
 State of Himachal Pradesh - Act
---------------------------------
 Himachal Pradesh Food Security Rules, 2019
--------------------------------------------
 HIMACHAL PRADESH
   
 India
 
 Himachal Pradesh Food Security Rules, 2019
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 Rule HIMACHAL-PRADESH-FOOD-SECURITY-RULES-2019 of 2019
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* Published on 22 August 2019
* Commenced on 22 August 2019
 Himachal Pradesh Food Security Rules, 2019
 
 Published vide Notification No. FDS-A (3) -4/2017, dated 22.8.2019
 
 Last Updated 4th September, 2019
 
 No. FDS-A (3) -4/2017. - In exercise of the powers conferred by section 40 of the National Food Security Act, 2013 (Central Act
 No. 20 of 2013 
 ), the Governor of Himachal Pradesh is pleased to make the following rules, namely : -
 
 CHAPTER-I Preliminary
 
### 1. Short title and commencement.
(1) These rules may be called the Himachal Pradesh Food Security Rules, 2019.
 
(2) These rules shall come into force on the date of their publication in the Rajpatra (e- Gazette), Himachal Pradesh.
 
### 2. Definitions.
(1) In these rules, unless the context otherwise requires, -
 
(a) "Act" means the National Food Security Act, 2013 (Central Act
 No. 20 of 2013 
 );
 
(b) "appellant" means a party which makes an appeal against the order of the District Grievance Redressal Officer;
 
(c) "Competent Authority" means the District Controller, Food, Civil Supplies and Consumer Affairs (Specified Authority) in case of a Fair Price Shop Owner and the Principal Secretary or the Secretary or the Director as the case may be, of any of the concerned department of the Government of Himachal Pradesh as per the Service Rules in case of Government officials;
 
(d) "Department" means the Department of Food, Civil Supplies and Consumer Affairs;
 
(e) "District Grievance Redressal Officer" means an officer appointed or designated as such under sub-section (1) of section 15;
 
(f) "State Food Commission" means the Commission to be constituted by the State Government under section 16 of the Act;
 
(g) "State Government" means the Government of Himachal Pradesh; and
 
(h) "Schedule" means schedule appended to these rules.
 
(2) The words and expressions used in these rules and not defined shall have the same meaning as assigned to them in the Act.
 
 CHAPTER-II Identification of Priority Household
 
### 3. Identification of priority households.
 - Any person who fulfils the eligibility criteria as laid down in Schedule I, shall be identified as priority households under the National Food Security Act:
 
 Provided the total number of priority households in the State shall not exceed the percentage of rural and urban population to be covered under the Act as fixed by the Government of India from time to time.
 
### 4. Procedure for issuance of Ration Card.
 - The department shall issue ration cards only to identified Priority Households and the lists of such priority households shall be made available to the public. The selected beneficiaries shall have to furnish a self undertaking on a "Declaration Form" prescribed under these rules.
 
 CHAPTER-III Internal Grievance Redressal Mechanism
 
### 5. Appointment of Nodal Officers.
 - All the Inspectors, Food, Civil Supplies and Consumer Affairs as the case may be, in the Block, the District Controller, Food, Civil Supplies and Consumer Affairs in the District and the Officer- in- charge of the Food Distribution Branch at Head Office of the department not below the rank of Additional/Joint/Deputy Director shall function as Nodal officer for Internal Grievance Redressal Mechanism.
 
### 6. Functions of Nodal Officer.
 - The Nodal Officer shall monitor all the complaints received in writing or through online electronic Public Distribution System(ePDS)  portal available on the department's website or through the telephonic help line setup in this regard and shall forward the same to the officer concerned for their redressal.
 
### 7. Procedure and time limit for redressal of complaint.
(1) Every complaint received through Nodal Officers, toll free helpline numbers and electronic Public Distribution System(ePDS) portal shall be given a unique complaint number.
 
(2) 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 fifteen days from receipt of the complaint.
 
(3) The complainant shall be informed in writing or through e-mail or telephonically about the manner in which grievance has been redressed.
 
 CHAPTER-IV External Grievance Redressal Mechanism
 
### 8. District Grievance Redressal Officer.
(1) All the Deputy Commissioners or an officer not below the rank of Additional Deputy Commissioner shall function as ex-officio District Grievance Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter II, and to enforce the entitlements under the Act.
 
(2) The address, telephone numbers, e-mail addresses, facsimile numbers and other means of contacting the District Grievance Redressal Officer, in respect of each District shall be displayed at each office of the department in the District, fair price shops, schools, anganwadi kendras, other public places, websites and at the offices of the District Grievance Redress Officer.
 
(3) 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.
 
### 9. Procedure for registering complaints.
(1) Any aggrieved person can file and register his complaint with the District Grievance Redressal Officer in writing or through e-mail or by dropping their written grievance in grievance boxes, which shall be installed at the office of District Grievance Redressal Officers, select fair price shops and other public places such as schools, anganwadi kendra's etc.
 
(2) The complaint boxes shall be opened at least once in three days to retrieve the complaints and immediate action shall be taken for their redressal.
 
(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 shall be acknowledged by a receipt in writing or through electronic means, within one day of receipt of the complaint, specifying date and unique grievance number.
 
### 10. Procedure for disposal of complaints.
(1) For every complaint received, the District Grievance Redressal Officer shall verify whether there is a prima-facie substance in the complaint to proceed in the matter.
 
(2) If the District Grievance Redressal Officer is satisfied, that there is prima-facie substance in the complaint, he shall seek explanation in the matter from concerned officer(s) or agency against whom complaint has been made, alongwith 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 fifteen days of the receipt of notice.
 
(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 receipt of the complaint. District Grievance Redressal Officer shall dismiss the complaint, in case no merit is found.
 
(4) In the case of genuine grounds for disagreement between the parties on the claims made in the complaint, the District Grievance Redressal Officer shall issue notices to all parties in the matter about fixing date, time and place for the hearing. The officer may also, at the request of the parties or suo moto, adjourn the proceedings to some other date with or without cost.
 
(5) On the date fixed for hearing, the District Grievance Redressal Officer shall hear the parties and take such evidence as may be given by them. After hearing all the parties and taking into consideration the evidence during the hearing, the officer shall pass suitable order within forty-five days from the date of receipt of complaint:
 
 Provided that if, on the date of hearing fixed by the District Grievance Redressal Officer, the complainant is absent, he may dismiss the complaint. However, if, on the date fixed by him the defending party is absent, he may proceed to hear the matter ex-parte and decide accordingly.
 
(6) The complainant shall be informed of the decision on his complaint in writing or through electronic mode, with a system for confirmation of its receipt by complainant.
 
(7) If the District Grievance Redressal Officer is of the opinion that the disposal of the complaints requires more limitation than prescribed under clauses (3) and (5) above, the complainant shall be sent an interim reply citing the reasons for delay.
 
### 11. Powers of District Grievance Redressal Officer.
(1) The District Grievance Redressal Officers, while enquiring into complaints, shall have powers to require any person, -
 
(a) 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.
 
(b) to furnish such information, as may be required.
 
(2) While deciding a complaint, the District Grievance Redressal Officer can recommend the action to be taken by the Competent Authority against the fair price shop owner or the employee of the Department concerned, if found to be responsible, according to the provisions of these rules.
 
### 12. Monitoring the disposal of complaints.
 - Disposal of complaints shall be monitored by the Secretary incharge of the Department of the State Government, at least once in a month.
 
### 13. Monthly Report.
 - A monthly report on complaints received and disposed off by the District Grievance Redressal Officer shall be sent by the District Grievance Redressal Officer to State Government by 15th day of the succeeding month. State Government shall send a monthly 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.
 
 Chapter-V State Food Commission
 
### 14. Method of Appointment.
(1) For appointment of Chairperson and members of the State Food Commission, the applications shall be invited through a public notice in newspapers/website of the Department.
 
(2) A Screening Committee shall shortlist the available candidates for appointment as Chairperson and members of the State Food Commission. The said screening committee shall consist of the following: -
 
|  |  |  |
| --- | --- | --- |
| 
 (a)  Chief Secretary to the Government of
 
 Himachal Pradesh.
  | 
 . .
  | 
 Chairman;
  |
| 
 (b)  Secretary (Personnel) to the Government of
 
 Himachal Pradesh.
  | 
 . .
  | 
 Member
  |
| 
 (c)  Secretary (FCS&CA) to the Government of
 
 Himachal Pradesh.
  | 
 . .
  | 
 Member
  |
(3) The list of candidates shortlisted by the committee shall be submitted to the State Government for consideration/final decision regarding appointment of the Chairperson and members.
 
(4) The Chairperson and any member may, -
 
(a) by writing under his hand and addressed to the State Government resign from his office any time;
 
(b) be removed from office in accordance with provisions of sub-section 9 of section 16 of the Act;
 
(c) every vacancy caused by resignation or removal of the Chairperson or any other member of the State Commission shall be filled by fresh appointment;
 
(d) where any vacancy occurs in the office of the Chairperson of the State Commission, the senior most member (in order of appointment), holding office for the time being, shall discharge the functions of the Chairperson until a person appointed to fill such vacancy assumes the office of the Chairperson of the State Commission; and
 
(e) where the Chairperson of the State Commission is unable to discharge the functions owing to absence, illness or for any other cause, the senior most member (in order of the appointment) of the State Commission shall discharge the functions of the Chairperson until the day on which the Chairperson resumes the charge of his post.
 
(5) Before appointment, the Chairperson and member of the State Commission shall have to give an undertaking that he/she does not and will not have any such financial or other interests as is likely to affect prejudicially his/her functions as such.
 
(6) Chairperson of the State Food Commission, shall be appointed on whole time basis with fixed honorarium of Rs. 90,000/- (Rupees ninety thousands) only per month plus allowances and non-official members will be paid sitting fee @ Rs. 3000/- (Rupees three thousands) only per sitting.
 
### 15. Place of Sitting and other matters relating to State Commission.
(1) The office of the State Commission shall be located at Shimla.
 
(2) The working days and the office hours of the State Commission shall be the same as that of State Government.
 
(3) Sittings of the State Commission, as and when necessary, shall be convened by the Chairperson.
 
### 16. Appeal.
 - Any complainant or the officer or authority against whom any order has been passed by the District Grievance Redressal Officer, who is not satisfied with the redressal of grievance, may file an appeal against such order before the State Food Commission, within thirty days from the date of receipt of the order by the District Grievance Redressal Officer.
 
### 17. Procedure for hearing appeals.
(1) The memorandum of appeal shall be presented by the appellant or his authorized agent to the State Commission in person or sent by registered post addressed to the State Commission.
 
(2) Each memorandum of appeal shall be accompanied by the certified copy of the order of the District Grievance Redressal Officer appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.
 
(3) When the appeal is presented after expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the fact on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
 
(4) On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the parties or their authorized agents to appear before the State Commission. If appellant or his authorized agent fails to appear on such date, the State Commission may, in its discretion, either dismiss the appeal or decide it on the merit of the case. If respondent or his authorized agents fails to appear on such date, the State Commission shall proceed ex-parte and shall decide the appeal ex-parte on the merits of the case.
 
(5) The appellant shall not, except by leave of the State Commission urge or be heard in support of any ground of objection not set forth in the memorandum but the State
 
 Commission, in deciding the appeal, shall not confine to the grounds of objection set forth in the memorandum or taken by the leave of the State Commission under this rule:
 
 Provided that the commission shall not rest its decision on any other ground unless the party who may be affected thereby, has been given, at least one opportunity of being heard by the State Commission.
 
### 18. Maintenance of records.
 - Commission shall maintain all the records, including the appeals and records related to their disposal.
 
### 19. Stamps and Logo.
 - The stamps and logo of the State Food Commission shall be as specified by the State Government.
 
### 20. Amicus Curiae.
 - The State Food Commission can appoint Amicus Curiae in order to ensure transparency and objectivity.
 
### 21. Appointment of Staff of the State Food Commission.
 - The State Food Commission, being an autonomous body, shall appoint on contract or outsource (as prescribed by the State Government), such administrative and technical staff, as may be necessary, to assist the State Food Commission for proper discharge of its function. The salaries and other allowances of such staff of the State Food Commission shall be as determined by the State Government from time to time.
 
### 22. Review and Monitoring.
 - For review and monitoring of implementation of the Act, the Commission shall hold regular meetings with the officers of the Department of the State, other concerned agencies of the State Government, reputed Non-Government Organizations and members of the civil society, and give its advice to the State Government for effective implementation of the Act.
 
 CHAPTER-VI Social Audit
 
### 23. Records relating to Targeted Public Distribution System.
 - All the lists regarding eligible beneficiaries and the allocation of food grains in the State shall be regularly updated by the State Government on its website.
 
### 24. Composition of Vigilance Committees.
(1) The composition of the vigilance Committee at the State, District, Block and fair price shop levels shall be as per Schedule-II.
 
(2) The composition of such Vigilance Committees shall be such as may be notified and/ or as amended by the State Government in the Rajpatra (e-Gazette), Himachal Pradesh.
 
### 25. Conduct of social audit on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes.
(1) The State Government shall authorize the Sub-Divisional Magistrates to engage all field functionaries not below the rank of Tehsildar under his disposal or any independent body to perform the work facilitation in the conduct of periodic social audits, as prescribed, on the functioning of fair price shops, Targeted Public Distribution System and Other Welfare Schemes (OWS).
 
(2) A simple format/questionnaires shall be devised which will be provided to all participants of the concerned Gram Sabha/Ward Sabha, as the case may be, so that people can opine their views.
 
(3) The respective field functionary shall collect duly filled up format/questionnaires from all the participants of the concerned Gram Sabha.
 
(4) On the basis of all such filled up format/questionnaires, the respective field functionaries shall prepare and submit a consolidated Action Taken Report (ATR) to the Sub- Divisional Magistrate indicating special measure to be taken for betterment of functioning of Fair Price Shops, Targeted Public Distribution System and other welfare schemes, if any.
 
(5) Sub-Divisional Magistrate, so authorized in this behalf, may also take recourse of any other manner to conduct social audit in respect of particular fair price shops when organizing Gram Sabha could not be possible. For example, in pursuance of sub-rule (2) above, format/questionnaires, as may be devised, may be circulated among a minimum, say 30% of the Card Holders of a particular fair price shop for audit of performance. In this regard, the dealer of fair price shop/Licensee shall not be engaged in circulation/collection of format/questionnaires.
 
(6) The Sub-Divisional Magistrate shall take every necessary action within his competence accordingly and refer all such action taken reports to the State Government for taking necessary action, if taking such actions is beyond his competence.
 
(7) The fair price shop Level Vigilance Committees will conduct the social audit of fair price shops of record relating to allotment, storage and distribution of ration commodities to consumers under Targeted Public Distribution System.
 
(8) The fair price shop Level Vigilance Committee will forward its detailed social audit report to the concerned Block Level Vigilance Committee immediately after the audit on quarterly basis.
 
(9) The Block Level Vigilance Committee will examine and forward the report to the District Level Vigilance Committee with its findings/recommendations.
 
(10) The District Level Vigilance Committee after compilation the social audit reports of all the fair price shops in district, will forward the same to the Directorate, Food, Civil Supplies and Consumer Affairs for scrutiny and necessary action.
 
(11) The final social audit report of each fair price shop will finally be displayed on the Targeted Public Distribution Portal on a prescribed format for the information of general public.
 
(12) Parameters for conducting social audit by Vigilance Committees: -
 
(a) updated list of eligible households registered with fair price shop for ration under National Food Security Act, 2013;
 
(b) timely availability of stocks and distribution of the same by the fair price shop;
 
(c) distribution of foodgrains to the eligible households as per their entitlement and prices specified under the National Food Security Act, 2013 and as per instructions of the State Government;
 
(d) regular, timely opening and closing of fair price shop;
 
(e) awareness about Grievance Redressal Mechanism and their effectiveness in redressal of grievances of beneficiaries; and
 
(f) use of technology in beneficiaries authentication and proper targeting.
 
### 26. Manner of disclosure of records related to Targeted Public Distribution System.
(1) A list of fair price shop owners alongwith their licensing credential shall be uploaded on the State "electronic Public Distribution System (e-PDS) Portal".
 
(2) Criteria and methodology for identification of Priority Households and issuance of ration cards to them will be notified on portal.
 
(3) Criteria and methodology for identification of Priority Households as well as their entitlements shall be prominently displayed/circulated/uploaded for information of general awareness.
 
(4) The Sub-Divisional Magistrate, shall, at their respective jurisdiction provide information to Panchayati Raj Institutions/Urban Local Bodies regarding availability, movement and quality of foodgrains etc. under Targeted Public Distribution System.
 
(5) The Demi Official issuing authorities shall endorse copies of orders allocating foodgrains to all fair price shop level Vigilance Committees or inform electronically under electronic Public Distribution System scheme or otherwise as decided or feasible from time to time.
 
(6) Detailed information about the Vigilance Committees such as their constitution, functions and powers shall be displayed on the electronic Public Distribution System (e- PDS) portal.
 
(7) Any Citizen/Ration Card Holder shall have the right to scrutinize the records/ certified copies relating to Targeted Public Distribution System in line with the Right to Information Act. Access shall be allowed to Citizens if exemption is not applicable.
 
(8) The Citizens Charter shall be displayed at all offices where Ration Card related work is done.
 
(9) Each fair price shop shall display all relevant information such as each beneficiary's entitlement of various essential commodities, issue prices, name of fair price shop owner/authorization number, timings of opening and closing of fair price shop and weekly closing day, stock position, timing for inspection by citizens, sample of foodgrains, procedure for lodging complaints with reference to quality and quantity of ration commodities and other problems being faced by Targeted Pubic Distribution System beneficiaries, detailed lists of Priority Households under its jurisdiction etc. at a conspicuous place at the fair price shop.
 
(10) Any consumer or local resident attached to the fair price shop shall be entitled to inspect the Stock Register, Ration Card Register, other records and stocks available at the fair price shops at the pre-appointed date/time.
 
### 27. Utilization of Institutional mechanism for other purposes.
 - The State Government shall utilize the services of District Grievance Redressal Officers and State Food Commission in the matter of proper implementation of other schemes and programme of the Central Government or the State Government as may be notified by the State Government.
 
### 28. Removal of doubts.
 - If any doubt arises with regard to the interpretation of any provisions of these rules, it shall be referred to the Food, Civil Supplies and Consumer Affairs Department, Government of Himachal Pradesh, whose decision shall be binding.
 
 I
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 [Rule-3]
 
 Eligibility Criteria For Identification of Priority Household Under National Food Security Act, 2013
 
 The Guidelines for identification of eligible Households for the purpose of section 10 (1)  (b). - The State Government shall frame and publish via notification, guidelines for identification of households falling in the 'Priority Category' under the Targeted Public Distribution System for the entitlements under section 3 (1), as per following procedure: -
 
 A. Following categories of persons shall be automatically included in the list of eligible households:
 
### 1. All families identified as the Antyodaya Anna Yojana (AAY)  beneficiaries in the State as per the updated lists approved during the Gram Sabha meetings. ###
 2. All families identified as Below Poverty Line households (BPL)  and Additional households for subsidized rations at BPL rates are not already covered under the Antyodaya Anna Yojana (AAY) schemes as per the updated lists approved by the respective Gram Panchayats during the Gram Sabha meetings.
### 3. Households with any member receiving pensions from Department of Social Justice and Empowerment like Old Age Pension, Widow Pension, Disabled Pension, Lepers Pension. ###
 4. Households with a beneficiary under Annapurna Anna Yojna Scheme.
### 5. All Tibetans or refugee who are verified by Tibetan Settlement Officer. "in case of a situation, where a households name figures in more than one category, the name of the household shall be considered once."
 
 B. Inclusion/ Exclusion criteria for left out households. - The maximum number of households, which can be included in the list of eligible household in each Gram Panchayat and Urban body, shall be limited to maximum 56.23% for rural areas and 30.99% for urban areas. Based on the number of households, each Local body (Gram Panchayat/ Urban body) shall calculate the number of households, which are to be covered in the eligible household category. In case, in a local body, some households are to be identified for eligible household category even after automatic inclusion of families as per the criteria specified in Para-A above, the balance household are to be identified using the following criteria: -
 
### 1. Inclusion criteria. - The households in a Local body shall be included in the list of following order of priority: - (i) Aikal Naris
 
 (ii) Orphans, abandoned children and those residing in Ashrams
 
 (iii) Household headed by a widow
 
 (iv) Household with any member having more than 60% disability duly certified by Medical Board.
 
 (v) Households headed by terminally ill person
 
 (vi) Households headed by person of sixty years of age or more with no assured means of subsistence or social support.
 
 (vii) Households headed a person registered as constructions worker under the provision of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
 
 (viii) Households who have completed 50 Mandays of work under Mahatma Gandhi National Rural Employment Act in the year before.
 
 (ix) Person with any kind of disability
 
 (x) Household of patients of Leprosy, Human Immunodeficiency Virus (HIV) and Cancer
 
 (xi) Household of War Widows and families of Freedom Fighters
 
 (xii) All inmates, who are living in Asharams (Vridhasharam and Bal Ashram etc.), Nari Niketans, Hostels for orphans/destitute, Tibetan Children Village Schools (Viz. at Dharamshala Cantt., Lower Dharamshala, Suja/Bir Mandi and Chauntra in Mandi) but are not being provided any assistance in cash or kind for their food security by State/Central Government.
 
 In addition to these, additional upto 10% of the population not covered so far under National Food Security Act as per criteria of 56.23% for rural and 30.99% for urban areas in each Gram Panchayat/Urban Body may be selected as beneficiaries by giving priority to the poorest out of the left out/un-covered persons subject to the following conditions : -
 
 (i) Should not belong to household having more than 5 Hectares of non-irrigated land or 2 Hectare of irrigated land.
 
 (ii) Should not belong to a household having average monthly income of more than Rs. 12,000/per month.
 
 The condition of barring Below Poverty Line Household having Pucca Urban Type Big House shall not be applicable for selection of household under act for this additional upto 10% population.
 
### 2. Exclusion Criteria. - Following households shall be automatically excluded from being eligible households: - (i) All the households whose any member is a regular or a contractual employee in any State or Central Government, Boards, Corporations, Autonomous Bodies, Government Sector Undertaking and local bodies shall be excluded.
 
 (ii) Any household which is an Income Tax payee household, shall be excluded from the list of priority households.
 
 (iii) All the households whose member is a registered contractor shall be excluded.
 
 (iv) Any household whose any member is drawing pension from any State or Central Government, Board, Corporations, Autonomous Bodies, Banks, Government Sector Undertaking and Local bodies.
 
 In case households falls both in inclusion criteria and exclusion criteria, the exclusion criteria shall prevail and sub household shall not be considered for inclusion in the list of eligible household.
 
 C. Process of selection of households:
 
### 1. The selection of the left out households shall be done by respective Gram Panchayats through their Gram Sabhas in case of rural areas and by Municipal Corporation/Committee/Nagar Panchayat in case of urban areas. ###
 2. For this purpose a special day shall be fixed for holding meeting after approval of the Rural/Urban development department.
### 3. Every Gram Sabha/Urban Body shall at the start of the meeting inform the number of left out households, which are to be, identified as eligible households. ###
 4. The Gram Sabhas/Urban Bodies shall thereafter start including the households in order of priority keeping in view the exclusion criteria till the desired number is arrived at.
### 5. After identification, the list of identified eligible Households (Antyodaya Anna Yojana and Priority) shall be displayed by the concerned Gram Panchayat/Urban Body on their notice board/website. ###
 6. Any person aggrieved by the decision of the Gram Sabha/Urban Body can file an appeal with the concerned Sub- Divisional Officer (Civil)  within a period of 15 days from the date of the meeting of the Gram Sabha /Urban Body where after no appeal shall lie. The Sub-Divisional Officer may based on the merits of the case order for inclusion/exclusion of any family in the eligible household and the list of eligible households shall be modified accordingly by the concerned Panchayat Secretary/ Executive Officer of the urban body.
### 7. The process of selection by the local bodies shall be completed within one month of the notification of these guidelines. ###
 8. The final list of eligible households shall be made available in the respective fair price shop.

 II
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 [Rule 24 (1) ]
 
 Composition of Vigilance Committee's
 
### 1. State Level Vigilance Committee: |  |  |  |
| --- | --- | --- |
| 
 Sl. No.
  | 
 Name
  | 
 Designation
  |
| 
 1.
  | 
 Minister, Food, Civil Supplies and Consumer
 
 Affairs, Himachal Pradesh.
  | 
 Chairman
  |
| 
 2.
  | 
 Secretary, Food, Civil Supplies and Consumer
 
 Affairs, Himachal Pradesh.
  | 
 Member
  |
| 
 3.
  | 
 Secretary (Health)  to the Government of Himachal
 
 Pradesh.
  | 
 Member
  |
| 
 4.
  | 
 Secretary (Education)  to the Government of
 
 Himachal Pradesh.
  | 
 Member
  |
| 
 5.
  | 
 Secretary (Panchayati Raj) to the Government of
 
 Himachal Pradesh.
  | 
 Member
  |
| 
 6.
  | 
 Secretary (Social Justice and Empowerment) to
 
 the Government of Himachal Pradesh.
  | 
 Member
  |
| 
 7.
  | 
 Registrar, Co-operative Societies, Himachal
 
 Pradesh
  | 
 Member
  |
| 
 8.
  | 
 The Managing Director, Himachal Pradesh State
 
 Civil Supplies Corporation Ltd., Himachal Pradesh.
  | 
 Member
  |
| 
 9.
  | 
 The Director, Food, Civil Supplies and Consumer
 
 Affairs, Himachal Pradesh.
  | 
 Member-Secretary and
  |
| 
 10.
  | 
 Other non-official members (not more than
 
 seventeen) to be nominated by Government from time to time by
 
 giving due representation to the local authorities, the Scheduled
 
 Castes, the Scheduled Tribes, women and destitute persons or
 
 persons with disability.
  |
 The State Level Vigilance Committee shall perform the following functions : -
 
 (1) Regularly supervise the implementation of all schemes under National Food Security Act, 2013.
 
 (2) Take all necessary steps to ensure the effective implementation of the Act.
 
 (3) Recommend the Central Government any improvements for furtherance of the objectives of the Act.
 
 (4) The Committee shall meet at least once in a quarter.
 
### 2. District Level Vigilance Committee: |  |  |  |
| --- | --- | --- |
| 
 Sl. No.
  | 
 Name
  | 
 Designation
  |
| 
 1.
  | 
 Minister to be nominated by Chief Minister
  | 
 Chairman
  |
| 
 2.
  | 
 All the Members of Legislative Assembly from the
 
 District and concerned Deputy Commissioner.
  | 
 Member
  |
| 
 3.
  | 
 Chairman, Zila Parishad
  | 
 Member
  |
| 
 4.
  | 
 The Chief Medical Officer of the District
  | 
 Member
  |
| 
 5.
  | 
 The Principal of Government Medical College in
 
 the District (If any).
  | 
 Member
  |
| 
 6.
  | 
 The District Programme Officer, Integrated Child
 
 Development Services.
  | 
 Member
  |
| 
 7.
  | 
 The Deputy Director, Elementary Education
  | 
 Member
  |
| 
 8.
  | 
 The District Public Relations Officer of the
 
 District
  | 
 Member
  |
| 
 9.
  | 
 The Project Officer, District Rural Development
 
 Agency.
  | 
 Member
  |
| 
 10.
  | 
 The Assistant Registrar, Co-operative Society
  | 
 Member
  |
| 
 11.
  | 
 The Area Manager, H.P. State Civil Supplies
 
 Corporation Ltd.
  | 
 Member
  |
| 
 12.
  | 
 The Distt. Controller, Food Civil Supplies and
 
 Consumer Affairs.
  | 
 Member-Secretary and
  |
| 
 13.
  | 
 Three non-official members to be nominated by
 
 the State Government by giving due representation to the local
 
 authorities, the Scheduled Castes, the Scheduled Tribes, women
 
 and destitute person or persons with disability.
  |
 The District Level Vigilance Committee shall perform the following functions: -
 
 (1) Regularly supervise the implementation of all schemes under National Food Security Act, 2013.
 
 (2) Inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act.
 
 (3) Inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it.
 
 (4) The Committee shall meet at least once in a quarter.
 
### 3. Block Level Vigilance Committee: |  |  |  |
| --- | --- | --- |
| 
 Sl. No.
  | 
 Name
  | 
 Designation
  |
| 
 1.
  | 
 The Sub-Divisional Officer of the Block
  | 
 Chairman;
  |
| 
 2.
  | 
 The Chairperson, Block Samiti
  | 
 Member;
  |
| 
 3.
  | 
 The Block Development Officer of the Block
  | 
 Member;
  |
| 
 4.
  | 
 The Inspector, Co-operative Societies
  | 
 Member;
  |
| 
 5.
  | 
 The Sale Depot Incharge of Himachal Pradesh
 
 State Civil Supplies Corporation.
  | 
 Member;
  |
| 
 6.
  | 
 The Inspector, Food, Civil Supplies and Consumer
 
 Affairs of the Block.
  | 
 Member-Secretary and
  |
| 
 7.
  | 
 Five members to be nominated by the State
 
 Government from amongst the local authority, the Scheduled
 
 Castes, Scheduled Tribes, Women and destitute person or persons
 
 with disability.
  |
 The Block Level Vigilance Committee shall perform the following functions: -
 
 (1) Supervise the implementation of all schemes under National Food Security Act, 2013.
 
 (2) Inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act.
 
 (3) Inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds or pilferage of subsidized ration which comes to its notice.
 
 (4) The Committee shall meet at least once in a quarter.
 
### 4. Fair Price Shop Level Vigilance Committee in Rural Areas: |  |  |  |
| --- | --- | --- |
| 
 Sl. No.
  | 
 Name
  | 
 Designation
  |
| 
 1.
  | 
 The Pradhan, Gram Panchayat
  | 
 Chairman;
  |
| 
 2.
  | 
 The Vice Pradhan, Gram Panchayat
  | 
 Member;
  |
| 
 3.
  | 
 All members of Gram Panchayat
  | 
 Member;
  |
| 
 4.
  | 
 The Pradhan of Co-operative Society
  | 
 Member;
  |
| 
 5.
  | 
 The Pradhan of Mahila Mandal
  | 
 Member;
  |
| 
 6.
  | 
 The Pradhan of Yuvak Mandal
  | 
 Member;
  |
| 
 7.
  | 
 The Panchayat Secretary/Sahayak
  | 
 Member-Secretary; and
  |
| 
 8.
  | 
 Three members to be
 
 nominated by the Gram Panchayat Resolution with the following
 
 constitutions:
 
 One Below Poverty
 
 Line from Scheduled Caste Category, One Below
 
 Poverty Line from
 
 Other Backward Classes category and one Below Poverty Line from
 
 General Category:
 
 Provided that at
 
 least one of these shall be a women and destitute person or
 
 persons with disability:
 
 Provided further that in the Tribal Areas, one
 
 Below Poverty Line of Scheduled Tribe Category shall be selected
 
 instead of Scheduled Caste Category.
  |
 In case the Pradhan of the Gram Panchayat is unavailable or is prevented from performing his/her duties as such, the meeting shall be chaired by the concerned eleveted member of Panchayat Samiti. In case, there is more than one Mahila Mandal or Yuvak Mandal in the Gram Panchayat, one of them shall be nominated by a resolution of the Gram Panchayat.
 
 The Fair Price Shop Level Vigilance Committee shall perform the following functions: -
 
 (1) Regularly supervise the implementation of all schemes under National Food Security Act, 2013.
 
 (2) Inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act.
 
 (3) Inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it.
 
 (4) The Committee shall meet at least once in a quarter.
 
### 5. Fair Price Shop Level Vigilance Committee in Urban Area: |  |  |  |
| --- | --- | --- |
| 
 Sl. No.
  | 
 Name
  | 
 Designation
  |
| 
 1.
  | 
 Mayor/Chairperson/President of Local Urban
 
 Bodies
  | 
 Chairman;
  |
| 
 2.
  | 
 Councilor/ Members of Local Bodies
  | 
 Member;
  |
| 
 3.
  | 
 Inspector, Co-operative Society of the Area
  | 
 Member;
  |
| 
 4.
  | 
 Inspector, Food, Civil Supplies and Consumer
 
 Affairs
  | 
 Member-Secretary; and
  |
| 
 5.
  | 
 Five members to be nominated by the State
 
 Government from amongst the local authorities, the Scheduled
 
 Castes, Scheduled Tribes, Women and destitute person or persons
 
 with disability.
  |
 The Fair Price Shop Level Vigilance Committee in Urban Area shall perform the following functions : -
 
 (1) Supervise the implementation of all schemes under National Food Security Act, 2013.
 
 (2) Inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act.
 
 (3) Inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found or of pilferage of subsidized ration which comes to its notice.
 
 (4) The Committee shall meet at least once in a quarter.
 
 Declaration Form
 
 To
 
### 1. The Secretary, Gram Panchayat.....................
 
### 2. The Commissioner/Executive Officer, Municipal Corporation..............
 
### 3. The Secretary/ Executive Officer, Municipal Committee....................
 
### 4. The Secretary/Notified Area Committee/ Nagar Panchayat....................
 
### 5. The Executive Officer, Cantonment Board....................... (Tick whichever is applicable)
 
 Subject: - Mandatory declaration by beneficiary under National Food Security Act, 2013.
 
 Sir,
 
 I ..........................................wife of or daughter of or son of...................................... having Aadhaar No................................. , hereby declare that I am a permanent resident of Village/ Muhalla/Ward ........................, Post Office......................., Gram Panchayat/Municipal Corporation/ Nagar Panchayat/Notified Area Committee/Cantonment Board............................................................ Tehsil.......................... Distt. ...................................
 
 I further declare that I fulfil all the eligibility criteria as laid down in guidelines for identification of beneficiaries (inclusion and exclusion criteria) framed by State Govt. under section 10 (1)  (b) of National Food Security Act, 2013. It is further stated that the contents of the above declaration are true to the best of my knowledge and belief and nothing has been concealed by me.
 
 Yours faithfully,
 
 Dated :
 
 Place :
 
 Name & Address of the Applicant
 
 (With contact Number, if available)
 

