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LATEST NEWS UPDATES | NAC draft Food Bill: PDS gets legal backing & eminent panel by Ravish Tiwari

NAC draft Food Bill: PDS gets legal backing & eminent panel by Ravish Tiwari

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published Published on Jun 7, 2011   modified Modified on Jun 7, 2011

In the season of draft Bills, the Sonia Gandhi-led National Advisory Council has come out with its draft of the National Food Security Act, 2011, that gives legal backing to the highly leaky PDS system, thereby excluding innovative options like cash transfers, which may have included variants like food stamps and UID-linked smart cards.

Despite the PM’s panel objecting to universal legal entitlement, the draft says that “not less than 90% of all rural households” and “not less than 50% of all urban households” will be legally entitled to subsidized foodgrains.

The draft Bill, finalized last week, has legalised the PDS with an elaborate chapter detailing aspects like procurement, storage and distribution through Fair Price Shops as the only approach for implementing the provisions of food security.

It also envisages setting up of a seven-member National Food Commission, to be headed by a sitting or a former Supreme Court judge and similar State Commissions to be presided by a High Court judge.

Required to inquire into all complaints, the Commission “shall have all the powers of a civil court trying a suit under the Code of Civil Procedure.”

While legalising PDS, the draft Bill makes it mandatory for the government to maintain “financial viability of Fair Price Shops” (FPS) by ensuring “(that) reasonable commissions, salaries for the manager are provided in a time-bound manner.”

It makes it obligatory on the state to set up FPS for delivery of subsidized food grains “within 3 km” of a habitation. While issuing licences for these shops, it has advised State government to “give preference to community institutions or public bodies.”

Inviting comments from the public, the draft has also suggested “daily management of Fair Price Shops shall be done by women or women’s collectives.”

The draft Bill recommends tagging each unit of foodgrain with a unique number. Purpose: to track its movement “from the stage of procurement to delivery to the ultimate beneficiary” with a view to ensure receipt.

It has ruled out the role of the private sector in any kind of operations pertaining to sourcing the food grain. “No private contractors shall be used for the delivery of any entitlements or procurement, storage and distribution for foodgrains,” specifies Section 105 of the proposed Act.

While suggesting appointments to the National Food Commission to be made by a collegium, comprising the Prime Minister as the chair, an SC judge, the Leader of Opposition in both House of Parliament along with the Speaker, the NAC has also called for the inclusion of chairpersons of various national-level statutory bodies.

These include the chiefs of the National Human Rights Commission, the National Minorities Commission, the National Commission for Women and the National Commission for SC/STs.

The National Food Commission is empowered to “suo motu” inquire into any complaint and has powers to impose penalty upto Rs 5,000 in the first instance and Rs 100 for every day thereafter — until relief is granted — on any public servant “if it is of the opinion” that he’s been guilty of dereliction of his duties.

The Indian Express, 7 June, 2011, http://www.indianexpress.com/news/nac-draft-food-bill-pds-gets-legal-backing-and-eminent-panel/800250/


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