A bill to ensure, accelerated development of
scheduled castes and scheduled tribes with emphasis on achieving equality in
the next ten years focusing on economic, educational and human development
along with ensuring the security and social dignity and promoting equity among
scheduled castes and the scheduled tribes, by earmarking a portion, in
proportion to population of scheduled castes and scheduled tribes in the state,
of the total plan outlay of the state of andhra pradesh as the outlay of the
scheduled castes sub-plan/tribal sub-plan of the state and ensuring effective
institutional mechanisms for the implementation and for matters connected
therewith or incidental thereto. Be it
enacted by the Legislature of the State of Odisha in the Sixty-fourth year of
the Republic of India as follows: (1)
This Act may be called the Odisha Scheduled
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
Odisha. (3)
It shall come into force on such date as the
State Government may, by notification in the ODISHA Gazette, appoint, and
different dates may be appointed for different provisions of this Act. (4)
It shall cease to have effect after the
expiry of ten years from the date of commencement, except in respect of things
done or omitted to be done before such cesser and upon such cesser the ODISHA
General Clauses Act, 1891, shall apply as if this Act had been repealed by a
State Act. In
this Act, unless the context otherwise requires,- (a)
"The Department" means any
Government Department concerned with implementation of the plan schemes for the
welfare of Scheduled Castes and Scheduled Tribes; (b)
"Gaps in development" means
differences in development indicators of Scheduled Castes/Scheduled Tribes when
compared to the state averages, as may be prescribed particularly relating to
human and economic development; (c)
"General Schemes" means schemes
included in the Annual Plans of the Departments which benefit all social groups
including Scheduled Castes and Scheduled Tribes. (d)
"Government" means the State
Government of ODISHA; (e)
"Nodal Agency for SCSP" means the
committee headed by Minister of ST&SC Development Minorities & Backward
Classes Welfare; (f)
"Nodal Agency for TSP" means the
committee headed by the Minister of ST&SC Development Minorities &
Backward Classes Welfare; (g)
"Nodal Department" means ST&SC
Development Minorities & Backward Classes Welfare; (h)
"Notification" means notification
published in the ODISHA Gazette and the word 'Notified' shall be construed
accordingly; (i)
"Prescribed" means prescribed by
the Government by rules made under the Act; (j)
"State Council" means State Council
for Development of Scheduled Castes and Scheduled Tribes constituted under the
Act; (k)
"Scheduled Castes and Scheduled
Tribes" shall have the meaning assigned respectively under clauses (24)
and (25) of article 366 of the Constitution of India; (l)
"Scheduled Castes Sub-Plan (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 the SC 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 bridges the gap in development of Scheduled Tribes and shall
include the ST component of general schemes; (n)
"Scheduled Castes Sub-Plan/Tribal
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)
"Scheduled Castes Sub-Plan/Tribal
Sub-Plan Schemes" means the Scheduled Castes Sub-Plan/Tribal Sub-Plan
schemes included in the Scheduled Castes Sub-Plan/Tribal Sub-Plan of the
Departments; (p)
"Scheduled Caste/Scheduled Tribe
habitation" means any habitation where population of Scheduled Castes or
Scheduled Tribes or combined population of Scheduled Castes and Scheduled
Tribes is not 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. The
State shall, in every financial year, earmark in such manner as may be
prescribed, a portion of the total Plan outlays of the State which shall be
proportionate to the Scheduled castes/Scheduled Tribe population of the State,
to be called as Scheduled Castes Sub-Plan and Tribal Sub-Plan Fund: Provided
that, the Fund to be earmarked is determined at least 6 months prior to
commencement of the next financial year. Provided
further that, the Scheduled Castes Sub-Plan and Tribal Sub-Plan Fund outlay
shall be revised according to State Annual Plan final outlay and; Provided
also that the expenditure of the SCSP/TSP Fund shall be accounted for in the
manner hereafter specified in this Act. The
department as may be authorized by the Government shall, in every financial
year, communicate, in the manner prescribed, to the other departments a
tentative plan outlay out of Scheduled castes Sub-Plan/Tribal Sub-Plan Fund as
earmarked under Section 3 for preparation of respective department wise
Scheduled Castes Sub-Plan/Tribal Sub-Plan. The
Sub-Plans of the departments shall include only such schemes that secure direct
and quantifiable benefits to the Scheduled Caste/Scheduled Tribe individuals or
Scheduled Caste/Scheduled Tribe households or Scheduled Caste/Scheduled Tribe
habitations or Tribal areas and that have the potential to bridge the gaps in
development following the norms laid down in this Act and the rules made
thereunder: Provided
that the schemes should be consistent with the Annual and five year plans and
priorities of the State of ODISHA as may be communicated by the Planning
department. The
departments shall prepare Scheduled Castes Sub-Plan/Tribal Sub-Plan to promote
equity in the development among various social groups within Scheduled Castes/Scheduled
Tribes and focused development of backward Scheduled Caste/Scheduled Tribe
habitations. The
departments shall ensure coverage of Scheduled castes/Scheduled Tribes in the
ongoing general schemes consistent with their eligibility for the same. On
receipt of communication under section 4, each department, shall, after
estimating the gaps in the development of Scheduled Castes/Scheduled Tribes,
prioritize the development needs of Scheduled Castes/Scheduled Tribes through a
consultative process, as may be prescribed, and shall formulate the Scheduled
Castes Sub-Plan/Tribal Sub-Plan schemes and prepare the Sub-Plans comprising of
the Scheduled Castes Sub-Plan/Tribal Sub-Plan schemes, within the State Plan
priorities as communicated under section 5. Each
department, excluding the departments separately notified under this Act, Shall
submit, each year, to the respective Nodal Departments, the Sub-Plans
comprising of Scheduled castes Sub-Plan/Tribal Sub-Plan schemes proposed to be
included in the Annual Plans, for appraisal by the Nodal Agency concerned,
within the timeframe and in the format, as may be prescribed. The
Nodal Agency for Scheduled Castes Sub-Plan/Tribal Sub-Plan, shall take up
appraisal of the Scheduled Castes Sub-Plan schemes and Tribal Sub-Plan schemes
respectively submitted by departments, to ensure conformity with the conditions
and norms laid down in the Act. The
respective Nodal Agency, while indicating allocation of Scheduled Castes
Sub-Plan Fund and Tribal Sub-Plan Fund to the Scheduled Castes Sub-Plan/Tribal
Sub-Plan schemes shall follow the following norms namely:-- (a)
for schemes exclusively benefiting Scheduled
Caste/Scheduled Tribe households, 100% of scheme cost shall be allocated and
accounted for under Scheduled Castes Sub-Plan/Tribal sub-Plan fund; (b)
for schemes benefiting Scheduled
Caste/Scheduled Tribe habitations, 100% of scheme cost shall be allocated and
accounted for under Scheduled Castes Sub-Plan/Tribal Sub-Plan fund. In case of
other habitations the cost shall be allocated and accounted for under Scheduled
Castes Sub-Plan/Tribal Sub-Plan in proportion of the population of the
Scheduled Castes or Scheduled Tribes; (c)
for general schemes, included in the
Sub-Plans, benefiting Scheduled Caste /Scheduled Tribe individual or Scheduled
Caste/Scheduled Tribe households, alongwith others, the scheme cost shall be
allocated and accounted for under Scheduled Castes Sub-Plan/Tribal Sub-Plan, in
proportion to the Scheduled Caste/Scheduled Tribe beneficiaries covered; (d)
in respect of non-divisible infrastructure
works a portion of the scheme cost as may be determined by the Government shall
be deemed to have attributed for Scheduled Castes Sub-Plan and Tribal Sub-Plan
and Tribal Sub-Plan respectively. The
schemes that fulfill the norms laid down in the Act shall be recommended by
Nodal Agency for Social Welfare and Nodal Agency for Tribal Welfare for
inclusion in the Annual Plan proposals of the departments and aggregated for
placing before the State Council for Development of Scheduled Castes and
Scheduled Tribes, for consideration and approval as pre-budget prove. The
Budget approved by the State Council for Scheduled Castes Sub-Plan/Tribal
Sub-Plan shall be included in the demands for Grants for the departments under
the relevant head of account for the Scheduled Castes Sub-Plan/Tribal Sub-Plan. The
Government shall appropriately strengthen the Finance Department as may be
prescribed for performing the functions relating to Budget implementation and
allocation according to the provisions of this Act within the overall
discipline of the ways and means position as determined by the Finance
department. Budget
Release Orders shall be issued to each department, for the amount provided in
the Budget Estimates for Scheduled Castes Sub-Plan/Tribal Sub-Plan immediately
after passing of the budget by the State Legislature in accordance with the
schedule and norms prescribed. (1) As
soon as may be, after the commencement of this Act, the Government shall, by
notification, constitute a Council under the Chief Minister, to be known as the
State Council for Development of Scheduled Castes and Scheduled Tribes to
exercise the powers conferred and to perform the functions assigned to it under
the Act and the rules made thereunder. (2) The State council shall meet at
least twice in a year. The
State Council shall, (a)
advise the State Government on all the policy
matter relating to Scheduled Castes Sub-Plan/Tribal Sub-Plan; (b)
suggest measures for proper planning and
implementation of the schemes by the departments; (c)
approve the Annual Scheduled Castes
Sub-Plan/Tribal Sub-Plan proposals of the departments. (d)
perform such other functions as may be
prescribed. (1)
Nodal Agency headed by Minister of ST&SC
Development & Minorities & Backward Classes Welfare, be constituted in
the manner prescribed, for Scheduled Castes Sub-Plan and Tribal Sub-Plan
respectively and shall exercise the powers conferred and perform the functions
assigned under this Act. (2)
The ST&SC Development & Minorities
& Backward Classes Welfare Department will act as Nodal Department for
assisting the respective Nodal Agency to perform its functions and exercise its
powers. The
respective Nodal Agency with the assistance of the respective Nodal Department
shall:- (1)
Evaluate and appraise Scheduled Castes
sub-Plan/Tribal Sub-Plan proposed by the departments for ensuring conformity to
the provisions of this Act; (2)
Prepare State Scheduled Castes
Sub-Plan/Tribal Sub-Plan for placing before the State Council for Development
of Scheduled Castes and Scheduled Tribes for consideration and approval; (3)
Recommend reallocation of Scheduled Castes
Sub-Plan/Tribal Sub-Plan Funds from a department to other department; (4)
Review the implementation and monitoring of
the Scheduled Castes Sub-Plan/Tribal Sub-Plan programme; (5)
Identify impediments and suggest measures for
overcoming this 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;
maintain scheme wise; district wise; village wise and beneficiary wise details
as may be prescribed; set up a web portal for tracking 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 of
expenditure of Scheduled castes Sub-Plan/Tribal sub-Plan funds and facilitate
analysis of improvement in Human Development Index against the projections for
the State and district; Provided
that the directions of the Nodal Agency shall be binding on the Departments. The
Government shall appropriately strengthen the Nodal Department of ST&SC
Development & Minorities & Backward Classes Welfare Department with an
Administrative and Technical Support Unit and a Sub-Plan Research Centre as may
be prescribed, to perform the functions and discharge the duties assigned to it
and to assist the respective Nodal Agency. The
departments as identified by the State Council may establish a Sub-Plan support
Unit, as may be prescribed to manage the respective Scheduled Castes Sub-Plan
and Tribal Sub-Plan. (1)
The Government shall constitute a District
Monitoring Committee in each district with the District Collector as its
chairman, which shall be responsible for implementation of the Scheduled Castes
Sub-Plan/Tribal Sub-Plan in the district. (2)
The district Planning Committees of each
district shall review the implementation of Scheduled Castes Sub-Plan/Tribal
Sub-Plan periodically. The
respective departments of Government shall take such measures as may be
necessary for institutional strengthening of State, District and Sub-District
Units by providing necessary guidelines, staff and training to the staff in the
manner prescribed, for effective implementation and monitoring. (1)
Each department shall ensure transparency and
accountability at all levels in the implementation of Scheduled Castes Sub-Plan
and Tribal Sub-Plan schemes. (2)
Each department shall, host the documents, as
may be prescribed in public domain. Government
shall formulate an appropriate scheme, to award incentives for commendable
performance and disincentives for proven negligence and lack of due diligence,
in discharge of responsibilities under this Act by any functionary or official
concerned; Provided
that disciplinary action shall be governed by the relevant service/disciplinary
rules applicable to the Government officials and functionaries. The
Nodal agency shall place before the State Legislature, an Annual Report on
outcome of implementation of Scheduled Castes Sub-Plan/Tribal Sub-Plan
containing department-wise achievements and the un-utilized funds during the
financial year under report. (1)
Subject
to the other provisions of this Act, the Government may, by notification, make
rules for carrying out all or any of the purposes 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)
determination of gaps in development of Scheduled Castes and Scheduled Tribes
under Section 2; (b) earmarking Scheduled Castes Sub-Plan/Tribal Sub-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 by the
departments under section 8; (d) preparation of budget proposal of Scheduled
Castes Sub-Plan/Tribal Sub-Plan for appraisal by the Nodal departments under section
9; (e) strengthen the Finance Department for monitoring expenditures under the
Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 14; (f)
constitution of, and transaction of business in the State Council for
development of Scheduled Castes and Scheduled Tribes, the qualification,
disqualification and other allowances to the non-official members of the State
Council under section 16; (g) constitution of Nodal Agencies for Scheduled
Castes Sub-Plan and Tribal Sub-Plan under section 18; (h) maintenance of a web
portal by the Nodal Agency under section 19; (i) constitution of Administrative
and Technical Support Unit in respective Nodal Department for Scheduled Castes
Sub-Plan/Tribal Sub-Plan under section 20; (j) constitution of Sub-Plan Support
Unit at department level under section 21; (k) constitution of District
Monitoring Committees and the connected matters under section 22; (l)
institutional strengthening at State, district and sub-district level for
ensuring effective implementation, awareness, mass contact programme, social
audit and monitoring of Scheduled Castes Sub-Plan and Tribal Sub-Plan under
section 23; and (m) procedures for ensuring transparency and accountability in
the implementation of Scheduled Castes Sub-Plan and Tribal Sub-Plan under
section 24. (3) Every rule made under this Act shall, immediately after 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 session immediately following for a total period
of fourteen days which may be comprised in one session or in two successive
sessions and if, before the expiration of the session in which it is so laid or
the session immediately following the Legislature agrees in Making any
modification in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified, have effect only
in such modified form or shall stand annulled 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. (1)
If any difficulty arises in giving effect to
the provisions of the Act, the Government may, by order, make such provisions
or give such directions not inconsistent with the provisions of the Act as may
appear to it to be necessary or expedient for the removal of the difficulty: Provided
that no such power shall be exercised after the expiry of a period of two years
from the commencement of this Act. (2)
Every order made under this section shall be
laid, as soon as it is made, before each house of the State Legislature.THE ODISHA SCHEDULED CASTES SUB-PLAN AND TRIBAL SUB-PLAN
(PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2013
PREAMBLE