Académique Documents
Professionnel Documents
Culture Documents
Development Training
Authorities Bill, 2011
Ministry of Rural Development
Government of India
Draft National Rural Development Training Authorities Bill, 2011
Contents
CHAPTER I ....................................................................................................... 4
PRELIMINARY .................................................................................................. 4
1. Short title, extent and commencement:- ........................................................ 4
2. Definitions :- ............................................................................................... 4
CHAPTER II ...................................................................................................... 5
CENTRAL TRAINING AUTHORITY ..................................................................... 5
3. Constitution, etc. of Central Training Authority: .............................................. 5
4. Officers and Staff of Central Authority:- ......................................................... 6
5. Functions and duties of Authority :-............................................................... 7
6. Central Authority to work in co-ordination with other agencies:- ....................... 9
CHAPTER III ..................................................................................................... 9
STATE TRAINING AUTHORITY ......................................................................... 9
7. Constitution of State Training Authority :- ...................................................... 9
8. Officers and Staff of State Training Authority :- ............................................ 10
9. Functions of the State Authority :-............................................................... 11
10. State Authority to act in co-ordination with other agencies, etc., and be subject
to directions given by the Central Authority:-.............................................. 11
11. District Training Authority :- ...................................................................... 11
12. Functions of the District Authority :- .......................................................... 12
13. District Authority to act in co-ordination with other agencies and be subject to
directions given by the Central Authority, etc.:- .......................................... 12
14. Block Training Committee:- ...................................................................... 12
15. Functions of the Block Training Committee:-.............................................. 13
16. Power to require statistics and returns :-.................................................... 13
17. Direction by Central Government to Authorities :- ....................................... 13
CHAPTER IV ................................................................................................... 13
FINANCE, ACCOUNTS AND AUDIT ................................................................. 13
18. Grants by the Central Government:- ......................................................... 13
19. National Training Fund:- .......................................................................... 13
20. National Training Fund shall be applied for meeting:- ................................. 14
21. State Training Fund:-............................................................................... 14
22. State Training Fund shall be applied for meeting:-...................................... 14
23. District Training Fund:- ............................................................................ 14
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Draft National Rural Development Training Authorities Bill, 2011
An Act to constitute Rural Development Training Authorities to impart training to ensure that
the programmes of rural development are implemented in a manner which promotes
innovations, equity, transparency and public accountability in rural governance and in
accordance with the instructions of the Central and State Governments and for matters
connected therewith or incidental thereto.
Be it enacted by the Parliament in the 61st year of the Republic of India as follows :
CHAPTER I
PRELIMINARY
(3) It shall come into force on such date as the Central Government may, by
notification, appoint, and different dates may be appointed for different
provisions of this Act and for different States, and any reference to
commencement in any provision of this Act in relation to any State shall be
construed as a reference to the commencement of that provision in that
State.
2. Definitions :-
CHAPTER II
CENTRAL TRAINING AUTHORITY
Constitution and functions of Authority
(1) There shall be a body to be called the Central Training Authority to exercise
such powers and perform such duties as are assigned to it under this Act.
(2) The National Institute of Rural Development established at Hyderabad by the
Ministry of Rural Development shall be the Central Training Authority for the
purposes of this Act and the Director General, Deputy Director General,
Registrar and other officers and employees thereof shall be deemed to have
been appointed under this Act and they shall continue to hold office on the
same terms and conditions on which they were appointed by the Central
Government or the National Institute of Rural Development, as the case may
be.
(3) The Central Training Authority shall be a body corporate by the name
aforesaid, having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to
contract and shall, by the said name, sue or be sued.
(4) The Authority shall consist of a Chairperson, two Vice Chairpersons and the
following members to be appointed by the Central Government, namely :-
(a) not more than such number of representatives of the Central
Ministries including the Planning Commission not below the rank of
Joint Secretary as may be determined by the Central Government;
(b) not more than such number of representatives of the State
Governments as may be determined by the Central Government;
(c) not more than such number of persons of as may be determined by
the Central Government who have knowledge of, and adequate
experience and capacity in, dealing with problems relating to
engineering, finance, economics, rural development, social audit,
grievance redressal, social mobilization, agriculture, animal
husbandry, fisheries, forests, watershed, environment, industries,
information and communication technology, project management,
monitoring and evaluation.
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(d) Seven members of the Union, State and Union Territory Legislatures;
two from Lok Sabha, one from Rajya Sabha, four from State and
Union Territories.
(e) Chairman of the University Grants Commission,
(f) Three Vice-Chancellors of Universities, including that of Indira Gandhi
National Open University (IGNOU), New Delhi
(g) Three academic staff members and one non-academic staff of the
Authority
(h) The Director General appointed by the Central Authority.
(i) a Member-Secretary not below the rank of Joint Secretary to the
Government of India;
(5) The Headquarters of the Central Authority shall be at Hyderabad.
(6) The Minister of Rural Development in Government of India shall be the ex-
officio Chairperson of the Authority, Minister of State in the Ministry of Rural
Development in Government of India and the Secretary in the Department of
Rural Development in Government of India shall be the ex-officio Vice-
Chairpersons of the Authority.
(7) The Authority shall meet at the headquarters or any other place at such time
as the Chairperson may direct, and shall observe such rules of procedure in
regard to the transaction of business at its meetings (including the quorum at
its meetings) as it may specify.
(8) The Chairperson, or if he is unable to attend a meeting of the Authority, one
of the Vice-Chairpersons nominated by the Chairperson in this behalf and in
the absence of such nominations or where there is no Chairperson or Vice-
Chairperson, any Member chosen by the Members present from among
themselves shall preside at the meeting.
(9) No act or proceeding of the Authority shall be questioned or shall be
invalidated merely on the ground of existence or any vacancy in or any defect
in, the constitution of, the Authority.
(10) The Members shall receive such allowances and fees for attending the
meetings of the Authority, as the Central Government may prescribe.
(1) The Central Authority may appoint a Director General and such other officers,
academic staff or faculty members and employees as it considers necessary
for the performance of its functions under this act and on such terms as to
salary, remuneration, fee, allowance, pension, leave and gratuity, as the
Authority may in consultation with the Central Government, fix.
Provided that the appointment of the Director General shall be subject to the
approval of the Central Government.
(2) All order and decisions of the Central Authority shall be authenticated by the
Director General or any other officer of the Authority duly authorised by the
Chairperson in this behalf.
(3) The Faculty Members of the Central Authority shall be appointed from
amongst persons of ability, integrity and standing, who have knowledge of,
and adequate experience and capacity in dealing with problems relating to
the following areas, namely,
(a) Engineering with specialization in design, construction, operation and
maintenance of buildings, roads, dams and canals and other civil
engineering structures.
(b) Engineering with specialization in information and communication
technology.
(c) Finance,
(d) Economics
(e) Rural Development
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(2) Create forums, through mediums such as seminars and workshops, for
knowledge creation and dissemination in the field of rural development.
(3) Conduct policy and field based research in areas of relevance for poverty and
rural development and in particular in areas given below:-
(5) Design and conduct training programmes for fresh and in service personnel of
the government and other institutions in the field of rural development and
rural livelihoods. This will include codifying knowledge through preparation of
case studies based on best practices, developing related multimedia training
material packages, and developing appropriate pedagogy for training courses.
In addition conduct training programmes for various levels of managers in
rural development programmes.
(7) Create a network of training institutions who can participate in upgrading their
Training programmes and provide them technical assistance for their training
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programmes.
(8) Award fellowships for visiting fellows from practitioners and researchers from
India and abroad.
(12) To undertake, aid, promote and coordinate training, research and action
research through its own or other agencies including non-governmental
organizations, universities and other academic institutions and training
centres including those established by or with the aid of the Government of
India.
(14) To collect, compile and publish technical and statistical data on rural
development and the measures devised for effective implementation of rural
development programmes, and prepare manuals, codes or guides relating to
implementation of rural development programmes and disseminate
information connected therewith.
(17) To engage academic and non-academic staff and other persons for the
proper management of the Authority and exercise control and
superintendence over them for effective discharge of their functions.
(19) To conduct study tours in other countries to examine the structure, function,
principles and practices of their development institutions in government,
academia, or NGO sectors and prepare and disseminate reports on
international best practices in rural development.
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(20) review the guidelines provided by or under the Constitution or any law
for the time being in force for the proper implementation of rural
development programmes and recommend measures for their
effective implementation;
(21) Analyse the need for faculty development in various State and
Districts and undertake suitable measures for the growth of the
faculty;
(22) spread programme literacy among various sections of society through
publications, media, seminar and other available means;
(23) Co-ordinate and monitor the functioning of the State Authorities, District
Authorities, Block Training Committees and give general directions for the
proper implementation of rural development programmes.
(24) Identify at the National level the best performing Gram Panchayats, Blocks,
Districts and States in regard to the implementation of rural development
programmes and present certificate of awards to them every year
(1) In the discharge of its functions under this Act, the Central Authority shall, wherever
appropriate, act in co-ordination with other governmental and non-governmental
agencies, universities and others engaged, directly or indirectly, in the planning and
implementation of welfare and development programmes.
(2) In particular and without prejudice to the generality of the foregoing function, the
Central Authority may enter into contract with Indira Gandhi Open National
University, New Delhi to impart training at such terms and conditions that may be
mutually determined by the Central Authority and Indira Gandhi Open National
University, New Delhi.
CHAPTER III
STATE TRAINING AUTHORITY
Constitution, powers and functions of State Training Authority
(1) Every State Government shall, within six months of the appointed date, by
notification, constitute, for the purposes of this Act, an Authority for the State
to be known as the (name of the State) Training Authority.
Provided that the State Institute of Rural Development, established by a State
Government and functioning as such shall be the State Training Authority for
the purposes of this Act and the Chairperson, Members, Director and officers
and other employees thereof by whatever name called shall continue to hold
office, on the same terms and conditions on which they were appointed.
(2) The State Authority shall consist of the Chief Secretary as the Chairperson,
Secretary of the State Department dealing with Rural Development and
Panchayati Raj as the Vice-Chairperson and the following members to be
appointed by the State Government, namely :-
(a) not more than such number of representatives of the State Ministries
not below the rank of Secretary to the State Government as may be
determined by the State Government;
(b) not more than such number of persons as may be determined by the
Central Government who have knowledge of, and adequate
experience and capacity in, dealing with problems relating to
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(4) The headquarters of the State Authority shall be at such places the State
Government may, by notification, specify.
(10) The Members shall receive such allowances and fees for attending the
meetings of the Authority, as the State Government may prescribe.
(1) The State Authority may appoint a Director General and such other officers,
academic staff or faculty members and employees as it considers necessary
for the performance of its functions under this Act and on such terms as to
salary, remuneration, fee, allowance, pension, leave and gratuity, as the
Authority may in consultation with the State Government, fix.
(2) The faculty members of the Authority shall be appointed from amongst
persons of ability, integrity and standing, who have knowledge of, and
adequate experience and capacity in dealing with problems relating to the
following areas, namely,
(a) Engineering with specialization in design, construction, operation and
maintenance of buildings, roads, dams and canals and other civil
engineering structures.
(b) Engineering with specialization in information and communication
technology.
(c) Finance,
(d) Economics
(e) Rural Development
(f) Social Audit
(g) Grievance Redressal
(h) Social Mobilization
(i) Right to Information
(j) Agriculture
(k) Animal Husbandry
(l) Fisheries
(m) Forests
(n) Watershed
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(o) Environment
(p) Industries
(q) Project Management
(r) Monitoring and Evaluation
(s) Any other area to be specified by the State Government
(1) It shall be duty of the State Authority to give effect to the policy and directions
of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub section
(1), the State Training Authority shall perform all or any of the following
functions: -
(a) Impart training to the persons in accordance with the provisions of this
Act
(b) Undertake analysis of grievance prone areas in the implementation of
government programmes, investigate or cause an investigation into
their reasons and suggest remedial mechanisms for prevention of
grievances.
(c) Identify at the State level the best performing Gram Panchayats,
Blocks and Districts in regard to the implementation of rural
development programmes and present certificate of awards to them
every year.
10. State Authority to act in co-ordination with other agencies, etc., and be subject to
directions given by the Central Authority:-
In the discharge of its functions under this Act, the State Authority shall, wherever
appropriate, act in co-ordination with other governmental and non-governmental
agencies, universities and others engaged in the planning and implementation of
welfare and development programmes and shall also be guided by such directions
as the Central Authority may give to it in writing.
(1) There shall be District Training Authority in every District to exercise such
functions and perform such duties as are assigned to it under this Act.
(2) A District Authority shall consist of :
(a) The District Collector who shall be its Chairperson;
(b) Heads of offices of Line Department in the District
(c) Tahsildars
(d) Block Development Officers
(e) Such number of other members, possessing such experience and
qualification, as may be prescribed by the State Authority, to be
nominated by the District Authority in consultation with the State
Authority.
(3) The District Authority may appoint a District Training Coordinator and such
number of officers and other employees as may be prescribed by the State
Government in consultation with the Central Government for the efficient
discharge of its functions.
(4) The officers and other employees of the District Authority shall be entitled to
such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with
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(1) It shall be the duty of every District Authority to perform such of the functions
of the State Authority in the District as may be delegated to it from time to
time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section
(1), the District Authority may perform all or any of the following functions,
namely :-
(a) Organize training programmes within the district
(b) Undertake analysis of grievance prone areas in the implementation of
government programmes, investigate or cause an investigation into
their reasons and suggest remedial mechanisms for prevention of
grievances.
(b) Identify at the District level the best performing Gram Panchayats and
Blocks in regard to the implementation of rural development
programmes and present certificate of awards to them every year
(c) Perform such other functions as the State Authority may determine.
13. District Authority to act in co-ordination with other agencies and be subject to
directions given by the Central Authority, etc.:-
In the discharge of its functions under this Act, the District Authority shall, wherever
appropriate, act in co-ordination with other governmental and non-governmental
institutions, universities and others engaged in the work of promoting rural
development, poverty alleviation, income and employment generation and shall also
be guided by such directions, as the Central Authority and the State Authority may
give to it in writing.
(1) The State Authority may constitute a Committee to be called the Block
Training Committee for each Block or Mandal or for groups of Blocks or
Mandals.
(2) The Committee shall consist of :-
(a) The senior most Block Development Officer operating within the
jurisdiction of the Committee who shall be ex-officio chairman; and
(b) Such number of other members, possessing such experience and
qualification, as may be prescribed by the District Authority, to be
nominated by the District Authority in consultation with the State
authority.
(3) The Committee may appoint a Block Training Coordinator and such number
of officers and other employees as may be prescribed by the State
Government in consultation with the Central Government for the efficient
discharge of its functions.
(4) All orders and decisions of the Block Training Committee shall be
authenticated by the Block Training Coordinator or by any other officer of the
Block Training Committee duly authorised by the Chairman of the Block
Training Committee.
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(5) The officers and other employees of the Committee shall be entitled to such
salary an allowances and shall be subject to such other conditions of service
as may be prescribed by the State Government in consultation with the
Central Government.
(6) The administrative expenses of the Committee shall be defrayed out of the
District Training Fund by the District Authority.
The Block Committee may perform all or any of the following functions, namely :-
(a) Co-ordinate the activities of training in the Block
(b) Organise grievance settlement camps within the Block
(c) Conduct action research on implementation of various programmes
(d) Identify at the Block level the best performing Gram Panchayats in
regard to the implementation of rural development programmes and
present certificate of awards to them every year
(e) Perform such other functions as the District Authority may assign to it.
It shall be the duty of every officer of Central and State Government to furnish to the
Central, State and District Authorities such statistics, returns or other information
relating to planning and implementation of different programmes or schemes of rural
development or the subjects specified in the Eleventh Schedule of the Constitution
as they may require at such times and in such form and manner as may be
specified by the Authorities .
In the discharge of their functions, the Central, State and District Authorities shall be
guided by such directions as the Central Government may give to them in writing.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
The Central Government shall, after due appropriation made by Parliament by law in
this behalf, pay to the Central Training Authority, by way of grants, such portion of
the annual budget outlay on rural development programmes as the Central
Government may think fit for being utilised for the purpose of this Act.
The Central Authority shall establish a fund to be called the National Training Fund
and there shall be credited thereto:-
(a) All sums of money given as grants by the Central Governments under
Section 18.
(b) Any grants or donations that may be made to the Central Training
Authority by any other person for the purposes of this Act.
(c) Any amount received by the Central Training Authority under the
orders of any court or from any other sources.
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(a) The cost of training provided under this Act including grants made to
State Authorities.
(b) Any other expenses which are required to be met by the Central
Training Authority.
State Training Authority shall establish a fund to be called the State Training Fund
and there shall be credited thereto:-
(a) All sums of money paid to it or any grants made by the Central
Training Authority or the State Government for the purposes of this
Act.
(b) Any grants or donations that may be made to the State Training
Authority by any other person for the purposes of this Act.
(c) Any amount received by the State Training Authority under the orders
of any court or from any other sources.
Every District Training Authority shall establish a fund to be called the District
Training Fund and there shall be credited thereto:-
(a) All sums of money paid to it or any grants made by Central or the
State Training Authority to the District Training Authority for the
purposes of this Act.
(b) Any grants or donations that may be made to the District Training
Authority by any other person with the prior approval of the State
Training Authority, for the purposes of this Act.
(c) Any amount received by the District Training Authority under the
orders of any court or from any other sources.
(1) The Central Government shall meet the cost of the following :
(a) Expenses of Central Training Authority
(b) Salaries and allowances of the such faculty members of the State
Training Authority as may be determined by the Central Government
(c) Cost of infrastructure development including construction of building
for class rooms, hostels, library, film studio, conference halls,
auditorium, grievance settlement, administration, and equipment such
as computers, faxes, printers, electronic boards, reprographic
machines, film production equipment, video-conferencing, training
software including e-learning materials, satellite communication,
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CHAPTER V
TRAINING PROGRAMMES
(1) The Central Training Authority or every State Training Authority or District
Authority or the Block Training Committee may organize training programmes
at such intervals and places and for such areas as it thinks fit.
(2) The training programmes referred to in sub section (1) shall be based on an
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analysis of training needs and the annual training plan drawn by the Central
Training Authority, State Training Authority, District Training Authority or the
Block Training Committee .
(3) The Training Plan should contain the following particulars, namely,
(a) Description of the training module
(b) Name of Faculty member responsible for conducting the training
programme along with the names of Eminent Guest Speakers and
Master Trainers, if any
(c) Month of the training programme
(d) Duration of the training programme
(e) Number of trainees to be trained
(f) Category of trainees to be trained
(g) Arrangements for boarding, lodging and travel of the trainees,
organizers, speakers, master trainers and others, wherever necessary
(h) Venue of the training programme
(i) List of training materials and aids including brochures, handouts,
films, case studies, books, etc. to be used for training
(j) Budget estimate of the training programme according to the rates
prescribed by the Central Government.
(4) The training plan made by the Block Training Committee should be
consolidated and sent to the State Training Authority by the District Training
Authority for consolidation at the State level by end of November every year.
(5) The State Training Authority should submit the consolidated State Training
Plan to the Central Training Authority by end of December every year.
(6) The training plan shall be drawn up and implemented in a manner to ensure
training of the government functionaries at the State, District, Block and
Village level, elected Panchayati Raj representatives and others at least once
every year.
(8) The training plan may be reviewed from time to time during the year by the
respective Training Authorities in the light of events unfolding during the year.
(1) State Training Authority or the District Training Authority may identify persons
with special knowledge or experience in planning or implementation of rural
development programmes as master trainers for conduct of training
programmes from time to time.
Provided that persons so identified as master trainers shall be imparted
appropriate training skills through conduct of Training of Trainers
Programmes by the State Training Authority or the District Training Authority.
Provided also that only persons successfully completing Training of Trainers
Programme may be empanelled as master trainers for training of the persons
identified for training.
(2) The master trainers and the guest speakers shall be paid such fees and
allowances as may be prescribed by the Central Government.
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(1) The State and District Training Authorities shall develop training materials in
textual or electronic form containing the instructions issued by the Central or
State Government in relation to the rural development and other allied
programmes relevant for the rural community from time to time.
(2) The State Training Authority or the District Training Authorities shall design
and develop e-learning modules on important aspects of rural development
and other allied programmes and make them available for training using the
latest information and communication technology applications and devices.
(3) The training materials developed in electronic form in section (1) shall be
placed on the website of the Central and State Training Authorities and will
constitute the digital library for free access by all.
(4) Different types of training materials shall be used during training to enable
use of a variety of pedagogical tools like computer based training, games,
simulation, group discussions, role play, syndicate exercise, field training,
case studies, exposure visits, assignments, term papers, class room lectures,
particularly those by experts and practitioners, and other similar tools.
(1) Such trainees who successfully complete training courses shall be granted
certificate by the State Training Authority or the District Training Authority as
the case may be.
(2) The Central or State Government may stipulate that every important officer,
functionary or elected panchayati raj representative or any person involved in
planning and implementation of rural development programmes shall acquire
suitable training certificate within a reasonable period of time.
The Central, State and District Authorities shall make arrangements for independent
evaluation of the impact of training programmes on improving the implementation of
rural development and other allied programmes every year.
CHAPTER VI
33. Powers and functions of the Authorities relating to complaints and grievances:-
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(1) The Central, State and District Authorities shall conduct investigation into
complaints and grievances with regard to the implementation of rural
development programmes that are referred to them by the Central or State
Governments, and may give suitable recommendations to the Central or
State Government for the settlement of complaints and grievances.
(2) The Authorities shall analyse the grievance prone areas, recommend
remedial measures to the Central and State Government and design and
conduct training programmes in a manner which prevents formation of
grievances.
(1) The Authorities shall, while inquiring into complaints under this Act, have all
the powers of a civil court trying a suit under the Code of Civil Procedure,
1908, and in particular in respect of the following matters, namely :
(a) summoning and enforcing the attendance of witnesses and examine
them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing orders for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
(2) The Authorities shall have power to require any person, subject to any
privilege which may be claimed by that person under any law for the time
being in force, to furnish information on such points or matters as, in the
opinion of the Authorities, may be useful for, or relevant to, the subject matter
of the inquiry and any person so required shall be deemed to be legally
bound to furnish such information within the meaning of section 176 and
section 177 of the Indian Penal Code.
(3) Any officer, not below the rank of a Gazetted Officer, specially authorised in
this behalf by the Authorities may enter any building or place where the
officer has reason to believe that any document relating to the subject matter
of the inquiry may be found, and may seize any such document or take
extracts or copies there from subject to the provisions of section 100 of the
Code of Criminal Procedure, 1973, in so far as it may be applicable.
(4) The Authorities shall be deemed to be a civil court and when any offence as
is described in section 175, section 178, section 179, section 180 or section
228 of the Indian Penal Code is committed in the view or presence of the
Authorities, the Authorities may, after recording the facts constituting the
offence and the statement of the accused as provided for in the Code of
Criminal Procedure, 1973, forward the case to a Magistrate having
jurisdiction to try the same and the Magistrate to whom any such case is
forwarded shall proceed to hear the complaint against the accused as if the
case has been forwarded to him under section 346 of the Code of Criminal
Procedure, 1973.
(5) Every proceeding before the Authorities shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purposes
of section 196, of the Indian Penal Code, and the Authorities shall be
deemed to be a civil court for all the purposes of section 195 and Chapter
XXVI of the Code of Criminal Procedure, 1973.
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The Authorities shall perform all or any of the following functions, namely:
(a) Inquire, suo motu or on a petition presented to it by a victim or any
person on his behalf, into complaint of violation of provisions in
respect of implementation of rural development programmes or
abetment thereof or negligence in the prevention of such violation by
a public servant
(b) The Authorities while inquiring into the complaints of violations of
provisions of rural development programmes may call for information
or report from the Central Government or any State Government or
any other organisation subordinate thereto within such time as may be
specified by it;
Provided that-
(a) if the information or report is not received within the time stipulated by
the Authorities, it may proceed to inquire into the complaint on its own;
The Authorities may take any of the following steps upon the completion of an
inquiry held under this Act, namely :
(a) where the inquiry discloses violation of provisions of rural development
programmes or negligence in the prevention of such violation by a public
servant, the Authorities may recommend to the concerned Government or
organization the initiation of proceedings for prosecution or such other action
as the Authorities may deem fit against the concerned person or persons;
(b) recommend to the concerned Government or organization for the grant of
such immediate interim relief to the victim or the members of his family as the
Authorities may consider necessary;
(c) provide a copy of the inquiry report to the petitioner or his representative;
(d) the Authorities shall send a copy of its inquiry report together with its
recommendations to the concerned Government or organization and the
concerned Government or organization shall, within a period of one month, or
such further time as the Authorities may allow, forward its comments on the
report, including the action taken or proposed to be taken thereon, to the
Authorities;
(e) The Authorities shall publish on its website its inquiry report together with the
comments of the concerned Government or authority, if any, and the action
taken or proposed to be taken by the concerned Government or organization
on the recommendations of the Authorities.
37. Investigation:-
(1) The Authorities may, for the purpose of conducting any investigation
pertaining to the inquiry, utilise the services of any person or officer or
investigation agency of the Central Government or any State Government
with the concurrence of the Central Government or the State Government, as
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Provided that nothing in this section shall apply where the credit of a witness
is being impeached.
CHAPTER VII
MISCELLANEOUS
(1) Whoever contravenes any provision of this Act shall on conviction be liable to
pay a fine which may extend up to one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal procedure, 1973
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Where a complaint instituted before the District Authority or the State Authority or the
Central Authority, as the case may be, is found to be frivolous or vexatious, it shall,
for reasons to be recorded in writing, dismiss the complaint and make an order that
the complainant shall pay to the opposite party such cost, not exceeding ten
thousand rupees , as may be specified in the order.
No suit or other legal proceeding shall lie against the Central Government,
State Government, Central Authorities, the State or District Authorities or any
Member thereof or any person acting under the direction either of the Central
Government, State Government, Central, State or District Authorities in
respect of anything which is in good faith done or intended to be done in
pursuance of this Act or of any rules or any order made thereunder or in
respect of the publication by or under the authority of the Central
Government, State Government, Central, State or the District Authorities of
any report, paper or proceedings.
The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
(1) The Central Government may, by notification, make rules to carry out the
provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
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(f) The manner in which the accounts of the Central Authority, the State
Authority or the District Authority shall be maintained.
(g) The terms and conditions for the crediting of funds to the Central,
State or District Training Fund
(h) Any other matter which is to be, or may be prescribed.
(1) The State Government may, by notification, make rules to carry out the
provisions of this Act not inconsistent with the provisions of the Act or rules
made by the Central Government under section 44 of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely:-
(a) The number, experience and qualifications of Members of the State
Authority.
(b) The experience and qualifications of the Director General of the State
Authority and his powers and functions.
(c) The terms of office and other conditions relating thereto of Members
of the State Authority.
(d) The number of officers, academic staff and other employees of the
State Authority.
(e) The conditions of service and salary and allowances of officers,
academic staff and other employees of the State Authority.
(f) The manner in which the accounts of the State Authority or the District
Authority shall be maintained.
(g) The terms and conditions for the crediting of funds to the State or
District Training Fund
(h) Any other matter which is to be, or may be prescribed.
The power to make rules shall include the power to make such rules or any of them
retrospectively from a date not earlier than the date on which this Act received the
assent of the President, but no such retrospective effect shall be given to any such
rule so as to prejudicially affect the interests of any person to whom such rule may
be applicable.
(1) Every rule made under this Act by the Central Government shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, 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.
(2) Every rule made under this Act by a State Government shall be laid, as soon
as may be after it is made, before the State Legislature.
The Central and State Authority shall prepare once every year, in such form and at
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(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government, may by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty.
Provided that no such order shall be made after the expiry of the period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each house of Parliament.
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