The Andhra Pradesh Bangaru Talli Girl Child Promotion and Empowerment Act, 2013

ANDHRA PRADESH BANGARU TALLI GIRL CHILD PROMOTION AND EMPOWERMENT ACT, 2013 (ACT NO. 5 OF 2013) ARRANGEMENT OF SECTIONS SECTIONS 1. Short title, extent, commencement and application 2. Definitions 3. Services provided to the girl children and their mothers 4. Incentives for achieving milestones 5. Mode of payment 6. State Council 7. Nodal Authority 8. Implementing Authorities 9. Responsibilities of functionaries 10. Penalties 11. Tribal areas 12. Social audit 13. Power to remove difficulties 14. Power to issue directions 15. Power to make rules ANDHRA PRADESH BANGARU TALLI GIRL CHILD PROMOTION AND EMPOWERMENT ACT, 2013 (ACT NO. 5 OF 2013) (29th June, 2013) AN ACT TO PROVIDE FOR PROMOTING THE SOCIO ECONOMIC DEVELOPMENT OF THE GIRL CHILD AND FOR THE MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty fourth year of the Republic of India, as follows:- 1. Short title, extent, commencement and application - (1) This Act may be called the Andhra Pradesh Bangaru Talli Girl Child Promotion and Empowerment Act, 2013. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall be deemed to have come into force with effect from the 1st May, 2013. (4) It shall apply to all girl children born on or after 1st May, 2013 limited to the first two children of the same mother. 2. Definitions - In this Act, unless the context otherwise requires,- (1) ‘Anganwadi worker’ means the person appointed for running an Anganwadi centre; (2) ‘Beneficiary’ means the girl child or her mother till the girl child attains the age of 7 years; or her father in case mother is not alive; or the guardian if both parents are not alive; or head of the institution giving shelter in case of orphans and abandoned children; or as notified from time to time; and shall be identified through the Unique ID issued by the Unique Identification Authority of India; (3) ‘Central Registry’ means the central database of the girl child maintained by the State Implementing Authority (Rural) which allows online updation by the implementing authorities; (4) 'Economically backward household' means any household having annual income below the limits notified by the State Government; (5) 'Girl child' means a girl child born in an economically backward household on or after 1st May, 2013; (6) 'Government' means the State Government of Andhra Pradesh; (7) 'Head master' means the head of any Primary or Secondary or High School either Government or Private in which the girl child is admitted; (8) 'Household' means a family in which the girl child is born; (9) 'Implementing Authority' means an Officer or an institution notified to implement the provisions of the Act; (10) 'Institutional delivery' means delivery of the child in any health care institution; (11) 'Milestones' means the age-specific and essential actions or activities required for healthy mental and physical growth of the Girl Child, as specified from time to time; (12) 'Nodal Authority' means the Department of Women, Children, Disabled and Senior Citizens, in the Government; (13) 'Notification' means, notification published in the Andhra Pradesh Gazette and word 'notified' shall be construed accordingly; (14) 'Prescribed' means prescribed by the Government by rules under this Act; (15) 'Principal' means the head of any college either Government or Private in which the girl child is admitted; (16) 'Registrar' means the person designated as such as per the Andhra Pradesh Registration of Births and Deaths Rules, 1999; (17) 'Slum Level Federation' means the Federation of Women Self-Help Groups at the slum level in urban areas facilitated/promoted by the Mission for Elimination of Poverty in Municipal Areas (MEPMA); (18) 'Village Organisation of SHGs' means the Federation of Women Self- Help Groups at the village level formed by the Society for Elimination of Rural Poverty (SERP). 3. Services provided to the girl children and their mothers - (1) Save as otherwise provided, the Government shall strive to ensure that each girl child or her mother as the case may be, is provided access to the following services: (a) Public health facilities to the expectant mothers for safe institutional deliveries; (b) Pre and post-natal health and nutrition services including a full complement of immunisation from birth to 6 years of age; (c) Three years pre-school education in the Anganwadi centres run by Government; (d) Five years of primary education in the Government schools, followed by three years upper primary education, two years of high school education in any educational institution in the manner prescribed; (e) Two years of education after the 10th standard and three/four years of college education up to graduation in the manner prescribed; (f) Skill training as required for finding suitable employment opportunities. 4. Incentives for achieving milestones - (1) Subject to such terms and conditions of eligibility as may be prescribed, each girl child shall be provided such financial and other incentives on achieving the milestones as may be prescribed from time to time. (2) Government shall ensure that adequate resources for the Bangaru Talli programme are included in the budget proposals submitted to the Legislature every year. 5. Mode of payment - Unless otherwise prescribed, all incentives under this Act shall be credited electronically into a bank or postal account of the beneficiary within the time stipulated for such payment; and preferably disbursed using biometric authentication. 6. State Council - (1) There shall be constituted a State Council to over-see the implementation of the Act, with the Chief Minister as its Chairman and such other Members as may be required, in the manner prescribed. (2) The State Council shall meet at such time and place as may be decided by the Council. 7. Nodal Authority - (1) The Department of Women, Children, Disabled and Senior Citizens shall be the Nodal Authority for planning, funding, monitoring and evaluation of the scheme in coordination with the Departments of Health, Medical and Family Welfare, Primary Education, Secondary Education, Higher Education, Rural Development and all other Welfare departments. (2) For the purpose of administration of the Act, the State Implementing Authority (Rural) shall in consultation with the Nodal Authority, put in a Central Registry of the Beneficiaries which shall be updated by all the Implementing Authorities after authentication as prescribed. 8. Implementing Authorities - Unless otherwise prescribed the following shall be the implementing Authorities for the purposes under this Act. (1) The State Implementing Authorities are agencies designated by Government for implementing the provisions of the Act in the manner prescribed. (2) The Collector and District Magistrate shall be the District Implementing Authority. (3) The Sub-Divisional Magistrate shall be the Sub-divisional Implementing Authority for that revenue sub-division. (4) The Tahsildar of a Mandal in rural areas and Municipal Commissioner in urban areas shall be the Mandal/Municipal Implementing Authority. (5) The Village Organisation of Self Help Groups in rural areas shall be the Village Implementing Authority. (6) Slum Level Federation of Self Help Groups in urban areas shall be the Ward Implementation Authority in urban areas. 9. Responsibilities of functionaries - (I) It shall be the responsibility of the following functionaries of Government to discharge the functions required for implementation of the Act; (a) Auxiliary Nursing Midwife shall intimate the list of pregnant mothers to the Primary Health Centre as well as to Anganwadi centre and Village/Ward Implementation Authority for the purpose of pre and post natal care; (b) Unless otherwise prescribed, the Anganwadi worker at the place of birth, shall report to the Registrar of Births and Deaths of the concerned area and the Village/ Ward Implementing Authority concerned regarding birth of the girl child within twenty one days from the date of such birth; and the Village/Ward Implementing Authority shall enter the same in the central registry electronically; (c) The Registrar of Births and Deaths at the village level/urban local body level shall register the birth and issue certificate of registration to the mother/guardian and to the Village/Ward Implementation Authority within 7 days from the date of intimation of such birth; (d) The Anganwadi Worker shall be responsible for reporting the admission of the girl child in the Anganwadi centre and her progress once a year to the Village/Ward Implementing Authority in the last week of July, and the Village/Ward implementing Authority shall update the same electronically in the central registry; (e) The Head Master shall be responsible for reporting the admission and progress of the girl child to the Village/Ward Implementing Authority once a year during the last week of July; and the Village/ Ward Implementing Authority shall update the same electronically in the central registry; (f) The Principal shall be responsible for reporting the admission and progress of the girl child once a year during the last week of July by electronically updating the central registry. (2) The State Implementing Authorities shall be responsible for electronic transfer of incentives under the Act within stipulated time as may be prescribed. (3) The District Implementing Authority shall review the implementation of the provisions of this Act and resolve difficulties if any for its smooth implementation. (4) The State Implementing Authorities shall be responsible for overseeing the timely disbursal of incentives to the beneficiary. 10. Penalties - Whoever contravenes the provisions of this Act and the rules made thereunder or fails to comply with the orders, instructions, directions etc., issued by the Government from time to time in this regard shall be liable for penalty as may be prescribed. 11. Tribal areas - The Government may from time to time, notify suitable additional arrangements and provide such other incentives as may be considered necessary for proper implementation of the provisions of this Act in tribal areas of the State. 12. Social audit - (1) The expenditure incurred under this Act shall be subjected to Social Audit to be conducted by the Society for Social Audit, Accountability and Transparency (SSAAT) in accordance with the rules framed for the conduct of social audit. (2) All observations brought out in social audit shall be acted upon by the departments concerned within 30 days from the conduct of the social audit. 13. Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions and which appear to them to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. 14. Power to issue directions - The Government may from time to time, issue such orders, instructions, directions etc., not inconsistent with the provisions of this Act, and the rules made thereunder, as may appear to them to be necessary for proper administration of the provisions of the Act which shall be complied with by such officers and other persons employed or connected with the implementation of the Act. 15. Power to make rules - (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule, shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. A. SANTHOSH REDDY, Secretary to Government, Legislative Affairs & Justice, Law Department