National Food Security Act, 2013

16. State Food Commission.

1.      Every State Government shall, by notification, constitute a State Food Commission for the purpose of monitoring and review of implementation of this Act.

2.      The State Commission shall consist of—

a.      a Chairperson;

b.     five other Members; and

c.      a Member-Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary to that Government:

Provided that there shall be at least two women, whether Chairperson, Member or Member-Secretary:

Provided further that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tribes, whether Chairperson, Member or Member-Secretary.

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3.      The Chairperson and other Members shall be appointed 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 or holding a civil post under the Union or State having knowledge and experience in matters 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.

4.      The Chairperson and every other Member shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:

Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years.

5.      The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member-Secretary of the State Commission may be appointed, and time, place and procedure of meetings of the State Commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed by the State Government.

6.      The State Commission shall undertake the following functions, namely:—

a.      monitor and evaluate the implementation of this Act, in relation to the State;

b.     either suo motu or on receipt of complaint inquire into violations of entitlements provided under Chapter II;

c.      give advice to the State Government on effective implementation of this Act;

d.     give advice to the State Government, their agencies, autonomous bodies as well as non-governmental organisations 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 this 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.

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7.      The State Government shall make available to the State Commission, such administrative and technical staff, as it may consider necessary for proper functioning of the State Commission.

8.      The method of appointment of the staff under sub-section (7), their salaries, allowances and conditions of service shall be such, as may be prescribed by the State Government.

9.      The State Government may remove from office the 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.

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10.   No such Chairperson or Member shall be removed under clause (d) or clause (e) of sub-section (9) unless he has been given a reasonable opportunity of being heard in the matter.

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