Karnataka Food security | KPSC KAS Preparation: All subjects - KPSC KAS (Karnataka) PDF Download

The Karnataka Food Security Programme Act 2005

Purpose: The Act is designed to provide food security to enhance the capabilities of the poor and oppressed, extending basic human rights within Karnataka.
Enacted by the Karnataka State Legislature in the fifty-sixth year of the Republic of India, the following provisions are established:

1. Short title, extent, and commencement

• The Act is named the Karnataka Food Security Programme Act, 2005.
• It applies to the entire State of Karnataka.
• The Act will come into force on a date specified by the State Government through an official notification.

2. Definitions

• Authorization card: A document issued by the state agency to an eligible beneficiary, detailing the benefits provided.
• Beneficiary: A person or family defined under this Act who is eligible for benefits.
• Certification period: The duration for which a beneficiary is entitled to receive benefits.
• Coupon: A form of certificate, stamp, or authorization, which may include cash, cheque, or other instruments, given to a beneficiary or involved party in the program.
• Food: Any food or food product for human consumption, except those prohibited by law in the State.
• Food security program: Any program operated under this Act.
• Food store: An establishment dealing with food that participates in the Program.
• State Agency: Any designated authority, official, or local body responsible for implementing the program.
• Any terms not defined in this Act but defined in related Acts will have the same meaning as assigned in those Acts.

3. Guarantee against hunger

• Every beneficiary under this Act is guaranteed protection from hunger and access to healthy food through a State department or agency.

4. Obligations of the State

After the commencement of the Act, the State must:

• Prepare a program to deliver benefits under the Act and identify beneficiaries.
• Appoint and notify state agencies at district, taluk, and village levels, and regulate the distribution of food.
• Provide necessary communication and transport means to reach remote areas where beneficiaries live.

5. State Level Advisory Council

A State Level Advisory Council will be formed to advise the government on formulating schemes and operating related funds under the Act.
The Council will include:

• The Chief Minister as Chairman.
• The Minister for Finance as Vice Chairman.
• Ministers for Law, Food and Civil Supplies, Revenue, and Social Welfare as Members.
• Secretaries from the Food & Civil Supplies and Law Departments as Members, with the Secretary to Government, Law Department as Member-Secretary.
• Up to two co-opted members who are specialists or eminent persons in relevant subjects may be included.

6. Advice of State Council to be binding

• The advice given by the Council is binding on government departments and state agencies.

7. Karnataka Food Security Programme

After the Act’s commencement, the State Government will create a program to ensure access to a minimum quantity of food for all beneficiaries, including:

• Surveying the target population to assess needs.
• Identifying beneficiaries and means of providing them with food.
• Implementing and periodically reviewing the program.
• Specifying responsible government agencies and taking action against deficiencies or non-performance.

8. The Beneficiaries

• Eligible beneficiaries include:
  • Individuals with no earned income.
  • Physically handicapped persons.
  • Mentally retarded individuals.
  • Aged persons without family support.
  • Any other persons or classes of persons as notified by the State Government.
• Families with a single earning member and others who cannot earn a livelihood, provided their annual income does not exceed a prescribed limit.

9. Disqualifications

• A beneficiary will be disqualified from receiving benefits if:
  • Their income exceeds the prescribed limit.
  • They misuse the benefits.
  • They fail to submit required income returns.
  • They refuse work assigned by the state agency without sufficient cause.
  • They receive benefits from another welfare program that makes them ineligible.
  • They violate any conditions imposed by the state agency.
• A family becomes ineligible if:
  • Its annual income exceeds the limit.
  • The individuals who entitled the family to benefits are no longer part of it.
  • The benefits were secured by fraud or misrepresentation.
  • It violates any other conditions imposed by state agencies.

10. Form of Benefits and Disbursement

• Benefits will be in the form of food stamps, coupons, or other instruments issued to authorized agencies, food stores, and other involved parties.
• The State Government will prescribe the extent of benefits and the procedure for disbursement by rules.

11. Food Security Fund:

• A fund will be created after the Act’s commencement for achieving the program’s purpose, funded by:
  • Grants from the central or state government.
  • Budgetary allocations.
  • Specific endowments, gifts, and donations.
  • Other amounts specified by the state government.
• The fund will only be used for the purpose it was created and will not cover incidental expenditures like salaries, commissions, or allowances for officers or employees.
• The State Government will make rules for the administration of the Fund, including budgeting and accounting.

12. Power to give directions

• The State Government can issue directions to departments and state agencies in charge of a scheme under the Act, as long as they are consistent with the Act and its rules.

13. Power to make Rules

• The State Government may make rules, after a notice of not less than fifteen days, necessary to implement the Act’s provisions.
• If an urgent need arises, the State Government may waive the notice requirement.
• The rules may cover:
  • Formulation of schemes and administration terms.
  • The form and extent of benefits under each scheme.
  • Terms for the appointment of state agencies and their operational areas.
  • Identification and documentation of beneficiaries.
  • Periodic reports and statements from departments and state agencies.
  • Administration of each Need Fund and accounting for expenditures.
  • Any other matters necessary for effective implementation.

14. Laying of Rules and Program

• Every rule made and program prepared under the Act must be laid before each House of the State Legislature for thirty days during a session. 
• If both Houses agree on any modifications or annulments, the rule will be amended or annulled without affecting the validity of previous actions taken under the rule or program.

15. Power to remove difficulties

• If any difficulties arise in enforcing the Act, the State Government may issue notifications to remove them, treated as part of the original Act.
• This power cannot be exercised beyond three years from the Act’s commencement.

16. Resolution of Disputes

• All disputes under this Act will be resolved by the State Level Advisory Council, whose decision will be final and binding.
• The Council’s decisions cannot be challenged in any Court of Ordinary Civil Jurisdiction.