19
Registered No. HSE/49 , P' r ice . Rs, 15O Paine- L 1^ L THE ANDHRA PRADEJSH GAZETTE PART IV- B EXTRZAORDII\ARY PUBLISHED BY AUTHORITY No. ) H DER.A AD, THURSDAY JANUARY 24, 2013. ANDHRA PRAD ES U ACTS, ORDINANCESAND REGULATIONS Etc. The Follo w ing Act of the Andhra Pradesh Legislature received the assent of the Governor on the 24th January, 2013 and the said assent is hereby first published on the 24th January, 2013 in the Andhra Pradesh Gazette for general information. ACT No 1 OF 2013. AN ACT ANDHRA PRADESH SCHEDULED CASTES SU3PLAN AND TRIBAL SU -PLAN (PLANNNG; ALLOCATION AND UTILISAT ON OF FINANCIAL RESOURCES) ACT, 2013. ARRANGEMENT OF CLAUSES PREUMINARY 1. Short title, extent, commencement, duration and savings. 2. Definitions. Eli A.565 4

SC ST Sub Plan Act 2013

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Page 1: SC ST Sub Plan Act 2013

Registered No. HSE/49 , P' r ice . Rs, 15O Paine-

L 1^ LTHE ANDHRA PRADEJSH GAZETTE

PART IV-B EXTRZAORDII\ARY

PUBLISHED BY AUTHORITY

No. ) H DER.A AD, THURSDAY JANUARY 24, 2013.

ANDHRA PRAD ES U ACTS, ORDINANCESANDREGULATIONS Etc.

The Following Act of the Andhra Pradesh Legislature

received the assent of the Governor on the 24th January,

2013 and the said assent is hereby first published on the

24th January, 2013 in the Andhra Pradesh Gazette for

general information.

ACT No 1 OF 2013.

AN ACT ANDHRA PRADESH SCHEDULED CASTES

SU3PLAN AND TRIBAL SU -PLAN(PLANNNG; ALLOCATION AND UTILISAT ONOF FINANCIAL RESOURCES) ACT, 2013.

ARRANGEMENT OF CLAUSES

PREUMINARY

1. Short title, extent, commencement, duration and

savings.

2. Definitions.Eli

A.5654

Page 2: SC ST Sub Plan Act 2013

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY Part IV-B

PLANNlNG$ RE SOURCE ALLOCATIoNN FORSCHEDULED CASTES SUB-PLAN AND TRIBALSUB PLAN FUNDS AND SCHEMES

3. Earmarking of Scheduled Castes Sub-Plan/TribalSub-Plan Fund from Plan outlays.

4. Communication of Plan outiay earmarked asScheduled Castes Sub-Plan/Tribal Sub-Plan Fund to thedepartments.

5. Schemes to be included under the ScheduledCastes Sub-Plans and Tribal Sub-Plans.

6. Promotion of equity among Scheduled Castes andScheduled Tribes.

7. Obligation to cover Scheduled Castes/ScheduledTribes in general schemes.

8. Formulation of Scheduled Castes Sub-Plan/TribalSub-Plan schemes and preparation of Sub-Plans by thedepartments.

g . Submission of Sub-Plans proposed to be includedin the Annual Plan for appraisal.

CHAPTER-fit

APPRAISAL, ALLOCATION OF SCHEDULEDCASTES SUB-PLAN /TRIBAL SUB-PLAN FUND ANDAPPROVAL OF THE SUB-PLANS

10. Appraisal of the Scheduled Castes Sub-Plan andTribal Sub-Plan Schemes by the Nodal Agencies.

11. Allocation of Scheduled Castes Sub-Plan Fundand Tribal Sub-Plan Fund for financing the ScheduledCastes Sub-Pan/ T ribal Sub-Plan schemes included in theSub-Plans.

Page 3: SC ST Sub Plan Act 2013

January 4, 20 31 ANDHRA PRADESI i GAZE TE EXTRAORDINARY 3

1 2. Recommendation by the Nodal Agencies andNodal Departments.

CHAPTER-IV

BUDGET PROVISIONING, DISTRIBUTIONAND STRENGTHENING OF IMPLEMENTATIONMACHINERY

13. Budget allocations.

14. Scheduled Castes Sub-Plan and Tribal Sub-Planwing in Finance Department.

15. Budget Release Orders,

CIAP°E.V

INSTIT TiONAL ARRANGE ENTS

16. State Council for Development of ScheduledCastes/Scheduled Tribes.

17. Functions of the State Council.

18. Nodal Agency and Nodal Department_

19 - Funct ions of the Nodal Agency and NodalDepartment.

20. Administrative and technical support to NodalDepartment for Scheduled Castes ;Sub-Plan/Tribal Sub-Plan. lan.

21. Department level Sub- Pun Support Unit

22. i mplementation of Scheduled Castes Sub-Plan/Tribal Sub-Pian schemes in the districts.

23. institutional strengthening for effectiveimplementation and monitoring.

Page 4: SC ST Sub Plan Act 2013

4 ^_ ANDHR PRADES ? GAZ T -E EX.' RAORDI sARY — , ,— Par i v—S

C HAPTER Vi

TRANSPARENCY AND ACCOUNTABRJTy I NTHE IMPLEMENTAI1oN OF SCHEDULED CASTESSU -PLAN/T I _ L SU -PLLAN

24. Transparency and accountability.

25. Incentives and penalties_

26. Annual Report to be placed before StateLegislature.

27. Power to make Rules.

28. Power to remove difficulties.

ANDHRA PRADESH SCHEDULED CASTES. SUB-PLAN AND TRIBAL SUB-PLAN (PLANNING,ALLOCATION AND UTILISATION OF FINANCIALRESOURCES) ACT, 2013.

An Act to ensure, accelerated development ofScheduled Castes and Scheduled Tribes with emphasison achieving equality in the next ten years focusing oneconomic, educational and human development along with .ensuring the security and social dignity and promoting equityamong Scheduled Castes and the Scheduled Tribes, byearmarking a portion, in proportion to population ofScheduled Castes and Scheduled Tribes in the State, ofthe total plan outlay of the State of Andhra Pradesh as theoutlay of the Scheduled Castes Sub-Plan/Tribal Sub-Planof the State and ensuring effective institutional mechanismsfor the implementation and for matters connected therewithor incidental thereto.

Be it enacted by the Legislature of the State ofAndhraPradesh in th e Sixty-third year of the Republic of India asfollows:

Page 5: SC ST Sub Plan Act 2013

Jamul • 4 I u - -.; ..r-,..,^ .-< n-^`-^^-r_ G1^E #^L^, ^R ,' ., GAZETTE EXTRAORDINARY S

CHAPTER

ER—a

(1) This Act may be called the Andhra PradeshScheduled Castes Sub-Plan and Tribal Sub-Plan (Planning,Allocation and Utilization of Financial Resources) Act, 2013.

(2) it extends to the whole of the State of AndhraPradesh.

(3) it shall come into force on such date as the StateGovernment may, by notification in the Andhra PradeshGazette, appoint, and different dates may be appointed fordifferent provisions of this Act.

(4) it shall cease to have effect after the expiry of tenyears from the date of commencement, except in respectof things done or omitted to be done before such cesserand upon such cesser the Andhra Pradesh General ClausesAct, 1891, shall apply as if this Act had been repealed by aState Act.

2. In this Act, unless the context otherwise requires,-

(a) "The Department" means any GovernmentDepartment concerned with implementation of the planschemes for the welfare of Scheduled Castes andScheduled Tribes;

(b) "Gaps in development" means differences indevelopment indicators of Scheduled Castes/ScheduledTribes when compared to the state averages, as.may beprescribed particularly relating to human and economicdevelopment;

(c) "General Schemes" means schemes includedin the Annual Plans of the Departments which benefit allsocial groups including Scheduled Castes and ScheduledTribes;

(d) " Government" means, the State Governmentof Andhra Pradesh;

P= alinenaryShorttile,extent,COL -rence-ment,durationandsavings.

Metini-tions.

Page 6: SC ST Sub Plan Act 2013

A yDHRA PRADES H G IVE T TA X g RAo RU? J rp p

(e) Agencync •, for SCSP" means thecommittee headed by !Minister of Social Welfare;

(f)"Nodal Agency for TSP ss means the committee

headed by the Minister of Tribal Welfare;

(g) "Nodal Department" means Social Welfare

Department for Scheduled Castes Sub-Plan and TribalWelfare Department for Tribal Sub-Plan;

(h)"Notification" means notification published in

the Andhra Pradesh Gazette and the word Notified' shallbe construed accordingly;

(i)"Prescribed" means prescribed by theGovernment by rules made under the Act;

(j) L6 Stafe Council" means State Council for

Development of Scheduled Castes and Scheduled Tribes

constituted under the Act;

(k) "Schedued Castes and Scheduled Tribes"shall have the meanings assigned respectively underclauses (24) and (25) of article 366 of the Constitution ofIndia;

(l "Scheduled Castes Sub ian (SCSP)" means

the Plan approved by the State Council for inclusion in the

Annual Plan of the Department to bridge the gap in

development of Scheduled Castes and shall include theSC component of general schemes;

(m) "Tribal ,Sub-Plan (TSP)" means the Plan

approved by the State Council for inclusion in the Annual

Plan of the Department, to bridge the gap in development

of Scheduled Tribes and shall include the ST componentof general schemes;

(n)"Scheduled Castes Sub-Piarnf 'ribai Sub-Plan

Fund" means a portion of the total plan outlays of the State,

in a financial year, as earmarked under the section 3;

(o)"Schedule Castes Sub-Pla f7'ribai Sub-PlanSchemes" means the Scheduled Castes Sub-Plan/Tribal

Page 7: SC ST Sub Plan Act 2013

Jaa^a z C ' 1^ Q_HR ? l^f^F{!:}! .S N GAZETTE EXTRAS !?DI NARY

Sub-P3an schemes included in the Scheduled Castes Sub-Plan/Tribal Sub-Plan of the Departments;

(p? "Scheduled oasteISchedu!ed Tribe

habitation" means any habitation where population ofSc

heduled Castes or Scheduled Tribes or combinedpopulation of Scheduled Caste-: and Scheduled Tribes isnot less than 40% of the total population of the habitation:

(q) "Sub-Plans" means Scheduled Castes Sub-Plan(SCSP) or Tribal Sub-Plan (TSP) or both;

(r) "Scheduled Areas" means areas notified underPart C of Fifth Schedule to Constitution of India;

(s) "Report regarding administration ofScheduled Areas" means the Report by the Governor tothe President of India regarding administration of ScheduledAreas as mentioned in paragraph 3 of PartA of Fifth Scheduleto Constitution of India.

(t) "A.P. Tribes Advisory council" means the TribesAdvisory Council as mentioned in paragraph 4 of Part B ofFifth Schedule to Constitution of India."

CHAPTER-11

PLANNING, RESOURCE ALLOCAT?ON FORS

CHEDULED CASTES SUB-PLAN AND TRIBAL SUB_ Eannar-PLAN FUNDS AND SCHEMES king of

3. The State shall, in every financial year, earmark in l ^ -such manner as may be prescribed, a po rt ion of the total CastesPlan outlays of the State which shall be proportionate to the Sub-Scheduled Castes/Scheduled Tribe population of the State, Plan/to be called as Scheduled Castes Sub-Plan and Tribal Sub- Sub-^tPlan Fund: Plan

FwdProvided that, the Fund to be earmarked is determinedfrom

at least 6 months prior to commencement of the next Planfinancial year: outlays.

Page 8: SC ST Sub Plan Act 2013

8 ANDHRA RRADESH GAZETTE L :TRAORPJ . NARY [('art IV-F3

Provided further that, the Scheduied Castes Sub-Planand Tribal Sub-Plan Fund outlay shall be revised accordingto State Annua' Plan final outlay and:

Provided also that the expenditure of the SCSP/TSPFund shall be accounted for in the manner hereafterspecified in this Act.

C °̂ 4. The department as may be authorized by theof Plan Government shall, every financial year, communicate, inoutlay

the manner prescribed, to the other departments, a tentativeear-

plan outlay out of Scheduled Castes Sub-Plan / Tribal Sub-markedas Plan Fund as earmarked under Section 3 for preparationSched - of respective department wise Scheduled Castes Sub--Plan/Wed Tribal Sub-Plan.CastesSub-Plan{TribalSub-PlanFund tothedepart-ments.

Schemes 5, The Sub-Plans of the departments shall include

included only such schemes that secure direct and quantifiableunderthe benefits to the Scheduled Caste / Scheduled TribeSched - individuals or Scheduled Caste/Scheduled Tribeuled

households or Scheduled Caste/Scheduled TribeCastesSub-plans habitations or Tribal areas and that have the potential toand bridge the gaps in development following the norms laidTribal

down in this Act and the rules made thereunder:Sub-Plans.

Provided that the schemes should be consistent withthe Annual and Five Year Plans and priorities of the State ofAndhra Pradesh as may be communicated by the Planningdepartment.

Page 9: SC ST Sub Plan Act 2013

Januarry 24, 201 ANDHRA PRADESH GAZETTE EXTRAORDINARY 9

6. The departments shall prepare Scheduled Castes Promo-Sub-Plan/Tribal Sub-Plan to promote equity in the tionof

equitydevelopment among various social groups within among^ amongScheduled Castes / Scheduled Tribes and focused Sched-development of backward Scheduled Caste/Scheduled wedTribe habitations. In case of Tribal Sub Plan, Special attention tes

shall be paid to Scheduled Tribes residing in the Scheduled Sched-Areas. uled

Tribes.

7. The departments shall ensure coverage of Ohhga-Scheduled Castes/Scheduled Tribes in the ongoing general lion toschemes consistent with their eligibility for the same.

cower

Sched-WedCastes/Sched-WedTribes ingeneral

schemes.

8. On receipt of communication under section 4, each 'ormu.-department, shall, after estimating the gaps in the JationOdevelopment of Scheduled Castes/Scheduled Tribes,prioritize the development needs of Scheduled Castes! castesScheduled Tribes through 2 consultative process, as may Sub-be prescribed, and shall formulate the ,Scheduled Castes plantSub-P!anilribal Sub-Plan schemes and prepare the Sub-

Triba

Sub-Plans comprising of the Scheduled Castes Sub-Plan/Tribal PlanSub-Plan schemes, with in the State Plan priorities as schemescorrimunciated under section 5; 2K1d

prep4ra-tion ofSub-Pianns bythedepart-ments.

A. 565-

Page 10: SC ST Sub Plan Act 2013

10 ANDHRA PRADESH GAZETTE EX TRAORDINARY [Part IV'-'B

Submis-sion of

Pais

proposedto be

inddudedin theAnnual

roan [or

2p-h E aisaL

Anp1a..a

-

sal ofthe

SchellWedCastesSub-planand

TribalSub--PlanSchemesby theNodalAuen-cie-,

9. Each Department, excluding the departmentsse parate y no?3 sed {under , this Acid, s 3ais submit, each year.

to the res e ti°fie Nodal De ar menu the Sub_Plans

comprisng Scheduied Castes Sub-Flan/ `ib ±° Sub...F an

Schemes opo id to be included in the Annua s Pars, for

appraisal by the Noaa . i ncy wthin .E=thin the time

frame and in the format, as may be prescribed.

. ALLOCATON OF SCHEDULED

CASTE S B [`d^ r P r / B^ S ^;B P r^ !. 5 ^, r r ^ 5,. F̂ AND D

,^ m 3^ `n y-- ^9"^^ ^a. 0 ^'^^ ac des s"A^:.. ^ ^> 'x .b`i.^c^ fi s.il ^ 4..> G`+,i,? ^L' L.t^

APPROVAL OF T HE. U -F I LA NS

^^ L-€ ^} ^'Y e y^ oSdra"! f^

Agency

di Caste_ Sub-8 i:. The 1 wa ! ^ 4J O.d'^F :"'^^^! ^, 3^ !^^'<.35 ka 1,

e ;..!

u

Ys fi an/ a T P3 ,in, shall take up appr.aisa-, of the

ScheduiedCastesSuo-Pan sc € p ' ;° and `";+oc Sub-Pan

schemes ` nes res ect€v'e yt submitted by departments. o ensure

conformftywith the conditions and dorms laid down in the

Act.

Alloca- . 11. The respective Nodal Agency, while indicatingtioni allocation of Scheduied Castes Sub-Plan Fund and TribalSched- Sub-Plan Fund to the chedLied Castes Sub-Pian/Th bWed

schemes f= ao o normsSub-Plan . Chemes shai..^^:ie the !e.E.:^n^i^ ^o ^ ame4y;-Castes

Page 11: SC ST Sub Plan Act 2013

•.} a r ^

ra [

".GV 2 V J A[ 11 3• pR ., . 3 `I I P r r7rFrE TRAnRrNARy

(a) for scheR -as excit? ve; L;. J Scheduled ' yq3 =:e.zCaste: :.,3ch er3i f e( Tribe

Rre^E i -^r ;^ ii i ±I `..l : s..'. Caste! :E R^''r*15;

r. wx.

Scheduled Trib e households, ., 00% . f ^

!r} [ ^ P_ U

F )) lJ : scheme cost -^kl ^ f!:^3P^"^ h^

be allc at ^.b ;..R=

Sub-Pi. n/Tribal ub--Finn fund; Fun for

T flmg(b) for schemes Jenetitting Scheduled Caste / t o

Scher =._tied Tribe habitatBons, 100% o scheme cost Shall Sdied-be afl ocaled and accounted under Scheduled st

'a..a `̂ ^}'®•..::f ^ u, _6_ w ^,--- 4

.7 .. ^^€

Suh- ian $ ribC ! w^"

`^• 3 b. Pint^ f unC

J9 n case of habitations^^ ^e: Castes u• eS

the cost shall be aiiocla e d and accounted `or under SScheduled Castes Sub-P lan/Tribal Sub-Plan in -tart/p roportion of the Population of the Scheduled Castes or Schedule g

Tribes S lb- ' al

Sc roe •n es(L) forfr general schemes, inciu efd in the Sub-Puns

'included

benefitting Scheduled Caste/Scheduled Th .F?_:: dividuais or ntheSched'~uie :aste!'Sohedul . c ` ribe h;- i ce. ,h f

ds ion, "f h Sk P€ 0.

others, the scheme I e cost shah be a &"+1 c S l

for under Scheduled Castes S y-

p oportion to the Scheduled Caste/Scheduled gibebeneficiaries covered;

(d) in respect of non-divisible infrastructure worksa portion of the scheme cost as may be determined by theGovernment shell be deemed to have been attributed forScheduled Castes Sub-Plan and Tribal Sub-Planrespectively.

12. The schemes that = i iii the Horns laid downin he ec -

Act shall be recommended by Nodal Agency for Social enda-Welfare and Nodal Agency for Tri bal Welfare for in'eciL.Usio ^ t ^ Y

thein the Annual Plan orepesals of the departments and r caaggregated for placing before the State Council for Agea-

Development of Scheduled Castes and Scheduled Tribes cues dfor consideration and approval as pre-hi^dget process. ^^ e}^; r*-

ne Y.

Page 12: SC ST Sub Plan Act 2013

12 A DHRA PRADESI- GAZE TE =YTRAORDINARV _tom-S

CHAPTERVBUDGET P ROVISIONiNG3, WSTRIBUTION

AND STRENGTFFNNG OF M PLEMENTATONOMACHINERY

Budget13. The budget approved by the State Council forailoca-

tions. Scheduled Lastes Sub-P are/Tribal Sub-Plan shall beincluded in the Demands for Grants for the departmentsunder the relevant head of account for the ScheduledCastes Sub-Plan/Tribal Sub-Plan.

Seed- 14. There shall be an exclusive Secretary, Finance inuled

Finance Department for performing the functions relatingCastesSub-Plan to Budget implementation and allocation according to theand provisions of this Act within the overall discipline of the waysTribal

and means position as determined by the FinanceSub-Planwing in department.FinanceDepart-ment.

Budget15. Budget Release Orders shall be issued to eachRelease

epad a t!'nent,Orders. for the amountprovided in the BuEstimates for Scheduled Castes Sub-Plan/ T .ribal Sub-Planimmediately after passing of the budget by the StateLegislature in accordance with the schedule and normsprescribed.

CH PTER-v!NSTlTUTIONAL ARRANGEMENTS

State16. (1) As soon as maybe, after the commencementCouncil

for of this Act, the Government shall, by notification, constituteDevelop- a Council under the Chief Minister, to be known as the Statementof Council for Development of Scheduled Castes andSchedule Scheduled Tribes to exercise the powers Conferred and to

Page 13: SC ST Sub Plan Act 2013

January 24, 20131 ANDHRA PRADE SH GAZETTE EXTRAORDINARY 13

permform the functions assigned to it under the Act and the Sched-rules made thereunder. `led

Tribes.

(2) The State council shall meet at least twice in ayear.

17. The State Council shall,- Func-a advise the State Government on all the policy

the State

o) p y the ta#e

matters relating to Scheduled Castes Sub-Plan/Tribal Sub- council.Plan;

(b)suggest measures for proper planning andimplementation of the schemes by the departments;

(c)approve the Annual Scheduled Castes Sub-

Plan/Tribal Sub-Plan proposals of the Departments;

(d) pe rform such other functions as may beprescribed.

18. (1) Nodal Agencies headed by Ministers of Social Ncdaland Tribal Welfare, shall be constituted in theWelfare

manner prescribed, for Scheduled Castes Sub-Plan and N odalTribal Sub-Plan respectively and shall exercise the powers Depart

-conferred and perform the functions assigned under this ment.,

Act.(2) The Social Welfare Department and Tribal

Welfare Department shall act as Nodal Departments forassisting the respective Nodal Agency to perform itsfunctions and exercise its powers.

19. The respective Nodal Agency with the assistance `unc-

fi®TS ofof the respective Nodal Department shall,- ^,r I

(1) Evaluate and appraise Scheduled Castes Sub-- AgencyPianlTribal Sub-Plan proposed by the departments for :Nodalensuring conformity to the provisions of this Act; Depart-

merit.(2) Prepare State Scheduled Castes Sub-Plan/

Tribal Sub-Plan for pacing before the State Council for

A. 565-3

Page 14: SC ST Sub Plan Act 2013

14 ANDHRA PRADESH GAZETTE EXTRAORDINARY -[art IV-B

Development of Scheduled Castes and Scheduled Tribesfor consideration and approval;

(3) Recommend reallocation of Scheduled CastesSub-Plan/Tribal Sub-Plan funds from a department to other

department;

(4) Review the implementation and monitoring ofthe Scheduled Castes Sub-Plan/Tribal Sub-Plan

programme;

(5)Jdentify impediments and suggest measures forovercoming the impediments;

(6) Co-ordinate with the departments for preparation

of State level and district level Scheduled Castes Sub -Plan!Tribal Sub-Plan;

(7) Maintain transparency in expenditure; maintainscheme wise; district wise, village wise and beneficiarywise details as may be prescribed; set up a web portal fortracking the progress of the implementation, expenditure,output and outcome indicators as may be prescribed of

Scheduled Castes Sub-Plan/Tribal Sub-Plan;

(8) Facilitate at least annual social auditing ofexpenditure of Scheduled Castes Sub-Plan/Tribal Sub-Planfunds and facilitate analysis of improvement in HumanDevelopment Index against the projections for the State and

district:

Provided that the directions of the Nodal Agency shallbe binding on the Departments...

Page 15: SC ST Sub Plan Act 2013

January 24, 2013j_ ANDHRA PRADESH GAZETTE EXTRAORDINARY 15

20. The Government shall appropriately strengthen the Ad -Nodal Departments of Social Welfare and Tribal Welfare istrative

aidwith an Administrative and Technical Suppo rt Unit and a techni-Sub-Plan Research Centre as may be prescribed, to calpe rform the functions and discharge the duties assigned to supportit and to assist the respective Nodal Agency. to Nodal

Depart-ment for.Sched-

uled

CastesSub-Plan/TribalSub-Plan.

21. The departments as identified by the State Council p3may establish a Sub-Plan Support ..nit, as maybe :,levelprescribed to manage the re: epeect ie Scheduled Castes Sub

-Sub-Plan and Tribal Sub-Plan.Support

Unit.

22. (i'_ The Government shall constitute a District 1rpie-Monitoring Committee in :-ac h district with the Dtrict

Ala r as ^; which ^, fl 4,-,. c`aCollector as it . Chairman, s: ^^^:^ ^,.^ responsible for Sched-

rnpemerta4n ° f 4 net. ! # C ses u l P lan; i ibal Wr

.t astesLL

& b"an In B 9e thsti ict.

Plan/

" • bail

(2) he D z t3 acs Planning Com k sni 'ttees of each, district Sib#^ tonshah review the ° ''R ple menta€;on of Scheduled Castes pub- e.

Piaiu Friba: Sub -Pian pe- .ri :.E . . ally- HI the

Districts.

Page 16: SC ST Sub Plan Act 2013

16 ANDHRA PRADESH GAZETTE EXTRAORDINARY Part IV-BInstitu-

23. The respective departments of Government shalltional t - take such measures as may be necessary for institutional

enin g gor strengthening of State, District and Sub-District units by

effective providing necessary guidelines, staff and training to the staffimplement-

in the manner prescribed, for effective implementation andation andmonitor- monitoring.ing.

CHAPTER-VI

TRANSPAREN CY AND ACCOUNTABILITY IN THEI MPLEMENTATION OF SCHEDULED CASTES SUB-PLAN/TRIBAL SUB-PLAN.

Trans-24(1) Each department shall ensure transparency andparency

accountability at all levels in the implementation ofaccount- Scheduled Castes Sub-Plan and Tribal Sub-Plan schemes.ability.

(2) Each department shall, host the documents,as may be prescribed in public domain.

Incen- 25. Government shall formulate an appropriatetivesand scheme, to award incentives for commendablepenalties.

performance and disincentives for proven negligence andlack of due diligence, in discharge of responsibilities underthis Act by any functionary or official concerned:

Provided that disciplinary action shall be governed bythe relevant service/disciplinary rules applicable to theGovernment officials and functionaries.

Annual 26. The Nodal agency shall place before the StateReportto Legislature, an Annual Report on outcome of implemen-beplaced

tation of Scheduled Castes Sub-Plan/Tribal Sub-PlanbeforeState containing department-wise achievements and theL egisl :- un-utilised funds during the financial year under report. Thetore• report on TSP to the extent of scheduled areas shall form

part of the Report regarding the administration of scheduledareas to be submitted to Governor in consultation with A. P.Tribes Advisory Council.

Page 17: SC ST Sub Plan Act 2013

January 24, 20-131 ANDHRA P RADESH GAZETTE EXTRAORDINARY 17

27.(1) Subject to the other provisions of this Act, the Power to

Government may, by notification, make rules for carrying '''ake

out all or any of the purposes of this Act. Rules.

(2) In particular and without prejudice to thegenerality of the foregoing power, such rules may providefor all or any of the following matters, namely:

(a) determination of gaps in development ofScheduled Castes and Schedule Tribes under section 2;

(b) earmarking Scheduled Castes Sub-Plan/TribalSub-Plan Funds from the plan outlays under section 3;

(c) identification of Scheduled Castes Sub-Plan/Tribal Sub-Plan Schemes and preparation of Sub-Plans bythe departments under section 8;

(d) preparation of budget proposal of ScheduledCastes Sub-Plan/Tribal Sub-Plan for appraisal by the NodalDepartments under section 9;

(e) strengthen the Finance Department formonitoring expenditures under the Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 14;

(f) constitution of, and transaction of business inthe State Council for development of Scheduled Castesand Scheduled Tribes; the qualification, disqualification andother allowances to the non-official members of the StateCouncil under section 16;

(g) constitution of Nodal Agencies for ScheduledCastes Sub-Plan and Tribal Sub-Plan under section 18;

(h) maintenance of a web portal by the Nodal Agencyunder section 19;

(i) constitution of Administrative and TechnicalSupport Unit in respective Nodal Department for ScheduledCastes Sub-Plan /Tribal Sub-Plan under section 20;

(j) constitution of Sub-Plan Support Unit at depart-ment level under section 21;

Page 18: SC ST Sub Plan Act 2013

18 ANDHRA. PRADES -! GAZETTE EXTRAORD NARY ,'art lip B

(k) constitution of District Monitoring Committeesand the connected matters under section 22;

(I) institutional strengthening at State, district andsub-district level for ensuring effective implementation,awareness, mass contact programme, socia9 audit andmonitoring of Scheduled Castes Sub-Plan and Tribal Sub-Ran under section 23; and

( m) procedures for ensuring transparency andaccountability in the implementation of Scheduled CastesSub-Plan and Tribal Sub-Plan under section 24.

(3) Every rule made under this Act shall, immediatelyafter it is made, be laid before the Legislature of the State,if it is in session and if it is not in session, in the sessionimmediately following for a total period of fourteen dayswhich may be comprised in one session or in twosuccessive sessions and if, before the expiration of thesession in which it is so !aid or the session immediately

following the Legislature agrees in making any mbdificaticnin the rule or in the annulment of the rule, the rule shall,from the date on which the modification or annulment isnotified, have effect only in such modified form or shall standannulled as the case may be so, however, that any suchmodification or annulment shad be without prejudice to thevalidity of anything previously done under that rule.

Power 28. (1) ;E any difficulty arises in giving effect to theto provisions of the Act, the Governme1 inay, by order, makeremove

such provisions or give such directions not inconsistent

cu!ties. with the provisions of the Act as may appear to it to benecessary or expedient for the removal d ► ter. ditf;cuRy:

Provided that no such power shall be exercised afterthe expiry of a period of two years from the commencementof this Act.

Page 19: SC ST Sub Plan Act 2013

Ja;juaj _ 24.20 1 3 ANQt ±EPESH GAZETTE EX ; RACRDi[^FR Y 19

(2) Every order race uncle; this section shall belaid, as soon as it is made, before each House of the StateLegis'ature.

R. DAMODAR,Secretary to Government,

Legislative Affairs & Justice (F.AC),Law Department.

PRINTEDANE PUBLISHED BY THE CQMMISSIONEROF PRINTJNG,

AT LEGISLATIVEASSEMBLY PRESS, HYDERABAD,2013.