The Karnataka Food Security Programme Act 2005

An Act to provide for Food Security to the people to enhance the capabilities of the poor and the oppressed to acquire enough food for each, as an extension of the Basic Human Rights in the State and for matters related there to.

Be it enacted by the Karnataka State Legislature in the fifty sixth year of the Republic of India as follows:

1. Short title, extent and commencement:
(1) The Act may be called the Karnataka Food Security Programme Act, 2005.
1) It shall extend to the whole of the State of Karnataka.
2) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

2. Definitions, -
(1) In this Act unless the context otherwise requires:
(a) “Authorisation card” means the document issued by the state agency to an eligible beneficiary under the programme showing the nature of benefits.
(b) “Beneficiary” is a person or a family as defined under the Act.
(c) “Certification period” the period for which a beneficiary is entitled to the benefits
(d) ‘Coupon’ means any coupon, stamp, type of certificate, authorisation card cash or cheque issued in lieu of a coupon or any others issued to a beneficiary or any other persons or agencies involved din the implementation of the programme.

(e) ‘Food’ means any food or food product for human consumption except those prohibited by the law time being in force in the State.
(f) “Food security programme” means any programme operated under the Act.
(g) “Food store” means an establish dealing with food or articles of food, which participate in the Programme.
(h) “State Agency” means any Authority official or local body or authority designated by the government to implement the programme.
(2) All other expressions used and not defined in the Act bur defined any other Act related to the measure shall have the same meaning assigned to them under such Acts

3. Guarantee against hunger, -
Every beneficiary under the Act shall be guaranteed against living in hunger and ensured healthy food through a State department or agency.

4. Obligations of the State, -
On and after the commencement of the Act the State shall have the obligation to, -
(a) To prepare a programme for delivering benefits under the Act to identify the beneficiaries
(b) To appoint and notify one or more state agencies at the district, taluk and village levels and to regulate securing food under the Programme.
(c) To provide necessary means of communication and transport to remote places where the beneficiaries live.

5. State Level Advisory Council, -

(1) There shall be constituted State Level Advisory Council to advise the government in the matter of formulating schemes in respect of each specific need and establishing and operating the related need fund constituted under the Act
(2) The Council shall consist of,
(a) The Chief Minister -Chairman
(b) The Minister for Finance -Vice Chairman
(c) The Minister for Law -Member

(d) The Minister for Food and Civil Supplies -Member
(e) The Minister for Revenue -Member
(f) The Minister for Social Welfare- Member
(g) The Secretary to Government Food & Civil Supplies department- Member
(h) The Secretary to Government, Law Department Member-Secretary
Provided that, the Council may co-opt as Members not more than two persons who are specialists or persons of eminence in the subject of the specific need.

6. Advice of State Council to be binding, -
Advice given by the Council shall be binding on the Government departments and State agencies.

7. Karnataka Food Security Programme, -
As soon as may be after the commencement of this Act the State Government shall draw up a programme to ensure access to minimum quantity of food to all beneficiaries, to be called the Karnataka Food Security
Programme, which shall, inter alia, provide for –
a. Survey of the target area or population in order to measure the magnitude of the problem and the need
b. Identification of the beneficiaries and the means of providing minimum quantify of food to them.
c. Implementation of the programme and periodical review of the working thereof
d. Specifying the Government Agencies responsible for implementation of the Scheme, fixing their responsibilities and providing for action against deficiencies and non-performance

8. The Beneficiaries,-
(1) Every person who is:
(a) An individual with no earned income,
(b) A physically handicapped,
(c) A mentally retarded
(d) An aged person having no support of the family
(e) Any other person or class of persons notified by the State Government from time to time
(2) A family consisting of a single earning member and other individuals who cannot earn their livelihood is eligible to the benefit provided the annual income of he family does not exceed the limit prescribed by the State Government

9. Disqualifications,-

(1) A beneficiary shall be disqualified to receive any benefit any more under this Act
(a) If his income increases beyond the limit prescribed.
(b) If he is found guilty of misuse of the benefits in any manner
(c) If he fails to submit income returns as required by the law.
(d) If without sufficient cause, he refuses to undertake work assigned by the state agency as a condition for the grant of the benefit.

(e) If he is a recipient of benefit under any other welfare programme which renders him ineligible to participate in this programme.
(f) If he violates any conditions lawfully imposed by the state agency at the time of grant of benefits or thereafter.
(2) A beneficiary family will become ineligible to the benefits if
a. its annual income exceeds the limit prescribed,
b. individuals whose presence entitled the family to the benefit is/ are no longer part of the family,
c. if the benefits are secured by fraud or misrepresentation and
d. if it violates any other conditions imposed by the state agencies at the time of grant or thereafter.

10. Form of Benefits and Disbursement,-
(1) The benefits shall be in the form of food stamps, which may be en-cashed during the period of participation, coupons issued to the authorised agencies and food stores and others involved in the implementation of the programme.
(2) The State Government may by rules prescribe the extent of benefits and the procedure for disbursement.

11. Food Security Fund, -
(1) The State Government shall as soon as may be after the commencement of this Act, create for achieving the purpose of the programme, a Fund to be named after that specific need, into which shall be credited,
a) All grants made by the central government or the state government
b) Any budgetary allocation made to the fund
c) Specific endowments, gifts and donations

d) Any other amounts specified by the state government to be credited to the Fund
(2) The fund shall not be utilized for any purpose other than giving the basic human need for which the fund is created
Explanation: For the purpose of this sub-section ‘giving the basic human need’ shall not include incidental expenditure like handling charges, honorarium, salary or allowances, commission or such other remuneration or payment to officers or employees of the state government or state agency.
(2) The State Government may by rules provide for the administration of the Fund and for the budgeting and accounting thereof.

12. Power to give directions, -
The State Government shall have power to issue directions to the departments and State agencies in charge of a Scheme under the Act, not inconsistent with the provisions of the Act and the rules made there under.

13. Power to make Rules, -
(1) The State Government may after previous notification of not less than fifteen days make such rules as are necessary to give effect to the provisions of the Act.
Provided that where a need is to be met urgently the State Government may in its discretion dispense with the requirement of previous publication.
(2) Without prejudice to the generality of sub-section (1) such rules may provide specifically for the following namely:
(a) Formulation of the various Schemes under the Act and defining the terms and conditions of administration thereof

(b) Form and measure of the benefits to be extended under each Scheme
(c) Terms of appointment of State agencies, their task and area of operation etc.
(d) Identification of beneficiaries under each Scheme and documenting their particulars and statistics.
(e) Periodical statements and reports to be furnished by the departments and State agencies operating the Schemes. Manner of administering each Need Fund and accounting for the expenditure there from
(f) Any other matter which in the opinion of the State Government is necessary to be made for effective implementation of the provisions of the Act.

14. Laying of Rules and program, -
(1) Every Rule made and every program prepared under the Act shall, as soon as may be after they are made or prepared, be laid before each House of the State Legislature while it is in session for a total period if thirty days which may be comprised in one session or two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or programme or both Houses agree that the rule shall not be made, the rule shall thereafter shall have effect only in such modified form or be of no effect, as the case may be; however any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule or programme.

15. Power to remove difficulties,-
In case of a difficulty arising in the matter of enforcing any provision of this Act the State Government may by notification published in the State Gazette make provision for removing the difficulty and such provision shall be construed as if enacted in the original Act.

Provided that the power under this section shall not be exercised beyond three years from the date of commencement of this Act.

16. Resolution of Disputes,-
(1) All disputes arising under this Act shall be resolved by reference to the State Level Advisory Council whose decision shall be final and binding on the parties.

(2) The decision of the Council shall not be questioned in any Court of Ordinary Civil Jurisdiction.

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