Chapter VI Chapter VI

Transparency and accountability Transparency and accountability.-

1. (1) Each department shall ensure transparency and accountability at all levels in the implementation of the Schedule castes Sub-Plan and Tribal Sub-Plan schemes.
2. (2) Each department shall, host the documents as may be prescribed in public domain.

Incentives and penalties.- The Government shall formulate an appropriate scheme, to award incentives for commendable performance. Any functionary or official being a public servant willfully neglects his duties required to be performed by him under this Act shall be subjected to disciplinary action under the relevant service/disciplinary rules applicable to the Government officials and functionaries or as decided by the Nodal agency for the Scheduled Castes Sub-Plan/Tribal Sub-Plan depending upon the intensity of such negligence shall be punishable with an imprisonment for a term which may extend up to six months.

Cognizance of Offence.- Offences specified under section 24 shall be non-cognizable.

Annual report to be placed before State Legislature Annual report to be placed before State Legislature.- The Nodal agency shall place before the State Legislature, an Annual Report on outcome of implementation of the Scheduled Castes Sub-Plan or Tribal Sub-Plan containing, department wise achievements and the un-utilized funds during the financial year under report.

Power to make rules.-

1. (1) Subject to the other provisions of this Act, the Government may, by notification after previous publication make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) determination of gaps in development of Scheduled Castes and Schedule Tribes under section 2;
   • (b) constitution of and transaction of business in the State Council for development of Scheduled Castes and Scheduled Tribes;
   • (c) the qualification, disqualification and other allowances to the non-official members of the State Council under section 3;
   • (d) maintenance of a web portal by the Nodal Agency under section 6;
   • (e) constitution of Administrative and Technical support Unit in Nodal Department for Schedule Castes Sub-Plan/Tribal Sub-Plan under section 9;
   • (f) constitution of Sub-Plan Support Unit at department level under section 10;
   • (g) institutional strengthening at State, district and sub-district level for ensuring effective implementation, awareness, mass contact programme, social audit and monitoring of Scheduled Castes Sub-Plan and Tribal Sub-Plan under section12;
   • (h) earmarking Scheduled Castes Sub-Plan/Tribal Sub-Plan Funds from the plan outlays under section 13;
     • (i) identification of scheduled Castes Sub-Plan/Tribal Sub-Plan Schemes and preparation of Sub-Plans by the departments under section 18;
   • (j) preparation of budget proposal of Scheduled Castes Sub-Plan/Tribal Sub-Plan for appraisal by the Nodal Departments under section 19;
   • (k) strengthen the Finance Department for monitoring expenditure under the Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 22; and
   • (l) procedures for ensuring transparency and accountability in the implementation of Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 23.
3. (3) Every rule made under this Act, shall be laid, as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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 Official Gazette, make such provisions as appear to it to be necessary or expedient to remove the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as it is made, before each House of the State Legislature.