Suggested Amendments to National Food Security Bill 2013 (Bill No.

109 of 2013)

Preamble 1. Replace the preamble with An Act to ensure public provisioning of food and related measures and to provide for food and nutritional security in human life cycle approach, by ensuring social, physical and economic access to adequate quantity of food at affordable prices to all persons in the country, at all times to live a life with dignity in pursuance of Article 21 of the Constitution of India. Clause 2 1. Insert sub-clause (3) in Clause 2 with the definition of destitute person from the National Food Security Bill, 2011 as destitute person means men, women or children who have no resources, means and support required for food and nutrition enabling their survival, to the extent that makes them vulnerable to live with or die of starvation and renumber the successive clauses accordingly. 2. Insert sub-clause (4) in Clause 2 with the definition of disaster from the National Food Security Bill, 2011 as disaster shall have the same meaning as assigned to in in clause (d) of section 2 of the Disaster Management Act, 2005 and renumber the successive clauses accordingly. 3. In sub-clause (3) of Clause 2 of the Ordinance, replace the words priority households with Public Distribution System. 4. Replace sub-clause (5) of Clause 2 of the Ordinance to read "Food grains means rice, wheat, coarse cereals, pulses or any combination thereof conforming to such quality norms as may be determined, including on nutrition and safety, by order, by the Central Government from time to time." 5. Replace sub-clause (6) of Clause 2, to say food security means a situation when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life. The four pillars of food security are availability, stability of supply, access and utilization. 6. Delete subclause (7) of Clause 2 defining food security allowance. 7. Insert sub-clause (7) in Clause 2 with the definition of homeless persons from the National Food Security Bill, 2011 as homeless persons means persons who do not have homes and live as such on the roadside, pavements, or in such other places, or in the open, including persons living in shelters for homeless or beggars or such other homes and renumber the successive clauses accordingly.

8. Insert sub-clause (8) in Clause 2 defining malnutrition as malnutrition shall mean the condition that develops when the body, over a prolonged period of time, does not receive or absorb adequate and appropriate calories, proteins and other nutrients required for good health, growth and maintenance of the human body and mind and renumber the successive clauses accordingly. 9. Replace sub-clause (10) of Clause 2 of the Ordinance to read "minimum support price means assured fair and remunerative price announced by the Central government, which is fixed at least 50 per cent more than the weighted average cost of production, at which foodgrains are procured from farmers by the Central Government and the State Governments and their agencies, for the central pool". 10. Insert sub-clause (11) in Clause 2 with the definition of National Commission from the National Food Security Bill, 2011 as National Commission means the National Food Commission constituted under the relevant Section in this Act and renumber the successive clauses accordingly. 11. Insert sub-clause (15) in Clause 2 defining Private Contractor as any entrepreneur, commercial enterprise or company not owned or controlled or funded or aided by the Appropriate Government and renumber the successive clauses accordingly. 12. Insert sub-clause (21) in Clause 2 with the definition of starvation from the National Food Security Bill, 2011 as starvation means prolonged involuntary deprivation of food that threatens survival of the person and renumber the successive clauses accordingly. 13. Insert sub-clause (22) Clause 2 defining starvation death as death of a person caused by chronic low food intake deemed insufficient to sustain life.

Clause 3 1. Replace Sub-clause (1) of Clause 3 with every person who is a resident shall be entitled to receive five kilograms of foodgrains per month per adult, 7 kilograms per month per child and 9 kilograms of foodgrains per month per citizen; 1.5 kilograms of pulses per month per person and 800 grams of cooking oil per month per person at subsidised prices specified in Schedule I from the State Government under the Public Distribution System. 2. Replace sub-clause (2) of Clause 3 with replace the words up to seventy-five per cent of the rural population and up to fifty per cent of the urban population with every resident of India. Chapter IV Delete Chapter VI Identification of Eligible Households and all its clauses.

Clause 4 1. Delete the words Subject to such schemes as may be framed by the Central Government 2. Amend clause (b) to read as universal and unconditional maternity benefit in monthly instalments for a period of nine months, commencing from three months before the date of delivery and continuing for six months after that date. Such maternity benefit shall be linked to minimum wages or at least Rs. 1000/- per month revised annually on an appropriate price index. 3. Insert clause (c) as support for practicing exclusive breastfeeding for 6 months through assistance at birth, skilled breastfeeding counselling, and related assistance consistent with the provisions of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) 4. Insert clause (d) as Counselling on optimal Infant and Young Child Feeding to promote appropriate complementary feeding Clause 5 1. Add the following proviso to sub-clause (1) of Clause 5: Provided that any children below the age of 14 years, including those that are out of school, may approach any feeding facility such as anganwadi centre, school mid day meals, destitute feeding centres etc., as defined, for a freshly cooked nutritious meal and no such institution may deny a freshly cooked nutritious meal to such a child on any grounds whatsoever by modalities that will be notified in the Rules 2. Insert sub-clause (3) in clause 6 which states: All children in the age group of under 6 years shall be entitled to basic nutrition, health and pre-school education services under the Integrated Child Development Services (ICDS). These basic services shall include, but not limited to, all child development services available under ICDS as of 1 April 2013, namely: (1) supplementary nutrition; (2) immunization; (2) health check-ups; (4) referral services; (5) growth monitoring and promotion; (6) preschool education. 3. Insert sub-clause (4) in clause 5 which states, No private contractors shall be used for the production and processing of take-home rations or freshly cooked meals under any maternal and child feeding programme. 4. Insert sub-clause (5) in clause 5 which states, Preference shall be given to gram panchayats, womens self help groups and Mahila Mandals for the production and processing of take-home rations or freshly cooked meals under all maternal and child feeding programmes 5. Insert a new clause 6 which states, (1) On and from the date of enactment of this Act, the State government shall, identify children who suffer from all or any grades of malnutrition, as well as those experiencing growth faltering or nutritional deterioration.

(2) Parents or guardians of every malnourished Child shall be provided support through nutrition counselling for appropriate therapeutic foods, health checkups and referral services, free of charge. (3) All severely underweight, undernourished or sick malnourished children shall be entitled, free of charge, to appropriate therapeutic foods, as maybe specified by notification, and special care at a Nutrition Rehabilitation Centre or in the community in which they are normally resident, as appropriate, in accordance with the scheme to be specified under this Act Chapter III 1. Delete Chapter III (Food Security Allowance) and Clause 8 therein. 2. Delete Clause 44 from Chapter XIII. Entitlements of Special Groups 1. Insert new Chapter III as Entitlements of Special Groups with the following Clauses: Clause A The special groups consisting of all destitute persons or homeless persons shall have the following entitlements, namely: (a) all destitute persons shall be entitled to at least one meal every day, free of charge, at a location close to their home, or if they are homeless, close to the place they are ordinarily found to be in, in accordance with such scheme, including cost sharing, as may be prescribed by the Central Government; (b) the State Government shall ensure urban homeless and such other needy persons as deemed appropriate, have access to affordable meals at the shelters designated for homeless people or close to the place they are ordinarily to be found in, through a scheme of Community Kitchens run by any agency identified by the appropriate government, or any other method. (c) the entitlements under clauses (a) and (b) shall be applicable only after it is notified by the respective State Governments: (d) every State Government shall notify the entitlements under clauses (a) and (b) not later than one year from the date of commencement of this Act; (e) the migrants and their families shall be able to claim their entitlements under this Act, at the place where they currently reside. Clause B (1) Upon a declaration that an emergency or disaster situation exists by the State Government, provide to all persons affected by the emergency or disaster situation, subsidized food grains at priority quantities and rates specified in Section 24, immediately thereafter, for a period of one year. (2) All destitute persons, senior citizens, pregnant and nursing women and children, affected by the emergency or disaster, shall be provided two freshly cooked meals every day, free of charge, for a period of 3 months after the disaster. (3) All households shall be assured at least 200 days of wage employment for one year at minimum wages or equivalent income in

case wage employment is not available or family members are not capable of working for wages 2. Insert a new Clause (C) in the Chapter Entitlements of Special Groups: Clause C (1) The following persons shall be entitled to an individual pension of at least fifty per cent. of minimum wages, in and addition and without prejudice to any other benefits or entitlements they may have under this Act: a. Single women including widows and women who are separated, divorced or abandoned; b. Elderly persons; c. Persons with disabilities (2) Gram Panchayat Certification: Eligibility to a pension, in terms of these criteria, shall be certified by the Gram Panchayat, after being duly verified and recommended by the Gram Sabha. (3) Timely disbursal: Pensions shall be disbursed regularly every month, by the 7th day of each month, through post offices or bank accounts of the recipients.

Persons living in starvation 1. Insert Chapter IV as Persons living in starvation with the following Clauses: Clause A. The State Government shall make all reasonable efforts to ensure that all persons, households, groups or communities living in starvation or conditions akin to starvation are provided appropriate food to restore them with immediate effect to a condition of good health of the body and mind and for that purpose and such persons shall be entitled to the benefits mentioned in Section 16 hereto. Clause B. All persons, households, groups or communities living in starvation or conditions akin to starvation shall with immediate effect be provided with the following: (a) freshly cooked meals, at least 2 times a day, free of charge, to pregnant and nursing women, children, and destitute persons; (b) Rs. 2000 as maternity benefits to the pregnant and nursing women; (c) Subsidised food grains of twice the amount specified for priority households as specified in Schedule 4, free of charge for period, for a period of six months; (d) All households shall be assured at least 200 days of wage employment for two years at minimum wages or equivalent income in case wage employment is not available or family members are not capable of working for wages (e) Any other relief deemed necessary by the State Government to ensure that they do not under any circumstances lapse back into starvation. Clause C. (1) The State Government shall ensure the proactive identification of individuals, households, and groups living in starvation or in conditions akin to starvation and provide the relief mentioned in Clause A and B of Chapter IV. (2) While making the said identification, the State Government shall enquire into the overall life situation of the persons, groups or communities

living in starvation and the question whether the person group or community was continuously deprived of adequate food entitlements by the denial of entitlements under this act or otherwise for any reason whatsoever. (3) Where the conditions of starvation are found to exist the State Government shall take corrective action to ensure that functioning of the food related schemes and the delivery of entitlements under this Act or any other Acts as may be necessary. Clause D. (1) When a question arises whether a person has died of starvation, the appropriate government shall enquire whether such person was living in conditions of prolonged food deprivation for any reason whatsoever and shall not base its conclusion on the Post mortem report. (2) Upon concluding that a person has died of starvation, the household to which he or she belonged shall be provided with financial assistance under the National Family Benefit Scheme regardless of whether or not he or she was the primary breadwinner of the household. Clause E. (1) The State Government shall within 6 months of the Act coming into force, establish, through a Code, the processes for investigating starvation and protocols for mandatory intervention by State authorities for relief, prevention and accountability that are in conformity with the provisions of this Act, to be known as the Starvation Protocol. (2) The Protocol shall establish processes which shall be transparent, reliable and respectful of the dignity of all persons. (3) State governments shall clearly designate authorities, at state, district and local levels, directly responsible for preventing starvation and starvation death. Clause F. All persons, households, groups or communities living in conditions of starvation shall have the right to approach the District Grievance Redressal Officer for immediate relief under Clause A of this Chapter and the District Grievance Redressal Officer shall be bound to provide such relief.

Chapter V Reforms in public distribution system 1. Delete Clause 12 (2) (c) i.e. leveraging aadhaar for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this Ordinance. 2. Delete Clause (2) (h) i.e. introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in lieu of their foodgrain entitlements specified in Chapter II, in such area and manner as may be prescribed by the Central Government. 3. Delete Sub-clause (2) (d) of clause 39.

4. Replace over a period of time in Clause 12 (2) (f) with in a timebound manner. 5. Add to Clause 12 (2) (g), to read as Support to local public distribution models and grain banks, through special schemes implemented through bodies such as Panchayats, self help groups, cooperatives, NGOs etc.

Obligations of the Central Government 1. In sub-clause (4) (d) of Clause 22 insert the words at least fifty per cent. after the word provide. Chapter XII Provisions for advancing food security 1. In Clause 31, replace the words strive to progressively realize with ensure that all guidelines, policies, programmes and laws are in place towards and in accordance with the objectives specified in Schedule III 2. Add new proviso at the end of the clause: Provided further that within one year from the date of commencement of this Ordinance, all the relevant existing guidelines, policies in particular the industrial, agricultural and wage policies and laws shall be reviewed to ensure realization of the objectives specified in Schedule III of this Act. Schedule II 1. Delete Note 1; Note 2 and NB under Schedule II Additional Clauses a. Insert a new Clause in the Ordinance in Chapter XII (Provisions for advancing food security) that states, The Government shall buy all the foodgrains that farmers offer to sell to it at statutory Minimum Support Prices (MSP) through procurement centres opened for every 10 kms radius area b. Include a Clause in the Ordinance that states, While all entitlements provided under this Act are universal, special efforts shall be made to ensure physical and social access to disabled persons, persons belonging to nomadic tribes, persons belonging to denotified tribes, persons belonging to Scheduled Castes and Scheduled Tribes, aged persons, and single women

Amendments Related to Grievance Redressal

Chapter VII 2. Add subclause (2) and (3) to Clause 14 as following: Clause 14 (2) Each public authority responsible under this legislation shall publish: (i) a statement of obligations towards the citizens under the NFSB,

(ii) a statement that violation of any of the provisions of this statement, in any manner whatsoever, will constitute a grievance, Clause 14 (3) The grievance redressal mechanism under this Act shall accept and support complaints being made and consequent procedures being carried out in accessible formats for the disabled like Braille, oral, e-text and sign language. 3. Replace Clause 15 (1) with The State Government shall appoint or designate, an officer to the be the Grievance Redressal Officer, at panchayat/municipal level, block level and district level, for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of foodgrains or meals under Chapter II, and to enforce the entitlements under this Ordinance. 4. Insert subclause (2) and (3) as following and renumber the successive clauses accordingly: (2) The Grievance Redressal Officers so appointed shall address the grievances within two weeks in an effective manner. (3) Facilitation centres at the block and panchayat level to help aggrieved persons register the grievances and forward them to the appropriate grievance redressal officer. 5. Replace Clause 15 (5) with: The officer referred to in sub-clause (1) shall have the following obligations and powers: (a) to hear complaints regarding non-distribution of entitled food grains or meals or matters related thereto (b) to conduct open court hearings, close to the location of the complainant (c) to impose penalty and give compensation. The compensation shall be given in cash or kind as per the beneficiarys choice and will be five times the value of the entitlements the beneficiary was originally entitled to. 6. Replace first proviso to Clause 16 (2) with Provided that there shall at least be two women and one person who is disabled, whether Chairperson, Member or Member Secretary

7. Insert subclause (11) in Clause 16 as The State Commission shall dispose of cases within two weeks and shall have the power to impose penalties and order for compensation as required. 8. Insert subclause (12) in Clause 16 as the members of the State Commission shall be subject to appraisal to ensure their eligibility to continue as members 9. Delete Clause 16 (9) (b) i.e. has become physically or mentally incapable of acting a s a member Explanation This clause will be to the detriment of persons with disabilities as it promotes discrimination against them.

10. Insert the provisions relating to National Food Commission from the National Food Security Bill, 2011. 11. Insert the following Clause in Chapter VII: Whoever on the ground of 'untouchability' or caste, gender, religion or race enforces against any person, any disability, restriction, exclusion or boycott with regard to, (a) access to any Fair Price Shop, grain, meal, utensils or any place prescribed under the National Food Security Act; (b) and access to or employment under any other provision or entitlement of the National Food Security Act shall be punishable with imprisonment of a minimum of 3 months and a maximum of 6 months with a fine of a minimum of Rupees three thousand to a maximum of Rupees twenty five thousand. This will be deductible from the pocket of the person who has committed the offence. Explanation 1. Place includes any shop, centre, facility or space where grain, meal or any entitlement is provided under the Food Security Act; 2. A person shall be deemed to boycott another person who refuses to let such other person or refuses to permit such other person to avail of entitlement or employment under the Food Security Act. 3. Enforcing disability includes the use of threat, intimidation, verbal abuse (referring to caste or general in nature), violence, humiliation and discrimination. 12. Insert the following Clause in Chapter VII: Whoever, being a public servant willfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and a fine of minimum of Rupees three thousand to a maximum of Rupees twenty five thousand. This will be deductible from the pocket of the person who

has committed the offence. Such offence will be a cognizable and non-bailable as defined in the Indian Penal Code, 1860. 13. Insert the following Clause in Chapter VII: Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence and a fine of minimum of Rupees three thousand to a maximum of Rupees twenty five thousand. This will be deductible from the pocket of the person who has committed the offence. Chapter XIII 14. Insert subclause (2), (3) and (4) to Clause 27 as following: (2) Short Messaging Service (SMS) alert systems shall be set up, by the State Government, or local authorities, through which complaints regarding the functioning of this legislation, including the non performance of duties by the concerned officials, might be submitted. (3) SMS services shall also be used to provide members of the public with information on funds and food grains allotted to particular ration shops, ICDS centres and schools, community kitchens etc. (4) Telephone lines specifically for dealing with PDS-related enquiries or complaints shall be set up. Amend Clause 4 of the Right to Information Act: Insert S4. (e): Every public authority shall, specifically in relation to information about the PDS, publish all such information