Chapter VII 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.

(1) 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 foodgrains or meals under Chapter II, and to enforce the entitlements under this Act. (2) The qualifications for appointment as District Grievance Redressal Officer and its powers shall be such as may be prescribed by the State Government. (3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may be prescribed by the State Government. (4) The State Government shall provide for the salary and allowances of the District Grievance Redressal Officer and other staff and such other expenditure as may be considered necessary for their proper functioning. (5) The officer referred to in sub-section (1) shall hear complaints regarding non- distribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the State Government. (6) Any complainant or the officer or authority against whom any order has been passed by officer referred to in sub-section (1), who is not satisfied with the redressal of grievance may file an appeal against such order before the State Commission. (7) Every appeal under sub-section (6) shall be filed in such manner and within such time as may be prescribed by the State Government.

(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 the State Government. (3) The Chairperson and other Members shall be appointed from amongst persons 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 adequate knowledge and experience in matters relating to food security, policy making, agriculture, law, human rights, social work, public administration, nutrition, health or any field which will be beneficial to the Commission: Provided that in the appointment of the Chairperson and other Members, preference shall be given to persons belonging to Scheduled Castes, Scheduled Tribes, women and other disadvantaged sections. (4) The term of office and salaries and allowances of Chairperson and other Members shall be such as may be prescribed by the State Government: 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. (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. (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.

The State Government shall provide for salary and allowances of Chairperson, other Members, Member-Secretary, support staff, and other administrative expenses required for proper functioning of the State Commission.

The State Government may, if considers it necessary, by notification, designate any statutory commission or a body to exercise the powers and perform the functions of the State Commission referred to in section 16.

Notwithstanding anything contained in sub-section (1) of section 16, two or more States may have a Joint State Food Commission for the purposes of this Act with the approval of the Central Government.

(1) The State 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. (2) The State 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.

No act or proceeding of the State Commission shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the State Commission; or (b) any defect in the appointment of a person as the Chairperson or a Member of the State Commission; or (c) any irregularity in the procedure of the State Commission not affecting the merits of the case.