Section 40 — Power of State Government to make rules.

40. Power of State Government to make rules.—(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:— 

(a) guidelines for identification of priority households under sub-section (1) of section 10; 

(b) internal grievance redressal mechanism under section 14; 

(c) qualifications for appointment as District Grievance Redressal Officer and its powers under 

sub-section (2) of section 15; 

(d) method and terms and conditions of appointment of the District Grievance Redressal Officer 

under sub-section (3) of section 15; 

(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; 

(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; 

(g) method of appointment of staff of the State Commission, their salaries, allowances and 

conditions of service under sub-section (8) of section 16; 

 (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; 

 



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(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; 

(j) composition of Vigilance Committees under sub-section (1) of section 29; 

(k) schemes or programmes of the Central Government or the State Governments for utilisation of 

institutional mechanism under section 43; 

(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.