The Haryana Scheduled Castes (Prevention of Atrocities) Contingency Plan, 2006
Published vide Haryana Government, Welfare of Scheduled Castes and Backward Classes Department, Notification No. 1953-SW(3)06, dated 7th December, 2006
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No. 1953-SW(3)06. - In exercise of the powers conferred by Sub-rule (1) of Rule 15 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the Governor of Haryana hereby notifies the Haryana Scheduled Castes (Prevention of Atrocities) Contingency Plan for implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), namely:-
1. Short title and extent. - (1) This plan may be called the Haryana Scheduled Castes (Prevention of Atrocities) Contingency Plan, 2006.
(2) It shall extend to the whole of the State of Haryana.
2. Object. - The object of this plan to provide immediate relief/assistance to any person or group of persons or family of Scheduled Castes Community, who is a victim of atrocity.
3. Eligibility. - Any person or group of persons or family of Scheduled Castes Community, who are in the opinion of the concerned District Magistrate/Superintendent of Police/Sub Divisional Magistrate/Deputy Superintendent of Police, victims of "atrocity" reported to have been committed under Section 3(1) or 3(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 (33 of 1989), shall be eligible under this plan.
4. Relief & assistance. - First information report will be registered in the police station about the atrocity on any person or group of persons or family of Scheduled Castes Community immediately after the incident takes place. After registration of the first information report, Sub-Divisional Magistrate/Deputy Superintendent of Police will prepare a detailed report including list of victims, their family members and dependents entitled for relief and extent of atrocity, loss and damage to the property of the victim (s) and send the same to District Magistrate/Superintendent of Police with a copy of that list to the District Welfare Officer immediately. After receiving the detailed report, the District Magistrate will provide assistance/relief immediately to the victims of atrocity, their family members and dependents as per provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
5. Adhoc grant. - Every victim will be given adhoc grant of Rs. 5000/- immediately by the Deputy Commissioner concerned to meet their immediate requirements.
6. Travelling allowance and transport facilities. - (1) Every victim of atrocity, his/her dependent and witnesses shall be paid to and fro rail fare by second class in Express/Mail/Passenger Train or ordinary bus fare from his/her place of residence or place of stay to the place of investigation or hearing or trial of an offence under the Act.
(2) A lumpsum amount of Rs. 50/- as local charges i.e. from bus stand/railway station etc. to the place of investigation or hearing or trial of an offence under the Act for every visit shall be paid to and fro to the victim of atrocity, his/her dependent and witness.
(3) On calling upon by district Magistrate, Superintendent of Police, Sub-Divisional Magistrate or Deputy Superintendent of Police or any other officer the fare/local charges according to norms as shown in parts (1) and (2) shall be paid to every victim of atrocity, his/her dependent and witness.
(4) Every woman witness, the victim of atrocity or her dependent/witness being a woman or minor or a person more than sixty years of age and person having 40% or more disability shall be entitled to be accompanied by an attendant of her/his choice. The attendant shall also be paid travelling/local charges and maintenance expenses as applicable to the victims of atrocity or their witnesses when called upon during hearing/investigation and trial of an offence under the Act.
7. Daily allowance. - Every victim of atrocity or his/her dependent, the attendant and witness shall be paid daily maintenance expenses for the day(s) he/she is away from place of his/her residence during investigation, hearing and trial of an offence at the rates of minimum wages fixed for the agricultural labourers in the concerned district by the Deputy Commissioner.
8. Diet Money. - Rs. 30/- per day shall be paid to every victim of atrocity and his/her dependent/attendant and witnesses for diet.
9. Sanction/Payment of travelling allowance/transport/daily allowance/diet money. - The travelling allowance/transport/daily allowance and diet money as shown in para Nos. 5, 6 and 7 will be sanctioned and disbursed by concerned District Welfare Officer from contingency funds immediately after the hearing/witness on the same day. For this purpose Rs. 50,000/- (Fifty Thousand only) will be kept at the disposal of every District Welfare Officer so that the amount can be spent according to the requirement. For immediate arrangement the permanent advance of Rs. 2000/- may be provided to the District Welfare Officer in addition to present provision.
10. Medical facilities. - In case of crimes committed under Section 3(1) or 3(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, medicines free of cost will be provided to the victim(s) of atrocities in the Government hospitals/dispensaries. If the medicines are not available in the hospitals/dispensaries then the reimbursement of expenditure on medicines, special medical consultation, blood transfusion, replacement of essential clothing will also be made to the victim(s) of atrocity. If the victim(s) of atrocity is admitted in the hospital, then the amount will be given @ Rs. 30/- per lay to him/her and the attendant (one person only) for his/her maintenance and diet expenses. Vouchers will be verified by the Senior Medical Officer concerned and sanction/payment will be made by the District Welfare Officer concerned immediately after the receipt of vouchers.
11. Other facilities. - (1) Immediate arrangements for food, water, clothing, shelter, medical and, transport facilities and other essential items will be made by the Deputy Commissioner concerned.
(2) If the house is burnt then the immediate arrangement will be made by the Deputy Commissioner for housing the victims. In case the victim(s) leave their original place of living due to terror, immediate arrangements will be made in any safe place for their temporary stay by the Deputy Commissioner concerned till permanent arrangement is made by the Government under the provisions of Rule 12(4) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
(3) Where the source of drinking water is not available for the victims, then adequate and appropriate supply of drinking water will be arranged by the Deputy Commissioner through Public Health Department immediately.
(4) In accordance with the provisions mentioned at serial number 22 of the Schedule, Annexure-1 of Rule 12(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, in case of complete destruction or burning of house, the victim may be given benefit under Indra Awas Yojna on top priority. In case it is not possible to sanction grant under the aforesaid scheme, Rs. 50,000/- will be given for the construction of house by the Welfare of Scheduled Castes and Backward Classes Department immediately under the present Housing plan by giving due relaxation.
12. Formalities. - The benefit given under this plan will be given in addition to the relief to be provided to the victim(s) as defined under Rule 12(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, which takes some time in complete of formalities.
13. Quarterly Report. - The implementation of the Haryana Scheduled Castes (Prevention of Atrocities) Contingency Plan will be reviewed by the District Level Consultative Committee(s) already constituted by the State Government under the Chairmanship of Deputy Commissioner for monitoring the progress of cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), and the quarterly progress report will be sent of Government.
This issue with the concurrence of the Finance Department conveyed vide their U.O. No. 1/101-2002-5F.G.-II(2565), dated 7th December, 2006.