National Food Security Act, 2013

What is Food security? It is an act to provide for food and nutritional security in human life cycle approach , by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. The ‘National Food Security Act, 2013’ was introduced by the Government to provide quality and nutritious food to the common people, poor and pregnant women. The main aim of this Act is – to provide food and nutritional security in human life cycle approach, by ensuring access to essential and adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. The related provisions and mechanism for providing food and nutritional security to common men of this country are laid down in the Act, which are as follows:

• Fair Price Shop
• Foodgrains
• Food Security
• Rural Area
• Targeted Public Distribution System

Sections/Rules

• Section – 3 provides the right to receive 5 (five) kg of food grains per person per month at subsidized prices from the State Government under the Targeted Public Distribution System.
• Section – 4, 5 and 6 provides the provisions relating to providing food to pregnant and lactating women and nutritional support to children and malnutrition prevention.
• Section – 12 relates to reforms in Targeted Public Distribution System.
• Section – 13 relates to provisions regarding issue of ration cards to women of the age of 18 (eighteen) years or above to be the head of the household.

Legal Provisions Nutritional support to pregnant and lactating women. As per the Act, entitled persons have the right to receive food security allowances in the case of non-supply of the entitled quantities of food grains or meals. Rights According to Targeted Public Distribution System, priority households to be covered under ‘Antyodaya  Anna Yojana’ shall receive 35 (thirty five) kg of food grains per month at subsidized prices. Every pregnant and lactating mothers are eligible to receive the following benefits:

• During pregnancy and 6 (six) months after the child birth through local anganwadi, meals, free of cost will be provided so as to meet the nutritional standards. Children below the age of 6 (six) years, exclusive breast feeding shall be promoted.
• Pregnant women are entitled to receive maternity benefit of not less than Rs. 6,000 (Rupees Six Thousand only) in installments as may be prescribed by the Central Government.

  Rights

• For children up to Class VIII or within the age group of 6 (six) to 14 (fourteen) years, to meet the nutritional standards, the followingrights will be available:
• For children in the age group of 6 (six) months to 6(six) years, age appropriate meals will be provided free of charge to meet the nutritional standards.
• For children below the age of 6 (six) months, exclusive breast feeding shall be promoted.
• The State Government shall, through established anganwadi, identify and provide meals, free of charge, to children who suffer from malnutrition.

Authority According to Targeted Public Distribution System of the Essential Commodities Act, 1955, Fair Price Shops will be provided licence to distribute commodities to the ration card holders under Public Distribution System. Grievance Redressal Mechanism Every State Government shall put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, or such other mechanism as may be prescribed. The State Government shall appoint or designate, for each district, an officer to be the District Grievance Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled food grains or meals and to enforce the entitlements under this Act. According to this Act, there is a provision that any complainant can file an appeal with the District / State Food Commission. Powers relatintg to inquiries of State Food Commission The State Food Commission, while inquiring into any matter, will 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:

• Summon and enforcing the attendance of any person and examining him on oath.
• Discovery and production of any documents.
• Receiving evidence on affidavits.
• Requisitioning any public record or copy thereof from any court or office.
• Issuing commissions for the examination of witnesses or documents.
• Every State Government shall constitute a State Food Commission for the purpose of monitoring and review of implementation of this Act.

Penalties As per the provisions of this Act, any public servant or authority found guilty at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the district grievance redressal officer, without reasonable cause or wilfully ignoring such recommendation, shall be liable to penalty not exceeding Rs.5,000/- (Rupees Five Thousand Only) after providing such person reasonable chances of hearings. Nagaland Three years after adoption of the National Food Security Act (NFSA) in 2013, the state of Nagaland is finally set to implement the Act after much bargaining with the Centre on the financial aspect. The Act will be implemented in Dimapur and Kohima districts with effect from 1^st  of July, 2016 and by August next, the NFSA will cover the remaining 9 districts. In pursuance of National Food Security Act 2013, the Govt. Of Nagaland has approved for the implementation of the NFSA,2013 in the state. The eligible priority households shall be entitled to recieve 5(five) kgs of Foodgrains per person per month either @Rs.3/- per kg of rice or Rs.2/- per kg of wheat. The implementation shall commence only after completion of identification of eligible households in the state. There will be no more ABL/BPL beneficiaries under NFSA only Priority households. The AAY (Antyodaya Anna Yojana) beneficiaries will continue to receive their monthly allocation as per the scheme. The District Administration, local bodies and village Councils are requested to assist the Department of F&CS to identify eligible priority beneficiaries. Any false declarations by applicants will be automatically rejected and no further appeal will be considered. The Criteria For Identification Of Priority Households Under The National Food Security Act, 2013 Are As Under:- Inclusion Criteria:

• Households having an annual family income of Rs. 1.5 lakh or less and falling under the following category will be considered for inclusion under priority households.
• Vulnerable and marginalised section of the people infected with HIV+ and duly registered by NagalandState Aids Control Society (NSACS).
• Households with a disable person as head of the households (as defined in persons with Disabilities Act ‘1995) subjected to submission of prescribed certified by a competent medical Authority.
• Single women (including widows, unmarried, divorced and deserted women).
• Homeless and destitute households.
• Occupationally vulnerable groups like Casual Domestic workers, Unskilled workers, Casual Labourers, Rickshaw and Cart-pullers, Marginal Farmers, Vegetables Vendors, Rag-pickers etc. Will also be included under Priority Households.
• He/She should be a bonafide citizen of India and apermanent resident of Nagaland.
• Salaried employees (Public/Private Sectors) falling below the income bar as mentioned above.

Exclusion Criteria:

• Any member of a households possessing a four wheeler.
• Households receiving Ration/Food subsidy under any other
• Any member of the household who is an employee of
• Central/State Govt. With an annual income of more than Rs.1.5 lakh

The Director of F&CS also informed that allocation of food grains would be made online by uploading everything related on public domain so one can easily check out by logging into the department website www.fcs.nagaland.gov.in, which is also linked to the national portal.

Compiled By:

Ms. Limasenla, Advocate & Legal Aid Counsel,

Nagaland State Legal Services Authority.