THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) RULES, 1995.

RULES ON PREVENTION OF ATROCITIES

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) RULES, 1995.

Govt. of India

Ministry of Welfare

New Delhi, the 31st March 1995

NOTIFICATION

G.S.R. 316(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, namely: --

1.  Short title and commencement.—

(1)  These rules may be  called  the  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

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

2. Definitions. —In these rules, unless the context otherwise requires: --

(a) “Act”  means  the  Scheduled  Castes  and  the  Scheduled  Tribes  (Prevention  of Atrocities) Act, 1989 (33 of 1989);

(b) “dependent”, with its grammatical variations and cognate expressions, includes wife, children, whether married or unmarried, dependent parents, widowed sister, widow and children of pre-deceased son of a victim of atrocity;

(c) “identified area,” means such area where State Government has reason to believe that atrocity may take place or there is an apprehension of reoccurrence of an offence under the Act or an area prone to victim of atrocity;

(d) “Non-Government  Organisation”   means   a   voluntary   organisation engaged in  the  welfare  activities  relating  to  the  Scheduled  Castes  and  the  Scheduled Tribes and registered under the Societies Registration Act, 1866 (21 of 1960) or under any law for the registration of documents or such organisation for the time being in force;

(e) “Schedule” means the Schedule annexed to these rules;

(f)  “Section” means section of the Act;

(g) “State   Government”, in relation to a Union Territory, means the Administrator of that Union Territory appointed by the President under Article 239 of the Constitution;

(h) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

1.   Precautionary and Preventive Measures. —

(1) With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes, the State Government shall: --

(i) identify the area where it  has  reason  to  believe  that  atrocity  may  take place or there is  an  apprehension  of reoccurrence of  an  offence under the Act;

(ii) order the District  Magistrate  and  Superintendent  of Police or any other officer to visit the identified area and review the law and order situation;

(iii) if deem necessary, in the identified area cancel the  arms  licences  of  the persons, not being member of the Scheduled Castes or Scheduled Tribes, their near relations, servants or employees and family friends and get such arms deposited in the Government Armoury;

(iv) seize all illegal fire arms and prohibit any illegal manufacture of fire arms

(v) with a  view  to  ensure  the  safety  of  person  and   property,  if  deemed necessary, provide arms licences to the members of the  Scheduled  Castes and the Scheduled Tribes;

(vi) Constitute a  high  power  State-level  committee,  district  and  divisional level committees or such number of other committees as deem proper and necessary for assisting  the  Government  in implementation  of  the provisions of the Act;

(vii) set-up a vigilance  and  monitoring  committee  to  suggest  effective measures to implement the provisions of the Act;

(viii) set-up Awareness Centres and organise Workshops in the  identified  area or at some other place to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules, regulations and schemes framed there under;

(ix)  encourage  Non-Government Organisations  for establishing and maintaining Awareness Centres  and  organising  Workshops  and  provide them necessary financial and other sort of assistance;

(x) deploy special police force in the identified area;

(xi) by the end of every quarter, review the law and order  situation,  functioning of different committees, performance of Special  Public  Prosecutors, Investigating   Officers   and   other   Officers responsible   for   implementing   the provisions of the Act and the cases registered under the Act.

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 has been in practice for not less than seven years, as it may deem necessary for conducting  cases  in  the  Special  Courts.  Similarly,  in  consultation  with  the Director Prosecution/ in-charge of the prosecution, a panel of such number of Public Prosecutors as it may deem necessary for conducting cases in the Special Courts, shall also be specified. Both these panels shall be notified in the Official Gazette of the State and shall remain in force for a period of three years.

(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 month of January and July, the performance of Special Public Prosecutors 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 Prosecutor so appointed or specified has not conducted the case to the best of the 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 the position of cases registered under 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.  This report shall specify the actions taken/proposed to be taken in respect of investigation and prosecution of each case.

(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 on such payment of fee as he may consider appropriate.

(6) Payment of fee to the Special Public Prosecutor shall be fixed by the State Government on a scale higher than the other panel advocates in the State.

5. INFORMATION TO POLICE OFFICER IN-CHARGE OF A POLICE STATION:

(1) Every information relating to the commission of an offence under the Act, if given orally to an officer-in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered in a book to be maintained by that police station.

(2) A copy of the information as so recorded under sub-rule (1) above shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in-charge of a police station  to  record  the  information  referred  to  in  sub-rule  (1)  may  send  the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing  to  the  officer  in-charge  of  the  concerned  police  station  to  enter  the substance of that information to be entered in the book to be maintained by that police station.

6. Spot inspection by officers. —

(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other Executive  Magistrate  or  any  police  officer  not  below  the  rank  of  Deputy Superintendent of Police receives an information from any person or upon his own  knowledge  that  an  atrocity  has  been  committed  on  the  members  of  the Scheduled  Castes  or  the  Scheduled  Tribes  within  his  jurisdiction,  he  shall immediately himself visit the place of occurrence to assess the extent of atrocity, loss of life, loss and damage to the property and submit a report forthwith to the State Government.

(2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate and the Superintendent of Police/Deputy Superintendent of Police after inspecting the place or area shall on the spot: --

(i) draw a list of victims, their family members and dependents entitled for relief;

(ii) prepare a detailed report of the extent of atrocity loss and damage to the property of the victims;

(iii) order for intensive police patrolling in the area;

(iv) take  effective  and  necessary  steps  to  provide  protection  to  the witnesses and other sympathizers  of the victims;

(v) provide immediate relief to the victims;

7. INVESTIGATING OFFICER:

(1) An offence committed under the Act shall be investigated by a police officer   not   below   the   rank of   a   Deputy   Superintendent   of   Police.   The investigating officer shall be appointed by the State Government/Director General  of  Police/Superintendent  of  Police  after  taking  into  account  his  past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time.

(2) The  investigating  officer  so  appointed  under  sub-rule  (1)  shall  complete  the investigation on  top  priority  within  thirty  days  and  submit  the  report  to  the Superintendent of Police who in turn will immediately forward the report to the Director General of Police of the State Government.

(3) The Home Secretary and the Social Welfare Secretary to the State Government, Director of Prosecution, the officer in-charge of Prosecution and the Director General of Police shall review by the end of every quarter the position of all investigations done by the investigating officer.

8.  SETTING  UP  OF  THE  SCHEDULED  CASTES  AND  THE  SCHEDULED  TRIBES  PROTECTION CELL:

(1) The State Government shall set up a Scheduled Castes and the Scheduled Tribes Protection Cell at the State head quarter under the charge of Director of Police/Inspector General of Police. This Cell shall be responsible for: --

(i) conducting survey of the identified area;

(ii) maintaining public order and tranquility in the identified area;

(iii) recommending to the State Government for deployment of special police force or establishment of special police post in the identified area;

(iv)  making investigations about the probable causes leading to an offence under the Act;

(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 willful 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:

The State Government shall  nominate  a   nodal   officer  of the  level  of  a Secretary to the State Government preferably belonging to   the   Scheduled   Castes   or the Scheduled Tribes, for coordinating the functioning of the District Magistrates and Superintendents of Police or other officers authorised by them   investigating   officers and other officers responsible for implementing the provisions of the Act. By the end of the every quarter, the nodal officer shall review: --

(i) the reports received by the State Government under sub-rule (2) and (4) of rule 4, rule 6, clause (xi) of rule 8.

(ii) the position of cases registered under the Act;

(iii) law and order situation in the identified area;

(iv) various kinds of measures adopted for providing immediate relief in cash or kind or both to the victims of atrocity or his or her dependent;

(v) adequacy of immediate facilities like rationing, clothing, shelter, legal aid, travelling allowance, daily allowance and transport facilities provided to the victim of atrocity or his/her dependents;

(vi) performance of non-Governmental organizations, the Scheduled Castes and the Scheduled Tribes Protection Cell, various committees and the public servants responsible for implementing the provisions of the Act.

10.  APPOINTMENT OF A SPECIAL OFFICER:

In the identified area a Special Officer not below the rank of an Additional District Magistrate shall  be appointed  to  co-ordinate with  the District  Magistrate,  Superintendent  of Police  or  other  officers  responsible  for  implementing  the  provisions  of  the  Act,  various committees and the Scheduled Castes and the Scheduled Tribes Protection Cell.

The Special Officer shall be responsible for;

(i) providing immediate relief and other facilities to the victims of atrocity and initiate necessary measures to prevent or avoid re-occurrence of atrocity;

(ii) setting up an awareness centre and organising workshop in the identified area or at the district head quarters to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules and schemes etc. framed therein;

(iii) coordinating  with  the  Non-Governmental  organisations  and  providing  necessary facilities  and  financial  and  other  type  of  assistance  to  non-Governmental  Organisation  for maintaining centers or organising workshops;

11. TRAVELLING                  ALLOWANCE,   DAILY    ALLOWANCE,     MAINTENANCE EXPENSES AND TRANSPORT   FACILITIES   TO   THE   VICTIM   OF   ATROCITY,   HIS   OR   HER   DEPENDENT   AND WITNESSES:

(1) Every victim of atrocity or his/her dependent and witnesses shall be paid to and fro rail fare by second class in express/mail/passenger train or actual bus or taxi fare from his or her place of residence or place of stay to the place of investigation or hearing of trial of an offence under the Act.

(2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall   make   necessary   arrangements   for   providing   transport   facilities   or reimbursement of full payment thereof to the victims of atrocity and witnesses for visiting the investigating  officer,  Superintendent  of  Police/Deputy  Superintendent  of  Police,  District Magistrate or any other Executive Magistrate.

(3) Every woman witness, the victim of atrocity or her dependent being a woman or a minor, a person more than sixty years of age and a person having 40 percent or more disability shall be entitled to be accompanied by an attendant of her/ his choice. The attendant shall also be paid travelling and maintenance expenses as applicable to the witness or the victim of atrocity when called upon during hearing, investigation and trial of an offence under the Act.

(4) The witness, the victims of atrocity or his/her dependent and the attendant shall be paid daily maintenance expenses, for the days he/she is away from the place of his/her residence or stay during investigation, hearing and trial of an offence, at such rates but not less than the minimum wages, as may be fixed by the State Government for the agricultural labourers.

(5) In addition to daily maintenance expenses the witness, the victim of atrocity (or his/her dependent) and the attendant shall also be paid diet expenses at such rates as may be fixed by the state Government from time to time.

(6) The payment of travelling allowance, daily allowance, maintenance expenses and reimbursement of transport facilities shall be made immediately or not later than three days by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate to the victims their dependents/attendant and witnesses for the days they visit the investigating officer or   in-charge   police   station   or   hospital   authorities   or   Superintendent   of   Police/Deputy Superintendent of Police or District Magistrate or any other officer concerned or the Special Court.

(7)  When  an  offence  has  been  committed  under  Section  3  of  the  Act,  the  District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall reimburse the  payment  of  medicines,  special  medical  consultation,  blood  transfusion,  replacement  of essential clothing, meals and fruits provided to the victim(s) of atrocity.

12. MEASURES TO BE TAKEN BY THE DISTRICT ADMINISTRATION:

(1) The District Magistrate and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life and damage to the property and draw a list of victims, their family members and dependents entitled for relief.

(2) Superintendent of Police shall ensure that the First Information Report is registered in the book of the concerned police station and effective measures for apprehending the accused are taken.

(3) The Superintendent of Police, after spot inspection, shall immediately appoint an investigation officer and deploy such police force in the area and take such other preventive measures as he may deem proper and necessary.

(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 property shall 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 Magistrate 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  STAFF  MEMBERS  FOR  COMPLETING  THE  WORK RELATING TO ATROCITY:

(1) The State Government shall ensure that the administrative officers and other staff members to be appointed in an area prone to atrocity shall have the right aptitude and understanding of the problems of the Scheduled Castes and the Scheduled Tribes.

(2) It shall also be ensured by the State Government that person from the Scheduled Castes and the Scheduled Tribes are adequately represented in the administration and in the police force at all levels, particularly at the level of police posts and police station.

14. SPECIFIC RESPONSIBILITY OF THE STATE GOVERNMENT:

The  State  Government  shall  make  necessary  provisions  in  its  annual  budget  for providing relief and rehabilitation facilities to the victims of atrocity. It shall review at least twice in a calendar year, in the month of January and July the performance of the Special Public Prosecutor  specified  or  appointed  under  Section  15  of  the  Act,  various  reports  received, investigation  made  and  preventive  steps  taken  by  the  District  Magistrate,  Sub-Divisional Magistrate  and  Superintendent  of  Police,  relief  and  rehabilitation  facilities  provided  to  the victims and the reports in respect of lapses on behalf of the concerned officers.

15. CONTINGENCY PLAN BY THE STATE GOVERNMENT:

(1) The State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in the Official Gazette of the State Government. It should specify the role and responsibility of various departments and their officers at different levels, the role and responsibility of Rural/Urban Local  Bodies  and  Non-Government  Organizations.  Inter  alia,  this  plan  shall contain a package of relief measures including the following: -

(a) scheme to provide immediate relief in cash or in kind or both;

(b) allotment of agricultural land and house sites

(c) the rehabilitation packages;

(d) scheme  for  employment  in  Government  or  Government  undertaking  to  the dependent or one of the family members of the victim;

(e) pension scheme for widows, dependant children of the deceased, handicapped or old age victims of atrocity;

(f)  mandatory compensation for the victims;

(g) scheme for strengthening the socio-economic condition of the victim;

(h) provisions for providing brick/stone masonry house to the victims;

(i)  such   other   elements   as   health   care,   supply   of   essential   commodities, electrification, adequate drinking water facility, burial/cremation ground and link roads to the Scheduled Castes and the Scheduled Tribes habitats.

(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:

(1)The  State  Government  shall  constitute  a  high  power  vigilance  and  monitoring committee of not more than 25 members consisting of the following:

(i)  Chief Minister/Administrator—Chairman; (In case of a State under President’s Rule, Governor—Chairman)

(ii) Home Minister, Finance Minister and Welfare Minister—Members. (In case of a State under President’s Rule, Advisors—Members);

(iii) all elected members of Parliament and State Legislative Assembly and Legislative Council from the State belonging to the Scheduled Castes and the Scheduled Tribe—Members;

(iv) Chief Secretary, the Home Secretary, the Director General of Police, Director/Deputy Director, National Commission for the Scheduled Castes and the Scheduled Tribes—Members;

(v) The Secretary in-charge of the Welfare and Development of the Scheduled Castes and the Scheduled Tribes—Convener;

(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,   role   of   different   officers/agencies   responsible   for   implementing   the provisions of the Act and various reports received by the State Government.

17. CONSTITUTION OF DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE:

(1) In each district within the State, the District Magistrate shall set up a vigilance and monitoring committee in his district 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,   role   of   different officers/agencies responsible for implementing the provisions of the Act and various reports received by the District Administration.

(2) The district level vigilance and monitoring committee shall consist of the elected Members of the Parliament and State Legislative Assembly and Legislative Council, Superintendent  of  Police,  three  group  ‘A’  officers/Gazetted  officers  of  the  State Government belonging to the Scheduled Castes and the Scheduled Tribes, not more than 5 non-official members belonging to the Scheduled   Castes and the Scheduled   Tribes and not more than 3 members from the categories other than the Scheduled Castes and the  Scheduled  Tribes  having  association  with  Non-Government  Organisations.  The District Magistrate and District Social Welfare Officer shall be Chairman and Member-Secretary respectively.

(3) The district level committee shall meet at least once in three months.

18. MATERIAL FOR ANNUAL REPORT:

The State Government shall every year, before the 31st March, 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.

ANNEXURE I

Schedule

[See Rule 12(4)]

NORMS FOR RELIEF AMOUNT

Name of offence	Minimum amount of relief
1. Drink or eat inedible or obnoxious substance [Section 3(1)(i)]. 2. Causing injury insult or annoyance [Section 3(1)(ii)]. 3.  Derogatory Act [Section 3(1)(iii)].	Rs. 25,000 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% when the charge sheet is sent to the court. II. 75% when accused are convicted by the lower court.
4. Wrongful occupation or cultivation of land, etc. [Section 3(1)(iv)]. 5. Relating to land, premises and water [Section 3(1)(v)].	At least Rs. 25,000 or more depending upon the nature and gravity of the offence. The land/premises/water supply shall be restored where necessary at Government cost. Full payment to be made when charge sheet is sent to the Court.
6.  Beggar or forced or bonded labour [Section 3(1)(vi)].	At least Rs. 25,000 to each victim, payment of 25% at FIR stage and 75% on conviction in the lower court.
7.   Relating to right to franchise [Section 3(1)(vii).	Up to Rs. 20,000 to each victim depending upon the nature and gravity of the offence.
8.   False, malicious or vexatious legal proceedings [Section 3(1)(viii)]. 9. False and frivolous information [Section 3(1)(ix)].	Rs. 25,000 or reimbursement of actual legal expenses and damages or whichever is less after conclusion of the trial of the accused.
10. Insult, intimidation and humiliation [Section 3(1)(x)].	Up   to   Rs.   25,000   to   each   victim depending upon the nature of the offence. Payment of 25% when charge sheet  is sent to the court and rest on conviction.
11. Outraging the modesty of a woman [Section 3(1)(xi)]. 12. Sexual exploitation of a woman [Section 3(1)(xii)].	Rs.   50,000   to   each   victim   of   the offence. 50% of the amount may be paid after medical examination and remaining 50% at the conclusion of the trial.
13. Fouling of water [Section 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 [Section 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  charge  sheet  is sent to the court and 50% on conviction in lower court.
15. Making one desert place of residence [Section 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 charge sheet is sent to the lower court.
16. Giving false evidence [Section 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  charge sheet   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 [Section 3(2)].	At least Rs. 50,000 depending upon the nature and gravity of the offence to each victim and or his dependents. The amount    would    vary    if    specifically otherwise provided in the Schedule.
18. Victimization at the hands of a public servant [Section 3(2)(vii)].	Full   compensation   on   account   of damages or loss or harm sustained. 50% to be paid when charge sheet is sent to the Court  and  50%  on conviction  by lower court.
19. Disability. The definitions of physical & mental disabilities are contained in the Ministry of Welfare, G.O.I. notification No. 4-2/83—HW.III dated 06.08.1986 as amended from time to time. A copy of the notification is at Annexure – II. (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 offence.  50% on FIR and 25% at charge sheet and 25% on conviction by the lower court. At least Rs. 2,00,000 to each victim of offence, 50% to be paid on FIR/Medical examination stage, 25% when charge sheet sent to court and 25% at conviction in lower court. The rates as laid down in a(i) and (ii) above shall be reduced in the same proportion, the stages of payments also being the same. However, not less than Rs. 15,000 to non-earning member and not less than Rs. 30,000 to an earning member of a 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 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 SC and ST @ Rs. 1,000/- per month, or Employment to one member of the family of the deceased, or provision of agricultural land, and 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/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.