The Targeted Public Distribution System (Control) Order, 2015: An Overview

The Targeted Public Distribution System (TPDS)

The Targeted Public Distribution System (TPDS), launched in June 1997, marked a shift in India’s food subsidy programme from universal coverage to a targeted approach by identifying Below Poverty Line (BPL) and Above Poverty Line (APL) households. The system incorporated the Antyodaya Anna Yojana (AAY) in 2000 for the poorest of the poor.

Since the implementation of the National Food Security Act (NFSA), 2013, the TPDS has been restructured under a legal entitlement framework, replacing the APL/BPL distinction with Priority Households (PHH) and retaining AAY households. Today, approximately 81.35 crore beneficiaries (as on 2025) are covered, receiving rice/wheat/coarse grains at subsidised rates (₹1–₹3 per kg) with fixed entitlements (5 kg per person per month for PHH and 35 kg per household for AAY).

The Targeted Public Distribution System (Control) Order, 2015

The Targeted Public Distribution System (Control) Order, 2015, issued by the Ministry of Consumer Affairs, Food and Public Distribution under Section 3 of the Essential Commodities Act, 1955, is the primary operational framework for the NFSA. It supersedes the 2001 Control Order and focuses on targeted delivery, digitization, transparency, and accountability to curb leakages.

Objectives and Scope

Core Aim: Secure food access for vulnerable populations by optimizing the supply chain, mandating end-to-end computerization, and enabling grievance redressal.

Legal Basis: Section 3, Essential Commodities Act, 1955.

Applicability: Nationwide, commencing on March 20, 2015.

Commencement: March 20, 2015 (date of publication in the Official Gazette). Provisions of the 2001 Order apply in states partially implementing the NFSA until full compliance.

PoS Authentication (Point of Sale Authentication) under the Targeted Public Distribution System refers to the digital verification system used at Fair Price Shops (FPS) to ensure that only genuine beneficiaries receive subsidized food grains allotted under the National Food Security Act (NFSA).

Key Provisions

The Order spans 18 clauses, addressing the entire distribution lifecycle from allocation to audits.

Enforcement and Penalties (Clauses 6-7)

• Search and Seizure: Designated officers (e.g., Food Inspectors) can inspect premises, seize misappropriated stocks/records.
• Penalties: Violations punishable under Section 7 of the Essential Commodities Act (up to 7 years imprisonment/fines); states enforce via licensing suspension/cancellation.

Significance and Reforms

The 2015 Order shifts from a supply-centric to a rights-based, tech-enabled model:

• Technology Integration: Mandates digitization, enabling schemes like One Nation One Ration Card (launched 2019).
• Leakage Reduction: Doorstep delivery to FPS and biometrics cut diversion by ~20-30% (per government reports).
• Inclusivity: Women-headed cards empower female-led households; focus on vulnerable groups.
• Accountability: Social audits and vigilance curb corruption, with real-time portals enhancing oversight.

Amendments (Post-2015 Updates)

The Order has been amended multiple times to adapt to technological advancements, demographic changes, and the need to reduce leakages/duplication:

• 2015 Amendment (minor clarificatory): Addressed AAY coverage expansion and initial de-duplication guidelines.
• 2024 Amendment (January 16, 2024): Strengthened digital verification norms, including enhanced Aadhaar seeding and beneficiary re-verification processes.
• 2025 Amendment (July 22, 2025): Introduces several key measures for ongoing verification and cleanliness of beneficiary databases, including: – Mandatory e-KYC for all ration cards every five years;
• Temporary disabling of ration cards unused for six consecutive months (with mandatory field verification and e-KYC completion within three months for reactivation);
• Prohibition on issuing separate ration cards for minors under 18 (they must be included in the family card);
• Mandatory Aadhaar capture and e-KYC for children within one year of turning five;
• Adoption of First-In-First-Out (FIFO) principle for issuing new ration cards where quotas are exhausted;
• Additional de-duplication and Aadhaar linkage requirements.

These updates align closely with Digital India initiatives, promoting continuous authentication, real-time monitoring, and efficient targeting of subsidies amid evolving demographics and migration patterns.

Role and Powers of Police under the Targeted Public Distribution System (Control) Order, 2015

The TPDS (Control) Order, 2015 (including all amendments up to 2025) does not confer any direct or standalone powers on the police. The Order is essentially an administrative and regulatory framework enforced primarily by the Department of Food & Civil Supplies through its designated officers, inspectors, vigilance committees, and appellate authorities.

Police intervention arises only indirectly through the parent statute – the Essential Commodities Act, 1955 (ECA) – under which the TPDS Order has been issued (Section 3 of ECA). Violations of the TPDS Order are therefore treated as violations of an order made under the ECA and attract penalties under Section 7 of the ECA (imprisonment up to 7 years and/or fine). Most such offences are cognizable and, in many cases, non-bailable.

Powers of Police (Applicable Pan-India, including West Bengal)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaced the CrPC effective 1 July 2024 — enforcement powers against Public Distribution System (PDS) violations remain robust and fully aligned with the Essential Commodities Act, 1955 (ECA). Serious contraventions (e.g., diversion, hoarding, black-marketing, or forgery of ration documents) under Section 7 ECA are cognizable and non-bailable offences, enabling:

• Arrest without warrant under Section 35 BNSS (read with Section 7 ECA).
• Search and seizure primarily under Section 105 BNSS (with mandatory audio-video recording, preferably on mobile) supplemented by confiscation powers under Sections 6A–6E ECA; joint operations with Food & Civil Supplies officials are standard practice.
• FIR registration and investigation under Section 173 BNSS for cognizable offences, with procedural safeguards and timelines as per Chapters XIII–XIV BNSS.

These provisions ensure seamless continuity from the CrPC era while introducing greater transparency (e.g., videography, victim updates within 90 days). Exercise of powers remains subject to state-specific guidelines and administrative coordination, but statutory police authority is clear and proactive for grave PDS leakages/fraud.

Practical Limitations and State Practice in West Bengal

In practice, police involvement in Public Distribution System (PDS) enforcement in West Bengal remains limited despite legal powers under the Essential Commodities Act, 1955. Police cannot independently inspect Fair Price Shops or godowns, and inspections occur only with Food & Civil Supplies officers. FIRs are typically registered only upon written complaints from authorised PDS officials, with suo motu action occurring mainly when police seize diverted food grains during unrelated operations. Routine supervision tasks—such as stock verification, Aadhaar/e-KYC validation, and social audits—remain exclusively with civil administration. Thus, police powers are largely reactive and complaint-based, while primary enforcement responsibility continues with the Food & Supplies Department to maintain specialised operational control.

Loopholes in the Control Order:

Despite being a major operational reform instrument, the Targeted Public Distribution System (Control) Order, 2015 has several structural limitations:

1. it is fundamentally an executive order issued under Section 3 of the Essential Commodities Act, 1955, and may be amended or diluted through simple gazette notifications without parliamentary oversight;
2. it does not create enforceable rights—beneficiaries’ entitlements arise exclusively from the National Food Security Act, 2013, while the 2015 Order only prescribes operational norms and penal provisions;
3. enforcement remains predominantly with the civil administration (Food and Civil Supplies Department), with limited or no independent policing powers in most states, resulting in weak and delayed action against diversion and malpractices;
4. penalties continue to rely on the decades-old Essential Commodities Act, 1955, whose stringent provisions (including imprisonment up to seven years) are rarely invoked, leading to weak deterrence;
5. the absence of statutory timelines or enforceable mandates for social audits and vigilance committees undermines transparency and public participation; and
6. the framework does not expressly address fiscal accountability of states or provide mechanisms to recover financial losses arising from diversion or systemic leakage.

These structural gaps explain why, despite full digitisation, Aadhaar-based authentication, and PoS tracking, leakage levels in several states continue to remain between 15–30% (as reflected in the Economic Survey and CAG performance audits).

Court Judgments

1. Shanta Sinha vs. Union of India (WP (C) 857/2015)

Supreme Court held Right to Food as absolute under Article 21. No eligible beneficiary can be denied ration due to Aadhaar biometric failure or non-linkage. States mandated to provide alternative identification and manual override mechanisms, prohibiting exclusion solely on technological grounds under the 2015 Control Order.

2. In Re: Problems and Miseries of Migrant Labourers (Suo Motu WP (C) 6/2020)

Court directed immediate nationwide rollout of One Nation One Ration Card (ONORC) scheme for full portability of NFSA benefits. Governments ordered to complete registration of unorganised/migrant workers on eShram portal, ensuring seamless, Aadhaar-enabled ration access anywhere in India under the 2015 Order.

3. Swaraj Abhiyan vs. Union of India (WP (C) 1039/2015)

Court enforced mandatory provisions of the 2015 Control Order and NFSA, directing all States/UTs to establish functional Grievance Redressal Mechanisms (toll-free helplines, nodal officers) and conduct regular Social Audits of PDS for transparency, accountability, and community monitoring of fair price shops.

Conclusion

The Targeted Public Distribution System (Control) Order, 2015 is the main operational framework of the National Food Security Act (NFSA). It helps ensure affordable food grains for nearly 80 crore people in India. The Order introduced end-to-end computerization and Aadhaar-based authentication, which has made the public distribution system more transparent and efficient, with fewer leakages and misuse of subsidized food grains. It also strengthened accountability through social audits and vigilance committees.

However, challenges still remain, especially in remote areas where connectivity, transport, and documentation issues affect last-mile delivery. Despite these gaps, ongoing revisions and improvements to the Order help it stay relevant and effective in addressing food insecurity in India.