[Authoritative English text of this Department Notification No. FDS-A (03)-04/2017 dated 22-08-2019 as required under clause (3) of article

1 · Short title and commencement (1) These rules may be called the Himachal Pradesh Food Security Rules, 2019.

2 · Definitions (1) In these rules, unless the context otherwise requires;

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.

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 O through online electronic Public Distribution System(ePDS) portal available on the department's website o 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 o telephonically about the manner in which grievance has been redressed.

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

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 receipt in writing O 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 O 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

11 · Powers of District Grievance Redressal Officer (1) The District Grievance Redressal Officers, while enquiring into complaints, shall have powers to require any person;

12 · Monitoring the disposal of complaints. ~ Disposal of complaints shall be monitored by the Secretary in charge 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 ISth day of the succeeding month: State Government shall send a monthly consolidated report for the State as whole to the Ministry of Consumer Affairs, Food and Public Distribution, Government of India, by the end of the succeeding month:

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:

16 · Appeal X 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 o his authorized agent to the State Commission in person or sent by registered post addressed to 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

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.

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 lor 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 o 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)

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 formatlquestionnaires.

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 0 quarterly basis.

26 · Manner of disclosure of records related to Targeted Public Distribution System (1) A list of fair price shop owners along with their licensing credential shall be uploaded on the State *electronic Public Distribution System (e-PDS) Portal? .

8 · The Citizens Charter shall be displayed at all offices where Ration Card related work is done.

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:

13 · Inclusion criteria: The households in a Local body shall be included in the list of following order of priority 1) Aikal Naris_ ii) Orphans, abandoned children and those residing in Ashrams iii) Household headed by a widow.

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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

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1 · Regularly supervise the implementation of all schemes under National Food Security Act; 2013. 2 Inform the District Grievance Redressal Officer, in writing, ofany 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

1 · Supervise the implementation of all schemes under National Food Security Act; 2013 . 2 Inform the District Grievance Redressal Officer, in writing, ofany violation of the provisions of this Act; and 3_ Inform the District Grievance Redressal Officer; in writing, of any malpractice or misappropriation of funds O pilferage of subsidized ration which comes to its notice. 4 The Committee shall meet at least once in a quarter

1 · Regularly supervise the implementation of all schemes under National Food Security Act; 2013. 2 Inform the District Grievance Redressal Officer, in writing, ofany violation of the provisions of this Act; 3_ Inform the District Grievance Redressal Officer; in writing, of any malpractice O misappropriation of funds found by it; and 4 The Committee shall meet at least once in a quarter

1 · Supervise the implementation of all schemes under National Food Security Act; 2013 . 2 Inform the District Grievance Redressal Officer, in writing; ofany violation of the provisions of this Act; and 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:

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; 'antonment Board. (Tick whichever is applicable)

1 · 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