MISCELLANEOUSCentral

Section 44 of The National Food Security Act, 2013

The Central Government, or as the case may be, the State Government, shall be liable for a claim by any person entitled under this Act, except in the case of war, flood, drought, fire, cyclone or earthquake affecting the regular supply of foodgrains or meals to such person under this Act: Provided that the Central Government may, in consultation with the Planning Commission, declare whether or not any such situation affecting the regular supply of foodgrains or meals to such person has arisen or exists.

Summary

The government is legally required to pay a claim if an entitled person does not receive their regular supply of foodgrains or meals.
The government is excused from this responsibility if the failure is caused by an extreme disaster, specifically war, flood, drought, fire, cyclone, or earthquake.
The Central Government has the authority to officially declare whether such a disaster situation has happened or currently exists.
The Central Government must consult with the Planning Commission before making this official declaration.

Practical examples

1A massive earthquake strikes near Rahul's town in October 2026, destroying the roads and stopping food deliveries, so the government is legally excused from paying him a claim for his missed rations.

2Sunita goes to her local ration shop in a normal month with no disasters, but the shop is empty because of poor planning by the state, meaning the government is fully liable to pay her claim.

FAQ

1. Can a state government officially declare a flood as an excuse for missed rations?

No, the Central Government makes this declaration in consultation with the Planning Commission.

2. Does a simple rainstorm count as an excuse to stop food supply?

No, the law only lists major events like war, flood, drought, fire, cyclone, or earthquake.

3. Who is protected from liability during a listed disaster?

Both the Central Government and the State Government are protected from claims by entitled persons during these specific disasters.

Test yourself

Q1.Under Section 44 of The National Food Security Act, 2013, which authority has the power to declare whether a situation exists that excuses the government from providing regular food supply?

Q2.Under Section 44 of The National Food Security Act, 2013, which of the following events would legally excuse the government from liability for a person's food claim?

Q3.Under Section 44 of The National Food Security Act, 2013, what happens to a person's legal entitlement to claim relief if a major cyclone stops all food deliveries to their village?

Q4.Under Section 44 of The National Food Security Act, 2013, who must the Central Government consult before declaring a disaster situation?

43PreviousSection 43 Utilisation of institutional mechanism for other purposes.45NextSection 45 Repeal and savings.

←Section 43 Section 45→