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APPENDIX C: The Scheduled Castes and Scheduled Tribes:(Prevention of Atrocities) Rules, 1995

G.S.R. 316 (E), dated 31st March, 1995.- In exercise of the powers conferred by sub-Section (1) of Sec. 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, namely:

1. Short title and commencement.-

2. Definitions.-

3. Precautionary and preventive measures.-

4. Supervision of prosecution and submission of report.-

5. Information to Police Officer in-charge of a Police Station.-

6. Spot inspection by officers.-

7. Investigating Officer.-

8. Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell.-

(v) restoring the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes;

(vi) informing the nodal officer and special officer about the law and order situation in the identified area;

(vii) making enquiries about the investigation and spot inspections conducted by various officers;

(viii) making enquiries about the action taken by the Superintendent of Police in the cases where an officer in-charge of the police station has refused to enter an information in a book to be maintained by that police station under sub-rule (3) of rule 5;

(ix) making enquiries about the wilful negligence by a public servant;

(x) reviewing the position of cases registered under the Act, and

(xi) submitting a monthly report on or before 20th day of each subsequent month to the State Government, nodal officer about the action taken proposed to be taken, in respect of the above.

9. Nomination of Nodal Officer.-

10. Appointment of a Special Officer.-

11. Travelling allowances, daily allowance, maintenance expenses and transport facilities to the victim atrocity, his or her dependent and witnesses.–

12. Measures to be taken by the District Administration.-

(4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the schedule annexed to these Rules (Annexure-I read with Annexure-II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings.

(5) The relief provided to the victim of the atrocity or his /her dependent under sub-rule (4) in respect of death, or injury to, or damage to propertyshall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force.

(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be provided by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate in accordance with the scales provided in the Schedule annexed to these rules.

(7) A report of the relief and rehabilitation facilities provided to the victims shall also be forwarded to the Special Court by the District Magis trate or the Sub-Divisional Magistrate or the Executive Magistrate or Superintendent of Police. In case the Special Court is satisfied that the payment of relief was not made to the victim or his/her dependent in time or the amount of relief or compensation was not sufficient or only a part of payment of relief or compensation was made, it may order for making in full or part the payment of relief or any other kind of assistance.

13. Selection of Officers and other State Members for completing the work relating to atrocity.-

14. Specific responsibility of the State Government.-

15. Contingency Plan by the State Government.-

(2) The State Government shall forward a copy of the contingency plan or a summary thereof and a copy of the scheme, as soon as may be, to the Central Government in the Ministry of Welfare and to all the District Magistrates, Sub-Divisional Magistrates, Inspectors-General of Police and Superintendents of Police.

16. Constitution of State-level Vigilance and Monitoring Committee.-

(2) The high power vigilance and monitoring committee shall meet at least twice in a calendar year, in the month of January and July to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, rule of different officers/agenciesresponsible for implementing the provisions of the Act and various reports received by the State Government.

17. Constitution of District Level Vigilance and Monitoring Committee.-

18. Material for Annual Report.-

ANNEXURE I
Schedule

[See rule 12 (4)]

Norms for Relief Amount

Name and Section Number of Offense

Minimum Amount of Relief

1. Drink or eat inedible or obnox ious substance [Sec. 3 (1)(i)]

2. Causing injury insult or annoyance
[Sec. 3 (1)(ii)]

3. Derogatory Act [Sec. 3 (1)(iii)]

Rs. 25,000 or more depending upon the nature and gravity of the offense to each victim and also commensurate with the indignity, insult and defamation suffered by the victim. Payment to be made as follows: 25% when the chargesheet is sent to the court; 75% when accused are convicted by the lower court.

4. Wrongful occupation or cultiva tion of land. etc. [Sec. 3 (1)(iv)]

5. Relating to land, premises and water [Sec. 3 (1)(v)]

At least Rs. 25,000 or more depending upon the nature and gravity of the offense. The land/premises/water supply shall be restored where necessary at Government cost. Full payment to be made when chargesheet is sent to the Court.

6. Begar or forced of bonded labor
[(Sec. 3 (1)(vi)]

At least Rs. 25,000 to each victim. Payment of 25% at First Information Report stage and 75% on conviction in the lower court.

7. Relating to right to franchise
[Sec. 3 (1)(vii)]

Up to Rs. 20,000 to each victim depending upon the nature and gravity of offense.

8. False, malicious or vexatious legal proceedings [Sec. 3 (1)(viii)]

9. False and frivolous information
[Sec. 3 (1)(ix)]

Rs. 25,000 or reimbursement of actual legal expenses and damages whichever is less after conclusion of the trial of the accused.

10. Insult, intimidation and humilia tion [Sec. 3 (1)(x)]

Up to Rs. 25,000 to each victim depending upon the nature of the offense. Payment of 25% when chargesheet is sent to the court and the rest on conviction.

11. Outraging the modesty of a woman [Sec. 3 (1)(xi)]

12. Sexual exploitation of a woman
[Sec. 3 (1)(xii)]

Rs. 50,000 to each victim of the offense. 50% of the amount may be paid after medical examination and remaining 50% at the conclusion of the trial.

13. Fouling of water [Sec. 3 (1)(xiii)]

Up to Rs. 1,00,000 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.

14. Denial of customary rights of passage [Sec. 3 (1)(xiv)]

Up to Rs. 1,00,000 or full cost of restoration of right of passage and full compensation of the loss suffered, if any. Payment of 50% when chargesheet is sent to the court and 50% on conviction in lower court.

15. Deserting one from their place of residence [Sec. 3 (1)(xv)]

Restoration of the site/right to stay and compensation of Rs. 25,000 to each victim and reconstruction of the house at Govt. cost, if destroyed. To be paid in full when chargesheet is sent to the lower court.

16. Giving false evidence [Sec. 3(2)(i) and (ii)]

At least Rs. 1,00,000 or full compensation of the loss or harm sustained. 50% to be paid when chargesheet is sent to Court and 50% on conviction by the lower court.

17. Committing offences under the Indian Penal Code punishable with imprisonment for a term of 10 years or more [Sec. 3(2)]

At least Rs. 50,000 depending upon the nature and gravity of the offense to each victim and or his dependents. The amount would vary if specifically provided for otherwise in the Schedule.

18. Victimization at the hands public servant [Sec. 3 (2)]

Full compensation on account of damages or loss or harm sustained. 50% to be paid when chargesheet is sent to the Court and 50% on conviction by lower court.

19. Disability.

(a) 100% incapacitation.

    (i) Non-earning member of a family.

    (ii) Earning member of a family.

(b) Where incapacitation is less than 100%.

-At least Rs. 1,00,000 to each victim of offense. 50% on FIR and 25% at chargesheet and 25% on conviction by the lower court.

-At least Rs. 2,00,000 to each victim of offense. 50% to be paid on FIR/medical examination stage, 25% when chargesheet sent to court and 25% at conviction in lower.

-The rates are laid down in (i) and (ii) above shall be reduced in the same proportion, the stages of payment also being the same. However, not less than Rs. 15,000 to a non-earning member and not less than Rs. 30,000 to an earning member of the family.

20. Murder/Death

(a) Non-earning member of a family.

(b) Earning member of a family.

-At least Rs. 1,00,000 to each case. Payment of 75% after postmortem and 25% on conviction by the lower court.

-At least Rs. 2,00,000 to each case. Payment of 75% after postmortem and 25% on conviction by the lower court.

21. Victim of murder, death, massacre, rape, mass rape and gang rape, permanent incapacitation and dacoity.

In addition to relief amount 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 SC/ST at Rs. 1,000 per month, or employment to one member of the family of the deceased, or provision of agricultural land, a 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 the Ashram Schools/residential schools.

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

22. Complete destruction/ burnt houses.

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

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