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
Cau...
Proposed Solution
Malnourished
Pregnant Women
Rise in Infant
Mortality Rate and
Maternal Mortality
Rate
Leads to
Malnouris...
Status Quo
0
50
100
150
200
250
Infant Mortality
Rate
Maternal
Mortality Rate
2011
2012
Persistent
Corruption
Ineffective
...
Nutritional Status
Right to Food
Food Security
•Food Supplements
under the Pregnant
Women (Right to
Nutrition) Bill
•Cash ...
National Nutrition Council for
Pregnant Women
National Institute of
Nutrition for Pregnant
Women
National Nutrition
Monito...
Distribution Structure
Ward commission or
Gram Panchayat
State Nutrition
Council
National Nutrition
Council
Central
Govern...
Fund Allocation
Central
Government
National Nutrition
Fund
High Performing
States Nutritinal
Fund (50:50)
Low Performing
S...
Penalty
District Authority
( Appeal within 30 days.)
Gram Panchayat
Grievance Redressal Officer
Imposes fine upto Rs. 10,0...
Mobilise
resources for
effective
implementati
on
Educational
Camps
Periodic
Surveys
Creating
Awareness
about
nutritional
r...
Impact Assessment
Decreased rate of malnutrition among
pregnant women
Overall economic growth
Decrease in IMR and MMR
Empo...
1 .Final report and recommendations_ malnutrition monitoring committee 2007-2012
2. Janani Suraksha Yojana Guidelines for ...
1
ANNEXURE
PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013
SYNOPSIS
Introduction…………………………………………………………………………………….3
Sections...
2
12. State Nutrition Fund...................................................................................................
3
PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013
INTRODUCTION
The honourable Supreme Court in People's Union of Civil Libe...
4
(ii) In India, approximately 63,000 women die every year due to pregnancy related
issue where malnutrition is the import...
5
PREGNANT WOMEN (RIGHT TO NUTRITION) BILL, 2013
A bill to guarantee the minimum level of nutrition to pregnant women in I...
6
(d) “Healthy living” means a state of body and mind that is capable of not only fighting with
the infirmity of diseases ...
7
CHAPTER II
GUARANTEE OF NUTRITION
3. Registration under Janani Suraksha Yojana Scheme.- All pregnant women who are
regis...
8
CHAPTER III
IMPLEMENTING AND MONITORING AUTHORITIES
5. Establishment of National Nutrition Council for Pregnant Women an...
9
(5) The Chairperson shall be the member appointed from Department of Women and
Child Development.
7. Constitution of a S...
10
CHAPTER IV
POWER, FUNCTIONS AND RESPONSIBILITIES
8. Power, functions and responsibilities of the National Nutrition Cou...
11
9. Power, functions and responsibilities of the State Nutrition Council for Pregnant
Women.- (1) The State Nutrition Co...
12
(5) There shall be constituted a working committee of 7 non-official members out of
which there should be four women me...
13
CHAPTER V
FUNDING AND BUDGETARY ALLOCATION
11. National Nutrition Fund.- (1) There shall be established by a notificati...
14
(3) The State Government may, by rules, determine the arrangements to be made for
the proper execution of the provision...
15
CHAPTER VI
DISTRIBUTION SYSTEM
16. Procurement of food supplements.- (1) The Central Government will take adequate and
...
16
ii. In cases of absence of representatives the ASHA and
Anganwadi workers are to be entrusted with such distribution.
17
CHAPTER VII
PENAL PROVISIONS
18. Penalty.- Any authority empowered under the Bill, acting in the contravention to the
p...
18
CHAPTER IX
MISCELLANEOUS
20. Overriding Effect.- The provisions of this Bill shall have effect notwithstanding
anything...
19
who vacated his office shall not be deemed disqualified for nomination or
appointment:
Provided that the National Nutri...
20
(h) form in which surveys are to be conducted for the purposes for this Bill;
(i) form in which monitoring is to be don...
21
(e) the form in which the appeal is to be preferred to District Officer against the
decision of the grievance redressal...
22
28. Generating Awareness.- (1) The appropriate government shall take appropriate and
adequate measures from time to tim...
23
THE SCHEDULE
Nutrient Daily amount Benefit to your baby
Calcium 1,000 mg Grows strong bones and teeth, healthy nerves, ...
24
baby's bone, muscle, and nerve development.
Thiamine
1.4 mg Converts carbohydrates into energy; essential for brain
dev...
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  1. 1. Theme : Nourish to Flourish Reducing Malnutrition in Pregnant Women PREGNANT WOMEN (RIGHT TO NUTRITION)BILL, 2013
  2. 2. 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
  3. 3. 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
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. 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
  8. 8. Fund Allocation Central Government National Nutrition Fund High Performing States Nutritinal Fund (50:50) Low Performing States Nutrition Fund (70:30) State Nutrition Fund
  9. 9. 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)
  10. 10. Mobilise resources for effective implementati on Educational Camps Periodic Surveys Creating Awareness about nutritional rights Ensure effective implementati on of the Act Healthy Camps to decrease infant mortality rate
  11. 11. 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
  12. 12. 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
  13. 13. 1 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
  14. 14. 2 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
  15. 15. 3 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.
  16. 16. 4 (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.
  17. 17. 5 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;
  18. 18. 6 (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.
  19. 19. 7 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.
  20. 20. 8 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.
  21. 21. 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.
  22. 22. 10 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.
  23. 23. 11 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.
  24. 24. 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.
  25. 25. 13 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.
  26. 26. 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.
  27. 27. 15 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.
  28. 28. 16 ii. In cases of absence of representatives the ASHA and Anganwadi workers are to be entrusted with such distribution.
  29. 29. 17 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.
  30. 30. 18 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
  31. 31. 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;
  32. 32. 20 (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;
  33. 33. 21 (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.
  34. 34. 22 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.
  35. 35. 23 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
  36. 36. 24 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.
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