Section 4 in The Schedule Castes And the Scheduled Tribes (Prevention Of Atrocities) Rules, 1995
4. Supervision of prosecution and submission of report.
- [(1) The State Government, on the recommendation of the District Magistrate , shall prepare for each District a panel of such number of eminent senior advocates who have been in practice for not less than seven years, as it may deem necessary for conducting cases in the Special Courts and Exclusive Special Courts.(1A)The State Government in consultation with the Director Prosecution or in charge of the prosecution, shall also specify a panel of such number of Public Prosecutors and Exclusive Special Pubic Prosecutors, as it may deem necessary for conducting cases in the Special Courts and Exclusive Special Courts, as the case may be.(1B)Both the panels referred to in sub-rule (1) and sub-rule (1A) shall be notified in the Official Gazette of the State and shall remain in force for a period of three years.] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).](2)The District Magistrate and the Director of Prosecution/in-charge of the prosecution shall review at least twice in a calendar year, in the months of January and July, the performance of [Special Public Prosecutors and Exclusive Special Public Prosecutors] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).] so specified or appointed and submit a report to the State Government.(3)If the State Government is satisfied or has reason to believe that a [Special Public Prosecutors or an Exclusive Special Public Prosecutors] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).] so appointed or specified has not conducted the case to the best of his ability and with due care and caution, his name may be, for reasons to be recorded in writing, denotified.(4)[ The District Magistrate and the officer-in-charge of the prosecution at the District level, shall review,-(a)the position of cases registered under the Act ;(b)the implementation of the rights of victims and witnesses, specified under the provisions of Chapter IV A of the Act,and submit a monthly report on or before 20th day of each subsequent month to the Director of Prosecution and the State Government, which shall specify the actions taken or proposed to be taken in respect of investigation and prosecution of each case.] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).](5)Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional Magistrate may, if deem necessary or if so desired by the victims of atrocity engage an eminent Senior Advocate for [conducting cases in the Special Courts or Exclusive Special Courts] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).] on such payment of fee as he may consider appropriate.(6)Payment of fee to the [Special Public Prosecutors and Exclusive Special Public Prosecutors] [Substituted by Notification No. G.S.R. 424(E), dated 14.4.2016 (w.e.f. 31.3.1995).] shall be fixed by the State Government on a scale higher than the other panel advocates in the State.
