The Andhra Pradesh Backward Classes Sub-Plan (Planning, Allocation and Utilisation of Financial Resources) Act, 2019

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh Backward Classes Sub-Plan (Planning, Allocation and Utilisation of Financial Resources) Act, 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,—

1. (a) "Backward Classes" means such classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be identified by the State Government for the purposes of this Act;
2. (b) "Backward Classes Sub-Plan (BCSP)" means the plan for the development of Backward Classes through the allocation and utilisation of financial resources for the schemes specifically benefiting Backward Classes;
3. (c) "Backward Classes Sub-Plan Fund" means the portion of the plan outlay of the State earmarked for the purposes of this Act;
4. (d) "Gaps in development" means the differences in the development indicators between the Backward Classes and the general population;
5. (e) "General Schemes" means the schemes which are implemented for the benefit of the population in general;
6. (f) "Habitation" means a cluster of households or a settlement, so recognised by the State Government;
7. (g) "Nodal Agency for BCSP" means the agency constituted by the State Government for coordinating the implementation of the Backward Classes Sub-Plan;
8. (h) "Nodal Department" means the department of the State Government dealing with the welfare of Backward Classes.

Formulation of Backward Classes Sub-Plan

1. (1) The State Government shall formulate the Backward Classes Sub-Plan comprising of schemes that provide for:
   • (a) creation of new infrastructure and maintenance and expansion of existing infrastructure in Backward Classes habitations and in those areas where the Backward Classes reside in significant numbers;
   • (b) human resource development through education, skill development and vocational training;
   • (c) social insecurity, economic empowerment and livelihoods;
   • (d) all other matters that are necessary for the overall development of Backward Classes.
2. (2) The Planning Department shall issue guidelines for formulation of the Backward Classes Sub-Plan in accordance with the provisions of this Act.

Allocation of funds

1. (1) The State Government shall ensure that the Backward Classes Sub-Plan fund is allocated in every financial year, in proportion to the population of Backward Classes in the State, as per the latest census.
2. (2) The outlay for the Backward Classes Sub-Plan shall be proportionate to the population of the Backward Classes in the State as per the latest census, to the total plan outlay of the State.
3. (3) The funds allocated for the Backward Classes Sub-Plan shall be non-lapsable.

Dedicated Outlay for Backward Classes Dedicated Outlay for Backward Classes

1. (1) The State Government shall, upon the commencement of this Act, ensure a dedicated outlay of funds for the Backward Classes in the Annual State Budget in proportion to the population of the Backward Classes in the State as determined in the latest census.
2. (2) The State Government shall, for the purpose of the Backward Classes Sub-Plan, identify the schemes and development programmes and allocate funds from the State budget in the manner specified under sub-section (1).
3. (3) The Nodal Department shall ensure that the funds allocated for the Backward Classes Sub-Plan are non-divertible and are utilized exclusively for the development of the Backward Classes. (4) Provided that in case of any shortfall in the utilization of the allocated funds in a financial year, the unspent balance shall be carried forward to the next financial year for the intended purposes.

Execution of Schemes and Development Programmes

1. (1) The State Government shall, through the Nodal Department and the concern Departments, ensure effective execution of schemes and development programmes under the Backward Classes Sub-Plan.
2. (2) Each Department responsible for implementing schemes under the Backward Classes Sub-Plan shall:
   • (a) prepare a detailed action plan for the implementation of schemes in the Backward Classes habitations and for individual beneficiaries belonging to the Backward Classes;
   • (b) prioritize the development of infrastructure and social amenities in habitations with a predominant Backward Classes population;
   • (c) ensure that the benefits of the earmarked schemes reach the intended beneficiaries belonging to the Backward Classes in a transparent and time-bound manner.
3. (3) The Nodal Agency for the Backward Classes Sub-Plan shall monitor the implementation of such schemes and report to the State Government on the progress and utilization of allocated funds.

Institutional arrangements

1. (1) The Government shall constitute a State Council under the chairmanship of the Chief Minister to oversee the implementation of the Andhra Pradesh Backward Classes Sub-Plan.
2. (2) The Government shall designate a Nodal Department for Backward Classes Sub-Plan to perform the functions assigned to it under this Act.
3. (3) The Government shall constitute a Nodal Agency for the Backward Classes Sub-Plan under the chairmanship of the Minister for Backward Classes Welfare for coordinating the activities of all the departments.

Powers of the Nodal Agency

1. (1) The Nodal Agency shall have the following powers:
   • (a) To identify the gaps in the development of Backward Classes and the Backward Classes habitations and to prioritize the works;
   • (b) To approve the Backward Classes Sub-Plan schemes proposed by the departments;
   • (c) To monitor and evaluate the implementation of the schemes;
   • (d) To suggest to the Government appropriate financial and administrative measures;
   • (e) To ensure that the Backward Classes Sub-Plan funds are utilized for the intended purposes;
   • (f) To perform such other functions as may be prescribed for the effective implementation of this Act.

("Transparency and accountability")

1. (1) The Nodal Department shall place before the State Legislature, an annual performance review report of the Backward Classes Sub-Plan, including status of implementation of schemes, expenditure and outcomes.
2. (2) The Nodal Department shall ensure that details of all schemes, beneficiaries and progress reports are placed in the public domain and widely disseminated.
3. (3) The District Development Council shall review the implementation of the Sub-Plan at the district level and submit a report to the State Level Council.

("Provision of separate account")

1. (1) Separate budget lines shall be provided for the Backward Classes Sub-Plan under the relevant demands for grants of the concerned departments to ensure earmarked allocation of funds.
2. (2) All funds allocated under the Backward Classes Sub-Plan shall be credited to a dedicated account or head of account, and shall be utilized exclusively for the purposes of the Sub-Plan.
3. (3) The utilization of funds shall be subject to audit by the Comptroller and Auditor General of India, as per the existing procedures.

Power to make rules.-

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment have effect only in such modified form or shall stand annulled 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.

Power to remove difficulties.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislature of the State.

-1 13. Power to issue guidelines

1. (1) The Government may, from time to time, issue such guidelines, directions, or instructions as may be necessary for the effective implementation of the provisions of this Act.
2. (2) All such guidelines, directions, or instructions issued shall be binding on all the departments and the implementing agencies.