The Andhra Pradesh Minorities Component (Outlay, Allocation and Utilization of Financial Resources) Act, 2022.

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THE ANDHRA PRADESH MINORITIES COMPONENT (OUTLAY,
ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2022.
(ACT No. 6 of 2022)
(Last Updated:29.04.2024)
ARRANGMENT OF SECTIONS
SECTIONS
CHAPTER-1
PRELIMINARY
1. Short title extent commencement, duration and savings
2. Definitions
CHAPTER-II
OUTLAY, RESOURCE ALLOCATION FOR MINORITIES
                  COMPONENT AND SCHEMES
3. Earmarking of Minorities Component Fund from Outlays
4. Communication of outlay earmarked Minorities as Component fund to the
    Departments
5. Schemes to be included under the Minorities Component
6.   Promotion of equity among Minorities
7.   Obligation to cover Minorities in general schemes
8. Formulation of Minorities Component Schemes and Preparation of
Components  by the Departments
9. Submission of Component proposed to be included  in the Annual outlay for
CSS & SDP Schemes for appraisal
CHAPTER-III
APPRAISAL, ALLOCATION OF MINORITIES COMPONENT FUND AND
APPROVAL OF THE COMPONENT
10. Appraisal of the Minorities Component Schemes by the Nodal Agencies
11. Allocation of Minorities component fund for financing the Minorities
Component Schemes included in the  Component
12. Recommendation by the Nodal Agencies and Nodal Departments
CHAPTER-IV
BUDGET PROVISIONING DISTRIBUTION AND STRENGTHENING OF
IMPLEMENTATION MACHINERY
13. Minorities Component wing in Finance Department
14. Budget Release Orders
CHAPTER-V
INSTITUTIONAL ARRANGEMENTS
15. State Council for Development of Minorities
16.  Functions of the State Council
17. Nodal Agency and Nodal Department
18. Functions of Nodal Agency and Nodal Department
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19. Administrative and Technical support to Nodal Department for Minorities
Component
20. Development level Minorities Component Support Unit
21. Implementation of Minorities Component Schemes in the Districts
22.  Institutional Strengthening for effective implementation and monitoring
CHAPTER-VI
TRANSPARENCY AND ACCOUNTABILITY IN THE IMPLEMENTATION
OF MINORITIES COMPONENT
23.  Transparency and Accountability
24. Incentives and Penalties:-
25.  Annual Report to be placed before State Legislature
26. Power to make rules
27. Power to remove difficulties
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THE ANDHRA PRADESH MINORITIES COMPONENT (OUTLAY, ALLOCATION
AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2022.
ACT No. 6 of 2022.
AN ACT TO ENSURE, ACCELERATED DEVELOPMENT OF MINORITY
COMMUNITIES 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 MINORITY
POPULATION, BY EARMARKING A PORTION, IN PROPORTION TO
POPULATION OF MINORITIES WELFARE IN THE STATE OF THE
TOTAL OUTLAY FOR CSS & SDP SCHEMES OF THE STATE OF
ANDHRA PRADESH AS THE OUTLAY OF THE MINORITIES
COMPONENT 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 Seventy Third year of the Republic of India as follows:
CHAPTER-I
PRELIMINARY
1. Short title extent commencement, duration and savings:- (1) This Act
may be called the Andhra Pradesh Minorities Component (Outlay, Allocation
and Utilization of Financial Resources) Act, 2022.
(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 ceases to have effect after the expiry of ten years from the date
of commencement, except in respect of this done or omitted to be done
before such ceases and upon such ceases the Andhra Pradesh General
Clauses Act, 1891 shall apply as if this Act had been repealed by a
State.
2. Definitions:-In this Act, unless the context otherwise requires,-
(a) “Component” means Minorities Component;
(b) “Gaps in Development” means differences in development indicators
of Minorities 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 outlay
for CSS & SDP Schemes of the Department which benefit all social
groups including Minorities;
(d) “Government” means the State Government of Andhra Pradesh;
(e) “Minority” for the purpose of this Act, means a community notified
as such by the Central Government;
(f) “Minorities Component” means the outlay for CSS & SDP Schemes
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approved by the State Council for inclusion in the Annual Outlay of
the Department to bridge the gap in development of “Minorities” and
shall include the Minorities component of general schemes;
(g) “Minorities Component Fund” means a portion of the total outlay for
CSS & SDP Schemes of the State, in a financial year, as earmarked
under section 3;
(h) “Minorities Component Schemes” means the Minorities Component
schemes included in the Minorities Component of the Departments;
(i) “Minorities habitation” means any habitation where population of
Minorities is not less than 40% of the total population of the
habitation;
(j) “Nodal Agency for Minorities Component” means the committee
headed by Minister of Minorities Welfare;
(k) “Nodal Department” means Minorities Welfare Department for Sub-
component;
(l) “Notification” means notification published in the Andhra Pradesh
Gazette and the word ‘Notified’ shall be construed accordingly;
(m)“Prescribed” means prescribed by the Government by rules made
under the Act;
(n) “State Council” means State Council for Development of Minorities
constituted under the Act;
(o) “The Department” means any Government Department
concerned with implementation of the outlay for CSS & SDP
Schemes for the Minorities;
   CHAPTER-II
OUTLAY, RESOURCE ALLOCATION FOR MINORITIES
COMPONENT AND SCHEMES
3. Earmarking of Minorities Component Fund from Outlays:-The State
shall, in every financial year, earmark in such manner as may be
prescribed, a portion of the total outlay for CSS & SDP Schemes of the
State to be called as Minorities Component 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 Minorities Component Fund outlay shall be
revised according to State Annual outlay and:
Provided also that the expenditure of the Minorities Component Fund
shall be accounted for in the manner hereafter specified in this Act.
4. Communication of outlay earmarked Minorities as Component fund to
the Departments:-The Department as may be authorized by the Government
shall, every financial year, communicate, in the manner prescribed, to the
other departments, a tentative outlay for CSS & SDP Schemes out of
Minorities Component Fund as earmarked under section 3 for preparation of
respective department wise Minorities Component.
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5. Schemes to be included under the Minorities Component:-The
Components of the Departments shall include only such schemes that secure
direct and quantifiable benefits to the Minorities individuals or Minorities
households and that have the potential to bridge the gaps in development
following the norms laid down in this Act and the rules made there under:
Provided that the schemes should be consistent with the Annual Outlay.
6. Promotion of equity among Minorities:-The Departments shall prepare
Minorities Component to promote equity in the development among various
communities within the Minorities and focused development within.
7. Obligation to cover Minorities in general schemes:-The Department
shall ensure coverage of Minorities in the ongoing general schemes consistent
with their eligibility for the same.
8. Formulation of Minorities Component Schemes and Preparation of
Components  by the Departments:-On receipt of communication under
section 4, each department, shall, after estimating the gaps in the development
of Minorities, prioritize the development needs of Minorities through a
consultative process, as may be prescribed and shall formulate the Minorities
Component Schemes and prepare the Component comprising of the Minorities
Component schemes, within the State Outlay priorities as communicated
under section 5.
9. Submission of  Component proposed to be included  in the Annual
outlay for  CSS & SDP Schemes for appraisal:-Each Department, excluding
the departments separately notified under this Act, shall submit each year, to
the respective Nodal Departments, the Component comprising of Minorities
Component Schemes proposed to be included in the Annual outlay for CSS &
SDP Schemes, for appraisal by the Nodal Agency concerned, within the time
frame and in the format, as may be prescribed.
CHAPTER-III
APPRAISAL, ALLOCATION OF MINORITIES COMPONENT FUND AND
APPROVAL OF THE COMPONENT
10. Appraisal of the Minorities Component Schemes by the Nodal
Agencies:-The Nodal Agency for Minorities Component, shall take up
appraisal of the Minorities Component Schemes submitted by
Departments, to ensure conformity with the conditions and norms laid
down in the Act.
11. Allocation of Minorities component fund for financing the
Minorities Component Schemes included in the Component:- The
respective Nodal Agency, while indicating allocation of Minorities
Component Fund to the Minorities Component Schemes shall follow the
following norms namely,-
(a) For schemes exclusively benefiting in Minorities individuals or
Minorities households, 100% of scheme cost shall be allocated
and accounted for under Minorities Component fund.
(b)For schemes benefitting Minorities habitations, 100% of scheme
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cost shall be allocated and accounted for under Minorities
Component fund in case of other habitations the cost shall be
allocated and accounted for under Minorities Component in
proportion of the population of the Minorities.
(c)For general schemes, included in the Component, benefitting
Minorities individuals or households, along with others, the
scheme cost shall be allocated and accounted for under
Minorities Component, in proportion to the Minorities
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 Minorities Component.
12. Recommendation by the Nodal Agencies and Nodal Departments:-The
schemes that fulfill the norms laid down in the Act shall be recommended by
the Nodal Agency for Minorities for including in the Annual Outlay for CSS &
SDP Schemes proposals of the departments and aggregated for placing before
the State Council for Development of Minorities constituted under section 15
for consideration and approval as a pre-budget process.
CHAPTER-IV
BUDGET PROVISIONING DISTRIBUTION AND STRENGTHENING OF
IMPLEMENTATION MACHINERY
13. Minorities Component  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
positions as determined by the Finance Department.
14. Budget Release Orders:-  Budget Release Orders shall be issued to each
department, for the amount provided in the Budget Estimates for Minorities
Component immediately after passing of the budget by the State Legislature in
accordance with the schedule and norms prescribed.
CHAPTER-V
INSTITUTIONAL ARRANGEMENTS
15. State Council for Development of Minorities:-(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 Minorities 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,
16.  Functions of the State Council:-The State Council shall,-
(a) Advise the State Government on all the policy matter relating to
Minorities Component:
(b) Suggest measures for proper planning and implementation of the
schemes by the departments;
(c) Approve the Annual Minorities Component proposals of the
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Departments;
(d) Perform such other functions as may be prescribed.
17. Nodal Agency and Nodal Department:-(1) Nodal Agencies headed by
Minister of Minorities Welfare, shall be constituted in the manner prescribed,
for Minorities Component and shall exercise the powers conferred and perform
the functions assigned under this Act.
(2) The Minorities Welfare Department shall act as Nodal Department for
assisting the respective Nodal Agency to perform its functions and exercise its
powers.
18. Functions of Nodal Agency and Nodal Department:-The Nodal Agency
with the assistance of the Nodal Department shall:
(1) Evaluate and appraise Minorities Component proposed by the
Departments for ensuring conformity to the provisions of this Act:
(2) Prepare State Minorities Component for placing before the State
Council for Development of Minorities for consideration and approval:
(3) Recommend reallocation of Minorities Component funds from a
department to other department;
(4) Review the implementation and monitoring of the Minorities
Component program;
(5) Identify impediments and suggest measures for overcoming the
impediments;
(6) Co-ordinate with the departments for preparation of State Level and
District Level Minorities Component;
(7) Maintain transparency the 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
Minorities Component;
(8) Facilitate at least annual social auditing of expenditure of Minorities
Component 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.
19. Administrative and Technical support to Nodal Department  for
Minorities Component:-The Government shall appropriately strengthen the
Nodal Departments of Minorities Welfare with an Administrative and Technical
Support Unit and a Component Research Centre as may be prescribed, to
perform the functions and discharge the duties assigned to it and to assist the
respective Nodal Agency,
20. Development level Minorities Component Support Unit:- The
Department as identified by the State Council may establish a Minorities
Component Supporting Unit, as may be prescribed to manage the Minorities
Component.
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21. Implementation of Minorities Component 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 or implementation of the Minorities Component in the District.
(2)    The District Monitoring Committee of each district shall review the
implementation of Minorities Component, periodically.
22.  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 MINORITIES COMPONENT
23.  Transparency and Accountability :-(1) Each department shall ensure
transparency and accountability at all levels in the implementation of
Minorities Component Schemes.
(2) Each Department shall, host the documents, as may be prescribed in
public domain.
24. Incentives and Penalties:-Government shall formulate and 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 of official concerned:
Provided that disciplinary action shall be governed by the relevant
service/disciplinary rules applicable to the Government officials and
functionaries.
25.  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 Minorities Component containing department-wise
achievements and the un-utilized funds during the financial year under report.
26. 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 Minorities under
section 2 (b);
(b)  Earmarking Minorities Component Funds from the outlay
for CSS & SDP Schemes under section 3;
(c) Identification of Minorities Component Schemes and
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preparation of Component by the departments under section
8;
(d) Preparation of budget proposal of Minorities Component for
appraisal by the Nodal Departments under section 9;
 (e) Strengthen the Finance Department for monitoring
expenditures under the Minorities Component under section
13;
(f) Constitution of and transaction of business in the State
Council for development of Minorities, the qualification,
disqualification and other allowances to the non-official
members of the State Council under section 15;
(g) Constitution of Nodal Agencies for Minorities Component
     under section 17;
(h) Maintenance of a web portal by the Nodal Agency under
section 18;
(i) Constitution of Administrative and Technical Support Unit in
respective Nodal Department for Minorities Component under
section 19;
(j) Constitution of Minorities Component Supporting Unit at
Department level under section 20;
(k) Constitution of District Monitoring Committees and the
connected matters under section 21;
(l) Institutional strengthening at State, District and Sub-
District level for ensuring effective implementation,
awareness, mass contact program, social audit and
monitoring of Minorities Component under section 22; and
(m) Procedures for ensuring transparency and accountability
in the implementation of Minorities Component under
section 23.
(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.
27. 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:
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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.

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