Notification, 2014

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 331] NEW DELHI, MONDAY, JUNE 23, 2014/ASADHA 2, 1936 [P&PT 12(4) Sffelj)] 3 * T * .

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MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

(Department of Social Justice and Empowerment)

NOTIFICATION

New Delhi, the 23rd June, 2014

G.S.R. 416 (E).—In exercise of the powers conferred by sub-section (1) of Section 23 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), the Central Government hereby makes the following rules further to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, namely:— 1.(1) These rules may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, for the Schedule and Annexure-I, the following Schedule and Annexure-I shall be substituted, namely:— “SCHEDULE

ANNEXURE-I

[see rule 12(4)]

NORMS FOR RELIEF AMOUNT

Sl. No.

Name of the Offence Drink or eat inedible or obnoxious substance [Section 3 (1) (i)] Causing injury insult or annoyance [Section 3(1)(ii)] Derogatory act [Sec. 3(1) (iii)] Wrongful occupation or cultivation of land, etc. [Section 3(1)(iv)] Relating to land, premises and water [Section 3(1)(v)] Begar or forced or bonded labour [Section 3(1) (vi)] Relating to right to franchise {Section 3(1)(vii)} False, malicious or vexatious legal Minimum amount of Relief Ninety thousand rupees or more depending upon the nature and gravity of the offence to each victim and also commensurate with the indignity, insult, injury and defamation suffered by the victim.

Payment to be made as follows - I. 25 per cent when the charge sheet is sent to the court II. 75 per cent when accused are convicted by the lower court. At least Ninety thousand rupees or more depending upon the nature and gravity of the offence. The land or premises or water supply shall be restored where necessary at Government cost. Full payment to be made when charge-sheet is sent to the court. At least Ninety thousand rupees to each victim. Payment of 25 per cent at First Information Report stage and 75 per cent on conviction in the lower court. Upto Seventy five thousand rupees to each victim depending upon the nature and gravity of the offence.

Ninety thousand rupees or reimbursement of actual legal expenses and damages or proceedings [Section 3(1) (viii)] False and frivolous information [Section 3 (1)(ix)] Insult, intimidation and humiliation [Section 3 (1)(x)] Outraging the modesty of a woman [Section 3 (1)(xi)] Sexual exploitation of a woman [Section 3(1)(xii)] Fouling of water [Section 3 (1) (xiii)] Denial of customary rights of passage[Section 3(1) (xiv)] Making one desert place of Giving false evidence [Section 3(2)(i) and (ii)] Committing offences under the Indian Penal Code punishable with imprisonment for a term of ten years or more [Section 3 (2)(v)] Victimization at the hands of a public Disability. The definition of disability shall be as given in section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and guidelines for their assessment shall be as contained in the Ministry of Social Justice and Empowerment, Government of India Notification No. 154, dated the 1st June, 2001, as amended from time to time. A copy of the notification is at Annexure – II to the Schedule.

(a) 100 per cent incapacitation

(i) Non- earning Member of a family

(ii) Earning Member of a family

(b) Where incapacitation is less than 100 per cent Murder or Death

(a) Non-earning Member of a family

(b) Earning Member of a family Victim of murder, death, massacre, rape mass rape and gang rape, permanent incapacitation and dacoity whichever is less after conclusion of the trial of the accused. Upto Ninety thousand rupees to each victim depending upon the nature of the offence. Payment of 25 per cent when charge-sheet is sent to the court and rest on conviction.

One lakh eighty thousand rupees to each victim of the offence. 50 per cent of the amount may be paid after medical examination and remaining 50 per cent at the conclusion of the trial.

Upto Three lakh seventy five thousand rupees or full cost of restoration of normal facility, including cleaning when the water is fouled. Payment may be made at the stage as deemed fit by District Administration.

Upto Three lakh seventy five thousand or full cost of restoration of right of passage and full compensation of the loss suffered, if any. Payment of 50 per cent when charge sheet is sent to the court and 50 per cent on conviction in lower-court. Restoration of the site or right to stay and compensation of Ninety thousand rupees to each victim and reconstruction of the house at Government cost, if destroyed. To be paid in full when charge sheet is sent to the lower court. At least Three lakh seventy five thousand rupees or full – compensation of the loss or harm sustained. 50 per cent to be paid when charge sheet is sent to Court and 50 per cent on conviction by the lower court.

At least One lakh eighty thousand rupees depending upon the nature and gravity of the offence to each victim and or his dependents. The amount shall vary if specifically otherwise provided in the Schedule.

Same as the compensation payable, if the accused was not a public servant. At least Three lakh seventy five thousand rupees to each victim of offence. 50 per cent on First Information Report and 25 per cent at charge sheet and 25 per cent on conviction by the lower court.

At least Seven lakh fifty thousand rupees to each victim of offence, 50 per cent to be paid on First Information Report or Medical examination stage, 25 per cent when charge-sheet sent to court and 25 per cent at conviction in lower court. Provided that an amount of not less than sixty thousand rupees from the amount payable to non-earning member of a family and an amount of not less than one lakh twenty thousand rupees from the amount payable to an earning member of a family may be reduced.

At least three lakh seventy five thousand rupees to each case. Payment of 75 per cent after postmortem and 25 per cent on conviction by the lower court. At least Seven lakh fifty thousand rupees to each case. Payment of 75 per cent after postmortem and 25 per cent on conviction by the lower court. In addition to relief amounts paid under above items, relief may be arranged within three months of date of atrocity as follows -

(i) Pension to each widow and / or other dependents of deceased Scheduled Castes and Scheduled Tribes @ Four thousand five hundred rupees per month, or employment to one member of the family of the deceased, or provision of agricultural land, an house, if necessary by outright purchase.

(ii) Full cost of the education and maintenance of the children of the victims. Children may be admitted to Ashram Schools or residential schools. 22 Complete destruction or burnt houses

(iii) Provision of utensils, rice, wheat, dals, pulses, etc. for a period of three month.

Brick or stone masonary house to be constructed or provided at Government cost where it has been burnt or destroyed”.

SANJEEV KUMAR, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary vide notification number

G.S.R. 316(E), dated the 31st March, 1995 and subsequently amended vide notification

G.S.R. 896(E), dated the 23rd December, 2011.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989