Theme : Nourish to Flourish Reducing

Malnutrition in Pregnant Women

PREGNANT WOMEN (RIGHT TO NUTRITION)BILL, 2013

The Problem

MALNUTRITION

(Pregnant Women)

Physical

Causes

Governance

Related

Causes

Social, Economical

and Attitudinal

Causes

•Poverty/Low Income

•Lack of awareness

•Illiteracy

•Low social status

•Heavy manual work

during pregnancy.

•Hunger

•Deficiency of Micro

nutrient

•Pregnancy related

Complications

•Inadequate, healthcare

services

•No national law

with specific objective of

reducing malnutrition in them

•No action based

Nutrition Monitoring

•Lack of accountability

Proposed Solution

Malnourished Pregnant Women

Rise in Infant Mortality Rate and Maternal Mortality

Rate

Leads to Malnourished

Children

Responsibility of Government to Ensure

Right to Food

To Vulnerable Subgroup of

Pregnant Women

High Economic growth & Reduced

IMR & MMR.

Pregnant Women Right to Nutrition Bill

2013

Guarantees Food

Supplements to Pregnant

Women under PPP

Ensures Nourishment:

Better Transparency;

Adequate Implementation

“This bill guarantees Food Security to Pregnant

Women by providing food supplements, to increase

the Nutrition level of the mother to create healthy

generations for future of India.”

Poorly nourished

mothers give borth to babies with low birth

weight

Low birth weight infants are likely to be

malnourished in their childhood

Malnourished children grow

up to be under-nourished

adults

Status Quo

0

50

100

150

200

250

Infant Mortality

Rate

Maternal

Mortality Rate

2011

2012

Persistent Corruption

Ineffective delegation of

powers to Subordinate authorities

Lack of active Involvement of

Local Self Bodies

Improper Funding

Lack of Transparenc

y Failure of

Existing

Schemes

Nutritional Status

Right to Food

Food Security

•Food Supplements

under the Pregnant

Women (Right to

Nutrition) Bill

•Cash Transfers for

providing subsidies

through AADHAR

Outcome

Dietary Intake Health Status

Institutions

Potential Resources

Human , Local Self Bodies,

Councils.

Political and Ideological Framework

Quality of Care Healty Environment,

Health Services

Care Resources

Educational and

Awareness Camps

Resources for Health

•Health Care Centre

•Proper Sanitation

Facility

•Access to Clean

Water.

Underlying

Determinant

•Poverty

•Illiteracy

•Corruption

•Mobilisation of

Resources

Basic

Determinants

To have an

effective Social

Political ,

Economical and

Institutional

Structure.

Economic Structure

Immediate

Determinants

National Nutrition Council for

Pregnant Women

National Institute of

Nutrition for Pregnant

Women

National Nutrition

Monitoring Bureau for

Pregnant Women

National Board for

Nutrition for Pregnant

Women

State Nutrition Council for Pregnant

Women.

District Officer District Officer

Block Level Officer Block Level Officer

Gram Panchayat Ward Council

Seven Member Working

Committee

ASHA/Anganwadi

ASHA/Anganwadi

v

Implementation

Structure

Distribution Structure

Ward commission or Gram Panchayat

State Nutrition Council

National Nutrition Council

Central Government

Mode of

Procurement of

Report of No.of

Pregnant

women

Centre

• Public Private Partnership

State

• Health Care Centres

Wards/

Panchayats

• ASHA

• Anganwadis

Procurement of Food

Supplements

Distribution

Fund Allocation

Central Government

National Nutrition Fund

High Performing States Nutritinal

Fund (50:50)

Low Performing States Nutrition

Fund (70:30)

State Nutrition Fund

Penalty

District Authority

( Appeal within 30 days.)

Gram Panchayat

Grievance Redressal Officer

Imposes fine upto Rs. 10,000.

(Rural Area)

District Grievance Redressal

Authority

Imposes fine upto Rs. 10,000.

(Wards in Urban Area)

Mobilise resources for

effective implementati

on

Educational Camps

Periodic Surveys

Creating Awareness

about nutritional

rights

Ensure effective

implementation of the Act

Healthy Camps to

decrease infant mortality rate

Impact Assessment

Decreased rate of malnutrition among pregnant women

Overall economic growth

Decrease in IMR and MMR

Empowerment of Women

Better institutional structure

Mobilisation of resources

Transparency and Accountability

1 .Final report and recommendations_ malnutrition monitoring committee 2007-2012

2. Janani Suraksha Yojana Guidelines for Implementation.

3. Park K, Park’s Textbook of Preventive and Social Medicine,21st Edition, M/s Banarsidas Bhanot.

4. Integrated Child Development Services (ICDS) Scheme.

5. INDIRA GANDHI MATRITVA SAHYOG YOJANA (IGMSY) - A CONDITIONAL MATERNITY BENEFIT SCHEME.

6. Food security Bill, 2013

7. HUNGER AND MALNUTRITION IN INDIA: STATUS, CAUSES AND CURES, Association of Voluntary Agencies for

Rural Development (AVARD).

8. Child Malnutrition in India:Why does it persists? Report by Sam Mendelson with input from Dr. Samir Chaudhuri .

9. The Life Cycle of Malnutrition, by Stuart Gillespie and Rafael Flores.

10. National Nutrition Monitoring Bureau, India.

References

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ANNEXURE

PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013

SYNOPSIS

Introduction…………………………………………………………………………………….3

Sections

CHAPTER I

PRELIMINARY

1. Short title and Commencement ....................................................................................................... 5

2. Definitions....................................................................................................................................... 5

CHAPTER II

GUARANTEE OF NUTRITION

3. Registration under Janani Suraksha Yojana Scheme ...................................................................... 7

4. Guarantee of Nutrition. ................................................................................................................... 7

CHAPTER III

IMPLEMENTING AND MONITORING AUTHORITIES

5. Establishment of National Nutrition Council for Pregnant Women and State Nutrition Council

for Pregnant Women ........................................................................................................................... 8

6. Constitution of a National Nutrition Council for Pregnant Women. .............................................. 8

7. Constitution of a State Nutrition Council for Pregnant Women. .................................................... 9

CHAPTER IV

POWER, FUNCTIONS AND RESPONSIBILITIES

8. Power, functions and responsibilities of the National Nutrition Council for Pregnant Women .. 10

9. Power, functions and responsibilities of the State Nutrition Council for Pregnant Women ........ 11

10. Power, functions and responsibilities of District Officer, Block-Level Officer and Gram

Panchayat .......................................................................................................................................... 11

CHAPTER V

FUNDING AND BUDGETARY ALLOCATION

11. National Nutrition Fund ............................................................................................................ 133

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12. State Nutrition Fund .................................................................................................................. 133

13. Transparency and Accountability ............................................................................................... 13

14. Audit of Accounts. ...................................................................................................................... 14

15. High Performing States and Low Performing States .................................................................. 14

CHAPTER VI

DISTRIBUTION SYSTEM

16. Procurement of food supplements............................................................................................. 155

17. Distribution at the level of the States ........................................................................................ 155

CHAPTER VII

PENAL PROVISIONS

18. Penalty....................................................................................................................................... 177

CHAPTER VIII

GRIEVANCE REDRESSAL MECHANISM

19. Grievance Redressal Mechanism .............................................................................................. 177

CHAPTER IX

MISCELLANEOUS

20. Overriding Effect. ..................................................................................................................... 188

21. Power of the National Nutrition Council for Pregnant Women to supersede State Nutrition

Council for Pregnant Women ......................................................................................................... 188

22. Power of Central Government to Make Rules ............................................................................ 19

23. Power of State Government to Make Rules ................................................................................ 20

24. Steps to measure malnutrition……….…………………………………………………………21

25. Delegation of powers…………………………………………………………………………...21

26. Removal of difficulties…………………………………………………………………………21

27. Immunity for action taken in good faith………………………………………………………..21

28. Generating Awareness………………………………………………………………………….22

THE SCHEDULE........................................................................................................................23

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PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013

INTRODUCTION

The honourable Supreme Court in People's Union of Civil Liberties v. Union of India

passed an interim order in the year 2007 upholding the right of all pregnant women

living below the poverty line (BPL) to continue receiving nutritional benefits through

the National Maternal Benefits Scheme (NMBS), a government program that aims to

prevent maternal deaths by alleviating the risks posed to pregnant women by anemia and

malnutrition. Further, the Delhi High Court in Laxmi Mandal v. Deen Dayal Harinagar

Hospital and Ors. and Jaitun v. Maternity Home MCD and Ors. in the year 2010 took

cognizance of the fact that two inalienable survival rights form part of the right to life:

the right to health (which would include the right to access and receive a minimum

standard of treatment and care in public health facilities) and reproductive rights of the

mother. The other right which calls for immediate protection and enforcement in the

context of the poor is the right to food. Accordingly the Pregnant Women (Right to

Nutrition) Bill was introduced in Parliament.

STATEMENT OF OBJECTS AND REASONS

Numerous government measures to overcome hunger and malnutrition include National Food

Security Mission, National Nutrition Mission, National Policy On Farmers, National

Horticulture Mission, National Mission on Pulses and Oilseeds, National Rural Livelihoods

Mission, Mahatma Gandhi National Rural Employment Guarantee Act, National Rural

Health Mission, Integrated Child Development Services (ICDS), Mid Day Meal (MDM) ,

Public Distribution System, Janani Suraksha Yojana, National Maternity Benefit Scheme

('NMBS'), the Antyodaya Anna Yojana ('AAY') besides the all-inclusive National Food

Security Bill, 2013 (received assent of Rajya Sabha on 2nd

September, 2013). There have

been adequate evidences to show that inspite of having several schemes abovementioned

there has been inadequate social security benefits to pregnant women therefore, it is

necessary to enact a law which will have better implementation mechanism and ensure

adequate transparency and accountability in the system. The Bill, inter alia, provides for the

following matters, namely:-

(i) The State has a responsibility in terms of Directive Principles of State Policy

along with Article 21 of the Constitution of India to ensure food security to every

individual.

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(ii) In India, approximately 63,000 women die every year due to pregnancy related

issue where malnutrition is the important factor.

(iii) Where several schemes have failed to achieve desirable consequences and have

had inadequate impact on maternal mortality rate and infant mortality rate.

(iv) Where there is absence of criteria to measure malnutrition in India.

(v) Where the pregnant woman is the prime contributor to the economy of the country

by adding on to the labour force, it is evident to protect both the mother and the

child to have a stable economic growth.

(vi) It is necessary to create awareness keeping in view the number of illiterate and

uneducated women below poverty line.

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PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013

A bill to guarantee the minimum level of nutrition to pregnant women in India, so as to

reduce infant mortality rate and maternal mortality rate and for matters connected therewith

or incidental thereto;

Whereas it is provided in Article 47 of the Constitution of India for the State to take steps to

raise level of nutrition;

Whereas it is essential to improve educational achievement, labor productivity, and economic

growth;

Whereas it is necessary to improve level of nutrition program funding in states;

Whereas it is essential in the interest of mankind and to re-affirm faith in fundamental human

rights, in the dignity and worth of human person especially women and have determination to

promote social and economic progress;

Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:

CHAPTER I

PRELIMINARY

1. Short Title and Commencement. - (1) This Bill may be called the Pregnant Women

(Right to Nutrition) Bill, 2013.

(2) It extends to whole of India.

(3) It shall come into force on such date as may be notified by the Central Government in this

behalf in the Official Gazette.

2. Definitions. – In this Bill, unless the context otherwise requires,-

(a) “Pregnancy” means and includes the state of carrying a developing fetus within the female

body till the delivery of a child;

(b) “Pregnant women” means any women who is in the state of pregnancy and also includes

unmarried women;

(c) “Nutrition” means and include intake of food considered in relation to the bodies dietary

needs;

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(d) “Healthy living” means a state of body and mind that is capable of not only fighting with

the infirmity of diseases but is also capable of coping up with mental stress and also making

the life of the fetus healthy;

(e) “Pregnant Women National Nutrition fund” refers to the fund created by the Centre for

disimbursement of benefits especially mentioned under this Bill;

(f) “Pregnant Women State Nutrition fund” refers to the fund created by the State for

disimbursement of benefits especially mentioned under this Bill;

(g) “Implementing agency” includes National Nutrition Monitoring Bureau for Pregnant

Women, National Institute of Nutrition for Pregnant Women and National Nutrition Board

for Pregnant Women, any department of the Central Government or a State Government, a

Zila Parishad, Panchayat at intermediate level, Gram Panchayat or any local authority or

Government undertaking or non-governmental organization authorised by the Central

Government or the State Government to undertake the implementation of any work taken up

under this Bill;

(h) “Appropriate government” means the Central Government and the State Government;

(i) “Infant Mortality Rate” means the number of infants dying before reaching one year of

age, per 1,000 live births in a given year;

(j) “Maternal Mortality Rate” means the number of maternal deaths per 100,000 live births;

(k) “High Performing State” states which have less than 150 maternal deaths per 100,000 live

births according to Sample Registration System (SRS) Report for 2004-2006;

(l) “Low Performing State” states which have more than 150 maternal deaths per 100,000

live births according to Sample Registration System (SRS) Report for 2004-2006;

(m) “District Authority” shall consist of such number of members possessing such experience

and qualifications as may be prescribed by the State Government, to be nominated by that

Government in consultation with the Chief Justice of the High Court.

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CHAPTER II

GUARANTEE OF NUTRITION

3. Registration under Janani Suraksha Yojana Scheme.- All pregnant women who are

registered under the Janani Suraksha Yojana Scheme are entitled to the benefits under the

Bill.

4. Guarantee of Nutrition.- This Bill guarantees minimum level of nutrition for healthy

living (as provided under Schedule I) to every pregnant women covered in terms of this Bill.

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CHAPTER III

IMPLEMENTING AND MONITORING AUTHORITIES

5. Establishment of National Nutrition Council for Pregnant Women and State

Nutrition Council for Pregnant Women.- (1) There shall be constituted a National

Nutrition Council for Pregnant Women at the Centre and State Nutrition Council for Pregnant

Women at the level of the States.

(2) The National Nutrition Council for Pregnant Women shall be headed by Prime

Minister and he shall be assisted by Department of Women and Child Development, Ministry

of Human Resource Development, Ministry of Health and Family Welfare and representative

of various non-governmental organizations.

(3) The State Nutrition Council for Pregnant Women shall be headed by Chief Minister

of the State and he shall be assisted by Department of Women and Child Development,

Ministry of Human Resource Development, Ministry of Health and Family Welfare,

representatives of various non-governmental organizations.

6. Constitution of a National Nutrition Council for Pregnant Women.- (1) The National

Nutrition Council shall exercise such powers and function as are conferred upon it on this

behalf under this Bill.

(2) The Council shall consist of five members including:-

(a) a member from the Department of Women and Child Development;

(b) a member from the Ministry of Health and Family Welfare.

(3) Members of the Council mentioned under sub-section (2) shall be appointed from

amongst persons having knowledge of, or practical experience in, matters relating to

nutritional value required by pregnant women, such as doctors, nutritionist, independent

experts to be appointed by the Prime Minister in consultation with the Department of Women

and Child Development and Ministry of Health and Family Welfare.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the

Council and shall exercise such powers and discharge such functions of the Council as may

be delegated to him by the National Nutrition Council for Pregnant Women from time to

time.

9

(5) The Chairperson shall be the member appointed from Department of Women and

Child Development.

7. Constitution of a State Nutrition Council for Pregnant Women.- (1) The State

Nutrition Council shall exercise such powers and function as are conferred upon it on this

behalf under this Bill.

(2) The Council shall consist of eleven members including:-

(a) a Member from the Department of Women and Child Development;

(b) a Member from the Ministry of Health and Family Welfare.

(3) Members of the Council mentioned under sub-section (2) shall be appointed from

amongst persons having knowledge of, or practical experience in, matters relating to

nutritional value required by pregnant women, such as doctors, nutritionist, independent

experts to be appointed by the Prime Minister in consultation with the Department of Women

and Child Development and Ministry of Health and Family Welfare.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the

Council and shall exercise such powers and discharge such functions of the Council as may

be delegated to him by the State Nutrition Council for Pregnant Women from time to time.

(5) The Chairperson shall be the member appointed from Department of Women and

Child Development.

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CHAPTER IV

POWER, FUNCTIONS AND RESPONSIBILITIES

8. Power, functions and responsibilities of the National Nutrition Council for Pregnant

Women.- (1) The National Nutrition Council for Pregnant Women will work in consultation

with National Nutrition Monitoring Bureau for Pregnant Women, National Institute of

Nutrition for Pregnant Women and National Nutrition Board for Pregnant Women.

(2) The National Nutrition Council for Pregnant Women will assist the Government in

formulating policies in the matter in malnourishment in pregnant women.

(3) The National Nutrition Board for Pregnant Women will for the above purposes

empowered to conduct surveys and determine the rates of infant mortality rate vis-à-vis

maternal mortality rate and present a report to National Nutrition Council.

(4) The National Institute of Nutrition for Pregnant Women will be responsible for

submission of various reports and recommendations on the nutritional needs and challenges

from time to time.

(5) The National Nutrition Monitoring Bureau will monitor the effective

implementation of this Bill and present a report on this behalf to the National Nutrition

Council for Pregnant Women.

(6) The report prepared by National Nutrition Monitoring Bureau for Pregnant

Women, National Institute of Nutrition for Pregnant Women and National Nutrition Board

for Pregnant Women will be submitted to National Nutrition Council for Pregnant Women

who in turn will present it in the Parliament which should be acted upon by the Government

within six months of such presentation.

(7) The National Nutrition Council for Pregnant Women will act as a supervisory

body over National Nutrition Monitoring Bureau for Pregnant Women, National Institute of

Nutrition for Pregnant Women and National Nutrition Board for Pregnant Women. Further, it

may take help of National Human Rights Commission to take up any matter which needs

immediate attention.

Explanation: For the purposes of this section the National Human Rights Commission

may exercise such powers and functions as is provided in Human Rights Act, 1993.

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9. Power, functions and responsibilities of the State Nutrition Council for Pregnant

Women.- (1) The State Nutrition Council for Pregnant Women will assist National Nutrition

Monitoring Bureau for Pregnant Women, National Institute of Nutrition for Pregnant Women

and National Nutrition Board for Pregnant Women to prepare reports and carry out their

functions, duties and responsibilities as mentioned under this Bill.

(2) The State Nutrition Council will supervise and monitor and distribute the functions

to be carried on by District Officer, Block-Level Officer and Gram Panchayat.

(3) The State Nutrition Council for Pregnant Women will take aid of ASHA and

Anganwadi employee in achieving the objects of this Bill.

(4) The State Nutrition Council will mobilize resources and take aid of National

Nutrition Council for Pregnant Women for effective implementation of this Bill.

(5) The State Nutrition Council will prepare a report after every year on the working of

this Bill which will be duly presented to the State Legislature and the State Legislature will

forward the report stating steps to be taken to improve the existing scenario which will then

be sent to National Nutrition Council which will in turn add its own suggestion and lay it

before the Parliament which will be acted upon within six months of such laying.

(6) The State Nutrition Council for Pregnant Women may take help of State Human

Rights Commission to take up any matter which needs immediate attention.

Explanation: For the purposes of this section the State Human Rights Commission may

exercise such powers and functions as is provided in Human Rights Act, 1993.

10. Power, functions and responsibilities of District Officer, Block-Level Officer and

Gram Panchayat.- (1) There will be a District Authority in each District who will be

incharge of different blocks under it to be appointed by the State Nutrition Council for

Pregnant Women.

(2) There shall be an officer not less than the rank of Block Development Officer to be

responsible at Block-level.

(3) The Block level officer mentioned in Clause (3) will be responsible for the Gram

Panchayats and Wards under the particular Block.

(4) The Gram Panchayats will be responsible for implementation of provisions of this

Bill in each Gram Sabha.

12

(5) There shall be constituted a working committee of 7 non-official members out of

which there should be four women members to be appointed by the Gram Panchayat to

oversee the distribution through the ASHA and Anganwadi employee.

(6) The ward councillor will be responsible for implementation of the provision of this

Bill in their respective wards.

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CHAPTER V

FUNDING AND BUDGETARY ALLOCATION

11. National Nutrition Fund.- (1) There shall be established by a notification a National

Nutrition Fund by the Central Government.

(2) The Central Government may, after due appropriation made by Parliament by law

in this behalf, credit by way of grants such sum of money as the Central Government may

consider necessary to the National Fund.

(3) The amount standing to the credit of the National Fund shall be utilised in such

manner and subject to such conditions and limitations as may be prescribed by the Central

Government for the purposes of this Bill.

(4) The Central Government shall consider the report of National Nutrition Council for

Pregnant Women in determining the amount to be disbursed to the states depending upon

their categorisation as high performing states and low performing states.

12. State Nutrition Fund.- (1) There shall be established by a notification a State Nutrition

Fund by the State Government.

(2) The amount standing to the credit of the State Fund shall be expended in such

manner and subject to such conditions and limitations as may be prescribed by law made by

the State Legislature.

(3) The State Fund shall be held and administered on behalf of the State Government in

such manner and by such authority as may be prescribed by the State Government.

(4) The State Government shall consider the report of the State Nutrition Council in

determining the amount to be disbursed for achieving the objects of the Bill.

13. Transparency and Accountability.- (1) The District Authority and all implementing

agencies in the District shall be responsible for the proper utilisation and management of the

funds placed at their disposal for the purpose of implementing a Scheme.

(2) The State Government may prescribe the manner of maintaining proper books and

accounts of employment of labourers and the expenditure incurred in connection with the

implementation of the provisions of this Bill and the Schemes made thereunder.

14

(3) The State Government may, by rules, determine the arrangements to be made for

the proper execution of the provisions of this Bill and to ensure transparency and

accountability at all levels in the implementation of the Schemes.

14. Audit of Accounts.- (1) The Central Government may, in consultation with the

Comptroller and Auditor General of India, prescribe appropriate arrangements for audits of

the accounts of the Schemes at all levels.

(2) The accounts of the Scheme shall be maintained in such form and in such manner

as may be prescribed by the State Government.

15. High Performing States and Low Performing States.- (1) The centre-state contribution

in case of high performing state would be equal.

(2) The centre-state contribution in case of low performing state would be in the ratio

of 70:30.

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CHAPTER VI

DISTRIBUTION SYSTEM

16. Procurement of food supplements.- (1) The Central Government will take adequate and

necessary steps for procurement of food supplements for the purposes of this Bill.

(2) The food supplements so procured will be distributed among the state as per

requirements ascertained through number of registered pregnant women under the Janani

Suraksha Yojana and the report submitted by the Gram Panchayats and the Ward Councillors

to the State Nutrition Council for Pregnant Women which will in turn prepare a report to be

sent to National Nutrition Council for Pregnant Women.

(3) The National Nutrition Council for Pregnant Women will submit a report to the

Central Government which will open tenders for such quantity as ascertained in the report

submitted by National Nutritional Council for Pregnant Women.

(4) The funds to be allocated for the purposes of this section will be done by the

President in consultation with the Comptroller and Auditor General.

17. Distribution at the level of the States.- (1) The Gram Panchayats and Wards receive the

procurement through the nearest situated Health Care Centre.

(2) The distribution from the health care centre is monitored by the committee under

every Gram Panchayat or the Ward Councillor respectively.

(3) ASHA and Anganwadi workers will be responsible for effective distribution to

registered pregnant women under the Janani Suraksha Yojana.

Explanation: Such workers will be responsible for bringing these pregnant women to the

nearest health care centre for receiving such supplements.

(a) The pregnant women will receive such supplements on production of JSY

Card along with AADHAR card through Biometric Recognition.

(b) In cases of advanced Pregnancy where the pregnant women is herself not able

to receive the benefits from the health care , only in such cases:-

i. The pregnant women can authorise a representative who can

collect such benefits for her, subject to the condition that such

representatives are also registered at the time of obtaining the

JSY card. Such person will also have to provide biometric

proof for identification.

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ii. In cases of absence of representatives the ASHA and

Anganwadi workers are to be entrusted with such distribution.

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CHAPTER VII

PENAL PROVISIONS

18. Penalty.- Any authority empowered under the Bill, acting in the contravention to the

provisions of this Bill is liable to be punished with a period of imprisonment which may

extend upto five years and fine, which may extend to ten thousand rupees or both.

CHAPTER VIII

GRIEVANCE REDRESSAL MECHANISM

19. Grievance Redressal Mechanism.- (1) The District Authority shall appoint for each

Gram Panchayat, an officer to be called the Gram Panchayat Grievance Redressal Officer for

expeditious and effective redressal of grievances of the aggrieved persons in matters relating

to distributing of food supplements or nutrient edible products and to enforce the

mechanisms.

(2) The District Authority shall lay down qualifications for appointment as Gram

Panchayat Grievance Redressal Officer.

(3) The terms and conditions for appointment, removal or dismissal of the Gram

Panchayat Grievance Redressal Officer shall be such as may be prescribed by the District

Authority.

(4) The officer appointed under sub-section (1) shall hear all grievances as regards non-

distribution of entitled food supplements or nutrient edible products, and matters relating

thereto, and shall take necessary action for their redressal in such manner and within such

time as may be prescribed by the District Authority in this behalf (which shall in no case be

beyond 15 days). The officer in pursuance of this Bill is empowered to impose fine upto ten

thousand rupees on contravention of the provisions of this Bill.

(5) Any person dissatisfied with the order passed by an officer referred to in sub-

section (1) may file an appeal against such order before the District Authority within thirty

days of passing of such order.

(6) There shall be District Grievance Redressal Officer at the district level which can

impose fine upto ten thousand rupees on contravention of the provisions of this Bill and

should dispose off the matter within 15 days of the matter bring brought before it.

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CHAPTER IX

MISCELLANEOUS

20. Overriding Effect.- The provisions of this Bill shall have effect notwithstanding

anything inconsistent therewith contained in any enactment other than this Bill.

21. Power of the National Nutrition Council for Pregnant Women to supersede State

Nutrition Council for Pregnant Women.- (1) If at any time the National Nutrition Council

for Pregnant Women is of opinion--

(a) that the State Nutrition Council for Pregnant Women has made default in the

performance of the functions imposed on it by or under this Bill; or

(b) that circumstances exist which render it necessary in the public interest so to do,

the National Nutrition Council may, by notification, supersede State Nutrition Council

for Pregnant Women, for such period not exceeding three months, as may be specified

in the notification:

Provided that before issuing a notification under this sub-section for the reasons mentioned in

clause (a), the National Nutrition Council for Pregnant Women shall give a reasonable

opportunity to the State Nutrition Council for Pregnant Women, as the case may be, to show

cause why it should not be superseded and shall consider the explanations and objections if

any, of the State Nutrition Council for Pregnant Women, as the case may be.

(2) Upon the publication of notification under sub-section (1) superseding the State

Nutrition Council for Pregnant Women, the National Nutrition Council for Pregnant Women

may overtake all such power, duties and responsibilities as is required to be performed

ordinarily by the State Nutrition Council for Pregnant Women under this Bill;

(3) On the expiration of the period of supersession specified in the notification issued

under sub-section (1), the National Nutrition Council for Pregnant Women may --

(a) extend the period of supersession for such further term, not exceeding six months,

as it may consider necessary; or

(b) reconstitute the State Nutrition Council for Pregnant Women, as the case may be,

by fresh nomination or appointment, as the case may be, and in such case any person

19

who vacated his office shall not be deemed disqualified for nomination or

appointment:

Provided that the National Nutrition Council for Pregnant Women may at any time before the

expiration of the period of supersession, whether originally specified under sub-section (1) or

as extended under this sub-section, take action under clause (b) of this sub-section.

22. Power of Central Government to Make Rules.- (1) The Central Government may,

simultaneously with the constitution of the National Nutrition Council for Pregnant Women,

make rules in respect of the provisions of this Bill:

Provided that when the National Nutrition Council for Pregnant Women has been constituted,

no such rule shall be made, varied, amended or repealed without consulting the Council.

(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 :-

(a) manner in which awareness is to be created in pregnant women for the purposes of

this Bill;

(b) mobilise resources for the effective implementation of this Bill;

(c) form in which educational camps where pregnant women would be informed

about various nutritional intake is to be conducted;

(d) form in which health camps in remote areas so as to ensure reduced infant

mortality rate is to be conducted;

(e) the terms and conditions of service of members of National Nutrition Council for

Pregnant Women;

(f) the powers and duties to be exercised and performed by the members of the

National Nutrition Council for Pregnant Women;

(g) the form in which the report is to be submitted by National Nutrition Council for

Pregnant Women;

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(h) form in which surveys are to be conducted for the purposes for this Bill;

(i) form in which monitoring is to be done in pursuance of this Bill by the National

Nutrition Monitoring Bureau;

(j) any other matter which has to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Bill shall be laid, as soon as

may be after it is made, before each House of Parliament while it is in session for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, the rule shall thereafter have effect only

in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

23. Power of State Government to Make Rules: (1) The State Government may,

simultaneously with the constitution of the State Nutritional Council for Pregnant Women,

make rules to carry out the purposes of this Bill;

Provided that when the State Nutritional Council for Pregnant Women has been constituted,

no such rule shall be made, varied, amended or repealed without consulting that Council.

(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:--

(a) the terms and conditions of service of the members of State Nutrition Council for

Pregnant Women;

(b) the powers and duties to be exercised and discharged by the chairman and the

member-secretary of the State Board;

(c) the form of submission of report to the State Legislature;

(d) the form in which the complaint is to be made to the grievance redressal officer;

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(e) the form in which the appeal is to be preferred to District Officer against the

decision of the grievance redressal officer;

(f) any other matter which has to be, or may be, prescribed.

(3) Every rule made by the State Government under this Bill shall be laid, as soon as may

be after it is made, before State Legislature while it is in session for a total period of thirty

days which may be comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the successive sessions

aforesaid, State Legislature agree in making any modification in the rule or State Legislature

agree that the rule should not be made, the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any such modification

or annulment shall be without prejudice to the validity of anything previously done under that

rule.

24. Steps to measure malnutrition.- The appropriate government shall take adequate steps

to measure malnutrition in pregnant women in India within one year of coming into effect of

this Bill.

25. Delegation of powers.- (1) The appropriate government may delegate such powers and

functions as it may deem necessary for carrying out the purposes of this Bill.

(2) The rules and regulations made under sub-clause (1) shall be laid down before

Parliament or the State Legislature within 21 days of such publication and if not duly passed

shall not affect the validity of any action taken in pursuance of such rules and regulations.

26. Removal of difficulties.- For removal of difficulties it is hereby stated in the Bill that the

appropriate government shall have such powers to issue notifications, orders, rules,

regulations and bye-law as may be necessary for that purpose from time to time.

27. Immunity for actions taken in good faith.- No suit or legal proceedings shall lie against

any authority empowered under this Bill for any action done or taken in good faith in

pursuance of provisions of this Bill.

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28. Generating Awareness.- (1) The appropriate government shall take appropriate and

adequate measures from time to time to generate awareness as regards nutrition for pregnant

women and also about the provisions of this Bill.

(2) For the purposes of sub-section (1) the appropriate government shall earmark such

sum from the Pregnant Women National Nutrition Fund and the Pregnant Women State

Nutrition Fund, as the case may be, from time to time.

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THE SCHEDULE

Nutrient Daily amount Benefit to your baby

Calcium 1,000 mg Grows strong bones and teeth, healthy nerves, heart, and

muscles; develops heart rhythm and blood clotting.

Choline 450 mg Helps brain cells develop properly; helps prevent neural tube

defects.

Chromium 30 mcg Promotes the building of protein in your baby's growing

tissues; regulates blood sugar levels.

Copper 1 mg Helps form heart, skeletal, and nervous systems, arteries,

and blood vessels

Folic Acid

at least 600 mcg during pregnancy Helps prevent neural tube defects; may reduce risk of other

birth defects; critical for DNA production (building block of

cells).

Iodine 220 mcg Regulates metabolism; helps nervous system develop.

Iron

27 mg (almost double the amount

for women who aren't pregnant)

Makes red blood cells; supplies oxygen to cells for energy

and growth; builds bones, cartilage, and other connective

tissue.

Magnesium

350 mg Helps build strong bones and teeth; regulates insulin and

blood sugar levels; builds and repairs tissue.

Manganese

2 mg Helps form bones and cartilage; helps protect cells from

damage; activates enzymes that help metabolize protein, fat,

and carbohydrates.

Pantothenic

Acid

6 mg Essential for production of hormones and cholesterol and for

the metabolism of carbohydrates, proteins, and fats.

Phosphorus

700 mg Builds strong bones; develops blood clotting, kidney

function, and normal heart rhythm.

Potassium

4,700 mg Helps maintain fluid and electrolyte balance; aids muscle

contractions, energy metabolism, and nerve function.

Riboflavin

1.4 mg Promotes growth, good vision, and healthy skin; essential for

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baby's bone, muscle, and nerve development.

Thiamine

1.4 mg Converts carbohydrates into energy; essential for brain

development; aids heart and nervous system growth.

Vitamin A

770 mcg RAE (retinol activity

equivalents) OR 2,565 IU

(international units)

Important for cell growth, eye development, healthy skin and

mucous membranes, infection resistance, bone growth, and

fat metabolism.

Vitamin B6

1.9 mg Aids metabolism of protein, fats, and carbohydrates; helps

form new red blood cells and develop the brain and nervous

system.

Vitamin C

85 mg Essential for tissue repair and the production of collagen (a

component of cartilage, tendons, bones, and skin).

Vitamin D

5 mcg (200 IU) or more Helps build bones and teeth.

Zinc

11 mg Aids cell growth; crucial for DNA production.