The Andhra Pradesh Scheduled Castes Sub-Plan and Tribal Sub-Plan (Planning, Allocation and Utilization of Financial Resources) Act, 2013.

ANDHRA PRADESH SCHEDULED CASTES SUB-PLAN AND TRIBAL SUB-
PLAN (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL
RESOURCES) ACT, 2013
ACT NO. 1 Of 2013
ARRANGEMENT OF CLAUSES
CHAPTER-I
PRELIMINARY
1. Short title, extent, commencement, duration and savings
2. Definitions
CHAPTER-II
PLANNING, RESOURCE ALLOCATION FOR SCHEDULED CASTES SUB-PLAN
AND TRIBAL SUB-PLAN FUNDS AND SCHEMES
3. Earmarking of Scheduled Castes Sub-Plan/Tribal Sub-Plan Fund
from Plan outlays
4. Communication of Plan outlay earmarked as Scheduled Castes
Sub-Plan/Tribal Sub-Plan Fund to the departments
5. Schemes to be included under the Scheduled Castes Sub-Plans
and Tribal Sub-Plans
6. Promotion of equity among Scheduled Castes and Scheduled
Tribes
7. Obligation to cover Scheduled Castes/Scheduled Tribes in general
schemes
8. Formulation of Scheduled Castes Sub-Plan/Tribal Sub-Plan
schemes and preparation of Sub-Plans by the departments
9. Submission of Sub-Plans proposed to be included in the Annual
Plan for appraisal
      CHAPTER- III
APPRAISAL, ALLOCATION OF SCHEDULED CASTES SUB-PLAN
/TRIBAL SUB-PLAN FUND AND APPROVAL OF THE SUB-PLANS
       10. Appraisal of the Scheduled Castes Sub-Plan and Tribal Sub-Plan
Schemes by the Nodal Agencies
11.  Allocation of Scheduled Castes Sub-Plan Fund and Tribal Sub-Plan
Fund for financing the Scheduled Castes Sub-Plan/Tribal Sub-Plan
schemes included in the Sub-Plans
12.  Recommendation by the Nodal Agencies and Nodal Departments
CHAPTER-IV
BUDGET PROVISIONING, DISTRIBUTION AND STRENGTHENING  OF
IMPLEMENTATION MACHINERY
13. Budget allocations
14. Scheduled Castes Sub-Plan and Tribal Sub-Plan wing in Finance
Department
       15.    Budget Release Orders
CHAPTER-V
      INSTITUTIONAL ARRANGEMENTS
16. State Council for Development of Scheduled Castes/Scheduled
Tribes
17.  Functions of the State Council
           18.  Nodal Agency and Nodal Department
           19.  Functions of the Nodal Agency and Nodal Department
20. Administrative and technical support to Nodal Department for
Scheduled Castes Sub-Plan/Tribal Sub-Plan
21.  Department level Sub- Plan Support Unit
22. Implementation of Scheduled Castes Sub-Plan/Tribal Sub-Plan
schemes m the districts
           23. Institutional strengthening for effective implementation and
monitoring
CHAPTER-VI
       TRANSPARENCY AND ACCOUNTABILITY IN THE IMPLEMENTATION
OF SCHEDULED CASTES SUB-PLAN/TRIBAL SUB-PLAN
24. Transparency and accountability
25. Incentives and penalties
26. Annual Report to be placed before State Legislature
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 FINANCIAL
RESOURCES) ACT, 2013.
ACT NO. 1 OF 2013
[24th January, 2013]
An Act 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 Andhra Pradesh in the
Sixty-third year of the Republic of India as follows:
CHAPTER-I
1. Preliminary Short title, extent, commencement, duration and savings -
(1) This Act may be called the Andhra Pradesh 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 Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification in the Andhra Pradesh 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 Andhra Pradesh General Clauses
Act, 1891, shall apply as if this Act had been repealed by a State Act.
2. Definitions - 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 Andhra Pradesh;
(e) “Nodal Agency for SCSP”means the committee headed by Minister
of Social Welfare;
(f) “Nodal Agency for TSP”means the committee headed by the Minister
of Tribal Welfare;
(g)“Nodal Department”means Social Welfare Department for Scheduled
Castes Sub-Plan and Tribal Welfare Department for Tribal Sub-Plan;
(h) “Notification”means notification published in the Andhra Pradesh
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 meanings
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 bridge 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) “Schedule 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;
(r) “Scheduled Areas”means areas notified under PartC of Fifth
Schedule to Constitution of India;
(s) “Report regarding administration of Scheduled Areas”means the
Report by the Governor to the Presidentof India regarding administration
of Scheduled Areas as mentioned in paragraph 3 of Part A of Fifth
Schedule to Constitution of India.
(t)“A.P. Tribes Advisory Council”means the Tribes Advisory Council as
mentioned in paragraph 4 of Part B of Fifth Schedule to Constitution of
India.”
 CHAPTER-II
PLANNING, RESOURCE ALLOCATION FOR SCHEDULED CASTES SUB-PLAN
AND TRIBAL SUB- PLAN FUNDS AND SCHEMES
3.  Earmarking of Scheduled Castes Sub-Plan/ Tribal Sub-Plan Fund from
Plan outlays -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.
4. Communication of Plan outlay  earmarked as Scheduled Castes Sub-
Plan/ Tribal Sub-Plan Fund to the departments - The department as may be
authorised by the Government shall, 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.
5. Schemes to be included under the Scheduled Castes Sub-Plans and
Tribal Sub-Plans - 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 Andhra Pradesh as may be
communicated by the Planning department.
6. Promotion of equity among Scheduled Castes and Scheduled Tribes -
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. In case of Tribal Sub
Plan, Special attention shall be paid to Scheduled Tribes residing in the
Scheduled Areas.
7. Obligation to cover Scheduled Castes/Scheduled Tribes in
general schemes -The departments shall ensure coverage of Scheduled
Castes/Scheduled Tribes in the ongoing general schemes consistent with their
eligibility for the same.
8.  Formulation of Scheduled Castes Sub-Plan/ Tribal Sub-Plan schemes
and preparation of Sub-Plans by the departments -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, with in
the State Plan priorities as communicated under section 5.
9. Submission of Sub-Plans proposed to be included in the Annual Plan
for appraisal -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 time frame and in the format, as may
be prescribed.
CHAPTER-III
APPRAISAL, ALLOCATION OF SCHEDULED CASTES SUB-PLAN
/TRIBAL SUB-PLAN FUND AND APPROVAL OF THE SUB-PLANS
10. Appraisal of the Scheduled Castes Sub-Plan/Tribal Sub-Plan Schemes
by the Nodal Agencies -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.
11.  Allocation of  Scheduled Castes Sub-Plan  Fund and Tribal Sub-Plan
Fund for financing the Scheduled Castes Sub-Plan/ Tribal Sub- Plan
schemes included in the Sub-Plan -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 benefitting Scheduled Caste/Scheduled
Tribe individuals or 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 benefitting 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, benefitting
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
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 been attributed for Scheduled Castes Sub-Plan
and Tribal Sub-Plan respectively.
12.  Recommendation by the  Nodal Agencies and Nodal Department -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 process.
CHAPTER-IV
BUDGET PROVISIONING, DISTRIBUTION AND STRENGTHENING OF
IMPLEMENTATION MACHINERY
13.  Budget allocations -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.
14.  Scheduled Castes Sub-Plan and Tribal Sub-Plan wing in Finance
Department -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.
15.  Budget Release Orders -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.
CHAPTER-V
          INSTITUTIONAL ARRANGEMENTS
16. State Council  for Development of Scheduled Castes/Scheduled Tribes
- (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.
17.   Functions of the State Council -The State Council shall,-
(a) advise the State Government on all the policy matters
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.
18.   Nodal Agency  and Nodal Department -(1) Nodal Agencies headed by
Ministers of Social Welfare and Tribal Welfare, shall 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 Social Welfare Department and Tribal Welfare Department shall
act as Nodal Departments for assisting the respective Nodal Agency to
perform its functions and exercise its powers.
19. Functions of Nodal Agency and Nodal Department -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
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; 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.
20. Administrative and Technical Support to Nodal Department for
Scheduled Castes Sub-Plan/Tribal Sub-Plan -The Government shall
appropriately strengthen the Nodal Departments of Social Welfare and Tribal
Welfare 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.
21. Department level Sub-Plan Support Unit -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.
22.  Implementation of Scheduled Castes Sub-Plan/Tribal Sub-Plan
schemes in the districts -(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.
23. Institutional  strengthening for effective  implementation and
monitoring -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.
CHAPTER-VI
TRANSPARENCY AND ACCOUNTABILITY IN THE IMPLEMENTATION OF
SCHEDULED CASTES SUB- PLAN/TRIBAL SUB-PLAN
24. Transparency and Accountability -(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.
25. Incentives and penalties - 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.
26. Annual Report to be placed before State Legislature -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-utilised funds during the
financial year under report. The report on TSP 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 A.P. Tribes Advisory Council.
27.Power to make Rules -(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 Schedule 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.
28. Power to remove difficulties - (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.
R. DAMODAR,
Secretary to Government,
  Legislative Affairs & Justice (FAC),
       Law Department.

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