Section 40 of The National Food Security Act, 2013 in hindi — Power of State Government to make rules

Bare section text

Official Legislative Text

(1)The State Government may, by notification, and subject to the condition of previous publication, and consistent with this Act and the rules made by the Central Government, make rules to carry out the provisions of this Act.
(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
1. (a)guidelines for identification of priority households under sub-section (1) of section 10;
2. (b)internal grievance redressal mechanism under section 14;
3. (c)qualifications for appointment as District Grievance Redressal Officer and its powers under sub-section (2) of section 15;
4. (d)method and terms and conditions of appointment of the District Grievance Redressal Officer under sub-section (3) of section 15;
5. (e)manner and time limit for hearing complaints by the District Grievance Redressal Officer and the filing of appeals under sub-sections (5) and (7) of section 15;
6. (f)method of appointment and the terms and conditions of appointment of Chairperson, other Members and Member-Secretary of the State Commission, procedure for meetings of the Commission and its powers, under sub-section (5) of section 16;
7. (g)method of appointment of staff of the State Commission, their salaries, allowances and conditions of service under sub-section (8) of section 16;
8. (h)manner in which the Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to public under section 27;
  1. (i)manner in which the social audit on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes shall be conducted under section 28;
9. (j)composition of Vigilance Committees under sub-section (1) of section 29;
10. (k)schemes or programmes of the Central Government or the State Governments for utilisation of institutional mechanism under section 43;
11. (l)any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the State Government by rules.
(3)Every rule, notification and guidelines made or issued by the State Government under this Act shall, as soon as may be after it is made or issued, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.

Educational Study Layer

Summary

State Governments have the power to make rules for their state, as long as they do not conflict with the Act or the Central Government's rules.
State rules must be published as a draft first, a process called previous publication, before they are finalized.
State Governments make the rules for identifying priority households, running internal grievance systems, and setting up District Grievance Redressal Officers.
State Governments also make rules regarding the State Food Commission, public records, and social audits.
Once a state rule is made, it must be presented to the State Legislature.

Practical examples

1In November 2025, a State Government wants to change the qualifications required to become a District Grievance Redressal Officer. They publish a draft of this new rule in a local gazette for public feedback before making it official.

2A State Government creates a rule detailing how priority households will be identified in urban areas and then presents this new rule to the state's legislative assembly so the elected members can review it.

FAQ

1. Can a State Government's rules override the Central Government's rules?

No, state rules must be consistent with the Act and the rules made by the Central Government.

2. Does the State Government have to announce its rules before finalizing them?

Yes, they must make rules subject to the condition of previous publication.

3. Who decides the details of how the State Food Commission meets and operates?

The State Government decides this by making specific rules.

Practice Quiz

Q1.Under Section 40 of The National Food Security Act, 2013, what is a mandatory condition before a State Government can finalize a notification to make rules?

Q2.Section 10 of The National Food Security Act, 2013 requires the State Government to identify priority households. Under Section 40, how are the specific guidelines for this identification process formally established?

Q3.Under Section 14 of The National Food Security Act, 2013, an internal grievance redressal mechanism is required. According to Section 40, who is responsible for making the rules that structure this mechanism?

Q4.Section 15 of The National Food Security Act, 2013 introduces the District Grievance Redressal Officer. Under Section 40, how are the qualifications, appointment terms, and hearing procedures for this officer decided?

Q5.Under Section 40 of The National Food Security Act, 2013, what must happen to a rule or guideline immediately after the State Government issues it?

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