(1) This Act may be called the Uttarakhand Scheduled Castes Sub- Plan and Tribal Sub-Plan (Planning, Allocation and Utilization) Act, 2013.
(2) It extends to the whole of the State of Uttarakhand.
(3) They shall come into force on the date of their publication in the official Gazette.
Definitions 2. In this Act, unless the Context otherwise requires-
(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 / - 15 - Tribal Sub Plan" headed by Minister of Social Welfare;
(d) "Nodal Department" means Social Welfare Department of the Government of Uttarakhand;
(e) "the Scheduled Castes" and "Scheduled Tribes" means the Scheduled Castes and Scheduled Tribes as notified in the constitution of India;
(f) "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-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;
(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-Plan/Tribal Sub-Plan of the Departments;
(j) "General Schemes" means schemes included in the Annual Plans of the Departments which benefit all social groups including Scheduled Castes and Scheduled Tribes;
(k) "Department" means any Government Department concerned with implementation of the plan schemes for the welfare of Scheduled Castes and Scheduled Tribes;
(l) "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 - 16 - habitation where population of Scheduled Castes or Scheduled Tribes is not less than fourty percent of the total population of habitation;
(o) "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 Scheduled Castes Sub- Plan/Tribal Sub-Plan Fund from Plan outlays
3. The State shall, 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. The Fund to be earmarked is determined prior to commencement of the next financial year.
The Scheduled Castes Sub-Plan and Tribal Sub-Plan Fund outlay shall be revised according to State Annual Plan final outlay andd the expenditure of the SCSP/TSP Fund shall be accounted for separately.
Communication of Plan outlay
4. The department as may be authorized 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.
Schemes to be included under the Scheduled Castes Sub- Plan and Tribal Sub- Plan
5. The Sub-Plans of the departments shall include 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. Besides, outlay for area-oriented schemes directly benefiting Scheduled Castes hamlets/villages having a majority of Scheduled Castes population/tribal hamlets and villages shall - 17 - 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 equity among Scheduled Castes and Scheduled Tribes
6. 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.
Obligation to cover Scheduled Castes/ Scheduled Tribes in general schemes
7. The departments shall ensure coverage of Scheduled Castes/Scheduled Tribes in the ongoing general schemes consistent with their eligibility for the same.
Formulation of Scheduled Castes Sub- Plan/ Tribal Sub-Plan schemes and preparation of Sub-Plans by the department
8. On receipt of communication each department, shall, after estimating the gaps in the development of Scheduled Castes/Scheduled Tribes through a consultative process, as may be prescribed, and shall formulate the Scheduled Castes Sub- Plan/ Tribal Sub-Plan and prepare the Sub-Plans comprising of the Scheduled Castes Sub-Plan/ Tribal Sub-Plan schemes, with in the State Plan priorities.
Submission of Sub-Plans proposed to be included in the Annual Plan for appraisal
9. Each Department shall submit, each year, to the Nodal Department, 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 State Committee within the timeframe and in the format, as may be prescribed.
- 18 - Chapter – III Appraisal, Allocation of Scheduled Castes Sub-Plan /Tribal Sub- Plan Fund and Approval of the Sub-Plans Appraisal of the Scheduled Castes Sub- Plan and Tribal Sub- Plan Schemes by the Nodal Agencies
10. The State Committee 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.
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
11. The State committee 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 Castes/Scheduled Tribes individuals or Scheduled Castes/Scheduled Tribes 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 Castes/ Scheduled Tribes habitations/revenue village/urban ward, 100% of scheme cost shall be allocated and accounted for under Scheduled Castes Sub- Plan/ Tribal Sub-Plan fund. In case of other habitations 100% cost 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 Caste 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 - 19 - 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 Nodal Department shall be deemed to have been attributed for Scheduled Castes Sub-Plan and Tribal Sub-Plan respectively.
Recommendation by the Nodal Agencies and Nodal Department.
12. The schemes that fulfill the norms laid down in the Act shall be approved by the state committee for inclusion in the Annual Plan proposals of the departments and aggregated for Development of Scheduled Castes and Scheduled Tribes, so that the Departments can make necessary arrangements for budget provisioning.
Chapter – IV Budget Provisioning, Distribution and Strengthening of Implementaion Machinery Budget allocations.
13. The outlay/budget for Scheduled Castes Sub-Plan/Tribal Sub-Plan 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- Plan.
Scheduled Castes Sub- Plan and Tribal Sub- Plan wing in Finance Department
14. The Government shall appropriately strengthen the Finance Department as may be prescribed for performing the functions relating to Budget implementation and allocation according to the provisions of this Act within the overall discipline of the ways and means position as determined by the Finance department.
Budget release Orders
15. Budget Release Orders shall be issued to each department, for the amount provided in the Budget Estimates for Scheduled Castes - 20 - 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 State Committee for implementation and monitoring of Scheduled Castes/ Scheduled Tribes Sub Plan