Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 18 in The Schedule Castes And the Scheduled Tribes (Prevention Of Atrocities) Rules, 1995

18. Material for annual report.

- The State Government shall every year before the 1st July, forward the report to the Central Government about the measures taken for implementing provisions of the Act and various schemes/plans framed by it during the previous calendar year.[Schedule] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).]Annexure-I[See Rule 12(4)]Norms for Relief Amount]
Sr. No. Name of the offence Minimum amount of relief
(1) (2) (3)
1. Putting any inedible or obnoxious substance[Section 3(1)(a) of the Act] One lakh rupees to the victim. Payment to thenvictim be made as follows:(i) 10 per cent. at FirstInformation Report (FIR) stage for serial numbers (2) and (3) and25 percent at FIR stage for serial numbers (1), (4) and(5);(ii) 50 per cent. when the charge sheet is sent tothe court;(iii) 40 per cent. when the accused areconvicted by the lower court for serial numbers (2) and (3) andlikewise 25 percent for serial numbers (1), (4) and (5).
2. Dumping excreta, sewage, carcasses or any otherobnoxious substance [Section 3(1)(b) of the Act]
3. Dumping excreta, waste matter, carcasses withintent to cause injury, insult or annoyance [Section 3(1)(c) ofthe Act]
4. Garlanding with footwear or parading naked orsemi-naked[Section 3(1)(d) of the Act]
5. Forcibly commiting acts such as removing clothes,forcible tonsuring of head, removing moustaches, painting face orbody [Section 3(1)(e) of the Act]
6. Wrongful occupation or cultivation of land[Section 3(1)(f) of the Act] One lakh rupees to the victim. The land orpremises or water supply or irrigation facility shall be restoredwhere necessary at Government cost by the concerned StateGovernment or Union territory Administration. Payment to thevictim be made as follows:(i) 25 per cent. at FirstInformation Report (FIR) stage;(ii) 50 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent.when the accused are convicted by the lower court.
7. Wrongful dispossession of land or premises orinterfering with the rights, including forest rights. [Section3(1)(g) of the Act]
8. Begar or other forms of forced or bonded labour[Section 3(1)(h) of the Act] One lakh rupees to the victim. Payment to be madeas follows:(i) Payment of 25 per cent. First InformationReport (FIR) stage;(ii) 50 per cent. when the chargesheet is sent to the court;(iii) 25 per cent. when theaccused are convicted by the lower court.
9. Compelling to dispose or carry human or animalcarcasses, or to dig graves [Section 3(1)(i) of the Act]
10. Making a member of the Scheduled Castes or theScheduled Tribes to do manual scavenging or employing him forsuch purpose [Section 3(1)(j) of the Act]
11. Performing, or promoting dedication of aScheduled Caste or a Scheduled Tribe woman as a devadasi [Section3(1)(k) of the Act]
12. Prevention from voting, filing nomination[Section 3(1)( l ) of the Act] Eighty-five thousand rupees to the victim.Payment to be made as follows:(i) 25 per cent. at FirstInformation Report (FIR) stage;(ii) 50 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent. whenthe accused are convicted by the lower court.
13. Forcing, intimidating or obstructing a holder ofoffice of Panchayat or Municipality from performing duties[Section 3(1)(m) of the Act]
14. After poll violence and imposition of social andeconomic boycott [Section 3(1)(n) of the Act]
15. Committing any offence under this Act for havingvoted or not having voted for a particular candidate [Section3(1)(o) of the Act]
16. Instituting false, malicious or vexatious legalproceedings [Section 3(1)(p) of the Act] Eighty-five thousand rupees to the victim orreimbursement of actual legal expenses and damages, whichever isless. Payment to be made as follows:(i) 25 per cent. atFirst Information Report (FIR) stage;(ii) 50 per cent.when the charge sheet is sent to the court;(iii) 25 percent. when the accused are convicted by the lower court.
17. Giving false and frivolous information to apublic servant [Section 3(1)(q) of the Act] One lakh rupees to the victim or reimbursement ofactual legal expenses and damages, whichever is less. Payment tobe made as follows:(i) 25 per cent. at First InformationReport (FIR) stage;(ii) 50 per cent. when the chargesheet is sent to the court;(iii) 25 per cent. when theaccused are convicted by the lower court.
18. Intentional insult or intimidation to humiliatein any place within public view [Section 3(1)(r) of the Act] One lakh rupees to the victim. Payment to be madeas follows:(i) 25 per cent. at First Information Report(FIR) stage;(ii) 50 per cent. when the charge sheet issent to the court;(iii) 25 per cent. when the accusedare convicted by the lower court.
19. Abusing by caste name in any place within publicview [Section 3(1)(s) of the Act]
20. Destroying, damaging or defiling any object heldsacred or in high esteem [ Section 3(1)(t} of the Act]
21. Promoting feelings of enmity, hatred or ill-will[ Section 3(1)(u) of the Act]
22. Disrespecting by words or any other means of anylate person held in high esteem [ Section 3(1)(v) of the Act]
23. Intentionally touching a Scheduled Caste or aScheduled Tr ibe woman without consent , using acts or gestures,as an act of sexual nature, [ Section 3(1)(w) of the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 25 per cent. at First Information Report(FIR) stage;(ii) 50 per cent. when the charge sheet issent to the court;(iii) 25 per cent. when the accused areconvicted by the lower court.
24. [Section 326A of the Indian Penal Code (45 of1860)-Voluntarily causing grievous hurt by use of acid, etc.Section 326B of the Indian Penal Code (45 of 1860)-Voluntarily throwing or attempting to throw acid. [Section3(2)(v), 3(2)(va) read with Schedule to the Act]] [Substituted by Notification No. G.S.R. 588(E), dated 27.6.2018 (w.e.f. 31.3.1995).] (a) Eight lakh and twenty-five thousand rupees tothe victim with burns exceeding and 2 per cent and above burns onface or in case of functional impairment of eye, ear, nose andmouth and or burn injury on body exceeding 30 per cent;(b)four lakh and fifteen thousand rupees to the victim with burnsbetween 10 per cent. to 30 per cent. on the body;(c)eighty-five thousand rupees to the victim with burns less than 10per cent. on the body other than on face.In addition,the State Government or Union territory Administration shall takefull responsibility for the treatment of the victim of acidattack.The payment in terms of items (a) to (c) are tobe made as follows:(i) 50 per cent. at First InformationReport (FIR) stage;(ii) 50 per cent. after receipt ofmedical report.
25. Section 354 of the Indian Penal Code (45 of 1860)-- Assault or criminal force to woman with intent to outrage hermodesty. [Section 3(2) (va) read with Schedule to the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 50 per cent. at First Information Report(FIR) stage;(ii) 25 per cent. when the charge sheet issent to the court;(iii) 25 per cent. on conclusion oftrial by the lower court.
26. Section 354A of the Indian Penal Code (45 of1860)--Sexual harassment and punishment for sexual harassment.[[Section 3 (a) (va)] [Substituted 'Section 32)(va)' by Notification No. G.S.R. 588(E), dated 27.6.2018 (w.e.f. 31.3.1995).]read with Schedule to the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 50 per cent. at First Information Report(FIR) stage;(ii) 25 per cent. when the charge sheet issent to the court;(iii) 25 per cent. on conclusion oftrial by the lower court.
27. Section 354 B of the Indian Penal Code (45 of1860)-- Assault or use of criminal force to woman with intent todisrobe [ Section 3(2)(va) read with Schedule to the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 50 per cent. at First Information Report(FIR) stage;(ii) 25 per cent. when the charge sheet issent to the court;(iii) 25 per cent. on conclusion oftrial by the lower court.
28. Section 354 C of the Indian Penal Code (45 of1860)-- Voyeurism. [Section 3(2)(va) read with Schedule to theAct] Two lakh rupees to the victim. Payment to be madeas follows:(i) 10 per cent. at First Information Report(FIR) stage(ii) 50 per cent. when the charge sheet issent to the court.(iii) 40 per cent. when the accused areconvicted by the lower court.
29. Section 354 D of the Indian Penal Code (45 of1860) -- Stalking. [Section 3(2)(va) read with Schedule to theAct] Two lakh rupees to the victim. Payment to be madeas follows:(i) 10 per cent. at First Information Report(FIR) stage;(ii) 50 per cent. when the charge sheet issent to the court;(iii) 40 per cent. when the accusedare convicted by the lower court.
30. Section 376B of the Indian Penal Code (45 of1860)-- Sexual intercourse by husband upon his wife duringseparation. [Section 3(2)(va) read with Schedule to the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 50 per cent. after medical examination andconfirmatory medical report;(ii) 25 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent. whenthe accused are convicted by the lower court.
31. Section 376C of the Indian Penal Code (45 of1860) -- Sexual intercourse by a person in authority. [Section3(2)(va) read with Schedule to the Act] Four lakh rupees to the victim. Payment to bemade as follows:(i) 50 per cent. after medicalexamination and confirmatory medical report;(ii) 25 percent. when the charge sheet is sent to the court;(iii)25 per cent. on conclusion of trial by the lower court.
32. Section 509 of the Indian Penal Code (45 of1860)-- Word, gesture or act intended to insult the modesty of awoman. [Section 3(2)(va) read with Schedule to the Act] Two lakh rupees to the victim. Payment to be madeas follows:(i) 25 per cent. at First Information Report(FIR) stage;(ii) 50 per cent. when the charge sheet issent to the court;(iii) 25 per cent. when the accusedare convicted by the lower court.
33. Fouling or corrupting of water [ Section 3(1)(x)of the Act] Full cost of restoration of normal facility,including cleaning when the water is fouled, to be borne by theconcerned State Government or Union territory Administration. Inaddition, an amount of eight lakh twenty-five thousand rupeesshall be deposited with the District Magistrate for creatingcommunity assets of the nature to be decided by the DistrictAuthority in consultation with the Local Body.
34. Denial of customary right of passage to a placeof public resort or obstruction from using or accessing publicresort [ Section 3(1)(y) of the Act] Four lakh twenty-five thousand rupees to thevictim and cost of restoration of right of passage by theconcerned State Government or Union territory Administration.Payment to be made as follows:(i) 25 per cent. at FirstInformation Report (FIR) stage;(ii) 50 per cent. whenthe charge sheet is sent to the court;(iii) 25 per cent.when the accused are convicted by the lower court.
35. Forcing of causing to leave house, village,residence desert place of residence [Section 3(1)(z) of the Act] Restoration of the site or right to stay inhouse, village or other place of residence by the concerned StateGovernment or Union territory Administration and relief of onelakh rupees to the victim and reconstruction of the house atGovernment cost, if destroyed. Payment to be made as follows:(i) 25 per cent. at First Information Report (FIR)stage;(ii) 50 per cent. when the charge sheet is sent tothe court;(iii) 25 per cent. when the accused areconvicted by the lower court.
36. Obstructing orpreventing a member of a Scheduled Caste or a Scheduled Tribe inany manner with regard to—(A) using commonproperty resources of an area, or burial or cremation groundequally with others or using any river, stream, spring, well,tank, cistern, water-tap or other watering place, or any bathingghat, any public conveyance, any road, or passage [Section3(1)(za)(A) of the Act](B) mounting or ridingbicycles or motor cycles or wearing footwear or new clothes inpublic places or taking out wedding procession, or mounting ahorse or any other vehicle during wedding processions [Section3(1)(za)(B) of the Act](C) entering any placeof worship which is open to the public or other personsprofessing the same religion or taking part in, or taking out,any religious, social or cultural processions including jatras[Section 3(1)(za)(C) of the Act](D) entering anyeducational institution, hospital, dispensary, primary healthcentre, shop or place of public entertainment or any other publicplace; or using any utensils or articles meant for public use inany place open to the public[Section 3(1)(za)(D) of the Act](E) practicing any profession or the carrying onof any occupation, trade or business or employment in any jobwhich other members of the public, or any section thereof, have aright to use or have access to [Section 3(1)(za)(E) of the Act]stage; (A):Restoration of the right using common property resources of anarea, or burial or cremation ground equally with others or usingany river, stream, spring, well, tank, cistern, water-tap orother watering place, or any bathing ghat, any public conveyance,any road, or passage equally with others, by the concerned StateGovernment or Union Territory Administration and relief of onelakh rupees to the victim. Payment to be made as follows:(i)25 per cent. at First Information Report (FIR) stage;(ii) 50per cent. when the charge sheet is sent to the court;(iii) 25per cent. when the accused are convicted by the lower court.(B): Restoration ofthe right of mounting or riding bicycles or motor cycles orwearing footwear or new clothes in public places or taking outwedding procession, or mounting a horse or any other vehicleduring wedding processions, equally with others by the concernedState Government or Union territory Administration and relief ofone lakh rupees to the victim. Payment to be made as follows:(i) Payment of 25 per cent. at First Information Report (FIR)stage;(ii) 50 per cent. when the charge sheet is sent to thecourt;(iii) 25 per cent. when the accused are convicted bythe lower court;(C): Restoration ofthe right of entering any place of worship which is open to thepublic or other persons professing the same religion or takingpart in, or taking out any religious procession or jatras, as isopen to the public or other persons professing the same religion,social or cultural processions including jatras, equally withother persons, by the concerned State Government or Unionterritory Administration and relief of one lakh rupees to thevictim. Payment to be made as follows:(i) 25 per cent. atFirst Information Report (FIR) stage(ii) 50 per cent. whenthe charge sheet is sent to the court.(iii) 25 per cent. whenthe accused are convicted by the lower court.(D): Restoration ofthe right of entering any educational institution, hospital,dispensary, primary health centre, shop or place of publicentertainment or any other public place; or using any utensils orarticles meant for public use in any place open to the public,equally with other persons by the concerned State Government orUnion territory Administration and relief of one lakh rupees tothe victim. Payment to be made as follows:(i) 25 per cent. atFirst Information Report (FIR)(ii) 50 per cent. when thecharge sheet is sent to the court; (iii) 25 per cent. when theaccused are convicted by the lower court.(E): Restoration of the right of practicing anyprofession or the carrying on of any occupation, trade orbusiness or employment in any job which other members of thepublic, or any section thereof, have a right to use or haveaccess to, by the concerned State Government/Union territoryAdministration and relief of one lakh rupees to the victim.Payment to be made as follows:(i) 25 per cent. at FirstInformation Report (FIR) stage;(ii) 50 per cent. whenthe charge sheet is sent to the court;(iii) 25 per cent.when the accused are convicted by the lower court.
37. Causing physical harm or mental agony on theallegation of being a witch or practicing witchcraft or being awitch [Section 3(1)(zb) of the Act] One lakh rupees to the victim and alsocommensurate with the indignity, insult, injury and defamationsuffered by the victim. Payment to be made as follows:(i)25 per cent. at First Information Report (FIR) stage;(ii)50 per cent. when the charge sheet is sent to the court;(iii)25 per cent. when the accused are convicted by the lower court.
38. Imposing or threatening a social or economicboycott. [Section 3(1)(zc) of the Act] Restoration of provision of all economic andsocial services equally with other persons, by the concernedState Government or Union territory Administration and relief ofone lakh rupees to the victim. To be paid in full when chargesheet is sent to the lower court.
39. Giving or fabricating false evidence [Section3(2)(i) and (ii) of the Act] Four lakh fifteen thousand rupees to the victim.Payment to be made as follows:(i) 25 per cent. at FirstInformation Report (FIR) stage;(ii) 50 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent.when the accused are convicted by the lower court.
40. Committing offences under the Indian Penal Code(45 of 1860) punishable with imprisonment for a term of ten yearsor more [Section 3(2) of the Act] Four lakh rupees to the victim and or hisdependents. The amount would vary, if specifically otherwiseprovided in this Schedule. Payment to be made as follows:(i)25 per cent. at First Information Report (FIR) stage;(ii)50 per cent. when the charge sheet is sent to the court;(iii)25 per cent. when the accused are convicted by the lower court.
41. Committing offences under the Indian Penal Code(45 of 1860) specified in the Schedule to the Act punishable withsuch punishment as specified under the Indian Penal Code for suchoffences[ Section 3(2) (va) read with the Schedule to the Act] Two lakh rupees to the victim and or hisdependents. The amount would vary if specifically otherwiseprovided in this Schedule. Payment to be made as follows:(i)25 per cent. at First Information Report (FIR) stage;(ii)50 per cent. when the charge sheet is sent to the court;(iii)25 per cent. when the accused are convicted by the lower court;
42. Victimisation at the hands of a public servant[Section 3(2) (vii) of the Act] Two lakh rupees to the victim and or hisdependents. Payment to be made as follows:(i) 25 percent. at First Information Report (FIR) stage;(ii) 50 percent. when the charge sheet is sent to the court;(iii) 25per cent. when the accused are convicted by the lower court.
43. Disability. Guidelinesfor evaluation of various disabilities and procedure forcertification as contained in the Ministry of Social Justice andEmpowerment Notification No. 16-18/97-NI, dated the 1st June,2001. A copy of the notification is at Annexure-II.(a)100 per cent. Incapacitation(b) whereincapacitation is less than 100 per cent. but more than 50 percent.(c) where incapacitation is less than 50 percent. Eight lakh and twenty-five thousand rupees to thevictim. Payment to be made as follows:(i) 50 per cent. aftermedical examination and confirmatory medical report;(ii) 50per cent. when the charge sheet is sent to the court;Fourlakh and fifty thousand rupees to the victim. Payment to be madeas follows:(i) 50 per cent. after medical examination andconfirmatory medical report;(ii) 50 per cent. when the chargesheet is sent to the court;Two lakh and fifty thousandrupees to the victim. Payment to be made as follows:(i) 50per cent. after medical examination and confirmatory medicalreport;(ii) 50 per cent. when the charge sheet is sent to thecourt.
44. [Rape, Unnatural Offences or Gang rape.] [Substituted 'Rape or Gang rape.' by Notification No. G.S.R. 588(E), dated 27.6.2018 (w.e.f. 31.3.1995).][(i) Rape etc., or Unnatural Offences (Sections 375, 376, 376A, 376E and 377 of the Indian Penal Code (45 of 1860)).] [[Substituted '(i) Rape[Section 375 ofthe Indian Penal Code(45 of 1860)]' by Notification No. G.S.R. 588(E), dated 27.6.2018 (w.e.f. 31.3.1995).]](ii) Gangrape [Section 376D of the Indian Penal Code( 45 of 1860)] Five lakh rupees to the victim. Payment to bemade as follows:(i) 50 per cent. after medical examinationand confirmatory medical report;(ii) 25 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent. onconclusion of trial by the lower court.Eight lakh andtwenty-five thousand rupees to the victim. Payment to be made asfollows:(i) 50 per cent. after medical examination andconfirmatory medical report;(ii) 25 per cent. when thecharge sheet is sent to the court;(iii) 25 per cent. onconclusion of trial by the lower court.
45. Murder or Death. Eight lakh and twenty-five thousand rupees to thevictim. Payment to be made as follows:(i) 50 per cent.after post mortem report;(ii) 50 per cent. when thecharge sheet is sent to the court.
46. Additional relief to victims of murder, death,massacre, rape, gang rape, permanent incapacitation and dacoity. In addition to relief amounts paid under aboveitems, relief may be arranged within three months of date ofatrocity as follows:-(i) Basic Pension to the widow orother dependents of deceased persons belonging to a ScheduledCaste or a Scheduled Tribe amounting to five thousand rupees permonth, as applicable to a Government servant of the concernedState Government or Union territory Administration, withadmissible dearness allowance and employment to one member of thefamily of the deceased, and provision of agricultural land, anhouse, if necessary by outright purchase;(ii) Full costof the education up to graduation level and maintenance of thechildren of the victims. Children may be admitted to Ashramschools or residential schools, fully funded by the Government;(iii) Provision of utensils, rice, wheat, dals, pulses,etc., for a period of three months.
47. Complete destruction or burnt houses. Brick or stone masonary house to be constructedor provided at Government cost where it has been burnt ordestroyed.
Annexure IiNOTIFICATION NO. 4-2/83-HW.IIIGOVERNMENT OF INDIAMINISTRY OF WELFARENew Delhi, the 6th August, 1986Subject: Uniform Definitions of the Physically HandicappedAt present, different definitions for various categories of handicapped are adopted in various schemes/programmes of the Central and State Governments. In order to have a standard set of definitions, authorized certification authorities and standard tests for purpose of objective certification, Government of India, Ministry of Welfare set up three committees under the Chairmanship of Director General of Health services-one each in the area of visual handicaps, speech and hearing disorders and locomotor disabilities and a separate Committee for mental handicaps.