draftnatirdtraiauthbil_3211l

8/7/2019 DraftNatiRDTraiAuthBil_3211l

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Draft National RuralDevelopment Training

Authorities Bill, 2011Ministry of Rural Development

Government of India


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Draft National Rural Development Training Authorities Bill, 2011

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ContentsCHAPTER I ....................................................................................................... 4PRELIMINARY .................................................................................................. 4

1. Short title, extent and commencement:- ........................................................42. Definitions :- ............................................................................................... 4

CHAPTER II ...................................................................................................... 5CENTRAL TRAINING AUTHORITY..................................................................... 5

3. Constitution, etc. of Central Training Authority: .............................................. 54. Officers and Staff of Central Authority:- .........................................................65. Functions and duties of Authority :-............................................................... 76. Central Authority to work in co-ordination with other agencies:- .......................9

CHAPTER III ..................................................................................................... 9STATE TRAINING AUTHORITY ......................................................................... 9

7. Constitution of State Training Authority :- ...................................................... 98. Officers and Staff of State Training Authority :- ............................................ 109. Functions of the State Authority :-............................................................... 1110. State Authority to act in co-ordination with other agencies, etc., and be subject

to directions given by the Central Authority:-.............................................. 1111. District Training Authority :- ...................................................................... 1112. Functions of the District Authority :- ..........................................................1213. District Authority to act in co-ordination with other agencies and be subject to

directions given by the Central Authority, etc.:- ..........................................1214. Block Training Committee:-...................................................................... 1215. Functions of the Block Training Committee:-.............................................. 1316. Power to require statistics and returns :-.................................................... 1317. Direction by Central Government to Authorities :-....................................... 13

CHAPTER IV................................................................................................... 13FINANCE, ACCOUNTS AND AUDIT ................................................................. 13

18. Grants by the Central Government:- .........................................................1319. National Training Fund:- .......................................................................... 1320. National Training Fund shall be applied for meeting:- .................................1421. State Training Fund:-............................................................................... 1422. State Training Fund shall be applied for meeting:-...................................... 1423. District Training Fund:- ............................................................................ 14


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24. District Training Fund shall be applied for meeting:- ................................... 1425. Pattern of Central and State Funding:- ...................................................... 1426. Accounts and Audit:- ............................................................................... 15

CHAPTER V.................................................................................................... 15TRAINING PROGRAMMES .............................................................................. 15

27. Organization of Training Programmes:-..................................................... 1528. Empanelment of Master Trainers:-............................................................ 1629. Development of training materials:-........................................................... 1630. Provision of training infrastructure:-........................................................... 1731. Certification of Trainees:-......................................................................... 1732. Evaluation of training programmes:-..........................................................17

CHAPTER VI................................................................................................... 17POWERS AND FUNCTIONS OF THE CENTRAL, STATE AND DISTRICTAUTHORITIES REGARDING INVESTIGATION AND SETTLEMENT OF

GRIEVANCES ................................................................................................. 1733. Powers and functions of the Authorities relating to complaints and grievances:-34. Powers relating to inquiries:- .................................................................... 1835. Inquiry into complaints:-........................................................................... 1936. Steps after inquiry :- ................................................................................ 1937. Investigation:- ......................................................................................... 1938. Statement made by persons to the Authorities:- .........................................2039. Persons likely to be prejudicially affected to be heard:-............................... 20

CHAPTER VII.................................................................................................. 20MISCELLANEOUS........................................................................................... 20

40. Penalty for contravention:- ....................................................................... 2041. Dismissal of frivolous or vexatious complaints:-..........................................2142. Protection of action taken in good faith:-.................................................... 2143. Act to have overriding effect:- .................................................................. 2144. Power of the Central Government to make rules:- ...................................... 21

45. Power of the State Government to make rules:-.........................................2246. Power to make rules retrospectively:-........................................................ 2247. Laying of rules:- ...................................................................................... 2248. Annual Report of Central and State Authority............................................. 2249. Power to remove difficulties:- ................................................................... 23


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Draft of the National Rural Development Training Authorities Bill, 2011

An Act to constitute Rural Development Training Authorities to impart training to ensure thatthe programmes of rural development are implemented in a manner which promotesinnovations, equity, transparency and public accountability in rural governance and inaccordance with the instructions of the Central and State Governments and for mattersconnected therewith or incidental thereto.

Be it enacted by the Parliament in the 61st year of the Republic of India as follows :

CHAPTER IPRELIMINARY

1. Short title, extent and commencement:-

(1) The Act may be called THE NATIONAL RURAL DEVELOPMENTTRAINING AUTHORITIES ACT, 2011.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, bynotification, appoint, and different dates may be appointed for differentprovisions of this Act and for different States, and any reference tocommencement in any provision of this Act in relation to any State shall beconstrued as a reference to the commencement of that provision in thatState.

2. Definitions :-

In this act, unless the context otherwise requires:-

(a) Allied Programmes mean programmes of the Central or StateGovernment that has a close nexus with the programmes of ruraldevelopment in affecting the well-being of the rural community,particularly relating to the subjects contained in the Eleventh Scheduleof the Constitution of India.

(b) Block means a community development area within a districtcomprising a group of Gram Panchayats.

(c) Block Training Committee means a Block Training Committeeconstituted under Section 16.

(d) Central Authority means the Central Training Authority constitutedunder Section 3.

(e) Central Government means the Ministry of Rural Development inGovernment of India.

(f) Convergence means implementation of two or more governmentprogrammes by pooling their resources physical, financial, technical,human or otherwise - in order to enhance the effectiveness of theconstitutent programmes.

(g) District Authority means the District Training Authority constitutedunder Section 13.

(h) E-learning module means a course designed, developed andadministered in an electronic - text, audio or video - form for teachingand learning, or transfer of knowledge and skills, using computers,with or without web or internet based technology.

(i) Eminent Guest Speaker means a person who has acquired high


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reputation in providing guidance for proper implementation ofgovernment programmes.

(j) Rural Development Programme means the programme beingimplemented by the Central Government.

(k) Master Trainer means a person or an institution who is qualified toprovide training to the trainees.

(l) National Fund means the National Training Fund established under

Section 19.(m) Notification means a notification published in the Office Gazette.(n) Prescribed means prescribed by rules made under this Act or by

directions issued by Central or State Governments.(o) State Authority means State Training Authority constituted under

Section 9.(p) State Government includes the administrator of a Union Territory

appointed by the President under Article 239 of the Constitution.(q) Training includes imparting appropriate knowledge and skills and

inculcating suitable attitude among the persons associated, directly orindirectly, with the implementation of the programmes of Central orState Government with the aim of enhancing the effectiveness of theprogramme administration, both within and outside India.

CHAPTER IICENTRAL TRAINING AUTHORITY

Constitution and functions of Authority

3. Constitution, etc. of Central Training Authority:

(1) There shall be a body to be called the Central Training Authority to exercisesuch powers and perform such duties as are assigned to it under this Act.

(2) The National Institute of Rural Development established at Hyderabad by theMinistry of Rural Development shall be the Central Training Authority for thepurposes of this Act and the Director General, Deputy Director General,Registrar and other officers and employees thereof shall be deemed to havebeen appointed under this Act and they shall continue to hold office on thesame terms and conditions on which they were appointed by the CentralGovernment or the National Institute of Rural Development, as the case maybe.

(3) The Central Training Authority shall be a body corporate by the nameaforesaid, having perpetual succession and a common seal, with power toacquire, hold and dispose of property, both movable and immovable, and tocontract and shall, by the said name, sue or be sued.

(4) The Authority shall consist of a Chairperson, two Vice Chairpersons and thefollowing 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 StateGovernments as may be determined by the Central Government;

(c) not more than such number of persons of as may be determined bythe Central Government who have knowledge of, and adequateexperience and capacity in, dealing with problems relating toengineering, finance, economics, rural development, social audit,grievance redressal, social mobilization, agriculture, animalhusbandry, 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 andUnion 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 RuralDevelopment in Government of India and the Secretary in the Department ofRural 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 timeas the Chairperson may direct, and shall observe such rules of procedure inregard 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 inthe absence of such nominations or where there is no Chairperson or Vice-Chairperson, any Member chosen by the Members present from amongthemselves shall preside at the meeting.

(9) No act or proceeding of the Authority shall be questioned or shall beinvalidated merely on the ground of existence or any vacancy in or any defectin, the constitution of, the Authority.

(10) The Members shall receive such allowances and fees for attending themeetings of the Authority, as the Central Government may prescribe.

4. Officers and Staff of Central Authority:-

(1) The Central Authority may appoint a Director General and such other officers,academic staff or faculty members and employees as it considers necessaryfor the performance of its functions under this act and on such terms as tosalary, remuneration, fee, allowance, pension, leave and gratuity, as theAuthority may in consultation with the Central Government, fix.Provided that the appointment of the Director General shall be subject to theapproval of the Central Government.

(2) All order and decisions of the Central Authority shall be authenticated by theDirector General or any other officer of the Authority duly authorised by theChairperson in this behalf.

(3) The Faculty Members of the Central Authority shall be appointed fromamongst persons of ability, integrity and standing, who have knowledge of,and adequate experience and capacity in dealing with problems relating tothe following areas, namely,(a) Engineering with specialization in design, construction, operation and

maintenance of buildings, roads, dams and canals and other civilengineering structures.

(b) Engineering with specialization in information and communicationtechnology.

(c) Finance,(d) Economics(e) Rural Development


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(f) Social Audit(g) Grievance Redressal(h) Social Mobilization(i) Right to Information(j) Agriculture(k) Animal Husbandry(l) Fisheries

(m) Forests(n) Watershed(o) Environment(p) Industries(q) Project Management(r) Monitoring and Evaluation(s) Any other area to be specified by the Central Government

5. Functions and duties of Authority :-

(1) Establishment of the academic and knowledge generation architecture interms of establishment of different schools centred around themes relevantfor rural development, financial inclusion and microfinance, rural enterprise

and entrepreneurship development, labour and the unorganized sector,organizational management, management of rural development programmes,etc.

(2) Create forums, through mediums such as seminars and workshops, forknowledge creation and dissemination in the field of rural development.

(3) Conduct policy and field based research in areas of relevance for poverty andrural development and in particular in areas given below:-

(a) Inclusive growth strategies with community based approaches as thecentre point.

(b) Strategies to ensure social inclusion

(c) Financial Inclusion through community based Institution(d) Role of community based institutions in ensuring access to markets for

the small and marginal farmers.(e) Ensuring last mile service delivery through the community based

institutions.(f) Enhancing accountability in public service delivery through the

institutions of poor.(4) Create a community of practice through developing a network of practitioners.

(5) Design and conduct training programmes for fresh and in service personnel ofthe government and other institutions in the field of rural development andrural livelihoods. This will include codifying knowledge through preparation ofcase studies based on best practices, developing related multimedia trainingmaterial packages, and developing appropriate pedagogy for training courses.In addition conduct training programmes for various levels of managers inrural development programmes.

(6) Create a system of certification for different training programmes andlegitimize / popularize these through a transparent accreditation process bothfor individual and institutional participants.

(7) Create a network of training institutions who can participate in upgrading theirTraining programmes and provide them technical assistance for their training


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programmes.

(8) Award fellowships for visiting fellows from practitioners and researchers fromIndia and abroad.

(9) Partner for knowledge enrichment, collaborative projects in research andtraining with similar institutions of excellence globally.

(10) To undertake and assist in the organization of training, study-courses,conferences, seminars and lectures, incorporating latest methodologies ofthe Training and instruction including distance education methodologies.

(11) To develop e-learning modules for different Rural Development Programmesand to make arrangements for distance learning using virtual classrooms,digital library, online tests and other advances in information andcommunication, as well as to maintain an interactive website for widerdissemination of training content and other information.

(12) To undertake, aid, promote and coordinate training, research and actionresearch through its own or other agencies including non-governmental

organizations, universities and other academic institutions and trainingcentres including those established by or with the aid of the Government ofIndia.

(13) To conduct research and publish papers on important aspects of ruraldevelopment such as poverty reduction, income and employment generation,women empowerment, health, education, environment protection,infrastructure development and other related fields.

(14) To collect, compile and publish technical and statistical data on ruraldevelopment and the measures devised for effective implementation of ruraldevelopment programmes, and prepare manuals, codes or guides relating toimplementation of rural development programmes and disseminate

information connected therewith.

(15) To analyse and propose solutions to the problems in planning andimplementation of the programme for rural development.

(16) Undertake analysis of grievance prone areas in the implementation ofgovernment programmes, investigate or cause an investigation intotheir reasons and suggest remedial mechanisms for prevention ofgrievances.

(17) To engage academic and non-academic staff and other persons for theproper management of the Authority and exercise control andsuperintendence over them for effective discharge of their functions.

(18) To coordinate with the Central Government, State Governments,International bodies including UN and other multinational agencies, foreigngovernments and media organizations in order to achieve objectives of theAuthority.

(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 oninternational best practices in rural development.


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(20) review the guidelines provided by or under the Constitution or any lawfor the time being in force for the proper implementation of ruraldevelopment programmes and recommend measures for theireffective implementation;

(21) Analyse the need for faculty development in various State andDistricts 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 theproper 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 developmentprogrammes and present certificate of awards to them every year

(25) Any other function entrusted by the Central Government.

6. Central Authority to work in co-ordination with other agencies:-

(1) In the discharge of its functions under this Act, the Central Authority shall, whereverappropriate, act in co-ordination with other governmental and non-governmentalagencies, universities and others engaged, directly or indirectly, in the planning andimplementation of welfare and development programmes.

(2) In particular and without prejudice to the generality of the foregoing function, theCentral Authority may enter into contract with Indira Gandhi Open NationalUniversity, New Delhi to impart training at such terms and conditions that may bemutually determined by the Central Authority and Indira Gandhi Open NationalUniversity, New Delhi.

CHAPTER IIISTATE TRAINING AUTHORITY

Constitution, powers and functions of State Training Authority

7. Constitution of State Training Authority :-

(1) Every State Government shall, within six months of the appointed date, bynotification, constitute, for the purposes of this Act, an Authority for the Stateto be known as the (name of the State) Training Authority.Provided that the State Institute of Rural Development, established by a StateGovernment and functioning as such shall be the State Training Authority forthe purposes of this Act and the Chairperson, Members, Director and officersand 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 andPanchayati Raj as the Vice-Chairperson and the following members to beappointed 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 bedetermined by the State Government;

(b) not more than such number of persons as may be determined by theCentral Government who have knowledge of, and adequateexperience and capacity in, dealing with problems relating to


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engineering, finance, economics, rural development, social audit,grievance redressal, social mobilization, agriculture, animalhusbandry, fisheries, forests, watershed, environment, industries,information and communication technology, project management,monitoring and evaluation.

(c) The Director General appointed by the State Authority.(d) a Member-Secretary not below the rank of Additional Secretary to the

State Government;(3) The State Training Authority shall be a body corporate by the name

aforesaid, having perpetual succession and a common seal, with power toacquire, hold and dispose of property, both movable and immovable, and tocontract and shall, by the said name, sue or be sued.

(4) The headquarters of the State Authority shall be at such places the StateGovernment may, by notification, specify.

(5) The Chairperson, or if he is unable to attend a meeting of the Authority, theVice-Chairperson or where there is no Chairperson or Vice-Chairperson, anyMember chosen by the Members present from among themselves shallpreside at the meeting.

(9) No act or proceeding of the Authority shall be questioned or shall beinvalidated merely on the ground of existence or any vacancy in or any defectin, the constitution of, the Authority.

(10) The Members shall receive such allowances and fees for attending themeetings of the Authority, as the State Government may prescribe.

8. Officers and Staff of State Training Authority :-

(1) The State Authority may appoint a Director General and such other officers,academic staff or faculty members and employees as it considers necessaryfor the performance of its functions under this Act and on such terms as to

salary, remuneration, fee, allowance, pension, leave and gratuity, as theAuthority may in consultation with the State Government, fix.

(2) The faculty members of the Authority shall be appointed from amongstpersons of ability, integrity and standing, who have knowledge of, andadequate experience and capacity in dealing with problems relating to thefollowing areas, namely,(a) Engineering with specialization in design, construction, operation and

maintenance of buildings, roads, dams and canals and other civilengineering structures.

(b) Engineering with specialization in information and communicationtechnology.

(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

9. Functions of the State Authority :-

(1) It shall be duty of the State Authority to give effect to the policy and directionsof 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 followingfunctions: -(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 intotheir reasons and suggest remedial mechanisms for prevention ofgrievances.

(c) Identify at the State level the best performing Gram Panchayats,

Blocks and Districts in regard to the implementation of ruraldevelopment programmes and present certificate of awards to themevery year.

(d) Conduct research for assessing the impact of various governmentprogrammes and undertake their evaluation.

10. State Authority to act in co-ordination with other agencies, etc., and be subject todirections given by the Central Authority:-

In the discharge of its functions under this Act, the State Authority shall, whereverappropriate, act in co-ordination with other governmental and non-governmentalagencies, universities and others engaged in the planning and implementation of

welfare and development programmes and shall also be guided by such directionsas the Central Authority may give to it in writing.

11. District Training Authority :-

(1) There shall be District Training Authority in every District to exercise suchfunctions 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 benominated by the District Authority in consultation with the StateAuthority.

(3) The District Authority may appoint a District Training Coordinator and suchnumber of officers and other employees as may be prescribed by the StateGovernment in consultation with the Central Government for the efficientdischarge of its functions.

(4) The officers and other employees of the District Authority shall be entitled tosuch salary and allowances and shall be subject to such other conditions ofservice as may be prescribed by the State Government in consultation with


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the Central Government.(5) All orders and decisions of the District Authority shall be authenticated by the

District Training Coordinator or by any other officer of the District Authorityduly authorised by the Chairman of the Authority.

(6) No act or proceeding of the District Authority shall be invalid merely on theground of the existence of any vacancy in, or any defect in the constitution of,the District Authority.

12. Functions of the District Authority :-

(1) It shall be the duty of every District Authority to perform such of the functionsof the State Authority in the District as may be delegated to it from time totime 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 intotheir 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 developmentprogrammes 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 todirections given by the Central Authority, etc.:-

In the discharge of its functions under this Act, the District Authority shall, whereverappropriate, act in co-ordination with other governmental and non-governmentalinstitutions, universities and others engaged in the work of promoting ruraldevelopment, poverty alleviation, income and employment generation and shall also

be guided by such directions, as the Central Authority and the State Authority maygive to it in writing.

14. Block Training Committee:-

(1) The State Authority may constitute a Committee to be called the BlockTraining Committee for each Block or Mandal or for groups of Blocks orMandals.

(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 benominated by the District Authority in consultation with the Stateauthority.

(3) The Committee may appoint a Block Training Coordinator and such numberof officers and other employees as may be prescribed by the StateGovernment in consultation with the Central Government for the efficientdischarge of its functions.

(4) All orders and decisions of the Block Training Committee shall beauthenticated by the Block Training Coordinator or by any other officer of theBlock Training Committee duly authorised by the Chairman of the BlockTraining Committee.


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(5) The officers and other employees of the Committee shall be entitled to suchsalary an allowances and shall be subject to such other conditions of serviceas may be prescribed by the State Government in consultation with theCentral Government.

(6) The administrative expenses of the Committee shall be defrayed out of theDistrict Training Fund by the District Authority.

15. Functions of the Block Training Committee:-

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 andpresent certificate of awards to them every year

(e) Perform such other functions as the District Authority may assign to it.

Certain powers and directions

16. Power to require statistics and returns :-

It shall be the duty of every officer of Central and State Government to furnish to theCentral, State and District Authorities such statistics, returns or other informationrelating to planning and implementation of different programmes or schemes of ruraldevelopment or the subjects specified in the Eleventh Schedule of the Constitutionas they may require at such times and in such form and manner as may bespecified by the Authorities .

17. Direction by Central Government to Authorities :-

In the discharge of their functions, the Central, State and District Authorities shall beguided by such directions as the Central Government may give to them in writing.

CHAPTER IVFINANCE, ACCOUNTS AND AUDIT

18. Grants by the Central Government:-

The Central Government shall, after due appropriation made by Parliament by law inthis behalf, pay to the Central Training Authority, by way of grants, such portion ofthe annual budget outlay on rural development programmes as the CentralGovernment may think fit for being utilised for the purpose of this Act.

19. National Training Fund:-

The Central Authority shall establish a fund to be called the National Training Fundand there shall be credited thereto:-

(a) All sums of money given as grants by the Central Governments underSection 18.

(b) Any grants or donations that may be made to the Central TrainingAuthority by any other person for the purposes of this Act.

(c) Any amount received by the Central Training Authority under theorders of any court or from any other sources.


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20. National Training Fund shall be applied for meeting:-

(a) The cost of training provided under this Act including grants made toState Authorities.

(b) Any other expenses which are required to be met by the CentralTraining Authority.

21. State Training Fund:-

State Training Authority shall establish a fund to be called the State Training Fundand there shall be credited thereto:-

(a) All sums of money paid to it or any grants made by the CentralTraining Authority or the State Government for the purposes of thisAct.

(b) Any grants or donations that may be made to the State TrainingAuthority by any other person for the purposes of this Act.

(c) Any amount received by the State Training Authority under the ordersof any court or from any other sources.

22. State Training Fund shall be applied for meeting:-

(a) The cost of functions referred to in Section 9.(b) Any other expenses which are required to be met by the State

Training Authority.

23. District Training Fund:-

Every District Training Authority shall establish a fund to be called the DistrictTraining Fund and there shall be credited thereto:-

(a) All sums of money paid to it or any grants made by Central or theState Training Authority to the District Training Authority for thepurposes 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 StateTraining Authority, for the purposes of this Act.

(c) Any amount received by the District Training Authority under theorders of any court or from any other sources.

24. District Training Fund shall be applied for meeting:-

(a) The cost of functions referred to in Section 12.(b) Any other expenses which are required to be met by the District

Training Authority.

25. Pattern of Central and State Funding:-

(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 suchas computers, faxes, printers, electronic boards, reprographicmachines, film production equipment, video-conferencing, trainingsoftware including e-learning materials, satellite communication,


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furniture and others as specified by the Central Government.(d) Seventy five percent of the recurring expenses of the State and

District Training AuthorityProvided that in the case of North-Eastern States the proportion shallbe ninety percent of the recurring expenses of the State and DistrictTraining Authority

(e) Organization of training courses at the State, District, Block and

Village level at such rates which the Central Government may fix.(2) The State Government shall meet the cost of the following:

(a) Land for the establishment of State and District Training Authorities.(b) Twenty five percent of recurring expenses of the State and District

Training AuthoritiesProvided that in the case of North-Eastern States the proportion shallbe ten percent of the recurring expenses of the State and DistrictTraining Authority

26. Accounts and Audit:-

(1) The Central, State or District Training Authority(hereinafter referred to in thissection as the Authority), as the case may be, shall maintain proper

accounts and other relevant records and prepare an annual statement ofaccounts including the income and expenditure account and the balancesheet in such form as may be prescribed by the Central Government inconsultation with the Comptroller and Auditor-General of India.

(2) The Accounts of the Authorities shall be audited by the Comptroller andAuditor-General of India at such intervals as may be specified by him and anyexpenditure incurred in connection with such audit shall be payable by theAuthority concerned to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other personappointed by him in connection with the audit of the accounts of the Authorityunder this Act shall have the same rights and privileges and the authority inconnection with such audit as the Comptroller and Auditor-General of Indiahas in connection with the audit of Government accounts and, in particular,

shall have the right to demand the production of books, accounts, connectedvouchers and other documents and papers and to inspect any of the officesof the Authorities under this Act.

(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, togetherwith the audit report thereon, shall be forwarded annually by the Authority tothe Central Government or the State Governments, as the case may be.

(5) The Central Government shall cause the accounts and the audit reportreceived by it under sub section (4) to be laid, as soon as may be after theyare received, before each Houses of Parliament.

(6) The State Government shall cause the accounts and the audit reportreceived by it under sub-section (4) to be laid, as soon as may be after theyare received, before the State legislature.

CHAPTER VTRAINING PROGRAMMES

27. Organization of Training Programmes:-

(1) The Central Training Authority or every State Training Authority or DistrictAuthority or the Block Training Committee may organize training programmesat 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 CentralTraining Authority, State Training Authority, District Training Authority or theBlock 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 beconsolidated and sent to the State Training Authority by the District TrainingAuthority for consolidation at the State level by end of November every year.

(5) The State Training Authority should submit the consolidated State TrainingPlan 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 ensuretraining of the government functionaries at the State, District, Block andVillage level, elected Panchayati Raj representatives and others at least onceevery year.

(7) All government functionaries and elected Panchayati Raj representatives

shall participate in training programmes as required by the TrainingAuthorities.

(8) The training plan may be reviewed from time to time during the year by therespective Training Authorities in the light of events unfolding during the year.

28. Empanelment of Master Trainers:-

(1) State Training Authority or the District Training Authority may identify personswith special knowledge or experience in planning or implementation of ruraldevelopment programmes as master trainers for conduct of trainingprogrammes from time to time.Provided that persons so identified as master trainers shall be impartedappropriate training skills through conduct of Training of TrainersProgrammes by the State Training Authority or the District Training Authority.Provided also that only persons successfully completing Training of TrainersProgramme may be empanelled as master trainers for training of the personsidentified for training.

(2) The master trainers and the guest speakers shall be paid such fees andallowances as may be prescribed by the Central Government.

29. Development of training materials:-


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(1) The State and District Training Authorities shall develop training materials intextual or electronic form containing the instructions issued by the Central orState Government in relation to the rural development and other alliedprogrammes 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 developmentand other allied programmes and make them available for training using thelatest information and communication technology applications and devices.

(3) The training materials developed in electronic form in section (1) shall beplaced on the website of the Central and State Training Authorities and willconstitute the digital library for free access by all.

(4) Different types of training materials shall be used during training to enableuse 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.

(5) Development of training materials shall focus on promotion of convergence inimplementation of government programmes and cover all subjects prescribedin the Eleventh Schedule of the Constitution of India.

30. Provision of training infrastructure:-

The State Government shall provide adequate technical and infrastructuralsupport for ensuring proper organization of training programmes includingtraining through distance learning mode.

31. Certification of Trainees:-

(1) Such trainees who successfully complete training courses shall be grantedcertificate by the State Training Authority or the District Training Authority asthe 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 inplanning and implementation of rural development programmes shall acquiresuitable training certificate within a reasonable period of time.

32. Evaluation of training programmes:-

The Central, State and District Authorities shall make arrangements for independentevaluation of the impact of training programmes on improving the implementation ofrural development and other allied programmes every year.

CHAPTER VI

POWERS AND FUNCTIONS OF THE CENTRAL, STATE AND DISTRICTAUTHORITIES REGARDING INVESTIGATION AND SETTLEMENT OF

GRIEVANCES

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 intocomplaints and grievances with regard to the implementation of ruraldevelopment programmes that are referred to them by the Central or StateGovernments, and may give suitable recommendations to the Central orState Government for the settlement of complaints and grievances.

Provided that the Authorities may also undertake the investigation of

complaints and grievances as referred to them by any person or suo motu.

(2) The Authorities shall analyse the grievance prone areas, recommendremedial measures to the Central and State Government and design andconduct training programmes in a manner which prevents formation ofgrievances.

34. Powers relating to inquiries:-

(1) The Authorities shall, while inquiring into complaints under this Act, have allthe 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 anyprivilege which may be claimed by that person under any law for the timebeing in force, to furnish information on such points or matters as, in theopinion of the Authorities, may be useful for, or relevant to, the subject matterof the inquiry and any person so required shall be deemed to be legallybound 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 inthis behalf by the Authorities may enter any building or place where theofficer has reason to believe that any document relating to the subject matterof the inquiry may be found, and may seize any such document or takeextracts or copies there from subject to the provisions of section 100 of theCode 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 asis described in section 175, section 178, section 179, section 180 or section228 of the Indian Penal Code is committed in the view or presence of theAuthorities, the Authorities may, after recording the facts constituting theoffence and the statement of the accused as provided for in the Code of

Criminal Procedure, 1973, forward the case to a Magistrate havingjurisdiction to try the same and the Magistrate to whom any such case isforwarded shall proceed to hear the complaint against the accused as if thecase has been forwarded to him under section 346 of the Code of CriminalProcedure, 1973.

(5) Every proceeding before the Authorities shall be deemed to be a judicialproceeding within the meaning of sections 193 and 228, and for the purposesof section 196, of the Indian Penal Code, and the Authorities shall bedeemed to be a civil court for all the purposes of section 195 and ChapterXXVI of the Code of Criminal Procedure, 1973.


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35. Inquiry into complaints:-

The Authorities shall perform all or any of the following functions, namely:(a) Inquire, suo motuor on a petition presented to it by a victim or any

person on his behalf, into complaint of violation of provisions inrespect of implementation of rural development programmes or

abetment thereof or negligence in the prevention of such violation bya public servant

(b) The Authorities while inquiring into the complaints of violations ofprovisions of rural development programmes may call for informationor report from the Central Government or any State Government orany other organisation subordinate thereto within such time as may bespecified 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;

(b) if, on receipt of information or report, the Authorities is satisfied eitherthat no further inquiry is required or that the required action has been

initiated or taken by the concerned Government or organization, itmay not proceed with the complaint and inform the complainantaccordingly.

36. Steps after inquiry :-

The Authorities may take any of the following steps upon the completion of aninquiry 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 publicservant, the Authorities may recommend to the concerned Government ororganization the initiation of proceedings for prosecution or such other actionas the Authorities may deem fit against the concerned person or persons;

(b) recommend to the concerned Government or organization for the grant ofsuch immediate interim relief to the victim or the members of his family as theAuthorities 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 theconcerned Government or organization shall, within a period of one month, orsuch further time as the Authorities may allow, forward its comments on thereport, including the action taken or proposed to be taken thereon, to theAuthorities;

(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 actiontaken or proposed to be taken by the concerned Government or organizationon the recommendations of the Authorities.

37. Investigation:-

(1) The Authorities may, for the purpose of conducting any investigationpertaining to the inquiry, utilise the services of any person or officer orinvestigation agency of the Central Government or any State Governmentwith the concurrence of the Central Government or the State Government, as


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the case may be.(2) For the purpose of investigating into any matter pertaining to the inquiry, any

person or officer or agency whose services are utilised under sub-section (1 )may, subject to the direction and control of the Authorities.(a) summon and enforce the attendance of any person and examine him;(b) require the discovery and production of any document; and(c) requisition any public record or copy thereof from any office.

(3) The provisions of Section 38 shall apply in relation to any statement made bya person before any person or officer or agency whose services are utilisedunder sub-section (1 ) as they apply in relation to any statement made by aperson in the course of giving evidence before the Authorities.

(4) The person or officer or agency whose services are utilised under sub-section (1) shall investigate into any matter pertaining to the inquiry andsubmit a report thereon to the Authorities within such period as may bespecified by the Authorities in this behalf.

(5) The Authorities shall satisfy itself about the correctness of the facts statedand the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Authorities may make such inquiry(including the examination of the person or persons who conducted orassisted in the investigation) as it thinks fit.

38. Statement made by persons to the Authorities:-

No statement made by a person in the course of giving evidence before theAuthorities shall subject him to, or be used against him in, any civil or criminalproceeding except a prosecution for giving false evidence by such statement:

Provided that the statement(a) is made in reply to the question which he is required by the Authorities

to answer; or(b)

is relevant to the subject matter of the inquiry.

39. Persons likely to be prejudicially affected to be heard:-

(1) If, at any stage of the inquiry, the Authorities-(a) considers it necessary to inquire into the conduct of any person; or

(b) is of the opinion that the reputation of any person is likely to beprejudicially affected by the inquiry;

(2) it shall give to that person a reasonable opportunity of being heard in theinquiry and to produce evidence in his defence:

Provided that nothing in this section shall apply where the credit of a witnessis being impeached.

CHAPTER VII

MISCELLANEOUS

40. Penalty for contravention:-

(1) Whoever contravenes any provision of this Act shall on conviction be liable topay 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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(2 of 1974), the District Authority or the State Authority or the CentralAuthority, as the case may be, shall have the power of a Judicial magistrateof the second class for the trial of offences under this Act, and on suchconferment of powers, the District Authority or the State Authority or theCentral Authority, as the case may be, on whom the powers are so conferredshall be deemed to be a Judicial Magistrate of the second class for thepurpose of the Code of Criminal procedure, 1973 (2 of 1974)

(3) All offences under this Act may be tried summarily by the District Authority orthe State Authority or the Central Authority, as the case may be.

41. Dismissal of frivolous or vexatious complaints:-

Where a complaint instituted before the District Authority or the State Authority or theCentral 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 thatthe complainant shall pay to the opposite party such cost, not exceeding tenthousand rupees , as may be specified in the order.

42. Protection of action taken in good faith:-

No suit or other legal proceeding shall lie against the Central Government,State Government, Central Authorities, the State or District Authorities or anyMember thereof or any person acting under the direction either of the CentralGovernment, State Government, Central, State or District Authorities inrespect of anything which is in good faith done or intended to be done inpursuance of this Act or of any rules or any order made thereunder or inrespect of the publication by or under the authority of the CentralGovernment, State Government, Central, State or the District Authorities ofany report, paper or proceedings.

43. Act to have overriding effect:-

The provisions of this Act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in any instrumenthaving effect by virtue of any law other than this Act.

44. Power of the Central Government to make rules:-

(1) The Central Government may, by notification, make rules to carry out theprovisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) The number, experience and qualifications of Members of the CentralAuthority.

(b) The experience and qualifications of the Director General of theCentral Authority and his powers and functions.

(c) The terms of office and other conditions relating thereto of Membersof the Central Authority.

(d) The number of officers, academic staff and other employees of theCentral Authority.

(e) The conditions of service and salary and allowances of officers,academic staff and other employees of the Central Authority.


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(f) The manner in which the accounts of the Central Authority, the StateAuthority 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.

45. Power of the State Government to make rules:-

(1) The State Government may, by notification, make rules to carry out theprovisions of this Act not inconsistent with the provisions of the Act or rulesmade 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.

46. Power to make rules retrospectively:-

The power to make rules shall include the power to make such rules or any of themretrospectively from a date not earlier than the date on which this Act received theassent of the President, but no such retrospective effect shall be given to any suchrule so as to prejudicially affect the interests of any person to whom such rule maybe applicable.

47. Laying of rules:-

(1) Every rule made under this Act by theCentral Government shall be laid, assoon as may be after it is made, before each House of Parliament, while it isin session, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions

aforesaid, both Houses agree in making any modification in the rule, or bothHouses agree that the rule should not be made, the rule shall thereafter haveeffect 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 prejudiceto the validity of anything previously done under that rule.

(2) Every rule made under this Act by a State Government shall be laid, as soonas may be after it is made, before the State Legislature.

48. Annual Report of Central and State Authority

The Central and State Authority shall prepare once every year, in such form and at


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such time as may be prescribed, an annual report giving a summary of activitiesduring the previous year and copies of the report shall be forwarded to the Centraland State Government as the case may be.

49. Power to remove difficulties:-

(1) If any difficulty arises in giving effect to the provisions of this Act, the CentralGovernment, may by order published in the Official Gazette, make suchprovisions, not inconsistent with the provisions of this Act as appear to it to benecessary or expedient for removing the difficulty.Provided that no such order shall be made after the expiry of the period oftwo years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it ismade, be laid before each house of Parliament.

draftnatirdtraiauthbil_3211l

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