IMPLEMENTATION OF PROTECTIVE PORVISIONS OF THE CONSTITUTION OF INDIA IN HP IN RELATION TO SC/ST/OBC.
(Based on information obtained under RTI Act, 2005).
PART C/1
Economic Empowerment (Outlines)
SCSP (now SCDP) in Himachal
Travesty of justice
Ø Professed Goal
l To secure economic, educational and human development of Scheduled Castes.
l To bridge the gaps in development and bring about socio-economic equality.
Ø Professed Strategy
l Autonomous institutional framework at all levels (State, District, Tehsil).
l Flow of outlays from the general sectors for the development of SCs, as additionality.
l Exclusive Programmes and special schemes.
Ø Budget Outlays (in proportion to the population of SCs)
Allocations in lakhs
| Source | State Development Budget | Central Development Budget | Total |
| 2022-23 | 240012.00 | 85145.00 | 325157.00 |
| 2023-24 | 239905.00 | 87971.00 | 327876.00 |
Trial and tribulation
Ø SCDP- a charade
ü Allocations are only notional- this is literally a general budget.
ü Miniscule provision for special schemes and exclusive programme.
ü Dilution of concept of additionality.
ü Allocations are spread over without focus on education, employability & entrepreneurship, social security and family & individual oriented schemes.
ü Guidelines of NITI Ayog and reports of NCSC have been ignored.
Ø Colourable Implementation
l Empowerment Department has an additional responsibility to coordinate plan & implementation SCSP in HP. It lacks institutions and manpower to handle the monolith.
l Tepid approach in flagship schemes. Illustrations:
ü Number of beneficiaries in social security pensions is tacitly being restricted in proportion to the population of the SCs in the State albeit half of the total poor in this State are SCs.
ü Infrastructures being created out of SCDP have oblique distant relation to SCs. Nearly six thousand schemes have been lying incomplete for years and years.
ü 7901 SC applicants were denied housing subsidy under the Swaran Jayanti Ashray Yojana during the year 2022-23.
ü The scheme for life insurance cover to Safai Karamcahris and workers of treatment plants under SCDP has been rendered redundant.
ü Hostels for students are not being constructed.
ü Pre/post matric scholarship schemes are in disarray.
ü Coaching and skill upgradation are getting scant attention.
l Diversion of funds.
ü Some portion of SCSP is allowed to lapse and diverted. In the financial year 2019-20 it was nearly 19%.
ü Less than 5% is spent for the development of Scheduled Castes.
Imperatives to cure the malaise
l Legislation
ü National Commission for Scheduled Castes, scholars working in social field are of confirmed opinion that SCSP cannot be implemented effectively without the strength of a legislation. Some States have such legislation and they are doing well.
l Dedicated budget allocations
ü Guidelines of NITI Ayog lay down that “… the expenditure under SCSP should be meant only towards filling the development deficits as an additional financial support over and above the normal provisions which should be available for Scheduled Castes like other various schemes.” In other words SCDP is an additionality.
l Autonomous Institutional framework
ü The guidelines issued by NITI Ayog provide that “ … a suitable institutional mechanism should be put in place by the State Government for the implementation of SCSP” . Therefore, constitution of independent institutional framework has been emphasized right from Gram Sabha levels to District and State levels.
l Exclusive programmes and special schemes
ü There should be exclusive programs and special schemes for: (i) education (ii) housing (iii) income generation and increasing the employability (iv) health (v) social security and the like for SC families and individuals.
SC & ST Development Corporation- Trailing the time wave.
ü Sponsors self employment programme based loan cases up to Rs. 50000 to the banks with capital subsidy to BPL families up to a maximum of Rs. 10000;
ü Provides interest subsidy to reduce interest burden to 4% up to the project cost of Rs 50000;
ü Provides loan up to 10 lacs to Safai Karmcharis;
ü Under HIMSWABLAMBAN yojana provides loans up to 50 lacs wherein up to 10% of the project cost is provided by Corporation as margin money loan and rest of finance is made available by National Corporations;
ü Provides study loan up to Rs 20 lacs for pursuing post matric technical studies.
Grey Areas
ü Loaning vis-a-vis project cost is abysmally low. Resultantly the projects become unviable. This has led to debt trap of 12728 families;
ü There are disproportionate collateral and securities against the loans;
ü Process of loaning is cumbersome;
ü Recoveries are coercive and tyrannical.
Need for alleviation
ü In the era of liberalization of economy the Corporation must leave the parochial approach and open up;
ü Entrepreneurship among the deprived has to be supported by remodeling the loaning based on actual project cost;
ü While determining capital and interest subsidy parts mandate of Article 46 of the Constitution must be kept in view;
ü The beneficiaries should not be burdened with disproportionate securities and collateral;
ü Ease of business is the order of the day;
ü Conditions of recoveries should be beneficiary friendly.
C/2- In Detail
Economic Empowerment
Article 46 of the Constitution of India enjoins upon the State to promote economic interests of Scheduled Castes, inter-alia, and to protect them from all forms of exploitation.
Scheduled Caste Sub Plan (Now SCDP) in Himachal Pradesh.
A Case Study
l The development outlays and inputs did not flow to the SCs in due measure in the Plans and Programmes over the period of time since Independence. Therefore, the Government of India initiated in 1978 the Special Component Plan for Scheduled Castes- later SCSP and now SCDP.
l The State of H.P. undertook this Plan since 1979-80.
l HP has SC population of more than 25%. This is second largest after Punjab, in terms of percentage.
l A recent study carried out by HP Institute of Public Administration (June 2018 Journal) shows that of the total poor in Himachal, 45.5% are SCs. Many are landless and houseless.
Ø Professed Goal of SCSP
l To secure economic, educational and human development of Scheduled Castes.
l To bridge the gaps in development and bring about socio-economic equality.
Ø Professed Strategy of SCSP
1(a) To channelize the flow of outlays from the general sectors for the development of SCs, at least in proportion to their population.
(b) Such outlays are additionality over and above the general Plans of State.
(c) Outlays under the SCSP are non-divertible and non-lapsable.
2.There should be exclusive programs and special schemes for:(i) education (ii) housing (iii) income generation and increasing the employability (iv) health (v) social security and the like for SC families and individuals.
3.Building up autonomous institutional framework at all levels (State, District, (Tehsil) to effectively implement the SCSP.
4.Strengthening and developing infrastructure and other minimum services in SC habitations.
SCDP Budget Allocations
State/Central development budget for 2023-24 (in lakhs).
| S. N. | Sector | State Outlay | Central Outlay | Spl C A |
| A | ECONOMIC SERVICES |
|
|
|
| I | Agriculture & Allied |
|
|
|
| 1. | Agriculture | 3999.00 | 2668.00 | 1.00 |
| 2. | Horticulture | 5555.00 | 1380.00 | 1.00 |
| 3 | Soil Conservation | 1506.00 | 458.00 | 1.00 |
| 4 | Animal Husbandry | 628.00 | 100.00 | 1.00 |
| 5 | Dairy Development | 3339.00 |
|
|
| 6 | Fisheries | 37.00 | 283.00 |
|
| 7 | Forestry & Wildlife | 9499.00 | 672.00 |
|
| 8 | Marketing & Quality C | 416.00 |
|
|
| 9 | Cooperation | 69.00 | 23.00 | 1.00 |
| 10 | Total Agri & Alli Acti | 25048.00 | 5584.00 | 5.00 |
| II | Rural Development |
|
|
|
| 1. | Rural Development |
| 12998.00 |
|
| A) | Special Programme | 104.00 |
|
|
| B) | Rural Employment | 3873.00 |
|
|
| C) | Others | 179.00 |
|
|
| 2. | Community Develop | 584.00 | 3023.00 |
|
| 3 | Panchayat | 508.00 | 486.00 |
|
| 4 | Land Record | 328.00 |
|
|
|
| Total Rural Develop | 5576.00 | 16507.00 |
|
| III | Spl Area Programme |
|
|
|
| IV | Irrigation & Flood Co |
|
|
|
| 1 | Major & Mediu Irriga | 9.00 | 7.00 |
|
| 2 | Minor Irrigation | 4942.00 | 3082.00 |
|
| 3 | Command Area Dev | 1411.00 | 1.00 |
|
| 4 | STOCK (Flood Control) | 335.00 | 8.00 |
|
|
| Total Irrig & Flood Co | 6697.00 | 3098.00 |
|
| V | Energy |
|
|
|
| 1 | Power | 18341.00 |
|
|
| 2 | Non Conven Energy | 500.00 |
| 1.00 |
|
| Total Energy | 18841.00 |
|
|
| VI | Industries & Minerals |
|
|
|
| 1. | Village & Samll Ind | 1659.00 |
|
|
| 2 | Large & Medium Ind | 250.00 |
|
|
|
| Total Ind & Minerals | 1909.00 | 546.00 | 1.00 |
| VII | Transport |
|
|
|
| 1 | Roads & Bridges | 33115.00 | 8439.00 | 1.00 |
| 2 | Transport |
|
|
|
| A) | Road Transport | 15905.00 |
|
|
| B) | Rail Transport | 358.0 |
|
|
| C) | Civil Aviation | 15690.00 |
|
|
|
| Total Transport | 65068.00 | 8439.00 | 1.00 |
| VIII | Telecommunication |
|
|
|
| IX | Science & Tech (total) | 250.00 |
|
|
| X | Inf & Tech (total) | 680.00 |
|
|
| XI | General Eco Service |
|
|
|
| i) | GAD | 1.00 |
|
|
| ii) | Excise & Taxation | 400.00 |
|
|
| iii) | Treasury & Accounts | 453.00 |
|
|
| iv) | Food & Civil Supplies | 6084.00 | 6.00 |
|
| v) | Tourism | 16148.00 |
|
|
| Total | General Eco Services | 23086.00 |
|
|
| TOTAL | ECONOMIC SERVICES | 147155.00 | 34180.00 | 8.00 |
| B | SOCIAL SERVICES |
|
|
|
| I | Edu, Sports, Art & Cul |
|
|
|
| 1 | Elementary Education | 3736.00 | 14355.00 |
|
| 2 | Secondary Education | 3760.00 | 5304.00 |
|
| 3 | Higher Education | 3596.00 | 3116.00 |
|
| 4 | Technical Education | 3693.00 |
|
|
| 5 | Language, Art & Cul | 276.00 |
|
|
| 6 | Youth Ser & Sports | 730.00 |
|
|
| Total | Edu, Sports, Art & Cul | 15791.00 | 22775.00 |
|
| II | Health & Family Wel |
|
|
|
| 1 | Allopathy | 9137.00 | 14094.00 |
|
| 2 | Ayush | 433.00 | 193.00 |
|
| 3 | Med Edu & Research | 1845.00 | 7.00 |
|
| Total | Health & Family Wel | 11415 | 14294.00 |
|
| III | Water Supp, Sanita, Housing, Urban Dev |
|
|
|
| 1 | Urban Water Supp | 1134.00 |
|
|
| 2 | Rural Water Supply | 9175.00 |
|
|
| 3 | Sewerage Schemes | 1506.00 |
|
|
| Total | Water Supp & Sanita | 11815.00 |
|
|
| 4 | Housing |
|
|
|
| A) | Pooled Gov Housing | 1081.00 |
|
|
| B) | Rural Housing | 380.00 |
|
|
| C) | Police Housing | 1250.00 | 216.00 |
|
| D) | Forensic Lab | 100.00 |
|
|
| 5 | Urban Development | 1949.00 | 963.00 |
|
| Total | Water Supp, Sanita, Housing, Urban Dev | 16575.00 | 1179.00 |
|
| IV | Inf & Publicity (total) | 20.00 |
|
|
| V | Wel of SC,ST, OBC |
|
|
|
| 1 | Welfare of SCs | 2625.00 | 308.00 | 1965.00 |
| 2 | Social Welfare | 32072.00 | 1401.00 |
|
| 3 | Cont for SC/ST DC | 202.00 | 200.00 |
|
| Total | Wel of SC,ST, OBC | 34899.00 | 1909.00 |
|
| VI | Labour & Emp (total) | 3136.00 |
|
|
| VII | Women & Child Wel |
|
|
|
| 1 | Child Welfare | 6218.00 | 8613.00 |
|
| 2 | Women Welfare | 2373.00 | 1255.00 |
|
| 3 | Nutrition Programme | 199.00 | 1791.00 |
|
| Total | Women & Child Wel | 8790.00 | 11659.00 |
|
| Total | Social Services | 90626.00 | 51816.00 | 1965.00 |
| C | General Services |
|
|
|
|
| Admin Services |
|
|
|
| 1 | Non Res Gov Blds | 948.00 | 1.00 |
|
| 2 | Judiciary | 289.00 | 1.00 |
|
| 3 | Fire Services | 250.00 |
|
|
| 4 | Vigilance | 93.00 |
|
|
| 5 | Home Guards | 150.00 |
|
|
| 6 | Prison | 300.00 |
|
|
| 7 | Prosecution | 57.00 |
|
|
| 8 | Election | 25.00 |
|
|
| 9 | Printing & Stationary | 12.00 |
|
|
| Total | General Services | 2124.00 |
|
|
|
| Grand Total | 239905.00 | 85998.00 | 1973.00 |
Total Plan size : 239905.00 (State outlay) + 87971.00 (Central Development Budget)= 327876.00
Cursory analysis
Sectoral allocations- a facade.
l The budget is general in nature and SCDP is misnomer. Only notional allocations are made in proportion to population. There are stray minuscule special measures for development of SCs. The National Commission for Scheduled Castes holds that “such practice defeats the purpose of the SCSP”. On July 30, 2016, the then Chairman of the National Commission for Scheduled Castes, Dr. P.L. Punia told The Hindu that “we are interested in SC-specific schemes. We are not interested in spending on general population schemes. That is a diversion of SCSP funds” .
l The guidelines of the NITI Ayog state that “notional allocations are mere paper figures that do not have flows/schemes directly benefitting Scheduled Castes. Therefore such practice should be avoided by the States”.
l SCSP is an additionality in its nature and framework. But he State of HP has been applying the rule of ratio and proportion by citing the logic of mixed population. This logic is in contradistinction of the guidelines of NITI Ayog and also against the historical reason in framing exclusive plans. Guidelines of NITI Ayog lay down that “… the expenditure under SCSP should be meant only towards filling the development deficits as an additional financial support over and above the normal provisions which should be available for Scheduled Castes like other various schemes.”
l Special schemes and exclusive programmes under different sectors are sporadic and pathetically inadequate. The approach is open ended and scattered. Individual and family-oriented sectors like education, housing, income generation, employability and social security are constricted.
Gaps in implementation
1. No Institutional Framework or Legislation in place.
l There is no system and institutional framework in HP for Planning & Implementation of SCSP. Punjab and many other States have separate Departments. Empowerment Department is Nodal Department for SCSP in HP. This is only additional responsibility imposed on it. It has no exclusive manpower or structure to plan, monitor and implement the SCSP.
l The guidelines issued by NITI Ayog provide that “ …a suitable institutional mechanism should be put in place by the State Government for the implementation of SCSP” . Therefore, constitution of independent institutional framework has been emphasized right from Gram Sabha levels to District and State levels.
l States like Telanga, Andhra, Karnatka have built up systems and institutions by enacting legislation. National Commission for Scheduled Castes has also recommended legal framework for Planning and Implementation of SCSP. Sh. P.S. Krishnan, an IAS officer, was instrumental in framing schemes and laws for welfare of SC/ST/OBC post Independence. He was of the firm opinion that the SCSP can be implemented effectively only with the strength of a legislation.
ü Concept legislation for HP is attached as Annexure C/4.
ü Such legislation can be framed to TSP mutatis mutandis.
2. Lack of exclusive programmes and special schemes
ü Instructions of Government of India/NITI Ayog emphasize that there should be exclusive programs and special schemes for: (i) education (ii) housing (iii) income generation and increasing the employability (iv) health (v) social security and the like for SC families and individuals. But except for committed liability under the PCR/PoA Acts, pre/post matric scholarship and stray other schemes of Social Justice and Empowerment Department, no special schemes are in operation.
3. Diversion of funds
l Some portion of SCSP is allowed to lapse and diverted. For example, in the financial years 2017-18 & 2018-19 such portion was nearly 17% of SCSP outlays. In the year 2019-20 it was 19% approximately.
4. Inadequate data base
l There is no data of vulnerable sections like specially-abled, mentally challenged, drug-addicts, old and infirm, widows, orphans and destitute women. There are no special schemes and exclusive programmes even for these critical groups.
5. Flagship schemes--apathetic inadequacy
a) Social Security Pensions
l Social Security Pension scheme is not exclusive programme SCs. Then the number of beneficiaries is tacitly being restricted in proportion to the population of the SCs in the State albeit half of the total poor in this State are SCs. At present (2022-23) total pensioners in the State are 7,42,118 and out of this 1,92,588 are SCs. This comes to 25.95 % of the total pensioners. SCs forms more than 25% of total population of the State of HP. Thousands of applications for pension are pending despite prolific budget.
ü Such preposterous abatement in critical sector is iniquitous.
b) Housing
l SC/OBC are beneficiaries of Swaran Jayanti Ashray Yojana to Backward Classes Rules, 1975. Housing subsidy for construction of of new houses is 1.5 lacs unit and for repair it is 00.35 lacs per unit. However, this remains a vital investment for SC/OBC as housing is one of the critically deficient area in case of these deprived classes. Unit cost of the house construction is inequitably linked with that of the general plan. Thousands of applications are pending vis-a-vis monumental SCDP. Because this scheme is in existence, other housing schemes of Central/State Government are tacitly being denied to SC/OBC.
ü Status of implementation of this Yojana in the year 2022-23:
SC OBC
| District | Sanctioned | Pending | Sanctioned | Pending |
| Chamba | 449 | 860 | 03 | 127 |
| Kangra | 866 | 1917 | 146 | 4523 |
| Hamirpur | 184 | 537 | 20 | 336 |
| Una | 00 | 350 | 39 | 409 |
| Mandi | 2206 | 2051 | 10 | 340 |
| Kullu | 477 | 450 | 02 | 98 |
| Bilaspur | 00 | 485 | 00 | 119 |
| Solan | 00 | 300 | 11 | 10 |
| Shimla | 04 (Dodra K) | 655 | 6 | 15 |
| Sirmour | 184 | 282 | 19 | 256 |
| Kinnaur | 96 | 14 | 00 | 00 |
| L & S | 00 | 00 | 00 | 00 |
| Grand Total | 4466 | 7901 | 256 | 6233 |
ü The scheme faces structured constriction.
l The Safai Karmcharis and their families have been living generally in urban slums, perforce, in pursuit of their employment. The make-shift hutments are either built on Government/Urban Local Bodies lands or some dilapidated abandoned shelters were occupied. They have been facing sporadic eviction threats. There have been plethora of assurances from HP State Government to regularize their living areas. They cannot take benefit of housing schemes because they do not own land.
l It is settled by now that right to shelter is Fundamental Right. This part of Article 21 when read in conjunction with Article 46 of the Constitution mandates the State to ameliorate the living plight of the depressed and deprived. The Safai Karmcharis living in sub human conditions in the State of Himachal Pradesh require special consideration and affirmative action of the Government.
c) Infrastructure
l Infrastructures being created out of SCDP have oblique distant relation to SCs. There is no accountable system for identification of schemes and their implementation. Approximately six thousand schemes being carried out under the capital heads of Demand No.32 have been lying incomplete for years and years. This situation not only drains out the funds meant for SCs but also makes the expenditure unfruitful /wasteful. This is also a tacit injustice with the deprived class.
d) Others
l The job of cleaning carry attendant risk to the lives and limbs of the Safai Karamcharis. Their life spans become short as a consequence. The scheme for life insurance cover to Safai Karamcahris and workers of treatment plants under SCDP has been rendered redundant.
l Hostels for students are not being constructed.
l Pre/post matric scholarship schemes are in disarray.
l Coaching and skill upgradation are getting scant attention.
The Predicament
l The Hon’ble National Commission for Scheduled Castes, in its Annual Report (2012-13 p. 40) was constrained to note that “however, what was evident after a cursory reading of the reply was that the Government of Himachal Pradesh is not very proactive on the matter of Scheduled Caste welfare.”
l On the basis of documents supplied by Government of H.P., the National Commission for Scheduled Castes concluded that expenditure under SCSP on SC specific schemes is around 7%. All of us know how the figures are juggled and presented. After moving a step forward on this issue State of HP has been taking two steps backwards. Catalytic retrogression and dithering shall be a scourge to economic and social justice.
l In the SCSP for financial year 2022-23 allocation of State Government was 2400.12 crores and 851.45 were made Additional Central Development budget under SCDP. With progressive annual upsurge the SCSP could be a game changer. But the resources of SCSP are being side-tracked which is volte-face to educational, economic empowerment and social justice.
HP SC & ST Development Corporation
- Need for recasting schemes and strategy
l The Corporation has been constituted under the HP Scheduled Castes and Scheduled Tribes Development Corporation Act, 1979. Primary objective of this Corporation is the economic development of Scheduled Caste and Scheduled Tribe families through special schemes and programmes.
l The Corporation sponsors self employment programme based loan cases up to Rs. 50000 to the banks where one fourth of the project cost is provided by the Corporation as seed money deposit to the banks. The Corporation provides capital subsidy to the families living below the poverty line up to a maximum of Rs. 10000 and rest of the finance is provided by the banks. The Corporation also provides interest subsidy to its beneficiaries on bank loans so that the interest burden is reduced to 4% per annum up to the project cost of Rs 50000.
l The Corporation has launched HIMSWABLAMBAN Yojana (NSFDC/NSTFDC Schemes) from the year 1992-93. The National Scheduled Caste Finance and Development Corporation (NSFDC) and National Scheduled Tribe Finance and Development Corporation (NSTFDC) provide loan to H.P. SC & ST DC for further advancement to the SC & ST families. The loans to beneficiaries up to 50 lacs is provided on varied rates of interest. Up to 10% of the project cost is provided by the HP Corporation as margin money loan and rest of finance is made available by National Corporations. Whole loan is channelized through HP SC&ST DC without involvement of banks. The loans are provided against security in the shape of hypothecation/mortgage of assets/ properties.
l The HP SC&ST DC provides loans to Safai Karamchari families in collaboration with National Safai Karamchari Finance and Development Corporation. Loan up to 10 lacs are provided on varied rates of in interest. Up to 10% of the project cost is provided by the HP SC & ST DC as margin money loans and rest of the finance is made available by NSKFDC.
Study loan
l The HP SC&ST DC provides study loan up to Rs 20 lacs for pursuing post matric technical studies in collaboration with NSFDC and NSTFDC.
The issues
Ø The investment provided to poor people is deficient vis-à-vis, the project cost and the projects become unvialable because of the lack of finance. Alternatively, the poor people are advised or forced to undertake projects or schemes which are not viable. Very high and disproportionate security against small advances in the shape of hypothecation/mortgage of assets/properties and collaterals are obtained.
Ø Resultantly, out of 15,172 live accounts with the HP SC & DC, 12728 have become irregular or defaulting involving 2279.03 lac (principal amount 867.20 lacs, interest 1014.83 lac and 397 as penal interest).
Ø The overdues are being recovered from the poor defaulters / their legal heirs through coercive process of Arrears of Land Revenue
Annexure C/4
DRAFT HIMACHAL PRADESH SCHEDULED CASTE SUB PLAN (PLANNING, ALLOCATION AND UTILISATION OF FINANCIAL RESOURCES) BILL , 2020.
PREAMBLE
Poignantly aware that over the centuries of history the scheduled castes have been the victims of Indian caste system with untouchability and subjected to all round deprivation and disadvantages;
Aware of the fact that Constitution of India has, therefore, in its Preamble as well as a slew of Articles like Article 15(4),15(5),16(4),16(4A),16(4B), 17, 46, the Articles in Chapter XVI mandated the State, in all its limbs and through all its instrumentalities and agencies, to take all measures necessary for removing these deprivation and disadvantages, bring about social equality through various measures of social justice, which includes educational, economic and cultural justice and establish a regime of all round equality in the country;
Taking note of the fact that developmental outlays and inputs did not flow to the scheduled castes in due measure in the plans-quantitatively and qualitatively;
Recognizing that Government of India, therefore, conceived and initiated in 1978 the special component plan for scheduled castes as comprehensive Plan instruments in the Centre as well as the States and the State of Himachal has accepted them;
Noticing the fact that Special Component Plan, though have helped in bringing about certain improvements, have, over the time been reduced to largely mere arithmetical- statistical exercises, losing sight of the overarching Constitution level goals of economic liberation, educational parity, equality at all levels in all parameters and security and dignity, failing to take a holistic view of the needs and priorities of the scheduled castes;
Also noticing the fact consequently in all parameters of development and welfare there continues to exist a wide gap between the scheduled castes on one hand and socially advanced castes on the other;
Taking into account the fact that the Prime Minister and Chairman of Planning Commission laid down the target of removing these gaps within ten years in his address to the 51st meeting of the NDC on 27.06.2005;
And also taking into account the candid recognition in the Planning Commission's approach to the Xll five year plan that there has been deficiency both in the Centre and States in the implementation of the Special Component Plan and therefore, a new system must be devised for the XIl plan which can overcome the difficulties experienced in the past and ensure that the special component plans are formulated as per the Constitutional goals and implemented in letter and spirit;
Also keeping in view the outcome of consultation meeting held by Centre with States/UTs on 3.7.13,on the draft Schedule Caste Sub Plan Bill where the Committee felt that it is necessary to ensure the economic, educational and human development as well as security and social dignity of the scheduled castes, achieving equality with non scheduled caste population in a time bound manner; earmarking a portion of the total plan outlay of the State Government in proportion to the scheduled caste population for Scheduled Caste Sub Plan and putting in place an effective institutional mechanism for preparation, implementation and monitoring of the Sub Plan should be an essential component of our policy relating to the scheduled castes and also revised guidelines for implementation of Scheduled Caste Sub Plan issued by Planning Commission(NITI Ayog) in 2014 to the States/UTs;
Now therefore, this Bill proposes the legislative frame work for such a new system of which the basic feature is to set apart to the scheduled caste population at least equivalent proportion of total plan outlay (annual, five year and perspective) of this State as the outlay of Scheduled Caste Sub Plan before the total plan outlay is allocated Sector wise/Department wise and place these outlays of Scheduled Caste Sub Plan at the disposal of empowered authorities of this State to undertake planning and allocations for programmes and schemes relevant to scheduled castes;
Be it enacted by the HP Legislative Assembly in the year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short Title, Extent and Commencement:
(a) This Act may be called the Himachal Pradesh Scheduled Caste Sub Plan (Planning, Allocation and Utilisation of Financial Resources)Act, 2020.
(b) It extends to whole of the State of Himachal Pradesh.
© It shall come into force with immediate effect.
2. Definitions: In this Act, unless the context otherwise requires:-
(a) "The Department" means any Government Department concerned with implementation of the Plan schemes for welfare of scheduled castes;
(b) "Gaps in Development" means differences in development indicators of Scheduled Castes when compared to the State averages, as may be prescribed, particularly, relating to human and economic development;
(c) "General Schemes" means schemes included in the Annual Plan of the Departments which benefit all social groups, including scheduled castes;
(d) "Government" or "State Government" means the Government of Himachal Pradesh;
(e) "District Scheduled Caste Development Authority" means the authority set up under this Act in each district responsible for formulation, implementation and appraisal in the district in a transparent and socially auditable manner, of the schemes and programmes of Scheduled Caste Sub Plan as per norms, standard and targets set forth and sanctions and approvals accorded by the State Scheduled Caste Development Authority and for their monitoring, feed back & input to State Scheduled Caste Development Authority;
(f )"Nodal Department" means Department of Empowerment of scheduled castes of the State of HP;
(g) "Notification' means notification published in the Rajpatra of Himachal Pradesh.
(h) "Prescribed" means prescribed by the Government by Rules made under this Act;
(i)"Scheduled Caste" has the meaning as given in Articles 366 (24) of the Constitution of India and notified by the President of India under Article 341(1) and as amended by Article 341(2);
(j) "Crucial Balancing Investment" means the percentage of funds earmarked by the State Scheduled Caste Development Authority;
(k) "Scheduled Caste Sub Plan" means the process of funds allocation, identification and preparation of exclusive schemes, plan preparations by District Scheduled Caste Development Authority, the plan approval by State Scheduled Caste Development Authority for inclusion in the Annual Plan of the Government, to channelize not less than scheduled caste population equivalent proportion of the total plan outlay (annual, five year, perspective) of the State by setting it apart as the outlay to bridge the gap in development of scheduled castes in reasonable time and in order to fulfil the developmental objectives of scheduled castes, namely, their economic empowerment, educational parity at all levels, employability and employment generation, equality with socially advanced classes and castes in all parameters and security and social dignity;
(I) "Scheduled Caste Habitation" means any habitation where population of scheduled castes is not less than 40% of the total population of the habitation or 90 or more scheduled caste persons;
(m) "Exclusive Programme" means the programme directly benefitting the scheduled caste population which shall be included in Annual Plan with requisite allocation;
(n) "Special Schemes" means schemes which focus on the individual beneficiary schemes, family oriented cum income generation schemes for development of persons belonging to scheduled caste families and schemes for improving the physical and social infrastructure like special schools and hostels, coaching centres, working women hostels, libraries, community buildings, skill development centres, special health care centres, entrepreneurship development schemes, housing schemes, reduction in poverty and unemployment schemes, social security schemes and provision of physical and financial security against all types of exploitation and oppression;
(o) "State Scheduled Caste Development Authority" means the Authority set up under this Act responsible for formulating and approving the Scheduled Caste Sub Plan of the State on the basis of developmental needs and priorities of scheduled castes, its appraisal, monitoring, evaluation, review, revision and for taking corrective measures;
(p ) "Web Portal" means the portal to be developed for displaying the details of Scheduled Caste Sub Plan for public knowledge.
CHAPTER-II
Annual, five year and perspective Scheduled Caste Sub Plan- Formulation and Allocation of Resources.
3. There shall be annual, five year and perspective plans called the Scheduled Caste Sub Plans separate from and in addition to the general Annual plan and five year plan of the State for the accelerated overall development of scheduled castes and to fulfill the overarching goals of the development of scheduled castes as mentioned in section 4 of this Act.
4.(a) From out of the overall 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 Scheduled Caste Sub Plan shall be set apart in such manner as may be prescribed, in the ratio of not less than the population proportion of the scheduled castes to the total population of the State as per the latest decennial census and the same shall be entrusted to State Scheduled Caste Development Authority for formulation and implementation of Scheduled Caste Sub Plan.
Provided that the funds to be earmarked shall be determined at least six months prior to the commencement of the next financial year;
Provided further that the Scheduled Caste Sub Plan fund outlay shall be revised according to the State Annual Plan final outlay;
Provided also that the Scheduled Caste Sub Plan fund shall be accounted for in the manner hereinafter specified in this Act.
(b) On the authorization by State Scheduled Caste Development Authority the Nodal Department shall, for every financial year, communicate, in the manner prescribed, to the other Departments, district wise tentative plan outlay of Scheduled Caste Sub Plan as earmarked under sub section (a) for preparation of Department wise plan by the District Scheduled Caste Development Authorities.
(c) The planning and allocation for programmes and schemes to scheduled castes shall be in accordance with the needs and priorities of scheduled castes in keeping with the overarching goals of economic empowerment, educational advancement, equality with non scheduled castes and other social classes, security and dignity. Also that the Sub Plan shall include only such schemes and programmes those secure direct, substantial and quantifiable benefits to the scheduled caste individuals or the scheduled caste families and households, or the scheduled caste habitations, or scheduled caste groups and institutions or society and that have the potential to bridge that gaps in development, following the norms laid down in this Act and the Rules made there under.
2. There shall be exclusive programmes and special schemes for the scheduled castes under Scheduled Caste Sub Plan and the funds so allocated under Section 4 shall be spent only on such programmes and schemes in such manner as may be prescribed.
6. The budgetary allocations made under the Scheduled Caste Sub Plan shall not be diverted to other heads or for any other purposes or allowed to lapse.
7.(a) No part of the cost of infrastructural schemes open to all social classes be attributed and computed under the Scheduled Caste Sub Plan by assuming that certain proportion of users of such infrastructure are or are likely to be scheduled castes.
(b) No part of cost of any Institution open to social classes shall be attributed or computed under Scheduled Caste Sub Plan on the ground that certain proportion of the seats are reserved for scheduled castes or certain proportion of the beneficiaries are or are likely to be scheduled castes.
8. In allocating funds by the State Scheduled Caste Development Authority due care and special attention shall be in achieving equality amongst different districts and different regions or areas within the districts or different social groups among scheduled castes with particular concern for poorest and vulnerable among scheduled castes.
9. Any measure of economy resulting in the reduction in plan size of the State shall not be applied to the Scheduled Caste Sub Plan.
10.The District Scheduled Caste Authority or as the case may be, State Scheduled Caste Development Authority, may earmark up to a maximum of ten percent of funds of total Scheduled Caste Sub Plan for "Crucial Balancing Investment" for completion of any Scheme to accelerate and maximize benefits for scheduled castes.
11.(a) The Heads of offices of Departments in the Districts of State shall submit Scheduled Caste Sub Plan proposals to District Scheduled Caste Development Authorities by 31st October every year in the prescribed format.
(b) The District Scheduled Caste Development Authorities shall consider the plan proposals mentioned in sub section (a), finalise them with or without amendment and recommend the same to State Scheduled Caste Development Authority by 15th December every year in the prescribed format;
Provided that where amendment is made into the proposals of the Departments the District Scheduled Caste Development Authority shall record reasons for It.
(c) The State Scheduled Caste Development Authority shall consider and approve the Scheduled Caste Sub Plan proposals of District Scheduled Caste Development Authority and place the same before the Government with or without amendment in the manner and format prescribed, by 31st January (next of December), every year in consolidated form providing Department wise allocation; Provided that where amendment is incorporated in the proposals of District Scheduled Caste Development Authority, the State Scheduled Caste Development Authority shall record reasons for the same.
(d) The Government shall present separate Annual budget and Performance budget for Scheduled Caste Sub Plan.
12. Notwithstanding anything provided or contained under any other law or scheme, the scheduled castes will also be covered under general budget and schemes and benefits to them under such budget and scheme cannot be denied on the ground that there is Scheduled Caste Sub Plan.
CHAPTER-III
Institutional Arrangement
13 (1) As soon as may be after the commencement of this Act, the Government shall by notification constitute District Scheduled Caste Development Authority in each district to exercise the powers conferred and to perform the functions assigned to it under the Act and the Rules made there under.
(2) The District Scheduled Caste Development Authority shall consist of the following:-
(a) Chairperson (b) Vice Chairperson
(c) A public servant retired from senior position ….Member
(d) An eminent economist having fairly long experience in the relevant field....Member
(e) A civil engineer with fairly long experience….Member
(f) An eminent social scientist working in the relevant field….Member
(g) An eminent social worker or representative of NGO working for scheduled castes….Member.
Provided that the Chairperson shall be an eminent scheduled caste person having long experience of working among and for the scheduled castes.
Provided further that three out of vice Chairperson and members shall be scheduled castes and one shall be woman.
(3) The District Scheduled Caste Development Authority shall be full time Institution. No post shall remain vacant for more than two months.
(4) The age, other qualifications, term of office, service conditions, honoraria for Chairperson, Vice Chairperson and Members shall be such as may be prescribed.
(5)A Himachal Pradesh Administrative Service Officer, exclusively, shall be Secretary of the District Scheduled Caste Development Authority.
(6) The Nodal Department shall at all levels render Institutional support to the District Scheduled Caste Development Authority.
(7) There shall be dedicated Scheduled Caste Sub Plan support unit consisting of professionals, technical personnel and general office staff, as may be determined by Government from time to time for aid and advice of District Scheduled Caste Development Authority and they shall be accountable to District Scheduled Caste Development Authority.
(8) The District Scheduled Caste Development Authority shall meet at least once in a month.
(9) The Rules of Business for District Scheduled Caste Development Authority shall be notified by the Government.
14. The District Scheduled Caste Development Authority shall have following powers and responsibilities:-
(1) Shall formulate District Scheduled Caste Sub-Plan in accordance with the financial allocations and physical targets given by State Scheduled Caste Development Authority and the Government.
Provided that where schemes relate to more than one districts, those will be formulated by State Scheduled Caste Development Authority.
(2) Review and monitor regularly the implementation of Scheduled Caste Sub Plan in the district and take corrective measures.
(3) Give monthly and other periodical reports, returns and other inputs to the State Scheduled Caste Development Authority and the Government.
(4) Take monthly and other periodical reports from the Departments through Nodal Department.
(5) Issue advise and directions to the Departments through Nodal Department regarding Scheduled Caste Sub Plan.
15(i). The Chairperson of the District Scheduled Caste Development Authority shall be its Chief Executive Officer.
(ii) The Chairperson, and in his absence, the Vice Chairperson, shall preside over the meetings of the District Scheduled Caste Development Authority.
(iii) The officer of the Nodal Department shall attend the meetings of the District Scheduled Caste Development Authority.
(iv) The District Scheduled Caste Development Authority may invite officers of the other Departments of the State in the district or any expert as special invitees to attend the meetings.
16 (1) There shall be the State Scheduled Caste Development Authority consisting of the following:-
(a) Chief Minister Ex-officio Chairperson.
(b) Minister Incharge of Nodal Department...Ex-officio Vice Chairperson
(c)Deputy Chairperson(d)Six other members
Provided that the Deputy Chairperson and at least three other members shall be scheduled castes.
Provided further that out of the six other members two shall be women and one out of the two shall be scheduled caste.
(3) The State Scheduled Caste Development Authority shall be full time Institution. No post shall remain vacant for more than three months.
(3) Deputy Chairperson and other six members shall be selected by a Selection Committee constituted under this Act.
(4) The age, other qualifications, term of office, service conditions and honoraria for Deputy Chairpersons and members shall be such as may be prescribed.
(5) An IAS officer having at least nine years service length in the cadre shall be exclusive Secretary of the State Scheduled Caste Development Authority.
(6) There shall be dedicated Scheduled Caste Sub Plan support unit consisting of professionals, experts, officers and staff, as may be notified by the Government from time to time, for aid and advice of the State Scheduled Caste Development Authority and they shall be accountable to the State Scheduled Caste Development Authority.
(7) There shall be institutional support of Nodal Ministry and Department at all levels to the State Scheduled Caste Development Authority.
(8) The State Scheduled Caste Development Authority shall meet at least once in a month.
(9) The State Scheduled Caste Development Authority shall frame its own Rules of Business for carrying out the purposes of the Act and Rules made there under.
17. The Deputy Chairperson and Members of the State Scheduled Caste Development Authority shall be selected by a Selection Committee consisting of the following:-
(i) Ex-Officio Members:-
(a) Chief Minister Chairperson
(b) Minister in Charge of Nodal Department. Member
(c) Leader of Opposition. Member.
(d) Chairperson of State Scheduled Caste Commission (If there is no such Chairperson, Chairperson of State Human Rights Commission). Member.
(ii)Members to be nominated by Governor:-
(a) A retired Judge of High Court who belongs to State
(b) Three eminent Scheduled Caste persons working for the Scheduled Castes of the State. Members.
18. The Deputy Chairperson and six members shall be selected from the following categories:-
(a) Retired public servants belonging to State of Himachal Pradesh.
(b) Economists with expertise on development/welfare economics and other areas relevant to scheduled castes.
(c) Social scientists with expertise in area relevant to welfare of scheduled castes.
(d)Any other professionals, academicians or educationists with expertise in areas relevant to scheduled castes.
(e)Renowned social activists working for scheduled castes of the State.
19. (i) Deputy Chairperson shall be Chief Executive and shall be responsible for actual functioning, activities and day to day work of the State Scheduled Caste Development Authority.
(ii) The Chief Minister as Chairperson will preside over the crucial meetings of the State Scheduled Caste Development Authority and the Deputy Chairperson shall preside over all other meetings.
(iii) The minister in charge of Nodal Department as Vice Chairperson will also attend crucial meetings of the State Scheduled Caste Development Authority. He will help to maintain the link between the State Scheduled Caste Development Authority and the Government.
20. The State Scheduled Caste Development Authority shall have following powers and functions:-
(i) Shall be responsible for formulating and approving the State Annual, five years and perspective plans on the basis of developmental needs of scheduled castes, their priorities, for abridging the gaps in development and for social security and equality at all areas & levels. For this purpose it shall compile the Scheduled Caste Sub Plans formulated by District Scheduled Caste Development Authorities, approve them and consolidate and amalgamate with that of the State Scheduled Caste Development Authority.
(ii) Shall, after approving the Sub Plans as referred to in sub section (i), submit the same to Government in the time frame, format and manner as may be prescribed;
(iii) Shall have the power to give direction to District Scheduled Caste Development Authority, implementing Departments and Agencies with regard to formulation of Scheduled Caste Sub Plan, its implementation, for seeking periodical reports and returns and other inputs. Such directions shall be binding on District Scheduled Caste Development Authority, Departments and Agencies.
iv) May re-appropriate funds from one sub head to another or from one district to another, wherever necessary.
(v) Advise the Government on all policy matters relating to Scheduled Caste Sub Plan and budgetary measures for proper planning and implementation of the programmes and schemes by the Departments and Agencies.
(vi) Review and monitor the implementation of Scheduled Caste Sub Plan and take corrective measures as may be expedient.
(vii) Give monthly, periodical reports, returns and other inputs to Government. Prepare annual report by May every year, on the outcome of implementation of Scheduled Caste Sub Plan containing department wise achievements and the short falls and on the unutilized funds during the financial year under report and the reasons therefor.
(viii) Make mid term evaluation and appraisal of Scheduled Caste Sub Plan for ensuring conformity with the provisions of this Act.
(ix) Identify impediments and suggest measures for overcoming such impediments.
(x) Perform such other functions as may be prescribed.
21.(a) The Department for empowerment of Scheduled Castes shall be Nodal Department for assisting the State Scheduled Caste Development Authority/District Scheduled Caste Development Authority to perform their functions and exercise powers.
(b) The District Scheduled Caste Development Authority shall constitute Scheduled Caste Development Committees at Panchayats and Tehsil level for identification of local issues, selection of suitable schemes and for participating in the implementation process of Scheduled Caste Sub Plan.
CHAPTER-IV
Budgetary Provision and Distribution.
22. The annual Scheduled Caste Sub Plan approved by State Scheduled Caste Development Authority shall be included in the Demands or Grants of the Department under relevant head of account for the Scheduled Caste Sub Plan.
23. There shall be an exclusive cell in the Finance Department for performing the functions relating to Budget implementation and allocation according to provisions of this Act within overall discipline of the ways and means position as determined by Government.
24. Budget release orders shall be issued to each department for the amount provided in the Budget Estimates for Scheduled Caste Sub Plan immediately after passing of the budget by the State Legislature.
CHAPTER-V
Transparency, Accountability and Penalties
25 (i) The Nodal Department shall maintain transparency in expenditure, maintain scheme wise, district wise, village wise and beneficiary wise details as may be prescribed; set up a web portal for tracking the progress of implementation, expenditure, output and outcome indicators as may be prescribed for Scheduled Caste Sub Plan.
(ii) The Nodal Department shall facilitate at least six monthly social auditing of the implementation of Scheduled Caste Sub Plan and facilitate analysis of improvement in human development index against the projections for the State and the Departments.
26. The Chief Executive Officers of the District Scheduled Caste Development Authorities and of the State Scheduled Caste Development Authority shall have the power to require the presence of any person or officer and obtain information or documents from them wherever necessary in the process of implementation of provisions of this Act. They shall have the powers of civil court in respect of the following matters:-
(a) Summoning and ensuring the presence of any person or officer and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavit;
(d) Requisitioning any public record or copy thereof from any court or office.
27. The State Scheduled Caste Development Authority shall formulate and decide on the functional facilities by it as well as by the District Scheduled Caste Development Authorities to facilitate their smooth and autonomous functioning. The Government shall provide funds in the budget for acquiring facilities as formulated and decided by the State Scheduled Caste Development Authority.
28. Where any person, functionary or official being a public servant willfully neglects his duties required to be performed by him under this Act shall be punished with minimum imprisonment for a period of one year which may extend upto three years or with minimum fine of one lac or with both.
29. Offences under Section 28 will be cognizable.
30. The Government shall place before the State Legislature an annual report prepared by State Scheduled Caste Development Authority under Section 20 (vii).
CHAPTER-VI
Power to make Rules
31(1) Subject to other provisions of this Act, the Government may, by notification after previous publication, make Rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide all or any of the following matters, namely:-
(a) Determination of gaps in development of Scheduled Caste under Section 2(b).
(b) Maintenance of a web portal by nodal Department.
(c) Institutional strengthening of State, District and Tehsil level Authorities for effective implementation, awareness, mass contact programme, social audit and monitoring of Scheduled Caste Sub Plan.
(d) Procedure for ensuring transparency and accountability in implementation of Schedule Caste Sub Plan.
(e) Procedure for formulation of Schedule Caste Sub Plan and allocation of funds.
(f) Preparation of exclusive programmes and special schemes for scheduled castes and manner of spending of allotted funds under Section 5.
(3) Every Rule made under this Act shall be laid, as soon as may be after it is made, before State Legislature while it is in Session.
32 (1) If any difficulty arises in giving effect to the provisions of this Act the Government may, after obtaining the advice of State Scheduled Caste Development Authority, by order published in the official Gazette, make such provisions consistent with the provisions of this Act, as appear to it necessary or expedient to remove the difficulty;
Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this Section shall be laid, as soon as it is made, before the State Legislature.
FINAL ON DEVELOPMENT PROGRAMMES
· Let us explore our priorities
· Build up model-recasting sectoral allocations
· Suggest special schemes and exclusive programmes
· Justify legislative base and its necessity
· How should we proceed to get things done?
Jagat Ram
This is first article based on in depth study. Our thanks to the writer who has mustered time and resources to bring out the real situation. Such deprivation of deprived class is economic atrocity. Subsequent Governments have been finding ways and means to to circumvent the protective provisions of the Constitution and the cherished goal of liberty, equality and fraternity remains a distant dream. It is time to awake.