Notification on Constitution of the State Food Commission, under Section 16 (1) of the National Food Security Act, 2013

GOVERNMENT OF TELANGANA A B S T R A C T National Food Security Act, 2013 – Constitution of the State Food Commission, under Section 16 (1) of the National Food Security Act, 2013 – Notification – Issued. CONSUMER AFFAIRS, FOOD & CIVIL SUPPLIES (CS.I-CCS ) DEPARTMENT G.O.Ms.No.2 Dated:10.04.2017. Read the following: 1. The National Food Security Act, 2013 (Central Act 20 of 2013). 2. G.O.Ms.No.11,CA,F&CS(CS.I-CCS) Dept.,Dt.31.08.2015. 3. G.O.Ms.No.44,CA,F&CS(CS.I-CCS) Dept.,Dt.19.11.2016. ****** O R D E R: In supersession of the orders issued in the reference 3rd read above, Government hereby constitute the State Food Commission under Section 16(1) of the National Food Security Act, 2013. 2. The appended Notification will be published in English, Telugu and Urdu languages in the Extraordinary issue of Telangana Gazette and in English and the chief languages of the District concerned in the Gazette of all the Districts in the State. 3. The Director of Printing, Stationery and Stores Purchase (Printing Wing); Telangana State, Hyderabad is requested to publish the Notification in the Extraordinary issue of the Telangana Gazette. He is also requested to send 50 copies of the Gazette notification to the Government after its publication for record. 4. The Director of Translation, Hyderabad is requested to furnish forthwith the translation of the Notification into the regional languages concerned to the Director of Printing Stationery and Stores Purchase (Printing Wing), Hyderabad to enable them to publish the same in the Telangana Gazette and also in the District Gazette under intimation to the Government. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA) C.V.ANAND EX.OFFICIO PRINCIPAL SECRETARY TO GOVERNMENT To The Director of Printing , Stationary and Stores Purchase (Printing Wing) Hyderabad, for publication of the notification in an Exordinary issue of Telangana Gazette. The Commissioner of Civil Supplies, Hyderabad. The President, Telangana State Consumer Disputes Redressal Commission, Hyderabad. All Collectors and District Magistrates. All Joint Collectors The VC & Managing Director, Telangana State Civil Supplies Corpn. Hyderabad. All Secretariat Departments. Copy to : The Special Secretary to Chief Minister. The OSD to Minister (Civil Supplies). The P.S. to Chief Secretary to Government. The Law (B)Department. SC/SF. // FORWARDED :: BY ORDER // SECTION OFFICER NOTIFICATION In exercise of the powers conferred by Section 16 (1) of the National Food Security Act, 2013 the State Government hereby notify the constitution of the State Food Commission. 2. Under section 16 (2) of the Act, the State Food Commission shall be constituted with the following: i) Chairperson : Shall be appointed as specified under Sub section 3 (a) (b)and ( c) of Section 16 of the Act. ii) Member Secretary : shall be an officer of the State Government not below the rank of a Joint Secretary. iii) Members-5 : Shall be appointed as specified under sub-section 3 (a) (b)and( c) of Section 16 of the Act. 3. The State Food Commission shall undertake the following functions under section 16 (6) of the Act, namely: (a) monitor and evaluate the implementation of the Act in relation to the State; (b) either suo-motu or on receipt of complaint inquire into violations of entitlements provided under Chapter II of the Act; (c ) give advice to the State Government on effective implementation of the Act; (d) give advice to the State Government, their agencies, autonomous bodies as well as non-governmental organizations 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 the Act; (e) hear appeals against orders of the District Grievance Redressal Officer; (f) prepare annual reports which shall be laid before the State Legislature by the State Government. 4. Under section 20(1) of the Act, the State Food Commission shall, while inquiring into any matter 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 matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document ; (c ) 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. 5. Under section 20(2) of the Act, the State 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 of Criminal Procedure, 1973. :2: 6. There shall be at least two women, whether Chairperson, Member or Member Secretary. There shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tribes in the Commission. 7. The Chairperson and Members other than the Member Secretary shall be appointed through a Selection Committee from amongst persons: ( a) who are or have been member of the All India Services or any other civil services of the Union or State are holding a civil post under the union or State having knowledge and experience in matter relating to Food Security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; or (b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration ; or (c) who have a proven record of work relating to the improvement of the food and nutrition rights of the poor. 8. The Chairperson and every other Member shall hold office for a term not exceeding five years from the date on which he/she enters upon his / her office and shall be eligible for reappointment, provided that no person shall hold office as Chairperson or other Member after he /she attains the age of sixty five years as specified under section 16( 4) of the Act. 9. Under section 16(9) of the Act, the State Government may remove from office Chairperson or any Member who (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 continuation in office detrimental to the public interest. 10. No Chairperson or Member shall be removed under clause (d) or clause (e) of sub-section (9) of the Act unless he/she has been given a reasonable opportunity of being heard in the matter. 11. Any member of the Commission may resign his office, by notice in his writing addressed to the Governor of the State and the Chairperson. 12. Meetings of the Commission shall be convened by the Member Secretary, on the direction of the Chairperson, as per the requirement of work, but atleast once in six months. The Commission shall formulate its own procedures for holding meetings. 13. Orders on the salary and allowances payable to the Chairperson and Members other than Member Secretary and for the supporting staff in the State Food Commission will be issued separately. 14. Orders indicating the head of account for drawal of salary and allowances of the Chairperson, Members, Member Secretary and supporting staff and other administrative expenses will be issued separately. C.V.ANAND EX.OFFICIO PRINCIPAL SECRETARY TO GOVERNMENT