LexThe KARNATAKA SCHEDULED CASTES SUB-ALLOCATION AND TRIBAL SUB-ALLOCATION (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2013
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 65 OF 2013
THE KARNATAKA SCHEDULED CASTES SUB-ALLOCATION AND TRIBAL
SUB-ALLOCATION (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES)
ACT, 2013
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
CHAPTER - I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER - II
INSTITUTIONAL ARRANGEMENT
3. The State Council for Development of the Scheduled Castes or the Scheduled Tribes
4. Functions of the State Council
5. Nodal Agency and Nodal Department
6. Functions of the Nodal Agency
7. Allocation of Scheduled Castes Sub-allocation fund and Tribal Sub-allocation fund for
financing the Scheduled Castes Sub-allocation/Tribal Sub-allocation Schemes included in the
Sub-allocation
8. Recommendation by the Nodal Agencies and the Nodal Department
9. Administrative and technical support to the Nodal Department
10. Department Level Sub-allocation Support Unit
11. Implementation of the scheduled castes Sub-allocation or tribal Sub-allocation schemes
in districts
12. Institutional strengthening for effective implementation and Monitoring
CHAPTER - III
PLANNING, RESOURCE ALLOCATION FOR THE SCHEDULED CASTES SUB-ALLOCATION
AND TRIBAL SUB-ALLOCATION FUNDS AND SCHEMES
13. Earmarking of the scheduled Castes Sub-allocation/tribal Sub-allocation fund from
allocable budget
14. Communication of allocable budget earmarked as the scheduled Castes Sub-
allocation/tribal Sub-allocation fund to the department
15. Schemes to be included under the Scheduled Castes Sub-allocation and Tribal Sub-
allocation
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16. Obligation to cover the scheduled Castes/scheduled tribes in general schemes
17. Formulation of the scheduled Castes Sub-allocation or tribal Sub-allocation schemes and
preparation of Sub-allocation by the department
18. Submission of Sub-allocation proposed to be included in the allocable budget for appraisal
CHAPTER - IV
APPRAISAL, ALLOCATION OF THE SCHEDULED CASTES SUB-ALLOCATION /TRIBAL SUB-
ALLOCATION FUND AND APPROVAL OF THE SUB-ALLOCATION
19. Appraisal of the Scheduled Castes Sub-allocation and Tribal Sub-allocation schemes by
the nodal Agencies
CHAPTER - V
BUDGET PROVISION, DISTRIBUTION AND STRENGTHENING OF IMPLEMENTATION
MACHINERY
20. Budget allocations
21. The Scheduled Castes Sub-allocation and Tribal Sub-allocation Cell in Finance
Department
22. Budget Release Orders
CHAPTER - VI
TRANSPARENCY AND ACCOUNTABILITY IN THE IMPLEMENTATION OF SCHEDULED CASTES
SUB-ALLOCATION OR TRIBAL SUB-ALLOCATION
23. Transparency and accountability
24. Incentives and penalties
25. Cognizance of Offence
26. Annual report to be placed before State Legislature
27. Power to make rules
28. Power to remove difficulties
STATEMENT OF OBJECTS AND REASONS
Act 6 5 of 2013. - In pursuance to Article 46 of the Constitution of India and for effective
implementation of the guidelines issued by the Planning Commission in formulation of Annual plan, it
is considered necessary to provide for earmarking a portion of state plan outlay for the Scheduled
Castes Sub-plan and Tribal Sub-plan,-
(i) for allocation of s tate plan outlay for the Scheduled Castes Sub-plan and Tribal Sub-
plan in proportion to the population of Scheduled Castes and Scheduled Tribes;
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(ii) to make such allocated funds non-divertible;
(iii) to spend for the schemes directly benefiting the Scheduled Castes and Scheduled
Tribes population; and
(iv) for matters connected there with or incidental thereto.
Hence the Bill.
[L.A. Bill No. 25 of 2013, File No. Samvyashae 52 Shasana 2013]
[Entry 20 and 23 of List III of the Seventh Schedule to the Constitution of India.]
Amending Act 38 of 2017. - It is considered necessary to amend the “The Karnataka
Scheduled Castes Sub -Plan and Tribal Sub- Plan (Planning, Allocation and Utilization of
Financial Resources) Act, 2013” (Karnataka Act 65 of 2013) to,-
(i) substitute the words "allocable budget" for the word "plan" and to substitute the word "sub-
allocable budget" for the word "sub-plan" in view of the merging of plan and non- plan distinction
in the budgeting process of the Government, words plan or outlay or annual plan.
(ii) define the words "allocable budget" and "exempted expenditure’’ which are included in the
amendment.
(iii) change the percentage of SC/ST population from 40% to such percentages as may be
prescribed by the Government for purpose of defining SC/ST habitation.
(iv) the designate the Hon'ble Minister for social welfare as Vice -Chairman and also to include
the Chief Secretary as member of the SC/ST State Development Council. Further designation
of Secretary, Social Welfare as Member Secretary of Council.
(v) constitute Taluk level monitoring committee by rules for implementation of Scheduled Castes
Sub-Plan and Tribal Sub-Plan.
(vi) to amend section 13 to allocate the unspent amount in any financial year to next to the
immediately succeeding financial year in the ratio of 2:1 between the concerned administrative
departments and Social Welfare Department for effective use of funds under SCSP/TSP.
(vii) substitute the word "development" for the words "annual and five year plans and", in the
proviso to section 15.
Hence the Bill
[L.A. Bill No.29 of 2017, File No. Samvyashae 27 Shasana 2017]
[entry 20 of List III of seventh schedule of the Constitution of India.]
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KARNATAKA ACT NO. 65 OF 2013
(First published in the Karnataka Gazette Extra-ordinary on theTwenty-seventh day of December, 2013)
THE KARNATAKA SCHEDULED CASTES 1[SUB-ALLOCATION]1 AND TRIBAL 1[SUB-
ALLOCATION]1 (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT,
2013
(Received the assent of the Governor on the twenty-sixth day of December, 2013)
(As amended by Act 38 of 2017)
An Act to provide for earmarking a portion of state 1[allocable budget] 1 for the Scheduled
Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 in proportion to the popul ation of Scheduled
Castes and Scheduled Tribes and to put in place an institutional mechanism for preparation,
implementation and monitoring of 1[sub-allocation]1 and for matters connected therewith or incidental
thereto;
Whereas it is expedient to provide for earmarking a portion of state 1[allocable budget]1 for the
Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 in proportion to the population of
Scheduled Castes and Scheduled Tribes and to put in place an institutional mechanism for
preparation, implementation and monitoring of 1[sub-allocation]1 and for matters connected therewith
or incidental thereto;
Be it enacted by Karnataka State Legislature in the Sixty -fourth year of the Republic of India
as follows:-
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
CHAPTER - I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called the Karnataka Scheduled
Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 (Planning, Allocation and Utilization of Financial
Resources) Act, 2013.
(2) It shall come into force on such date as the State Government may, by notification in the
Karnataka Gazette, appoint, and different dates may be appointed for different provisions of this Act.
This Act has came into force w.e.f. 20.03.2014. by Notification No. ¸ÀPÀE 75 J¸ïJ¯ï¦ 2014, Dated:20.03.2014.
(See the text of the notification at the end of the Act)
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
2. Definitions.- In this Act, unless the context otherwise requires,.-
1[(a) "allocable Budget" means the total expenditure in the Consolidated Fund of the State
excluding exempted expenditure]1
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2[(aa)]2 "Department" means a Government Department entrusted with the
implementation of the 3[allocable budget]3 schemes for the welfare of the Scheduled
Castes and the Scheduled Tribes;
1[(ab) "exempted expenditure" means the expenditure exempted from the applicability of
this Act and includes expenditure on salary, salary Grant in aid, pension,
administrative expenditure, principal repaym ent and interest payment on account of
the State Government's own borrowings and off -budget borrowings by the State
Government Undertakings and any other expenditure of administrative nature
notified by the Government;]1
(b) "Gaps in development" means di fferences in development indicators of the
Scheduled Castes or the 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
2[allocable budget] 2 of the
Departments which benefit all social groups including the Scheduled Castes and the
Scheduled Tribes;
(d) "Government" means, the Government of Karnataka;
(e) "Nodal Agency for SCSA/TSA" means the Nodal Agency constituted under section 5;
(f) "Prescribed" means prescribed by rules made under the Act;
(g) "State Council" means the State Council for Development of the Scheduled Castes
and the Scheduled Tribes constituted under section 3;
(h) "Scheduled Castes and Scheduled Tribes" s hall have the meaning assigned
respectively under clauses(24) and (25) of Article 366 of the Constitution of India;
(i) "Scheduled Castes 3[sub-allocation]3 (SCSA)" means the 3[allocable budget] 3
approved by the State Council for inclusion in the 3[allocable budget] 3 of the
Department to bridge the gap in development of the Scheduled Castes including the
Scheduled Castes component of general schemes;
(j) "Scheduled Castes 3[sub-allocation]3 or Tribal 3[sub-allocation]3 Fund" means a
portion of the total 3[allocable budget] 3 of the State, in a financial year, as
earmarked under the section 13;
(k) "Scheduled Castes 3[sub-allocation]3/Tribal 3[sub-allocation]3 Schemes" means the
Scheduled Castes 3[sub-allocation]3/Tribal 3[sub-allocation]3 schemes included in the
Scheduled Castes 3[sub-allocation]3/Tribal 3[sub-allocation]3 of the Department;
(l) "Scheduled Castes or Scheduled Tribe habitation" means any habitation where
population of the Scheduled Castes or the Scheduled Tribes or combined population
of th e Scheduled Castes and the Scheduled Tribes is not less than
3[such
percentage as may be prescribed]3 of the total population of the habitation;
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(m) "3[sub-allocation]3" means Scheduled Castes 3[sub-allocation]3 (SCSA) or Tribal
3[sub-allocation]3 (TSA) or both;
4[ (n) XXXX]4
(o) "Tribal 3[sub-allocation]3 (TSA)" means the 3[allocable budget] 3 approved, by the
State Council for inclusion in the 3[allocable budget]3 of the Department, to bridge
the gap in development of the Scheduled T ribes including the Scheduled Tribes
component of general schemes;
1. Inserted by Act 38 of 2017 w.e.f.17.07.2017.
2. Clause (a) renumbered as clause (aa) by Act 38 of 2017 w.e.f. 17.07.2017
3. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
4. Omitted by Act 38 of 2017 w.e.f. 17.07.2017.
CHAPTER - II
INSTITUTIONAL ARRANGEMENT
3. The State Council for Development of the Scheduled Castes or the Scheduled
Tribes.- (1) As soon as may be, after the commencement of this Act, the Government shall, by
notification, constitute a Council to-be known as the State Council for the 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 there under.
(2) The State council shall consist of the following, namely:-
(a) The Chief Minister - Chairman
(b) The Minister for Social Welfare - 1[Vice-Chairman]1
(c) The Minister for Parliamentary Affairs and Legislation - Ex-officio Member
(d) The Minister for Rural Development and Panchayat Raj - Ex-officio Member
(e) The Minister for Higher Education - Ex-officio Member
(f) The Minister for Revenue - Ex-officio Member
(g) Five MLAs or MLCs or MPs belonging to SC/ST as
nominated by the Government
- Members
2[(ga) The Chief Secretary to Government - Ex-officio membe]2
(h) The Development Commissioner & Additional Chief
Secretary to Government
- Ex-officio Member
(i) The Secretary/Principal Secretary, Finance Department - Ex-officio Member
(j) The Secretary/Principal Secretary, Planning Department - Ex-officio Member
(k) Secretary/Principal Secretary, Social Welfare Department - Ex-officio Member
Secretary
(3) The Secretary to Government incharge of the Departments for which allocations are made
shall be special invitees of the State Council.
(4) The term of the nominated MLAs or MLCs or MPs shall be thirty months.
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(5) The nominated members shall be eligible for such allowances and fee as may be
prescribed.
(6) The State council shall meet at least twice in a year.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
2. Inserted by Act 38 of 2017 w.e.f.17.07.2017.
4. Functions of the State Council. - The State Council shall perform the following functions,
namely:-
(a) advise the State Government on all the policy matters relating to the Scheduled Castes
1[sub-allocation]1/Tribal 1[sub-allocation]1;
(b) suggest measures for proper planning and implementation of the schemes by the
departments;
(c) approve the annual Scheduled Castes 1[sub-allocation]1/Tribal1[sub-allocation]1
proposals of the Departments; and
(d) perform such other functions as may be prescribed.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
5. Nodal Agency and Nodal Department. - (1) The Nodal Agency for the Scheduled Castes
1[sub-allocation]1/Tribal 1[sub-allocation]1 shall consist of the following, namely:-
(1) The Minister for Social Welfare - Chairman
(2) The Development Commissioner and Additional Chief
Secretary to Government
- Ex-officio Member
(3) The Secretary/Principal Secretary to Government Social
Welfare Department
- 1[Ex-officio Memb er
Secretary]1
(4) The Secretary/Principal Secretary to Government
Finance Department
- Ex-officio Member
(5) The Secretary/Principal Secretary to Government
Planning Department
- Ex-officio Member
(6) The Secretary/Principal Secretary of all other
Departments for which allocations are to be made shall
be Special Invitees
- Ex-officio Members
(7) The Director, Scheduled Tribes Department. - Convener TSA
(8) The Ex -officio Commissioner, Social Welfare
Department.
- Convener SCSA
(2) The Social Welfare Department shall be the Nodal Department for assisting the Nodal
Agency to perform its functions and exercise its powers.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
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6. Functions of the Nodal Agency. -The Nodal Agency with the assistance of the respective
Nodal Department shall perform the following functions, namely:-
(1) Evaluate and appraise the Scheduled Castes 1[sub-allocation]1 or Tribal 1[sub-allocation]1
proposed by the departments for ensuring conformity to the provisions of this Act;
(2) Prepare the State Scheduled C astes 1[sub-allocation]1/Tribal 1[sub-allocation]1 for placing
before the State Council for Development of Scheduled Castes and Scheduled Tribes for
consideration and approval;
(3) Review the implementation and monitoring of the Scheduled Castes 1[sub-
allocation]1/Tribal 1[sub-allocation]1 programme;
(4) Identify impediments and suggest measures for overcoming the impediments;
(5) Co-ordinate with the departments for preparation of the State level and district level
Scheduled Castes 1[sub-allocation]1/Tribal 1[sub-allocation]1;
(6) 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 indica tors as may be
prescribed of Scheduled castes
1[sub-allocation]1/Tribal 1[sub-allocation]1;
(7) Facilitate at least annual social auditing of expenditure of Scheduled Castes 1[sub-
allocation]1 or Tribal 1[sub-allocation]1 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.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
7. Allocation of Scheduled Castes 1[sub-allocation]1 fund and Tribal 1[sub-allocation]1
fund for financing the Scheduled Castes 1[sub-allocation]1/Tribal 1[sub-allocation]1 Schemes
included in the 1[sub-allocation]1.- The Nodal Agency, while indicating allocation of the Scheduled
Castes1[sub-allocation]1 or Tribal 1[sub-allocation]1Fund to the scheduled Castes 1[sub-allocation]1 or
Tribal 1[sub-allocation]1 schemes shall follow the following norms namely:-
(a) for schemes exclusively benefiting the Scheduled Castes or the Scheduled Tribes
individuals or the Scheduled Castes or Scheduled Tribes households 100% of scheme
cost shall be allocated and accounted for under the Scheduled Castes 1[sub-allocation]1 or
Tribal 1[sub-allocation]1 fund;
(b) for schemes benefiting the Scheduled Castes or the Sch eduled Tribes habitations, 100%
of scheme cost shall be allocated and accounted for under the Scheduled Castes 1[sub-
allocation]1 or the Tribal 1[sub-allocation]1 fund. In case of other habitations the cost shall
be allocated and accounted for under the Scheduled Caste 1[sub-allocation]1 or Tribal
1[sub-allocation]1 in proportion of the population of the Scheduled Castes or the Scheduled
Tribes;
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(c) for general social sector schemes, that is education, health, women and child, labour,
physically handicapped included in the 1[sub-allocation]1, benefiting the Scheduled Castes
or Scheduled Tribes individuals or the Scheduled Castes or Scheduled Tribes households,
along with others, the scheme cost shall be allocated and accounted for under Scheduled
Castes
1[sub-allocation]1 or Tribal 1[sub-allocation]1, in proportion to the Scheduled Castes
or Scheduled Tribe population;
(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 provided for the Scheduled
Caste 1[sub-allocation]1 and Tribal 1[sub-allocation]1 respectively.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
8. Recommendation by the Nodal Agencies and the Nodal Department. -The schemes
that fulfill the norms laid down in the Act shall be recommended by the Nodal Agency for inclusion in
the
1[allocable budget] 1 proposals of the departments and aggregated for placing before the State
Council for Development of the Scheduled Castes and Scheduled Tribes for consider ation and
approval as pre-budget process.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
9. Administrative and technical support to the Nodal Department. - The Government shall
provide required Technical and other staff to the Nodal Department with an Administrative and
Technical Support Unit as may be prescribed, to perform the functions and discharge the duties
assigned to it and to assist the Nodal Agency.
10. Department Level
1[Sub-allocation]1 Support Unit.- The departments as identified by
the State Council may establish a 1[sub-allocation]1 Support Unit, as may be prescribed to manage
the respective Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
11. Implementation of the scheduled castes
2[Sub-allocation]2 or tribal 2[Sub-
allocation]2 schemes in districts. - (1) There shall be a District Monitoring Committee in each
district, which shall be responsible for implementation of the Scheduled Castes 2[sub-allocation]2 or
Tribal 2[sub-allocation]2 in the district consisting of the following members, namely:-
(1) The Deputy Commissioner - Chairman
(2) Members of Legislative Assembly representing a part or whole of
the district whose Constituency lie within district and Members of
Legislative Council who are registered as electors within the
district.
- Member
(3) Chief Executive Officer of the Zilla Panchayat - Member
10
(4) The Joint Director, Agriculture - Member
(5) The Executive Engineer, PWD - Member
(6) The District Health Officer - Member
(7) The District level officers respective Departments for which
allocations are made shall be Special Invitees.
- Members
(8) District Social Welfare Officer - Convener SCSA
(9) The District Tribal Welfare Officer or Project Director for the
Scheduled Tribes.
- Convener TSA
(2) The Zilla Panchayat and the District Monitoring Committee of each district shall review the
implementation of the Scheduled Castes 2[sub-allocation]2 or Tribal 2[sub-allocation]2 periodically.
1[(3) The Government may constitute at taluka level Monitoring Committees in such manner
with such Members as may be prescribed which shall also be responsible for implementation of the
Scheduled Castes sub allocation and Tribal sub allocation.]1
1. Inserted by Act 38 of 2017 w.e.f.17.07.2017.
2. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
12. Institutional strengthening for effective implementation and Monitoring. - The
respective departments of Government shall take such measures as may be necessary for
institutional strengthening at State level and District level Offic es by providing necessary guidelines,
staff and training to the staff in the manner prescribed, for effective implementation and monitoring.
CHAPTER - III
PLANNING, RESOURCE ALLOCATION FOR THE SCHEDULED CASTES 1[SUB-ALLOCATION]1
AND TRIBAL 1[SUB-ALLOCATION]1 FUNDS AND SCHEMES
13. Earmarking of the scheduled Castes 1[sub-allocation]1/tribal 1[sub-allocation]1 fund
from 1[allocable budget]1.- The State Government shall, in every financial year, earmark in such
manner as may be prescribed, a portion of the total 1[allocable budget]1 of the State which shall be
proportionate to the Scheduled Castes/Scheduled Tribe population of the State, to be called as the
Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 fund. 1[In case of unspent amount
out of Allocation in a particular financial year, in a particular demand, determined as per the Audited
Accounts, the same may be added to the allocation for the financial year, next to the immediately
succeeding financial year to the same demand of the conce rned Administrative Department and
demand of Social Welfare Department in the ratio of 2:1 respectively]
1, but shall not be carried
further beyond that year:
Provided that, the Fund to be earmarked shall be determined at least two months prior to the
commencement of the next financial year:
Provided further that, the Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1
Fund outlay shall be revised according to State 1[allocable budget]1 final outlay:
11
Provided also that the expenditure of the Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-
allocation]1 fund shall be accounted for in the manner hereafter specified in this Act.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
14. Communication of 1[allocable budget]1 earmarked as the schedul ed Castes 1[sub-
allocation]1/tribal 1[sub-allocation]1 fund to the department. - The Nodal department shall, for
every financial year, communicate, in the manner prescribed, to the other department, a tentative
1[allocable budget] 1 out of Scheduled Castes 1[sub-allocation]1/ Tribal 1[sub allocation] 1 Fund as
earmarked under Section 11 for preparation of respective department wise Scheduled Castes 1[sub-
allocation]1/Tribal 1[sub-allocation]1.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
15. Schemes to be included under the Scheduled Castes
1[sub-allocation]1 and Tribal
1[sub-allocation]1.- The 1[sub-allocation]1 of the departments shall include only such schemes that
secure direct and quantifiable benefit to the Scheduled Castes or the Scheduled Tribes i ndividuals or
the Scheduled Castes/Scheduled Tribes households or the Scheduled Castes/Scheduled Tribes
habitations or Tribal areas and that have the potential to bridge the gaps in the development,
following the norms laid down in this Act and the rules made thereunder:
Provided that the schemes shall be consistent with the 1[Development]1 priorities of the State
of Karnataka as may be communicated by the Planning department.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
16. Obligation to cover the scheduled Castes/scheduled tribes in general schemes .-
The departments shall ensure coverage of the Scheduled Castes or the Scheduled Tribes in the
ongoing general schemes consistent with their eligibility for the same.
17. Formulation of the scheduled Cast es 1[sub-allocation]1 or tribal 1[sub-allocation]1
schemes and preparation of 1[sub-allocation]1 by the department.- On receipt of communication
under section 14, each department, shall after estimating the gaps in the development of the
Scheduled Castes and the Scheduled Tribes, prioritize the development needs of the Scheduled
Castes and Scheduled Tribe through a consultative process, as may be prescribed, and shall
formulate the Scheduled Castes
1[sub-allocation]1/Tribal 1[sub-allocation]1 schemes and pr epare the
1[sub-allocation]1 comprising of the Scheduled Castes 1[sub-allocation]1/Tribal 1[sub-allocation]1
schemes,-within the State 1[allocable budget]1 priorities as communicated under section 14.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
18. Submission of 1[sub-allocation]1 proposed to be included in the 1[allocable budget]1
for appraisal.- Each Department, excluding the departments separately notified under this Act, shall
submit, each year to the Nodal Department, the 1[sub-allocation]1 comprising of the Scheduled
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Castes 1[sub-allocation]1 or Tribal 1[sub-allocation]1 Schemes proposed to be included in the
1[allocable budget]1, for appraisal by the Nodal Agency concerned, within such time frame and in such
format, as may be prescribed.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
CHAPTER - IV
APPRAISAL, ALLOCATION OF THE SCHEDULED CASTES 1[SUB-ALLOCATION]1/TRIBAL
1[SUB-ALLOCATION]1 FUND AND APPROVAL OF THE 1[SUB-ALLOCATION]1
19. Appraisal of the Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1
schemes by the nodal Agencies. -The Nodal Agency for Scheduled Castes 1[sub-allocation]1 or
Tribal 1[sub-allocation]1, shall take up appraisal of the Scheduled Castes 1[sub-allocation]1 schemes
and Tribal 1[sub-allocation]1 schemes r espectively submitted by departments, to ensure conformity
with the provisions of this Act.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
CHAPTER - V
BUDGET PROVISION, DISTRIBUTION AND STRENGTHENING OF IMPLEMENTATION
MACHINERY
20. Budget allocations. - The annual Scheduled Castes 1[sub-allocation]1 or Tribal 1[Sub-
allocation]1 approved by the State Council shall be included in the Demands for Grants of the
departments under the relevant head of account for the Scheduled Castes 1[sub-allocation]1 or Tribal
1[sub-allocation]1.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
21. The Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 Cell in Finance
Department.- There shall be an exclusive cell in the 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.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
22. Budget Release Orders.- Budget Release Orders shall be issued to each department, for
the amount provided in the Budget Estimates for the Scheduled Castes 1[sub-allocation]1 or Tribal
1[sub-allocation]1 immediately after passing of the budget by the State Legislature in accordance with
the provisions of this Act.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
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CHAPTER - VI
TRANSPARENCY AND ACCOUNTABILITY IN THE IMPLEMENTATION OF SCHEDULED
CASTES 1[SUB-ALLOCATION]1 OR TRIBAL 1[SUB-ALLOCATION]1.
23. Transparency and accountability. - (1) Each department shall ensure transparency and
accountability at all levels in the implementation of the Schedule castes 1[sub-allocation]1 and Tribal
1[sub-allocation]1 schemes.
(2) Each department shall, host the documents as may be prescribed in public domain.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
24. Incentives and penalties. - The Government shall formulate an appropriate scheme, to
award incentives for commendable performance. Any functionary or official being a public servant
willfully neglects his duties required to be performed by him under this Act shall be subjected to
disciplinary action under the relevant service/disciplinary rules applicable to the Government officials
and functionaries or as decided by the Nodal agency for the Scheduled Castes
1[sub-
allocation]1/Tribal 1[sub-allocation]1 depending upon the intensity of such negligence shall be
punishable with an imprisonment for a term which may extend up to six months.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
25. Cognizance of Offence. - Offences specified under section 24 shall be non- cognizable.
No court shall take cognizance of the said offence except upon a complaint in writing made by the
prescribed Authority.
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 the Scheduled
Castes 1[sub-allocation]1 or Tribal 1[sub-allocation]1 containing, department wise achievements and
the un-utilized funds during the financial year under report.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
27. Power to make rules. - (1) Subject to the other provisions of this Act, the Government
may, by notification after previous publication 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 S cheduled Castes and Schedule Tribes under
section 2;
14
(b) constitution of and transaction of business in the State Council for development of
Scheduled Castes and Scheduled Tribes;
(c) the qualification, disqualification and other allowances to the non- official members of the
State Council under section 3;
(d) maintenance of a web portal by the Nodal Agency under section 6;
(e) constitution of Administrative and Technical support Unit in Nodal Department for
Schedule Castes
1[sub-allocation]1/Tribal 1[sub-allocation]1 under section 9;
(f) constitution of 1[sub-allocation]1 Support Unit at department level under section 10;
(g) institutional strengthening at State, district and sub- district level for ensuring effective
implementation, awareness, mass contact programme, social audit and monitoring of
Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 under section12;
(h) earmarking Scheduled Castes 1[sub-allocation]1/Tribal 1[sub-allocation]1 Funds from the
1[allocable budget]1 under section 13;
(i) identification of scheduled Castes 1[sub-allocation]1/Tribal 1[sub-allocation]1 Schemes and
preparation of 1[sub-allocation]1 by the departments under section 18;
(j) preparation of budget proposal of Scheduled Castes 1[sub-allocation]1/Tribal 1[sub-
allocation]1 for appraisal by the Nodal Departments under section 19;
(k) strengthen the Finance Department for monitoring expenditure under the Scheduled
Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 under section 22; and
(l) procedures for ensuring transparency and accountability in the implementation of
Scheduled Castes 1[sub-allocation]1 and Tribal 1[sub-allocation]1 under section 23.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is made before
each House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so however that any such
modification or annulment shall be without prejudice to the validi ty of anything previously done under
that rule.
1. Substituted by Act 38 of 2017 w.e.f. 17.07.2017.
28. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions
of this Act, the Government may, by order published in the Official Gazette, make such provisions as
appear to it to be necessary or expedient to remove 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.
15
The above translation of PÀ£ÁðlPÀ C£ÀĸÀÆavÀ eÁwUÀ¼À G¥ÀAiÉÆÃd£É ªÀÄvÀÄÛ §ÄqÀPÀlÄÖ G¥ÀAiÉÆÃd£É
(AiÉÆÃd£É gÀƦ¸ÀĪÀÅzÀÄ, DyðPÀ ¸ÀA¥À£ÀÆä®UÀ¼À ºÀAaPÉ ªÀÄvÀÄ Û §¼ÀPÉ) C¢s¤AiÀĪÀÄ, 2013 (2013gÀ PÀ£ÁðlPÀ
C¢s¤AiÀĪÀÄ ¸ÀASÉå 65) be published in the Official Gazette under clause (3) of Article 348 of the
Constitution of India.
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
By Order and in the name of the Governor of Karnataka
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs and Legislation
PÀ£ÁðlPÀ ¸ÀPÁðgÀ
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«zsÁ£À ¸ËzsÀ
¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 20.03.2014.
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(J£ï. £ÀgÀ¹AºÀªÀÄÆwð)
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¸ÀªÀiÁd PÀ¯Áåt E¯ÁSÉ.
16
KARNATAKA ACT NO. 38 OF 2017
(First published in the Karnataka Gazette Extra-ordinary on the seventeenth day of July, 2017)
THE KARNATAKA SCHEDULED CASTES SUB-PLAN AND TRIBAL SUB-PLAN (PLANNING,
ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) (AMENDMENT) ACT, 2017
(Received the assent of the Governor on the fourteenth day of July, 2017)
An Act to amend the Karnataka Scheduled Castes Sub-Plan and Tribal sub-plan (Planning,
Allocation and Utilization of Financial Resources) Act, 2013;
Whereas it is expedient to amend the Karnataka Scheduled Castes Sub-Plan and Tribal sub-
plan (Planning, Allocation and Utilization of Financial Resources) Act, 2013 (Karnataka Act 65 of
2013) for the purposes hereinafter appearing;
Be it enacted by Karnataka State Legislature in the sixty-eighth year of the Republic of India
as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Scheduled
Castes Sub-Plan and Tribal sub-plan (Planning, Allocation and Utilization of Financial Resources)
(Amendment) Act, 2017.
(2) It shall come into force at once.
2. Substitution of expression. - In the Karnataka Scheduled Castes Sub- Plan and Tribal
sub-plan (Planning, All ocation and Utilization of Financial Resources) Act, 2013
(Karnataka Act 65 of 2013) (hereinafter referred to as the principal Act) in the title,
preamble, short title and in the Act,-
(i) for the words "plan” or “plan outlay” or “annual plan" wherever they occur, the
words "allocable budget" shall be substituted; and
(ii) for the words "sub- plan" wherever they occur, the words "sub- allocation" shall
be substituted.
(Section 2,3,5,11,13,15 are is incorporated in the principal Act)