up to the age of fourteen years.

(4)     If there is a change of Nodal Officer, the Deputy Commissioner or the Sub-Divisional Officer or Director shall immediately write to the Government the replacement with full name, designation and contact details like email, mobile number, etc.

(5)     All District and Subdivision Supply Offices are to undertake publicity twice a year on grievance redressal system like the Toll free Number 1967, web-based complaint management system (www.megpgrams.gov.in), right to food, National Food Security Act, 2013, etc.

(6)     A beneficiary who is not able to go to the Fair Price Shop in person including physically challenged, pregnant women and senior citizens to get his or her ration may be allowed to authorize someone on his or her behalf to get the ration pertaining to his or her entitlement. The Deputy Commissioner or Sub Divisional Officer may appoint an official from the Social Welfare Department along with the Nodal Officer of the Supply Department for such assistance.

Rule - 11. Appearing before Grievance Redressal Officer.

(1)     The Grievance Redressal Officer shall notify the days and time for receiving the complaints under the Act. Apart from AGRO, the Grievance Redressal Officer may also nominate an appropriate officer or staff to receive complaints or grievances on his behalf.

(2)     Complaints may be filed by the beneficiary or persons on behalf of the beneficiary.

(3)     The Grievance Redressal Officer shall conduct such enquiry as per sub-rule(s) of this Rule in case;

(a)      if he finds that the complaint carries substance, may give such directions and relief as enumerated in sub-rule (4) of this Rule for compliance with the entitlements granted under the Act;

(b)      if he finds that the complaint does not have any substance, discharge the notice.

(4)     The direction and relief that can be provided shall be as follows,-

(a)      direction for provision of the entitlement not provided within such period not exceeding thirty days; or

(b)      direction for payment of food security allowance within such period not exceeding thirty days;

(c)      direction regarding supervision by an appropriate person or representative, of such provision or payment, as the case may be, under clause (a) and (b) above;

(d)      any other appropriate direction:

Provided that such direction shall not include payment of penalty by any public servant and provided further that such direction shall not be inconsistent with the Act. (5) The process followed by the Grievance Redressal Officer for the enquiry shall be to,-

(a)      verify whether there is a prima-facie substance in the complaint to proceed in the matter;

(b)      if he is satisfied, that there is prima-facie ground to proceed in the matter, he shall issue a notice to all the parties in the case about fixing date, time and place for the hearing;

(c)      on the date fixed for hearing he shall hear the parties and take such evidence as may be given by them;

(d)      if, on the date fixed by him, the complainant or his authorized representative is absent, he may dismiss the complaint;

(e)      if, on the date fixed by him, the defending party is absent he may proceed to enquire the matter and decide accordingly;

(f)       he may also, at the request of the parties or suo-motu adjourn the proceedings to some other date with or without cost; and

(g)      after the enquiry, the Grievance Redressal Officer shall submit a report to the State Food Commission.

Rule - 12. Timely disposal of Complaints.

(1)     An inquiry under this rule shall be finalized as soon as may be, but in any case within not more than sixty days.

(2)     In order to ensure the timely disposal of the complaints, the AGRO and Nodal Officer shall be responsible in his District or Subdivision.

(3)     If the complaint cannot be disposed, the AGRO and Nodal Officer shall send a report in writing with reasons to the GRO by the end of the calendar month, but in any case not later than within a week of completion of sixty days.

Rule - 13. Vigilance Committees.

(1)     There shall consist Vigilance Committees to be constituted at different levels shall effectively function, on the due dates to be notified by Government.

(2)     Function of the Vigilance Committee is to,-

(a)      Regularly supervise the implementation of all schemes under the Act;

(b)      Inform Grievance Redressal Officer, in writing, of any violation of the provision of the Act;

(c)      Inform the Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it; and

(d)      Hold meeting on quarterly basis.

Rule - 14. State Level Vigilance Committee.

The Government shall constitute the State Level Committee with the following members, namely, -

(a)      Minister In-charge Food Civil Supplies and Consumer Affairs - Chairman.

(b)      Principal Secretary or Commissioner and Secretary, Food Civil Supplies and Consumer Affairs - Member Secretary.

(c)      Minister In-charge Community and Rural Development or Urban Affairs -Member.

(d)      Members of Parliament - Member.

(e)      Principal Secretary or Commissioner and Secretary, Urban Affairs or C & RD or Statistics etc. - Member.

(f)       Director, Food Civil Supplies and Consumer Affairs - Member.

(g)      State Co-ordinator, Indian Oil Corporation - Member. (h) General Manager, Food Corporation of India - Member. (i) All Deputy Commissioners - Member.

(h)     President of Chambers of Commerce, Shillong - Member.

(i)       Three representatives from local authorities - Member.

(j)       President of Women Organisation or Youth Organisation - Member.

Rule - 15. District Level Vigilance Committee.

The Government shall constitute District Level Committee with the following members, namely, -

(a)      Deputy Commissioner - Chairman.

(b)      Joint Director, Deputy Director of Supply or Superintendent of Supply-Member Secretary.

(c)      Sub-Divisional Officer (s) within the District - Member.

(d)      Block Development Officer within the District - Member.

(e)      District Manager, Food Corporation of India - Member.

(f)       President of various Chamber of Commerce of the District Member.

(g)      President of Women Organisation or Youth Organisation or Self Help Group of the District - Member.

(h)     Two public representatives to be notified by the Chairman one each among MLAs and MDCs - Member.

Rule - 16. Block Level Vigilance Committee.

The Block Level Vigilance Committee shall be constitute with the following members, namely, -

(a)      Sub-Divisional Officer (s) within the jurisdiction of the Block -Chairman.

(b)      Block Development Officer or Superintendent of Supply - Member Secretary.

(c)      Inspector of Supply - Member.

(d)      President of various Chamber of Commerce of the District -Member.

(e)      President of Women Organisation or Youth Organisation or Self Help Group of the District - Member.

(f)       Two public representatives to be notified by the Chairman one each among MLAs and MDCs - Member.

Rule - 17. Fair Price Shop Level Vigilance Committee.

The Fair Price Shop Level Vigilance Committee shall constitute with the following members, -

(a)      Local Headman or Nokma - Chairman.

(b)      Secretary of the Local Durbar or Village Committee - Member Secretary.

(c)      President Women Organisation within the jurisdiction of the Fair Price Shop - Member.

(d)      President Youth Organisation within the jurisdiction of the Fair Price Shop - Member.

(e)      President Self Help Group within the jurisdiction of the Fair Price Shop - Member.

(f)       Six Members of Card Holder families residing within the jurisdiction of the Fair Price Shop - Member.

(g)      Inspector or Sub-Inspector of Food Civil Supplies and Consumer Affairs In-charge of Fair Price Shop - Ex-Officio Member.

Rule - 18. Reports.

In addition to sending reports as per Section 29 of the Act, the Vigilance Committees at various levels shall send quarterly reports to the Deputy Commissioner or the Sub Divisional Officer.

Rule - 19. Social Audit.

(1)     The State Government has notified the Programme Implementation and Evaluation Department as the Nodal Department to conduct the Social Audit. Programme Implementation and Evaluation Department shall issue detailed guidelines to conduct Social Audit as per the provisions of Section 28 of the Act.

(2)     The guidelines shall inter - alia also provide for the constitution of social audit committees at various levels. The social audit committees shall conduct a social audit of the implementation of schemes under the Act at such intervals and in accordance with such guidelines as may be notified by the State Government.

(3)     No social audit shall be conducted in a manner obstructing conduct of normal work of any state authority.

(4)     No social audit shall be conducted unless a notice of fifteen days has been given to the concerned public authorities.

Rule - 20. Keeping Rules and Guidelines document in Public Domain.

(1)     On completion of each identification process, the State Government shall display prominently and place in public domain the Rules and Guidelines, and may include the list of names of persons or households identified for inclusion in 'Priority Household' or 'Antyodaya Anna Yojana' category and may also display the list or details of Supplementary Nutrition Programme (SNP), Indira Gandhi MatritvaSahyogYojana (IGMSY) and Mid-Day Meal schemes.

(2)     The Rules shall be in English and the Guidelines shall be in English, and may translated into Khasi and Garo. The Guideline in local languages will help the indigenous people understand their right to food, facts about the Act and its implementation.

(3)     The list of names of eligible household or beneficiaries will be displayed at Village Office, Deputy Commissioner or Sub Divisional Supply Office, Block Development Office and Fair Price Shops prominently. List of places where the Rules and the Guidelines shall be as per Scheduled I.

Rule - 21. Payment of Food Security Allowance.

(1)     The beneficiary shall be paid such Food Security Allowance as notified by the Central Government under the provision of Section 8 and Section 39 of the Act in case of non-supply or failure to provide the entitlement of food grains as required under the Act.

(2)     Any Food Security Allowance paid by the State Government shall be recovered from the concerned responsible persons including officers of the State Government according to the principles laid down under sub-rule (1) in case of failure of providing the entitlement.

Rule - 22. Surrender of entitlements under the Act.

(1)     A beneficiary may, if he so desires, by applying to the concerned local authority in writing, surrender his right-entitlements either temporarily or permanently.

(2)     The entitlement shall be automatically re-instated at the end of the period of such temporary surrender, unless such period of surrender is extended further in writing by the concerned beneficiary.

(3)     Application for surrendering of entitlement may be submitted to Deputy Commissioner or Sub Divisional Officer Supply Office via a simple application along with name(s) and address accordingly.

Rule - 23. Feedback of default in provision of entitlements.

The public authority is responsible for provision of entitlements as required by the Act shall, in cases where beneficiary does not turn up to claim the entitlements, report of such event along with beneficiary-wise list is to be written to such authority as may be prescribed by the State Government.

Rule - 24. Reforms in Targeted Public Distribution System.

The State government may, as soon as may be, prescribe detailed guidelines for the reforms in the Targeted Public Distribution System as required by Section 12 of the Act.

Rule - 25. Funding of Expenditure.

The State Government shall bear from its exchequer all expenses incurred in implementation of these Rules and the Act, beyond the expenses borne by the Central Government under cost sharing and assistance, as per Section 7 and Clause (a) of Sub Section(4) of Section 22 of the Act respectively.

Rule - 26. Intra-State movement, handling and profit margin.

The Wholesalers and Fair Price Shop Dealers shall be paid as per rates fixed by the Government and shall be notified from time to time.

Rule - 27. Claims & Objections exercise.

(1)     Any person who wishes to be included under the Act shall have to fill up the Form - II along with Form - II (A) appended to this Rule if requesting for AAY inclusion.

(2)     (a) Form - II (B) appended to this Rule if requesting is for Priority Household (PHH) inclusion.

(b) Form - III appended to this Rule should also be filled and duly signed and sealed from the local Vigilance Committee. They are also to submit the Forms in their respective Deputy Commissioner or Sub Divisional Officer Supply Office.

(3)     A family wishing to change the Head of Family shall fill in Form - IV appended to this Rule.

(4)     For minor corrections like change in beneficiary name or printing mistake, etc. which does not require the addition of new Ration Card details, the exercise is to be completed by the respective Deputy Commissioner or Sub Divisional Officer Supply Office within thirty days from the date of submission of the application from the beneficiary. Form-V appended to this Rule is to be filled for such minor corrections.

(5)     For deletion of member or members, Form - VI appended to this Rule is to be filled up.

(6)     If the beneficiary is handicapped or illiterate, Supply Officials are to help in filing up the Forms.

(7)     All Forms as appended to this Rule shall be available at all Supply Branches of the offices of Deputy Commissioners or Sub Divisional Officers.

(8)     The Claims and Objections exercise is an ongoing process but the inclusion of new beneficiaries shall be done on a yearly basis.

(9)     For objections against to those who should be included under the Act, a person or organisation shall have to fill in Form - I appended to this rule.

Rule - 28. Foodgrain distribution timeline for FPS Dealers and Public.

The Fair Price Shop Dealers shall complete the distribution of foodgrain within one month from the date of receipt of foodgrain from the Wholesaler.

Rule - 29. Beneficiary transfer from one place to another.

(1)     Beneficiary who wish to transfer from one location to another should submit an application to the respective Deputy Commissioner or Sub Divisional Officer. If the beneficiary wish to transfer from one district to another, a Surrender Certificate should be availed from the Deputy Commissioner or Sub Divisional Officer Office where he or she was previously staying and submit it to the Deputy Commissioner or Sub Divisional Officer Office of the place where he or she wishes to stay. The Surrender Certificate should be produced along with an application on plain paper addressed to Deputy Commissioner or Sub Divisional Officer. The request for shifting from one District to another should be completed within ninety days from the date of request.

(2)     If a beneficiary desire to shift to another FPS location residential address, he/she may fill in Form - VII appended to this Rule.

Rule - 30. Issuance of one Card to one Family.

One family should use one Ration Card for availing the scheme under NFSA. No consumer should use two cards and if found a fine of Rupees five hundred is to be paid and/or shall be primarily as per the provisions of the Act.

Rule - 31. Ration Card is meant only for PDS.

The Ration Card availed from the Department of Food Civil Supplies & Consumer Affairs shall be used only for availing commodities and foodgrain under the Public Distribution System. The Ration Card shall not be used as an official Identity, proof of identity, proof of residence, proof of address or any other purposes.

Rule - 32. Lost of Ration Card.

If a Ration Card is lost, an FIR along with a fee of Rupees ten shall be levied for reissuing a new Ration Card. Proper receipt mechanism are to be maintained and uploaded on the Department website on a regular basis.

Rule - 33. Unclaimed and Surrendered Ration Card.

For Unclaimed Ration Card, respective District and Sub-Division Supply Offices are to give wide publicity for the same and after ninety days of non-distribution of Ration Card, the District and Sub-Division Supply Offices are to officially intimate the Director so that genuine beneficiaries are included. For Surrendered Ration Card, District and Sub-Division Supply Offices are to shift the same to Non-NFSA category within thirty days of the receipt of the surrendered Ration Cards and in their place, genuine beneficiaries may be included from the Claim and Objection process. A detailed report is to be sent to the Directorate for approval of inclusion of new AAY or PHH beneficiaries.

Rule - 34. Duplicate and Blank Ration Card.

If there are any Duplicate and Blank Ration Card, District and Sub-Division Supply Office is to conduct proper physical verification. If there is no beneficiary found, Report with approval for deletion may be sent to Directorate so that genuine beneficiaries are included accordingly.

Rule - 35. Power to Amendment Rules.

Any amendment to these Rules shall be made as per Section 40 of the Act.

Rule - 36. Power to Remove Difficulties.

(1)     If any difficulty arises in giving effect to the provisions of these Rules, the State Government may, by order, publish in the Official Gazette by making such provisions, not inconsistent with the provisions of the Act and these rules, as appear to it to be necessary or expedient for removing the difficulty.

(2)     Every order or notification made by the State Government under these Rules shall be laid, as soon as may be after it is made before the State Legislature.

SCHEDULE I

Sl. No.

Level

Concerned Office

Concerned Officer/Authority

1.

State Level

At Notice Board of Food Civil Supplies & Consumer Affairs, Department, Shillong and Directorate/Directorate of Social Welfare/Directorate of School Education and Literacy

Director, Food Civil Supplies & Consumer Affairs, Shillong/Director of Social Welfare/Director of School Education and Literacy

2.

District/Subdivision Level

At District Commissioners/Sub-Division Officers Supply Office

Nodal Officer/AGRO/All Supply Officers/District School Education Officer (DSEO) and Sub-Divisional School Education Officer (SSEO)/District Social Welfare Officer (DSWO) and District Programme Officer (DPO)

3.

Block Level

Block Development Office

Block Development Officer/Superintendent of Supply/Inspector of Supply

4.

Village Level

At Village Office/Headman Office/Fair Price Shop/Wholesaler/Local body Office

Local Headman/Nokma, FPS Dealer, Wholesaler, Block Officer

 

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