(1 ) Every Srate Govcmment may. by notification, cor?sGtutc a State Food Commission for the purpose of monitoring and review of implementation of this Ordinance.
(2) The Statc Commission shall consist of --
(a) a Chairperson;
(b ) five other Members; and
(c) a Member-Secretary. who shall be an officer of the Statc Government not below the rank of Joint Secretary to that Government:
Provided that there shall be at least two women, whethcr Chairperson. Mcmber or Member-Secretary.
Provided further that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Triks, whether Chairperson, Member or Member-Secretary.
(3) The ~ h a i r p c r s o ~ and other Members shall be appointed from amongst persuns-
(a) who are or have been member of the All India Serviccs or any other civil services of the Union or State or holding a civil post under the Union or State having knowledge and experience in maners relating to food security, policy making and adminismion in the field of agriculture, civil supplies, nutrition. health or any allied field;
or
(b) of eminence in public l i e with wide knowledge and experience in agriculture, law, human rights, social service, management, nunition, health, food policy or public administration; or
(c) who have a proven record of work relating to the improvement of the fwd and nutrition rights ofthe poor.
(4 ) The Chairperson and every other Member shall hold oftice for a term not e x d i g five years from the date on which he enters upon his office and shall be eligible for reappointment:
Provided that no person shall bold office as the Chairperson or other Member after he has anained the age of sixxy-five years.
( 5 ) The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member-Secrefary of *e Smte Commission ma: be appointed. and rimc. place and procedure of meetings of the Satc Commission (including the quorum at such meetings) and its powers. shall be such as may be prescribed by rhc Statc Government.
(6) The Stale Commission shall undenakc the follo\ving functions.
namely:....
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( a ) monitor and evaluate the implementation of this Ordindnce, in relalion to the Stale;
(6) either suo moru or on receipt of cornplainl inquire in:o violations of entidemenu provided under Chapter II;
(c) give advice to the State Govemment on effective implementation of this Ordinance;
(d) give advice to the Statc Govemment, their agencies, autonomous bodies as well as non-governmental organisations involved in delivery of relevant services, for the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in this Ordinance;
( e ) hear appeals against ordcrs of the Dinrict Grievance Redressal Officcr;
V) prepare annual repupom which shall be laid before the State Legislature by rhe State Governmcnt.
( i ) The State Government shall make available to the Statc Commission, such administrative and technical staff, as it may consider necessary for proper functioning of the State Commission.
(8) The method of appointment of the staff under sub-section (7), their salaries, a l lowana and conditions of service shall be such. as may be prescribed by the State Government.
(9) The State Government may remove from office the Chairperson or any Member who-
(a) is, or at any time has bee% adjudged as an insolvent; or ( b ) has become physically or mentally incapable of acting as a member; or
(c) has been convicled of an offence which, in the opinion of the State Government. involves moral turpitude; or (4 has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
(c) has so abused his position as 10 render his continuation in office detrimental to the public interest.
(IO) No such Chairperson or Member shall be removed under clause (4 or clause (e) of sub-section ( 9 ) unless he has been given a reasonable opportunity of being heard in the maner.
17. The State Govcrnmenr shall probide for salary and allowances of Chairperson, other Members, Member-Secretary, support staff. and other administrative expcnses required for proper functioning of the Statc Commission.
18. The State Government ma), if considers it necessary. b) notification, designate any statutory commission or a body to exercise thc powers and perform the Functions of the State Co~iimission referred to in section 16.
&retar?. and orhci nanofSote Comm:5>70p Dcragruum of en?
Commision or hod? lo funcrlon 6 Swrc Cocn:rJ;on
19. Notwithstanding anything contained in subsection (I) of section J O m Sl"CFo-3 Commr.ven - 11 - EERIES - I NO. : 08 / DATED : 23RD AUGUST, 2013.
16. two or more States may have a joint State Food Commission lor the purposes of this Ordinance with the approval of the Central Government
20. ( I ) The State Commission shall, while inquiring into any manex referred to in clauses (b) and (e) of sub-section (6) of section 16, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, and, in particular, in respect of the following matten. 5 0 f l 9 ~ 8 namely:-
(a) summoning md enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document:
(c) receiving evidence on affidavits;
(6) requisitioning any public record or copy thereof from any coun or office; and
(e) issuing commissions for the examination of wifnesses or documents.
(2) The State Commission shall have the power to fonvard any case to a Magisuate having jurisdic~ion to try the same and the Magistrate to whom any such case is forwarded shall proceed to hcar the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. 2 of1973
21. No act or proceeding of the State Commission shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of. the State Commission; or
(b) any defect in the appointment of a person as the Chairperson or a Member of the State Commission; or
(c) any irregularity in the procedure of the State Commission not affecting the merits of the case.
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CHAPTER VllI OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY