(1) The Chairperson and other Members shall hold office subject to maximum age of 65 years for a period of five years from the date on which he enters upon his office unless removed earlier.
(2) A person who held the office of the Chairperson or Member shall be eligible for reappointment but no person shall hold office as the Chairperson or other Member afier attaining the age ofsixty-five years.
(3) The Chairperson or a Member may, by writing under his hand addressed to the Government, resign from the office of the Chairperson or Member, as the case may be, at any time.
(4) An officer who has been selected for appointment as Member-Secretary shall hold (such office on deputation/ex officio.
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(5) The Government may remove a person from the office of the Chairperson or a Member, 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 Chairperson or a member; or i h
(c) has been convicted of an offence which, in the opinion of the State ,Govemment, involves moral turpitude; or '
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a members; or
(e) has so abused his position as to render his/ her continuation in office detrimental to the public interest:
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Provided that, no Chairperson or Member shall be removed from the office under clause (d) or clause (e) of sub-rule above unless he has been given a reasonable opportunity of being heard in the matter.
Enquiry, Review and Monitoring.-
(1)
(2)
(3)
(4)
(5) Food Commission either suo motu or on receipt of complaint may inquire into violation ofentitlements provided under Chapter II of the Act.
Food Commission shall monitor and evaluate the implementation of the Act in Madhya Pradesh.
For review and monitoring of implementation of the provisions of the Act, the Commission shall give its advice to the State Government for effective implementation of the Act.
Food Commission shall hear appeals against orders of the District Grievance Redressal Officer.
I I Food Commission shall prepare annual reports which shall be laid before the State Legislature by the State Government.
Procedure for Registering Complaint and Appeals.-
(1)
(2)
(3)
(4) Complaint'regarding violation of entitlements under the Act or appeal against the order of the District Grievance Redressal Officer shall be presented by the complainant or appellant to the Commission in ’person or by registered post or any electronic mode, addressed to the Member-Secretary of the Commission.
Any appeal against the order of the District Grievance Redressal Officer shall be filed before the Commission within time-limit prescribed under Rule 10.
Every appeal shall be accompanied by the certified copy of the order of the District Grievance Redressal Officer and such of the documents as may be required to support grounds of appeal.
Complaint or appeal shall be filed with specific details and contact information of the complainant.
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(5) No anonymous complaint shall be entertained.
Disposal of complaints and Appeals by the Food Commission.-
(1)
(2)
(3)
(4)
(5)
(6)
(7) The Food Commission shall, on receipt of any complaint, seek a report on it from the District Grievance Redressal Officer, along with supporting documents, who shall be required to furnish it within fifteen days.
Taking into consideration the report of the District Grievance Redressal Officer, and the available documents, the Food Commission shall issue appropriate orders for redressal of the complaint, within fifteen days from the date of receipt of the report of the District Grievance Redressal Officer.
In the case of appeal against the orders of the District Grievance Redressal Officer, the Food Commission shall give an opportunity to appellant and non-appellant to present their cases in person or through a representative on a fixed date, time and place and afier having heard them, decide the appeal within a period of thirty days from the date of receipt ofappeal.
‘ On the date fixed for hearing, it shall be obligatory for the appellant and nonappellant to present their case in person or through representative before the Food Commission, andin case of failure to do so, the Food Commission may on its own discretion either dismiss the case or proceed to enquire the matter ex-parte and decide the appeal within a period of thirty days from the date of receipt ofappeal.
The order of the Food Commission shall be authenticated by the Member-Secretary or any other officers of the Food Commission duly authorized by the Food Commission on its behalf.
The Food Commission shall arrange to deliver copies of the decision to the concerned parties within a period of fifieen days from the date of such decision.
If the Food Commission is of the opinion that the disposal of the appeal requires more than a period of thirty days, the appellant shall be sent an interim reply citing .
the reasons for delay.
(8) The Food Commission shall, while inquiring into any matter referred to in clauses 0)) and (e) of sub-section (6) of Section 16 of the Act, 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 matters, namely::
(a) summoning and enforcing the attendance of any person and examining him/her on Oath;
(b) discovery and production ofany documents;
(0) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office; and
(e) issuing commissions for the examination of witnesses or documents.
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(9) The Food Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code ofCriminal Procedure, 1973.
Financial Powers of the Food Commission.-
(1) The Food Commission shall be responsible for expenditure for the funds received by it for the purpose 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 State Government.
(3) The Chairperson shall obtain prior approval of the State Government in the matters of revision of pay scales; re-appropriation of funds from one head to another, i permitting any officer of Food Commission to participate in Seminars, Conferences or Training Program abroad and such other matters as may be determined by the State Government, by order.
(4) All financial powers of the 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 State Government from time to time in this behalf.
Maintenance of records.- The Food Commission shall maintain all the records, including the appeals and records related to their disposal.
Stamps and Logo.- The Stamps and logo of the Food Commission shall be as decided by the food commission with the approval of the State Government.
CHAPTER VI TRANSPARENCY, ACCOUNTABILITY AND SOCIAL AUDIT
(1) All information in respect of targeted Public Distribution System, such as fair price shop, names and addresses of Issue Centers of Madhya Pradesh State Civil Supplies Corporation and allocation, lifting and distribution of foodgrains shall be displayed on the website of the department at the State level.
(2) Under the scheme, list of identified and eligible households shall be displayed at concerned Gram Panchayats, Government fair price shops and website of the department for perusal of the general public.
(3) All records regarding allocated and distributed foodgrains within one year under the Targeted Public Distribution System shall be provided for perusal of general public at Government fair price shop.‘ A . n new W, W 17 14% 2017 444 (23)