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Section 28: Removal of doubts

The Himachal Pradesh Food Security Rules, 2019State Rules of Himachal Pradesh · 2013

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.

SCHEDULE-I [Rule 3] ELIGIBLITY 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 nonirrigated 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) with in 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.

SCHEDULE-II [Rule 24 (1)] COMPOSITION OF VIGILANCE COMMITTEE’S

(1) State Level Vigilance Committee :- Sr. 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, Cooperative 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 :- Sr. 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 Relation 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, HP 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 persons 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 :- Sr. No. Name Designation

1. The Sub Divisional Officer of the Block. Chairman;

2. The Chairperson, Block Smiti Member;

3. The Block Development Officer of the Block Member;

4. The Inspector, Cooperative 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 Caste, Scheduled Tribes, Women and destitute persons or person 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; and

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 :- Sr. 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 Yuwak 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 concerend 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; and

4. The Committee shall meet at least once in a quarter.

(5) Fair Price Shop Level Vigilance Committee in Urban Area:- Sr. No. Name Designation

1. Mayor/Chairperson/President of Local Urban Bodies Chairman;

2. Councilor/ Members of Local Bodies Member;

3. Inspector, Cooperative 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 persons 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; 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.

*** 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) By order, Onkar Chand Sharma Principal Secretary( FCS&CA) to the GoHP

Where this provision sits

ActThe Himachal Pradesh Food Security Rules, 2019
Section28
Marginal noteRemoval of doubts
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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