Karnataka act 065 of 2013 : The KARNATAKA SCHEDULED CASTES SUB-ALLOCATION AND TRIBAL SUB-ALLOCATION (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) ACT, 2013

KARNATAKA 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 65 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 state 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 state¹[allocable budget]¹for the Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹in proportion to the population of Scheduled Castes and Scheduled Tribes and to put in place an institutional mechanism for preparation, implementation and monitoring of¹[sub-allocation]¹and for matters connected therewith or incidental thereto;

Whereas it is expedient to provide for earmarking a portion of state¹[allocable budget]¹for the Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹in proportion to the population of Scheduled Castes and Scheduled Tribes and to put in place an institutional mechanism for preparation, implementation and monitoring of¹[sub-allocation]¹and 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 201 7 w.e.f. 1 7.07.201 7.

CHAPTER - I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be called the Karnataka Scheduled Castes¹[sub-allocation]¹and Tribal¹[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. À̧PÀE 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 201 7 w.e.f. 1 7.07.201 7.

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 the³[allocable budget]³schemes 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 repayment 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 differences 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 the²[allocable budget]²of 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" shall have the meaning assigned respectively under clauses(24) and (25) of Article 366 of the Constitution of India;

(i) "Scheduled Castes³[sub-allocation]³(SCSA)" means the³[allocable budget]³ approved by the State Council for inclusion in the³[allocable budget]³of the Department to bridge the gap in development of the Scheduled Castes including the Scheduled Castes component of general schemes;

(j) "Scheduled Castes³[sub-allocation]³or Tribal³[sub-allocation]³Fund" means a portion of the total³[allocable budget]³of the State, in a financial year, as earmarked under the section 13;

(k) "Scheduled Castes³[sub-allocation]³/Tribal³[sub-allocation]³Schemes" means the Scheduled Castes³[sub-allocation]³/Tribal³[sub-allocation]³schemes included in the Scheduled Castes³[sub-allocation]³/Tribal³[sub-allocation]³of 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 the Scheduled Castes and the Scheduled Tribes is not less than³[such percentage as may be prescribed]³of the total population of the habitation;

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(m) "³[sub-allocation]³" means Scheduled Castes³[sub-allocation]³(SCSA) or Tribal

3 [sub-allocation] 3 (TSA) or both;

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(o) "Tribal³[sub-allocation]³(TSA)" means the³[allocable budget]³approved, by the State Council for inclusion in the³[allocable budget]³of the Department, to bridge the gap in development of the Scheduled Tribes 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 3 8 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:-

(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

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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 Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹ proposed by the departments for ensuring conformity to the provisions of this Act;

(2) Prepare the State Scheduled Castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹for 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 Castes¹[sub- allocation]¹/Tribal¹[sub-allocation]¹programme;

(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 Castes¹[sub-allocation]¹/Tribal¹[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 indicators as may be prescribed of Scheduled castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹;

(7) Facilitate at least annual social auditing of expenditure of Scheduled Castes¹[sub- allocation]¹or Tribal¹[sub-allocation]¹funds 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 201 7 w.e.f. 1 7.07.201 7.

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]¹or Tribal¹[sub-allocation]¹Fund to the scheduled Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹schemes 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 Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹fund;

(b) for schemes benefiting the Scheduled Castes or the Scheduled Tribes habitations, 100% of scheme cost shall be allocated and accounted for under the Scheduled Castes¹[sub- allocation]¹or the Tribal¹[sub-allocation]¹fund. In case of other habitations the cost shall be allocated and accounted for under the Scheduled Caste¹[sub-allocation]¹or 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 the¹[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 Castes¹[sub-allocation]¹or Tribal¹[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 Caste¹[sub-allocation]¹and Tribal¹[sub-allocation]¹respectively.

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 the¹[allocable budget]¹proposals of the departments and aggregated for placing before the State Council for Development of the Scheduled Castes and Scheduled Tribes for consideration 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 a¹[sub-allocation]¹Support Unit, as may be prescribed to manage the respective Scheduled Castes¹[sub-allocation]¹and Tribal¹[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 Castes²[sub-allocation]²or Tribal²[sub-allocation]²in the district consisting of the following members, namely:-

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(2) The Zilla Panchayat and the District Monitoring Committee of each district shall review the implementation of the Scheduled Castes²[sub-allocation]²or Tribal²[sub-allocation]²periodically.

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 201 7 w.e.f.1 7.07.201 7.

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 Offices 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 total¹[allocable budget]¹of the State which shall be proportionate to the Scheduled Castes/Scheduled Tribe population of the State, to be called as the Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹fund.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 concerned 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 Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹ Fund outlay shall be revised according to State¹[allocable budget]¹final outlay:

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Provided also that the expenditure of the Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub- allocation]¹fund shall be accounted for in the manner hereafter specified in this Act.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

14. Communication of ¹[allocable budget]¹ earmarked as the scheduled 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 Castes¹[sub- allocation]¹/Tribal¹[sub-allocation]¹.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

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 individuals 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 the¹[Development]¹priorities of the State of Karnataka as may be communicated by the Planning department.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

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 Castes 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 Castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹schemes and prepare the

1 [sub-allocation] 1 comprising of the Scheduled Castes 1 [sub-allocation] 1 /Tribal 1 [sub-allocation] 1 schemes,-within the State¹[allocable budget]¹priorities as communicated under section 14.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

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, the¹[sub-allocation]¹comprising of the Scheduled

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Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹Schemes 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 201 7 w.e.f. 1 7.07.201 7.

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 Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹, shall take up appraisal of the Scheduled Castes¹[sub-allocation]¹schemes and Tribal¹[sub-allocation]¹schemes respectively submitted by departments, to ensure conformity with the provisions of this Act.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

CHAPTER - V

BUDGET PROVISION, DISTRIBUTION AND STRENGTHENING OF IMPLEMENTATION

MACHINERY

20. Budget allocations.- The annual Scheduled Castes¹[sub-allocation]¹or Tribal¹[Sub- allocation]¹approved by the State Council shall be included in the Demands for Grants of the departments under the relevant head of account for the Scheduled Castes¹[sub-allocation]¹or Tribal

1 [sub-allocation] 1 .

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

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 201 7 w.e.f. 1 7.07.201 7.

22. Budget Release Orders.- Budget Release Orders shall be issued to each department, for the amount provided in the Budget Estimates for the Scheduled Castes¹[sub-allocation]¹or 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 201 7 w.e.f. 1 7.07.201 7.

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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 castes¹[sub-allocation]¹and 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 201 7 w.e.f. 1 7.07.201 7.

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 Castes¹[sub- allocation]¹/Tribal¹[sub-allocation]¹depending 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 201 7 w.e.f. 1 7.07.201 7.

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 Castes¹[sub-allocation]¹or Tribal¹[sub-allocation]¹containing, department wise achievements and the un-utilized funds during the financial year under report.

1 . Substituted by Act 38 of 201 7 w.e.f. 1 7.07.201 7.

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 Scheduled Castes and Schedule Tribes under section 2;

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(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 Castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹under section 9;

(f) constitution of¹[sub-allocation]¹Support 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 Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹under section12;

(h) earmarking Scheduled Castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹Funds from the

1 [allocable budget] 1 under section 1 3;

(i) identification of scheduled Castes¹[sub-allocation]¹/Tribal¹[sub-allocation]¹Schemes and preparation of¹[sub-allocation]¹by the departments under section 18;

(j) preparation of budget proposal of Scheduled Castes¹[sub-allocation]¹/Tribal¹[sub- allocation]¹for appraisal by the Nodal Departments under section 19;

(k) strengthen the Finance Department for monitoring expenditure under the Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹under section 22; and

(l) procedures for ensuring transparency and accountability in the implementation of Scheduled Castes¹[sub-allocation]¹and Tribal¹[sub-allocation]¹under 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 validity 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.

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The above translation of PÀ£ÁðlPÀ C£ÀÄ À̧ÆavÀ eÁwUÀ¼À G¥ÀAiÉÆÃd£É ªÀÄvÀÄÛ §ÄqÀPÀlÄÖ G¥ÀAiÉÆÃd£É (AiÉÆÃd£É gÀƦ À̧ĪÀÅzÀÄ, DyðPÀ À̧A¥À£ÀÆä®UÀ¼À ºÀAaPÉ ªÀÄvÀÄÛ §¼ÀPÉ) C¢s¤AiÀĪÀÄ, 2013 (2013gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ À̧ASÉå 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 ¸ÀASÉå: ¸ÀPÀE 75 J¸ïJ¯ï¦ 2014 PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ, «zsÁ£À ¸ËzsÀ

¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 20.03.2014.

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PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ

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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, Allocation 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)

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