Government of Rajasthan Food,Civil Supplies & Consumer Affairs, Department, Rajasthan. No. F 13(10) (05) Food.Deptt./Rules/2013.

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1 Government of Rajasthan Food,Civil Supplies & Consumer Affairs, Department, Rajasthan No. F 13(10) (05) Food.Deptt./Rules/2013 Date:- Notification Whereas, the draft of certain rules which the State Government propose to make in exercise of the powers conferred under sub-section (1) of section 40 of the National Food Security Act, 2013 (20 of 2013) inviting objections and suggestions from all persons likely to be affected to the Office of Additional Food Commissioner, Government of Rajasthan, Food Department, Room No.7021, Ground Floor, Food Building, Secretariat, Jaipur, or at e mail id afcfood-rj@nic.in there by till expiry of a period of fifteen days of its publication in the newspapers and wab- site of the Food Department. Any objection or suggestion which maybe received from any persons with respect to the said draft rules before the expiry of the period as specified above shall be considered by the State Government. Such objections and suggestions should be addressed to the Additional Food Commissioner and Secretary to the Government, Food Department, Room No.7021, ground floor, food building,secretariat, Jaipur or at id afcfood-rj@nic.in. Chapter-1 Preliminary 1. Short Title and Commencement- (1) These rules may be called as the complaint redressal mechanism and Constitution of Rajasthan State Food Commission Rules, (2) They shall come into force on the date of their publication in the official Gazette. 2. Definitions In these rules, unless the context otherwise requires, (a) Act means the National Food Security Act, 2013 (Central Act 20 of 2013); (b) 'Appellant' means a party which makes an appeal against the order of the District Grievance Redressal Officer. 1

2 (c) Chairperson means a Chairperson of the State Food Commission constituted under sub-section(1) of the section 16 of the Act; (d) 'Complaint' means a representation in writing or through electronic means containing a grievance with regard to distribution of entitled food grain or meals under the Act. (e) 'District Grievance Redressal Officer' means an officer appointed or designated by the Sate Government to each District, under subsection 1 of 15 of the Act. (f) Government means Government of Rajasthan; (g) Member means the Members of the State Food Commission and includes the Chairperson and Member Secretary. (h) 'Member Secretary' means 'Member Secretary of the State Food Commission (i) 'Nodal Officer' means an officer designated as such by the State Government under section 14 of the act. (j) Section means section of the Act; (k) Selection Committee means the Selection Committee constituted under these rules; (l) "State Food Commission" means Rajasthan State Food Commission constituted under section16 of the Act. (2) words and expressions used in these rules but not defined, shall have the same meaning as respectively assigned to them in the Act. Chapter II Internal Grievance Redressal Mechanism 3. As part of internal grievance redressal mechanism, the State Government shall by order designate nodal officers, as provided under Section 14 of the Act, at Fair Price Shop level to receive and redress complaints from beneficiaries. 4. State Government shall create facilities for registering complaints through toll free helpline numbers and PDS portal and give it wide publicity. 5. Complaints from higher level to lower level may be transferred through or any other web based system. The delay in transmission of complaints from one level to another however shall not be cited as reason for delay in disposing off the grievance. 2

3 6. Every complaint received through Nodal Officers, toll free helpline numbers and PDS portal shall be given a unique complaint number. 7. After verification of facts by the concerned officers of the State Government about the complaint received, remedial action for its redressal shall be completed within 30 days from receipt of the complaint. 8. The complainant shall be informed in writing or through or telephonically about the manner in which grievance has been redressed. Chapter III District Grievance Redressal Officer 9. The State Government shall appoint or designate, for each district, an officer named as the District Grievance Redressal Officer under Section 15 of the Act. 10. The State Government shall immediately after constitution of State Food Commission and appointment or designation of District Grievance Redressal Officers shall. (a) Give wide publicity through newspaper and other means about District Grievance Redressal Officers including name, address, telephone number, address, facsimile number and other means of contacting him, in respect of each area for which the District Grievance Redressal Officer has been appointed or designated, and thereafter repeat it at regular intervals; Provided that in case of change of the name of the District Grievance Redressal Officer, his address and telephone number, e- mail address, facsimile number and other means of contacting him, shall be suitably intimated to the public. (b) Display, at its each office of Civil Supplies Department, fair price shops, schools, anganwadis, other public places, website and at the office of the Grievance Redressal Officer and the State Food Commission, the name of the District Grievance Redressal Officers, their addresses and telephone numbers, addresses, facsimile numbers and other means of contacting them whichever is available, in respect of each district for which the District Grievance Redressal Officer has been appointed or designated. 11. Procedure for registering Complaints - (1) Any aggrieved person can file and register his complaint to the District Grievance Redressal Officer in writing or through or by dropping their written grievance in 3

4 grievance boxes, which shall be installed at the office of District Grievance Redressal Officers and Nodal Officer. (2)The complaint boxes shall be opened on every working day to retrieve the complaints and immediate action shall be taken for their redressal. Every complaint found in boxes shall be registered and given unique number by District Grievance Redressal Officers. (3) Complaints shall be filed with specific details and contact information of the complainant. No anonymous complaint shall be entertained. (4) Where a complainant is unable to make a complaint in writing, the District Grievance Redressal Officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing. (5) All complaints received in person shall be acknowledged by a receipt in writing. 12. Procedure for disposal of complaints-(1) For every complaints recived, the District Grievance Redressal Officer shall verify whether there is a primafacie substance in the complaint to proceed in the matter. (2) If the District Grievance Redressal Officer is satisfied, that there is primafacie substance in the complaint, he shall seek explanation in the matter from concerned officer (s) or agency against whom complaint has been made, along with relevant documents. The requisite explanation and documents shall be furnished by the concerned officer (s) or agency against whom complaint has been made, to the District Grievance Redressal Officer, within seven days from the date of seeking explaination (3) Based on the explanation of concerned officer (s) or agency against whom complaint has been made, and the available documents, if the District Grievance Redressal Officer is satisfied about the veracity of the grievance, he shall issue necessary order for its redressal within thirty days from the date of receipts of the complaint. District Grievance Redressal Officer shall dismiss the complaint, in case no merit is found. (4) If the District Grievance Redessal Officer feels that the matter needs to be further examined, he may: (i) get the matter enquired by a suitable Officer of the state Government at District level and decide on the basis of report so received within 15 days from the date of receipt of the complaint, or (ii)if considered necessary, give an opportunity to the complainant and officer/person/agency concerned with the complaint, to present their 4

5 case on a fixed date and after having heard them and taking into consideration the eve. idences submitted, decide the matter in 15 days from the date of receipt of the complaint. Provided that if, on the date of hearing fixed by the District Grievance Redressal Officer, the complainant is absent, he may proceed ex-party. The decision shall be comminuted to the complainant. 13. Powers of District Grievance Redressal Officer- the District Grievance Redressal Officer, while enquiring into complaints, shall have powers.- (a) to hear complaints regarding non distribution of entitled food grains of meals and matters relation to, and take necessary action for their redressal in such manner and within prescribed time. (b) to produce before, and allow to be examined such books, accounts, documents or any other material in custody or under control of the persons so required as may be specified in the requisition. (c) to furnish such information as may be required. 14. Monitoring the disposal of complaints- Disposal of complaints shall be monitored by the Secretary/Principal Secretary in charge of Civil Supplies Department of the State Government, on monthly basis. 15. Appeal- Complainant or the officer or authority against whom any order has been passed by the District Grievance Redressal Officer, who if not satisfied with the order, may file an appeal against such order before the State Food Commission, within thirty days from the date of the issuance of the order. 16. Periodical Report- A monthly report on complaints received and disposed off by the DGRO shall be sent to the State Government by 15th day of the succeeding month. State Government shall send a quarterly consolidated report for the State as a whole to the Ministry of Consumer Affairs Food and Public Distribution, Government of India, by the end of the succeeding month. 5

6 Chapter IV State Food Commission 17. Method of appointment of Chairperson and other Members of the State Food Commission - (1) if the State Government thinks proper may appoint The Chairperson, other Members of the State Food Commission on the basis of recommendation of the Selection Committee, for which the applications shall be invited by the Department of Food & Civil Supplies of the State Government. (2) The Selection Committee shall be constituted by the Government, from time to time, consisting of - (a)the Chief Secretary, Rajasthan - Chairman; (b)the Principal Secretary Department of law Member; (c) The Principal Secretary to the Government, Food & Civil Supplies Department- Member-Secretary (3) The Selection Committee having regards to the provisions contained in subsections (2) to (4) Of section 16 of the Act shall recommend, within three month from the date of its constitution, suitable names at least three times, for appointment as chairperson, Members, of the State Food Commission on the vacancy to be notified by the Government. (4) The Selection Committee shall forward its recommendations to the Government for the suitable names, for appointment of Chairperson and other Members, prepared by it with exhaustive brief of candidates recommended including the requisite qualification, eligibility criteria and other relevant material of each person. (5) The Member Secretary of the State Food Commission shall be an officer from Food & Civil Supplies Department not below the rank of Deputy Secretary as notified by the Government. 18.Terms and Conditions of appointment of Chairperson and other Members of the State Food Commission. - (1) The Chairperson or a Member may, by writing under his hand addressed to the State Government, resign from the office of the Chairperson or, as the case may be, Member at any time. 6

7 (2) An officer who has been selected for appointment as Member-Secretary under sub- rule (1) of rule 3, of section 16 of the Act, shall hold such office on deputation. (3) The Government may remove a person from the office of the Chairperson or a Member referred to in the sub-rule (1), if that person - (a) is, or at any time has been, adjudged as an insolvent; or (b) Has become physically or mentally incapable of acting as a member; or (c) Has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or (d) Has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) Has so abused his position as to render his/her continuation in office detrimental to the public interest: Provided that, no Chairperson or Member shall be removed from the office Under clause (d) or clause (e) of sub-section above unless he has been given a reasonable opportunity of being heard in the matter. 19. Salaries, Allowances and other conditions of service. (1) The salaries and allowances payable to and other conditions of service of, (a) the Chairperson shall be the same as that of the Principal Secretary to the Government; and (b) the Members shall be the same as that of the lowest scale (fixed) for the Secretary to the State Government; and Provide that no person shall hold office as the chairperson or other member after he has attained the age of 65 years. Provided that if the Chairperson or the Member attains the age of superannuation as per provisions applicable to their service they shall stand retired from that service on due dete and for the remaining period of service as Chairperson or Member they shall be allowed salary as admissible to the re-employed Chairpersons and Member. Provided further that if the Chairperson or a Member, at the time of his appointment is, in receipt of a pension, other than a disability pension, in respect of any previous service under the Government of India or under any 7

8 State Government, his salary in respect of the service as the Chairperson or Member shall be reduced by the amount of that pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity. (c) Re-employed Chairpersons and Member shall be entitled to DA and HRA if admissible, on the net pay. In such cases CCA will not be admissible. (d) Re-employed Chairpersons and Member shall be entitled to privilege Leave of 30 days in a calendar year and proportion for the part of the year on the basis of completed days per month and half pay leave of 20 days in respect of each completed year of service except the following:- 1. Encashment of balance of PL during the period of re-employment. 2. Encashment of balance of PL on expiry of re-employment. 3. Medical Leave during the period of re-employment. (e)re-employed Chairpersons and Member shall be entitled to following facilities on net pay:- 1. Telephone Facility allowed to officers of equivalent rank. 2. Transport Facility as per eligibility and entitlement. 3. Medical Facility-only in cases where Medical facility to retired employee is not available under Rajasthan Pensioners Medical Scheme/under CGHS. 4. Travelling Allowance. 5. Residential Accommodation. (2) The salaries, allowances and other conditions of service of the Chairperson or Member shall not be varied to their disadvantage after the appointment. (3) The Chairperson and other Members shall not be entitled to any pension for their service rendered in the State Food Commission. (4) Member Secretary of the State Food Commission shall be of the rank of Joint Secretary / Deputy Commissioner of the Food Department and his terms and condition of service shall be regulated by the rules applicable to his service. 20. Powers of the State Food Commission. The State Food Commission shall have the following powers, namely:- (a) awareness building about benefits and entitlements under the Act and define measures for redressal of grievance; 8

9 (b) appoint, in consultation with the Government, consultants and technical Staff to assist the State Food Commission; (c) lay down procedure for day-to-day functioning consultation with State Government. (d) Issue notices to the parties. (e) To take all measures necessary for the effectivity of the Commission. 21. Headquarters of State Food Commission. (1) The headquarters of the State Food Commission shall be at Jaipur. (2)The working days, office hours of the State Food Commission shall be the same as that of the State Government. (3)The official seal and emblem of the State Food Commission shall be such as the Government may specify 22. Procedure for meeting. (1) The State Food Commission shall meet once in every month in its office at Jaipur at such time as the Chairperson thinks fit. (2) The quorum for the meeting of the State Food Commission shall be four. (3) The Member Secretary, along with such officers as the Chairperson may direct, shall assist in holding the meeting of the State Food Commission. (4) The Member Secretary shall, in consultation with the Chairperson, prepare the agenda for each meeting of the State Food Commission. 23. Duties of the Member Secretary. The Member-Secretary shall, in addition to functions as provided in the Act and rules and in accordance with the direction of the Chairperson, have the following duties, namely:- (a) Execute all decisions taken by the State Food Commission in exercise of its powers and functions of the State Food Commission; (b) Exercise and discharge such powers and perform such duties as may be required for the proper administration of the affairs of the State Food Commission and its day to day management; 9

10 (c) Convene the meetings of the State Food Commission in consultation with its Chairperson and cause service of notices of the meetings to all concerned; (d) Prepare, in consultation with the Chairperson, the agenda for each meeting of the State Food Commission and have notes prepared, which shall be selfcontained; (e) Make available records covering the agenda items to the State Food Commission for reference; (f) Ensure that the agenda papers are circulated to the members at least three clear working days in advance of the meeting, except in cases when urgent attention is required; (g) prepare the minutes of the meetings of the State Food Commission and shall execute the decisions of the State Food Commission taken in the meeting and shall also ensure placing of the Action Taken Note of the decisions of the State Food Commission before the State Food Commission in its subsequent meetings; (h) take up all such matters with the Government for release of grants, creation of posts, revision of scales, procurement of vehicles, appointment of staff, laying of annual and audit report in Assembly, re-appropriation of funds, residential accommodation and any other matter requiring the approval of the State Government; (i) Exercise such financial powers as may be delegated to him by the Chairperson on behalf of the State Food Commission; (j) Shall be the appointing and disciplinary authority in respect of officers and other employees of the State Food Commission. 24. Procedure for registering complaints and apeals. (1) Complaint regarding violation of entitlements under the Act shall be presented by the complainant to the Commission in person or by registered post or by any electronic mode, addressed to the Member-Secretary of the Commission. (2) Any person aggrieved by a decision of the District Grievance Redressal Officer (DGRO) may file a Memorandum of Appeal with the State Food Commission within thirty days of such decision. 10

11 (3) When the Memorandum of Appeal is presented after thirty days, such Memorandum of appeal shall be accompanied by an application supported by an affidavit setting forth the fact on which the Appellant relies to satisfy the State Food Commission that he has sufficient cause for not presenting the appeal within the period of limitation. (4) Any Memorandum of Appeal so filed with the State Food Commission must be heard and disposed of within a period of sixty days of the filing of such appeals. (5) The Memorandum of Appeal shall be filed in triplicate and accompanied by a true copy of the orders of the DGRO appealed against and such other documents as may be required to support ground of objections mentioned in the Memorandum of Appeal. (6) While hearing the appeal, the commission shall consider the grounds of appeal and shall decide the case accordingly with majority. (7) 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 charge. (8) the citing of the commission shall be three days in a week. 25. Financial powers of the State Food Commission. (1) The State Food Commission shall be responsible for expenditure for the funds received by it for the purposes of the implementation of the Act, (2) The Chairperson shall have all powers relating to financial transaction of the State Food Commission, except in cases which require prior approval of the Government. (3)The Chairperson shall obtain prior approval of the Government in the matters of creation of posts, revision of pay scales, procurement of vehicles, re-appropriation of funds from one head to another, permitting any officer of the State Food Commission to participate in seminars, conferences or training programme abroad and such other matters as may be determined by the State Government, by order. (4) The Chairperson shall, subject to such conditions and limitations, control and supervision, have powers to delegate his financial powers to the Member-Secretary of the State Food Commission who shall not be blow the rank of joint secretary/ Dupty commissioner of food department 11

12 (5) The Chairperson with the prior approval of the Government shall have powers to engage any person or persons as consultant or consultants for a specific purpose and for a specific period on the terms and conditions agreed in advance with that person relating to honorarium, traveling allowance and dearness allowance. (6) All financial powers of the State Food Commission shall be governed by delegation of financial powers, rules and circulars, orders, instructions as may be issued by the Finance Department of the Government from time to time in this behalf. 26. Maintenance of records: Commission shall maintain all the records, including the appeals and records related to their disposal. By order of the Governor Deputy Secretary to Government Food Department 12