Draft Tamil Nadu SCP and TsP Bill, 2015

1
Draft Tamil Nadu SCP and TsP Bill, 2015
Ph: 044- 2235 3503 email: contact@hrf.net.in
For Submission to the Government of Tamil Nadu
Tamil Nadu Special Component Plan for Scheduled Castes and
Tribal Sub-Plan for Scheduled Castes and Scheduled Tribes -
Development Authorities (Planning, Allocation and Utilisation of
Financial Resources) Bill, 2015
Preamble
Poignantly aware that over the centuries of history the Scheduled Castes have been the victims
of the Indian Caste System-with-“Untouchability” (ICS) and subjected to denial of access to
livelihood, education and other kinds of resources, and Scheduled Tribes have been relegated to
remote areas under vulnerable conditions with their land and resources, severely depleted by
intrusions into their traditional areas, resulting in systemic deprivation, discrimination, and
disadvantage for Scheduled Castes and Scheduled Tribes, with additional deprivations and
disadvantages affecting the Specially Vulnerable Groups (SVGs) among Scheduled Castes and
the Particularly vulnerable Tribal Groups (PTGs), and that women, children and other
vulnerable groups such as those subjected to manual scavenging and persons with disabilities
among Scheduled Castes and Scheduled Tribes have experienced further marginalization,
Aware of the fact that the Constitution of India 1950 has in its Preamble and in numerous
Articles such as Article 46, 15(4), 15(5), 16(4), 16(4A), 16 (4B), 275(1) first proviso and 164(1)
proviso, the Articles in Chapter XVI and other Articles and the Fifth and Sixth Schedules,
mandated the State in all its limbs and through all its instrumentalities and agencies, to take all
measures necessary for removing these deprivations and disadvantages, bring about social
equality through various measures of social justice which includes educational, economic,
social, and cultural justice, and establish a regime of all-round equality in the state;
Taking note of the fact that developmental outlays and inputs did not flow to the Scheduled
Castes and Scheduled Tribes in due measure in the Plans, quantitatively and qualitatively, and
the Government of India, therefore, conceived and initiated in 1974 the Tribal sub-Plan (TsP)
and 1978 the Special Component Plan for Scheduled Castes (SCP) as comprehensive Plan
instruments in the Centre as well as States, and all States have accepted them;
Noticing that the SCP and TsP, though they have helped to bring about certain improvements,
have, over time, been reduced largely to mere arithmetical, statistical exercises, losing sight of
the overarching Constitution-based goals of economic liberation, educational parity at all levels,
equality in all parameters and security and dignity, and also, in the case of the Scheduled Tribes,
preservation of tribal culture, tribal identity and tribal autonomy, restoration to Scheduled
Tribes of originally tribal lands, now in the possession or occupation of others, and restoration
and protection of traditional access to common resources and natural resources in tribal areas,
and, from this perspective, failing to take a holistic view of the needs and priorities of the
Scheduled Castes and Scheduled Tribes, and accordingly devising programmes and schemes
with adequate outlays and institutional and organizational arrangements under the SCP and TsP
which can fulfill the above-mentioned Constitutional goals;

2
Also noticing that in all parameters of development and welfare there exists a wide and
disturbing gap between the Scheduled Castes and Scheduled Tribes, on the one hand, and the
and Socially Advanced Castes (SACs), on the other hand, and a greater gap in the case of
women of the Scheduled Castes and Scheduled Tribes;
Taking into account the fact that, the Prime Minister and Chairman of the Planning Commission
in keeping with the Constitutional mandate, laid down the target of removing these gaps within
10 years in his Address to the 51st
meeting of the National Development Council (NDC) on 27.
6. 2005; Taking into account the candid recognition in the Planning Commission‟s Approach to
the XII Five Year Plan that there has been deficiency both at the Centre and in States in the
implementation of the SCP and TsP and, therefore, a new system must be devised for the XII
Plan which can overcome the difficulties experienced in the past and ensure that the SCP and
TsP are implemented in letter and spirit;
This Act, the Special Component Plan for Scheduled Castes and Tribal sub-Plan for Scheduled
Tribes and Scheduled Castes and Scheduled Tribes Development Authorities (Planning,
Allocation and Utilisation of Financial Resources) Act, lays down the legislative framework for
planning in all parameters of development, security and social dignity for Scheduled Castes and
Scheduled Tribes. In order to ensure the accelerated development of Scheduled Castes and
Scheduled Tribes with emphasis on economic, educational and human development and
emancipation, with the goal of promoting equity for Scheduled Castes and Scheduled Tribes
and bridging the gaps between Scheduled Castes and Scheduled Tribes, one the one hand, and
the Socially Advanced Castes, on the other; of which the basic feature is to set apart, as the
outlay respectively of the SCP and TsP of the State, not less than the proportion of the SCs
population in the State and not less than the proportion of the STs population in the State of the
total Plan outlay (Annual, Five Year and Perspective Plans of the State) as the outlay
respectively of the SCP and TsP of the State, before the total Plan outlay is allocated sector-
wise and Department-wise; to place these outlays of SCP and TsP at the disposal of empowered
Authorities in the State to undertake planning and allocations for programmes and schemes
directly and exclusively relevant to Scheduled Castes and Scheduled Tribes and issue of
sanction of funds, in accordance with the needs and priorities of Scheduled Castes and
Scheduled Tribes in keeping with the overarching Constitutional goals of development of SCs
and STs; and to establish SC and ST Development Authorities at national, State and district
levels, laying down their functions, duties and powers, and guidelines for formulation of SCP
and TsP and allocation of outlays, criteria of eligibility for schemes and programmes, systems
for participation of SC and ST communities in planning and implementation, and measures of
accountability and transparency, and provision of penalties for negligence.
Be it enacted by State Legislature of the state in the sixty fifth year of the Republic of India as
follows:
Objectives and Reasons
Act to provide for earmarking a portion 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
and to put in place an institutional mechanism for preparation, implementation and monitoring
of sub-plan and for matters connected therewith or incidental thereto;

3
Whereas it is expedient to provide for earmarking a portion 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 and to put in place an institutional mechanism for preparation,
implementation and monitoring of sub-plan and for matters connected therewith or incidental
thereto;
Chapter – I
Preliminary
Section1. Title, Extent and Commencement:
(1) This Act shall be called the Special Component Plan for Scheduled Castes and Tribal
sub-Plan for Scheduled Tribes and Scheduled Castes and Scheduled Tribes Development
Authorities (Planning, Allocation and Utilisation of Financial Resources) Act.
(2) It shall come into operation with immediate effect.
Section 2: Definitions:
In this Act unless the context otherwise requires;
a) “Act” means the Special Component Plan for Scheduled Castes and Tribal Sub-Plan for
Scheduled Tribes and Scheduled Castes and Scheduled Tribes Development Authorities
(Planning, Allocation and Utilisation of Financial Resources) Act, 2015
b) (i) “Special Component Plan for SCs (SCP)” means the Plan to channelize not less than
the Scheduled Caste population-equivalent proportion, respectively of the State, of the total
Annual Plan, Five-Year Plan and Perspective Plan outlay of the State by setting it apart as the
outlay of SCP before the total Plan outlay is allocated sector-wise and Department-wise, in
order to fulfill the over-arching goals or developmental objectives of Scheduled Castes
Development, namely, their economic liberation, educational parity at all levels, equality with
Socially Advanced Castes (SACs) in all parameters and security and social dignity and to bridge
the gaps between SCs and the SACs in all parameters of development and welfare in a
reasonable time with particular attention to Specially Vulnerable Groups (SVGs) among
Scheduled Castes.
(ii) “Tribal Sub-Plan” (TSP) means the Plan to channelize not less than the STs population-
equivalent proportion, of the State of the total Annual Plan, Five-Year Plan and Perspective
Plan outlay of the State by setting it apart as the outlay of TSP before the total Plan outlay is
allocated sector-wise and Department-wise in order to fulfil the over-arching goals or
developmental objectives of STs development, namely, their economic liberation, educational
parity at all levels, equality with Socially Advanced Castes (SACs) in all parameters of
development and welfare, and security and social dignity, as well as the preservation of tribal
culture, tribal identity, traditional tribal autonomy, restoration to Scheduled Tribes of originally
tribal lands now in the possession or occupation of non-tribals, and restoration and protection of

4
traditional access to common resources and natural resources in tribal areas and to bridge the
gaps in development between the Scheduled Tribes and Socially Advanced Castes with special
attention to Particularly vulnerable Tribal Groups (PTGs).
c) (i) “State Scheduled Castes Development Authority (SSCDA)” means the Authority set
up under this Act in the State responsible for formulating and approving the SCP of the State on
the basis of the developmental needs and priorities of Scheduled Castes, in keeping with the
aforementioned over-arching goals of Scheduled Castes development, and its monitoring,
evaluation, review, revision and taking of timely corrective and progressive steps wherever and
whenever required.
(ii) “District Scheduled Castes Development Authority (DSCDA)” shall mean the Authority set
up under this Act in each district responsible for the implementation of the Act, working in a
transparent and socially-auditable manner for implementation of schemes and programmes of
the SCP as per the sanctions issued by the SSCDA, and for their monitoring, feedback to the
SSCDA of the State and provision of inputs to the SSCDA for planning of the SCP for
subsequent year(s).
d) (i) “State Scheduled Tribes Development Authority (SSTDA)” means the Authority set
up under this Act in the State responsible for formulating and approving the TSP of the State on
the basis of the developmental needs and priorities of Scheduled Tribes, in keeping with the
aforementioned over-arching goals of Scheduled Tribes development, and its monitoring,
evaluation, review, revision and taking of timely corrective and progressive steps wherever and
whenever required.
(ii) “District Scheduled Tribes Development Authority (DSTDA)” shall mean the Authority set
up under this Act in each district responsible for the implementation of the Act, working in a
transparent and socially-auditable manner for the implementation of schemes and programmes
of the TSP as per the sanctions issued by the SSTDA, and for their monitoring, feedback to the
SSTDA of the State and provision of inputs to the SSTDA for planning of the TSP for
subsequent year(s).
e) “Deputy Chairperson” means the Deputy Chairperson of the State Scheduled Castes
Development Authority and the Deputy Chairperson of the State Scheduled Tribes
Development Authority, and, as the case may be, of the State Scheduled Castes
Development Authority and the State Scheduled Tribes Development Authority defined in
section 4 and section 5, who shall be the executive head of the SSCDA and shall be
responsible for the actual functioning and activities and the day-to-day work of the SSCDA
and of the SSTDA.
f) “Census” means decennial population of the state census conducted by the Government of
India every ten years
g) “Crucial Balancing Investment” means the percentage of funds earmarked by the State
Scheduled Castes Development Authority and the State Scheduled Tribes Development
Authority as defined in Section 3 (6) of the Act.
h) “Government” means the State Government.
i) “Notification” means Notification published in the Gazette of the State.

5
j) “Plan Budget” means the total Plan Outlay in the Budget of the State for a given Financial
Year.
k) “Prescribed” means prescribed in the Rules.
l) “Rules” means Rules made under section 12 of the Act.
m) “Scheduled Castes” and “Scheduled Tribes” have the meaning as defined in Articles
366(24) and 366(25) respectively of the Constitution of India and notified by the President
of India under Articles 341(1) and 342(1) respectively, and as amended by Parliament by
Articles 341(2) and 342(2) respectively.
n) “Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989” means
Central Act No. 33 of 1989.
o) “Panchayats” and “Municipalities” shall have the same meaning as in Articles 243, 243B
and in Articles 243 P and 243Q of the Constitution.
p) “Scheduled Castes habitations” and Scheduled Tribes habitations” shall mean habitations,
within a panchayat or a municipality, of which all residents belong to the Scheduled Castes
or, as the case may be, Scheduled Tribes, and, in the rare cases of habitations of different
castes or Tribes in municipalities, shall mean habitations of which not less than 75% of the
residents belong to the Scheduled Castes or, as the case may be, to the Scheduled Tribes.
q) “Scheduled Castes Institutions” and “Scheduled Tribes institutions” shall mean institutions
of which all or not less than 75% direct beneficiaries belong to the Scheduled Castes or, as
the case may be, to the Scheduled Tribes.
r) “Socially Advanced Castes” (SACs) means the castes other than those belonging to the
social classes mentioned in Clause (4) of Article 15 of the Constitution.
s) “Infrastructure substantially and mainly benefitting Scheduled Tribes” shall mean
infrastructure of which not less than 75% of the direct beneficiaries belong to the Scheduled
Tribes.
t) “Infrastructure substantially and mainly benefitting Scheduled Castes” shall mean
Castes.
u) “Appropriation” shall mean the amount authorized by the Legislative Assembly, as the case
may be, for expenditure under different primary units of appropriation or part thereof placed
at the disposal of a disbursing officer.
v) “Reappropriation” shall mean the transfer, by a competent authority, of savings from one unit
of appropriation to meet additional expenditure under another unit within the same grant or
charged appropriation.
w) “Budget” shall mean the statement of estimated receipts and expenditure of the state
government as per its policy for each financial year and placed before, the State Legislature.
x) “Outcome Budget” shall mean the document prepared and presented annually to the State
legislature, reflecting the purposes and objectives for which funds were provisioned, the cost
of various programmes and activities proposed for achieving these objectives and

6
quantitative projection of the work performed and services rendered under each programme
and activity.
Chapter – II
Special Component Plan for Scheduled Castes (SCP) and Tribal
sub-Plan (TSP) for Scheduled Tribes
Section 3. Annual and Five-Year and Perspective Special Component Plans for
Scheduled Castes and Tribal sub-Plans for Scheduled Tribes, Formulation,
Allocation of Funds and Voting;
I. Annual, Five-Year and Perspective Plans for SCP and TSP
There shall be Special Annual, Five-Year and Perspective Plans, hereinafter called the Special
Component Plans for Scheduled Castes (SCP) and the Tribal sub-Plans (TSP) for Scheduled
Tribes, separate from and in addition to the general Annual Plan and Five-Year Plan, of the
State, for the accelerated overall development respectively of Scheduled Castes and Scheduled
Tribes in order to fulfill the over-arching goals or developmental objectives of their economic
liberation, educational parity at all levels, equality with Socially Advanced Castes in all
parameters and security and social dignity of the Scheduled Castes and Scheduled Tribes, as
well as the preservation of tribal culture, tribal identity, traditional tribal autonomy, restoration
to Scheduled Tribes of originally tribal lands now in the possession or occupation of non-
Tribals, and restoration and protection of traditional access to common resources and natural
resources in tribal areas and to bridge the gaps in development between Scheduled Castes and
Scheduled Tribes, on the one hand, and Socially Advanced Castes, on the other, in a reasonable
time with particular attention to the Specially Vulnerable Groups (SVGs) among Scheduled
Castes and Particularly vulnerable Tribal Groups (PTGs).
II. Set Apart Allocations of SCP and TSP in the Plan Outlays
(a) From the over-all approved Annual and Five Year Plan Outlays of the State, before the
total Plan Outlay is allocated sector-wise, and department-wise, the outlays for the Special
Component Plan for Scheduled Castes and the outlays for the Tribal sub-Plan shall be set
apart, respectively in the ratio of not less than the population-proportion of the Scheduled
Castes and of the Scheduled Tribes to the total population of the State, as per the latest
decennial census and the same shall be entrusted to the SSCDA and SSTDA for the
formulation and implementation of the Special Component Plan for Scheduled Castes and
the Tribal sub-Plan.
(b) The population proportion based resource allocations for SCs and STs shall be clearly
gender equity based, thereby earmarking 50% share for women and men, while at the same
time setting apart a substantial amount in this share for the welfare and development of SC
and ST female and male children.

7
(c) The Five Year, Annual and Perspective SCP outlay and the Five Year, Annual and
Perspective TSP outlays of the State shall be determined, State Government, as prescribed
in clause (a) of this sub-section above and shall be informed to the SSCDAs and SSTDAs
respectively at least six months prior to the commencement of the respective Plans to
enable them to start the process of planning at the earliest.
(d) Any measures of economy resulting in the reduction in the Plan size of the Centre or of any
State shall not be applied by the State Government, to the SCP and the TSP.
III.Planning, Formulation, Approval Process made available in the Public domain
The formulation and approval of the Annual, Five Year and Perspective SCP and TSP and
the planning of and allocations for programmes and schemes relevant to Scheduled Castes
and Scheduled Tribes and issue of sanction of funds shall be undertaken respectively within
this SCP outlay and the TSP outlay by the SSCDAs and SSTDAs and be made available in
the public domain.
IV. Guidelines for Proposals for Schemes
The SSCDA and the SSTDA of State, shall obtain proposals for the schemes and
programmes, as far as possible in project form, respectively for the SCP and the TSP, from
the Departments of the State, and scrutinize such proposals in accordance with the following
criteria and guidelines:
(a) Only such schemes and programmes shall be included in and funded from the SCP which
directly and exclusively benefit Scheduled Caste individuals, Scheduled Caste families,
Scheduled Caste habitations, and Scheduled Caste institutions, and those which provide
development of infrastructure in the Scheduled Caste habitations wholly, or substantially
and mainly, benefitting Scheduled Castes, and which fulfill the overarching goals of
Scheduled Castes development as per clause (b)(i) Section 2, with particular attention to
Specially Vulnerable Groups (SVGs) among Scheduled Castes.
(b) Only such schemes and programmes shall be included in and funded from the TSP which
directly and exclusively benefit Scheduled Tribe individuals, Scheduled Tribe families,
Scheduled Tribe habitations and Scheduled Tribe institutions, and those which provide
development of infrastructure in tribal areas wholly, or substantially and mainly, benefitting
Scheduled Tribes, and which fulfill the overarching goals of Scheduled Tribes development
mentioned in clause (b) (ii) of Section 2, with special attention to the Particularly
Vulnerable Tribal Groups (PTGs).
(c) The Departments shall be directed to give special attention to the development and
empowerment of SC and ST female and male children by designing schemes and projects
that address their particular needs, especially those relating to their health and nutrition,
education and culture, intellectual and artistic creativity, physical safety and social and
emotional security;
(d) The Departments are mandated to design schemes that are innovative, relevant, practical and
beneficial to the life of the SC and ST communities at individual level, family level,
community level and aimed at basti/hamlet development;

8
Explanations:
(i) “Scheduled Caste habitations” and “Scheduled Tribe habitations” shall mean habitations,
within a panchayat or a Municipality, of which all residents belong to the Scheduled Castes
or Scheduled Tribes as the case may be, and, in the rare cases of habitations of different
castes or Tribes in a Municipality, shall mean habitations of which not less than 75% of the
residents belong to the Scheduled Castes or, as the case may be, Scheduled Tribes.
(ii) “Scheduled Castes institutions” and “Scheduled Tribes institutions” shall mean institutions
of which all or not less than 75% direct beneficiaries belong to the Scheduled Castes or
Scheduled Tribes.
(iii) “Infrastructure substantially and mainly benefitting Scheduled Tribes” shall mean
Tribes.
(iv) “Infrastructure substantially and mainly benefitting Scheduled Castes” shall mean
Caste.
(v) (a) The planning, allocation, and utilization of schemes and programmes shall have a special
focus on gender equality and empowerment of women, children, youth, persons with
disability and other vulnerable social identities (senior citizens, etc) and Specially
Vulnerable Groups (SVGs) among Scheduled Castes and Particularly vulnerable Tribal
Groups (PTGs) among Scheduled Tribes in order to close development and welfare gaps
between and among such vulnerable groups within Scheduled Castes and Scheduled Tribes,
while closing the developmental and welfare gaps between the Scheduled Castes and
Scheduled Tribes, on the one hand, and the Socially Advanced Castes, on the other.
(b) In planning and in allocation of funds by the SSCDA and by the SSTDA due care and
attention shall be paid for achieving equity among SCs and STs in different States, and
regions and different parts of each State.
(c) The Ministries/Departments shall be directed to give priority attention to the development
and empowerment of SC and ST women by designing schemes and projects that address not
merely their needs relating to reproductive health care but also to such items as basic
livelihood, education, employment, skills capacitation and social security, and that the
gender dimension runs through not only in the programmes meant for SC/ST women and
girl children but also in the general schemes, projects and programmes meant for all SCs
and STs;
(e) No part of the cost of infrastructural schemes open to all social classes will be attributed to
and computed under the SCP or the TSP by assuming that a certain proportion of users of
such infrastructure are, or are likely to be, Scheduled Castes or Scheduled Tribes. The
criterion for infrastructural schemes mentioned in clauses (a) and (b) above and in
“Explanations” thereunder shall be strictly followed.

9
(f) (i) No part of the cost of any institution, open to social classes other than Scheduled Castes
and Scheduled Tribes, shall be attributed to or computed under the SCP or the TSP
(ii) No part of the costs of any institution which has been set up or may be set up in future for
overall supervision and monitoring in different fields, including Constitutional and statutory
bodies, at the State level, whether for SCs or STs or for various social classes which include
SCs and STs, such as the State Commission for Women, State Commission for Protection of
Children, State Human Rights Commission, State Commission for Scheduled Castes, State
Commission for Scheduled Tribes, and State Commission for Safai Karmacharis, shall be
attributed to or accounted towards SCP or TSP of the State.
(g) The SSCDA, and SSTDAs, at the state level, shall hold pre-budget
consultations/discussions with the representatives of Scheduled Caste and Scheduled Tribe
agricultural labourers, farmers, artisans, workers in rural and urban unorganized sector,
Safai Karmacharis, NGOs working with women, children, and persons with disabilities
belonging to scheduled castes and scheduled tribes and other occupational groups and
categories, such as entrepreneurs and industrialists, academicians, social activists,
Scheduled Tribes non-timber forest produce collectors etc. to gather proposals on relevant,
innovative and useful schemes and programmes.
V. Sanction orders and Memorandums of Understanding by the Authorities
The Departments and other Agencies to which sanctions are issued shall be accountable to
the SSCDA/SSTDA, at the state level, as laid down in the sanction orders, for the proper
implementation of the schemes and outlays sanctioned to them and for the achievement of
the results laid down in the MOUs, and shall furnish reports and information in the manner
and with such frequency as prescribed by the SSCDA/SSTDA.
VI.Crucial balancing Investment
The SSCDA and SSTDA of the State may at their discretion earmark a minimum of five
percent of funds respectively of the total SCP and the TSP of the State for “Crucial
Balancing Investment” for completion of any scheme to maximize and accelerate the benefit
respectively for the Scheduled Castes and Scheduled Tribe communities.
VII. Scrutiny and Approval of the Proposals for SCP and TSP
After duly considering the proposals from the district Development Authorities, which shall
be formulated by processes including particularly consultation with SCs and STs
Communities in the manner mentioned in 4.C.3.b), Departments of the State Government,
as per the allocations made, the SSCDA and SSTDA, and after scrutinizing them and
making modifications where required in accordance with the criteria mentioned in sub-
section (4) of this Section, shall respectively approve the SCP and TSP.
VIII. Explicitly Indicate How the Proposed Schemes will meet Goals of SCP and TSP
Departments and other Agencies of the State, while formulating and furnishing their
proposals, of schemes and programmes to the SSCDA/SSTDA shall keep in view and be
bound by the criteria enumerated in sub-sections (4) of this section, shall bring out the gaps
in the parameters of development and welfare in their respective sectors/fields, between the
SCs or the STs as the case may be, on the one hand, and the SACs, on the other, and clearly

10
indicate how the schemes and programmes proposed by them will bridge and eliminate
these gaps in a reasonable time.
IX.Reallocation and Re-appropriation measures
If the SSCDA/SSTDA finds that the proposals of schemes and programmes furnished by
any Department, are not in accordance with the criteria enumerated in sub-section (4) of this
section the SSCDA/SSTDA.
a. shall recommend to the concerned Department to either suitably modify their proposals or
recommend to it such other schemes and programmes as the SSCDA/SSTDA considers
appropriate in keeping with the criteria mentioned in sub-section (4) of this section or,
b. shall reallocate and re-appropriate funds from one scheme to another scheme and one
ministry/department to another ministry/department in keeping with above mentioned
criteria; and
c. Such recommendations, reallocations and re-appropriations of the SSCDA/SSTDA shall be
binding on such Department.
X. Basket of priority Schemes
The SSCDAs and SSTDAs, and the Ministries/Departments and other Agencies of the
Centre and States shall, in particular give high priority to the following schemes:
a) Providing agricultural land of a viable extent to all rural landless SC families including
families with unviable extents of land;
b) Restoration to Schedule Tribes of originally Tribal lands now in the possession or
occupation of others and restoration and protection of traditional access to common
resources and natural resources in tribal areas;
c) Irrigation, particularly group irrigation, for all lands of SCs and STs;
d) Residential schools of high quality to ultimately cover all SC boys and girls and all ST boys
and girls up to Class XII;
e) Coaching schemes of high quality in the last years in school to equip the SC boys and girls
and ST boys and girls to compete for selections to professional and other higher educational
institutions
f) Scholarships to all SC and ST boys and girls studying professional education – like
engineering, nursing, medical, Business administration, management studies etc
g) Schemes to promote higher education;
h) provision of house-sites and adequate houses with all facilities for all SC and ST families;
i) Provision of civic amenities and facilities necessary for SC and ST habitations, potable
drinking water facilities, adequate housing, sanitation facilities; community hall with 24 x 7
electricity and computers to be used as study centres for SC and ST children and for other
common developmental and welfare activities, internal roads, electricity, telephonic and
digital links, postal and telegraph links,
j) Provision of all necessary connectivities for SCs and STs Habitation.
k) Provision of ration shops, private shops, and other facilities

11
l) Health care facilities for all kinds of minor and major ailments; Schemes for reduction of
neo-natal mortality, infant mortality, child mortality, maternal mortality, malnutrition,
anaemia among SCs and STs, especially SC and ST children and women, and bringing them
to the level of Socially Advanced Castes (SACs)
m) Care, education and economic settlement of SC and ST persons with disabilities
n) Pension facilities (old age, women whose husbands are dead, single women etc.)
o) Total liberation, comprehensive and sustainable rehabilitation of bonded labourers and
prevention of relapse of bonded labourers and prevention of fresh recruitment of bonded
labourers.
p) Total liberation and comprehensive rehabilitation of manual scavengers
q) Measures for preventing fresh recruitment of manual scavengers and humanisation of other
sanitation services such as introduction of modern machinery to clear sewages without human
beings having to get into man-holes.
r) Schemes for total liberation and comprehensive and sustainable rehabilitation of women
subjected to traditional practices of sexual exploitation like Devadasi, Jogin, Basavi etc. of
s) Special schemes tailored to the needs of nomadic, semi-nomadic and vimukta jatis of SCs and
STs
t) Schemes for skill development, entrepreneurship development, fulfilment of reservations and
equipping SCs and STs to compete successfully for open competition jobs and posts
u) Schemes for preservation of tribal culture and tribal autonomy;
v) Schemes for fulfillment of tribal rights under the Scheduled Tribes and rights of other
Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA)
w) Schemes for full operationalisation of the Panchayats (Extension to the Scheduled Areas) Act,
1996 (PESA);
x) Schemes for the proper implementation of the Fifth and Sixth Schedules of the Constitution
y) Schemes for promoting and supporting NGOs from Scheduled Caste and Scheduled Tribe
communities to facilitate the SC and ST communities to access and monitor their rights and
entitlements in the Act.
z) Schemes that will benefit SCs and STs directly and are related to Developing Human Resource
Capacities for Providing Professional Services: data processing, computing and software
development, trade and market development.
aa) Schemes that will benefit SCs and STs directly and are related to Acquiring, Developing,
Innovating and Producing Knowledge: doctoral and post-doctoral research within and outside
the country, doing primary research projects in science and technology, attending conferences
abroad, setting up private research institutes, fellowships for research projects and publications,
etc.
bb) Schemes that will benefit SCs and STs directly and are related to Acquiring, Owning and
Building up Material Assets: owning agricultural land, irrigation facilities, land for housing and
cemetery/cremation, private land for conducting commerce and business, private land for
starting public educational institutions in arts, science and technology; public land for common
use in SCs residential areas/hamlets; common property resources for grazing cattle and
collecting firewood, etc.

12
cc) Schemes that will benefit SCs and STs and are related to Developing Commerce, Trade,
Business through Entrepreneurship Enterprises: Special loans with concessional interests for
contractual business, for agricultural development, for Self-employment commercial projects,
for contractual projects, for commercial film production, etc.
dd) Schemes that will benefit SCs and STs directly and are related to Managerial Skills
Development: for skills development in managing human and material resources in institutions,
etc.
ee) Schemes that will benefit SCs and STs directly and are related to Political Empowerment for
acquiring skills to utilize their franchise to collectively promote their basic and important
interest; for acquiring skills for contesting elections, for training in political knowledge, for
capacitating in political governance skills and for creating capacity to resist and repel improper
influence of dominant classes of individuals in the exercise of their franchise.
XI. Major Budget Head for SCP and TSP
There shall be separate major Budget heads for the SCP and TSP in the State budgets. well-
designed, dedicated institutional mechanisms for SCP and TSP separately be established at
the State level, which shall allocate SCP/TSP funds to the Departments, duly taking into
consideration the developmental needs of SCs/STs, and that this will enable the
Departments to clearly show the schemes formulated for the development of SCs/STs under
a separate budget head;
XII. SCP and TSP Voted by Legislature
(i) The State shall present the Special Component Plan for Scheduled Castes and the Tribal
sub-Plan for voting by State Legislatures along with the general Annual Budget.
(ii) The annual reports of SCP and TSP budget spending and schemes implemented be
submitted to the Parliament and State Assemblies on a mandatory basis for discussion and
debate by the elected representatives.
XIII. Annual Social Audit for SCP and TSP Schemes
The SSCDA/SSTDA shall prepare an annual social audit report on the impact assessment of
the SCP and TSP schemes. The report shall be made available in the public domain.
Chapter – III
Constitution, Functions, Duties, Responsibilities and Powers of
Scheduled Castes and Scheduled Tribes Development Authorities.
Section 4: State Scheduled Castes Development Authority
I. Constitution of the State Scheduled Castes Development Authority
Each State Government shall constitute a State Scheduled Castes Development Authority for
discharging the functions and duties prescribed for, and for exercising powers conferred on,
such Authorities in relation to planning of Special Component Plan for Schedules Castes (SCP)
of the State in accordance with the criteria laid down in sub-section (4) of section 3 of this Act
and allocation and utilisation of financial resources under this Act.

13
II. Functions, Duties, Responsibilities and Powers of State Scheduled Castes Development
Authority
(a) The SSCDA shall be responsible for formulating and approving State SCP (Annual, Five-
Year and Perspective) and sanction of funds for schemes and programmes thereunder as per
the criteria under sub-section (4) of Section 3. This includes the authority to decide which
schemes and programmes, whether existing or new, can be included in the SCP and which
cannot be included.
(b) There shall be compact units in each SSCDA, with specialization in each area of
development relevant to Scheduled Castes, both in terms of sectors as well as categories like
women, children, persons with disabilities, manual scavengers and other Specially
Vulnerable Groups among Scheduled Castes (SVGs).
(c) The SSCDA shall in accordance with pre-Budget discussion criteria set forth in clause 4(f)
of section 3, after consultations with appropriate implementing Ministries/ Departments/
agencies, formulate the SCP of the State and allocations to each Department/other agency.
(d) Thereafter the SSCDA shall issue „sanctions‟ in favor of each appropriate
Department/Agency on the basis of Memorandums of Understanding (MOUs) detailing the
specificities of each scheme and programme to be implemented in a manner which is
transparent and locally verifiable and social-auditable, with provisions for concurrent
monitoring, evaluation and timely corrections and improvement.
(e) The Authority shall have the power to give necessary directions to the implementing
Department/Agency and to reallocate or re-appropriate outlays from one
Department/Agency to another whenever necessary to advance the interests and goals of
Scheduled Castes development.
(f) The SSCDA shall organize periodical conferences of DSCDAs and take other measures for
facilitating exchange of experiences and formulation of common strategies wherever
appropriate.
(g) The SSCDA shall maintain a comprehensive and disaggregated data-base as required for
planning and implementation of SCP.
III. Selection Committee of the State Scheduled Castes Development Authority (SSCDA)
(a) The members of the SSCDA shall be selected by a Selection Committee consisting of the
following members:
Ex-officio members
 Chief Minister - Chairperson
 Minister-in-charge of Scheduled Castes Development/Welfare/ Empowerment
 Leader of the Opposition in the Legislative Assembly
 Chairperson, State Commission for Scheduled Castes (SCSC)
Ten Nominated Members from the following categories:
 Those having experience of and expertise in higher administration including planning,
finance and public policy.
 Distinguished Educationists and academicians,

14
 Economists with expertise in developmental/welfare/rural economics, and other areas
relevant to Scheduled Castes.
 Social scientists with expertise in areas relevant to Scheduled Castes and any other
professionals in areas relevant to Scheduled Castes
 Four eminent social activists working for Scheduled Castes or representatives of reputed
NGOs working for Scheduled Castes.
(b) It shall be ensured that a majority of the Selection Committee members are from the
Scheduled Castes
(c) Two out of six nominated members shall be women, at least one of whom shall be from a
Scheduled Caste community
(d) Nominated Members shall be appointed from among persons who have a proven track
record of active concern for the rights and welfare of Scheduled Castes and are not primary
members of or persons associated with or working for a political party.
IV. Composition of the State Scheduled Castes Development Authority (SSCDA)
(a) The composition of the SSCDA & eligibility/ qualifications of the full-time members of the
SSCDA shall be as below:
Ex-officio Members
 Chairperson – Chief Minister
 Vice - Chairperson - Minister in charge of Scheduled Castes Development/Welfare/
Empowerment.
Full-time Members
 Dy. Chairperson
 Seven other Members selected by the Selection Committee from the following categories
listed below: Out of Seven members four members must from Scheduled
Caste/NGO‟s/Social Activists
(b) The full-time Dy. Chairperson and other members shall be selected from the following
categories:
finance and public policy
 Distinguished Educationists and academicians.
 Economists with expertise in developmental/ welfare/ rural economics, and other areas
relevant to Scheduled Castes.
 Social scientists with expertise in areas relevant to Scheduled Castes and any other
professionals in areas relevant to Scheduled Castes
 Eminent social activists working for Scheduled Castes or representatives of reputed NGOs
working for Scheduled Castes.
(c) The full-time Dy. Chairperson shall be from Scheduled Caste. The Deputy Chairperson and
the other members shall be selected from persons with experience of at least 10 years of
distinguished work for Scheduled Castes in their respective fields and possessing a proven
track record of active concern for the rights and welfare of Scheduled Castes.
(d) It shall be ensured that a majority of members of SSCDA are from the Scheduled Castes
(e) 33% of the members shall be women from Scheduled Caste out of the total members

15
(f) The Full-time members shall be appointed from among persons who are not primary
(g) The Deputy Chairperson and other full-time Members of the Authority shall not, for a
period of two years after they cease to be Deputy Chairperson or full-time Members, contest
elections for any elective post, shall not accept any nominated post in any elective body and
shall not accept any post under the Government of India or under the Government of any
State or Union Territory including the posts of the office of President or Vice President of
the Union of India or the office of a Governor of a State or a Lt. Governor of a Union
Territory.
(h) The Chief Minister as Chairperson will preside over crucial meetings of the SSCDA and the
Deputy Chairperson shall preside over all other meetings.
(i) The Deputy Chairperson shall be the executive head of the SSCDA and shall be responsible
for the actual functioning, activities and day-to-day work of the SSCDA
(j) The Deputy Chairperson of the SSCDA shall have the status of a State Cabinet Minister
and shall be a permanent invitee to all meetings of the State Cabinet.
(k) Other full-time members of the SSCDA shall have the status of a Minister of State of the
State Government.
(l) The Minister-in-charge of Scheduled Castes Development/Welfare/Empowerment as Vice-
Chairperson will help to maintain the link between the SSCDA and the Ministry as the limb
of the executive government which formulates broad policy, secures budgetary support, and
moves important legislations through the Cabinet and Legislative Assembly and interfaces
with the Legislative Assembly.
Section 5: District Scheduled Castes Development Authority
I. Constitution of the District Scheduled Castes Development Authority
Each State Government shall constitute for a District Scheduled Castes Development Authority
in each district of the State, except in districts where there are no Scheduled Castes, for
discharging the functions and duties prescribed for and for exercising the powers conferred on
such Authorities in relation to planning of Special Component Plan for Scheduled Castes in
accordance with the criteria laid down in sub-section (4) of section 3 of this Act and allocation
and utilisation of financial resources under this Act.
II. Duties and Responsibilities of District Scheduled Castes Development Authorities
(a) The role and duty of the District SC Development authorities is to function as a crucial
mechanism for actively associating the SCs at the grassroots with the process of planning
and implementation of the SCP and making this in essence a SC peoples Plan, by inter alia
taking the measures.
(b) To obtain proposals for schemes for the planned development of SCs from the bodies of SC
Presidents and Members of Panchayats and Municipalities as defined in Article 243 r/w
243B and 243P r/w 243Q in the Constitution, and from other sources concerned with SC
development in keeping with the criteria mentioned in the sub-section (4) of Section 3 of
this Act.
(c) To prepare a district SCP on that basis and furnish it as an input for the SSCDA for the
formulation of State SCP.
(d) To provide any other inputs from time to time to the SSCDA for formulation of State SCP.

16
(e) To closely supervise and ensure proper implementation of the SCPs in the district by
appropriate departments, in accordance with the results and outcomes to be achieved as per
sanction orders issued by the SSCDA to Departments/ Agencies and State Departments and
Agencies, and the MOUs between them.
(f) To ensure transparency in implementation in a manner which can be locally verified and
social-audited scheme-wise and in this process actively involve SC presidents and members
of Panchayats and Municipalities and NGOs and activists working for SCs?
(g) To devise all other possible innovative measures to associate the masses of Scheduled
Castes with the process of planning and implementation of the SCP and make this an
effective and powerful peoples movement in addition to being a systematic governance and
administrative exercise.
(h) to report to the SSCDA, as prescribed, about implementation of State SCP at district-level
and send special reports wherever necessary if any urgent action or course-correction or re-
allocation of outlays is required on the part of the SSCDA.
III. Composition of the District Scheduled Castes Development Authority (DSCDA)
(a) The District Collector/Deputy Commissioner shall be the Chairperson of the DSCDA.
(b) The State Government shall appoint a full-time Additional Collector or Joint
Collector/Additional or Joint Dy. Commissioner in the senior scale of the IAS exclusively to
assist the Collector/Dy. Commissioner in the implementation and monitoring of the SCP at
district level and to whom no other work shall be entrusted under any circumstances.
(c) Other members of the DSCDA shall be drawn from:
 Three District heads of relevant Departments in the District
 District Panchayat Presidents and Union Panchayat Presidents
 Four Representatives of NGOs and Three Scheduled Caste Social Activists with reputation
for sincere work for Scheduled Castes. Out of total members 50% of the members shall be
women and 50% of the members to be nominated by District Collector / Deputy
Commissioner.
 Subject-matter experts with reputation for, commitment to and experience of development
and empowerment of Scheduled Castes whom 50% women shall be women to be
nominated by District Collector / Deputy Commissioner.
(d) The Non-official Members of the District Authority shall not, for a period of three years
after they cease to be Members of the District Authority, contest elections for any elective
post and shall not accept any nominated post in any elective body and shall not accept any
post under the Government of India or under the Government of any State or Union
Territory.
Section 6: State Scheduled Tribes Development Authority
I. Constitution of the State Scheduled Tribes Development Authority.
Each State Government shall constitute a State Scheduled Tribes Development Authority for
discharging the functions and duties prescribed for, and for exercising powers conferred on such
Authorities in relation to planning of Tribal sub-Plan (TSP) of the State in accordance with the
criteria laid down in sub-section (4) of section 3 of this Act and allocation and utilisation of
financial resources under this Act.

17
II. Functions, Duties, Responsibilities and Powers State Scheduled Tribes Development
Authorities
(a) The SSTDA shall be responsible for formulating and approving State TSP (Annual, Five-
Year and Perspective) and sanction of funds for schemes and programmes there under as per
the criteria under (4) of Section 3 of this Act. This includes the authority to decide which
schemes and programmes, whether existing or new, can be included in the TSP and which
cannot be included.
(b) There shall be compact units in each SSTDA, with specialization in each area of
development relevant to Scheduled Tribes, both in terms of sectors as well as categories like
women, children, and persons with disabilities and Particularly Vulnerable Groups among
Scheduled Tribes (PTGs).
(c) The SSTDA shall, in accordance with pre-Budget discussion criteria set forth in clause 4(f)
of section 3, after consultations with appropriate implementing Ministries/ Departments/
agencies, formulate the quantum of the TSP of the State and allocations to each
Ministry/Department/other agency.
(d) Thereafter the SSTDA shall issue „sanctions‟ in favor of each appropriate
Ministry/Department/other Agency on the basis of Memorandum of Understanding (MoUs
detailing the specificities of each scheme and programme to be implemented in a manner
which is transparent and locally verifiable and social-auditable, with provisions for
concurrent monitoring, evaluation and timely corrections and improvement.
(e) The Authority shall have the power to give necessary directions to the implementing
Ministry /Department/ Agency and to re-allocate or re-appropriate outlays from one
Ministry /Department/ Agency to another whenever necessary, to advance the interests and
goals of Scheduled Tribes development.
(f) The SSTDA shall organize periodical conferences of DSTDAs and take other measures for
facilitating exchange of experiences and formulation of common strategies wherever
appropriate.
(g) The SSTDA shall maintain a comprehensive and disaggregated data-base as required for
planning and implementation of the TSP.
III. Selection Committee of the State Scheduled Tribes Development Authority (SSTDA)
(a) The members of the SSTDA shall be selected by a Selection Committee consisting of the
following members:
Ex-officio members
 Chief Minister - Chairperson
 Minister-in-charge of Scheduled Tribes Development/Welfare/ Empowerment
 Leaders of the Opposition in the Legislative Assembly
 Chairperson, State Commission for Scheduled Tribes (SCST)
Ten Nominated Members from the following categories:
 Distinguished Educationists and academicians.
relevant to Scheduled Tribes.

18
 Social scientists with expertise in areas relevant to Scheduled Tribes and any other
professionals in areas relevant to Scheduled Tribes.
 Four eminent social activists working for Scheduled Tribes or representatives of reputed
NGOs working for Scheduled Tribes.
(b) It shall be ensured that a majority of the Selection Committee members are from the
Scheduled Tribes
(c) Two out of six nominated members will be women, at least one of whom shall be from a
Scheduled Tribe
(d) Nominated Members shall be appointed from among persons who have a proven track
record of active concern for the rights and welfare of Scheduled Tribes and are not primary
IV. Composition of the State Scheduled Tribes Development Authority (SSTDA)
(a) The composition of the SSTDA & eligibility/ qualifications of the full-time members of the
SSTDA shall be as below:
Ex-officio Members
 Chairperson – Chief Minister
 Vice Chairperson - Minister in charge of Scheduled Tribes Development/Welfare/
Empowerment.
Full-time Members
 Dy. Chairperson
 Seven other Members selected by the Selection Committee from the following categories:
(b) The full-time Dy. Chairperson and other members shall be selected from the following
categories:
 Distinguished educationists and academicians
relevant to Scheduled Tribes.
 Social scientists with expertise in areas relevant to Scheduled Tribes and any other
professionals in areas relevant to Scheduled Tribes.
 Eminent social activists working for Scheduled Tribes or representatives of reputed NGOs
working for Scheduled Tribes
(c) The full-time Dy. Chairperson shall be from Scheduled Tribe. The Deputy Chairperson and
the other members shall be selected from persons with experience of at least 10 years of
distinguished work for Scheduled Tribes in their respective fields and possessing a proven
track record of active concern for the rights and welfare of Scheduled Tribes.
(d) The Deputy Chairperson of the SSTDA shall have the status of a State Cabinet Minister and
shall be a permanent invitee to all meetings of the State Cabinet.
(e) Other full-time members of the SSTDA shall have the status of a Minister of State of the
State Government.
(f) It shall be ensured that a majority of members of are from the Scheduled Tribes.

19
(g) Two out of the total members shall be women, at least one of whom shall be from a
Scheduled Tribe.
(h) The Full - Time members shall be appointed from among persons who are not primary
(i) The Deputy Chairperson and the full-time Members of the Authority shall not, for a period
of two years after they cease to be Deputy Chairperson or full-time Members, contest
elections for any elective post, shall not accept any nominated posts in any elective body or
shall not accept any post under the Government of India or under the Government of any
State or Union Territory including the office of the President or the Vice President of the
Union of India or the office of a Governor of a State or a Lt. Governor of a Union Territory.
(j) The Chief Minister as Chairperson will preside over crucial meetings of the SSTDA and the
Deputy Chairperson shall preside over all other meetings.
(k) The Deputy Chairperson shall be the executive head of the SSTDA and shall be responsible
for the actual functioning, activities and day-to-day work of the SSTDA.
(l) The Minister-in-charge of Scheduled Tribes Development/Welfare/ Empowerment as Vice-
Chairperson will help to maintain the link between the SSTDA and the Ministry as the limb
of the executive government which formulates broad policy, secures budgetary support, and
moves important legislations through the Cabinet and Legislative Assembly and interfaces
with the Legislative Assembly.
Section 7: District Scheduled Tribes Development Authority
I. Constitution of the District Scheduled Tribes Development Authority
Each State Government shall constitute a District Scheduled Tribes Development Authority in
each district of the State, except in districts where there are no Scheduled Tribes, for
discharging the powers and duties prescribed for and for exercising the powers conferred on
such Authorities in relation to planning of the Tribal sub-Plan in accordance with the criteria
laid down in sub-section (4) of section 3 of this Act and allocation and utilisation of
Budgets under this Act.
II. Duties and Responsibilities of District Scheduled Tribes Development Authority
a) The role and duty of District ST Development authorities is function as a crucial mechanism
for actively associating with the STs at the grassroots with the process of planning and
implementation of the TSP and making this in essence a ST peoples Plan, by inter alia
taking the measures.
b) To obtain proposals for schemes for the planned development of STs from Gram Sabhas in
Scheduled Areas and from the bodies of ST Presidents and Members of Panchayats and
Municipalities as defined in Article 243 r/w243B and 243P r/w 243Q in the Constitution,
and from other sources concerned with ST development in keeping with the criteria
mentioned in the sub-section (4) of Section 3 of this Act.
c) To prepare a district TSP on that basis and furnish it as input for the SSTDA for the
formulation of State TSP.

20
d) To provide any other inputs from time to time for formulation of state TSP.
e) To closely supervise and ensure proper implementation of the TSP in the district by
appropriate departments, in accordance with the results and outcomes to be achieved as per
sanction orders issued by the SSTDA to State Departments and Agencies, and the MOUs
between them.
f) To ensure transparency in implementation in a manner which can be locally verified and
social-audited scheme-wise and in this process actively involve ST Presidents and Members
of Panchayats and Municipalities and NGOs and activists working for STs.
g) To devise all other possible innovative measures to associate the masses of Scheduled
Tribes with the process of planning and implementation of the TSP and make this an
effective and powerful peoples movement in addition to being a systematic governance and
administrative exercise.
h) To report to the SSTDA, as prescribed, about implementation of State TSP at district-level
and send special reports wherever necessary if any urgent action or course-correction or re-
allocation of outlays is required on the part of the SSTDA.
III. Composition of the District Scheduled Tribes Development Authority (DSTDA)
a) The District Collector/Deputy Commissioner shall be the Chairperson of the DSTDA.
b) The State Government shall appoint a full-time Additional Collector or Joint
Collector/Additional or Joint Dy. Commissioner in the senior scale of the IAS exclusively to
assist the Collector/Dy. Commissioner in the implementation and monitoring of the TSP at
district level and to whom no other work shall be entrusted under any circumstances.
c) Other members of the DSCDA shall be drawn from:
 Two District heads of relevant Departments in the District
 One District Panchayat President and 4 Union Panchayat Presidents from Schedule Tribes
Community
 Four Representatives of NGOs and Three Scheduled Tribes Social Activists with reputation
for sincere work for Scheduled Tribes. Out of total members 50% of the members shall be
women and 50% of the members to be nominated by District Collector / Deputy
Commissioner.
 Subject-matter experts with reputation for, commitment to and experience of development
and empowerment of Scheduled Tribes whom 50% women shall be women to be nominated
by District Collector / Deputy Commissioner.
(d) The Non-official Members of the District Authority shall not, for a period of three years
after they cease to be Members of the District Authority, contest elections for any elective post
and shall not accept any nominated post in any elective body and shall not accept any post
under the Government of State.

21
Section 8: Meetings of the Authorities, Review and Monitoring of
Implementation of Special Component Plan for Scheduled Castes and Tribal
Sub-Plan:
(i) (a) The SSCDA and SSTDA shall meet at least once in a month to review the release and
utilisation of funds to the schemes and programmes included respectively in the SCP and
TSP of the State and of the Centre in relation to the State and monitor the progress of
implementation of the schemes sanctioned under them. Monitoring reports shall be made
available in the public domain including on the web portal referenced in section 4 B (5) and 5
B (5).
(b) The SSCDA and SSTDA shall observe such rules of procedure as they prescribe for
themselves under section 7(6) in regard to the transaction of the business at their meetings.
(ii) The DSCDAs and DSTDAs shall meet at least once in a month to monitor the
progress of implementation of the schemes and programmes and submit monthly reports as
prescribed respectively to the SSCDA and SSTDA. The District Collector/Deputy
Commissioner shall be especially responsible for implementation of the schemes as per the
time schedule prescribed. The full-time Convener shall continuously monitor the progress of
the implementation of the schemes with monitoring reports made available in the public
domain including on web portal referenced in section 4 C(4) and 5 C(4).
(iii)(a) The Government of India shall have the power to monitor the progress of
implementation of the SCP and TSP of the States and Union Territories and issue
instructions or directions to the States and Union Territories in this regard, but without
interfering with the autonomy of the SSCDAs and SSTDAs. They may also call for reports
from time to time from the Governments of State and Union Territories.
(b) The SSCDA and SSTDA shall furnish such information as is required by the state govt. in
order to reply questions in the Assembly and otherwise keep the Assembly informed
whenever necessary.
(iv) The expenditure on the staff in the SSCDA and SSTDA and the DSCDAs and DSTDAs
shall be from the non-Plan budget of the State.
(v) The State Government shall provide in full in their Annual Non-Plan Budget according to
the staffing pattern and Budget formulated by the SSCDAs and SSTDAs and place the
budgeted amounts at the disposal of the respective Authorities.
Chapter - IV: General
Section 9: Tenure, Terms and conditions of office of Dy. Chairperson and other
full-time members of the State SC and ST Development Authorities.
I. Term of office
a) The Deputy Chairperson and the full time members shall be appointed for a period of five
years computed from the date on which the Deputy Chairperson enters office

22
b) No person who has attained the age of 75 years or more shall be appointed as Dy.
Chairperson and Full-time Member of the National and State SC and ST Development
Authorities.
c) Any vacancy that may arise in the post of the Dy. Chairperson or of any other full-time
member before the five-year term of the Dy. Chairperson or of any other full-time Member
is completed, on account of resignation or any other reason, shall be filled only for the
residual part of the five year term.
II. Resignation and removal of Dy. Chairperson and full time members
a) The Dy. Chairperson or any Member may, by notice in writing under his or her hand
addressed to the, Governor of state resigns his or her office.
b) Subject to the provisions of sub-section (3), the Dy. Chairperson or any Member shall only
be removed from his office by order of the Governor on the ground of proved misbehavior
or incapacity after the High Court on reference being made to it by the Governor has, on
inquiry held in accordance with the procedure prescribed in that behalf by the High Court
reported that the Dy. Chairperson or the Member, as the case may be, ought on any such
ground to be removed.
c) Notwithstanding anything in this sub-section, the Governor of the state may by order,
remove from office the Dy. Chairperson or any Member if the Dy. Chairperson or such
Member, as the case may be-
 is adjudged an insolvent; or
 (b) engages during his term of office in any paid employment outside the duties of his or her
office; or
 is unfit to continue in office by reason of infirmity of mind or body ; or
 is of unsound mind and stands so declared by a competent court; or
 is convicted and sentenced to imprisonment for an offence which in the opinion of the
President and as the case may be, the Governor or Lt. Governor of Union Territories,
involves moral turpitude.
 Insolvency, incapacity for health or other reasons,
 Enquiry by a supreme court
 Conflict of interest:
- Provided that before such removal due opportunity shall be given to such Deputy Chairperson
or full-time Member for explanation and the explanation shall be considered by the President of
India of the National Authorities or the governor or the Lt. Governor of Union Territories in the
case of the State Authorities.
III. Warrant of an Appointment
The Deputy Chairperson and the Full time members shall be appointed by warrant of
appointment by the Governor and shall be sworn in by the Governor of the state.

23
Section 10: Non-Divertibility and Non-Lapsability
I. Non-Divertibility and Non-Lapsability of SCP and TSP Outlays
a) Outlays provided under the SCP and TSP funds of the State shall be utilized within the
stipulated time, and a periodic monitoring mechanism shall be established. No part of the
SCP and TSP outlays shall lapse at the end of the financial year. Amounts unutilized in the
financial year, if any, shall be transferred to the Non-Lapsable Pool of Resources as
mentioned in the clause (b) of this section and such unutilized outlays shall be carried
forward and utilized in the next year or years.
b) A Non-Lapsable Pool of Resources for SCP and TSP at the state level shall be established,
at both the Union government level and the State Government level, to hold such funds
which have not been utilized in the financial year and utilize the same in the next year or
years for achieving the overarching goals of SC and ST development in accordance with the
criteria as mentioned under sub-section (4) of section 3.
II. SCP and TSP in the Credit System
a) The SCP for Scheduled Castes and TSP for Scheduled Tribes shall be built into and
provided in the credit system by earmarking for Scheduled Castes and Scheduled Tribes a
due share of advances by banks, co-operatives and other financial institutions.
b) The SSCDA and DSCDA and, SSTDA and DSTDAs shall closely interact with banks, co-
operatives and other financial institutions to ensure smooth and easy flow of adequate and
timely credit for Scheduled Castes and Scheduled Tribes respectively as part of their Plans.
c) Any practical difficulty faced by them in this regard may be taken up by the SSCDA and
SSTDA with the Department of Finance or Department of Agriculture in the case of
cooperatives or the State Department in charge of Cooperatives. Thereupon the Department
of Finance / Department of Agriculture / State Department in charge of Cooperatives shall
take prompt action to solve the problem.
III.Powers of SC and ST Development Authorities to summon officers and Consultation
with Chief Ministers and Ministers.
(a) The Scheduled Castes Development Authorities and the Scheduled Tribes Development
Authorities shall have the power, whenever necessary, to require the presence of any person
including officers of State Governments and any information or document from them. To
further facilitate this, the SSCDA and SSTDA shall, while performing their functions, also
have all the powers of a civil court trying a suit and in particular in respect of the following
matters, namely:
 Summoning and ensuring the attendance of any person, including Officers of State
Governments, from any part of India and examining him or her on oath;
 Requiring the discovery and production of any document;
 Receiving evidence on affidavit;
 Requisitioning any public record or copy thereof from any court or office;
 Issuing summons for the examination of witnesses and documents; and any other matter
which may be prescribed.

24
(b) (i) When the SSCDA or SSTDA considers any matter to be serious and requiring the
personal attention of any State Minister, such Minister, on the request of the SSCDA/SSTDA,
shall make it convenient promptly to meet with the SSCDA or SSTDA for discussions to
facilitate quick resolution of such matter.
(ii) Where in the opinion of the SSCDA or the SSTDA a matter is so serious and important as
to require the personal attention of the Chief Minister of the State, Chief Minister shall make it
convenient promptly to meet the SSCDA / SSTDA for discussions to facilitate quick resolution
of such matter.
IV. Functional, financial and administrative autonomy of State Development Authorities
(a) The SSCDA and the SSTDA shall prescribe and regulate their own procedure.
 The SSCDA and SSTDA shall have the authority to formulate the functional facilities
required by them to facilitate their smooth and autonomous functioning.
 The SSCDA and SSTDA shall have the same authority in respect of the DSCDA and
DSTDA respectively.
(b) (i) The SSCDA and SSTDA shall have the authority to formulate their own staffing
pattern on the basis of efficiency, the requirements of the tasks entrusted to them and at the
same time utilizing modern systems and facilities so that there is no non-functional and
counterproductive proliferation.
(ii) Each DSCDA and DSTDA may also formulate the staffing pattern for themselves.
(iii) The SSCDA and SSTDA shall also have authority either to recruit staff on regular or
contract basis or take staff, if and to the extent suitable personnel are available, on
deputation, as necessary in their judgment for the effective implementation respectively of
the SCP and TSP, and formulate rules of recruitment or rules of deputation; and the State
Government shall provide all necessary assistance sought by the SSCDAs and SSTDAs.
The SSCDA and SSTDA shall have the same authority in respect of staffing for the
DSCDA / DSTDA.
(iii) The SSCDA and SSTDA shall have power to formulate their financial
requirements, and in the case of the DSCDA / DSTDA also, for effective functioning and
the State Government shall provide the amounts in full in their respective Annual non-Plan
Budgets and place such amounts at the disposal of SSCDA/SSTDA respectively.
Section 11: Provisions of the Act - An Additionality
a) The provisions of the Act shall be, in addition to and not in derogation of the provisions of
any other law, the policies and decisions of the State Government, for the time being in
force, for the development and welfare of the Scheduled Castes and Scheduled Tribes.
b) If any of the existing laws, policies and decisions is adverse to the interests of the Scheduled
Castes or Scheduled Tribes and their development and welfare and to the purposeful
formulation and effective implementation of the SCP or TSP, the SSCDA/SSTDA may
advise the State Government to repeal or amend such law, policies and decisions.
c) Such advice of the SSCDA/SSTDA shall ordinarily be binding on the State Government.

25
d) In the rare instances where the State Government do not wholly or partly agree with the
advice of the SSCDA/SSTDA, that Government shall record reasons for such disagreement.
Section 12: Accountability and Penalties
I. Accountability and Transparency of the Executive
The state Departments / Agencies and the District Departments/Agencies shall
(a) ensure transparency and accountability at all levels in the implementation of SCP for
Scheduled Castes and TSP for Scheduled Tribes Schemes by maintaining the following:
 the Comptroller and Audit General shall have statutory independence from the Executive,
and that access to information and appropriate resources to audit and report publicly on the
use of SCP and TSP funds be mandated accordingly.
 the duties and responsibilities of the State Government sector regarding SCP and TSP
policies be clearly identified and defined for the purposes of reporting, transparency and
accountability, and that government financial relationships with the private sector follow
clear rules and procedures, be conducted in an open manner, and disclosed whenever needed
for the public;
 the central and state government bureaucrats responsible for implementing SCP and TSP
schemes and projects be made accountable to the STs at the gram sabha level and to the SCs
at the community level in the respective panchayats as regards information, activity report
and assessment data concerning SCP and TP schemes and projects;
 State Government publish clear and measureable objectives for SCP and TSP, and regularly
report progress against them, and explain deviations from plans.
 Transparency in utilisation of financial resources and expenditure.
 maintain scheme wise, State wise, district wise, village wise and beneficiary wise details
 Present „Outcome Budget‟ of SCP for Scheduled Castes and TSP for Scheduled Castes
annually to Parliament.
 set up a web portal for tracking the progress of the implementation, utilisation of financial
resources and expenditure, output and outcome indicators of SCP and TSP;
(b) facilitate at minimum annual social auditing of expenditure of SCP and TSP funds, and
facilitate analysis of improvement in Human Development Index against the projections for
the state, district and blocks;
II. Formulation, Implementation of SCP and TSP is a Right of SCs and STs
The formulation and implementation of the SCP for Scheduled Castes and TSP for Scheduled
Tribes in accordance with this Act shall be the right of the Scheduled Castes and Scheduled
Tribes.

26
III. Litigation and Costs
Any member of the Scheduled Castes or Scheduled Tribes or any organization working for
them shall be free to move the Supreme Court, High Courts or any other appropriate legal
forum, in case of any failure or omission to formulate and implement the SCP and TSP in
accordance with this Act, and the State Government, shall bear the cost of the litigation from the
inception till final disposal.
IV. Failure of implementation an offence under SC ST Prevention of Atrocities Act 1989
(a) Failure to implement the provisions of this Act or any lapse, unless and until the
contrary is proved, shall be presumed to be an offence punishable under section 4 of The
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In addition, such
officer shall also be liable for disciplinary action under the relevant Conduct Rules. Any loss or
damage caused to the State, whether at the Central level or at the State level, or to the Scheduled
Castes or Scheduled Tribes, shall be recoverable from the officer who is found guilty.
(b) The SSCDA/SSTDA shall have powers to recommend to the appropriate Government
prosecution of any such officer who is negligent in his/her work pertaining to the Scheduled
Castes/Scheduled Tribes and to the SCP/TSP, under Section 4 of the Scheduled Castes /
Scheduled Tribes Prevention of Atrocities Act 1989. For this purpose, such negligence shall be
treated as an atrocity under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
(c) The recommendation of the SSCDA or SSTDA for prosecution of any person under the
POA Act, 1989 shall be binding on the State Government.
(d) If State Government do not wholly or partly agree with the recommendation of the
SSCDA/SSTDA the Government shall immediately notify SSCDA/SSTDA reasons for such
disagreement, and an independent investigation led by an Ombudsmen shall be conducted to
assess and investigate basis for the penalty recommendation, including interviews with
interested parties. Determination of the Ombudsmen shall be binding.
V. Power to impose fine and penalty
In addition to and without prejudice to section above (3 a,b,c) the SSCDA/SSTDA shall also
have the power1
to impose a lump sum penalty, fine on any public servant for failure for
implement the provisions of this act or for any lapse in its implementation, which may extend
upto Rupees fifty thousand which shall be recovered from the public servant on whom the
penalty is imposed and this shall be recorded in the confidential report of such Public Servant.
Section 13: Protection of the action taken in good faith;
All actions taken in good faith in the implementation of the provisions of this Act shall stand
protected.
Section 14: Power of the State Government to frame Rules
The, State Government may by notification in the State Gazette respectively make rules, to
carry out all or any of the purposes of this Act, ensuring that no rule or guideline issued by them

27
abridges or dilutes the autonomy of the SSCDA or the SSTDA, especially in the light of section
7 (6) to (9).
Section 15: Power to Remove Difficulties:
If any difficulty arises in giving effect to any of the provisions of this Act, the State Government
may, after obtaining the advice of the respective SSCDA or SSTDA, which advice shall be
ordinarily binding on the State, by general or special order, published in the Official State
Gazette, make such provision consistent with the provisions and objectives of this Act, as may
appear to them to be necessary or expedient for the removal of the difficulty.

Draft Tamil Nadu SCP and TsP Bill, 2015

Recommended

Recommended

More Related Content

Similar to Draft Tamil Nadu SCP and TsP Bill, 2015

Similar to Draft Tamil Nadu SCP and TsP Bill, 2015 (20)

More from hrf chennai

More from hrf chennai (20)

Recently uploaded

Recently uploaded (20)

Draft Tamil Nadu SCP and TsP Bill, 2015