Uttarakhand Scheduled Castes Sub Plan and Tribal Sub Plan (Planning, Allocation and Utilization) Act, 2013 (No. 33 of 2013)

(a) "State" means Uttarakhand State;

(b) "State Government" means the State Government of Uttarakhand;

(c) "State Committee" means "the State Committee for Implementation and Monitoring of Scheduled Castes Sub Plan / - Tribal Sub Plan" headed by Minister of Social Welfare;

(d) "Nodal Department" means Social Welfare Department of the Government of Uttarakhand ;

(e) "Scheduled Castes" and "Sched uled Tribes" means the Scheduled Castes and Scheduled Tribes as notified in the constitution of India; (I) "Scheduled Castes Sub Plan(SCSP)" means the plan approved by the State committee for inclusion in the Annual Plan of the Department to bridge the gap in development of Scheduled Castes; (g) "Tribal Sub Plan (TSP)" means the plan approved by the state . committee for inclusion in the Annual Plan of the Department, to bridge the gap in development of Scheduled Tribes ; (h) "Scheduled Castes Sub Planlfribal Sub Plan fund" means a portion of the total plan outlay of the state in a financial year, as earmarked under the section 3; (i) "Scheduled Castes Sub Plan/Tribal Sub Plan Schemes" means the Scheduled Castes Sub Plan/Tribal Sub Plan Schemes included in the Scheduled Castes Sub PlanlTribal Sub Plan of the Departments; G) "Gener al Schemes" means schemes included in the Annual Plans of the Departments which benefit all social groups including Scheduled Castes and Scheduled Tribes; (k) "Depar tment" means any Government Department concerned With implementation of the -plan schemes for the welfare of Scheduled Castes and Scheduled Tribes ; 14 \jiiiCl~u;S 31t1IE1liC ul Tf\JI"C. 01 ~"iR, 2013 ~O (31I~(FI 09, 1935 w<P ~) (I) "Gaps in development" means differences in development indicators of Scheduled Castes/Scheduled Tribes when compared to the state averages; (m) "Sub Plans" means Scheduled Castes Sub Plan(SCSP) /Tribal Sub Plan(TSP) or both; (n) "Scheduled Castes/Scheduled Tribes habitation" means any habitation where population of Scheduled Castes or Scheduled Tribes is not less than fourty percent of the total population of habitation; (0) "Notification" means notification published in the Gazette of Uttarakhand, ) /' Chapter-II Planning, Resource Allocation For Scheduled Castes Sub Plan and Tribal Sub Plan Funds and Schemes Earmarking of 3. The State shall, every financial year, earmark in such manner as Scheduled may be prescribed, a portion of the total Plan outlay of the State Castes Sub which shall be proportionate to the Scheduled Castes/Scheduled Plan/Tribal Tribes population of the State, to be called as Scheduled Castes Sub Plan Fund Sub Plan and Tribal Sub-Plan Fund. The Fund to be earmarked is from Plan determined prior to commencement of the next financial year. outlay The Scheduled Castes Sub Plan and Tribal Sub Plan Fund outlay shall be revised according to State Annual Plan final outlay and the expenditure of the SCSPITSP Fund shall be accounted for separately. Communication 4. The department as may be authorized by the Government shall, of Plan outlay every financial year, communicate, in the manner prescribed, to the other departments, a tentative plan outlay out 'of Scheduled Castes Sub PlanITribal Sub Plan. Schemes to be 5. The Sub Plans of the departments shall include such schemes that included under secure direct and quantifiable benefits to the Scheduled the Scheduled Caste/Scheduled Tribe individuals or Scheduled Caste/Scheduled Castes Sub Tribe households or Scheduled Caste/Scheduled Tribe habitations Plan and Tribal or Tribal areas and that have the potential to bridge the gaps in Sub Plan development. Besides, outlay for area-oriented schemes directly ••: ·- . io--·.•_·.. ·.. ~ \3'\1'<I~o;g 31'f1IElI'<01 7J\il""C. 01 ~'R. 2013 to (~ 09 . 1935 WCf) "'fI"l'<mJ 15 benefiting Scheduled Castes hamlets/villages/wards having a majority of Scheduled Castes population and Scheduled Tribe~ hamlets/villages/wards having a majority of Scheduled Tribes population shall be included in SCSP and TSP : Provided that the Schemes should be consistent with the Annual and Five Year Plans .and priorities of the State of Uttarakhand as may be communicated by the Planning department. Promotionof 6. The departments shall prepare Scheduled Castes Sub PJan! Tribal equity among Sub Plan to promote equity in the development among various Scheduled social groups within Scheduled Castes/Scheduled Tribes and Castes and focused development of Backward Scheduled Caste/Scheduled Scheduled Tribe habitations. Tribes Obligation to 7. The departments shall ensure coverage of Scheduled cover .Scheduled Castes/Scheduled Tribes in the ongoing general schemes Castes! consistent with their eligibility for the same. Scheduled Tribes in general schemes Formulation of 8. On receipt of communication each department, shall, after Scheduled estimating the gaps in the development of Scheduled Castes Sub Castes/Scheduled Tribes through a consultative process, as may Plantrribal be prescribed, and shall formulate the Scheduled Castes Sub Sub Plan Planffribal Sub Plan and prepare the Sub Plans comprising of the schemes and Scheduled Castes Sub Plan! Tribal Sub Plan schemes, with in the preparation of Sub Plans by State Plan priorities. the departments Submission of 9. Each Department shall submit , each year, to the Nodal Sub Plans Department, the Sub Plans comprising ~f Scheduled Castes Sub- proposed to be Plan/Tribal Sub Plan Schemes proposed to be included in the included in the Annual Plan, for appraisal by the State Committee within the Annual Plan timeframe and in the format, as may be prescribed. for appraisal 16 \3'd«I&u'5 3ftflblli{ul "lJ\ifC, 01 ~iR, 2013 ~O (~ 09, 1935 Wf) ~) Chapter - III Appraisal, Allocation of Scheduled Castes Sub Plan /fribal Sub Plan Fund and Approval of The Sub Plans Appraisal of 10. The State Committee for Scheduled Castes Sub-Plan! Tribal Sub- the Scheduled Plan, shall take up appraisal of the Scheduled Castes Sub-Plan Castes Sub schemes and Tribal Sub-Plan schemes respectively submitted by Plan and . departments, to ensure conformity with the conditions and norms Tribal Sub laid down in the Act. Plan Schemes by the Nodal Agencies Allocation of 11. The State committee while indicating allocation of Scheduled Scheduled Castes Sub Plan Fund and Tribal Sub Plan Fund to the Scheduled Castes Sub Plan Castes Sub Plan! Tribal Sub Plan schemes shall follow the Fund and following norms ; namelyi- Tribal Sub Plan (a) for schemes exclusively benefitting Scheduled Castes/Scheduled Fund for Tribes individuals or Scheduled Castes/Scheduled Tribes financing the households, 100% of scheme cost shall be allocated and Scheduled accounted for under Scheduled Castes Sub Plan! Tribal Sub Plan Castes Sub fund; Plan/ Tribal (b) for schemes benefitting Scheduled Castes/Scheduled Tribes Sub Plan habitations/revenue village/urban . ward, 100% I of . scheme cost . schemes shall be allocated and accounted for under Scheduled Castes Sub included in the PlanfTribal Sub Plan fund . In case of other habitations 100% cost Sub Plan of the schemes shall be allocated and accounted for under Scheduled Castes Sub Plan and Tribal Sub Plan if the benefit of schemes is exclusively provided to Scheduled Castes/Scheduled Tribes hamlets or group of scheduled Castes or Scheduled Tribes population inhabiting with in the limits of the habitations/revenue village/urban ward; (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; . i3'cti{I'&!o;g 3\'tiIElIi{ 01 Tf\ilC, 01 ~. 2013 to (311ft<r;:f 09, 1935 '~ ~ 17 (d) in respect of non-divisible infrastructure works a portion of the scheme cost as may be determined by the Nodal Department shall be deemed to have been attributed for Scheduled Castes Sub Plan and Tribal Sub Plan respectively. Recommenda- 12. The schemes that fulfill the norms laid down in the Act shall be tion by the approved by the state committee for inclusion in the Annual Plan State proposals of the departments and aggregated for Development of Committee Scheduled Castes and Scheduled Tribes, so that the Departments can make nec~ssary arrangements for budget provisioning. Chapter-IV Budget Provisioning, Distribution And Strengthening of Implementaion Machinery. Budget 13. The outlaylbudget for Scheduled Castes Sub-Plan/Tribal Sub-Plan allocations , approved by the State Committee shall be included in the Demands for grants for the departments under the Grant Head 30 and 31 respectively for the Scheduled Castes Sub, Plan and Tribal Sub f - Plan. Scheduled 14. The Government shall appropriately strengthen the Finance Castes Sub Department as may be prescribed for performing the functions Plan and relating to Budget implementation and allocation according to the Tribal Sub provisions of this Act within the overall discipline of the ways and Plan wing in means position as determined by the Finance department. Finance Department Budget release 15. Budget Release Orders shall be issued to each department, for the Orders amount provided in the Budget Estimates for Scheduled Castes Sub Planffribal Sub Plan immediately after passing of the budget by the State Legislature in accordance with the schedule and /" norms prescribed. 18 \:h1'(I&u~ at'tlIElI,<ul "If\il"C, 01 ~, 2013 io (31"TftcR 09, 1935 "Uij) ~J Chapter- V Institutional Arrangements State 16. (1) As soon as may be, after the commencement of this Act, the Committee for . Government shall, by notification, constitute a State Committee implementation under the Minister of Social Welfare, to be known as the State and monitoring Committee for implementation and monitoring of Scheduled of Scheduled Castes and Scheduled Tribes Sub Plan, to exercise the powers Castes/ Scheduled conferred and to perform the functions assigned to it under the Tribes Sub Plan Act and the rules made there under. (2) The State committee shall meet at least twice in a year. Functions of 17. The State Committee shall -- the State (a) advise the State Government on all tne policy matters relating to Committee Scheduled Castes Sub Plan! Tribal Sub Plan. (b) suggest measures for proper planning and implementation of the scheme by the departments; (c) with the assistance of the Nodal Department. evaluate and appraise Scheduled Castes Sub Plan/Tribal Sub Plan proposed by the departments for ensuring conformity to the provisions of this Act; (d) approve the Annual Scheduled Castes Sub PlanJTribal Sub Plan proposals of the Departments; (e) review the implementation and monitoring of the Scheduled Castes Sub Plan/Tribal Sub Plan programme;

(f) identify impediments and suggest measures for overcoming the impediments;

(g) perform such other functions as may be prescribed. Note-- The directions of the State committee shall be binding on the Departments. Nodal 18. The Social Welfare Department will act as Nodal Department for Department assisting the state committee to perform its functions and exercise its powers. ".. \'l't!i(I€lo'S 3l'fl IEl 1'<01 "If\jf"G. 01 ~. 2013 ~O (~ 09. 1935 W<fi ~J 19 Functions of 19. The Nodal department shall be following functions; namely :-- the Nodal (a) Nodal Department shall co-ordinate with the departments for Department ' preparation of State level and district level Scheduled Castes Sub Plan/Tribal Sub Plan; (b) Prepare State Scheduled Castes Sub Plan/Tribal Sub Plan for placing before the State committee for consideration and approval; (c) Recommend reallocation of Scheduled Castes Sub Plan/Tribal Sub Plan funds from a department to other department; (d) 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. Establishment 20. The Government shall appropriately strengthen the Nodal of Separate Department of Social Welfare with an Administrative and Administra- Technical Unit to perform the functions and discharge the duties tive and assigned to it and to assist the state committee. Technical unit , " Department 21. The departments as identified by the State Committee may level Sub Plan establish a Sub Plan Support Unit, as may be prescribed to Support Unit . manage the respective Scheduled Castes Sub Plan and Tribal Sub Plan. Implementation 22. (1) The Government shall constitute a District Monitoring of Scheduled Committee in each district with the District Collector as its Castes Sub Chairman, which shall be responsible for implementation of the Plan/Tribal Sub Scheduled Castes Sub Planffribal Sub Plan in the district. Plan schemes in (2) The District Planning Committees of each district shall review the districts the implementation of Scheduled Castes Sub Planffribal Sub Plan periodically. Institutional 23. The respective departments of Government shall take ~uch strengthening measures as may be necessary for 'institutional strengthening of " for effective State, District and Sub-District units ,by providing necessary implementa- , guidelines, staff and training to the staff in the manner prescribed, tion and ", for effective implementation and monitoring. monitoring t- 20 \i'd,<I&o\S 31'f1IE1I,<01 7f\ifC. 01 ~. 2013 ~O (~ 09. 1935 "Uif) ~) Chapter- VI Transparency and Accountability in the Implementation of \ Scheduled Castes Sub Plan! Tribal Sub Plan '" Transparency 24. (1) Each department shall ensure transparency and accountability at all and levels in the implementation of Scheduled Castes Sub Plan and accountability Tribal Sub Plan schemes. (2) Each department shall host the documents, as may be prescribed in public domain. Incentives and 25. The Government shall formulate an appropriate scheme, to award penalties 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. Annual 26. The Nodal agency shall place before the Cabinet, an Annual Report to be Report on outcome of implementation of SchedJled Castes Sub placed before PlanJTribal Sub Plan containing department-wise achievements Cabinet and the un-utilised funds during the financial year under report. Power to make 27~ (1) Subject to the other provisions of this Act, the Government may, Rules 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; .'" (b) earmarking Scheduled Castes Sub-Plan/Tribal Sub-Plan Funds from the plan outlays; (c) identification of Scheduled Castes Sub PlanlTribal Sub Plan and preparation of Sub Plans by the departments; (d) preparation of budget proposal of Scheduled Castes Sub Plan/Tribal Sub Plan for appraisal by the Nodal Departments; . \3'di(I~u;g 31t1IQIi( ul T(\jfC. 01 ~. 2013 ~O (~ 09. 1935 ~ ~J 21 (e) "strengthen the Finance Department for monitoring expenditures under the Scheduled Castes Sub Plan and Tribal Sub Plan; (f) constitution of, and transaction of business in the State committee for implementation and monitoring of Scheduled Castes Sub Plan and Tribal Sub Plan; the qualification, disqualification and other allowances to the non-official members of the State Council; (g) Designation of Nodal Department for Scheduled Castes Sub Plan and Tribal Sub Plan; (b) maintenance of a web portal by the Nod~l Department; (i) constitution of Administrative and Technical Support unit in Nodal Department for Scheduled Castes Sub Plan/Tribal Sub Plan; (j) constitution of Sub Plan Support Unit at department level; (k) constitution of District Monitoring Committees and the connected matters; (I) institutional strengthening at State, district and sub-district level for ensuring effective implementati?n, awareness, mass contact programme and monitoring of Scheduled Castes Sub Plan and Tribal Sub Plan; (m) procedure for ensuring transparency and accountability in the implementation of Scheduled Castes Sub Plan and Tribal Sub Plan. (3) Every rule made under this Act shall, immediately after it is made shall be laid before the Vidhan Sabha. Power to 28. (1) If any difficulty arises in giving effect to the provisions of the Act, remove the Government may, by order, make such provisions or give difficulties 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. 22 ,:rfl,<l&u;S 31f1lEil,<ul ""lj\jf"C, 01 ~, 2013 ~O (3ITftq;:J 09, 1935"Ui'f> w:<rffJ (2) Every order made under this section shall be laid as soon as it is made before the Vidhan Sabha. Repeal and 29. (1) The Uttarakhand Scheduled Castes Sub Plan and Tribal Sub Plan saving (planning, Allocation and Utilization) ordinance, . 2013 (Ordinance No. 02, Year 2013) is hereby repealed. (2) Notwithstanding such repeal, anything done, or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. By Order, K. D. BHATT, Principal Secretary. 1 \ tfio~o~o (an:x0~0) 60 fc\mlftj544-2013-10D+500 (Cf)WIP~j~)I '-"'6- r ·: