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Amendments in National Food Security Bill 2013

Amendments in National Food Security Bill 2013

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Amendments in National Food Security Bill 2013 proposed by Right to Food Campaign
Amendments in National Food Security Bill 2013 proposed by Right to Food Campaign

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Published by: Right ToFood Campaign on Aug 12, 2013
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08/13/2013

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Suggested Amendments toNational Food Security Bill 2013 (Bill No. 109 of 2013)
Preamble
 
1.
 
Replace the preamble with
 
“An Act to
ensure public provisioning of food and relatedmeasures 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 ataffordable prices to all persons in the country, at all times to live a life with dignity inpursuance 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 N
ationalFood 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 thesuccessive 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 clausesaccordingly.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 qualitynorms as may be determined, including on nutrition and safety, by order, by the CentralGovernment from time to time."
5.
 
Replace sub-clause (6) of Clause 2, to say
 
“food security
means a situation when allpeople, at all times, have physical and economic access to sufficient, safe and nutritiousfood to meet their dietary needs and food preferences for an active and healthy life. Thefour 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, includingpersons living in shelters for homeless or beggars or such other homes
and renumber thesuccessive 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 receiveor absorb adequate and appropriate calories, proteins and other nutrients required forgood health, growth and maintenance of the human body and mind
and renumber thesuccessive clauses accordingly.
 
9.
 
Replace sub-clause (10) of Clause 2 of the Ordinance to read
"minimum support pricemeans 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, atwhich foodgrains are procured from farmers by the Central Government and the StateGovernments and their agencies, for the central pool".
 10.
 
Insert sub-clause (11) in Clause 2 with the d
efinition 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 thesuccessive 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 theAppro
priate 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 thatthreatens 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 31.
 
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 permonth per child and 9 kilograms of foodgrains per month per citizen; 1.5 kilogramsof pulses per month per person and 800 grams of cooking oil per month per personat 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
 
“everyresident of India”.
 Chapter IV
Delete Chapter VI “Identification of Eligible Households” and all its clauses.
 
 
Clause 41.
 
Delete the words “Subject to such schemes as may be framed by the CentralGovernment”
 2.
 
Amend clause
(b)
to read as
 
universal and unconditional maternity benefit in monthlyinstalments for a period of nine months, commencing from three months before the dateof delivery and continuing for six months after that date. Such maternity benefit shall belinked to minimum wages or at least Rs. 1000/- per month revised annually on anappropriate 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 consistentwith 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 promoteappropriate 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, mayapproach any feeding facility such as anganwadi centre, school mid day meals,destitute feeding centres etc., as defined, for a freshly cooked nutritious meal and nosuch 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
6years shall be entitled to basic nutrition, health and pre-school education servicesunder the Integrated Child Development Services (ICDS). These basic services shallinclude, but not limited to, all child development services available under ICDS as of 1 April 2013, namely: (1) supplementary nutrition; (2) immunization; (2) healthcheck-ups; (4) referral services; (5) growth monitoring and promotion; (6) pre-
school education.”
 
3.
 
Insert sub-clause (4) in clause 5 which states,
 
No private contractors shall be used forthe 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 grampanchayats, women’s self help
groups and Mahila Mandals for the production andprocessing 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 nutritionaldeterioration.

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