IV-2—Ex. (174)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2024

[Price: Rs. 3.20 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 174]

CHENNAI, WEDNESDAY, MAY 29, 2024

Vaikasi 16, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[81]

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 9th May 2024 and

is hereby published for general information:—

ACT No. 20 OF 2024

An Act to put in place an institutional mechanism for the

preparation, approval, implementation and monitoring of the

Development Action Plan for the Scheduled Castes and the

Scheduled Tribes and to earmark funds for the development of

the Scheduled Castes and the Schedules Tribes not less than

the proportion to their population in the State of Tamil Nadu

and for matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:—

CHAPTER – I.

PRELIMINARY.

(1) This Act may be called the Tamil Nadu Development

Action Plan for the Scheduled Castes and the Scheduled Tribes Act,

2024.

Short title,

extent and

commencement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the

State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,—

Definition.

(a) “Development Action Plan” means the Development

Action Plan for the Scheduled Castes and the Scheduled Tribes

approved by the State Council;

(b) "Empowered Committee" means the Committee

constituted under section 5;

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salary, salary grants-in-aid, pension, administrative establishment,

capital expenditure, principal repayment, interest payment and any

other expenditure of administrative nature as may be notified by the

Government and it includes the amounts that could not be spent due

to non-release or short release of funds by the Union Government for

Central Sector Schemes and Centrally Sponsored Schemes;

(d) "gaps in development" means the shortfall in

such development indices, as may be prescribed, pertaining to the

Scheduled Castes and the Scheduled Tribes in comparison to the

State average;

(e) "General Schemes" means schemes included in

the Statement of Welfare Expenditure which benefit all the social

groups in the State including the Scheduled Castes and the Scheduled

Tribes;

(f) "Scheduled Castes” and “Scheduled Tribes" shall

have the same meaning assigned to them, in clauses (24) and (25),

respectively, of Article 366 of the Constitution of India;

(g) "Special Schemes" means schemes included in

the Statement of Welfare Expenditure which exclusively benefit the

Scheduled Castes and the Scheduled Tribes in the State;

(h) "State" means the State of Tamil Nadu;

(i)

"State Council" means the Tamil Nadu State Council

for the Development of the Scheduled Castes and the Scheduled

Tribes constituted under section 3;

(j)

“Statement of welfare expenditure” means the

statement published by the Government which contains the sector

wise abstract of the welfare expenditure and the budgetary allocations

for various welfare schemes;

(k) "total welfare expenditure outlay of the State"

means overall sum of the budgetary allocation made for the schemes

listed in the Statement of welfare expenditure.

CHAPTER-II.

INSTITUTIONAL ARRANGEMENT.

Constitution of the

State Council.

(1) The Government shall, by notification, constitute

a Council to be known as the Tamil Nadu State Council for the

Development of the Scheduled Castes and the Scheduled Tribes

to exercise the powers conferred on, and to perform the functions

assigned to, it under this Act.

(2) The State Council shall consist of the following members,

namely:—

(a) the Chief Minister, who shall be the Chairperson,

ex-Officio;

(b) the Minister in-charge of the Adi Dravidar and Tribal

Welfare, ex-Officio;

(d) the Minister in-charge of Forests, ex-Officio;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(e) five members to be nominated by the Government

from among the members of the Legislative Assembly and the

members of the Parliament, belonging to the Scheduled Castes or

the Scheduled Tribes, ex-officio;

(f) the Chief Secretary to Government, ex-Officio;

(g) the Secretary to Government in-charge of Finance,

ex-Officio;

(h) the Secretary to Government in-charge of Planning,

Development and Special Initiatives, ex-Officio;

(i) the

Secretary

Government

in-charge

Environment, Climate Change and Forests, ex-Officio;

(j) the

Secretary

Government

in-charge

Adi Dravidar and Tribal Welfare, who shall be the Member-Secretary,

ex-Officio; and

(k) four members to be nominated by the Government

from among the persons working for the welfare of the Scheduled

Castes and the Scheduled Tribes in the State.

(3) The members nominated under clause (e) of

sub-section (2) shall hold office till they cease to be a member of the

Legislative Assembly or the Parliament, as the case may be.

(4) The member nominated under clause (k) of sub-section

(2) shall hold office for a period of one year.

(5) The Government may, at any time, cancel any of the

nominations made under clause (e) or clause (k) of sub-section (2)

and make fresh nominations under the said clauses.

(6) The nominated members shall be eligible for such

allowances as may be prescribed.

(7) The State Council shall meet at least once in a year.

The State Council shall perform the following functions,

namely:—

Functions of the

State Council.

(a) advise the Government on policy matters relating to

the Development Action Plan;

(b) suggest measures for planning and implementation

of the Schemes for the development of the Scheduled Castes and the

Scheduled Tribes ;

the Empowered Committee;

(d) give directions to the Empowered Committee in

planning, implementation and monitoring of the Development Action

Plan;

(e) perform such other functions as may be prescribed.

(1) There shall be an Empowered Committee of the

State Council consisting of the following members, namely:—

Constitution of

the Empowered

Committee.

(a) the Minister in-charge of Adi Dravidar and Tribal

Welfare, who shall be the Chairperson, ex-Officio;

(b) the Chief Secretary to Government, ex-Officio;

Secretary

Government

in-charge

Adi Dravidar and Tribal Welfare, ex-Officio;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) the Secretary to Government in-charge of Finance,

ex-Officio;

(e) the Secretary to Government in-charge of Planning,

Development and Special Initiatives, ex-Officio;

(f) the

Secretary

Government

in-charge

Environment, Climate Change and Forests, ex-Officio;

(g) the Director, Adi Dravidar Welfare Department,

ex-Officio, who shall be the convener; and

(h) the Director, Tribal Welfare Department, ex-Officio;

who shall be the co-convener.

(2) The Secretary to Government of the respective

departments for which funds are earmarked or proposed to be

earmarked in the Development Action Plan, shall be the special

invitees for the meetings of the Empowered Committee.

(3) The Empowered Committee shall meet at least thrice in

a year.

Functions of the

Empowered

Committee.

The Empowered Committee shall perform the following

functions, namely:—

(a) formulate and design suitable schemes for the

development of the Scheduled Castes and the Scheduled Tribes;

(b) monitor and review the implementation of the

schemes for the development of the Scheduled Castes and the

Scheduled Tribes by the respective departments;

place it before the State Council for its approval;

(d) evaluate the outcome and impact of the ongoing

schemes of the respective departments for the development of the

Scheduled Castes and the Scheduled Tribes and appraise it to the

State Council;

(e) finalize the quantum of the unspent funds earmarked

under this Act for the development of the Scheduled Castes and the

Scheduled Tribes to various departments in a financial year, which

shall be carried forward to the financial year next to the immediately

succeeding financial year;

(f) perform such other functions, as may be prescribed.

Nodal Department

and its functions.

(1) The Adi Dravidar and Tribal Welfare Department shall

be the nodal department for the formulation and implementation of

the Development Action Plan.

(2) The nodal department shall,–

(a) prepare the draft Development Action Plan and

place it before the Empowered Committee for its consideration and

approval;

(b) monitor the implementation of the schemes for the

development of the Scheduled Castes and the Scheduled Tribes;

planning, allocation and utilization of the funds earmarked under this

Act for the development of the Scheduled Castes and the Scheduled

Tribes;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) undertake research, survey and statistical studies,

in such manner as may be prescribed, to track the progress of the

implementation of the Schemes for the development of the Scheduled

Castes and the Scheduled Tribes;

(e) create a web portal for the dissemination of such

information for the development of the Scheduled Castes and the

Scheduled Tribes in such manner, as may be prescribed; and

(f) undertake periodical impact analysis of the

implementation of the Development Action Plan based on the gaps in

development.

(1) There shall be a District Monitoring Committee in each

district, which shall be responsible for the implementation of the

Development Action Plan in the district.

District Monitoring

Committee and

its functions.

(2) The District Monitoring Committee shall consist of the

following members, namely:—

(a) the District Collector, who shall be the Chairman,

ex-Officio;

(b) not more than five Members of the State Legislative

Assembly or of the Parliament, preferably those belonging to the

Scheduled Castes or the Scheduled Tribes, whose constituency lies

wholly or partly in that District, to be nominated by the Government,

ex-Officio;

Agency, ex-Officio;

(d) the District Revenue Officer, ex-Officio;

(e) the District Forest Officer, ex-Officio;

(f) the Joint Director, Agriculture, ex-Officio;

(g) the District Adi Dravidar and Tribal Welfare Officer,

ex-Officio, who shall be the Convener; and

(h) the Project Director of the district, where the

Integrated

Tribal

Development

Programme

implemented,

ex-Officio, who shall be the co-convener.

(3) The District level officers of the respective departments,

for which funds are earmarked or proposed to be earmarked in the

Development Action Plan, for the development of the Scheduled

Castes and the Scheduled Tribes, shall be the special invitees for the

meetings of the District Monitoring Committee.

(4) The members nominated under clause (b) of

sub-section (2) shall hold office till they cease to be a member of the

Legislative Assembly or the Parliament, as the case may be.

(5) The Government may, at any time, cancel any of the

nominations made under clause (b) of sub-section (2) and make fresh

nominations under the said clause.

(6) The nominated members shall be eligible for such

allowances as may be prescribed.

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(7) The District Monitoring Committee shall review the

implementation of the Development Action Plan in the District once in

three months and submit a progress report to the nodal department.

CHAPTER-III.

PREPARATION OF DEVELOPMENT

ACTION PLAN AND

EARMARKING OF FUNDS.

Preparation of

Development

Action Plan.

(1) The nodal department shall evaluate the gaps in

development of the Scheduled Castes and the Scheduled Tribes

in consultation with the departments concerned and then prepare a

draft Development Action Plan in such manner as may be prescribed

and place it before the Empowered Committee for its consideration

and approval before the beginning of each financial year.

(2) The Empowered Committee shall evaluate the draft

Development Action Plan and place it before the State Council for its

approval with or without modifications, as it may deem fit.

(3) The State Council shall examine the draft Development

Action Plan and approve it subject to the modifications as it may deem

fit.

Earmarking of

Funds for the

Development of

the Scheduled

Castes and

the Scheduled

Tribes.

10. (1) The Government shall, in every financial year, earmark

funds for the development of the Scheduled Castes and the

Scheduled Tribes from the total welfare expenditure outlay of the

State, in such manner as may be prescribed, which shall be not less

than the proportion of the population of the Scheduled Castes and the

Scheduled Tribes in the State.

(2) The unspent funds earmarked in a financial year to

a department under sub-section (1) for the development of the

Scheduled Castes and the Scheduled Tribes, if any, except the

exempted expenditure, shall be carried forward to the financial year

next to the immediately succeeding financial year and it shall not be

carried forward beyond that year.

(3) Out of the funds so carried forward, two-thirds shall

be allocated to the same department and the remaining one-third to

the nodal department under a separate head of account and such

carried forward funds shall be utilized by the respective departments

in accordance with the guidelines issued by the Government, from

time to time.

(4) The funds for the development of the Scheduled Castes

and the Scheduled Tribes under sub-section (1) shall be earmarked in

each financial year in accordance with the annual financial statement

of the Government.

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11. While earmarking the funds for the development of the

Scheduled Castes and the Scheduled Tribes under section 10, the

following expenditures may be included therein, namely:—

Expenditures to

be included in

the Earmarked

Funds.

(a) in respect of the Special Schemes exclusively

benefitting the Scheduled Castes and the Scheduled Tribes, hundred

per cent of the expenditure allocated for such schemes;

(b) in respect of General Schemes, a portion of the

expenditure allocated to such schemes in proportion to the population

of the Scheduled Castes and the Scheduled Tribes in the State or

to the number of beneficiaries of such schemes belonging to the

Scheduled Castes and the Scheduled Tribes, as the case may be,

whichever is higher; and

infrastructure works, a portion of the scheme cost as it may deem fit.

12. Each department shall measure the gaps in the development

of the Scheduled Castes and the Scheduled Tribes in the State in the

prescribed manner and prioritize their developmental needs through

a consultative process and may propose schemes to the Empowered

Committee through the nodal department.

Proposal of

Schemes.

13. The Empowered Committee shall evaluate the Schemes,

if any, proposed by the nodal department and ensure that those

Schemes are in conformity with this Act.

Appraisal of

proposed

Schemes.

CHAPTER-IV.

MISCELLANEOUS.

14. (1) The Government shall ensure transparency and

accountability at all levels in the implementation of the schemes for

the development of the Scheduled Castes and the Scheduled Tribes.

Transparency and

Accountability.

(2) The Government shall publish the documents along

with relevant statistical data on the status of the implementation of

Development Action Plan, in the Web Portal created under this Act

and in any other web portal or public domain, as may be notified by

the Government.

15. The nodal department shall place before the Legislative

Assembly, an annual report in respect of each financial year on the

impact and outcome of the implementation of the Development Action

Plan containing the department wise achievements and the status of

the unspent funds earmarked during that financial year.

Annual Report.

16. If any difficulty arises in giving effect to the provisions of this

Act, the Government may, by an order published in the Tamil Nadu

Government Gazette, make such provisions not inconsistent with the

provisions of this Act, as appear to them to be necessary or expedient

for the removal of the difficulty:

Provided that no such order shall be made after the expiration

of a period of two years from the date of commencement of this Act.

Power to remove

difficulties.

17. (1) The Government may, by notification, make rules for

carrying out all or any of the provisions of this Act.

Power to make

rules.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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) the development indices for the measurement of

gaps in development and the manner of such measurement ;

(b) allowances payable to the nominated members of

the State Council and the District Monitoring Committee;

Empowered Committee;

(d) the manner of undertaking research, survey and

statistical studies by the nodal department to track the progress of the

implementation of the schemes for the development of the Scheduled

Castes and the Scheduled Tribes;

(e) kinds of information which have to be disseminated

through the web portal and the manner of such dissemination;

(f) manner of preparation of the Development Action

Plan;

(g) manner of earmarking of the funds under

section 10 for the development of the Scheduled Castes and the

Scheduled Tribes; and

(h) any other matter which is required to be, or may be,

prescribed under this Act.

(3) (a) All rules made under this Act shall be published in

the Tamil Nadu Government Gazette and, unless they are expressed

to come into force on a particular day, shall come into force on the day

on which they are so published.

(b) All notifications issued under this Act shall, unless

they are expressed to come into force on a particular day, come into

force on the day on which they are so published.

(4) Every rule made or notification or order issued under

this Act shall, as soon as possible, after it is made or issued, be placed

on the table of the Legislative Assembly, and if, before the expiry of

the session in which it is so placed or the next session, the Assembly

makes any modification in any such rule or notification or order, or

the Assembly decides that the rule or notification or order should not

be made or issued, such rule or notification or order 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 or notification or order.

(By order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

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ON BEHALF OF THE GOVERNMENT OF TAMIL NADU