TELANGANA STATE
SCHEDULED CASTES AND SCHEDULED TRIBES SPECIAL DEVELOPMENT FUND (PLANNING,
ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2017 THE TELANGANA STATE SCHEDULED CASTES AND SCHEDULED TRIBES SPECIAL
DEVELOPMENT FUND (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES)
ACT, 2017 [Act No. 18 of 2017] [30th March, 2017] An act to ensure, accelerated development of scheduled castes and
scheduled tribes with emphasis on achieving equality in the coming years
focusing on economic, educational and human development alongwith ensuring
their security and social empowerment and promoting equity among scheduled
castes and the scheduled tribes, by earmarking a portion, in proportion to the
population of scheduled castes and scheduled tribes in the state, of the total
pragatipaddu outlay of the state of telangana as the scheduled castes special
development fund/scheduled tribes special development fund 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 Telangana in the Sixty-eighth Year of the Republic of India, as
follows:- (1)
This Act may be called the Telangana State Scheduled Castes and
Scheduled Tribes Special Development Fund (Planning, Allocation and Utilization
of Financial Resources) Act, 2017. (2)
It extends to the whole of the State of Telangana. (3)
It shall come into force on such date as the State Government may,
by notification in the Telangana Gazette, appoint, and different dates may be
appointed for different provisions of this Act. In this Act, unless the
context otherwise requires,- (a)
"Department" means, any Government Department concerned
with implementation of the Pragathipaddu
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
Pragathipaddu of the Departments which benefit all social groups including
Scheduled Castes and Scheduled Tribes; (d)
"Government" means, the State Government of Telangana; (e)
"Nodal Agency for SCSDF" means, the committee headed by
Minister of Scheduled Castes Development; (f)
"Nodal Agency for STSDF" means, the committee headed by
the Minister of Tribal Welfare; (g)
"Nodal Department" means, Scheduled Castes Development
Department for Scheduled Castes and Tribal Welfare Department for Schedule
Tribes; (h)
"Notification" means notification published in the
Telangana Gazette and the word 'Notified' shall be construed accordingly; (i)
"Prescribed" means, prescribed by the Government by rules
made under the Act; (j)
"Pragathipaddu" means, the total Scheme Expenditure
budget of the State as provided in the Appropriation Act; (k)
"State Council" means, State Council for Development of
Scheduled Castes and Scheduled Tribes headed by the Chief Minister constituted
under the Act; (l)
"Scheduled Castes and Scheduled Tribes" shall have the
meanings assigned to them respectively under clauses (24) and (25) of article
366 of the Constitution of India; (m)
"Scheduled Castes Special Development Fund/Scheduled Tribes
Special Development Fund" means, a portion of the total Pragathipaddu
outlays of the State, in a financial year, as earmarked under section 3; (n)
"Scheduled Caste/Scheduled Tribe habitation" means, any
habitation where population of Scheduled Castes or Scheduled Tribes is not less
than 40% of the total population of the habitation respectively; (o)
"Special Development Fund" means, Scheduled Castes
Special Development Fund (SCSDF) or Scheduled Tribes Special Development Fund
(STSDF) or both; (p)
"Scheduled Areas" means, areas notified under Part C of
Fifth Schedule to the Constitution of India; (q)
"Report regarding administration of Scheduled Areas"
means, the Report by the Governor to the President of India regarding
administration of Scheduled Areas as mentioned in paragraph 3 of Part A of
Fifth Schedule to the Constitution of India; (r)
"Telangana Tribes Advisory Council" means, the Tribes
Advisory Council established for the State of Telangana as mentioned in
paragraph 4 of Part B of Fifth Schedule to the Constitution of India. The State shall, in every
financial year, earmark in such manner as may be prescribed, a portion of the
total pragathipaddu outlays of the State which shall be proportionate to the
Scheduled Castes/Scheduled Tribes population of the State, to be called as
Scheduled Castes Special Development Fund and Scheduled Tribes Special
Development Fund. The Department as may be
authorized by the Government shall, every financial year, communicate, in the
manner prescribed, to the other departments, a provisional outlay out of the
Scheduled Castes Special Development Fund and Scheduled Tribes Special
Development Fund as earmarked under section 3 for preparation of respective
department wise schemes for Scheduled Castes and Scheduled Tribes. The Special Development
Funds 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 that have the potential to bridge the gaps in
development following the norms laid down in this Act and the rules made
thereunder. The departments shall
prepare an action plan for Scheduled Castes Special Development Fund and
Scheduled Tribes Special Development Fund to promote equity in the development
among various social groups within Scheduled Castes/Scheduled Tribes and
focused development of Scheduled Caste/Scheduled Tribe habitations. In case of
Scheduled Tribes Special Development Fund, special attention shall be paid to
Scheduled Tribes residing in the Scheduled Areas. 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 ascertaining 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 schemes for Scheduled Castes Special
Development Fund and Scheduled Tribes Special Development Fund within the State
Annual Pragathipaddu priorities. Each Department, excluding
the departments separately notified under this Act, shall submit, each year to
the respective Nodal Departments, the Special Development Fund Schemes proposed
to be included in the Special Development Funds, for appraisal by the Nodal
Agency concerned, within the time frame and in the format, as may be
prescribed. The Nodal Agency for
Scheduled Castes Special Development Fund/Scheduled Tribes Special Development Fund,
shall take up appraisal of schemes respectively submitted by the deaprtments,
to ensure conformity with the conditions and norms laid down in the Act. The respective Nodal
Agency, while indicating allocation of Scheduled Castes Special Development
Fund and Scheduled Tribes Special Development Fund to the schemes shall follow
the norms mentioned below:- (a)
for schemes exclusively benefiting Scheduled Caste/Scheduled Tribe
individuals or Scheduled Caste/Scheduled Tribe households, 100% of scheme cost
shall be allocated and accounted for under Scheduled Castes Special Development
Fund or Scheduled Tribes Special Development Fund, as the case may be; (b)
for schemes benefiting Scheduled Caste/Scheduled Tribe
habitations, 100% of scheme cost shall be allocated and accounted for under
Scheduled Castes Special Development Fund and Scheduled Tribes Special
Development Fund. In case of other habitations the cost shall be allocated and
accounted in proportion of the population of the Scheduled Castes or Scheduled
Tribes; (c)
for general schemes, included in the Special Development Fund,
benefiting Scheduled Caste/Scheduled Tribe individuals or Scheduled
Caste/Scheduled Tribe households, along with others, the scheme cost shall be
allocated and accounted for under Scheduled Castes Special Development Fund and
Scheduled Tribes Special Development Fund, as per 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 been
attributed for Scheduled Castes Special Development Fund and Scheduled Tribes
Special Development Fund respectively. The schemes that fulfill
the norms laid down in the Act shall be recommended by Nodal Agency for
Scheduled Castes Development and Nodal Agency for Tribal Welfare for inclusion
in the Annual Pragathipaddu proposals of the departments and aggregated for
placing before the State Council for Development of Scheduled Castes and
Scheduled Tribes for consideration and approval. The Schemes proposed by the
State Council for Scheduled Castes Special Development Fund/Scheduled Tribes
Special Development fund shall be considered for inclusion in the Demands for Grants
for the departments under the relevant head of account for the Scheduled Castes
Special Development Fund/Scheduled Tribes Special Development Fund. If any amount of Special
Development fund remains unspent, it shall be compensated in the next financial
year in the same proportion on the reach of actual expenditure to total budget
estimate of Pragathipaddu at the end of a financial year in the manner
prescribed. There shall be an exclusive
Secretary, Finance in Finance Department 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 Special Development Fund and Scheduled Tribes Special
Development Fund 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 matters relating to
Scheduled Castes Special Development Fund/Scheduled Tribes Special Development
Fund; (b)
suggest measures for proper planning and implementation of the
schemes by the departments; (c)
approve proposals for Scheduled Castes Special Development
fund/Scheduled Tribes Special Development Fund of the departments annually; (d)
perform such other functions as may be prescribed. (1)
Nodal Agencies headed by Ministers of Scheduled Castes Development
and Tribal Welfare, shall be constituted in the manner prescribed, for
Scheduled Castes Special Development Fund/Scheduled Tribes Special Development
Fund respectively and they shall exercise the powers conferred and perform the
functions assigned under this Act. (2)
The Scheduled Castes Development Department and Tribal Welfare
Department shall act as Nodal Departments 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,- (a)
evaluate and appraise the proposals of the Department for Special
Development fund for ensuring conformity to the provisions of this Act; (b)
prepare State Scheduled Castes Special Development fund/Scheduled
Tribes Special Development fund proposals for placing before the State Council
for Development of Scheduled Castes and Scheduled Tribes for consideration and
approval; (c)
recommend reallocation of Scheduled Castes Special Development
Fund/Scheduled Tribes Special Development Fund from a department to other
department; (d)
review the implementation, monitoring, preparation and submission
of periodical report/s of the Special Development fund Schemes as may be
prescribed; (e)
identify impediments and suggest measures for overcoming the
impediments; (f)
co-ordinate with the departments for preparation of State level
and district level Scheduled Castes Special Development Fund/Scheduled Tribes
Special Development Fund plan; (g)
maintain scheme wise, district wise, village wise and beneficiary
wise details as may be prescribed, for transparency and monitoring the progress
of the implementation, expenditure, output and outcome indicators as may be
prescribed for Scheduled Castes Special Development Fund/Scheduled Tribes Special Development Fund; (h)
facilitate annual social auditing of expenditure of Special
Development Funds and facilitate analysis of improvement in Human Development
or any other indicator as may be prescribed. The directions of the Nodal
Agency shall be binding on the Departments. The Government shall
appropriately strengthen the Nodal Departments of Scheduled Castes Development
and Tribal Welfare with an Administrative and Technical Support Unit and a
Special Development Fund 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 Special Development Fund
Support Unit, as may be prescribed to manage the respective Scheduled Castes
Special Development Fund/Scheduled Tribes Special Development Fund. (1)
The Government shall constitute a District Monitoring Committee in
each district with the Collector as its Chairman, which shall be responsible
for implementation of the Scheduled Castes Special Development Fund/Scheduled
Tribes Special Development fund in the district. (2)
The District Monitoring Committee of the district shall review the
implementation of Scheduled Castes Special Development fund and Scheduled
Tribes Special Development Fund 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. Each department shall
ensure transparency and accountability at all levels in the implementation of
Scheduled Castes Special Development Fund/Scheduled Tribes Special Development
Fund schemes. 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 Special Development Fund/Scheduled Tribes
Special Development Fund containing department-wise achievements and the
un-utilised funds during the financial year under report. The report on
Scheduled Tribes Special Development Fund to the extent of Scheduled Areas
shall form part of the Report regarding the administration of Scheduled Areas to be submitted to Governor
in consultation with Telangana Tribes Advisory Council. (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 Special Development Fund/Scheduled
Tribes Special Development Funds from the Pragathipaddu outlays under section
3; (c)
identification of and preparation of schemes under Special
Development Fund by the departments under section 8; (d)
preparation of budget proposal of Scheduled Castes Special
Development Fund/Scheduled Tribes Special Development Fund for appraisal by the
Nodal Departments under section 9; (e)
strengthen the Finance Department for monitoring expenditures
under the Scheduled Castes Special Development Fund/Scheduled Tribes Special
Development Fund under section 15; (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 17; (g)
constitution of Nodal Agencies for Scheduled Castes Special
Development Fund/Scheduled Tribes Special Development Fund under section 19; (h)
constitution of Administrative and Technical Support Unit in
respective Nodal Department for Scheduled Castes Special Development
Fund/Scheduled Tribes Special Development Fund under section 22; (i)
constitution of Special Development Fund Support Unit at
department level under section 23; (j)
constitution of District Monitoring Committee and the connected
matters under section 24; (k)
institutional strengthening at State, district and sub-district
level for ensuring effective implementation, awareness, mass contact programme,
social audit and monitoring of Scheduled Castes Special Development
Fund/Scheduled Tribes Special Development Fund under section 25; and (l)
procedures for ensuring transparency and accountability in the
implementation of Scheduled Castes Special Development Fund/Scheduled Tribes
Special Development Fund under section 26. (3)
Every rule made under this Act shall, immediately after it is
made, be laid before each House of the State Legislature, 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 Government may
constitute a committee consisting of such official and non-official members on
such terms and conditions as may be prescribed, to carry out the functions
entrusted to it in connection with monitoring the implementation of the
provisions under this Act. The Telangana Scheduled
Castes Sub-Plan and Tribal Sub-Plan (Planning, Allocation and Utilisation of
Financial Resources) Act, 2013 (Act 1 of 2013) is hereby repealed and upon such
repeal the Telangana General Clauses Act, 1891 (Act 1 of 1891) shall apply.
Preamble - TELANGANA STATE SCHEDULED CASTES AND SCHEDULED TRIBES
SPECIAL DEVELOPMENT FUND (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL
RESOURCES) ACT, 2017PREAMBLE