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 e-mail 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, 2017.

(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.

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 sub-

section 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

e-mail 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.

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 e-mail 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, e-mail 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, e-mail 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 e-mail or by dropping their written grievance in

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 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, 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

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.

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 sub-

sections (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.

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

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 month @2.5 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;

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;

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 self-

contained;

(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.

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

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