Revised - Social Justice.pdf - Grama Ward Sachivalayam

iry

to

the !ge ity es.

to )flS

led the

83 the on

ids us led on

le"

'us

[On ia! ids

GOVERINMENT OF ANDHRAPRADESH

ABSTRACT

social Welfare Department - Report of Justice Dr.K.Punnayya Commission of Enquiry for Eradication of

,jptoucbtY and Prevention of atrocities on SCs/STs - Recommendation of the Commission - Powers to ITDAs

app0mt Officers to expedite the cases of restoration of tribal lands which are pending at various !evels - Orders -

ued.

SOCIAL WELFARE (LTR.I) DEPARTMENT

O.Ms.N0. 100 Dated: 29-10-2001

Read the following:-

1. GO.Ms.No.35, Social Welfare. CPOA1) Dept, Dt.21-04-99

2. GO.Ms.No.92, Social Welfare. CPOA1) Dept, Dt.03-1O-2001

***

RPER

In the GO read above, the Government of Andhra Pradesh in exercise of powers conferred by Section 3 of the Commission of Inquiry Act 1952 (Central Act. 60 of 1952) have appointed Justice Dr. K. .Punnayya, retied Judge of Andhra Pradesh High Court as Single Member Commission of Enquiry to inquire into the practice of untouchability and atrocities against Scheduled Castes and Scheduled Tribes and suggest measures for eradication of untouchability and prevention of atrocities.

The Commission after touring all the District in Andhra Pradeslr based on numerous petitiOns presented to it by the Scheduled Castes and Scheduled Tribes has presented its report in two parts viz Part. 1 Scheduled Castes containing suggestions and measures to be taken for eradication of untouchability and prevention of atrocities and Part-IT Scheduled Tribes containing suggestions and measures to be taken to solve land problems in the scheduled areas of the State and prevention atrocities against Scheduled Tribes.

Dr. Justice Dr.K.Punnayya Commission has made 42 recommendations for removal of untouchability and protection to the weaker sections under Protection of Civil Rights and Prevention of Atrocities Acts. While studying the issue relating to atrocities against tribals, Justice Dr.K.Punnayya has felt that there is large number of disputes pending in various courts relating to the land in the scheduled areas of the State. In many such land issues the non-tribals are in occupation of the scheduled area lands by virtue of stay orders obtained form various courts and the poor tribals are non in a position to expedite the issues relating to vacatin of stay or disposal of the cases through the Government machinery. The Commission felt that Integrated Tribal Development Agencies should be given powers to utilise the services of the renowned and committed legal experts in specific cases for expediting the vacation g of stay' and disposal of cases pending at various courts including Andrha Pradesh High Court. Accordingly, the Commission has given the following recommendations.

"Power to ITDAs to appointment Officers to expedite the cases of restoration of tribal lands which are pending at various levels".

The Cabinet in Resolution No. 383(12) 2001, dated 1-10-2001 has approved the recommendations.

In the above circumstances, the Government hereby authorize the Project Officers, Integrated Tribal Development Agencies to appoint officers / legal experts to expedite the vacation of stay and disposal of important- cases relating to scheduled area lands pending in various courts in the State.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

CR. BISWAL SECRETARY TO GOVERNMENT

193

I

GOVERNMENT OF ANDHRAPRADESH

ABSTRACT

REVENUE DEPARTMENT -Report. of Justice Dr. K. Punnayya, Commission - Recommendation of the Corn ssion regarding establishment of grievance redressal Cells at District, Divisional and, Mandal level to redress the grievanc5 of SCs and STs including Child labour- Accepted Orders - Issued.

of

G.O. Rt. No. 694,

REVENUE (P&C) DEPARTMENT 0.'

Dated: 29th October, 01


1. G.O.Ms. No.35-S.W.(POA.l ) Dept. dated 21.4.1999

2. G.O.Ms. No. 92, S.W. (POA.1) Dept. dt 3/10/2001

***

ORDER:—

In the G.O. 1st read above, the Government appointed Justice Dr.K.Punnayya, Retired Judge of Andhra Pradesh High Court, as single member Commission of Enquiry to inquire into the practice of untouchability, and atrocities against SCs and STs and to suggest measures for eradication of untouchability and prevention of atrocities against SCs and STs. The said Commission made certain recommendations for eradication of untouchability and prevention of atrocities on SCs and STs which were approved by the Government. The Government have decided to establish grievance redressal Cells at District. Divisional and Mandal levels to redress the grievances of SCs and STs relating to land, minimum wages, bonded labour, indignity against Women and Child labour.

2. The Government after careful examination of the recommendations of Justice Dr.K.Punayya Commission hereby order for establishment of grievance redressal cells at the Offices of District Collector, Revenue Divisional Officer, Mandal Revenue Officer at District, Divisional and Mandal levels respectively and they shall be entrusted with the responsibility of redressal of the grievances of SCs and STs relating to land, minimum wages, bonded labour, indignity against Women and Child labour. These grievance redressal Cells shall be established immediately.


A.V.S. REDDY PRINCIPAL SECRETARY TO GOVERNMENT.

To

All the District Collectors in the State.

The Secretary to the Government (SE),A.P. Hyderabad. Copy to:

The Social Welfare Department.

The Addl. Secretary to Chief Minister. P.S. to M(SE) I P.S. to Secretary(SE).

All HODs under the control of Education (SE) Department.

The Commissioner & Director of School Education, A.P. Hyderabad


0]

C de op

2.

194


JANNAT HUSSAIN, Secretary to Government

ABSTRACT

s.W.D. - Report of Justice Dr. K.Punnayya, Commission of Enquily for Eradication of Untouchability and Prevention :of Atrocities on SCs/STs - Recommendation No.4 of the Commission - Approved - Orders - Issued.

SOCIALWELFARE (POA) DEPARTMENT

G.O.Ms.No. 105 Dated:3 1/10/2001


G.O.Ms.No.92,S.W. (POA. 1) Dept. dated 03/10/2001.

ORDER:

In the G.O. read above, orders were issued accepting all the recommendations. of Justice Dr. K. Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. It was also decided to launch an Action programme from 1st November 2001 based on the recommendations which were approved by the Cabinet.

2. In order to eradicate the inhuman practice of Untouchability from all the' villages in the State, it has been decided by the Government that all the Mandai Level Officials and Non-officials including representatives of the Endowments Department and NGOs along with a Police official not below the rank of S.1. of Police will visit one village in a week on a fixed day. This team will interact with all sections of the people in the village including SCs and STs and convince and persuade the upper caste people against the evils of untouchability in its various forms and in whatever manner it is being practiced and also against atrocities against SCs and STs, with special reference to the village concerned. The team should lead the SCs and STs into the village temple, provide access to the public water sources and get the "separate glass for SCs" system removed from the teal coffee hotels. The team should also tackle any other village level social evils or superstitions like Jogin!Basvini system, Bhanamati, Potharaju, bonded labour, manual scavenging etc.

3. While undertaking the above programme which is basically meant for social uplifiment of the down trodden section of the Society, care should be taken to see that the issues are tackled in a persuasive and positive manner in a congenial atmosphere avoiding eruption of any social confrontation. The villagers should also be educated about the punitive provisions under the PCR and POA Act, which the Government will not hesitate to use, in case they insist on practicing these social evils,

The above programme should be drawn up in such a manner as to cover all the villages in a timeframe after which the programme would be repeated till untouchability is fully eradicated. The S.I. of Police and Mandai Revenue Officer will submit a monthly report to the District Collector who will consolidate the information pertaining to the entire district and send a Monthly Report to the Commissioner of Social Welfare, A.P. Hyderabad indicating the number of villages covered during that month and particulars of the work turned out and any other relevant information. The Commissioner of Social Welfare in turn will submit a consolidated monthly reports to the Government covering all the Districts. The achievements and activities under this programme would be reviewed by the District Collector in District level Vigilance and Monitoring Committee meeting and also in State level Vigilance and Monitoring Committee meeting.

The receipt of the Government Order should be acknowledged.

iOn

Ces

sh ies

on sh ng

by ial be es, ed

tc

In

C

rA

A

TI

11

N P]

U


ABSTRACT

S .W.D. - Report of Justice Dr. KPunnayya Commission of Enquiry for Eradication of Untouchability and Preventj0 of atrocities on SCs/STs - Accepted - Recommendation No.7 of the Commission - Presentation of special awards to the Dalit Organisations and caste Hindu organisations - Orders - Issued.

SOCIAL WELFARE (POA.I) DEPARTMENT

G.O.Ms.No. 106 Dated: 3 1-10-2001


GO.Ms.No.92, S.W. (POA. I) Dept, Dt. 3-10-2001.

ORDER: -

In the GO read above orders were issued accepting all the recommendations of Justice Dr. K. Punnayya Commission of enquiry on eradication of untouchability and Prevention of Atrocities on SCs and STs. It was also decided to launch an Action programme from 1st November, 2001 based on the recommendations which were approved by the Cabinet.

One of the recommendations of Justice K. Punnayya is that Special awards should be introduced and presented every year to encourage the Dalit organisations and other Organisations which work for the removal of various disabilities in the villages.

Government accordingly constitute a scheme of special awards to the Dalit organisations and Caste Hindu organisations in each District which turn out sincere, exemplary and effective work with the support and cooperation of all sections of the people in the villages for the following.

• Entry of Dalits into temples.

• Providing access to the public wells or bores.

• Removal of two glass system in the tea / coffee shops.

• Eradication of other Social evils and superstitions

The awards which will be presented on the 1st November every year in a public function will be as follows:-

AT DISTRICT LEVEL

Rs. 10,000/- and a Certificate to 5 organisations which cover the maximum number of villages in a Mandal and are instrumental in removing various disabilities and also work for the redressal of other social problems affecting the SCs and STs and help them in leading a dignified life to which they are entitled as human beings.

AT THE STATE LEVEL

Rs.25,000/- and a Certificate to the 3 best organizations from among the organizations selected for this award at the District Level.

The organisations which turn out outstanding work towards the ulitmate goal of eradicating untouchability in all its forms as well as other social evils and who cover the maximum number of villages will be selected by a District Level Expert Committee comprising the following members.

196

1. District Collector Chairman

2. Superintendent of Police Member

3. Jt.Collector Member

4. Project Officer ITDA / DTWO Member

5. Dy. Director (SW) Member Convener

At the State Level, the selection of 3 best organization will be done by the AP State Commission for SC! STs.

While encouraging the Dalit organization to put in their best efforts in removal of various disabilities as

well as other social evils, care should be taken to see that this annual function does not become a formal affair o felicitate a select few but only those who turn out exemplary sincere and effective work in this field should be elected.

The process of selection of the deserving organization should be started around 1st of September and should be completed by the end of September first the every year by the District Level Expert Committee at the district level n presenting the awards at the state level, Commissioner of Social Welfare will furnish the proposals to the AP State Commission for SCs & STs through the Government during the first week of October every year.

The receipt of the Government order should be acknowledged.

(BY ORDER AND IN THE NAME OF THE GOVERINOR OF ANDHRA PRADESH)

JANNAT HUSSAIN Secretary to Government

To

All the Dist Collectors.

All the Superintendents of Police.

The Commissioner of Social Welfare, AP, Hyd.

The Commissioner of Tribal Welfare, AP, Hyd.

Prnject Officer, ITDA

General Administration Dept. Revenue Dept.

Home Dept.

/ FORWARDED BY ORDER / /

M. SUBHAN KHAN SECTION OFFICER

197



JANNAT HUSSAIN

SECRETARY TO GOVERNMENT

To

All the Dist. Collectors

All S.Ps in the State.

• Revenue Dept.

Home Dept./General Administration department

198


ABSTRACT

Social Welfare Department - Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradicatjo of Untouchabilityand Prevention of atrocities on SCs/STs -Recommendation No.10(i) & 11 A(i) of the Corn sslon -Approved - Orders - Issued.

SOCIAL WELFARE (POA.1) DEPARTMENT

G.O.Ms.No.107 Dated: 31/10/2001


G.O.Ms.No.92, S.W. (POA.1) Dept. dated.03/10/2001.

ORDER:

The Prevention of Atrocities Act 1989 provides for stringent punishment to the perpetrators of atrocities against SCs and STs as well as generous relief and rehabilitation measures to the victims of such atrocities. Certain areas in the State have the dubious distinction of recording the highest number of atrocities against SCs/ STs whereas others are almost incident free. There could be many reasons for the spurt in atrocity cases against SCs and STs in certain areas which could be due to various local issues.

2. In order to curb/prevent occurrence of atrocities in such places and to provide immediate relief and rehabilitation measures in the unfortunate event of atrocities taking place, it is important that areas which are prone to atrocities or where there is an apprehension of re-occurrence of an offence under the POA Act 1989 are identified and. declared as such so that all precautionary measures can be taken.

3. Accordingly, Government hereby authorise the District Vigilance and Monitoring Committees to identify the atrocity prone area and declare it as such and send the information to Government so that Government can initiate necessary steps to tackle the situation as warranted.

nst in

ers am

ton ies rid.


ABSTRACT

of ocial Welfare Department - Report of Justice Dr. K. Punnayya, Commission of Enquiry for Eradication of

io jntouchability and Prevention of atrocities on SCs/STs - Accepted - RecommendationNo.10(ii) 118(ix) & 11B(x) of Commission -Orders - Issued.

SOCIALWELFARE (POA.1) DEPARTMENT

j,O.Ms.NO. 108 Dated.3 1/10/2001


1. G.O.Ms.No.92, S.W. (POA.l) Dept. Dt.03/10/2001.

2. G.O.Ms.No. 107, S.W.(POA. 1) Dept. 31.10.0!.

***

JRDER:-

In the G.O. second read above, orders have been issued authorising the District Vigilance and Monitbring :ommittee to identif' and declare the atrocity prone areas and send the information to Government.

Once the atrocity prone areas are identified, the District Magistrate (Collector) and Superintendent of Police should visit the identified area and review the law and order situation. The R.D.O. and Deputy Superintendent of Police should be visiting the identified area as frequently as possible and ensure a fair deal to the Scheduled Castes and Scheduled Tribes till the normalcy is restored as stipulated ulr 3(u) of the POA rules 1995.

the 3. Whenever the incidents of atrocities take place, the Investigating Officers should visit the place of occurrence :an without the least delay. In a!! the cases of grave offences, the Collectors and Superintendents of Police should

invariably visit the places of occurrence without the least delay, i.e. within 24 hours of the occurrence and supervise the steps for the apprehension of the culprits and measures of relief and rehabilitation of the victims and take such other measures that are necessary to instill confidence amongst the SCs in the area and the fear of law in the perpetrators and potential offenders of such crimes.

It should be the personal responsibility of the District Magistrate and the Superintendent of Police to ensure that prompt and effective action is taken not only by themselves but by the subordinate officers, working under them.



JANNAT HUSSAIN


f)

I! District Collectors

Ui Superintendents of Police

he Commissioner of Social Welfare, AP Hyderabad

the Commissioner of Tribal Welfare, AP Hyderabad

•opy to:

lome Department

evenue department

199


ABSTRACT

Social Welfare Department-Report of Justice Dr. K.Punnayya. Commission of Enquiry for Eradicatjo of Untouchability and Prevention of atrocities on SCs and STs - RecommendationNo.11A (ii) of the Cornmij00 Constitution of peace committees-Accepted -Orders - Issued.


G.O.Ms.No.109 Dated:31/10/2001 Read the following:

1. G.O.Ms.No.92, SW(POA) Dept., Dt.03.10.2001

2. G.O.Ms.No.107. SW (POA.l) Dept., dt. 31.10.2001

ORDER

In G.O. 1St read above, orders were issued accepting all the recommendations of Justice Dr K Punnaiah Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. It was also decided to launch an Action Programme from 1St November 2001 based on the recommendations which were approved by the Cabinet.

2. In the G.O. second read above orders were issued authorising the District Vigilance and Monitoring Committee to identify and declare the atrocity prone areas.

3. One of the recommendations of Justice Dr.K.Punnayya is to constitute peace committees with all the Communities in the identical areas.

4. In order to restore peace and normalcy and to instill confidence in the minds of the victims of atrocities, Government direct the District Collector to take necessary action for formation of Peace Committees in the areas where large scale atrocities take place, depending upon the nature of incident and local situation. The Mandal Level Officers will take steps for the formation of the Committee with all the Communities in the identified areas in which atrocities are threatened or committed.

5. The RDO, MRO, MPDO should visit the village in which the atrocity occurred and contact with the members çf the Peace Committee and assess the progress on the restoration of peace in the village' and see that peace and normalcy are restored in the village at the earliest.

6. The District Collector will furnish a report to the Government giving the details of the Peace Committees as and when constituted.


JANNAT HUSSAIN

SECRETARY TO GOVERNMENT To All the District Collectors All the Superintendents of Police Revenue Department Home Department PR & RD Department. Commissioner of Social Welfare, AP Hyderabad Commissioner of Tribal Welfare AP Hyderabad

200


ABSTRACT

if Social Welfare Department- Report of Justice Dr, K.Punnayya, Commission of Enquiry for Eradication of - Untouchability and Prevention of Atrocities on Scheduled Castes and Scheduled Tribes- Accepted - Recommendation

NO.12 of the Commission - Orders -Issued.


G.O.Ms.No.110 Dated: 3 1/10/2001


G.O.Ms.No. 92, SW(POA 1) Department Dt.03.1 0.200 1

ORDER

In the Government Order read above, orders were issued accepting all the recommendations of Justice Dr. K. • Punnayya Commission of enquiry one radicatioin of untouchability and Prevention of atrocities on Scheduled Castes

and Scheduled Tribes. It was also decided to launch an Action programme from 1st November, 2001 based on the recommendations which were approved by the Cabinet.

2. In order to eradicate untouchability and to Prevent atrocities on Scheduled Castes and Scheduled Tribes in the State, the following instructions are issued;

1. The District Collector and Magistrate shall prepare for each district a panel of such number of eminent senior Advocates who have been in practice for not less than 10 years for conducting cases in the special Courts.

2. Similarly, the Director of Prosecution should prepare apanel such number of Public Prosecutors for conducting cases in the Special Courts.

3. The above two types of panels should include the retired Judges and retired Sub-Judges and also Advocates of above 1 0years standing belonging to Scheduled Castes and Scheduled Tribes.

4. The receipt of the Government Order should be acknowledged.


JANNAT HUSSAIN

Secretary to Government

To

All the District Collectors. The Director of Prosecution.

The Commissioner of Social Welfare, A.P. Hyderabad.

The Commissioner of Tribal Welfare, A.P. Hyderabad.

Copy to Law Department.

Copy to Home Department.

201


ABSTRACT

Social Welfare Department - Report of Justice Dr. K. Punnayya- Commission of Enquiry for Eradication Untouchability and Prevention of atrocities on SCs and STs - Accepted - - Recommendation NO.13 of the Commission- Orders - Issued.


G.O.Ms.No. 111 Dated 3 1/10/2001


G.O.Ms.No.92, SW(POA. 1) Department Dt. 03.10.2001

2. G.O.Ms.No.107, SW(POA.l) Department Dt. 31.10.2001.

ORDER:

In the G.O. first read above, orders were issued accepting all the recommendations of Justice Dr.K.Punnayya Commission of enquiry on eradication of untouchability and Prevention of Atrocities on SCs and STs. It was also decided to launch an Action Programme from 1st November 2001 based on the recommendations which were approved by the Cabinet.

2. In the G.O. Second read above, orders were issued authorising the District Vigilance and Monitoring Committees to identify and declare the atrocity prone areas and send the information to Government..

3. In the atrocity prone areas, the District Vigilance and Monitoring, Committee as well as the District Collector & Superintendent of Police should 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 as required under sub-rule 11 of Rule-3 of POA Rules, 1995 and send a monthly report to the State Level Vigilance and Monitoring Committee through the Secretary (Social Welfare).

4. The receipt of the G.O. should be acknowledged


JANNAT HUSSAIN

Secretary to Government To

All the Dist. Collectors

All the Superintendents of Police

The Commissioner of Social Welfare A.P. Hyd.

The Commissioner of Tribal Welfare, A.P. Hyd.

Copy to:

Home Department

General Administration (SC) Dept Law Department

I

202


ABSTRACT

Social Welfare Department- Report of Justice Dr. K. Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes- Recommendation N. 14 of the Commission - Accepted -Constitution of Mandal Level Committees - Orders -Issued.


G.O.Ms.No. 112

ORDER:

Dated 3 1/10/2001

Read the following:

G.O.Ms.No.92, S.W. (POA.1) Dept. dated 03/10/2001.

In the reference read above, orders were issued accepting all the recommendations of Justice Dr.K.Punnayya Commission of enquiry on eradication of untouchablility and Prevention of atrocities on SCs and STs. It was also decided to launch an Action Prorgamme from 1St November, 2001 based on the recommendations which were approved by the Cabinet.

2. In order to eradicate untouchability and to Prevent atrocities on Scheduled Castes and Scheduled Tribes in the State Government hereby Constitute Mandal Level Committees with the following members:

President, Mandal Praja Parishad Chairman

Mandal Revenue Officer Convenor

Zilla Parishad TemtorialConstituency

All Mandal Parishad Territorial Constituencies

Mandal Parishad DevelopmentOfficer

Inspector of Police/Sub-Inspector of Police

All SC & ST Sarpanches (10 Members) 10 SC Members each representing 5 villages and the members of that area if there is any SC or ST organisation working for the upliftment of SCs & STs

Member

Member

Member

Member

Member

Member

The Functions and Responsibilities of the Committee Constituted above shall be as follows:-

All these officers who are connected with the developmental programmes and activities should involve

themselves in the removal of the disabilities during their visits to the villages and also involve themselves in the Scheduled Caste Welfare Programmes, awareness programmes, get-together-programmes and organise workshop in the villages and also organize interdining programmes and inter caste marriage programme instead of keeping themselves aloof from the Scheduled Castes and Scheduled Tribes and should bring about visible change of out look from both the Scheduled Castes and Caste Hindus in the villages within the Mandal.

The Mandal Committees should hold their meetings every month, so as to create an excellent and healthy and congenial atmosphere for the removal of the disabilities peacefully.

In every meeting, the Committee should assess the progress of the Committee and should also examine whether

203

there are disputes between the Scheduled Castes and caste Hindus on any issue. If any such dispute comes

their knowledge, the M.R.O. and M.P.D.O. should solve the problem, review the weekly visits by the Man

Level Officers and also Police Officers and the effectiveness of the Civil Rights Day.

6. The member Convenor (MRO)should submit the proceedings of the Committee to the District Collector ev month who in turn will furnish a consolidated Report to the Commissioner of Social Welfare, A.P. Hyderab The Commissioner of Social Welfare will consolidate all the District-wise Reports and send them to

Government on a quarterly basis.

7. The receipt of the Government Order should be acknowledged.


JANNAT HUSSAIN

Secretary to Government

To

All District Collectors.

(with a request to communicate to all concerned)

Copy to:-


The Director General of Police, PCR Cell, Hyderabad.

S.F./S.C.

204


ABSTRACT

Social Welfare Department- Report of Justice Dr. K. Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs and STs - Recommendation No.15 of the Commission - Constitution of non--official Advisory Committees - Accepted - Orders - Issued.


G.O.Ms.No.113 Dated: 3 1.10.2001 Read the following :-

1. G.O.Ms.No.92, SW(POA.l) Department Dt.3.1 0.2001 2. G.O.Ms.No.49, SW (POA.1) Department Dt.21.05.2001.

***

ORDER:-

In the G.O. first read above, orders were issued accepting all the recommendations of Justice Dr.K.PiInnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. It was decided a launch an Action Programme from 1st November 2001 based on the recommendations which were approved by the Cabinet.

2. In the G.O. second read above orders were issue reconstituting the State Level Vigilance and Monitoring Committee under Rule -16 of POA Rules, 1995 to review the implementation of the provisions of SC/ST (POA) Act 1989 and the relief and rehabilitation measures provided to the victims and other matters connected there with.

Since the above Committee does not provide for membership for SC organisations which have been working for the welfare of the SCs since several years, it has been decided to constitute Non-Official Advisory Committee to assist and advise the Social Welfare Minister at the State Level and the District Incharge Minister at the District level on the problems of SCs and STs in the village.

The District incharge Minister shall accordingly constitute a Non-Official Advisory Committee with the representation of the District SC Welfare Organisations to advise and assist the District incharge Minister at the District Level. The Advisory Committee will consist of the District incharge Minister as Chairperson and not more than 6 representatives of reputed District SC Welfare Organisations who are committed to the cause of the SCs and STs and who turn out exemplary and selfless service for the downtrodden section of the society.

The District Incharge Ministers are requested to constitute the Non-Official Advisory Committees as indicated in Para 4 above at the earliest and furnish the details to the Government.

6 Government orders constituting a State Level Non-Official Advisory Committee with Minister for Social Welfare as its Chairperson would be issued separately.

7. The above Committees will meet once in every t- vo months or as may be decided by the Chairperson or as and when the need arises at such place as the Chairperson may decide.



205


G.O.Ms.No.114 Dated:3 1/10/200 1

Read the following

G.0.Ms.No.92, S.W. (POA.l) Dept. dated 03/10/2001.

ORDER:

In the G.O. read above, orders were issued accepting all the recommendations of Justice Dr.K.Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. .

2. Rule 3(viii) and (ix) of the P.OA Rules 1995 stipulates to set up awareness Centres and organise work shops 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.

3. Government have decided to arrange combined workshops for both the sections ie., caste Hindus and Scheduled Castes and Scheduled Tribes in joint sessions (but not separate sessions) to promote equality and unity and to educate the caste Hindus on the efficacy of Social equality and the need to extend the attitude of brother-hood. The services of various Dalith organisations, Ambedkar organizations and the Kula Vivaksha Vyethireka Porata Committee will be made use of in the setting up of awareness centers and the work shops organized in the identified area.


ABSTRACT

Social Welfare Department-Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs/STs -Accepted - Recommendation NO.16 of the Commission - Orders - Issued

4. The Government accordingly direct the District Collector to set up awareness centres and work shops in the identified areas to educate the caste Hindus on the efficacy of Social equality.

5. The District Collector will submit a quarterly report to Commissioner, Social Welfare, Hyderabad giving details of work shops organised in the district and the organizations which have taken part in such awareness centers and workshops.


JANNAT HUSSAIN

Secretary to Government To

All District Collectors

All Superintendents of Police

Commissioner of Social Welfare, AP Hyderabad

Commissioner of Tribal Welfare, AP Hyderabad

206


ABSTRACT

iti, OCIAL WELFARE DEPARTMENT-Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of

'is otouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes- Recommendation No. 17(u)

f the Commission -Nomination of Nodal Officer- Approved - Orders - Issued.

SOCIALWELFARE (POA.l) DEPARTMENT

G.O.Ms.No.115 Dated: 31/10/2001 Read the following:-

G.O.Ms.No.92, S.W. (POA.l) Dept. dated 03/10/2001.

ORDER:

In the GO. read above, orders were issued accepting all the recommendations of Justice Dr. K.Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes. It was also decided to launch an Action programme from 151 November, 2001 based qn the recommendations which were approved by the Cabinet.

One of the Recommendations of Justice Dr. K. Punnayya Commission is nomination of a Nodal Officer of the level of a Secretary to Government preferably belonging to Scheduled Castes and Scheduled Tribes for coordinating the functioning of various Agencies as per Rule.9 of POA Rules, 1995.

Accordingly Government hereby Nominate Sri M.Samuel, lAS., as Nodal Officer for co-ordinating the functioning of the District Magistrates and Superintendents of Police or the 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:

(1) the reports received by the State Government under Sub-Rule (ii) and (iv) of Rule-47, rule 6 Clause (ii) of rule-8

(II) the position of cases registered under the Act.

(III) Law 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 by Rationing Clothing, Shelter, Legal -aid, Travelling allowance, daily allowance and Transport facilities provided to the victims of atrocity or his/her dependents.

(VI) Performance of Non-Governmental Organisations, the Scheduled Castes and the Scheduled Tribes Protection Cell, various committees and the public servants responsible for implementing the provisions of the Act.

The Nodal Officer will submit a quarterly report to the Chief Secretary to Government through the Secretary (Social Welfare) together with his observations on the functioning of the various agencies and suggest measures for improving the performance of the Agencies under review so that the Government can take further necessary action in the matter.

The receipt of the Government Order should be acknowledged.



207


ABSTRACT

Social Welfare Department - Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs/STs - Accepted -recommendation No.17(iii) and 19(u) of the Commission Orders - Issued.


G.O.Ms.No.l 16 Dated:31-10-2001

Read the following

In the G.O. read above, orders were issued accepting all the recommendation of Justice Dr. K.Punnayya Commission of enquiry on eradication of untouchability and prevention of atrocities on Scheduled Castes! Scheduled Tribes. It was also decided Ito launch an Action programme from 151 November2001 based on the recommendations which were approved by the Cabinet.

2. Rule 10 of the Prevention of Atrocity rules 1995 stipulates that in the identified area a Special Officer not below the rank of 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.

3. It has been brought to the notice of the Government that the following 12 districts are atrocity prone districts in which there is past history of large scale atrocities against Scheduled Castes and Scheduled Tribes.

1. Prakasam 2. Guntur 3. West Godavari

4. Nellore 5. Vizianagaram 6. Kurnool

7. Cuddapah 8. Mahabubnagar 9. Nizamabad

10. Karimnagar 11. Khammam and 12. Adilabad

4. Government accordingly appoint the Joint Collector of District of the above 12 Districts as well as in other identified areas as Special Officer.

The Special Officer shall be responsible for:

i. Providing immediate relief and other facilities the victims of atrocity and initiate necessary measures to prevent or avoid recurrence of atrocity.

ii. Setting up an awareness centre and organising workshop in the identified area with the caste Hindus and SCs and STs if any to educate both the sections about the rights provided in the P.C.R. Act and P.O.A. Act

and the responsibility on the part of the dominant castes towards the protection of the rights of the SCs and STs.

208

If there are land disputes pending, the special officer should solve them with the assistance of the M.R.O.,

M.R.I., & V.A.O. if the Government Banjar Lands are in the occupation of the landlords and rich ryots, the

special officer should take steps for eviction of the landlords and rich ryots and the lands so recovered should be assigned to the SCs, STs and other land less poor.

If any village social boycott is organized after the incident of atrocity the Special Officer should solve it and

restore normalcy.

7. Joint Collector submit a report duly indicating the relief and rehabilitation measures provided to the victims of atrocity within 24 hours of the occurrence of atrocity.


JANNAT HUSSAIN

Secretary to Government To:


All Superintendents of Police 1 The Commissioner of Social Welfare, AP, Hyderabad

The Commissioner of Tribal Welfare, AP Hyderabad

Copy to:

Home Department

! Revenue Department


ABSTRACT

SOCIAL WELFARE DEPARTMENT-Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes- accepted - Recommnedatio No.18(i) 18(iv) and 18 (vi) of the Commission orders- Issued.


G.O.Ms.No. 117 Dated 3 1/10/2001

Read the following:

G.O.Ms.No.92, S.W. (POA.1) Dept. dated 03/1012001.

ORDER:-

In the Government Order read above, orders were issued accepting all the recommendations of Justice Dr. K. Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes. It was also decided to launch an Action Programme from 1St November, 2001 based on the recommendations which were approved by the Cabinet.

2. In order to eradicate untouchability and to prevent atrocities on Scheduled Castes andSeheduled Tribes in the State, the following instructions are issued:-

MEASURESTO BE TAKEN BY THE DISTRICT ADMINISTRATION

1. The District Collector and Magistrate and Superintendent of Police should 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. The District Collector and Magistrate shall make arrangements for providing immediate relief in cash or in kind of both to the victims of atrocity, their family members and dependents according to the scale prescribed in rules. Such immediate relief should also include food, water, clothing, medical and transport facilities and other essential items necessary for human beings. If Social Boycott is organised, as a result of atrocity necessary relief should be provided immediately.

3. A report of the relief and rehabilitation facilities provided shall be forwarded to the Government as well as to the Special Court at the earliest.

4. T1e receipt of the Government orders should be acknowledged.



To

All the District Collectors. All the Superintendent of Police in the State. The Commissioner of Social Welfare, A.P. Hyderabad. The Commissioner of Tribal Welfare, A.P. Hyderabad. Copy to Home Department. Copy to Revenue Department.

210

I

I

I

n


ABSTRACT

Social Welfare Department - Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of UntOUchabi1itY and Prevention of atrocities on SCs and STs Accepted - Recommendation No.20 of the Commission - Relief package containing Model plan for relief measures - Orders-Issued.


G.O.MS.NO. 118 Dated. 3 1/10/2001


G.O.Ms.No.92; SW(POA. 1) Department Dt.03.1 0.2001

ORDER:-

In the G.O. read above, orders were issued accepting all the recommendations of Justice Dr. K.Punnayya Commission of enquiry on eradication of untouchability and. Prevention of atrocities on SCs and STs. It was also decided to launch an Action Programme based on the recommendations which were approved by the Cabinet from 151 November2001.

2. Rule - 15 of POA Rule, 1995 stipulates that the State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in official Gazette of the State Government.

3. Government accordingly directed the District Collectors to take prompt action in providing the relief measures to victims or their dependents who are eligible, in accordance with the relief prescribed in G.O.Ms.No.3, SW(H) Department Dt. 16.01.1996.

4. The relief aid rehabilitation measures should include the following:

a) Scheme to provide immediate relief in cash or in kind or both.

b) Allotment agricultural land and house sites.

c) The rehabilitation packages, supply of Milk Cattle or sheep or assistance for any other suitable scheme including trade or business, Discretionary grants Integrated Rural Development Projects (IRDP) Scheduled Caste Finance Corporation and Scheduled Tribes Corporation or any other source available with the District Collector.

d) Scheme for employment in Government or Government undertaking to the dependent or one of the family members of the victims.

e) Pension Scheme for widows, dependent children of the deceased, handicapped or old aged victims of atrocity.

f) Provisions for providing brick/stone masonry house to the victims.

g) 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 Tribe habitats.

5. The receipt of the G.O. Should be acknowledge.



To

All The District Collectors


211


ABSTRACT

Social Welfare Department - Report of Justice Dr. K. Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs and STs - Accepted - Recommendation No. 24 & 25 of the Commission- Orders -Issued.


G.0.Ms.No.119 Dated: 31/10/2001

G.O.Ms.No.92, SW(POA.1) Department Dt: 3.1 0.2001

ORDER:

In the G.O. read above, orders, were issued accepting all the recommendations of Justice Dr. K.Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. It was also decided to launch an Action programme from 1St November 2001 based on the recommendations which were approved by the Cabinet.

2. One of the recommendations of Justice Dr. K.Punnayya Commission is construction of pucca permanent houses, free of cost in all cases of complete damage of houses besides paying Rs.30,0001- towards relief and compensation.,

3. Government accordingly direct that in all cases of complete damage of houses as a result of atrocities against SCs and STs, Pucca permanent houses should be constructed for the families adopting the design and construction as the rural permanent house under the weaker section housing programme. The entire expenditure will be met by the Government In addition, each family should be paid Rs.30,000/- towards relief and compensation. 75% should be paid at F.I.R. stage and 25% on conviction in the lower Court.

4. In case of loss of Assets, the amount of compensation to be paid will be equal to the actualloss sustained by the victim and his family. The assessment of the actual loss should be done by the RDO.

5. The assessment Report together with the recommendations/observations at the RDO should be submitted to the District Collector who will make immediate arrangements for payment of compensation if the amount of compensation to be paid is within his competence. In case, any Government orders are required, the District Collector will send necessary proposals to the Government at the earliest.

6. All the District Collectors are directed to take necessary action accordingly.

7. The receipt of the GO should be acknowledged.



To

All The District Collectors


The Commissioner of Social Welfare, AP Hyderabad

The Commissioner of Tribal Welfare, AP Hyderabad

Copy to:

Home Department

Revenue Department

212

a 0

)n et yo

he

to of ict

4.

1'


ABSTRACT

Social Welfare Department - Report of Justice Dr.K.Punnayya Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs/STs - Recommendation No.26 of the Commission - Restoration of burial grounds a footpaths wrongfully occupied by the caste Hindus -Accepted - Orders - Issued.


G.O.Ms.No. 120 Dated: 31-10-2001


GO.Ms.No.92, S.W. (POA.l) Dept, Dt.3-lO-2001

ORDER:-

In the GO read above, orders were issued accepting all the recommendations of Justice Dr.K.Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STs. It was also decided to launch an Action programme based on the recommendations which were approved by the cabinet from 1st November, 2001.

Various representations have been received from almost all the Districts in the State alleging that the burial ground and the footpaths leading to the burial grounds of SCs and STs was encroached by the ryots and are being put to cultivation. Hence, they have to go through the fields to the burial grounds and the owners of the fields do not allow them (the SCs & STs) to go through the fields of the ryots thereby subjecting them to much hardship. The caste Hindus on the other hand are raising quarrels when the SCs/STs are taking the dead bodies through their fields.

Justice Dr.K.Punnayya who toured all the District of the State and was witness to the hardships faced by the SCs/STs due to wrongful occupation of the footpaths leading to the burial grounds of the SCs/STs and in some cases the entire burial grounds were encroached upon, has recommended for restoration of the said burial grounds or the footpaths leading to the burial grounds, back to the SCs/STs.

Government accordingly direct the District Collectors to take action for the restoration of the burial grounds of the footpaths wrongfully occupied by the Caste Hindus. The District Collector should hold the RDO and MRO responsible for the restoration of the Burial grounds or footpaths leading to the Burial grounds wherever such unauthorized and wrongful occupations have taken place.


JANNAT BIUSSAIN Secretary to Govenunent

To

All the Dist Collectors

Home Dept. Revenue Dept.

213


ABSTRACT

Social Welfare Department - Report of Justice Dr. K.Punnayy'a, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs and STs - Recommendation NO.27 of the Commission - Taking up of suitable works in the local area wherever atrocity takes place - Accepted - Orders - Issued.


G.O.Ms.No. 121 Dated:3 1/10/2001

G.O.Ms.No.92, SW(POA. 1) Department Dt. 13.10.2001

ORDER:

Inspite of stringent preventive and punitive measures, it is unfortunate that number of cases of atrocities against SCs and STs are reported almost every other day. It is common experience that whenever any atrocity takes place against members of Scheduled Castes or Scheduled Tribes, there is also an immediate effort to deny them local employment particularly in agricultural operations, as most of the Scheduled Castes and Scheduled Tribes are dependent or others for their livelihood. In view of this, where atrocities in the nature of death or permanent incapacitation or grievous hurt or group clashes or arson take place, the District Collector should immediately arrange to take up suitable works in the local area to create employment to the members of the Scheduled Castes and Scheduled Tribes. The work can be financed as part of relief and rehabilitation of victims of atrocities under this subject and also from the Special Central Assistance for Scheduled Castes and Scheduled Tribes Sub-Plan funds and ary other funds.

2. Whenever any major atrocity is perpetrated, in any area the District Collector and the Superintendent of Police conceIñed should visit the area and sanction suitable works in the local area on the spot so as to, create employment to the affected members of the Scheduled Castes and Scheduled Tribes. The action in this regard should always be immediate so that no economic distress is caused to the SCs and STs.

3. Necessary funds for taking up the works will be provided by the Government.

'. (BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRABESH)


To

All the District Collectors

All Departments in Secretariat

214

3.

I of (ing

DOi

nst nst nt rs us •ks an al

of te rd

GOVERINMENT OF ANDHRAPRADESH

ABSTRACT

Social Welfare Department -Report of Justice Dr. K. Punnayya, Commission of Enquiry for Eradication of Jntouchability and Prevention of atrocities on SCs and STs -Recommendation No.11 B (vii) of the Commission Extension of financial assistance to the witnesses Accepted -Orders -Issued.


G.O.Ms. No. 122 Dated 31/10/2001 Read the following :-

1 G.O.Ms. No. 92, SW. (POA.1) Dept. dt. 3/10/2001 7 G.O.Ms.No.48. L.E.T & E Dept. dt. 14/10/2000.

ORDER:-

In the G.O. 1St read above, orders were issued accepting all the recommendations of Justice Dr. K. Punnayya Commission of enquiry on eradication of untouchability and Prevention of atrocities on SCs and STS. It was also decided to launch an Action programme from November, 2001 based on the recommendations which were approved y the Cabinet.

2. Rule-lI of the POA Rules, 1995 contemplates as follows:-

(a) 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 of such rates but not less than the minimum wages, as may be fixed by the State Government for the agricultural labourers.

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

(c) The payment of traveling allowances, 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 that dependants attendant and witnesses for the days they visit the investigating officer or in-charge police station 0', hospital authorities or Superintendent of Police/Deputy Superintendent of Police or District Magistrate or any other officer concerned or the Special Court.

Inspite of the above provisions it is observed that most of the cases under POA Act end up in acquittal: One of the reasons for the inability of the witnesses to attend the court is the loss of wages on the days they attend the courts and the expenditure incurred by them. With a view to remove their genuine difficulty, it is decided to extend financial assistance to the witnesses and to compensate the SC/ST victims and witnesses with the payment of wages which they lose for attending the Courts.

Government accordingly direct that financial assistance may be extended to the SC/ST victims and witnesses according to their entitlement as per Section-2 1(2) (ii) of the SC/ST/ST victims and witnesses may be compensated with the wages they lose for the days on which they attend the Courts. The amount of compensation to be paid may be determined as per the G.O. second read above.

The receipt of the G.O. should be acknowledged.



215

GOVERNMENT OF ANDHRA PRADESH

SOCIAL WELFARE (LTR) DEPARTMENT

Memo.No. 17242/LTR1/200 1-1. dt. 2-11-2001

Sub:- Tribal Welfare - Report of Dr. Justice K.Punnayya Commission of Enquiry for Prevention of atrocities on SCs and STs - Recommendations of the Commission - Implementation of Recommendation No. 41 on total ban on alienation of tribal tand in favour of non-tribals - 'I Reg. I

Ref:- GO.Ms.No.92 Social Welfare (POA.l) Dept, dt. 3-10-2001.

***

Dr.Justice K.Punnayya Commission of Enquiry which enquired into Eradication of un-touchability and prevention of atrocities on SCs&STs has recommended among others (Recommendation NO.41) that alienation of tribal lands to non-tribals should be totally banned. The Cabinet has approved the above recommendation.

Under Section 3 (1) (a) of APSALTR, 1959 read with amended Regulation 1/1970, any transfer of immovable property situated in Agency tracts by a person. Whether or not such person is a member of Scheduled Tribe, shall be absolutely null and void, unless such transfer is made in favour of a person who is a member of Scheduled Tribe or a society registered under the AP Coop. Societies Act, 1964, which is composed solely of members of scheduled tribes. In the above referred Regulation it is defined that" Transfer means mortgage, lease, sale, gifi, exchange or any other dealing with immovable property. Alienation of tribal lands to non-tribals in Agency Tracts will no doubt violate the provisions of APSALTR 1959 read with Regulation 1/1070.

All the Collectors of the Agency District are directed to implement the provisions of the APSALTR, 1959 scrupulously to comply with the recommendation of Dr. Justice K. Punnayya Commission.

C.R. BISWAL


To

All the Collectors of Agency Districts.

Copy to:

The PS to Chief Minister.

The PS to Spl. Secretary to Chief Minister.

The PS to Minister (T.W.)

The PS to Secretary (SW) & Secretary (TW)

The Commnr. of Tribal Welfare, AP, Hyd.

ST /SCs SW (POA) Dept.

/ / FORWARDED BY ORDER / /

Sd!- Section Officer

216

TOP PRIORITY

Office of the

Commissioner of Social Welfare

Andhra Pradesh : Hyderabad

Fax Message No.H 1/7947/2001 Dt.07. 11.2001

To All the District Collectors

In the state

Sub :- SWD- Campaign for Eradication of Untouchability and Prevention of "Atrocities" against SCs and STs - Continuous Programme- Reg.

Government issued orders vide G.O.Ms.No. 105, Social Welfare (POA) Department, dated 31.10.2001 for conducting weekly visits to one village to each Mandal every week for Eradication of Untouchability and Prevention of Atrocities against SCs and STs.

1. Monthly Action Plan for 4 weeks has to be prepared duly identifying the villages and advance intimation to be given to the villages selected.

2. A team consisting of one Police Officer not below the rank of SI, MRO, MPDO, and or-e representative from Social Welfare Department (ASWO to accompany the team in one Mandal and selected Wardens one for each of the other Mandals) should visit the village, conduct meeting and take steps for removal of two glass system in hotels making arrangements for temple entry to SCs and provide access to the public water sources as was done during the launching of the Campaign.

3. The visit should be organized on fixed date during the week through out the district in all Mandals.

4. NGOs, Non-Officials, Elected Representatives like MLAs, MPPs, MPTCs, ZPTCs Gram Sarpanchas and Ward Members and all Villagers are to be involved in the programme. The date of visit should be intimated in advance to the Sarpanchas as well as villagers.

5. The issues are to be tackled in a persuasive and positive manner in a congenial atmosphere avoiding eruption of any social confrontation.

6. Wide publicity to be given to the visit for which Press people may be invited.

7. After completion of the programme a comprehensive report covering all Mandals to be sent, giving the details of the activity taken-up during the visit.

SdJ-


217


ABSTRACT

S.W.D. - Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of atrocities on SCs/STs - Recommendation NO.5 of the Commission - Celebration of Civil Rights day on 30th of every month - Orders - Issued.

SOCIAL WELFARE (POA.l) DEPARTMENT

G.O.Ms.No.128 Dated 21/11/2001


1. G.0.Ms.No.92, S.W. (POA.1) Dept. dt.3/10/2001.

2. G.O.Ms.No.129, S.W. (POA.1) Dept. dt.21/11/2001

ORDER:-

In the G.O. 1St read above, orders were issue'd accepting all the recommendations of Justice Dr. K. Punnayya Commission of enquiry on eradical ion of untouchability and Prevention of atrocities on Scheduled Castes and Scheduled Tribes. It was also decided to launch an Action programme from 1 st November,' 2001 based on the recommendations which were approved by the Cabinet.

2. In G.O.Ms.No. 105, S.W. (POA. 1) Dept. dated 31/10/2001 Orders were issued to the effect that in order to eradicate the inhuman practice of Untouchability and to prevent atrocities against Scheduled Castes and Scheduled Tribes from all the villages in the State, it has been decided by the Government that all the Mandal Level Officials and Non-officials including representatives of the Endowments Department and NGOs along with a Police official not below the rank of Sub-Inspector of Police will visit one village in a week on a fixed day. This team will interact with all sections of the people in the village including SCs and STs and convince and persuade the upper caste people against the evils of Untouchability in its various forms and in whatever manner it is being practised and also against atrocities against SCs and STs, with special reference to the village concerned. The team should lead the SCs and STs into the village temple, provide access to the public water sources and get the "separate glass for SCs" system removed from the tea/coffee hotels. The team should also tackle any other village level social evils or superstitions like Jogini Basvini system, Bhanamati, Potharaju, bonded labour, manual scavenging etc.

3. One of the recommendations of Justice Dr. K. Punnayya Commission which was approved by the Cabinet during its meeting on 01/10/2001, is celebration of Civil Rights Day on the 30th of every month at the rate of one village in each Mandal.

4. Accordingly, Government has decided that the 30th of every month (28th in February) shall be celebrated as "Civil Rights Day" in one village in each Mandal. The orders issued in G.O.Ms.No.105, S.W. (POA.1) Dept. dated 31/1012001 have since been amended to the effect that the weekly visits to the villages will be taken up during the first 3 weeks only followed by the Civil Rights Day on the 30th of the month.

5. On that day, M.R.O., M.P.D.O., M.P.P officials of the Social Welfare Department, Endowments Department and other Mandai Level Officers including members of MPTC, ZPTC etc. will participate in the programme. The local Sarpanch, Vice President, Members of the Panchayat and also the chairpersons and members of the various Statutory Committees, the teachers, other influentials of the village as well as Religious Heads will also be associated with the programme. A Gram Sabha will be conducted during the course of which the Oath on eradication of untouchability will be administered and the Message from Hon'ble Chief Minister would be read out.

I

218

6. Special care should be taken by the visiting officials and non-officials to see that the issues are tackled in a persuasive and positive manner in a congenial atmosphere avoiding corruption of any social confrontation and tensions.

o 7. Cultural programmes like Dramas, Burra Kathas on the theme of Eradication of Untouchability and PCA on of SCs/STs will be conducted. Pamphlets and other publicity material will be used for educating the people on

the evils of untouchability and the need to treat the Dalits as equals. On that day the activities and programmes taken up in the weekly visits during the first 3 weeks as per G.0.Ms.No.105, S.W. (POA.1) Dept. dt.3 1/10/2001 and G.0.Ms.No.129, S.W.(POA.1) Dept. dated 2 1/11/2001 will be reviewed and a report sent to the District Collector.

A detailed report on the activities and programmes conducted on that day will be submitted to the District Collector by the Mandal Revenue Officer. The District Collector will send a consolidated report covering all the Mandals in the District to the Chief Secretary, Secretary to Govt. (Social Welfare) and Commissioner of Social Welfare.

All the District Collectors are requested to take necessary action accordingly.



ate ITO

All District Collectors.

All Superintendent of Polices, in the State.

am The Commissioner of Social Welfare, A.P. Hyderabad.

the The Director General of Police, AP. Hyderabad. ng 'he Copy to P.S. to Chief Secretary to Govt.

get aer ur,

net of I

as pt. up

ent ne the iso on ad

219

ya nd the

GOVERNMENT OFANDHRAPRADESH

ABSTRACT

Report of Justice Dr. K.Punnayya, Commission of Enquiry for Eradication of Untouchability and Prevention of 1 atrocities on Scheduled Castes and Scheduled Tribes-Recommendation No.4 of the Commission - Orders - Issued

SOCIAL WELFARE (POA.l) DEPARTMENT

G.O.Ms.No. 129 Dated 21/11/2001

Read the following:

1. G.O.Ms.No.92, S.W. (POA.l) Dept. dt.3/1012001.

2. G.O.Ms.No.105, S.W. (POA.1) Dept. dt.3 1/10/2001.

3. G.O.Ms.No.128, S.W. (POA.1) Dept. dt.21/11/2001.

ORDER:-

In partial modification of the Orders issued in the G.O. second read above, Government hereby direct that the programme of weekly visit to the villages by the. Mandal Level Officers will be as follows:-

(i) The visit to the villages for eradication of untouchability and prevention of atrocities against Scheduled Castes and Scheduled Tribes will be taken up during the first 3 weeks of the month on a fixed day.

(ii) Government further direct that the District Collector in consultation with the Superintendent of Police will decide one particular day of the week for the purpose.

(iii) The Civil Rights Day on the lines indicated in the GO third read above will be celebrated on the 30th of every month except in February during which it will be celebrated on the 28th.

2. All the District Collectors are requested to take necessary action accordingly.

3. The receipt of the G.O. should be acknowledged.



To


All Superintendent of Polices


The Commissioner of Tribal Welfare, A.P. Hyderabad.

Copy to Home Department.

Copy to Revenue Department

Copy to P.R. & R.D. Department.

220

GOVERNMENT OF ANDHRA PRADESH

SOCIAL WELFARE DEPARTMENT

From To

The Commissioner of Social Welfare, All the District Collectors in the State

A.P., Hyderabad.

Lr. Rc.No.H2/1 1643/2004, dated: 03-09-2004

Sir,

Sub: SWD - Campaign on eradication of untouchability and prevention of atrocities - Weekly visits and observation of Civil Rights day -. Regular month wise consolidated reports - request - Reg.

Ref: 1. G.O.Ms.No.105, SW(POA), Dept., dt. 31-10-2001.

2. G.O.Ms.No.128, SW(POA.1) Dept., dated 21-11-2001.

3. G.O.Ms.No.129, SW (POA.1) Dept., dated 2 1-11-2001.

4. This office D.Dis.D.O.Lr.No.H2 17947/2001, dated. 21-08-2002.

I invite attention to the references cited. According to G.O.Ms.No. 105, SW (POA) Dept. dt. 31-10-2001, all the Mandal level officials and non officials including representatives of the Endowment Department and NGOs, along with a Police official not below the rank of Sub Inspector will visit one village in a week on a fixed day. The team should persuade people against the evils of untouchability in its various forms and against atrocities against SCs/STs.

• 2) The team should lead the SCs and STs into the village temple, provide access to the public water sources and get the "separate glass for SCs system removed from the tealcoffee hotels.

3) The above programme should be drawn up in such a manner as to cover all the villages in a time frame after which the programme would be repeated till untouchability is fully eradicated. The Sub-Inspector and MRO will submit a monthly report to the District Collector who 'would 'consolidate the information pertaining to the entire district and send monthly report to the Commissioner of Social Welfare indicating the number of villages covered during the month and the particulars of work turned out. The achievements and activities under the programme shall be reviewed by the District Collectors in District Level Vigilance and Monitoring Committee meetings regularly.

4) I am to inform you that reports on weekly visits to the villages by nodal teams and observance of Civil Rights Day once in a month are not forthcoming from your district for a long time. I request you kindly to take necessary action to draw up a programme for the nodal teams to visit villages for the entire year and review the tour diaries of MROs and Sub Inspectors in the monthly Vigilance & Monitoring Committee meetings and send a regular monthly consolidated report without fail.

Yours faithfully,

Sd!-


221


ABSTRACT

S.W. Dept. -Organizing of Sanghika Samkshema Sadassulu at Assembly Consistency level-Guidelines -orders-Issued.

SOCIAL WELFARE (Coord-1) DEPARTMENT

G.O. Ms.No.88 Dated 16-11-2005

Read the following

1) Govt.Memo.No..6036/SW/Coord. 1/05. S.W.Dept. dated 2 1-7-2005.

2) From the Commissioner. Social Welfare, Hyderabad, Lr.No.M;3f10777/2004, dated 21 -7-2005.

3) From the Commissioner, Social Welfare, Hyderabad. Lr.No.M3fl 0m12004, dated 24-8-2005.

ORDER:

It is decided by Government to organize Sanghika Samkshema Sadassulu at Assembly Constituency- level, to create awareness among the weaker sections people about the programmes taken up for the welfare of Scheduled Castes. Prevention of atrocities against Scheduled Castes/Scheduled Tribes communities and eradication of untouchability among communities.

2. Sanghika Samkehma Sadassulu will be organized at Constituency level in each Assembly Constituency once in a year so that public awareness and participation can be built up at the field level in implementation of various schemes and programmes for Scheduled Castes. Accordingly; the following Guidelines for conducting Sanghika Samkehsma Sadassus are issued as under (1) Sanghika Samkshema Sadassus will be conducted at Assembly Constituency level covering all Assembly constituencies during the year in the months of November and December.

The District Collector will fix up the venue and date for organizing the "Sadassu". The venue may be selected preferably in a Mandal Head Quarters within the Assembly Constituency.

The Hon'ble Minister(s) of the District will also be invited to the Sadassu to participate. The concerned Non officials at the Assembly Constituency level and all concerned Officials and also NGOs involved in Dalit Welfare will be invited to participate in the Sadassu.

The District Collector and the Superintendent of Police shall participate in the above Sadassus. The Dy. Director (SW) will be the Convener for organizing the Sadassus.

An exhibition on activities connected with Dalit Welfare and prevention of atrocities shall be organized at the venue, by displaying Photographs, Charts and Pamphlets, depicting various developmental activities taken up for the Weaker Sections, especially Scheduled Casts/Scheduled Tribes, The details of various schemes for the Welfare of Dalits along with the budget allocations will be displayed.

Publicity materials in the form of Posters, Phamplets and Brouchers, etc, on Eradication of Untouchability and Prevention of Atrocities against Scheduled Castes/Scheduled Tribes, various developmental activities and schemes for Dalits shall be distributed at the meeting venue.

A Public meeting will be organized at the Venue, which will be prescribed over by the local MLA. A detailed report on various activities taken up in the District for Dalit Welfare shall be presented by the District collector.

222

(8) An amount not exceeding Rs.25,000I- (Rupees twenty five thousand only) be sanctioned for organizing each Sadassu, towards awareness campaign which is also inclusive of the cost of organizing the exhibition, and arrangements of the meeting.

3. The Commissioner, Social Welfare, in this proposal, dated 2 1-8-05, has stated, that an amount or Rs.25,000I- per Assembly Constituency may be sanctioned for each Sadassu, for meeting expenditure towards arrangements for the meeting, printing, publicity materials, etc., and a total amount of RS.73.50 lakhs is required for the entire State, during the current year 2005-06. An amount of Rs.75.00 lakhs, under "132-OOE Prevention and Atrocities Act", is available in the Budget Estimates for the year 2005-06. The Commissioner, Social Welfare, has stated that the total amount required for Sadassu, Le RS.73.50 lakhs, can be met from the above funds during the current year 2005-06.

The Commissioner, Social Welfare, has, therefore, requested the Government to accord sanction for meeting the expenditure to an extent of RS.73.50 lakhs, during the current year 2005-06, and to issue orders accordingly.

The Commissioner, Social Welfare, has, hereby approve the Guidelines, and accord sanction for incurring and expenditure of Rs.25,000/- (Rupees twenty five thousand only), per Assembly Constituency. The amount of Rs. 73.50 lakhs required for conducting the Sanghika Samkshema Sadassus in all Assembly Constituencies shall be met from the Budget provisions available with the Commissionarate of Social Welfare during the current financial year, 2005-06.

The expenditure sanctioned above shall be met from the following Head of Account. "132-OOE, Prevention of Atrocities Act"

The Commissioner, Social Welfare, Hyderabad, is requested to take necessary action in the matter.

This order issues with the concurrence of the Finance Department vide their U.O.No.292 /179/A 1/Exp- SW/OS, dated 18-10-2005.

The above order is available on http://www.aponline.gov.in


A. JOYENDRA PYAL PRINCIPAL SECRETARY TO GOVERNMENT

To : The Commissioner, Social Welfare, Hyderabad. 'I

223

-


ABSTRACT

Social Welfare Department-Acts. Act to Amend the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribe Act, 2003- Bringing into force-Notification-Reg.

SOCIAL WELFARE (PCR) DEPARTMENT

G.O.Ms.No.3 Dated: 14.02.2006.

ORDER

The following notification shall be published in the extraordinary issue of the Andhra Pradesh Gazette:-

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of Section. 1 of the Act to Amend the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes Act, 2003 (Andhra Pradesh Act No.18 of 2006), the Government of Andhra Pradesh, hereby appoints the 01.03.2006 as the date on which the provision of the said Act, shall come into force.


A. JOYENDRA PYAL

PRINCIPAL SECRETARY TO GOVERNMENT

To

The Commissioner, Printing, Stationary and Stores Purchase,

Andhra Pradesh, Hyderabad (for publication in the extraordinary Gazette).

All Departments in the Secretariat (with a request to communicate to all offices under their control)

The Special Secretary to Chief Minister,

All Ministers of Government of A.P.,

The Commissioner of Social Welfare., AP., Hyderabad,

The Commissioner of Tribal Welfare,AP., Hyderabad.

The Director General of Police, AP., Hyderabad,

The Registrar, High Court of AP., Hyderabad,

The Law ) Department,

SF/SC

224


FINANCE (EBS.Ill) DEPARTMENT

Memeo No. 731/38/A1/EBS.III/2014 Dated: 10/10/2014 Read the following:

Sub: Social Welfare Department - Expenditure incurred towards sanctin of monetaly relief and legal aid to the victims of Atrocities in relaxation of treasury control - clarification on authonsation - Reg.

Ref: 1. G.O.Ms.No.72, SW (Hi), Dept., dt. 15-02-1991.

2. G.O.Ms.No.3, SW (Hi) Dept., dt. 16-01-1991.

3. G.O.Ms.No.N1/4996/2013, dt. 25.09.2013 from DTA,AP, Hyd.

4. Memo No. 1744/213/A2/Exp.SW/2013, dt. 13.12.2013

5. D.O.Lr. from Collector and District Magistrate, E.G. Dist. Kakinada.

Government issued orders vide refernce 1st cited, exempting the expenditure on Monetary Relief and Legal Aid to the S.C. / S.T. victims of actrocities from treasurary control.

In the Government Order 2nd read above, the cash relief limit was enhanced based on Government o India guidelines.

The Director of Treasuries and Accounts in her letter 3rd cited requested the Government, to issue specific orders under which head of account the bills related to the monetary relief and legal aid to the victims of actrocities on S.C. / S.T. in relaxatin of treasury control orders should be admitted and passed.

In the memo 4th cited, it was clarified that the expenditure under monetary relief and legal aid to the SC/ST victims has to be booked in relaxation of treasurary control orders under M.S.S. and C.S.S. "2225-01-800-GH-06-MSS-GH-10-CSS-SH(04)- Monetary relief and legal aid to the victims of atrocities on SCs-310/312-OGIA since the scheme is shared between G.O.I. and G.O. A.P.

The District Collector, East Godavari in her letter 5th cited requested for issue suitable instructions to claim the bills under this scheme which are pending for sanction of relief at various sub treasury offices.

Government after careful examination of the matter hereby order that:

(i) The expenditure on monetary relief and legal aid to SC/ST victims or atrocities is exempted from treasury control and quarterly regulations.

(ii) This shall be debited to "2225-01-800-Other Expenditure-GH- 12-Centrally Assisted State Plan Schemes-SH-(04)-Monetary relief and legal aid to the victims of atrocities on S.C.s (to be opened)-310/312-Other Grant in Aid"

(iii) No Budget Other is required from Finance Department.

(iv) The Commissioner, Social Welfare shall submit supplementary proposals to the actual expenditure incurred under this Head of account every financial year in February to Finance Department.

AJEYA KALLAM PRINCIPAL SECRETARY TO GOVERNMENT

To

The Director of Treasuries and Accounts, A.P., Hyderabad. The Pay and Accounts Officer, A.P., Hyderabad. Social Welfare Department, A.P., Hyderabad. The Commissioner, Social Welfare, A.P. The District Collector, Kakinada, East Godavari District.

All the District Treasury Officers. All the District Collectors.

225

GOVERNMENT OF ANDHRAPRADESH SOCIAL WELFARE (CV.POA) DEPARTMENT

Memeo No. 7103/C.V.(POA)/2014 Dated: 15/11/2014

Read the following:

Sub: SWG-Sanction of Monetary relief to SC/ST Atrocity victims-Request for exemption of expenditure from treasury control for timely payment to victims - Reg.

Ref: 1. From the Commissioner of Social Welfare Department, A.P.

Hyderabad, Lr.Rc.No.G 1/7856/2011, Dt. 08-07-2014.

2. From the Commissioner of Social Welfare Department, A.P.

Hyderabad, Rc.No.G 1/7856/2011, Dt. 26-09-2014.

3. From Finance EBSIII Dept. Memo No.731/38/A1/EBS.IIII2014, Dt. 10.10.2014

A copy of the refernece 3rd cited is sent herewith to the Commissioner of Social Welfare, A.P., Hyderabad. She is informed that the Finance (EBS.III) Department have clarified in Memo No. 731/38/A 1/EBS .111/2014, Dt. 10.10.2014 that the expenditure under monitory relief and legal aid to the SC/ST victims has to be booked in relaxation of treasury control orders under M.S.S. and C.S.S. "2225-01-800-GH-06-MSS/GH-10-CSS-SH-(04)-Monitory relief and legal aid to the victims of atrocities on SCs-3 10/312-OGIA since the schemes is shared between G.O.I. and G.O.A.P.

Further the Finance Department has issued orders for claiming the bills under the said scheme which are pending for sanction of relief at various sub treasury offices as follows:-

1. The expenditure on monetary relief and legal aid to SC/ST victims of atrocities is exempted from treasury control and quarterly regulations.

2. This is shall be debited to 2225-01-800-Other Expenditure-GH- 12-Centrally Assisted State Plan Schemes-SH-(04)-Monetary relief and legal aid to the victims of atrocities on S.C.s (to be opened)-3 10/312-Other Grant in Aid"

3. No Bedget Release Order is required from Finance Department.

4. The Commissioner of Social Welfare shall submit supplementary Proposals to the actual expenditure incurred under this Head of account every financial year in February to Finance Department.

The Commissioner of Social Welfare, A.P., Hyderabad is therefore requested to follow the above instructions issued by the Finance Department and issure necessary instructions to all District Collectors, all District Treasury Authorities to follow the said instructions for sanctioning of bills related to Monetary relief to victims of atrocity of SCs and STs.

She is also requested to submit supplementary proposals to the actual expenditure incurred under the said head of account in every financial year in February to Finance Department.

S.S. RAWAT


To

The Commissioner, Social Welfare, A.P., Hyderabad. (we.)

Copy to:

All the District Collectors in the State.

All Joint Directors / Deputy Directors, Social Welfare Department in the State.

226

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES(PREVENTION OF ATROCITIES) AMENDMENT

ACT, 2015

NO. 1 OF 2016

[31st December, 2015.]

An Act to amend the Scheduled Castes and the Scheduled Tribes (Preventionof Atrocities) Act, 1989.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Amendment Act, 2015.

(2) It shall come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint.

2. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Act, 1989 (hereinafter referred to as the principal Act), in the long title, for the words “SpecialCourts”, the words “Special Courts and the Exclusive Special Courts” shall be substituted.

Short titleand com-mencement.

A m e n d m e n tof long title.33 of 1989.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—16

vlk/kkj.kEXTRAORDINARY

Hkkx II — [k.M 1PART II — Section 1

izkf/kdkj ls izdkf'krPUBLISHED BY AUTHORITY

lañ 1] ubZ fnYyh] 'kqØ okj] tuojh 1] 2016@ikS"k 11] 1937 ¼'kd½No. 1] NEW DELHI, FRIDAY, JANUARY 1, 2016/PAUSHA 11, 1937 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsASeparate paging is given to this Part in order that it may be filed as a separate compilation.

REGISTERED NO. DL—(N)04/0007/2003—16

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 1st January, 2016/Pausha 11, 1937 (Saka)

The following Act of Parliament received the assent of the President on the31st December, 2015, and is hereby published for general information:—

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

3. In section 2 of the principal Act, in sub-section (1),—

(i) after clause (b), the following clauses shall be inserted, namely:—

‘(bb) “dependent” means the spouse, children, parents, brother and sisterof the victim, who are dependent wholly or mainly on such victim for his supportand maintenance;

(bc) “economic boycott” means–

(i) a refusal to deal with, work for hire or do business with otherperson; or

(ii) to deny opportunities including access to services or contractualopportunities for rendering service for consideration; or

(iii) to refuse to do anything on the terms on which things would becommonly done in the ordinary course of business; or

(iv) to abstain from the professional or business relations that onewould maintain with other person;

(bd) “Exclusive Special Court” means the Exclusive Special Courtestablished under sub-section (1) of section 14 exclusively to try the offencesunder this Act;

(be) “forest rights” shall have the meaning assigned to it in sub-section(1) of section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006;

(bf) “manual scavenger” shall have the meaning assigned to it in clause(g) of sub-section (1) of section 2 of the Prohibition of Employment as ManualScavengers and their Rehabilitation Act, 2013;

(bg) “public servant” means a public servant as defined under section 21of the Indian Penal Code, as well as any other person deemed to be a publicservant under any other law for the time being in force and includes any personacting in his official capacity under the Central Government or the StateGovernment, as the case may be;’;

(ii) after clause (e), the following clauses shall be inserted, namely:—

‘(ea) “Schedule” means the Schedule appended to this Act;

(eb) “social boycott” means a refusal to permit a person to render to otherperson or receive from him any customary service or to abstain from socialrelations that one would maintain with other person or to isolate him fromothers;

(ec) “victim” means any individual who falls within the definition of the‘‘Scheduled Castes and Scheduled Tribes’’ under clause (c) of sub-section (1)of section 2, and who has suffered or experienced physical, mental, psychological,emotional or monetary harm or harm to his property as a result of the commissionof any offence under this Act and includes his relatives, legal guardian and legalheirs;

(ed) “witness” means any person who is acquainted with the facts andcircumstances, or is in possession of any information or has knowledge necessaryfor the purpose of investigation, inquiry or trial of any crime involving an offenceunder this Act, and who is or may be required to give information or make astatement or produce any document during investigation, inquiry or trial of suchcase and includes a victim of such offence;’;

Amendmentof section 2.

2 of 2007.

25 of 2013.

45 of 1860.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(iii) for clause (f), the following clause shall be substituted, namely:—

“(f) the words and expressions used but not defined in this Act and definedin the Indian Penal Code, the Indian Evidence Act, 1872 or the Code of CriminalProcedure, 1973, as the case may be, shall be deemed to have the meaningsrespectively assigned to them in those enactments.”.

4. In section 3 of the principal Act,––

(i) for sub-section (1), the following sub-section shall be substituted, namely:—

‘(1) Whoever, not being a member of a Scheduled Caste or a ScheduledTribe,–

(a) puts any inedible or obnoxious substance into the mouth of amember of a Scheduled Caste or a Scheduled Tribe or forces such memberto drink or eat such inedible or obnoxious substance;

(b) dumps excreta, sewage, carcasses or any other obnoxioussubstance in premises, or at the entrance of the premises, occupied by amember of a Scheduled Caste or a Scheduled Tribe;

(c) with intent to cause injury, insult or annoyance to any member ofa Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter,carcasses or any other obnoxious substance in his neighbourhood;

(d ) garlands with footwear or parades naked or semi-naked a memberof a Scheduled Caste or a Scheduled Tribe;

(e) forcibly commits on a member of a Scheduled Caste or a ScheduledTribe any act, such as removing clothes from the person, forcible tonsuringof head, removing moustaches, painting face or body or any other similaract, which is derogatory to human dignity;

(f) wrongfully occupies or cultivates any land, owned by, or in thepossession of or allotted to, or notified by any competent authority to beallotted to, a member of a Scheduled Caste or a Scheduled Tribe, or getssuch land transferred;

(g) wrongfully dispossesses a member of a Scheduled Caste or aScheduled Tribe from his land or premises or interferes with the enjoymentof his rights, including forest rights, over any land or premises or water orirrigation facilities or destroys the crops or takes away the producetherefrom.

Explanation.––For the purposes of clause ( f ) and this clause, theexpression “wrongfully” includes—

(A) against the person’s will;

(B) without the person’s consent;

(C) with the person’s consent, where such consent has beenobtained by putting the person, or any other person in whom theperson is interested in fear of death or of hurt; or

(D) fabricating records of such land;

(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do“begar” or other forms of forced or bonded labour other than anycompulsory service for public purposes imposed by the Government;

(i) compels a member of a Scheduled Caste or a Scheduled Tribe todispose or carry human or animal carcasses, or to dig graves;

45 of 1860.

1 of 1872.

2 of 1974.



(j) makes a member of a Scheduled Caste or a Scheduled Tribe to domanual scavenging or employs or permits the employment of such memberfor such purpose;

(k) performs, or promotes dedicating a Scheduled Caste or aScheduled Tribe woman to a deity, idol, object of worship, temple, or otherreligious institution as a devadasi or any other similar practice or permitsaforementioned acts;

(l) forces or intimidates or prevents a member of a Scheduled Casteor a Scheduled Tribe—

(A) not to vote or to vote for a particular candidate or to votein a manner other than that provided by law;

(B) not to file a nomination as a candidate or to withdraw suchnomination; or

(C) not to propose or second the nomination of a member of aScheduled Caste or a Scheduled Tribe as a candidate in any election;

(m) forces or intimidates or obstructs a member of a Scheduled Casteor a Scheduled Tribe, who is a member or a Chairperson or a holder of anyother office of a Panchayat under Part IX of the Constitution or aMunicipality under Part IXA of the Constitution, from performing theirnormal duties and functions;

(n) after the poll, causes hurt or grievous hurt or assault or imposesor threatens to impose social or economic boycott upon a member of aScheduled Caste or a Scheduled Tribe or prevents from availing benefitsof any public service which is due to him;

(o) commits any offence under this Act against a member of aScheduled Caste or a Scheduled Tribe for having voted or not havingvoted for a particular candidate or for having voted in a manner providedby law;

(p) institutes false, malicious or vexatious suit or criminal or otherlegal proceedings against a member of a Scheduled Caste or a ScheduledTribe;

(q) gives any false or frivolous information to any public servantand thereby causes such public servant to use his lawful power to theinjury or annoyance of a member of a Scheduled Caste or a ScheduledTribe;

(r) intentionally insults or intimidates with intent to humiliate amember of a Scheduled Caste or a Scheduled Tribe in any place withinpublic view;

(s) abuses any member of a Scheduled Caste or a Scheduled Tribeby caste name in any place within public view;

(t) destroys, damages or defiles any object generally known to beheld sacred or in high esteem by members of the Scheduled Castes or theScheduled Tribes.

Explanation.––For the purposes of this clause, the expression“object” means and includes statue, photograph and portrait;

(u) by words either written or spoken or by signs or by visiblerepresentation or otherwise promotes or attempts to promote feelings ofenmity, hatred or ill-will against members of the Scheduled Castes or theScheduled Tribes;


(v) by words either written or spoken or by any other meansdisrespects any late person held in high esteem by members of theScheduled Castes or the Scheduled Tribes;

(w) (i) intentionally touches a woman belonging to a ScheduledCaste or a Scheduled Tribe, knowing that she belongs to a ScheduledCaste or a Scheduled Tribe, when such act of touching is of a sexualnature and is without the recipient’s consent;

(ii) uses words, acts or gestures of a sexual nature towards a womanbelonging to a Scheduled Caste or a Scheduled Tribe, knowing that shebelongs to a Scheduled Caste or a Scheduled Tribe.

Explanation.––For the purposes of sub-clause (i), the expression“consent” means an unequivocal voluntary agreement when the personby words, gestures, or any form of non-verbal communication,communicates willingness to participate in the specific act:

Provided that a woman belonging to a Scheduled Caste or aScheduled Tribe who does not offer physical resistance to any act of asexual nature is not by reason only of that fact, is to be regarded asconsenting to the sexual activity:

Provided further that a woman’s sexual history, including with theoffender shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or any othersource ordinarily used by members of the Scheduled Castes or theScheduled Tribes so as to render it less fit for the purpose for which it isordinarily used;

( y) denies a member of a Scheduled Caste or a Scheduled Tribe anycustomary right of passage to a place of public resort or obstructs suchmember so as to prevent him from using or having access to a place ofpublic resort to which other members of public or any other section thereofhave a right to use or access to;

(z) forces or causes a member of a Scheduled Caste or a ScheduledTribe to leave his house, village or other place of residence:

Provided that nothing contained in this clause shall apply to anyaction taken in discharge of a public duty;

(za) obstructs or prevents a member of a Scheduled Caste or aScheduled Tribe in any manner with regard to—

(A) using common property resources of an area, or burial orcremation ground equally with others or using any river, stream,spring, well, tank, cistern, water-tap or other watering place, or anybathing ghat, any public conveyance, any road, or passage;

(B) mounting or riding bicycles or motor cycles or wearingfootwear or new clothes in public places or taking out weddingprocession, or mounting a horse or any other vehicle during weddingprocessions;

(C) entering any place of worship which is open to the publicor other persons professing the same religion or taking part in, ortaking out, any religious, social or cultural processions includingjatras;

(D) entering any educational institution, hospital, dispensary,primary health centre, shop or place of public entertainment or any


other public place; or using any utensils or articles meant for publicuse in any place open to the public; or

(E) practicing any profession or the carrying on of anyoccupation, trade or business or employment in any job which othermembers of the public, or any section thereof, have a right to use orhave access to;

(zb) causes physical harm or mental agony of a member of a ScheduledCaste or a Scheduled Tribe on the allegation of practicing witchcraft orbeing a witch; or

(zc) imposes or threatens a social or economic boycott of any personor a family or a group belonging to a Scheduled Caste or a ScheduledTribe,

shall be punishable with imprisonment for a term which shall not be less than sixmonths but which may extend to five years and with fine.’;

(ii) in sub-section (2),––

(a) in clause (v), for the words “on the ground that such person is amember of a Scheduled Caste or a Scheduled Tribe or such property belongs tosuch member”, the words “knowing that such person is a member of a ScheduledCaste or a Scheduled Tribe or such property belongs to such member” shall besubstituted;

(b) after clause (v), the following clause shall be inserted, namely:––

“(va) commits any offence specified in the Schedule, against a personor property, knowing that such person is a member of a Scheduled Casteor a Scheduled Tribe or such property belongs to such member, shall bepunishable with such punishment as specified under the Indian PenalCode for such offences and shall also be liable to fine.”.

5. For section 4 of the principal Act, the following section shall be substituted, namely:—

“4. (1) Whoever, being a public servant but not being a member of a ScheduledCaste or a Scheduled Tribe, wilfully neglects his duties required to be performed byhim under this Act and the rules made thereunder, shall be punishable with imprisonmentfor a term which shall not be less than six months but which may extend to one year.

(2) The duties of public servant referred to in sub-section (1) shall include––

(a) to read out to an informant the information given orally, and reduced towriting by the officer in charge of the police station, before taking the signatureof the informant;

(b) to register a complaint or a First Information Report under this Act andother relevant provisions and to register it under appropriate sections of thisAct;

(c) to furnish a copy of the information so recorded forthwith to theinformant;

(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the Special Courtor the Exclusive Special Court within a period of sixty days, and to explain thedelay if any, in writing;

(f) to correctly prepare, frame and translate any document or electronicrecord;

45 of 1860.

Substitution ofnew sectionfor section 4.

Punishmentfor neglect ofduties.


(g) to perform any other duty specified in this Act or the rules madethereunder:

Provided that the charges in this regard against the public servant shall bebooked on the recommendation of an administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred to insub-section (2) by a public servant shall be taken by the Special Court or the ExclusiveSpecial Court and shall give direction for penal proceedings against such publicservant.”.

6. In section 8 of the principal Act,––

(i) in clause (a), for the words “any financial assistance to a person accused of”,the words “any financial assistance in relation to the offences committed by a personaccused of” shall be substituted;

(ii) after clause (b), the following clause shall be inserted, namely:––

“(c) the accused was having personal knowledge of the victim or hisfamily, the Court shall presume that the accused was aware of the caste or tribalidentity of the victim, unless the contrary is proved.”.

7. In section 10 of the principal Act, in sub-section (1),––

(a) after the words and figures “article 244 of the Constitution”, the words,brackets and figures “or any area identified under the provisions of clause (vii) ofsub-section (2) of section 21” shall be inserted;

(b) for the words “two years”, the words “three years” shall be substituted.

8. For section 14 of the principal Act, the following section shall be substituted,namely:––

“14. (1) For the purpose of providing for speedy trial, the State Governmentshall, with the concurrence of the Chief Justice of the High Court, by notification in theOfficial Gazette, establish an Exclusive Special Court for one or more Districts:

Provided that in Districts where less number of cases under this Act is recorded,the State Government shall, with the concurrence of the Chief Justice of the HighCourt, by notification in the Official Gazette, specify for such Districts, the Court ofSession to be a Special Court to try the offences under this Act:

Provided further that the Courts so established or specified shall have power todirectly take cognizance of offences under this Act.

(2) It shall be the duty of the State Government to establish adequate number ofCourts to ensure that cases under this Act are disposed of within a period of twomonths, as far as possible.

(3) In every trial in the Special Court or the Exclusive Special Court, theproceedings shall be continued from day-to-day until all the witnesses in attendancehave been examined, unless the Special Court or the Exclusive Special Court finds theadjournment of the same beyond the following day to be necessary for reasons to berecorded in writing:

Provided that when the trial relates to an offence under this Act, the trial shall, asfar as possible, be completed within a period of two months from the date of filing ofthe charge sheet.”.



Substitutionof newsection forsection 14.

Special Courtand ExclusiveSpecial Court.


9. After section 14 of the principal Act, the following section shall be inserted, namely:—

“14A. (1) Notwithstanding anything contained in the Code of CriminalProcedure,1973, an appeal shall lie, from any judgment, sentence or order, not being aninterlocutory order, of a Special Court or an Exclusive Special Court, to the High Courtboth on facts and on law.

(2) Notwithstanding anything contained in sub-section (3) of section 378 of theCode of Criminal Procedure, 1973, an appeal shall lie to the High Court against an orderof the Special Court or the Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law for the time being inforce, every appeal under this section shall be preferred within a period of ninety daysfrom the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the saidperiod of ninety days if it is satisfied that the appellant had sufficient cause for notpreferring the appeal within the period of ninety days:

Provided further that no appeal shall be entertained after the expiry of the periodof one hundred and eighty days.

(4) Every appeal preferred under sub-section (1) shall, as far as possible, bedisposed of within a period of three months from the date of admission of the appeal.”.

10. For section 15 of the principal Act, the following section shall be substituted,namely:—

“15. (1) For every Special Court, the State Government shall, by notification inthe Official Gazette, specify a Public Prosecutor or appoint an advocate who has beenin practice as an advocate for not less than seven years, as a Special Public Prosecutorfor the purpose of conducting cases in that Court.

(2) For every Exclusive Special Court, the State Government shall, by notificationin the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint anadvocate who has been in practice as an advocate for not less than seven years, as anExclusive Special Public Prosecutor for the purpose of conducting cases in that Court.”.

11. After Chapter IV of the principal Act, the following Chapter shall be inserted,namely:—

“CHAPTER IVA

RIGHTS OF VICTIMS AND WITNESSES

15A. (1) It shall be the duty and responsibility of the State to make arrangementsfor the protection of victims, their dependents, and witnesses against any kind ofintimidation or coercion or inducement or violence or threats of violence.

(2) A victim shall be treated with fairness, respect and dignity and with dueregard to any special need that arises because of the victim’s age or gender oreducational disadvantage or poverty.

(3) A victim or his dependent shall have the right to reasonable, accurate, andtimely notice of any Court proceeding including any bail proceeding and the SpecialPublic Prosecutor or the State Government shall inform the victim about any proceedingsunder this Act.

(4) A victim or his dependent shall have the right to apply to the Special Court orthe Exclusive Special Court, as the case may be, to summon parties for production ofany documents or material, witnesses or examine the persons present.

Insertion ofnew section14A.

Appeals.

2 of 1974.

2 of 1974.

Substitution ofnew section forsection 15.

Special PublicProsecutorand ExclusivePublicProsecutor.

Insertion ofnew ChapterIVA.

Rights ofvictims andwitnesses.


(5) A victim or his dependent shall be entitled to be heard at any proceedingunder this Act in respect of bail, discharge, release, parole, conviction or sentence ofan accused or any connected proceedings or arguments and file written submissionon conviction, acquittal or sentencing.

(6) Notwithstanding anything contained in the Code of Criminal Procedure,1973, the Special Court or the Exclusive Special Court trying a case under this Act shallprovide to a victim, his dependent, informant or witnesses—

(a) the complete protection to secure the ends of justice;

(b) the travelling and maintenance expenses during investigation, inquiryand trial;

(c) the social-economic rehabilitation during investigation, inquiry andtrial; and

(d) relocation.

(7) The State shall inform the concerned Special Court or the Exclusive SpecialCourt about the protection provided to any victim or his dependent, informant orwitnesses and such Court shall periodically review the protection being offered andpass appropriate orders.

(8) Without prejudice to the generality of the provisions of sub-section (6), theconcerned Special Court or the Exclusive Special Court may, on an application made bya victim or his dependent, informant or witness in any proceedings before it or by theSpecial Public Prosecutor in relation to such victim, informant or witness or on its ownmotion, take such measures including––

(a) concealing the names and addresses of the witnesses in its orders orjudgments or in any records of the case accessible to the public;

(b) issuing directions for non-disclosure of the identity and addresses ofthe witnesses;

(c) take immediate action in respect of any complaint relating to harassmentof a victim, informant or witness and on the same day, if necessary, pass appropriateorders for protection:

Provided that inquiry or investigation into the complaint received underclause (c) shall be tried separately from the main case by such Court andconcluded within a period of two months from the date of receipt of the complaint:

Provided further that where the complaint under clause (c) is against anypublic servant, the Court shall restrain such public servant from interfering withthe victim, informant or witness, as the case may be, in any matter related orunrelated to the pending case, except with the permission of the Court.

(9) It shall be the duty of the Investigating Officer and the Station House Officerto record the complaint of victim, informant or witnesses against any kind of intimidation,coercion or inducement or violence or threats of violence, whether given orally or inwriting, and a photocopy of the First Information Report shall be immediately given tothem at free of cost.

(10) All proceedings relating to offences under this Act shall be video recorded.

(11) It shall be the duty of the concerned State to specify an appropriate schemeto ensure implementation of the following rights and entitlements of victims andwitnesses in accessing justice so as––

(a) to provide a copy of the recorded First Information Report at free ofcost;

2 of 1974.


(b) to provide immediate relief in cash or in kind to atrocity victims or theirdependents;

(c) to provide necessary protection to the atrocity victims or theirdependents, and witnesses;

(d) to provide relief in respect of death or injury or damage to property;

(e) to arrange food or water or clothing or shelter or medical aid or transportfacilities or daily allowances to victims;

(f) to provide the maintenance expenses to the atrocity victims and theirdependents;

(g) to provide the information about the rights of atrocity victims at thetime of making complaints and registering the First Information Report;

(h) to provide the protection to atrocity victims or their dependents andwitnesses from intimidation and harassment;

(i) to provide the information to atrocity victims or their dependents orassociated organisations or individuals, on the status of investigation and chargesheet and to provide copy of the charge sheet at free of cost;

( j) to take necessary precautions at the time of medical examination;

(k) to provide information to atrocity victims or their dependents orassociated organisations or individuals, regarding the relief amount;

(l) to provide information to atrocity victims or their dependents orassociated organisations or individuals, in advance about the dates and place ofinvestigation and trial;

(m) to give adequate briefing on the case and preparation for trial to atrocityvictims or their dependents or associated organisations or individuals and toprovide the legal aid for the said purpose;

(n) to execute the rights of atrocity victims or their dependents orassociated organisations or individuals at every stage of the proceedings underthis Act and to provide the necessary assistance for the execution of the rights.

(12) It shall be the right of the atrocity victims or their dependents, to takeassistance from the Non-Government Organisations, social workers or advocates.”.

12. After section 23 of the principal Act, the following Schedule shall be inserted,namely:––

“THE SCHEDULE

[See section 3(2) (va)]

Section under the Name of offence and punishmentIndian Penal Code

120A Definition of criminal conspiracy.

120B Punishment of criminal conspiracy.

141 Unlawful assembly.

142 Being member of unlawful assembly.

Insertion ofnew Schedule.


143 Punishment for unlawful assembly.

144 Joining unlawful assembly armed with deadly weapon.

145 Joining or continuing in unlawful assembly, knowing it has beencommanded to disperse.

146 Rioting.

147 Punishment for rioting.

148 Rioting, armed with deadly weapon.

217 Public servant disobeying direction of law with intent to save personfrom punishment or property from forfeiture.

319 Hurt.

320 Grievous hurt.

323 Punishment for voluntarily causing hurt.

324 Voluntarily causing hurt by dangerous weapons or means.

325 Punishment for voluntarily causing grievous hurt.

326B Voluntarily throwing or attempting to throw acid.

332 Voluntarily causing hurt to deter public servant from his duty.

341 Punishment for wrongful restraint.

354 Assault or criminal force to woman with intent to outrage hermodesty.

354A Sexual harassment and punishment for sexual harassment.

354B Assault or use of criminal force to woman with intent to disrobe.

354C Voyeurism.

354D Stalking.

359 Kidnapping.

363 Punishment for kidnapping.

365 Kidnapping or abducting with intent secretly and wrongfully toconfine person.

376B Sexual intercourse by husband upon his wife during separation.

376C Sexual intercourse by a person in authority.

447 Punishment for criminal trespass.

506 Punishment for criminal intimidation.

509 Word, gesture or act intended to insult the modesty of a woman.”.

Section under the Name of offence and punishmentIndian Penal Code

13. (1) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance, 2014 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principalAct, as amended by the said Ordinance, shall be deemed to have been done or taken underthe corresponding provisions of the principal Act, as amended by this Act.

————

DR. G. NARAYANA RAJU,Secretary to the Govt. of India.

Repeal andsaving.

Ord.1 of 2014.

GMGIPMRND—3979GI(S3)—02-01-2016.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHIAND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

సాంఘికసాంక్షేమశాఖ

ఆాంధ్రధ్రదేశ్ ధ్రభుత్వ ాం

ధ్ామసచివాలయ

సాంక్షేమాంమరియువిద్యా

సహాయకుల

శిక్షణకార్ా ధ్కమముషెడ్డ్య ూ ల్డయకులములమరియుషెడ్డ్యడ్డ్య ూ ల్డయ తెగల

(అత్యూ చారనివారణ ) చట్టము, 1989

ఉదేేశా్ ాం

షెడ్డ్య ూ ల్డయ కులముల మరియు షెడ్డ్య ూ ల్డయ తెగల కు చెందిన వారి పట్ల అత్యూ చార

అపరాధములు చేయకుెండా నివారిెంచుట్కు, అట్టట అపరాధముల విచారణకై ప్పత్యూ క

న్యూ యసా్థనములను ఏరాా టు చేయుట్కు, అట్టట అపరాధములకు గురియైన బాధితులకు

సహాయము,మరియుపునరావాసముకల్పా ౦చుట్కు.ఈచట్టమునురూపెందిెంచారు.

ఉదే్దశెం

నివారణచరూ లు సహాయము & పునరావాసెం

శిక్షలుప్పత్యూ క

న్యూ యాసా్థన్యలు

స్థెంఘికసెంక్షేమశాఖ -స్థమాజికన్యూ యెం -చట్టటలు

అత్యా చార్అరరారములు

అవమానాంచడాం

:-తినగూడనిలేకఅసహ్ూ కరమైనపదార ధమునుతినిపెంచడెం

-ఇెంట్ట ఆవరణెంలో మలమూప్రములను, వూ ర ధ పదార ధమును, జెంతు

మృరకళేబరములను లేక ఏదైన్య ఇరర అసహ్ూ కరమైన పదార ధమును

పడవేయట్ెం

-దుస్తులను తొలగెంచడెం, నగన ముగా లేదా అరనేగన ముగా చేయడెం

ముఖమునకులేక శరీరమునకురెంగుపూసి వీధులలోనడిపెంచడెం

-పాదరక్షలతో దెండనుమెడలోవేయడెం

-శిరోముెండనెం,మీస్థలనుతొలగెంచడెం

-కులoపేరుతో దూషెంచడెం ,కులెంపేరునుదురిి నియోగెంచేయడెం

భూమివిషయాలు :

-భూమినుెండి తొలగెంచడెం

-అట్వీ హ్కుు లతో సహా అరనికి భూమి పై గల హ్కుు లలో జోకూ ెం

చేస్తకోవడెం

-స్థగుకుఆట్ెంకెం కల్పగెంచడెం

-నీట్టపై గల హ్కుు లను అనుభవిెంచకుెండ జోకూ ము

కలుగజేస్తకొవడెం.నీట్టనిమురికిచయూ డెంలేదాపాడుచేయడెం.

-అరనికి కేట్టయిoచిన లేక కేట్టయిoచుట్కు కెంపటెంట్ అధికరి

నిర్దశేిెంచిన భూమినిఆప్కమిెంచుకోవడెం.



బలవెంరపెట్టడెం

-వెట్టటచాకిరీచేయమని,

-మృరద్దహాలనుపారవేసెందుకులేదా

తీస్తకువెళ్ళ డానికి,సమాధులనుప్రవి ట్టనికిబలవెంరెం

చేయడెం

-మానుూ వల్డస్థు వెెంజిెంగ్చేయమనడెం

-మహిళ్నుద్దవదాసీగాచేయడెం

-మెంప్రగతెు గముప్దవేయడెం


ఎనిన కలుసెంబదిరనేరచరూ లు :-

-ఓటువేయకుెండాచేయడెం

-న్యమినేషన్దాఖలుచేయకుెండా చేయడెం

-ఒకనిరిషేటఅభూ రికాి ఓటువేయనివి కపోవడెం

-ఓటువేయడెంకోసెం చట్టెం నిర్దశేిెంచినవిధాన్యనిన పాట్టెంచకపోవడెం .

-ఓట్టెంగ్అనెంరర హిెంసమరియుస్థమాజికమరియుఆరికా బహిషు రణ

విధిెంచడెం

-పెంచాయతీలేదామునిసిపాల్పటీకరాూ లయఅధికరహాదాలోవిధులను

నిరి రి ుెంచకుెండాబలవెంరెంచేయడెం, బెదిరిెంచడెంలేదాఅడుయకోవడెం


స్త్సీుల పట్లచడు ప్పవర ునమహిళ్నుసమమ తిలేకుెండాత్యకడెం, లెంగకసి భావెం గల

చరూ లులేదాహావభావాలుఉపయోగెంచడెం.

- లoగకెంగా వేధిెంచడెం

- అత్యూ చారెంచేయడo

- స్థమూహికఅత్యూ చారెం

- ప్పకృతికివిరుదేలెంగకచరూ లు

- యాసిడ్దాడిచేయడెంలేదఅెందుకు ప్పయతిన ెంచడెం

- అధికరానిన అడుయపెటుటకొనిలెంగకవేధిెంపులు

- అమరాూ ద ప్పవర ున

- వోయిరిజెం

- డ్డ్యస్థట ల్పు ెంగ్

- అవమానిెంచడెం


కులాంలేద్యవర్గాం రట్ల చెడుధ్రవర్తన

-ఉదే్దశపూరి కెంగాఅవమానిెంచడెంలేదాబెదిరిెంచడెం.

-కులo పేరుదాి రా దూషెంచడెం , కులెంపేరునుదురిి నియోగెం

చేయడెం .

-పవిప్రమైనలేదాఅధికగౌరవెంఉనన ఏదైన్యవస్తువును( విప్గహ్ెం,

చిప్రపట్ెం, ఫోటో) నిరామ ణానిన న్యశనెంచేయడెం, దెబబ తీయడెం

లేదాఅపవిప్రెంచేయడెం.

-యాసిడ్దాడిచేయడెంలేదఅెందుకు ప్పయతిన ెంచడెం.


రబ్లలక్ ధ్రదేశాలనరాకర్ణ

-ఖననెంలేదాదహ్నమైదానెం

- రవాణా, ఏదైన్యరహ్దారిలేదామారగెంనుఉపయోగెంచడెంనుఏవిధెంగానైన్యఅడుయకోవడెం

- సైకిళ్లనులేదామోట్టరుసైకిళ్ళ పై ప్పయాణెంచడెంనుఅడుయకోవడెం .

-బహిరెంగ ప్పద్దశాలోల పాదరక్షలులేదాకొరుబట్టలుధరిెంచడెంనునిరాకరిెంచడెం .

-వివాహ్ఊర్దగెంపునులేదావివాహ్ఊర్దగెంపులసమయెంలోగుప్రెంలేదామర్దఇరరవాహ్న్యనిన

ఎకు డెంనుఅడుయకోవడెం.

-పబ్లలక్ రిస్థర్ట టకి వెళేళ హ్కుు నుతిరసు రిెంచడెం

-విదాూ సెంస,ా ఆస్తపప్తి, డిస్పా నస రీ, ప్పాధమికఆరోగూ కేెంప్దెం, దుకణెం, ప్పజావినోద ప్పద్దశెం.

ప్పజలఉపయోగెంకోసెంఉదే్దశిెంచినఏదైన్యవెంట్పాప్రలులేదావస్తువులనుఉపయోగెంచడెం.

బహిష్క ర్ణ

బహిష్క ర్ణఆరికిబహిష్క ర్ణ సమజిక

బహిష్క ర్ణ

సవ సథలాంనాండిబహిష్క ర్ణ

బహిష్క ర్ణ:

-ఇలుల,

-ప్గామెం,

-నివాస డ్డ్యసనా్నిన బలవెంరెంగా వదిల్ప వెళేళ ల

చయూ డెం

సమాజికబహిష్క ర్ణ :-

-స్థమాజిక బహిషు రణ అెంటే ఒక వూ కి ుని ఇరరులు

నిరాకరిెంచడెం.

-వూ కి ు లేదా అరని నుెండి ఏదైన్య ఆచార సవను

సీి కరిెంచడెంను స్థమాజికెంగామానుకోవడెం.

-ఒకరు ఇరర వూ కి ుతో కొనస్థగెంచే సెంబెంధాల నుెండి

అరనినివేరుచేయడెం.

ఆరికిబహిష్క ర్ణ :-

-పనిలోకి తీస్తకోవడెం/ వాూ పారెం నిరి హిెంచడెం ను

తిరసు రిెంచుట్ెం.

-వృతిుఅవకశాలనుతిరసు రిెంచడెం.

-స్థధారణ/ ఆరికే న్వాద్దవిలు ఏ రూపెంలోనివైన

తిరసు రిెంచడెం.

-వృతిుపరమైన లేదా వాూ పార సెంబెంధాలకు దూరెంగా

ఉెంచడెం.


త్ప్పు డు, హానకర్మైన ద్యవావేయడాం

-ప్పభురి అధికరికి రపుా డుమరియుపనికిరానిసమాచారెం

ఇవి డెం

-ప్పభురి అధికరి చేతిలోబాధితులుగాచేయడెం

తీధ్వనేరాలు :

హ్రూ ,

ఊచకోర,

అత్యూ చారెం,

స్థమూహికఅత్యూ చారెం,

శాశి రవైకలూ ెం

▪ రపుా డుస్థక్షూ ెం ఇచుు ట్ దాి రా

▪ మరణశిక్షవిధిెంచినపాు డురపుా డులేదాకల్పా రస్థక్షూ ెం ఇచిు న వూ కి ుకి మరణశిక్ష

విధిెంచబడును .

▪ 7 సెంవరస రములు లేదాఅెంరకెంటేఎకుు వకలవూ వధికిజైలుశిక్షఅనుభవిెంచినచో

రపుా డులేదాకల్పా రస్థక్షూ ెంఇచిు న వూ కి ుకీ 7 సెంవరస రములులేదాఅెంరకెంటే

ఎకుు వసమయెంజైలుశిక్ష మరియుజరిమాన్యవిధిెంచదగును.

అత్యా చార్అరరారములు - శిక్షలు

ఆస్తతకినష్టము

-అగన దాి రాగానిఏద్దని ప్పేలుడుపదారధముదాి రాగాని

నష్టటనికి పాలా డినచో అరడు 6 నెలలకురకుు వ కకుెండా 7

సెంవరస రములులేదాఅెంరకెంటే ఎకుు వ సమయెంజైలుశిక్ష

మరియుజరిమాన్యవిధిెంచదగును .

-ఆరాధన డ్డ్యసలాము / నివాస డ్డ్యసలాము/ ఆసిుని రక్షెంచుభవనమును

అగన దాి రాగానిఏద్దని ప్పేలుడు పదారధముదాి రానష్టటనికి

పాలా డినచో అరనికి యావజ్జవీ జైలుశిక్ష మరియుజరిమాన్య

విధిెంచదగును .


If public servant commits any atrocity ?

• ప్పజా అధికరి ఏద్దని అపరాధమును చేసినచో అరడు 1 సెంవరస రము కెంటే రకుు వ

కకుెండా , అయిత్య ఆ అపరాధమునకు నిర్దశేిెంచిన శిక్ష మేరకు ఉెండగల కన్వధికి

జైలుశిక్ష విధిెంచదగును .

If public servant does not discharge duties under the act ?

• ఎసీస / ఎస్.ట్టకులమునకుచెందిన వూ కి ు ప్పజాఅధికరియై వుెండిఈ చట్టము కిెందత్యను

నిరి రి ుెంచవలసిన కర ువూ ములను బుదిపేూరి కముగా ఉపేక్షెంచినచో అరడు 6 నెలల

కెంటేరకుు వకకుెండా 1సెంవరస రము వరకుజైలుశిక్ష విధిెంచదగును .

• Largely related to Police duties like FIR regn, investigation,…


ముాందస్తత బహిష్క ర్ణ :

REMOVAL OF A PERSON LIKELY TO COMMIT OFFENCE

• షెడుూ ల్డయ కులమునకు లేదా షెడుూ ల్డయ తెగలకు చెందిన వారి పట్ల ఏద్దని

అపరాధమును బహుశా చేయగలడని ప్పత్యూ క న్యూ యసా్థనమునకు ఫిరాూ దు లేదా

పోలీస్త రిపోర్టట అెందిన మీదట్ నిరాధ రణ అయినపుా డు ప్పత్యూ క న్యూ యసా్థనము

ఉరురిు దిా రా ఆ ప్పాెంరమునుెండి సదరు వూ కి ుని 2 సెంవరస రములు మిెంచని

కలవూ వధితో బహిషు రణచేయవచుు ను .

అత్యా చార్అరరారములు -ముాందస్తత బహిష్క ర్ణ

• విచారణ వేగముగాజరుపుట్కుగాను ప్పభురి ము, ఉనన రన్యూ యసా్థనపు

ముఖూ న్యూ యమూరిుసమమ తితో, ఒకోు కు జిన్ల కు లేదాకొనిన జిన్ల లకు

కల్పపఒక ప్పత్యూ కన్యూ యసా్థనమునుఏరాా టుచేయవలెను .

• ఆన్యూ యసా్థనములోనికేస్తలనునడుపుట్కుఒక ప్పత్యూ క పబ్లలకు

ప్పాసికుూ ట్రును నియమిెంచవలెను , లేదాఏడుసెంవరస రములకెంటే

రకుు వకనీకలముపాటున్యూ యవాదవృతిులోఉెండినఒక న్యూ యవాదిని

నియమిెంచవలెను.

• విచారణను 2 నెలలలోపూరిుచేయవలెను

ధ్రత్యా క నా్య యసథ నములు: EXCLUSIVE SPECIAL COURTS

• అత్యూ చారాలకు గురియైన వూ కుులు న్యూ యము పెందుట్కు వీలుగా వారికి

న్యూ యసహ్యముతోసహారగుసౌకరాూ లుఏరాా టుచేయుట్ (legal aid)

• ఈ చట్టము కిెంద అపరాధముల దరాూ పుు , విచారణ జరుగుచునన పాు డు ,

అత్యూ చారాలకు గురియైన వారితో సహాస్థక్షులకు ప్పయాణమరియుపోషణ

ఖరుు లనుసమకూరుు ట్ ( Travel & maintenance charges )

• అత్యూ చారాలకు గురియైన వారికి ఆరి ధక , మరియు స్థెంఘిక పునరావాసము

కల్పా ెంచుట్ (Relief & compensation)

Assistance to victims

• Identification of atrocity prone areas

• షెడుూ ల్డయ కులమునకు లేదా షెడుూ ల్డయ తెగలకు చెందిన వారు ఏ

ప్పాెంరములలో అత్యూ చారములకు గురియగు అవకశము కలదో ఆ

ప్పాెంరములను గురిుెంచుట్ , వారికి భప్దరను కల్పా ెంచుట్కై చరూ లను

తీస్తకొనుట్ .

• Who has to identify :

-District Collector,

-Revenue Divisional Officer

-Divisional Police Officer

-Tahasildar

నవార్ణచర్ా లు

డిపూూ ట్ట సూపరిెంటెండెంట్హోదాకి రగ గని అధికరికి మాప్రమె ఈ చడ్డ్యట్టెం కిెంద దరాూ పుు

చేసఅధికరెంవుెంటుెంది .

దరాూ పుు అధికరిని రాస్త్షట ప్పభురి ెం , డైరెక టర్ట జనరల్డ అఫ్ పోలీస్త , జిన్ల పోలీస్త

సూపరిెంటెండెంట్నియమిస్థురు .

ఆఅధికరి గరఅనుభవానిన ,ధరమ బదరేను,స్థమరేాూ నిన , కేస్లోఉనన సమసూ ల్పన దృషటలో

ఉెంచుకొని, సరైన పదతేిలో వీలనెంర తొెందరగా దరాూ పుు చయూ గలడని విశి సిెంచిన

మీదటేదరాూ పుు బాదూ రఅపా గస్థు రు.

కేస్తదరాూ పుును 60రోజులలోపూరిుచేయాల్ప.

దరాా ప్పత అధికారి

ఇటీవలితీర్పు లుమరియుచట్ట సవర్ణలు

▪ ఎవరైన్య వూ కి ు పై FIR నమోదు చయాూ ల్ప అెంటే

ప్పాధమికవిచారణఅవసరెంలేదు

▪ విచారణ అధికరి ఎవరినైన అరెస్ట చేసముెందు,

ముెందుస్తు అనుమతిఅవసరెంలేదు.

ఏవిధెంగావుెండాల్ప ?

పరిహారెంఎవరుఇవాి ల్ప ?

పరిహారెంఎపుా డుఇస్థురు ?

పరిహారెంయెంరఇస్థురు ?

బాధితులకురరిహార్ాం

నేర్ము కనీసఉరశ్మనాం

ఏద్దనితినకూడనిలేకఅసహ్ూ కరమైనపదార ధమునుతినమనిగాని

లేదా ప్త్యగమనిగానిబలవెంరపెట్టటనపుా డు

1,00,000/-లుఅపరాధరుస్తమువారికీ

చల్పలెంచబడును.

చల్పలెంపుఈ ప్కిెందివిధెంగా

చేయబడుతుెంది:

10%, FIR నమోదుచేసినపుడు

50% ,ఛార్టీషీట్కోర్ట టకి పెంపనపుడు

ఇవి బడును.

40% ,ఆరోపణలు ప్కిెందిన్యూ యసా్థనెంలో

నిరాధ రిరెంఐనపుడుఇవి బడును.

వూ కి ుయొకు ఆవరణలోగానిదానిచుట్టట ప్పకు లగాని

మలమూప్రములను, వూ ర ధపదారమేులను, జెంతు

మృరకళేబరములను లేదాఏదైన్యఅసహ్ూ కరమైనపదార ధమును

పడవేయుట్దాి రాఅరనికిహాని, అవమానములేకచికకు

కల్పగెంచుఉదే్దశూ ెంతోవూ వహ్రిెంచడెం .

పాదరక్షలతో దెండనుమెడలోవేయడెంలేదానగన ెంగాలేదా

అర ధనగన ెంగా చేయడెం, నడిపెంచడెం

దుస్తులు తొలగెంచడెం, శిరోముెండనెం, మీస్థలనుతొలగెంచడెం, ముఖెంలేదాశరీరానికి రెంగువేయడెంవెంట్టచరూ లను

బలవెంరెంగాచేయడెం


వూ కి ుయొకు సెంరభూమినిలేకఅరనికి

కేట్టయిెంచినభూమిని ద్దనినైనఅప్కముముగా

ఆప్కమిెంచుకొనన చోలేదాస్థగుచేయడెంబాధితుడికిలక్షరూపాయలుచల్పలెంచబడుతుెంది .

సెంబెంధిరరాస్త్షట ప్పభురి ెంలేదాకేెంప్దపాల్పర

ప్పాెంరెం , ప్పభురి వూ యెంతోఅవసరమైనచోట్

భూమిలేదా ప్పాెంగణెంలేదానీట్టసరఫరాలేదా

నీట్టపారుదలసౌకరూ ెంలను పునరుదధరిెంచడెం

జరుగుతుెంది.

బాధితుడికిచల్పలెంపుఈ ప్కిెందివిధెంగాచేయాల్ప:

(i) 25% (ఎఫ్ఐఆర్ట) దశలో; (ii) చారిషీీట్కోరుటకు

పెంపనపుా డు 50%; (iii) నిెందితులనుదిగువకోరుట

దోషులుగానిరాధ రిెంచినపుా డు 25%.

భూమిలేదా ప్పాెంగణo నుెండి తొలగెంచడెం

లేదాఅట్వీహ్కుు లతోసహా అరనికిభూమిఫై

గలహ్కుు లతోజోకూ ెం చేస్తకోవడెం.


వూ కి ుని వెట్టటచాకిరిచేయమనిగానిలేకనిరభ ెందసవచేయమనిగాని

బలవెంరపెట్టటనచో

బాధితుడికిలక్షరూపాయలు

పరిహారెంఇవి బడును

ఈ ప్కిెందివిధెంగాచల్పలెంపుఉెంటుెంది

(i) (ఎఫ్ఐఆర్ట) దశలో 25% చల్పలెంపు;

(ii) చారిషీీట్కోరుటకుపెంపనపుా డు

50%; (iii) నిెందితులనుదిగువకోడ్డ్యరుట


మానవలేదాజెంతువులమృరద్దహాలనుపారవేసెందుకులేదా

తీస్తకువెళ్ళ డానికిలేదాసమాధులను ప్రవి ట్టనికిబలవెంరెం

చేయడెం

షెడ్డ్ూ ల్డయకున్లులేదాషెడ్డ్ూ ల్డయ తెగలసభుూ లనుమానుూ వల్డ

స్థు వెెంజిెంగ్చేయడానికిలేదాఅన్ెంట్ట ప్పయోజనెంకోసెంఅరనిన

నియమిెంచడెం

షెడ్డ్ూ ల్డయకులెంలేదాషెడ్డ్ూ ల్డయ తెగకుచెందిన మహిళ్ను

ద్దవదాసీగాచేయడెం


ఓటువేయకుెండాచేయడెం , న్యమినేషన్దాఖలుచేయకుెండా

చేయడెం

బాధితుడికిఎనభైఐదువేల

రూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప:

(i)(ఎఫ్ఐఆర్ట) దశలో 25%;

(ii) చారిషీీట్కోరుటకుపెంపనపుా డు

50%;

(iii) నిెందితులనుదిగువకోరుట


పెంచాయతీలేదామునిసిపాల్పటీకరాూ లయఅధికరహాదాలో

విధులనునిరి రి ుెంచకుెండాబలవెంరెంచేయడెం, బెదిరిెంచడెం

లేదాఅడుయకోవడెం

ఓట్టెంగ్అనెంరర హిెంసమరియుస్థమాజికమరియుఆరికా

బహిషు రణవిధిెంచడెం

ఒకనిరిషేటఅభూ రికాి ఓటువేయనివి కపోవడెంలేదాఓటు

వేయకపోవడెంకోసెం చట్టెం నిర్దశేిెంచినవిధాన్యనిన పాట్టెంచక

పోవడెం .


రపుా డు, హానికరమైన దావా

వేయడెం

బాధితుడికిఎనభైఐదువేలరూపాయలులేదాఅసలుచట్టపరమైన

ఖరుు లుమరియునష్టటలనుతిరిగచల్పలెంచడెం, ఏదిరకుు వైత్యఅది. ఈ

ప్కిెందివిధెంగాచల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట)

దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii) నిెందితులను

దిగువకోరుట దోషులుగానిరాధ రిెంచినపుా డు 25%.

ప్పభురి సవకునికిరపుా డు

మరియుపనికిరానిసమాచారెం

ఇవి డెం

బాధితుడికిలక్షరూపాయలులేదాఅసలుచట్టపరమైనఖరుు లు

మరియునష్టటలనుతిరిగచల్పలెంచడెం, ఏదిరకుు వైత్యఅది. ఈ ప్కిెంది

విధెంగాచల్పలెంచాల్ప: (I) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో

25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii) నిెందితులనుదిగువ

కోరుట దోషులుగానిరాధ రిెంచినపుా డు 25%.


ఉదే్దశపూరి కెంగాఅవమానిెంచడెంలేదా

బెదిరిెంచడెం

బాధితుడికిలక్షరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట)

దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%;

(iii) నిెందితులనుదిగువకోరుట దోషులుగా

నిరాధ రిెంచినపుా డు 25%.

కులo పేరుదాి రా దూషెంచడెం , కులెంపేరును

దురిి నియోగెంచేయడెం

పవిప్రమైనలేదాఅధికగౌరవెంఉనన ఏదైన్య

వస్తువును( విప్గహ్ెం , చిప్రపట్ెం, ఫోటో, )నిరామ ణానిన

న్యశనెంచేయడెం, దెబబ తీయడెంలేదాఅపవిప్రెం

చేయడెం

శప్తురి ెం, ది్ద షెంలేదాదుషటసెంకలా ెంయొకు

భావాలను ప్పోరస హిెంచడెం


మహిళ్నుసమమ తిలేకుెండాత్యకడెం, ,

లెంగకసి భావెం గలచరూ లులేదా

హావభావాలుఉపయోగెంచడెం.

బాధితుడికిరాండులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగాచల్పలెంచాల్ప: (i) మొదట్ట

సమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii)

నిెందితులనుదిగువకోరుట దోషులుగానిరాధ రిెంచినపుా డు 25%.

ఇెండియన్పీనల్డకోడ్ 326 బ్ల (1860 లో 45) -

యాసిడ్ను సి చఛ ెందెంగావిసిర్దయడెం

లేదాయాసిడ్విసిర్ద ప్పయరన ెం.

(ఎ) బాధితుడికిఎనమిదిలక్షలుమరియుఇర్వైఐదువేలరూపాయలుకల్పనగాయాలు

మరియు 2% మరియుఅెంరకెంటేఎకుు వముఖెంమీదకల్పనగాయాలులేదాకెంట్ట, చవి,

ముకుు మరియునోట్టయొకు ప్కియారమ క బలహీనరలేదా 30%

(బ్ల ) శరీరెంపై 10% నుెండి 30% మధూ కల్పనగాయాలతోబాధితుడికిన్యలుగులక్షలమరియు

పదిహేనువేలరూపాయలు;

(సి) ముఖెంమీదకకుెండాశరీరెంపై 10% కన్యన రకుు వ కల్పనగాయాలతోబాధితుడికి

ఎనభైఐదువేలరూపాయలు. అదనెంగా, యాసిడ్దాడిబాధితుడిచికిరస కురాస్త్షట

ప్పభురి ెంలేదాకేెంప్దభూభాగపరిపాలనపూరిుబాధూ రతీస్తకుెంటుెంది. వస్తువుల (ఎ)

నుెండి (సి) పరెంగాఈ ప్కిెందివిధెంగాచల్పలెంచాల్ప: (I) మొదట్టసమాచారనివేదిక

(ఎఫ్ఐఆర్ట) దశలో 50%; (ii) వైదూ నివేదికఅెందినరరువార 50%.


భారతీయశిక్షాసమ ృతిలోనిస్పక్షన్ 354

(1860 లో 45) – మహిళా నప్మరను/

వినయెంనుఆప్గహ్ెం గచేస

ఉదే్దశెంతోమహిళ్పైదాడి

లేదానేరపూరిరబలప్పయోగెం .

బాధితుడికిరాండులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప: (I) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో

50%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 25%; (iii) దిగువకోరుట

విచారణముగసినపుా డు 25%.

భారతీయశిక్షాసమ ృతిలోనిస్పక్షన్ 354 ఎ

(1860 లో 45) -లెంగక వేధిెంపులు

మరియులెంగకవేధిెంపులకుశిక్ష.


చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో 50%;

(ii) చారిషీీట్కోరుటకుపెంపనపుా డు 25%; (iii) దిగువకోరుట విచారణ

ముగసినపుా డు 25%.

భారతీయశిక్షాసమ ృతిలోనిస్పక్షన్ 354 బ్ల

(1860 లో 45) – అధికరెంను

నిరాకరిెంచేఉదే్దశూ ెంతోమహిళ్పైదాడి

లేదానేరపూరిరబలప్పయోగెం

ఉపయోగెంచడెం


చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో 50%;

(ii) చారిషీీట్కోరుటకుపెంపనపుా డు 25%; (iii) దిగువకోరుట విచారణ



భారతీయశిక్షాసమ ృతిలోనిస్పక్షన్

354 సి (1860 లో 45) -

'వోయ్యూ రిజెం.ఇరరులు

నగన ముగానునన పుా డు

రహ్సూ ముగాచూడడెం

బాధితుడికి రెెండులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప: (I) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో

10% (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%. (iii)



354 డి (1860 లో 45) - డ్డ్యస్థట కిెంగ్.

బాధితుడికిరెెండులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో

10%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii)



376బ్ల (1860లో 45) -విడిపోయిన

సమయెంలోభారూ పైభర ులెంగక

చరూ జరపడెం . [స్పక్షన్ 3 (2) (వా)

షెడ్డ్ూ ల్డషెడ్డ్ూ ల్డడ్డ్యతో

చదవబడుతుెంది]

బాధితుడికిరెెండులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప, (i) వైదూ పరీక్షమరియునిరాధ రణవైదూ నివేదిక

రరిా ర 50%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 25%; (iii)




376సి (1860లో 45) -అధికరెంలో

ఉనన వూ కి ుఅధికరానిన

ఉపయోగెంచి లెంగకచరూ

జరపడెం . [స్పక్షన్ 3 (2) (వా)

షెడ్డ్ూ ల్డషెడ్డ్ూ ల్డడ్డ్యతో

చదవబడుతుెంది]

బాధితుడికిన్యలుగులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్పస నచల్పలెంపు: (i) వైదూ పరీక్షమరియునిరాధ రణవైదూ

నివేదికరరిా ర 50%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 25%;

(iii) దిగువకోరుట విచారణముగసినపుా డు 25%.


509 (1860 లో 45) - స్త్రతయొకక

నధ్మత్నఅవమానాంచడానకి

ఉదేేశిాంచిరదాం, సాంజ్ఞలేద్య

చర్ా లనఉరయోగాంచడాం


చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో

25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii)



నీటినమురికిచెయా డాంలేద్య

పాడుచేయడాం

స్థధారణసౌకరూ ెంయొకు పునరుదధరణకుపూరిుఖరుు , నీరుమురికి

అయినపుా డుశుప్భపరచడెంసహా, సెంబెంధిరరాస్త్షట ప్పభురి ెం

లేదాకేెంప్దపాల్పర ప్పాెంరెంభరిస్తుెంది. అదనెంగా, డ్డ్యసా్థనికసెంసతాో

సెంప్పదిెంచిజిన్ల అథారిటీనిర ణయిెంచే ప్పకృతిసమాజఆస్తులను

సృషటెంచడానికిఎనమిదిలక్షలఇర్వైఐదువేలరూపాయలన

జిన్ల మేజిస్త్సటట్ వదే జమచేయాల్ప.

రబ్లలక్ రిసర్టట ధ్రదేశానకివెళ్ళే

ఆచార్హకుక న

తిర్సక రిాంచడాంలేదాపబ్లలక్

రిస్థర్ట టఉపయోగెంచడెంలేదా

యాక్సస స్చేయకుెండా

అడుయకోవడెం

బాధితుడికిన్యలుగులక్షలఇర్వైఐదువేలరూపాయలుమరియు

సెంబెంధిరరాస్త్షట ప్పభురి ెంలేదాకేెంప్దపాల్పర ప్పాెంరెందాి రా

ఆచారహ్కుు నుపునరుదధరిెంచడానికిఅయ్యూ ఖరుు . ఈ ప్కిెంది

విధెంగాచల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట)

దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii)



ఇలుల, ప్గామెం, నివాస నివాస

డ్డ్యసనా్నిన బలవెంరెంగా వదిల్ప

వెళేళ ల చయూ డెం [చట్టెం

యొకు స్పక్షన్ 3 (1) (z)]

సెంబెంధిరరాస్త్షట ప్పభురి ెంలేదాకేెంప్ద పరిపాలన ప్పాెంరెం, ఇలుల,

ప్గామెంలేదాఇరరనివాస డ్డ్యసలాెంలోఉెండట్టనికిహ్కుు ను

పునరుదధరిెంచడెంమరియుబాధితుడికిలక్షరూపాయలఉపశమనెం

మరియున్యశనెంచేసు ధ్రభుత్వ వా యాంతోఇాంటిన

ప్పనరిి రిమ ాంచడాం. ఈ ప్కిెందివిధెంగాచల్పలెంచాల్ప: (I) మొదట్ట

సమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో 25%; (ii) చారిషీీట్కోరుటకు

పెంపనపుా డు 50%; (iii) నిెందితులనుదిగువకోరుట దోషులుగా


S.N Name of the offence Minimum amount of relief

35

(ఎ) ఒక ప్పాెంరెంయొకు స్థధారణఆసిువనరులను

లేదాఖననెంలేదాదహ్నమైదానెంను ఇరరులతో

సమానెంగాఉపయోగెంచడెం, లేదాఏదైన్యనది,

ప్పవాహ్ెం,, ట్టూ ెంక్, సిస్పటర్టన , వాట్ర్ట-ట్టూ ప్లేదాఇరర

నీరు ప్త్యగుట్కులేక ప్పద్దశెం, లేదాఏదైన్యస్థన నఘాట్,

ఏదైన్యబహిరెంగ రవాణా, ఏదైన్యరహ్దారిలేదామాడ్డ్యర గెం

ఉపయోగెంచడెంనుఏవిధెంగానైన్యఅడుయకోవడెం

లేదానిరోధిెంచడెం- సైకిళ్లనులేదామోట్టరు

సైకిళ్ళ పై ప్పయాణెంచడెం లేదాబహిరెంగ ప్పద్దశాలోల

పాదరక్షలులేదాకొరుబట్టలుధరిెంచడెంలేదావివాహ్

ఊర్దగెంపునుచేయడెంలేదావివాహ్ఊర్దగెంపుల

సమయెంలోగుప్రెంలేదామర్దఇరరవాహ్న్యనిన

ఎకు డెంనుఅడుయకోవడెం

(ఎ) అనిన సౌకరాూ లు కల్పా ెంచడెం : మరియుబాధితుడికి

లక్షరూపాయలఉరశ్మనాం. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట)

దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%; (iii)

నిెందితులనుదిగువకోరుట దోషులుగానిరాధ రిెంచినపుా డు

25%.


ఏదైన్యవిదాూ సెంస,ా ఆస్తపప్తి, డిస్పా నస రీ, ప్పాధమికఆరోగూ కేెంప్దెం, దుకణెంలేదా ప్పజావినోద ప్పద్దశెంలేదామర్దఇరరబహిరెంగ ప్పద్దశెంలోకి ప్పవేశిెంచడెం

లేదాఏదైన్య ప్పజలకుతెరిచినఏ ప్పద్దశెంలోనైన్య ప్పజల

ఉపయోగెంకోసెంఉదే్దశిెంచినఏదైన్యవెంట్పాప్రలు

లేదావస్తువులనుఉపయోగెంచడెం. ఇరరసభుూ లుచేసఏఉదోూ గెంలోనైన్యఏదైన్యవృతిుని

అభూ సిెంచడెంలేదాఏదైన్యఉదోూ గెం, వాణజూ ెంలేదావాూ పారెంలేదాఉపాధినికొనస్థగెంచడెంను

ఉపయోగెంచుకునేలేదాయాక్సస స్చేసహ్కుు ను

అడుయకోవడెం

. బాధితుడికిలక్షరూపాయలఉరశ్మనాం. ఈప్కిెందివిధెంగాచల్పలెంచాల్పస నచల్పలెంపు: (i) మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో25% చల్పలెంపు; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు50%; (iii) నిెందితులనుదిగువకోరుట దోషులుగానిరాధ రిెంచినపుా డు 25%; (సి): ప్పజలకులేదాఒకేమత్యనిన ప్పకట్టెంచేఇరరవూ కుులకుతెరిచిన

ఏదైన్యఆరాధనలో ప్పవేశిెంచేహ్కుు ను

పునరుదధరిెంచడెం.


మాంధ్త్గత్తతలేదామెంప్రవిదూ ను

అభూ సిెంచడెంలేదామెంప్రగతెుఅనే

ఆరోపణలపైశారీరకహానిలేదా

మానసికవేదనకుకరణెం

బాధితుడికిలక్షరూపాయలు. ఈ ప్కిెందివిధెంగాచడ్డ్యల్పలెంచాల్ప: (i)

మొదట్టసమాచారనివేదిక (ఎఫ్ఐఆర్ట) దశలో 25%; (ii) చారిషీీట్

కోరుటకుపెంపనపుా డు 50%; (iii) నిెందితులనుదిగువకోరుట


సమాజికలేద్యఆరిథక

బహిష్క ర్ణనవిధిెంచడెంలేదా

బెదిరిెంచడెం.

సెంబెంధిరరాస్త్షట ప్పభురి ెందాి రాఅనిన ఆరికామరియు

స్థమాజికసవలనుఇరరవూ కుులతోసమానెంగా

పునరుదధరిెంచడెంమరియుబాధితుడికిలక్షరూపాయల

ఉపశమనెం. చారిషీీట్దిగువకోరుటకుపెంపనపుా డుపూరిుగా

చల్పలెంచాల్ప.


త్ప్పు డుసక్ష్యా లనఇవవ డాం

లేద్యకలిు ాంచడాం

బాధితుడికిన్యలుగులక్షలరదిహేనవేలరూపాయలు. ఈ

ప్కిెందివిధెంగాచల్పలెంచాల్ప: (i) మొదట్టసమాచారనివేదిక

(ఎఫ్ఐఆర్ట) దశలో 25%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు

50%; (iii) నిెందితులనుదిగువకోరుట దోషులుగా



అాంగవైకలా ాంచేయడాం . (ఎ) 100%

వైకలూ ెం (బ్ల) వైకలూ ెం 100% కన్యన

రకుు వఅయిత్య 50% కెంటేఎకుు వ (సి)

వైకలూ ెం 50% కన్యన రకుు వ

బాధితుడికిఎనమిదిలక్షలఇర్వైఐదువేలరూపాయలు. ఈ

ప్కిెందివిధెంగాచల్పలెంచాల్పస నచల్పలెంపు: (i) వైదూ పరీక్షమరియు

నిరాధ రణవైదూ నివేదికరరిా ర 50%; (ii) చారిషీీట్కోరుటకు

పెంపనపుా డు 50%; బాధితుడికిన్యలుగులక్షలయాభైవేల

రూపాయలు. ఈ ప్కిెందివిధెంగాచల్పలెంచాల్పస నచల్పలెంపు: (i) వైదూ

పరీక్షమరియునిరాధ రణవైదూ నివేదికరరిా ర 50%; (ii) చారిషీీట్

కోరుటకుపెంపనపుా డు 50%; బాధితుడికిరెెండులక్షలయాభైవేల

రూపాయలు. ఈ ప్కిెందివిధెంగాచల్పలెంచాల్పస నచల్పలెంపు: (i) వైదూ

పరీక్షమరియునిరాధ రణవైదూ నివేదికరరిా ర 50%; (ii) చారిషీీట్

కోరుటకుపెంపనపుా డు 50%.


అత్యా చార్ాంలేద్యసమూహిక

అత్యా చార్ాం. [భారర

శిక్షాసమ ృతిలోనిస్పక్షన్ 376 డి (1860

లో 45)]

బాధితుడికిఐదులక్షలరూపాయలు. ఈ ప్కిెందివిధెంగా

చల్పలెంచాల్పస నచల్పలెంపు: (i) వైదూ పరీక్షమరియునిరాధ రణ

వైదూ నివేదికరరిా ర 50%; (ii) చారిషీీట్కోరుటకు

పెంపనపుా డు 25%; (iii) దిగువకోరుట విచారణముగసినపుా డు

25%. బాధితుడికిఎనిమిదిలక్షలఇరవైఐదువేల

రూపాయలు. ఈ ప్కిెందివిధెంగాచల్పలెంచాల్పస నచల్పలెంపు: (i)

వైదూ పరీక్షమరియునిరాధ రణవైదూ నివేదికరరిా ర 50%; (ii)

చారిషీీట్కోరుటకుపెంపనపుా డు 25%; (iii) దిగువకోరుట విచారణ


హత్ా లేద్యమర్ణాం.

బాధితుడికిఎనమిదిలక్షలఇర్వైఐదువేలరూపాయలు.

ఈ ప్కిెందివిధెంగాచల్పలెంచాల్ప: (i) పోస్టమార టెం నివేదిక

రరిా ర 50%; (ii) చారిషీీట్కోరుటకుపెంపనపుా డు 50%.


హత్ా , మర్ణాం,

ఊచకోత్, అత్యా చార్ాం,

సమూహికఅత్యా చార్ాం,

శాశ్వ త్వైకలా ాంమరియు

దురాప్కమణబాధితులకు

అదనపుఉపశమనెం.

పైనపేర్కు నన చల్పలెంచినఉపశమనమొత్యులతోపాటు, దారుణెంజరిగన

మూడునెలలోలపుఉపశమనెంఏరాా టుచేయవచుు : - (i) షెడ్డ్ూ డ్డ్యల్డయ

కున్నికిచెందినలేదామరణెంచినవూ కుులయొకు విరెంతువులేదాఇరర

ఆధారపడినవారికి ప్పాథమికపెనషన్లేదాషెడ్డ్ూ ల్డయ తెగకుసెంబెంధిర

రాస్త్షట ప్పభురి ెంలేదాకేెంప్దభూభాగపరిపాలనయొకు ప్పభురి ఉదోూ గకి

వరి ుెంచే విధెంగానెలకుఐదువేలరూపాయలు, మరణెంచినవారి

కుటుెంబెంలోనిఒకసభుూ నికిఆమోదయోగూ మైన ప్పయమైనభరూ ెం

మరియుఉపాధి (Employment), మరియుఅవసరమైత్యవా వసయ

భూమి, ఒకఇలుల, పూరిుగా కొనుగోలు;

(ii) ధ్ాడుా యేష్న్ స్థసథ ివర్కువిదా యొకక పూరితఖర్పు మరియు

బాధితులపలలలనిరి హ్ణ. పలలలనుఆప్శమపాఠశాలలులేదానివాస

పాఠశాలలోల చేరిా ెంచవచుు , ప్పభురి ెంపూరి ుగా నిధులుసమకూరుస్తుెంది;

(iii) మూడునెలలకాలానకిపాధ్త్లు, బ్లయా ాం, గోధుమలు,

రప్పు ధాన్యా లుమొదలనవిఅెందిెంచడెం.

.డిపెాండాంట్అాంటే?

-బాధితున జీవిత్భాగసవ మి, పిలలలు,త్లిలదాంధ్డులు, సోదర్పడుమరియుసోదరి

-పూరితా లేద్య ధ్రధానాంాబాధితుడిపైఆధార్రడి జీవనాంకొనసగస్తత ఉాంటార్ప

హ్రూ , మరణెం, ఊచకోర, అత్యూ చారెం, స్థమూహిక

అత్యూ చారెం, శాశి ర వైకలూ ెం

పెనషన్నెలకు

ఐదువేల

రూపాయలు

రూ 8,25,000

వూ వస్థయ

భూమి, ఒకఇలుల

ధ్ాడుా యేష్న్ స్థసథ ివర్కు

విదా యొకక పూరితఖర్పు

పాప్రలు,వెంట్సరుకులు

Government Job


ఇలులపూరి ువిధి ెంసెం

లేదాకలు డెం

ఇటుకలేదారాతితో గృహ్ెంనిరిమ ెంచబడాల్పలేదా ప్పభురి ఖరుు తో

గృహానిన అెందిెంచాల్ప,

22

అాంత్రానత్నాం, అత్యా చారాలు, పౌర్హకుక లపై ధ్రభుత్వ G.Oలు (ఆదేశాలు)

1.) ధ్రతివార్ాంమాండలబ ాందాం ధ్ామసాందర్శ న:-

❑ G.O. Ms.No.105,, త్యది:31-10-2001 - వారెంలో ఒక నిరీ ణర రోజున మెండల

బృెందెంఒక ప్గామముసెందరిశ ెంచవలెను.

❑ బృెందెంలోరహ్సీనే్రు, MPDO, Sub - Inspector of Police ఉెంట్టరు

ఏమిచేయాలి?

❑ ప్గామద్దవాలయెంలోనికి SCలకు ప్పవేశెం, ప్గామనీట్టవనరులదడ్డ్యగ గర అవకశెం

కల్పా ెంచట్ెం, ప్గామ హోట్ల్డడ్డ్యలో రెెండు డ్డ్యగాలస్తల పదధతి నిరామ లన, Manual

Scavenging,బాెండడ్డ్డ్యలేబర్టడ్డ్యరదిరరస్థమాజికరుగమ రలపైదృషట.

❑ ప్పతి ప్గామెంలో అెంట్రానిరనెంపూరిుగా నిరూమ లన జరిగెంరవరకుఈ ప్గామ

సెందరశ నలుజరపాల్ప.

22

అాంత్రానత్నాం, అత్యా చారాలు, పౌర్హకుక లపై ధ్రభుత్వ G.Oలు

(ఆదేశాలు)…..

2)పౌర్హకుక లదినోత్స వాం

❑ G.O. Ms.No.128,త్యది:21-11-2001❑ ప్పతినెల 30వత్యరీఖునజరపాల్ప. (ఫిప్బవరినెలలో 28న)❑ రహ్సీనే్రు, S.I of Police, స్థెంఘిక సెంక్షేమ శాఖ, ఇరర మెండల

అధికరులు పాల్గగన్యల్ప.❑ ఒక ప్గామెంలో ప్గామసభజరపాల్ప.❑ అెంట్రానిరనెం అమానుష్టలపై ప్పజలను చైరనూ పరచి, అెందరినీ

సమానెంగాచూడవలసినఆవశూ కరను వివరిెంచాల్ప.❑ మొదట్టమూడువారాలలోజరిగన ప్గామసెందరశ న వివరాలుసమీక్షెంచాల్ప.❑ స్థమాజికఘర షణలుఏరా డకుెండాజాప్గరులుతీస్తకోవాల్ప.

22

అాంత్రానత్నాం, అత్యా చారాలు, పౌర్హకుక లపై ధ్రభుత్వ G.Oలు

(ఆదేశాలు)……

3) అత్యా చారాలుజ్రిగేఅవకాశ్ాంగల ధ్పాాంత్యలగురితాంప్ప

❑ G.O. Ms.No.107/108,త్యది: 31-10-2001

❑ ఇదిఅత్యూ చారాలనిరోధకముెందస్తు చరూ .

❑ అత్యూ చారాలు జరిగ అవకశెం వునన ప్పద్దశాలను గురి ుెంచి, ఆ ప్గామాలలో

అధికరులురరుచుగా సెందరిశ ెంచాల్ప.

❑ ఆ ప్పాెంత్యలలోశాెంతి కమిటీలనుఏరా రచాల్ప.

❑ RDO, రహ్సీనే్రు, MPDO లు శాెంతి కమిటీ సమావేశాలు జరిపెంచి, శాెంతి

డ్డ్యసా్థపనకుచరూ లుచేపట్టట ల్ప.

Role of WEAs on Atrocities

• Identification of any discriminatory practices in the village

• Awareness among the villagers about the legal provisions

• Conducting the coordination meetings

• Informing the higher authorities about any such incidents

• Conducting Civil Rights Day

• Coordinating with Police department during investigation/trial

• Pursuing for payment of relief and rehabilitation measures with Revenue/Social Welfare department officers

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

SOCIAL WELFARE DEPARTMENT - Welfare of Scheduled Castes and Scheduled Tribes - Atrocities against Scheduled Castes and Scheduled Tribes - Scheme for Relief and Rehabilitation of the SCs/STs (Prevention of Atrocities) Act, 1989 and rules framed there under - Enhancement of compensation - Revised Orders - Issued. --------------------------------------------------------------------------------------------------------------

SOCIAL WELFARE (CV.POA) DEPARTMENT

G.O.Ms.No.95 Dated:29.08.2016. Read the following: 1. G.O.Ms.No:3, Social Welfare (H1) Department, Dt:16.01.1996. 2. From the Joint Secretary, Govt. of India, Min (SJ & Emp), D.O.Letter No.11012/2/2008-PCR (Desk), dt.20.01.2012. 3. G.O.Ms.No.22, Social Welfare (POA) Department, Dt.16.06.2012 4. From the Director, (SCD), Lr.No.11012/3/2013-PCR (Desk), dt.10.07.2014. 5. G.O.Ms.No.76, S.W.(CV.POA) Dept., dt.28.11.2014. 6. From the Director National Commission for Scheduled Castes, Hyderabad, No.2/1/15/TS-RU, dt:25.04.2016.

****

ORDER:

In the G.O first read above, the Government has issued orders to follow the guidelines issued by the Government of India for enhancement of relief and rehabilitation measures to the Scheduled Castes/ Scheduled Tribes victims of atrocities and their dependents. Accordingly, they are being paid compensation of cash relief and other rehabilitation measures for various offences committed by the members belonging to the Castes other than Scheduled Castes/ Scheduled Tribes under the relevant sections of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 as indicated in the Annexure-1 of the said order.

2. In the G.O 3rd and 5th read above, the Government has time and again enhanced the compensation to the SC/ST victims of atrocities and their dependents by following the guidelines issued by the Government of India vide reference second read above and 4th read above. 3. The Director National Commission for Scheduled Castes, Hyderabad, in his letter 6th read above, has communicated the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) (Amendment) Rules, 2016 notified in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (1), on 14.04.2016, by which the relief amounts to SC/ST atrocity victims and their dependents has been further increase to an amount of Rs.75,000/- to Rs.85,000/-(Rupees Eighty Five thousand) and Rs.7,50,000/- to 8,25,000/- (Eight Lakhs and Twenty Five Thousands) and requested the State Governments/ UTs to implement the said Rules. Further, they have also requested to give adequate publicity of the amendment rules in print and electronic media as per the said notification.

4. In the light of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) (Amendment) Rules, 2016 issued by the Government of India, the Government have decided to implement the said amended rules in the State. Accordingly the relief amount to the atrocity victims is hereby amended (i.e. between Rs.85,000/- to Rs.8,25,000/- depending upon the nature of offences) as shown in the Annexure to this order . The above orders are given effect from 14.04.2016 i.e. date of issue of the G.O.I.’s notification.

(P.T.O)

::2::

5. The Director of Social Welfare, A.P, Vijayawada / Commissioner of Tribal Welfare, A.P, Vijayawada / Collectors & District Magistrates/ Superintendents of Police shall take necessary action accordingly. They are requested to follow the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules framed thereunder scrupulously.


S.S. RAWAT SECRETARY TO GOVERNMENT

To: All the District Collectors. The Director of Social Welfare, A.P, Hyderabad. The Commissioner of Tribal Welfare, A.P, Hyderabad. The IGP (PCR Cell) A.P, Hyderabad. The Commissioner, I&PR Department. (with a request to give wide publicity in the Print and Electronic media) Copy to: The Director General of Police, A.P, Hyderabad. All Superintendents of Police. The Accountant General, A.P, Hyderabad. The Director of Backward Classes Welfare, A.P, Hyderabad. The Commissioner of Panchayat Raj, A.P., Hyderabad. The Secretary to Government of India, Ministry of (Social Justice & Empowerment), GOI, New Delhi. The P.S to Chief Minister. The P.S to Minister (SWE & TWE) The P.S to Minister (Backward Classes Welfare). The P.S to Secretary, Social Welfare Dept. The P.S to Principal Secretary, Tribal Welfare Dept. S.F/S.C.

// FORWARDED:: BY ORDER //

SECTION OFFICER

Annexure to G.O.Ms.No.95, Social Welfare (CV.POA) Dept., dt:29-08-2016.

ANNEXURE-I [See rule 12(4)]

NORMS FOR RELIEF AMOUNT

Sl. No.

Name of the offence Minimum amount of relief

1 2 31. Putting any inedible or

obnoxious substance [Section 3(1)(a) of the Act]

One lakh rupees to the victim. Payment to then victim be made as follows:

(i) 10 per cent. at First Information Report (FIR)

stage for serial numbers (2) and (3) and 25 percent at FIR stage for serial numbers (1), (4) and (5);

(ii) 50 per cent. when the charge sheet is sent to the court;

(iii) 40 per cent. when the accused are convicted by the lower court for serial numbers (2) and (3) and likewise 25 percent for serial numbers (1), (4) and (5).

2. Dumping excreta, sewage, carcasses or any other obnoxious substance [Section 3(1)(b) of the Act]

3. Dumping excreta, waste matter, carcasses with intent to cause injury, insult or annoyance [Section 3(1)(c) of the Act]

4. Garlanding with footwear or parading naked or semi-naked[Section 3(1)(d) of the Act]

5. Forcibly committing acts such as removing clothes, forcible tonsuring of head, removing moustaches, painting face or body [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 or premises or water supply or irrigation facility shall be restored where necessary at Government cost by the concerned State Government or Union territory Administration. Payment to the victim 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.

7. Wrongful dispossession of land or premises or interfering with the rights, including forest rights. [Section 3(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 made as follows:

(i) Payment of 25 per cent. 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.

9. Compelling to dispose or carry human or animal carcasses, or to dig graves [Section 3(1)(i) of the Act]

10. Making a member of the Scheduled Castes or the Scheduled Tribes to do manual scavenging or employing him for such purpose [Section 3(1)(j) of the Act]

11. Performing, or promoting dedication of a Scheduled Caste or a Scheduled Tribe woman as a devadasi [Section 3(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.

13. Forcing, intimidating or obstructing a

holder of office of Panchayat or Municipality from performing duties [Section 3(1)(m) of the Act]

Payment to be made as follows: (i) 25 per cent. at First Information Report



convicted by the lower court. 14. After poll violence and

imposition of social and economic boycott [Section 3(1)(n) of the Act]

15. Committing any offence under this Act for having voted or not having voted for a particular candidate [Section 3(1)(o) of the Act]

16. Instituting false, malicious or vexatious legal proceedings [Section 3(1)(p) of the Act]

Eighty-five thousand rupees to the victim or reimbursement of actual legal expenses and damages, whichever is less. Payment to be made as follows: (i) 25 per cent. at First Information Report

(FIR) stage;



17. Giving false and frivolous information to a public servant [Section 3(1)(q) of the Act]

One lakh rupees to the victim or reimbursement of actual legal expenses and damages, whichever is less. Payment to be made as follows: (i) 25 per cent. at First Information Report


to the court; (iii) 25 per cent. when the accused are convicted

by the lower court. 18. Intentional insult or

intimidation to humiliate in any place within public view [Section 3(1)(r) of the Act]

One lakh rupees to the victim. Payment to be made as follows: (i) 25 per cent. at First Information Report




19. Abusing by caste name in any place within public view [Section 3(1)(s) of the Act]

20. Destroying, damaging or defiling any object held sacred 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 any late person held in high esteem [ Section 3(1)(v) of the Act]

23. Intentionally touching a Scheduled Caste or a Scheduled Tribe woman without c o n s e n t , 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 made as follows:

(i) 25 percent. at First Information Report (FIR) stage;


(iii) 25 percent. when the accused are convicted by the lower court.

24. Section 326B of the Indian Penal Code (45 of 1860)--Voluntarily throwing or attempting to throw acid. [Section 3(2)(va) read with Schedule to the Act]

(a) Eight lakh and twenty-five thousand rupees to the victim with burns exceeding and 2 per cent and above burns on face or in case of functional impairment of eye, ear, nose and mouth and or burn injury on body exceeding 30 per cent;

(b) four lakh and fifteen thousand rupees to the victim with burns between 10 per cent. to 30 per cent. on the body;

(c) eighty-five thousand rupees to the victim with burns less than 10 per cent. on the body other than on face.

In addition, the State Government or Union territory Administration shall take full responsibility for the treatment of the victim of acid attack. The payment in terms of items (a) to (c) are to be made as follows: (i) 50 per cent. at First Information Report (FIR) stage;

(ii) 50 per cent. after receipt of medical report. 25. Section 354 of the Indian Penal

Code (45 of 1860) -- Assault or criminal force to woman with intent to outrage her modesty. [Section 3(2) (va) read with Schedule to the Act]


(i) 50 per cent. at First Information Report (FIR) stage;


(iii) 25 per cent. on conclusion of trial by the lower court.

26. Section 354A of the Indian Penal Code (45 of 1860)--Sexual harassment and punishment for sexual harassment. [Section 32) (va) read with Schedule to the Act]





27. Section 354 B of the Indian Penal Code (45 of 1860)-- Assault or use of criminal force to woman with intent to disrobe [Section 3(2)(va) read with Schedule to the Act]





28. Section 354 C of the Indian Penal Code (45 of 1860)-- Voyeurism. [Section 3(2)(va) read with Schedule to the Act]

Two lakh rupees to the victim. Payment to be made as follows: (i) 10 per cent. at First Information Report

(FIR) stage (ii) 50 per cent. when the charge sheet is sent

to the court. (iii) 40 per cent. when the accused are

convicted by the lower court. 29. Section 354 D of the Indian

Penal Code (45 of 1860) -- Stalking. [Section 3(2)(va) read with Schedule to the Act]


(i) 10 percent. at First Information Report (FIR) stage;

(ii) 50 percent. when the charge sheet is sent to the court;


30. Section 376B of the Indian Penal Code (45 of 1860)-- Sexual intercourse by husband upon his wife during separation. [Section 3(2)(va) read with Schedule to the Act]


(i) 50 percent. after medical examination and confirmatory medical report;



31. Section 376C of the Indian Penal Code (45 of 1860) -- Sexual intercourse by a person in authority. [Section 3(2)(va) read with Schedule to the Act]

Four lakh rupees to the victim. Payment to be made as follows:

(i) 50 per cent. after medical examination and confirmatory medical report;



32. Section 509 of the Indian Penal Code (45 of 1860)-- Word, gesture or act intended to insult the modesty of a woman. [Section 3(2)(va) read with Schedule to the Act]





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 the concerned State Government or Union territory Administration. In addition, an amount of eight lakh twenty-five thousand rupees shall be deposited with the District Magistrate for creating community assets of the nature to be decided by the District Authority in consultation with the Local Body.

34. Denial of customary right of passage to a place of public resort or obstruction from using or accessing public resort [Section 3(1)(y) of the Act]

Four lakh twenty-five thousand rupees to the victim and cost of restoration of right of passage by the concerned State Government or Union territory Administration. Payment to be made as follows: (i) 25 per cent. at First Information Report



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 in house, village or other place of residence by the concerned State Government or Union territory Administration and relief of one lakh rupees to the victim and reconstruction of the house at Government cost, if destroyed. Payment to be made as follows: (i) 25 per cent. at First Information Report



by the lower court.

36. Obstructing or preventing a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to— (A) using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage [Section 3(1)(za)(A) of the Act] (B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding procession [Section 3(1)(za)(B) of the Act]

(C) entering any place ofworship which is open to the public or other persons professing 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 any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any otherpublic place; or using any utensils or articles meant for public use in any place open to the public[Section 3(1)(za)(D) of the Act] (E) practicing any profession or the carrying on of anyoccupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to [Section 3(1)(za)(E) of the Act]

(A): Restoration of the right using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage equally with others, by the concerned State Government or Union Territory Administration and relief of one lakh rupees to 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.

(B): Restoration of the right of mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions, equally with others by the concerned State Government or Union territory Administration and relief of one 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 the court; (iv) 25 per cent. when the accused are

convicted by the lower court; (C): Restoration of the right of entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or taking out any religious procession or jatras, as is open to the public or other persons professing the same religion, social or cultural processions including jatras, equally with other persons, by the concerned State Government or Union territory Administration and relief of one lakh rupees to the victim. Payment to be made as follows:


(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; (D): Restoration of the right of entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other public place; or using any utensils or articles meant for public use in any place open to the public, equally with other persons by the concerned State

Government or Union territory Administration and relief of one lakh rupees to 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. (E): Restoration of the right of practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to, by the concerned State Government/Union territory Administration and relief of one lakh rupees to the victim. Payment to be made as follows:

(i) 25 per cent. at First Information Report




37. Causing physical harm or mental agony on the allegation of being a witch or practicing witchcraft or being a witch [Section 3(1)(zb) of the Act]

One lakh rupees to the victim and also commensurate with the indignity, insult, injury and defamation suffered 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 economic boycott. [Section 3(1)(zc) of the Act]

Restoration of provision of all economic and social services equally with other persons, by the concerned State Government or Union territory Administration and relief of one lakh rupees to the victim. To be paid in full when charge sheet is sent to the lower court.

39. Giving or fabricating false evidence

[Section 3(2)(i) and (ii) of the Act]

Four lakh fifteen thousand rupees to the victim. Payment to be made as follows:




40. Committing offences under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more [Section 3(2) of the Act]

Four lakh rupees to the victim and or his dependents. The amount would vary, if specifically otherwise provided in this Schedule. Payment to be made as follows: (i) 25 per cent. at First Information Report



by the lower court.

41. Committing offences under the Indian Penal Code (45 of 1860) specified in the Schedule to the Act punishable with such punishment as specified under the Indian Penal Code for such offences[ Section 3(2) (va) read with the Schedule to the Act]

Two lakh rupees to the victim and or his dependents. The amount would vary if specifically otherwise provided in this Schedule. Payment to be made as follows:



(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 his

dependents. Payment to be made as follows: (i) 25 per cent. at First Information Report



by the lower court. 43. Disability. Guidelines for

evaluation of various disabilities and procedure for certification as contained in the Ministry of Social Justice and Empowerment 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) where incapacitation is less than 100 per cent. but more than 50 per cent.

(c) where incapacitation is less than 50 per cent.

Eight lakh and twenty-five thousand rupees to the victim. Payment to be made as follows: (i) 50 per cent. after medical examination and confirmatory medical report; (ii) 50 per cent. when the charge sheet is sent to the court;

Four lakh and fifty thousand rupees to the victim. Payment to be made as follows: (i) 50 per cent. after medical examination and confirmatory medical report; (ii) 50 per cent. when the charge sheet is sent to the court; Two lakh and fifty thousand rupees to the victim. Payment to be made as follows: (i) 50 per cent. after medical examination

and confirmatory medical report; (ii) 50 per cent. when the charge sheet is sent

to the court.

44. Rape or Gang rape. (i) Rape[Section 375 of the

Indian Penal Code(45 of 1860)]

(ii) Gang rape [Section 376D of the Indian Penal Code( 45 of 1860)]

Five lakh rupees to the victim. Payment to be made as follows: (i) 50 per cent. after medical examination

and confirmatory medical report; (ii) 25 per cent. when the charge sheet is sent

to the court; (iii) 25 per cent. on conclusion of trial by the

lower court.

Eight lakh and twenty-five thousand rupees to the victim. Payment to be made as follows:

(i) 50 per cent. after medical examination and confirmatory medical report;



45. Murder or Death. Eight lakh and twenty-five thousand rupees to the victim. Payment to be made as follows: (i) 50 per cent. after post mortem report; (ii) 50 per cent. when the charge 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 above items, relief may be arranged within three months of date of atrocity as follows:- (i) Basic Pension to the widow or other dependents of deceased persons belonging to a Scheduled Caste or a Scheduled Tribe amounting to five thousand rupees per month, as applicable to a Government servant of the concerned State Government or Union territory Administration, with admissible dearness allowance and employment to one member of the family of the deceased, and provision of agricultural land, an house, if necessary by outright purchase;

(ii) Full cost of the education up to graduation level and maintenance of the children of the victims. Children may be admitted to Ashram schools 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 constructed or provided at Government cost where it has been burnt or destroyed.”

S.S. RAWAT


GOVERNMENT OF ANDHRA PRADESH SOCIAL WELFARE (C V. POA) DEPARTMENT

Circular Memo No.627352/CV.POA/2020 Dated: 10.10.2020

Sub:- SWD - Implementation of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989Et Amended Act, 2015 and Rules made there under - Payment of Relief and Rehabilitation measures to the victims of atrocity - Certain instructions/Clarification - Issued - Reg.

Ref: - 1. SCs Et STs (POA) Act, 1989 and amended Act, 2015 (Act No.1 of 2016) 2. SCs STs (POA) RuLes, 1995 and Amended Rules, 2016. 3. G.0.Ms.No,3, Social Welfare (CV.POA) Dept., dt:29.08.2016. 4. G.O.Ms.No.76, Social Welfare (CV. POA) Dept., dt:28.11.2014 5. G.O.Ms.No.95, Social Welfare (CV. POA) Dept., dt:29.08.2016. 6. Circular Memo No, 1248417/CV. POA/2020, Dt:09. 10.2020.

oo0oo

The attention of all the District Collectors in the State is invited to the references cited and to inform that in the references 3rd to 5th cited, Government have issued orders from time to time following the guidelines issued by the Government of India based on SCs Q STs (POA) Rules, 1995 and amended Rules thereon for enhancement of relief and rehabilitation measures to the Scheduled Castes/Scheduled Tribes victims of atrocities and their dependents. Accordingly, they are being paid compensation of cash relief and other rehabilitation measures for various offences committed by the members belonging to the Castes other than SCs/STs under the relevant sections of the SCs and STs (POA) Act, 1989 and amended Act, 2015 (Act No.1 of 2016), as indicated in the Annexure-I of the said orders.

2. According to Rule 12 (4) of the POA Rules, 2016, the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make necessary administrative and other arrangements and provide relief in cash or kind or both within seven days to the victims of atrocity, their family members and dependents according to the scales as provided in the rules and as per Section 7(2) of the POA Rules, 2016, charge sheet has to be filed in the Special Court or the Executive Special Court within a period of sixty days (the period is inclusive of investigation and filing of charge-sheet).

3. According to section (10) of the Act, in the identified area a Special Officer not below the rank of an Addl. 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 Scheduled Tribes Protection Cell.

4. During the review meetings with District Officers of Revenue, Police and Social Welfare Departments, it has been observed that in many cases charge sheet is not filed within the stipulated time and relief measures also not sanctioned/delayed due to neglect/ambiguity/want of clarification with regard to provisions under references 2 to cited.

5. After careful examination of the matter, Government hereby issues the following Instructions/clarifications on implementation of Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Et Amended Act, 2015 and Rules made there under:

SI. No. Issue Clarification

1. The delay in issue of Caste Certificates by Revenue Officers which is essentially required sometimes at FIR stage, for investigation and sanction of relief,

The Police Officers(SHO/DSP) are informed that, fresh caste certificate of the victim is not necessary whenever an atrocity is committed. Caste Certificates are permanent in nature and existing caste certificate is valid until it is cancelled by a competent authority. They shall proceed based on the existing caste certificate.

In case the victim, does not have a caste certificate, then the district collector shall ensure that the caste certificate is issued within 48 hours.

[Contd...]

::2::

2. Delay in issue of Medical Evaluation Report.

The District Collector shalt ensure that the Medical evaluation report is issued within 7 days.

3. Whether, all or either of the additional relief are/is to be provided to the victims and to their dependents in cases of murder, death, massacre, rape, gang rape, permanent incapacitation and dacoity.

To provide all the additional relief and rehabilitations prescribed at S.No.46 in Annexure-I of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules 1995 as per the eligibility of victims and their dependents.

4. Whether the victims and their dependents are eligible for additional relief prescribed at S.No.46 in Annexure-I of SCs STs (PoA) Rules, 1995, If there is no death in cases of Rape, Gang rape, Massacre, permanent incapacitation, Dacoity.

Yes. They are eligible for all the components of the Additional relief and rehabilitation as prescribed at Sl.No.46 in Annexure-I of SCs8 STs (PoA) Rules, 1995.

5. At what stage of the case, the employment is to be provided to the dependents of the victims, And what to do if the case ends by acquittal.

The employment shall be provided within 90 days (3 months), irrespective whether the case ends with conviction or acquittal.

6. Whether the employment, is to be provided on permanent/contract/ outsource basis.

To provide permanent/regular job as Junior Assistant/equivalent or below in any of the Government departments as per their eligibility based on educational qualification.

The rules of compassionate appointment like a certificate confirming that there is "No Earning Member' is not required in case of atrocity victims. The victim or their legal heir is eligible, even if there is an earning member in the family.

7. Upper age limit to provide the employment,

To follow the norms prescribed for direct recruitment for that post as issued by Government from time to time along with the special relaxations given.

8. Procedure for payment remittance of pension to the dependents of victims prescribed at S.No.46 in Annexure-I of SCsEt STs (PoA) Rules, 1995.

The pension amount shall be credited every month into the bank account of the dependent like in the case of retired Government employees. This provision is given for the lifetime of the person.

The expenditure shalt be met from the budget H/A/C: 2225-01-MH(800)- GH(12) SH(05)-310-/312.

9. Extent & Cost of agriculture land to be provided to the victims or to their dependents prescribed at S.No.46 in Annexure-I of SCs& STs (PoA) Rules,1995.

An extent of 2.50 acres of wet land or 5.00 acres dry land suitable for Agriculture or Horticulture is to be given. This can be done by either by assigning suitable Government land or by purchase as per local market rate. The expenditure shall be met from the budget H/A/C: 2225-01-MH(800)-GH(12) SH(05)- 310- /3 12.

10. Size & Cost of the house to be provided to the victims or to their dependents

Provide house as per existing RuraL/Urban Housing Scheme of Government with full subsidy. The total amount i.e., Subsidy, loan component and the beneficiary contribution if any shall be met from the budget H/A/C:2225-01 -MH(800)-GH(1 2) SH (05) -310- / 312.

11. Cost of the utensils to be provided to the victims or to their dependents

As per the scale provided to the flood affected issued from time to time.

[Contd...1

::3::

12. Quantity Cost of the provisions to be provided to the victims or to their dependents,

Rice as per scale given to AAY cards and other items as per the scale issued to the flood victims. This must be given for a period of three months.

13. Budget for providing utensils, provisions House and Agriculture land Etc.,

The expenditure for all items of relief & rehabilitation required to provide under PoA Rules 1995 has to be met from the budget H/A/C: 2225-01.MH(800)- GH(12) SH(05)-310-/312.

14. If the atrocity case is filed under more than one section of the POA Act, in such cases whether the relief to be paid is the sum of the scales fixed against all sections

or the higher of all

To sanction the higher of all the sections applied.

15. Whether there is any time bar for sanction of relief to the victims, where the sanctions were delayed for years due to valid or invalid

reasons.

No time bar. This was already clarified in Govt. Memo No.13029/POA1/2001-1, Dated:22-09-2001 of Social Welfare Department.

16. Incident occurred prior to the amendment of the Act 2016, charge sheet is filed after amendment, in such case whether the sections of amended Act can be booked and relief under amended Rules can be paid or to follow the

Rules at the time of atrocity.

Charge-sheet is to be filed with the sections of law in force as on date of filing the Charge-sheet, hence the relief is to be sanctioned in accordance with the sections booked and the prevailing scale.

17. Atrocity occurred and the chargesheet was filed prior to issue of New Rules, but relief was not paid due to administrative delay and by the time decided to sanction the relief the New Rules came into force, in such case whether the relief is to be provided as per the scales fixed in

New Rules or Old Rules.

As per the orders of the Hon'ble High Court in W.P.No.33107 of 2018 & WP(PIL) No.79 of 2019, dt:24.09.2019, the chargesheet is filed under the amended provisions of the Act, compensation should be paid in terms of G.O.Ms.No.95, dt:29.08.2019, though the incident took place prior to the issuance of the Government Order.

18. Whether Statutory benefits and additional relief and rehabilitation measures to be implemented to victims of Rape, if the case ends in acquittal.

Yes. The outcome of the case has no bearing on providing relief and rehabilitation. The final installment of monetary relief is to be given to the victim on conclusion of the trial, irrespective of the outcome.

6. The Expenditure for providing TA & DA and diet charges to the victims, their dependents and witness, utensils, rice, wheat, dal, pulses have to be met from the Monetary relief Head, which is a Budget free Head and there are no quarterly restrictions.

7. The Director of Social Welfare/All the District Collectors are therefore requested to take necessary action accordingly and adhere to the strict implementation of Provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Rules within the stipulated time.

MUDDADA RAVI CHANDRA

ToSECRETARY TO GOVERNMENT

The Director of Social Welfare, A.P., Tadepalli, Guntur District. (With a request to communicate a copy of the above instructions to alt concerned)

All the District Collectors in the State. Copy to: The OSD to Deputy CM(TW). The OSD to M(SW). The PS to Secretary to Government(SW). The PS to Secretary to Government(TW).

II FORWARDED:: BY ORDER 1/

SECTION

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Social Welfare Department – The Andhra Pradesh Devadasis (Prohibition of Dedication) Rules, 2015 – Notification Orders – Issued. ---------------------------------------------------------------------------------------------------------------------

SOCIAL WELFARE (CV. PCR) DEPARTMENT

G.O.MS.No. 100 Dated: 09.12.2015 Read the following:

Ref: 1. G.O.Ms.No. 80, (PCR), Dept, Dated, 03.12.2010.

2. G.O.Ms.No. 7, (PCR), Dept, Dated, 14.3.2012 3. From the Commissioner of Social Welfare, A.P., Hyd

Lr.Rc.No.H1/3166/ 2012, dt.30.11.2013. 4. Govt. Memo No.425/SW.PCR/2012, dt.03.04.2014, 09.04.2014 and 02.02.2015. 5. From the CSW, A.P., Hyd., Lr.Rc.No. G1/3166/2012, dt.11.05.2013.

*****

ORDER: The following Notification will be published in the A.P Gazette:-

NOTIFICATION

In exercise of the powers conferred under sub-sections (1) and (2) of section 11 of the Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988 (Act No 10 of 1988) and of all other powers here into enabling , the Government of Andhra Pradesh hereby makes the following Rules, namely:-

1. SHORT TITLE AND COMMENCEMENT:

(1) These rules may be called the Andhra Pradesh Devadasis (Prohibition of

Dedication) Rules, 2015. (2) They shall come into force on the date of their publication in the Official

Gazette. 2. DEFINITIONS:

(I) In these rules, unless the context otherwise requires:-

(a) "Act" means the Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988;

(b) “Dedication” means the performance of any act or ceremony by whatever

name called, by which a woman is dedicated to the service of a Hindu deity, Idol, object of worship, temple or other religious institution or place of worship and includes tying “Tali with Jakini” to a woman or tying a woman by a garland to a Garuda Khambham, Dhaarana and Deeksha;

(c) “Devadasi” means any woman so dedicated by whatever name called

and includes Basavi, Jogini, Parvathi, Mathamma and Thayamma;

(d) “Government” means the State Government of Andhra Pradesh;

(e) “Notification” means a notification published in the Andhra Pradesh Gazette and the word “notified” shall be construed accordingly;

[Contd...2]

//2//

(f) “Temple” means a place by whatever designation known, dedicated to, or used as a place of worship; and includes a place deemed to be used as a place of worship.

(g) “Woman” means a female human being of any age;

(h) "Commissioner" means the Commissioner of Social Welfare, Andhra Pradesh State; and it includes Director of Social Welfare wherever the situation exists so.

(i) “Occurrence” means a happening or event.

(j) “Protection Cell” means a cell constituted for the purpose of facilitating awareness on the Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988 through Non Government Organisations and to gain information on the incidences and likely potential areas.

(k) “Protection officer” means an officer of Women, Child, Disabled and Senior Citizens Department not below the cadre of Child Development Project Officer.

(l) “Perform” means the act of doing.

(m) “Persistence” means continuance.

(II) Words and expressions used in there rules but not defined herein shall carry the same meanings as are assigned to them in the Act.

3. MARRIAGE OF DEVADASI:

“Devadasi” can enter into a valid marriage. A child born of Devadasi out of reasonable period of cohabitation with a person is a legitimate person in Law and has all rights under the Law including that of inheritance.

4. ACTIVITIES CONSIDERED AS OFFENCE AND ELIGIBLE TO IMPOSE

PUNISHMENT:

(1) “Performer” is the person, who actually performs the act of dedication. (2) ”Promoter” is the person, who through exhortations, inducements or coercion

contributes to the persistence of the practice of dedication. (3) “Abettor” is the person who through culpable negligence or covertly or openly

permit the dedication, prevent the contracting of lawful marriage, and fail to act under the law to prevent and/or to initiate legal action on wrong doers, and any person who coerces or induces a woman or her parents, guardians or her relatives to dedicate.

(4) “Propagator” is the person, who propagates the practice of dedication of

women as Devadasi.

5. AUTHORITIES RESPONSIBLE FOR THE IMPLEMENTATION OF THE ACT: (1) The Government may confer the powers of Judicial First Class Magistrate

on the Executive Magistrate/ Tahsildar/ MRO for conducting the trial of the offences under the Act. The District Collector/ Revenue Divisional Officer and Tahsildar will perform their duties within their respective Revenue Division.

[Contd...3]

//3//

(2) The Sub-Divisional Magistrate and a Police Officer not below the rank of Deputy Superintendent of Police shall immediately visit the place of dedication within 24 hours of occurrence of such an incident and cause an enquiry and submit report to the court.

(3) The Government may confer the powers of Judicial First Class Magistrate on the Executive Magistrate not below the rank of sub-divisional Magistrate and such Executive Magistrate shall be competent to try the cases under the Act.

(4) Investigating Officer: The officer-in-charge of a Police Station shall investigate the offences under the Act. He / She shall investigate within a period of 30 days from the day of registration of the FIR. He / She is also empowered to investigate against any person who prevents lawful marriage of Devadasi or their Children. If the Devadasi belongs to Scheduled Castes and Scheduled Tribes The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and The Protection of Civil Rights Act, 1955 shall be made applicable while registering the case.

(5) Setting up of Protection Cell and Protection Officer: The State Government shall designate a Protection Cell and a Women Protection Officer in every district for such women.

(6) Functions of the Cell:

(I) The Cell shall take the assistance of Non-Governmental Organizations for gaining information on the incidences / likely potential areas and individuals including both victims and perpetrators of such cases.

(II) A record of such information shall be maintained by the Cell.

(III) The Cell shall facilitate the conduct of awareness camps by Non- Governmental Organizations.

(IV) The Cell shall guide the victims in filing the complaint in the Police Station.

6. PREVENTIVE MEASURES: (1) Setting up of Vigilance & Monitoring Committees to Review implementation of

Act:

(A) There shall be a District Level Vigilance & Monitoring Committee consisting of the following members:

(1) Additional District Magistrate : Chairman

looking after the Law & Order

(2) Additional Superintendent of Police : Member looking after the Law & Order

(3) Sub-Divisional Magistrate : Members (all Divisions)

(4) Retired Dist. Judge /Addl. Dist. : Member Magistrate/ Judicial Magistrate (as nominated by the District Magistrate)

[Contd…4]

//4//

(5) Non- Govt. Organization (who are engaged : Two Members in the welfare activities of Devadasi) (6) Executive Director, District SCSC Society : Member

(7) Joint Director/ Deputy Director : Member Convener

Social Welfare Department The Committee shall meet once in every quarter. (B) District Level Vigilance & Monitoring Committee shall be performing the following duties:

(1) The Committee shall identify temples and religious institutions with

a history of dedications and issue instructions to the Trusty or people concerned with management of such institutions to render a sworn affidavit to the effect that no dedications are being performed or permitted further.

(2) Conduct surveys periodically to identify Devadasi Women.

(3) The Police and Revenue Officials in their jurisdiction shall supervise and take all necessary steps to prevent such dedication and such supervision shall not be restricted for creating awareness by organizing camps particularly in Devadasi prone villages.

(4) Take cognizance of offence and initiate criminal proceedings against the offenders under the Act.

(5) The Committee shall ensure that if the girl is a minor, she must be kept either in the custody of her mother or her family or placed in a rescue home and she must be provided with medical aid.

(6) Ensure the rehabilitation of Devadasi women as per rehabilitation. Quarterly reports shall be sent to the State Level Vigilance & Monitoring Committee.

(7) The Committee shall ensure the follow up of the rehabilitation of Devadasi women till the time the Committee certifies that rehabilitation is complete.

(c) Sensitization and Training:

(1) A module on The Andhra Pradesh Devadasis

(Prohibition of Dedicaiton) Act, 1988 may be included in the curriculum of the Police Training colleges and Police Academy to sensitize and train Police Officers.

(2) Orientation Training on the Andhra Pradesh Devadasis (Prohibition of Dedicaton) Act, 1988 shall be given to the Sub-Divisional Magistrates, Mandal Executive Magistrates, Joint Directors/ Deputy Directors (Social Welfare), Assistant Social Welfare Officers, Executive Directors, District SCSC Society, Law Officers, the Members of the District Vigilance and Monitoring Committee, public representatives and Panchayat Raj Institutions.

(3) Regular sensitization programmers for general public and teachers

through use of mass-media shall be taken up.

[Contd….5]

//5//

(D) There shall be a State Level Vigilance & Monitoring Committee Consisting of the following Members:

(1) Minister for Social Welfare Empowerment : Chairman and Tribal Welfare Empowerment.

(2) Minister for Home Department. : Member

(3) Minister for Women, Child, Disabled : Member And Senior Citizens Dept.

(4) Principal Secretary to Govt., Home Dept. : Member (5) Principal Secretary to Govt., Tribal Welfare Dept. : Member (6) Principal Secretary to Govt., Women, Child, Disabled and Senior Citizens Dept. : Member

(7) Director General of Police. : Member (8) Secretary to Govt., Law Dept. : Member

(9) Commissioner/ Director, Social Welfare. : Member (10) Managing Director, APSCCFC Ltd. : Member (11) Two Non-Govt. Organizations (who are engaged : Member in the welfare activities of Devadasi)

(12) Principal Secretary to Govt., Social Welfare Dept.: Member Convener.

The Committee shall review the status of Implementation of the Act on half yearly basis and shall send the reports to the Govt.

7. RELIEF & REHABILITATION:

(1) The Government shall from time to time fix appropriate and suitable relief, rehabilitation to the victims under the A.P. Devadasis (Prohibition of Dedication) Act, 1988 and lay down the procedure for providing such relief and rehabilitation.

(2) The relief and rehabilitation shall include but not limited to, (I) Providing a house of not less than 250 sq.ft. plith area (as per the norms of the Housing Department).

(ii) Economic assistance for gainful employment.

(iii) Free education of children in Govt. Social Welfare & Tribal Welfare Residential Schools upto XII Standard.

(iv) Declare the debt (bonded) if any or part of any debt (bonded) shall be deemed to have been extinguished as per the Bonded Labour System (Abolition) Act, 1976.

(V) Incentives as applicable for inter-caste marriage. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. VIJAY KUMAR PRINCIPAL SECRETARY TO GOVERNMENT

TO The Commissioner of Printing, Stationary and Stores Purchase, Chanchalguda, Hyderabad. (With a request to publish in the extra-ordinary A.P Gazette and furnish 500 Gazette copies)

[Contd….6]

//6//

The Commissioner of Information & Public Relations Department All the District Collectors in the State. All the Revenue Divisional Officers and Mandal Revenue Officers through the District Collectors concerned) The Director of Social Welfare, A.P, Hyderabad. The Director of Tribal Welfare, A.P, Hyderabad. The Commissioner of Back Ward Classes Welfare, A.P, Hyderabad. All the Departments of Secretariat (with a request to communicate these orders to the HOD’s under their control) All the Superintendents of Police in the State. The Director, TCR & TI, Hyderabad. The Registrar, AP, High Court, Hyderabad. The Registrar, AP, Hyderabad, Copy to: The Law (C) Department, The PS to Secretary to C.M. The PS to Minister (SWE & TWE) The PS to Minster (Home) The PS to Minister (WCD&SC Dept.) The PS to Minister (Revenue) The Ps to Principal Secretary (SW) The Ps to Principal Secretary (TW) The Ps to Principal Secretary (BCW) SC/SF

// FORWARDED:: BY ORDER //

SECTION OFFICER

సాంఘిక సాంక్షేమ శాఖ




సహాయకులశిక్షణ

దేవద్యసివా వసథ

2276

ఆ.ధ్ర.దేవద్యసి/జోగినివా వసథ నిరోరకచట్టాం 1988

దేవద్యసి /జోగినివా వసథ ఏర్పా టుఎలా ?దేవద్యసి/జోగిని

పేద ప్రజల అవిదయ ,అమాయకత్వ ము, అభప్దత్ల కారణంగా ఏరప డిన ఒక

సంఘికదురాచారముఈదేవదాసి/జోగిని/మాత్మ్మ /బసివిని వయ వథ .

త్మ్కుటంబానికి లేదా ప్గామానికిమేలుజరగాలనీ త్మ్ థంతానములోఒక

ఆడపిలలను ప్గామ్ దేవత్కు అర్ప ంచడము/ప్గామ్దేవత్తో వివాహము

జర్పించడముచేసారు.

అరప టినుండిఆఅమామ యి ప్గామ్థమిష్టిథంరద గ రర్గణిoచబడుతంది.

2276

ఆ.ధ్ర.దేవద్యసి/జోగినివా వసథ

జీవనవిధానాం

ప్గామ్ దేవత్ ఉత్స వాలలో మ్ర్యు ప్గామ్సా్తల ఇత్ర ఉత్స వాలలో నాట్య ము

చేయడము,

గుడినిశుప్బముచేయడమువీర్రని.

ప్గామ్ములోబిక్షాట్నదావ రాజీవిసారు.

సధారణంగా వీరు ప్ాయములో ఉనన పుడు ప్గామ్ములోనిమోతబర్ / ఇత్రుల లైoగిక

కోర్కలనుతీర్చే సధనముగాఉరయోగరడతారు.

వయస్తమ్ళి్ళ నత్రువాత్వీరుచాలాదురబ రమైనజీవితానిన గడుపుతారు.

2276


చట్టాం -ముఖ్ా ాంశాలు

ఈ సంఘిక దురాచారానిన రూపుమాపుట్కు ఆంప్ధ ప్రదేశ్‌ రాష్ట్ి ప్రభుత్వ ం 1988 వ

థంవత్స రములోఈచటి్టనిన చేసింది,

ఈచట్ంి ప్రకారం ఎవరైనాబాలికను /మ్హిళను ఆమెఇ్ంితోగానిలేక ఇ్ంి లేకుండాకాని

దేవదాసి/జోగినిగామారే డంఈచట్ంి ప్కిందనేరం.

అటల చేసినవారు, ప్ోతాస హించినవారు,థహకర్ంచినవారుఈచట్ంి ప్కింద శిక్షారుులు.

ఎవరైనా అమామ యిని ఆమె ఇ్ంితో గాని లేక ఇ్ంి లేకుండా కాని దేవదాసి/జోగినిగా

చేసా్తనన టల లేదా చేయబోతనన టి తెలిస్తా ఎవరైనా దగ గరలోని ోలీస్త ్‌స్తి్ ను నందుగానీ,

మ్హిళా శిశు థంక్షేమ్అధికారులకుగానీసంఘిక థంక్షేమ్అధికారులకుతెలియరర్స్తావారు

త్దురర్చరయ లుతీస్తకంట్టరు.

2276


దేవద్యసీలకుసాంబాంధాంచిఆాంధ్ర ధ్రదేశ్్‌షెడులుు కులముల

ఆరికి సహకారసాంసథ విధులు

పునరావాథము : ఎస్సస కార్పప ర్చ్న్ దావ రా ఏదైనా జీవనోాధి కరకు

అవథరమ్గుఆర్కి థహాయంఅందించబడుతంది

పిలలలచదువులకుఏరా్ప టుల

పిలలలనుసంఘిక థంక్షేమ్శాఖగురుకుల విదాయ లయం / వథతి గృహంలో

చేర్ప ంచి చదివించడము జరుగుతంది. వీర్కి ప్రత్యయ కంగా కనిన స్సటల

కేట్టయించబడతాయి

ఆనందనిలయంలలోకూడాకనిన స్సటల వీర్కి కేట్టయించబడతాయి.

వీడియోలింక్ : . https://youtu.be/iF2yj5NMRu8

https://youtu.be/iF2yj5NMRu8

1

THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR

REHABILITATION ACT, 2013

________________

ARRANGEMENT OF SECTIONS

_______________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

3. Act to have overriding effect.

CHAPTER II

IDENTIFICATION OF INSANITARY LATRINES

4. Local authorities to survey insanitary latrines and provide sanitary community latrines.

CHAPTER III

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT

AS MANUAL SCAVENGER

5. Prohibition of insanitary latrines and employment and engagement of manual scavenger.

6. Contract, agreement, etc., to be void.

7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers and

septic tanks.

8. Penalty for contravention of section 5 or section 6.

9. Penalty for contravention of section 7.

10. Limitation of prosecution.

CHAPTER IV

IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND

RURAL AREAS AND THEIR REHABILITATION

11. Survey of manual scavengers in urban areas by Municipalities.

12. Application by an urban manual scavenger for identification.

13. Rehabilitation of persons identified as manual scavengers by a Municipality.

14. Survey of manual scavengers in rural areas by Panchayats.

15. Application by a rural manual scavenger for identification.

16. Rehabilitation of persons identified as manual scavengers by a Panchayat.

CHAPTER V

IMPLEMENTING AUTHORITIES

17. Responsibility of local authorities to ensure elimination of insanitary latrines.

18. Authorities who may be specified for implementing provisions of this Act.

19. Duty of District Magistrate and authorised officers.

20. Appointment of inspectors and their powers.

2

CHAPTER VI

PROCEDURE FOR TRIAL

SECTIONS

21. Offences to be tried by Executive Magistrate.

22. Offence to be cognizable and non-bailable.

23. Offences by companies.

CHAPTER VII

VIGILANCE COMMITTEES

24. Vigilance Committees.

25. Functions of Vigilance Committee.

26. State Monitoring Committee.

27. Functions of the State Monitoring Committee.

28. Duty of States or Union territories to send periodic reports to the Central Government.

29. Central Monitoring Committee.

30. Functions of the Central Monitoring Committee.

31. Functions of National Commission for Safai Karamcharis.

32. Power of State Government to designate an appropriate authority to monitor the implementation

of this Act.

CHAPTER VIII

MISCELLANEOUS

33. Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc.

34. Protection of action taken in good faith.

35. Jurisdiction of civil courts barred.

36. Power of appropriate Government to make rules.

37. Power of Central Government to make model rules.

38. Power to remove difficulties.

39. Power to exempt.

3

THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS

AND THEIR REHABILITATION ACT, 2013

ACT NO. 25 OF 2013

[18th September, 2013.]

An Act to provide for the prohibition of employment as manual scavengers, rehabilitation of

manual scavengers and their families, and for matters connected therewith or incidental

thereto.

WHEREAS promoting among the citizens fraternity assuring the dignity of the individual is enshrined

as one of the goals in the Preamble to the Constitution;

AND WHEREAS the right to live with dignity is also implicit in the Fundamental Rights guaranteed in

Part III of the Constitution;

AND WHEREAS article 46 of the Constitution, inter alia, provides that the State shall protect the

weaker sections, and, particularly, the Scheduled Castes and the Scheduled Tribes from social injustice

and all forms of exploitation;

AND WHEREAS the dehumanising practice of manual scavenging, arising from the continuing

existence of insanitary latrines and a highly iniquitous caste system, still persists in various parts of the

country, and the existing laws have not proved adequate in eliminating the twin evils of insanitary latrines

and manual scavenging;

AND WHEREAS it is necessary to correct the historical injustice and indignity suffered by the manual

scavengers, and to rehabilitate them to a life of dignity.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the Prohibition of

Employment as Manual Scavengers and their Rehabilitation Act, 2013.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1 as the Central Government may, by notification in the

Official Gazette, appoint:

Provided that the date so notified shall not be earlier than sixty days after the date of publication of 2[the said notification] in the Official Gazette.

2. Definitions.—(1) In this Act, unless the context otherwise requires,—

(a) “agency” means any agency, other than a local authority, which may undertake sanitation

facilities in an area and includes a contractor or a firm or a company which engages in development

and maintenance of real estate;

(b) “appropriate government”, in relation to Cantonment Boards, railway lands, and lands and

buildings owned by the Central Government, a Central Public Sector Undertaking or an autonomous

body wholly or substantially funded by the Central Government, means the Central Government and

in all other cases, the State Government;

(c) “Chief Executive Officer”, in relation to a Municipality or Panchayat, means, its senior-most

executive officer, by whatever name called;

1. 6th December, 2013, vide notification No. S.O. 2989(E), dated 1st October, 2013, see Gazette of India, Extraordinary,

Part II, Sec. 3(ii).

2. Subs. by Act 17 of 2015, s. 3 and the Second Schedule, for “the notification” (w.e.f. 13-5-2015).

4

(d) “hazardous cleaning” by an employee, in relation to a sewer or septic tank, means its manual

cleaning by such employee without the employer fulfilling his obligations to provide protective gear

and other cleaning devices and ensuring observance of safety precautions, as may be prescribed or

provided in any other law, for the time being in force or rules made thereunder;

(e) “insanitary latrine” means a latrine which requires human excreta to be cleaned or otherwise

handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or

flushed out, before the excreta fully decomposes in such manner as may be prescribed:

Provided that a water flush latrine in a railway passenger coach, when cleaned by an employee

with the help of such devices and using such protective gear, as the Central Government may notify

in this behalf, shall not be deemed to be an insanitary latrine.

(f) “local authority” means,—

(i) a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the

Constitution, which is responsible for sanitation in its area of jurisdiction;

(ii) a Cantonment Board constituted under section 10 of the Cantonments Act, 2006

(41 of 2006); and

(iii) a railway authority;

(g) “manual scavenger” means a person engaged or employed, at the commencement of this Act

or at any time thereafter, by an individual or a local authority or an agency or a contractor, for

manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an

insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines

is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or

a State Government may notify, before the excreta fully decomposes in such manner as may be

prescribed, and the expression “manual scavenging” shall be construed accordingly.

Explanation.—For the purpose of this clause,—

(a) “engaged or employed” means being engaged or employed on a regular or contract

basis;

(b) a person engaged or employed to clean excreta with the help of such devices and

using such protective gear, as the Central Government may notify in this behalf, shall not be

deemed to be a „manual scavenger‟;

(h) “National Commission for Safai Karmacharis” means the National Commission for Safai

Karamcharis constituted under section 3 of the National Commission for Safai Karmacharis Act,

1993 (64 of 1993) and continued by Resolution of the Government of India in the Ministry of Social

Justice and Empowerment vide No.17015/18/2003-SCD-VI, dated 24th February, 2004 and as

amended from time to time;

(i) “notification” means a notification published in the Official Gazette and the expression

“notify” shall be construed accordingly;

(j) “occupier”, in relation to the premises where an insanitary latrine exists, or someone is

employed as a manual scavenger, means the person who, for the time being, is in occupation of such

premises;

(k) “owner”, in relation to the premises where an insanitary latrine exists or someone is employed

as a manual scavenger, means, the person who, for the time being has legal title to such premises;

(l) “prescribed” means prescribed by the rules made under this Act;

(m) “railway authority” means an authority administering railway land, as may be notified by the

Central Government in this behalf;

(n) “railway land” shall have the meaning assigned to it in clause (32A) of section 2 of the

Railways Act, 1989 (24 of 1989);

5

(o) “sanitary latrine” means a latrine which is not an „insanitary latrine‟;

(p) “septic tank” means a water-tight settling tank or chamber, normally located underground,

which is used to receive and hold human excreta, allowing it to decompose through bacterial activity;

(q) “sewer” means an underground conduit or pipe for carrying off human excreta, besides other

waste matter and drainage wastes;

(r) “State Government”, in relation to a Union territory, means the Administrator thereof

appointed under article 239 of the Constitution;

(s) “survey” means a survey of manual scavengers undertaken in pursuance of section 11 or

section 14.

(2) Words and expressions used and not defined in this Act, but defined in the Cantonments Act, 2006

(41 of 2006), shall have the same meanings respectively assigned to them in that Act.

(3) The reference to a Municipality under Chapters IV to VIII of this Act shall include a reference to,

as the case may be, the Cantonment Board or the railway authority, in respect of areas included within

the jurisdiction of the Cantonment Board and the railway land, respectively.

3. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of

Dry Latrines (Prohibition) Act, 1993 ( 46 of 1993) or in any other law, or in any instrument having effect

by virtue of any other law.

CHAPTER II

IDENTIFICATION OF INSANITARY LATRINES

4. Local authorities to survey insanitary latrines and provide sanitary community latrines.—(1)

Every local authority shall,—

(a) carry out a survey of insanitary latrines existing within its jurisdiction, and publish a list of

such insanitary latrines, in such manner as may be prescribed, within a period of two months from the

date of commencement of this Act;

(b) give a notice to the occupier, within fifteen days from the date of publication of the list under

clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine, within a period

of six months from the date of commencement of this Act:

Provided that the local authority may for sufficient reasons to be recorded in writing extend the

said period not exceeding three months;

(c) construct, within a period not exceeding nine months from the date of commencement of this

Act, such number of sanitary community latrines as it considers necessary, in the areas where

insanitary latrines have been found.

(2) Without prejudice to the provisions contained in sub-section (1), Municipalities, Cantonment

Boards and railway authorities shall also construct adequate number of sanitary community latrines,

within such period not exceeding three years from the date of commencement of this Act, as the

appropriate Government may, by notification, specify, so as to eliminate the practice of open defecation

in their jurisdiction.

(3) It shall be the responsibility of local authorities to construct community sanitary latrines as

specified in sub-sections (1) and (2), and also to make arrangements for their hygienic upkeep at all

times.

Explanation.—For the purposes of this section, “community” in relation to railway authorities means

passengers, staff and other authorised users of railways.

6

CHAPTER III

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT

AS MANUAL SCAVENGER

5. Prohibition of insanitary latrines and employment and engagement of manual scavenger.—

(1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers

and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993), no person, local authority or any

agency shall, after the date of commencement of this Act,—

(a) construct an insanitary latrine; or

(b) engage or employ, either directly or indirectly, a manual scavenger, and every person so

engaged or employed shall stand discharged immediately from any obligation, express or implied, to

do manual scavenging.

(2) Every insanitary latrine existing on the date of commencement of this Act, shall either be

demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of

the period so specified in clause (b) of sub-section (1) of section 4:

Provided that where there are several occupiers in relation to an insanitary latrine, the liability to

demolish or convert it shall lie with,—

(a) the owner of the premises, in case one of the occupiers happens to be the owner; and

(b) all the occupiers, jointly and severally, in all other cases:

Provided that the State Government may give assistance for conversion of insanitary latrines into

sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification,

specify:

Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an

insanitary latrine, beyond the said period of nine months.

(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the

period specified in sub-section (2), the local authority having jurisdiction over the area in which such

insanitary latrine is situated, shall, after giving notice of not less than twenty one days to the occupier,

either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled

to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such

manner as may be prescribed.

6. Contract, agreement, etc., to be void.—(1) Any contract, agreement or other instrument entered

into or executed before the date of commencement of this Act, engaging or employing a person for the

purpose of manual scavenging shall, on the date of commencement of this Act, be terminated and such

contract, agreement or other instrument shall be void and inoperative and no compensation shall be

payable therefor.

(2) Notwithstanding anything contained in sub-section (1), no person employed or engaged as a

manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject

to his willingness, in employment on at least the same emoluments, and shall be assigned work other than

manual scavenging.

7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers

and septic tanks.—No person, local authority or any agency shall, from such date as the State

Government may notify, which shall not be later than one year from the date of commencement of this

Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a

septic tank.

8. Penalty for contravention of section 5 or section 6.—Whoever contravenes the provisions of

section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which

may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any

7

subsequent contravention with imprisonment which may extend to two years or with fine which may

extend to one lakh rupees, or with both.

9. Penalty for contravention of section 7.—Whoever contravenes the provisions of section 7 shall

for the first contravention be punishable with imprisonment for a term which may extend to two years or

with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with

imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with

both.

10. Limitation of prosecution.—No court shall take cognizance of any offence punishable under this

Act except upon a complaint thereof is made by a person in this behalf within three months from the date

of the occurrence of the alleged commission of the offence.

CHAPTER IV

IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND

RURAL AREAS AND THEIR REHABILITATION

11. Survey of manual scavengers in urban areas by Municipalities.—(1) If any Municipality has

reason to believe that some persons are engaged or employed in manual scavenging within its jurisdiction,

the Chief Executive Officer of such Municipality shall cause a survey to be undertaken to identify such

persons.

(2) The content and methodology of the survey referred to in sub-section (1) shall be such as may be

prescribed, and it shall be completed within a period of two months from its commencement in the case of

Municipal Corporations, and within a period of one month in the case of other Municipalities.

(3) The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is undertaken,

shall be responsible for accurate and timely completion of the survey.

(4) After completion of the survey, the Chief Executive Officer shall cause to be drawn up a

provisional list of persons found to be working as manual scavengers within the jurisdiction of his

Municipality and fulfilling the eligibility conditions as may be prescribed, shall cause such provisional list

to be published for general information in such manner, as may be prescribed, and shall invite objections

to the list from the general public.

(5) Any person having any objection, either to the inclusion or exclusion of any name in the

provisional list published in pursuance of sub-section (4), shall, within a period of fifteen days from such

publication, file an objection, in such form as the Municipality may notify, to the Chief Executive Officer.

(6) All objections received in pursuance of sub-section (5), shall be enquired into, and thereafter a

final list of persons found to be working as manual scavengers within the local limits of the municipality,

shall be published by it in such manner, as may be prescribed.

(7) As soon as the final list of manual scavengers, referred to in sub-section (6) is published, the

persons included in the said list shall, subject to the provisions of sub-section (2) of section 6, stand

discharged from any obligation to work as manual scavengers.

12. Application by an urban manual scavenger for identification.—(1) Any person working as a

manual scavenger in an urban area, may, either during the survey undertaken by the Municipality in

pursuance of section 11, within whose jurisdiction he works, or at any time thereafter, apply, in such

manner, as may be prescribed, to the Chief Executive Officer of the Municipality, or to any other officer

authorised by him in this behalf, for being identified as a manual scavenger.

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be

enquired into, either as part of the survey undertaken under section 11, or, when no such survey is in

progress, within fifteen days of receipt of such application, to ascertain whether the applicant is a manual

scavenger.

(3) If an application is received under sub-section (1) when a survey under section 11 is not in

progress, and is found to be true after enquiry in accordance with sub-section (2), action shall be taken to

8

add the name of such a person to the final list published under sub-section (6) of section 11, and the

consequences mentioned in sub-section (7) thereof shall follow.

13. Rehabilitation of persons identified as manual scavengers by a Municipality.—(1) Any

person included in the final list of manual scavengers published in pursuance of sub-section (6) of section

11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following

manner, namely:—

(a) he shall be given, within one month,—

(i) a photo identity card, containing, inter alia, details of all members of his family dependent

on him, and

(ii) such initial, one time, cash assistance, as may be prescribed;

(b) his children shall be entitled to scholarship as per the relevant scheme of the Central

Government or the State Government or the local authorities, as the case may be;

(c) he shall be allotted a residential plot and financial assistance for house construction, or a

ready-built house, with financial assistance, subject to eligibility and willingness of the manual

scavenger, and the provisions of the relevant scheme of the Central Government or the State

Government or the concerned local authority;

(d) he, or at least one adult member of his family, shall be given, subject to eligibility and

willingness, training in a livelihood skill, and shall be paid a monthly stipend of not less than three

thousand rupees, during the period of such training;

(e) he, or at least one adult member of his family, shall be given, subject to eligibility and

willingness, subsidy and concessional loan for taking up an alternative occupation on a sustainable

basis, in such manner as may be stipulated in the relevant scheme of the Central Government or the

State Government or the concerned local authority;

(f) he shall be provided such other legal and programmatic assistance, as the Central Government

or State Government may notify in this behalf.

(2) The District Magistrate of the district concerned shall be responsible for rehabilitation of each

manual scavenger in accordance with the provisions of sub-section (1) and the State Government or the

District Magistrate concerned may, in addition, assign responsibilities in his behalf to officers subordinate

to the District Magistrate and to officers of the concerned Municipality.

14. Survey of manual scavengers in rural areas by Panchayats.—If any Panchayat has reason to

believe that some persons are engaged in manual scavenging within its jurisdiction, the Chief Executive

Officer of such Panchayat shall cause a survey of such manual scavengers to be undertaken, mutatis

mutandis, in accordance with the provisions of section 11 and section 12, to identify such person.

15. Application by a rural manual scavenger for identification.—(1) Any person working as a

manual scavenger, in a rural area, may, either during the survey undertaken by the Panchayat within

whose jurisdiction he works, in pursuance of section 14 or at any time thereafter, apply, in such manner,

as may be prescribed, to the Chief Executive Officer of the concerned Panchayat, or to any other officer

authorised by him in this behalf, for being identified as a manual scavenger.

(2) On receipt of an application under sub-section (1), the Chief Executive Officer shall cause it to be

enquired into, either as part of the survey undertaken under section 14 or when no such survey is in

progress, within fifteen days of receipt of such application, so as to ascertain whether the applicant is a

manual scavenger.

16. Rehabilitation of persons identified as manual scavengers by a Panchayat.—Any person

included in the final list of manual scavengers, published in pursuance of section 14 or added thereto in

pursuance of sub-section (2) of section 15 shall be rehabilitated, mutatis mutandis, in the manner laid

down for urban manual scavengers in section 13.

9

CHAPTER V


17. Responsibility of local authorities to ensure elimination of insanitary latrines.—

Notwithstanding anything contained in any other law for the time being in force, it shall be the

responsibility of every local authority to ensure, through awareness campaign or in such other manner that

after the expiry of a period of nine months, from the date of commencement of this Act,—

(i) no insanitary latrine is constructed, maintained or used within its jurisdiction;

and

(ii) in case of contravention of clause (i), action is taken against the occupier under

sub-section (3) of section 5.

18. Authorities who may be specified for implementing provisions of this Act.—The appropriate

Government may confer such powers and impose such duties on local authority and District Magistrate as

may be necessary to ensure that the provisions of this Act are properly carried out, and a local authority

and the District Magistrate may, specify the subordinate officers, who shall exercise all or any of the

powers, and perform all or any of the duties, so conferred or imposed, and the local limits within which

such powers or duties shall be carried out by the officer or officers so specified.

19. Duty of District Magistrate and authorised officers.—The District Magistrate and the authority

authorised under section 18 or any other subordinate officers specified by them under that section shall

ensure that, after the expiry of such period as specified for the purpose of this Act,—

(a) no person is engaged or employed as manual scavenger within their jurisdiction;

(b) no one constructs, maintains, uses or makes available for use, an insanitary latrine;

(c) manual scavengers identified under this Act are rehabilitated in accordance with section 13, or

as the case may be, section 16;

(d) persons contravening the provisions of section 5 or section 6 or section 7 are investigated and

prosecuted under the provisions of this Act; and

(e) all provisions of this Act applicable within his jurisdiction are duly complied with.

20. Appointment of inspectors and their powers.—(1) The appropriate Government may, by

notification, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define

the local limits within which they shall exercise their powers under this Act.

(2) Subject to any rules made in this behalf, an inspector may, within the local limits of his

jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any premises or

place for the purpose of,—

(a) examining and testing any latrine, open drain or pit or for conducting an inspection of any

premises or place, where he has reason to believe that an offence under this Act has been or is being

or is about to be committed, and to prevent employment of any person as manual scavenger;

(b) examine any person whom he finds in such premises or place and who, he has reasonable

cause to believe, is employed as a manual scavenger therein, or is otherwise in a position to furnish

information about compliance or non-compliance with the provisions of this Act and the rules made

thereunder;

(c) require any person whom he finds on such premises, to give information which is in his power

to give, with respect to the names and addresses of persons employed on such premises as manual

scavenger and of the persons or agency or contractor employing or engaging them;

(d) seize or take copies of such registers, record of wages or notices or portions thereof as he may

consider relevant in respect of an offence under this Act which he has reason to believe has been

committed by the principal employer or agency; and

(e) exercise such other powers as may be prescribed.

10

(3) Any person required to produce any document or thing or to give any information required by an

inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of

section 175 and section 176 of the Indian Penal Code (45 of 1860).

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply

to any such search or seizure under sub-section (2) as they apply to such search or seizure made under

the authority of a warrant issued under section 94 of the said Code.

CHAPTER VI

PROCEDURE FOR TRIAL

21. Offences to be tried by Executive Magistrate.—(1) The State Government may confer, on an

Executive Magistrate, the powers of a Judicial Magistrate of the first class for the trial of offences under

this Act; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so

conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2 of 1974), to be a

Judicial Magistrate of the first class.

(2) An offence under this Act may be tried summarily.

22. Offence to be cognizable and non-bailable.—Notwithstanding anything contained in the Code

of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and non-

bailable.

23. Offences by companies.—(1) Where an offence under this Act has been committed by a

company, every person who, at the time the offence was committed, was in charge of, and was

responsible to, the company for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been

committed by a company and it is proved that offence has been committed with the consent or connivance

of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the

company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence

and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of individuals;

and

(b) “director”, in relation to a firm, means a partner in the firm.

CHAPTER VII


24. Vigilance Committees.—(1) Every State Government shall, by notification, constitute a

Vigilance Committee for each district and each Sub-Division.

(2) Each Vigilance Committee constituted for a district shall consist of the following members,

namely:—

(a) the District Magistrate—Chairperson, ex officio;

(b) all members of the State Legislature belonging to the Scheduled Castes elected from the

district—members:

Provided that if a district has no member of the State Legislature belonging to the Scheduled

Castes, the State Government may nominate such number of other members of the State Legislature

from the district, not exceeding two, as it may deem appropriate.

(c) the district Superintendent of Police— member, ex officio;

11

(d) the Chief Executive Officer of,—

(i) the Panchayat at the district level—member, ex officio;

(ii) the Municipality of the district headquarters—member, ex officio;

(iii) any other Municipal Corporation constituted in the district— member, ex officio;

(iv) Cantonment Board, if any, situated in the district—member, ex officio;

(e) one representative be nominated by the railway authority located in the district;

(f) not more than four social workers belonging to organisation working for the prohibition of

manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger

community, resident in the district, to be nominated by the District Magistrate, two of whom shall be

women;

(g) one person to represent the financial and credit institutions in the district, to be nominated by

the District Magistrate;

(h) the district-level officer in-charge of the Scheduled Castes Welfare— Member-Secretary,

ex officio;

(i) district-level officers of Departments and agencies who, in the opinion of the District

Magistrate, subject to general orders, if any, of the State Government, have a significant role to play

in the implementation of this Act.

(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the following

members, namely:—

(a) the Sub-Divisional Magistrate—Chairperson, ex officio;

(b) the Chairpersons and the Chief Executive Officers of Panchayats at intermediate level of the

Sub-Division, and where Panchayats at intermediate level, do not exist, Chairpersons from two

Panchayats at Village level to be nominated by the Sub-Divisional Magistrate—member, ex officio;

(c) the Sub-Divisional Officer of Police—member, ex officio;

(d) Chief Executive Officer of—

(i) the Municipality of the Sub-Divisional headquarters—member, ex officio; and

(ii) Cantonment Board, if any, situated in the Sub-Division—member, ex officio;

(e) one representative to be nominated by the railway authority located in the

Sub-Division—member, ex officio;

(f) two social workers belonging to the organisation working for the prohibition of manual

scavenging and rehabilitation of the manual scavengers, or representing the scavenger community

resident in the Sub-Division, to be nominated by the District Magistrate, one of whom shall be a

woman;

(g) one person to represent the financial and credit institutions in the Sub-Division, to be

nominated by the Sub-Divisional Magistrate;

(h) the Sub-Divisional level officer in-charge of Scheduled Castes welfare— Member-Secretary,

ex officio;

(i) Sub-Divisional level officers of Department and agencies who in the opinion of the

Sub-Divisional Magistrate, subject to any general orders of the State Government or the District

Magistrate, have a significant role to play in the implementation of this Act—member, ex officio.

(4) Each Vigilance Committee constituted at district and Sub-Divisional level shall meet at least once

in every three months.

(5) No proceeding of a Vigilance Committees shall be invalid merely by reason of any defect in its

constitution.

12

25. Functions of Vigilance Committee.—The functions of Vigilance Committee shall be—

(a) to advise the District Magistrate or, as the case may be, the Sub-Divisional Magistrate, on the

action which needs to be taken, to ensure that the provisions of this Act or of any rule made

thereunder are properly implemented;

(b) to oversee the economic and social rehabilitation of manual scavengers;

(c) to co-ordinate the functions of all concerned agencies with a view to channelise adequate

credit for the rehabilitation of manual scavengers;

(d) to monitor the registration of offences under this Act and their investigation and prosecution.

26. State Monitoring Committee.—(1) Every State Government shall, by notification, constitute a

State Monitoring Committee, consisting of the following members, namely:—

(a) the Chief Minister of State or a Minister nominated by him—Chairperson, ex officio;

(b) the Minister-in-charge of the Scheduled Castes Welfare, and such other Department, as the

State Government may notify;

(c) Chairperson of the State Commissions for Safai Karamcharis, and Scheduled Castes, if any—

member, ex officio;

(d) representatives of the National Commission for Scheduled Castes, and Safai Karamcharis—

member, ex officio;

(e) not less than two members of the State Legislature belonging to the Scheduled Castes,

nominated by the State Government:

Provided that if any State Legislature has no member belonging to the Scheduled Castes, the State

Government may nominate the members belonging to the Scheduled Tribes;

(f) the Director-General of Police— member, ex officio;

(g) Secretaries to the State Government in the Departments of Home, Panchayati Raj, Urban

Local Bodies, and such other Departments, as the State Government may notify;

(h) Chief Executive Officer of at least one Municipal Corporation, Panchayat at the district-level,

Cantonment Board and railway authority as the State Government may notify;

(i) not more than four social workers belonging to organisation working for the prohibition of


community, resident in the State, to be nominated by the State Government, two of whom shall be

women;

(j) State-level head of the convener Bank of the State Level Bankers‟ Committee— member,

ex officio;

(k) Secretary of the Department of the State Government dealing with development of the

Scheduled Castes—Member-Secretary, ex officio;

(l) such other representative of Departments of the State Government and such other agencies

which, in the opinion of the State Government, are concerned with the implementation of this Act.

(2) The State Monitoring Committee shall meet at least once in every six months and shall observe

such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

27. Functions of the State Monitoring Committee.—The functions of the State Monitoring

Committee shall be—

(a) to monitor and advise the State Government and local authorities for effective implementation

of this Act;

(b) to co-ordinate the functions of all concerned agencies;

13

(c) to look into any other matter incidental thereto or connected therewith for implementation of

this Act.

28. Duty of States or Union territories to send periodic reports to the Central Government.—

Every State or Union territory Government and Union territory administration shall send such periodic

reports to the Central Government about progress of implementation of this Act, as the Central

Government may require.

29. Central Monitoring Committee.—(1) The Central Government shall, by notification, constitute

a Central Monitoring Committee in accordance with the provisions of this section.

(2) The Central Monitoring Committee shall consist of the following members, namely:—

(a) The Union Minister for Social Justice and Empowerment—Chairperson, ex officio;

(b) Chairperson of the National Commission for Scheduled Castes—member, ex officio;

(c) Minister of State in the Ministry of Social Justice and Empowerment— member, ex officio;

(d) Chairperson, National Commission for Safai Karamcharis— member, ex officio;

(e) the Member of the Planning Commission dealing with development of the Scheduled

Castes—member, ex officio;

(f) three elected members of Parliament belonging to Scheduled Castes, two from the Lok Sabha

and one from the Rajya Sabha;

(g) Secretaries of the Ministries of,—

(i) Social Justice and Empowerment, Department of Social Justice and Empowerment;

(ii) Urban Development;

(iii) Housing and Urban Poverty Alleviation;

(iv) Drinking Water and Sanitation;

(v) Panchayati Raj;

(vi) Finance, Department of Financial Services; and

(vii) Defence,

members, ex officio;

(h) Chairman, Railway Board—member, ex officio;

(i) Director-General, Defence Estates— member, ex officio;

(j) representatives of not less than six State Governments and one Union territory, as the

Central Government may, notify;

(k) not more than six social workers belonging to organisation working for the prohibition of


community, resident in the country, to be nominated by the Chairperson, two of whom shall be

women;

(l) Joint Secretary, Department of Social Justice and Empowerment in the Ministry of Social

Justice and Empowerment, looking after development of Scheduled Castes—Member-Secretary,

ex officio;

(m) such other representatives of Central Ministries or Departments and agencies which, in

the opinion of the Chairperson, are concerned with the implementation of this Act.

(3) The Central Monitoring Committee shall meet at least once in every six months.

14

30. Functions of the Central Monitoring Committee.—The functions of the Central Monitoring

Committee shall be,—

(a) to monitor and advise the Central Government and State Government for effective

implementation of this Act and related laws and programmes;

(b) to co-ordinate the functions of all concerned agencies;

(c) to look into any other matter incidental to or connected with implementation of this Act.

31. Functions of National Commission for Safai Karamcharis.—(1) The National Commission for

Safai Karamcharis shall perform the following functions, namely:—

(a) to monitor the implementation of this Act;

(b) to enquire into complaints regarding contravention of the provisions of this Act, and to convey

its findings to the concerned authorities with recommendations requiring further action; and

(c) to advise the Central and the State Governments for effective implementation of the

provisions of this Act.

(d) to take suo motu notice of matter relating to non-implementation of this Act.

(2) In the discharge of its functions under sub-section (1), the National Commission shall have the

power to call for information with respect to any matter specified in that sub-section from any

Government or local or other authority.

32. Power of State Government to designate an appropriate authority to monitor the

implementation of this Act.—(1) The State Government may, by notification, designate a State

Commission for Safai Karamcharis or a State Commission for the Scheduled Castes or such other

statutory or other authority, as it deems fit, to perform, within the State, mutatis mutandis, the functions

specified in sub-section (1) of section 31.

(2) An authority designated under sub-section (1) shall, within the State, have, mutatis mutandis, the

powers of the National Commission for Safai Karamcharis as specified in sub-section (2) of section 31.

CHAPTER VIII

MISCELLANEOUS

33. Duty of local authorities and other agencies to use modern technology for cleaning of

sewers, etc.—(1) It shall be the duty of every local authority and other agency to use appropriate

technological appliances for cleaning of sewers, septic tanks and other spaces within their control with a

view to eliminating the need for the manual handling of excreta in the process of their cleaning.

(2) It shall be the duty of the appropriate Government to promote, through financial assistance,

incentives and otherwise, the use of modern technology, as mentioned in sub-section (1).

34. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall

lie against an appropriate Government or any officer of the appropriate Government or any member of the

Committee for anything which is in good faith done or intended to be done under this Act.

35. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any

matter to which any provision of this Act applies and no injunction shall be granted by any civil court in

respect of anything, which is done or intended to be done, by or under this Act.

36. Power of appropriate Government to make rules.—(1) The appropriate Government shall, by

notification, make rules for carrying out the provisions of this Act, within a period not exceeding three

months from the date of commencement of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the obligation of an employer, under clause (d) of sub-section (1) of section 2;

15

(b) the manner in which the excreta fully decomposes under clauses (e) and (g) of sub-section (1)

of section 2;

(c) the manner of carrying out survey of insanitary latrine and publishing list thereof under

clause (a) of sub-section (1) of section 4;

(d) procedure of giving notice and recovering cost of demolition of an insanitary latrine under

sub-section (3) of section 5;

(e) content and methodology of the survey under sub-section (2) of section 11;

(f) the eligibility conditions for identification of manual scavengers and publication of

provisional list of persons found to be working as manual scavengers under sub-section (4) of

section 11;

(g) publication of final list of persons found to be working as manual scavengers under sub-

section (6) of section 11;

(h) manner of application to be made to the Chief Executive Officer of the municipality, or to an

officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be,


(i) provision of initial, one time, cash assistance under sub-clause (ii) of clause (a) of


(j) such other powers of Inspectors under clause (e) of sub-section (2) of section 20; and

(k) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it

is made, before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that

any such modification or annulment shall be without prejudice to the validity of anything previously done

under that rule.

(4) Every rule made under this Act by the State Government shall, as soon as may be after it is made,

be laid before each House of State Legislature, where there are two Houses and where there is one House

of State Legislature, before that House.

37. Power of Central Government to make model rules.—(1) Notwithstanding anything contained

in section 36 of this Act:—

(a) the Central Government shall, by notification, publish model rules for the guidance and use of

State Governments; and

(b) in case the State Government fails to notify the rules under section 36 of this Act within the

period of three months specified therein, then the model rules as notified by the Central Government

shall be deemed to have come into effect, mutatis mutandis, in such State, till such time as the State

Government notifies its rules.

(2) The model rules made by the Central Government under this Act shall be laid, as soon as may be

after they are made, before each House of Parliament while it is in session, for a total period of thirty days

which may be comprised in one session or in two or more successive sessions, and if, before the expiry of

the session immediately following the session or the successive sessions aforesaid, both Houses make any

modification in the rule, the rule shall thereafter have effect only in such modified form; so, however, that

any such modification shall be without prejudice to the validity of anything previously done under that

rule.

38. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of

this Act, the Central Government may, by order published in the Official Gazette, make such provisions,

16

not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the

removal of the difficulty:

Provided that no such order shall be made in relation to a State after the expiration of three years from

the commencement of this Act in that State.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each

House of Parliament.

39. Power to exempt.—(1) The appropriate Government may, by a general or special order published

in the Official Gazette, for reasons to be recorded, and subject to such conditions as it may impose,

exempt any area, category of buildings or class of persons from any provisions of this Act or from any

specified requirement contained in this Act or any rule, order, notification, bye-laws or scheme made

thereunder or dispense with the observance of any such requirement in a class or classes of cases, for a

period not exceeding six months at a time.

(2) Every general or special order made under this section shall be laid, as soon as may be after it is

made, before each House of Parliament or each House of State Legislature, where there are two Houses

and where there is one House of State Legislature, before that House.

————






శిక్షణకార్ా ధ్కమము

మాన్యూ వల్స్కా వెంజర్స్ నిషేధెం

మరియుపునరావాసచట్టెం – 2013

PROHIBITION OF

EMPLOYMENT AS MANUAL SCAVENGERS AND

THEIR REHABILITATION ACT/RULES, 2013

ORIENTATION ON THE ACT/RULES

For WEAs

ఇష్టపూర్వ కెంగా ఎవరైనాఈపనినిచేయటానికిఒపుు కెంటార్ ?

ఎప్పు డుఈ వా్ వ్సథను అాంత్ాంచేయగలము ?

COMPONENTS OF THE PRESENTATION

❑ Background for the Act.

❑ Definitions of basic terms.

❑ Identification of Insanitary latrines.

❑ Prohibition of insanitary latrines and employment and engagement of manual scavenger.

❑ Penalties for violations.

❑ Survey of Manual Scavengers.

❑ Rehabilitation of Manual Scavengers.

❑ Vigilance Committees.

❑ Safety Devices prescribed to be given to workers for cleaning Sewers or Septic Tanks & Precautions to be taken before, during

and after cleaning of Sewers or Septic Tanks.

❑ Supreme Court Judgment on a PIL on manual scavangers and deaths in sewers

ఈచట్టాం ఎాందుకు ?

❑ Employment of Manual Scavengers and Construction of Dry latrines (Prohibition) Act,

1993.

❑ Above law has not proved adequate in eliminating the twin evils of insanitary latrines and

manual scavenging;

❑ The House listing and Housing Census, 2011 reported that there are about 26 lakh

insanitary latrines in the country, where as 18 States/UTs had reported existence of only

1,18,474 manual scavengers/dependents after the 1993 Act.

❑ Hence, the present Act is brought to correct the historical injustice and indignity suffered

by the manual scavengers, and to rehabilitate them to a life of dignity.

రాజా్ ాంగాంలో ఏమివాంది

❑ Promoting among the citizens fraternity assuring the dignity of the individual is enshrined

as one of the goals in the Preamble to the Constitution;

❑ And whereas the right to live with dignity is also implicit in the Fundamental Rights

guaranteed in Part III of the Constitution;

❑ And whereas article 46 of the Constitution, inter alia, provides that the State shall protect the

weaker sections, and, particularly, the Scheduled Castes and the Scheduled Tribes from social

injustice and all forms of exploitation;

చట్టాంలకా్ష్య లు

❑ Prohibition of employment as manual scavengers,

❑ Rehabilitation of manual scavengers and their families, and

❑ For matters connected therewith or incidental thereto.

1993 చట్టాంతోపోల్చి తే 2013 చట్టాంలోని ధ్రధానఅాంశాలు,

I. Definitions of manual scavenger is widened. Definition of insanitary latrine is widened to cover not only

dry latrines but other insanitary latrines as well.

II. Offences under the Act are cognizable and non-bailable and attract stringent penalties.

III. Vigilance/Monitoring Committee at sub-Division, District, State and Central Govt. levels.

IV. National Commission for Safai Karamcharis (NCSK) would, inter alia, monitor implementation of the

Act and enquire into complaints regarding contravention of the provisions of the Act.

V. Provision of construction of adequate number of sanitary community latrines in urban areas, within three

years from the date of commencement of this Act to eliminate the practice of open defecation.

VI. Prohibition on engaging workers for hazardous cleaning of sewers, septic tanks.

కొనిి ముఖా మైన నిర్వ చనాలు :

“Insanitary latrine" means a latrine which requires human excreta to be cleaned or

otherwise handled manually, either in situ, or in an open drain or pit into which the

excreta is discharged or flushed out, before the excreta fully decomposes (without

giving unpleasant smell and containing valuable plant nutrients).

“Local authority" means,—

(i) a Municipality or a Panchayat, which is responsible for sanitation in its area of jurisdiction;

(ii) a Cantonment Board constituted; and

(iii) a railway authority;

కొనిి ముఖా మైననిర్వ చనాలు

❑ “Manual Scavenger" means a person engaged or employed, by an individual or a local

authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or

otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain

or pit into which the human excreta from the insanitary latrines is disposed of, or on a

railway track, before the excreta fully decomposes, and the expression "manual scavenging"

shall be construed accordingly.

❑ Applies to regular workers or contract workers.

❑ Safai Karamchari or Sanitation Worker means any person engaged for any sanitation work,

other than domestic work.

❑ A person engaged or employed to clean excreta with the help of such devices and using

such protective gear, as the Central Government may notify in this behalf, shall not be

deemed to be a ‘manual scavenger’.

❑ “Hazardous cleaning" by an employee, in relation to a sewer or septic tank, means its

manual cleaning by such employee without the employer fulfilling his obligations to

provide protective gear and other cleaning devices and ensuring observance of safety

precautions, as may be prescribed or provided in any other law, for the time being in

force or rules made thereunder

కొనిి ముఖా మైననిర్వ చనాలు

Identification of Insanitary Latrines

Every local authority shall,—

A. Carry out a survey of insanitary latrines existing within its jurisdiction, and publish

a list of such insanitary latrines;

B. Give a notice to the occupier, within fifteen days from the date of publication of the

list under above clause, to either demolish the insanitary latrine or convert it into a

sanitary latrine;

C. Construct, within a period not exceeding nine months from the date of

commencement of this Act, such number of sanitary community latrines as it

considers necessary, in the areas where insanitary latrines have been found

RESPONSIBILITY FOR CONSTRUCTION OF SANITARY COMMUNITY LATRINES TO ELIMINATE OPEN DEFECATION

❑ Municipalities, Cantonment Boards and railway authorities shall also construct

adequate number of sanitary community latrines, within such period not exceeding

three years from the date of commencement of this Act, so as to eliminate the

practice of open defecation in their jurisdiction.

❑ It shall be the responsibility of local authorities to construct community sanitary

latrines and also to make arrangements for their hygienic upkeep at all times.

PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT OF MANUAL SCAVENGER

No person, local authority or any agency shall, after the date of commencement of

this Act,—

A. Construct an insanitary latrine; or

B. Engage or employ, either directly or indirectly, a manual scavenger, and every

person so engaged or employed shall stand discharged immediately from any

obligation to do manual scavenging.

EITHER CONVERSION OR DEMOLITION AT OWN COST

❑ Every insanitary latrine existing on the date of commencement of this Act, shall

either be demolished or be converted into a sanitary latrine, by the occupier at

his own cost. If not done by occupier, local authority shall convert/demolish and

recover the cost.

❑ State Government may give assistance for conversion of insanitary latrines into

sanitary latrines.

PROHIBITION OF PERSONS FROM ENGAGEMENT OR EMPLOYMENT FOR HAZARDOUS CLEANING OF SEWERS AND SEPTIC TANKS.

❑No person, local authority or any agency shall engage or employ, either directly or

indirectly, any person for hazardous cleaning of a sewer or a septic tank.

❑What is hazardous cleaning?

“Hazardous cleaning" by an employee, in relation to a sewer or septic tank,

means its manual cleaning by such employee without the employer fulfilling his

obligations to provide protective gear and other cleaning devices and ensuring

observance of safety precautions, as provided in the Rules.

PENALTIES FOR CONSTRUCTION OF INSANITARY LATRINE OR ENGAGING MANUAL SCAVENGER

❑ For first violation:

✓ Imprisonment for a term which may extend to one year

✓ or with fine which may extend to fifty thousand rupees

✓ or with both

❑ For subsequent violation:

✓ Penalties get doubled

PENALTIES FOR ENGAGING WORKERS FOR HAZARDOUS CLEANING

❑ For first violation:

✓ be punishable with imprisonment for a term which may extend to two years

✓ or with fine which may extend to two lakh rupees

✓ or with both.

❑ For subsequent violation:

✓ Imprisonment which may extend to five years

✓ or with fine which may extend to five lakh rupees,

✓ or with both.

జిలా్ల స్థసథ ిసర్వవ కమిటీ

❑ District Collector – Chairman

❑ Deputy Director, Social Welfare – Member Secretary

❑ Chief Planning Officer – Member

❑ Dt level officer of MAUD – Member

❑ Representative of Railways – Member

❑ Two NGOs working for welfare of manual scavengers/SKs- Members

❑ Two community representatives (one of them to be woman) – Members

(Non officials to be nominated by Collector)

జిలా్లసర్వవ కమిటీ విధులు

❑ To monitor and oversee the survey process at District Level.

❑ To distribute the materials for awareness campaign to designated place.

❑ To arrange publicity through local newspapers etc. about the Survey.

❑ To distribute translated survey material to designated place under its Jurisdiction.

❑ To approve final list of manual scavengers for all towns, cities and Village in the District.

❑ Publication of final consolidated list of the Manual Scavengers in the District.

OTHER ISSUES RELATING TO SURVEY

❑ Local authority to train the surveyors adequately and appropriately.

❑ Self declaration centres to be notified.

❑ Sample checks of the work done by the enumerators to be done by overseers.

❑ No age limit for manual scavenger.

❑ No restriction of caste, religion or income or gender.

❑ Provisional list to be published in local newspapers by ULBs for inviting objections.

మానువాా ల్సా వాంజర్స్ కుప్పనరావాసాం

(a) Shall be given, within one month,—

✓ A photo identity card, containing, inter alia, details of all members of his family dependent on

him,

✓ Initial, one time, cash assistance of Rs.40,000 (one from each family. Beneficiary to withdraw

the amount in monthly instalments of maximum of Rs.7000.

(b) Children shall be entitled to scholarship scheme;

(c) Shall be allotted a residential plot and financial assistance for house construction, or a

ready-built house, with financial assistance, subject to eligibility and willingness of the

manual scavenger, and the provisions of the relevant scheme;

ప్పనరావాసాం

(d) he, or at least one adult member of his family, shall be given training in a livelihood

skill, and shall be paid a monthly stipend of not less than three thousand rupees, during

the period of such training;

(e) he, or at least one adult member of his family, shall be given subsidy and

concessional loan for taking up an alternative occupation on a sustainable basis;

(f) Any other legal and programmatic assistance.

Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS)

❑ Revised in 2013 in accordance with the Act.

✓ Provision of one time cash assistance of Rs. 40,000/

✓ Enhancement of the maximum project cost from the existing Rs. 5 lakh to Rs. 10 lakh, and Rs.

15 lakh in case of sanitation related projects.

✓ Enhancement of capital subsidy from the existing maximum Rs. 20,000 to maximum of Rs. 3.25

lakh, based on the project cost

✓Revision of the rate of monthly stipend during training from the existing Rs. 1,000 to Rs. 3,000

and the training period from 1 to 2 years.


❑ Every State Government shall, by notification, constitute a Vigilance Committee for each district and each

Sub-Division.

COMPOSITION OF DISTRICT LEVEL VIGILANCE COMMITTEE (G.O Ms.No.30 dated 18-2-2014 of SW Dept):

✓ District Magistrate—Chairperson, ex officio;

✓ All members of the State Legislature belonging to the Scheduled Castes elected from the district—members:

✓ Superintendent of Police— member, ex officio;

✓ District Panchayat Officer —member, ex officio;

✓ Municipal Commissioner of the district headquarters—member, ex officio;

✓ Commissioner of any other Municipal Corporation in the district— member, ex officio;

✓ Not more than four social workers belonging to organisation working for rehabilitation of manual scavengers, or, representing the scavenger community, resident in the district, to be nominated by the District Magistrate, two of whom shall be women;

✓ Lead District Manager (LDM);

✓ Deputy Director, Social Welfare - Member-Secretary, ex officio

✓ PD, DRDA; SE, RWS; SE, PR; DM Housing; President, ZSS – Members.

SUB DISTRICT VIGILANCE COMMITTEE

A. Sub –Divisional Magistrate/PO/ITDA within the ITDA area —Chairperson, ex officio;

B. Chairpersons of Mandal Parishads and MPDOs – Members

C. Two Chairpersons of two Gram Panchayats to be nominated by the SDM — Member, ex officio;

D. Sub Divisional Police Officer—member, ex officio;

E. Municipal Commissioner of Municipality of the Divisional head quarters – Member

F. One representative to be nominated by the Railway authority located in the division — member, ex officio;

G. DLPO – Member, ex officio

H. Representatives of the Rural Water Supply/Panchayat Raj – Member, ex officio

I. Two social workers belonging to organisation working for manual scavengers, or, representing the scavenger community,

resident in the Division, to be nominated by the SDM one of whom shall be women;

J. One person to represent the financial and credit institutions in the sub-division – Member, ex officio;

K. Assistant Social Welfare Officer —Member-Secretary, ex officio;

L. President, Mandal Mahila Samakhya at the head quarters – Member, ex officio

FUNCTIONS OF VIGILANCE COMMITTEES

❑ The functions of Vigilance Committee shall be—

A. to advise the District Magistrate or, as the case may be, the Sub-Divisional Magistrate, on the action

which needs to be taken, to ensure that the provisions of this Act or of any rule made thereunder are

properly implemented;

B. to oversee the economic and social rehabilitation of manual scavengers;

C. to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the

rehabilitation of manual scavengers;

D. to monitor the registration of offences under this Act and their investigation and prosecution.

DUTY OF ULBs/GOVT TO USE MODERN TECHNOLOGY FOR CLEANING OF SEWERS, SEPTIC TANKS, ETC.

❑ It shall be the duty of every local authority and other agency to use appropriate technological

appliances for cleaning of sewers, septic tanks and other spaces within their control with a

view to eliminating the need for the manual handling of excreta in the process of their cleaning.

❑ It shall be the duty of the appropriate Government to promote, through financial assistance,

incentives and otherwise, the use of modern technology, as mentioned above.

OBLIGATIONS OF EMPLOYER TOWARDS EMPLOYEES ENGAGED IN THE CLEANING OF SEWER OR SEPTIC TANK

No person shall be allowed to clean a sewer manually, with protective gear and safety devices

under these rules except :-

A. For the removal of concrete or FRP (Fibre Reinforced Plastic) or damaged manhole door where

mechanical equipments cannot be put into operation.

B. For inter-linking the newly laid sewer main with the existing sewer main, in case of sewer of size of

more than 300 mm diameter.

C. For removal of submersible pump sets fixed at the bottom of the suction wells.

D. For the reconstruction of the manhole or rectification of the sewer main.

E. Any circumstance, when it is absolutely necessary to have manual sewage cleaning, after the CEO of

the local authority has permitted to do so after recording in writing the specific valid reasons for

allowing such cleaning.

PROTECTIVE GEAR AND SAFETY DEVICES (44) TO BE GIVEN BY EMPLOWER

Any person engaged to clean a sewer or a septic tank shall be provided by his employer, protective gear and safety

devices including, but not limited to the following 44 items :-

(i) Air compressor for blower xi) Breathing Apparatus (xxi) Hand gloves

(ii) Air line breathing apparatus (xii) Caution board (xxii) Head Lamp

(iii) Air line respirator with manually operated air

blower(xiii) Chlorine mask (xxiii) Helmet

(iv) Air Purifier Gas mask/chin cortege (xiv) Emergency medical oxygen resuscitator Kit (xxiv) Helmet demolishing

(v) Artificial respiration/Reticulate (xv) First Aid Box (xxv) Lead acetate paper

(vi) Barrier caution tape (xvi) Face Mask (xxvi) Life guard pad

(vii) Barrier cream (xvii) Gas Monitor (4 gases) (xxvii) Modular Airlines Supply Trolley System

(viii) Barrier cone (xviii) Guide Pipe Set (xxviii) Normal face mask

(ix) Blower (xix) Full body wader suit (xxix) Nylon rope ladder 5 metres

(x) Breath mask (xx) Fishing wader suit attached with boots (xxx) Nylon safety belt

(xxxi) Pocket book (xxxix) Safety Gumboots

(xxxii) Port oxy (xl) Safety helmet

(xxxiii) Raincoat (xli) Safety showers

(xxxiv) Reflecting Jacket (xlii) Safety torch

(xxxv) Safety belt (xliii) Safety Tripod Set

(xxxvi) Safety body clothing (xliv) Search light

(xxxvii) Safety body harness

(xxxviii) Safety goggles

PROTECTIVE GEAR AND SAFETY DEVICES…

(i) Sewer Line Cleaning Bucketing Machine(viii) Truck Mounted Motor & Winch Operated Grab Bucket

Machine

(ii) Jetting Machine(ix) Fixed Structure Mounted Motor & Winch Operated Grab Bucket

Machine

(iii) Suction Machine (Gulley Emptier)(x) Rickshaw Mounted Winch & Motor Operated Desilting Machine

for Wet well

(iv) Combined Machine (Jetting cum Suction)(xi) Rickshaw Mounted Winch & Auxilliary Engine Operated

Desilting Machine for Manhole

(v) Deep Suction Combined Machine (Jetting cum Suction

Machine)

(xii) Escort Hydra Crane Mounted Hydraulic Winch Operated Grab

Bucket Desilting Machine

(vi) Manual Hand Operated Grab Bucket(xiii) Manual rods, shovels, spades, drainage cleaning machines

and steel scrapers with handles

(vii) Hydraulic Operated Trolley Mounted Grab Bucket (xiv) Hoses and washing instruments

CLEANING DEVICES SHALL BE GIVEN BY THE Local Authorities…

The local authority shall ensure that the following cleaning devices are used by persons engaged in cleaning

sewer or septic tank including but not limited to the following :

SAFETY PRECAUTIONS TO BE TAKEN BY EMPLOYER BEFORE, DURING AND AFTER THE CLEANING

The employer shall also ensure the following safety precautions BEFORE a person is engaged in the cleaning of a sewer

or a septic tank, namely :-

-There shall be a minimum of three employees present all the time, one of whom shall be a supervisor;

--The atmosphere within the confined space shall be tested for oxygen deficiency and toxic and combustible

gases including but not limited to poisonous gases like Hydrogen Sulphide, Carbon Monoxide, Methane, and

gasoline vapours, through detection tests as prescribed.

-Before starting the cleaning, the supervisor has inspected and determined if the sewer serves any industries

nearby to anticipate any hazardous atmosphere that may be encountered.

- The condition of metal-rung ladders and the side walls of the manhole shall be checked to see if there is any

danger of collapse.

- Traffic and pedestrian barricades are provided all the times.

- A flag man should be stationed at least 50 feet ahead of a site and should be visible to incoming traffic for at least 500 feet.

- Regular medical check-up of sewage workers which shall include the examination of respiratory organs, skin injuries, and other occupational diseases and injuries for their treatment to ensure that sewage workers afflicted with such diseases or injuries do not enter sewers for cleaning.

- Regular vaccination against respiratory and skin diseases and other occupational diseases to which these workers are prone due to exposure to harmful substances and gases in sewers.

-All employees who are present on-site during cleaning work are given training and adequately familiarisedwith the knowledge to operate all equipments involved in cleaning work, to avoid injuries or diseases associated with such work and to take necessary steps in case of emergency arising at the place of work and the training shall be conducted every two years and the employees shall be familiarised with any changes in method and technique with respect to the above.

-The supervisor possesses and keeps handy the names, addresses and telephone numbers of the nearest hospitals or clinics.

-Cleaning of a sewer or a septic tank shall be done :-

(i) only in day-light; and

(ii) for a duration not exceeding 90 minutes, at a stretch. There shall be a mandatory interval of 30 minutes between two stretches.

-Identify and close off or reroute any lines that might carry harmful substances to, or through, the work area.

-Ensure that written operating and rescue procedures are displayed at the entry site.

-If the entry is made through a top opening, use a housing device with a harness that suspends a person in an upright position and a mechanical device shall be available to retrieve personnel from vertical spaces more than five feet deep.

-At least one person trained in first aid and cardiopulmonary resuscitation should be immediately available during any confined space job.

-Oxygen content in the manhole must be at least 19.5% in the confined space of the manhole measures at all levels (bottom, middle and top) and no person enters the manhole if oxygen level is below 19.5% and more than 21%.

-Ventilate the sewer line by opening at least two or three manholes on both sides where work is to be carried out.

- Manhole shall be opened at least one hour before the start of operation.

-The opened manhole shall be properly fenced or barricaded to prevent any person, specially children, from accidentally falling into the sewer. Dummy cover with welded fabric or wire-net may be used.

-All workers use the safety gear and safety devices before entering the sewer line.

-The person entering the manhole or sewer line must be monitored using signal or camera or CCTV etc., throughout the operation period.

-Structural safety of manhole rungs or steps must be tested before entering the manhole.

-Portable aluminium ladder is available during the work period where necessary and the portable ladder is properly seated or fixed during use.

-No material or tools are located near the edge which can fall into the manhole and injure the workman.

-Equipments used during sewer cleaning are explosion and fire-proof.

-Smoking, open flames are prohibited inside the manhole as well as in the immediate vicinity of open manholes.

-In the event of a sudden or unpredictable atmospheric change, an emergency escape breathing apparatus with atleast a 10 minute air supply is worn.

SAFETY PRECAUTIONS DURING THE CLEANING…

The employer shall ensure the following safety precautions at the time when the person is engaged in the cleaning of a sewer or a

septic tank :-

(i) Portable fans and air blowers with batteries, in good working condition with a back up capacity of more than the estimated duration of

the entry of the person in the sewer, shall be carried into sewers for ventilation and a ventilation source shall be installed at the mouth of

the man hole.

(ii) Flashlights and communication devices such as two-way radios shall be carried into sewers.

(iii) Presence of the following rescue equipment at the site :-

(a) A tripod and harness system, or some other method ensuring manoeuvring of an injured worker to the surface.

(b) A basket stretcher, or similar device, shall be available for moving the injured worker to emergency transportation.

(c) First aid equipment as given in Annexure-I, and trained personnel shall be immediately available.

(iv) the employer shall ensure availability of ambulance and follow-up in close proximity.

(v) The employer shall ensure that the assigned person has life insurance policy of at least ten lakh rupees and the premium for which shall

be paid by the employer.

SAFETY PRECAUTIONS AFTER THE CLEANING…

The employer shall ensure the following post-cleaning safety precautions AFTER a person

engaged in the cleaning of a sewer or a septic tank comes out of the sewer or septic tank

after a session of cleaning :-

I. Provide facilities for removal of contaminated clothing and for wash-up as well as

cleaning, dry clothing.

II.Wash-up material shall include but not be limited to water, soaps, hand sanitizers and

adequate and medically authenticated skin cream for applying on the body for post

cleaning safety.

III.Any cuts/bruises on the skin or problems with a respiratory organ suffered on account

of cleaning of sewer shall be immediately cured.

SUPREME COURT JUDMENT ON A PIL IN 2014

- PIL filed by Safai Karamchari Andolan and Others in 2003

Judgment of the Supreme Court

◦ All Identified manual scavengers shall be rehabilitated as per provisions of 2013 Act.

◦ In case of Sewer deaths, identify the families of all persons who died in sewerage work (manholes, septic tanks) since 1993 and for each death, compensation of Rs.10 lakhs should be given to the family of the deceased.

◦ Railways shall take time bound strategy to end manual scavenging on tracks.

◦ Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law

◦ Provide support for dignified livelihood to safai karamchari women as per their choice of livelihood schemes.

THANK YOU ALL

2

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

ACT NO. 19 OF 1976

[9th February, 1976.]

An Act to provide for the abolition of bonded labour system with a view to preventing the

economic and physical exploitation of the weaker sections of the people and for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the Bonded Labour System

(Abolition) Act, 1976.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 25th day of October, 1975.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “advance” means an advance, whether in cash or in kind, or partly in cash or partly in kind,

made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to

as the debtor);

(b) “agreement” means an agreement (whether written or oral, or partly written and partly oral)

between a debtor and creditor, and includes an agreement providing for forced labour, the existence

of which is presumed under any social custom prevailing in the concerned locality.

Explanation.—The existence of an agreement between the debtor and creditor is ordinarily

presumed, under the social custom, in relation to the following forms of forced labour, namely:—

Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-Galu, Hali, Hari, Harwai,

Holya, Jana, Jeetha, Kamiya, Khundit-Mundit, Kuthia, Lakhari, Munjhi, Mat, Munish system,

Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri, Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti;

(c) “ascendant” or “descendant”, in relation to a person belonging to a matriarchal society, means

the person who corresponds to such expression in accordance with the law of succession in force in

such society;

(d) “bonded debt” means an advance obtained, or presumed to have been obtained, by a bonded

labourer under, or in pursuance of, the bonded labour system;

(e) “bonded labour” means any labour or service rendered under the bonded labour system;

(f) “bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred, a

bonded debt;

(g) “bonded labour system” means the system of forced, or partly forced, labour under which a

debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect

that,—

(i) in consideration of an advance obtained by him or by any of his lineal ascendants or

descendants (whether or not such advance is evidenced by any document) and in consideration of

the interest, if any, due on such advance, or

(ii) in pursuance of any customary or social obligation, or

(iii) in pursuance of an obligation devolving on him by succession, or

(iv) for any economic consideration received by him or by any of his lineal ascendants or

descendants, or

3

(v) by reason of his birth in any particular caste or community,

he would—

(1) render, by himself or through any member of his family, or any person dependent on him,

labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an

unspecified period, either without wages or for nominal wages, or

(2) forfeit the freedom of employment or other means of livelihood for a specified period or

for an unspecified period, or

(3) forfeit the right to move freely throughout the territory of India, or

(4) forfeit the right to appropriate or sell at market value any of his property or product of his

labour or the labour of a member of his family or any person dependent on him,

and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or

has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event

of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the

debtor.

1[Explanation.—For the removal of doubts, it is hereby declared that any system of forced, or partly

forced labour under which any workman being contract labour as defined in clause (b) of sub-section (1)

of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), or an inter-State

migrant workman as defined in clause (e) of sub-section (1) of section 2 of the Inter-State Migrant

Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), is required to

render labour or service in circumstances of the nature mentioned in sub-clause (1) of this clause or is

subjected to all or any of the disabilities referred to in sub-clauses (2) to (4), is “bonded labour system”

within the meaning of this clause;]

(h) “family”, in relation to a person, includes the ascendant and descendant of such person;

(i) “nominal wages”, in relation to any labour, means a wage which is less than,—

(a) the minimum wages fixed by the Government, in relation to the same or similar labour,

under any law for the time being in force, and

(b) where no such minimum wage has been fixed in relation to any form of labour, the wages

that are normally paid, for the same or similar labour, to the labourers working in the same

locality;

3. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any enactment other than this Act, or in any instrument

having effect by virtue of any enactment other than this Act.

CHAPTER II

ABOLITION OF BONDED LABOUR SYSTEM

4. Abolition of bonded labour system.—(1) On the commencement of this Act, the bonded labour

system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and

discharged from any obligation to render any bonded labour.

(2) After the commencement of this Act, no person shall—

(a) make any advance under, or in pursuance of, the bonded labour system, or

(b) compel any person to render any bonded labour or other form of forced labour.

1. Explanation added by Act 73 of 1985, s. 2 (w.e.f. 24-12-1985).

4

5. Agreement, custom, etc., to be void.—On the commencement of this Act, any custom or tradition

or any contract, agreement or other instrument (whether entered into or executed before or after the

commencement of this Act), by virtue of which any person, or any member of the family or dependant of

such person, is required to do any work or render any service as a bonded labourer, shall be void and

inoperative.

CHAPTER III

EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT

6. Liability to repay bonded debt to stand extinguished.—(1) On the commencement of this Act,

every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as

remains unsatisfied immediately before such commencement, shall be deemed to have been extinguished.

(2) After the commencement of this Act, no suit or other proceeding shall lie in any civil court or

before any other authority for the recovery of any bonded debt or any part thereof.

(3) Every decree or order for the recovery of bonded debt, passed before the commencement of this

Act and not fully satisfied before such commencement, shall be deemed, on such commencement, to have

been fully satisfied.

(4) Every attachment made before the commencement of this Act, for the recovery of any bonded

debt, shall, on such commencement, stand vacated; and, where, in pursuance of such attachment, any

movable property of the bonded labourer was seized and removed from his custody and kept in the

custody of any court or other authority pending sale thereof, such movable property shall be restored, as

soon as may be practicable after such commencement, to the possession of the bonded labourer.

(5) Where, before the commencement of this Act, possession of any property belonging to a bonded

labourer or a member of his family or other dependant was forcibly taken over by any creditor for the

recovery of any bonded debt, such property shall be restored, as soon as may be practicable after such

commencement, to the possession of the person from whom it was seized.

(6) If restoration of the possession of any property referred to in sub-section (4) or sub-section (5) is

not made within thirty days from the commencement of this Act, the aggrieved person may, within such

time as may be prescribed, apply to the prescribed authority for the restoration of the possession of such

property and the prescribed authority may, after giving the creditor a reasonable opportunity of being

heard, direct the creditor to restore to the applicant the possession of the concerned property within such

time as may be specified in the order.

(7) An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order

made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the

local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally

works for gain.

(8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold

before the commencement of this Act, in execution of a decree or order for the recovery of a bonded debt,

such sale shall not be affected by any provision of this Act:

Provided that the bonded labourer, or an agent authorised by him in this behalf, may, at any time

within five years from such commencement, apply to have the sale set aside on his depositing in court, for

payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which

the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such

proclamation of sale, have been received by the decree-holder.

(9) Where any suit or proceeding, for the enforcement of any obligation under the bonded labour

system, including a suit or proceeding for the recovery of any advance made to a bonded labourer, is

pending at the commencement of this Act, such suit or other proceeding shall, on such commencement,

stand dismissed.

(10) On the commencement of this Act, every bonded labourer who has been detained in civil prison,

whether before or after judgment, shall be released from detention forthwith.

5

7. Property of bonded labourer to be freed from mortgage, etc.—(1) All property vested in a

bonded labourer which was, immediately before the commencement of this Act under any mortgage,

charge, lien or other incumbrances in connection with any bonded debt shall, in so far as it is relatable to

the bonded debt, stand freed and discharged from such mortgage, charge, lien or other incumbrances, and

where any such property was, immediately before the commmencement of this Act, in the possession of

the mortgagee or the holder of the charge, lien or incumbrance, such property shall (except where it was

subject to any other charge), on such commencement, be restored to the possession of the bonded

labourer.

(2) If any delay is made in restoring any property, referred to in sub-section (1), to the possession of

the bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to

recover from the mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be

determined by the civil court of the lowest pecuniary jurisdiction within the local limits of whose

jurisdiction such property is situated.

8. Freed bonded labourer not to be evicted from homestead, etc.—(1) No person who has been

freed and discharged under this Act from any obligation to render any bonded labour, shall be evicted

from any homestead or other residential premises which he was occupying immediately before the

commencement of this Act as part of the consideration for the bonded labour.

(2) If, after the commencement of this Act, any such person is evicted by the creditor from any

homestead or other residential premises, referred to in sub-section (1), the Executive Magistrate in charge

of the Sub-Division within which such homestead or residential premises is situated shall, as early as

practicable, restore the bonded labourer to the possession of such homestead or other residential premises.

9. Creditor not to accept payment against extinguished debt.—(1) No creditor shall accept any

payment against any bonded debt which has been extinguished or deemed to have been extinguished or

fully satisfied by virtue of the provisions of this Act.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for

a term which may extend to three years and also with fine.

(3) The court, convicting any person under sub-section (2) may, in addition to the penalties which

may be imposed under that sub-section, direct the person to deposit, in court, the amount accepted in

contravention of the provisions of sub-section (1), within such period as may be specified in the order for

being refunded to the bonded labourer.

CHAPTER IV


10. Authorities who may be specified for implementing the provisions of this Act.—The State

Government may confer such powers and impose such duties on a District Magistrate as may be

necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may

specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any

of the duties, so conferred or imposed and the local limits within which such powers or duties shall be

carried out by the officer so specified.

11. Duty of District Magistrate and other officers to ensure credit.—The District Magistrate

authorised by the State Government under section 10 and the officer specified by the District Magistrate

under that section shall, as far as practicable, try to promote the welfare of the freed bonded labourer by

securing and protecting the economic interests of such bonded labourer so that he may not have any

occasion or reason to contract any further bonded debt.

12. Duty of District Magistrate and officers authorised by him.—It shall be the duty of every

District Magistrate and every officer specified by him under section 10 to inquire whether, after the

commencement of this Act, any bonded labour system or any other form of forced labour is being

enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a

result of such inquiry, any person is found to be enorcing the bonded labour system or any other system

of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of

such forced labour.

6

CHAPTER V


13. Vigilance Committees.—(1) Every State Government shall, by notification in the Official

Gazette, constitute such number of Vigilance Committees in each district and each Sub-Division as it may

think fit.

(2) Each Vigilance Committee, constituted for a district, shall consist of the following members,

namely:—

(a) the District Magistrate, or a person nominated by him, who shall be the Chairman;

(b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the

district, to be nominated by the District Magistrate;

(c) two social workers, resident in the district, to be nominated by the District Magistrate;

(d) not more than three persons to represent the official or non-official agencies in the district

connected with rural development, to be nominated by the State Government;

(e) one person to represent the financial and credit institutions in the district, to be nominated by

the District Magistrate.

(3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the following

members, namely:—

(a) the Sub-Divisional Magistrate, or a person nominated by him, who shall be the Chairman;

(b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the

Sub-Division, to be nominated by the Sub-Divisional Magistrate;

(c) two social workers, resident in the Sub-Division, to be nominated by the Sub-Divisional

Magistrate;

(d) not more than three persons to represent the official or non-official agencies in the

Sub-Division connected with rural development to be nominated by the District Magistrate;

(e) one person to represent the financial and credit institutions in the Sub-Division, to be

nominated by the Sub-Divisional Magistrate;

(f) one officer specified under section 10 and functioning in the Sub-Division.

(4) Each Vigilance Committee shall regulate its own procedure and secretarial assistance, as may be

necessary, shall be provided by—

(a) the District Magistrate, in the case of a Vigilance Committee constituted for the district;

(b) the Sub-Divisional Magistrate, in the case of a Vigilance Committee constituted for the

Sub-Division.

(5) No proceeding of a Vigilance Committee shall be invalid merely by reason of any defect in the

constitution, or in the proceedings, of the Vigilance Committee.

14. Functions of Vigilance Committees.—(1) The functions of each Vigilance Committee shall

be,—

(a) to advise the District Magistrate or any officer authorised by him as to the efforts made, and

action taken, to ensure that the provisions of this Act or of any rule made thereunder are properly

implemented;

(b) to provide for the economic and social rehabilitation of the freed bonded labourers;

(c) to co-ordinate the functions of rural banks and co-operative societies with a view to canalising

adequate credit to the freed bonded labourer;

(d) to keep an eye on the number of offences of which cognizance has been taken under this Act;

7

(e) to make a survey as to whether there is any offence of which cognizance ought to be taken under

this Act;

(f) to defend any suit instituted against a freed bonded labourer or a member of his family or any

other person dependant on him for the recovery of the whole or part of any bonded debt or any other debt

which is claimed by such person to be bonded debt.

(2) A Vigilance Committee may authorise one of its members to defend a suit against a freed bonded

labourer and the member so authorised shall be deemed, for the purpose of such suit, to be the authorised

agent of the freed bonded labourer.

15. Burden of proof.—Whenever any debt is claimed by a bonded labourer, or a Vigilance

Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the

creditor.

CHAPTER VI

OFFENCES AND PROCEDURE FOR TRIAL

16. Punishment for enforcement of bonded labour.—Whoever, after the commencement of this

Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term

which may extend to three years and also with fine which may extend to two thousand rupees.

17. Punishment for advancement of bonded debt.—Whoever advances, after the commencement

of this Act, any bonded debt shall be punishable with imprisonment for a term which may extend to three

years and also with fine which may extend to two thousand rupees.

18. Punishment for extracting bonded labour under the bonded labour system.—Whoever

enforces, after the commencement of this Act, any custom, tradition, contract, agreement or other

instrument, by virtue of which any person or any member of the family of such person or any dependant

of such person is required to render any service under the bonded labour system, shall be punishable with

imprisonment for a term which may extend to three years and also with fine which may extend to two

thousand rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the

rate of rupees five for each day for which the bonded labour was extracted from him.

19. Punishment for omission or failure to restore possession of property to bonded

labourers.—Whoever, being required by this Act to restore any property to the possession of any bonded

labourer, omits or fails to do so, within a period of thirty days from the commencement of this Act, shall

be punishable with imprisonment for a term which may extend to one year, or with fine which may

extend to one thousand rupees, or with both; and, out of the fine, if recovered, payment shall be made to

the bonded labourer at the rate of rupees five for each day during which possession of the property was

not restored to him.

20. Abetment to be an offence.—Whoever abets any offence punishable under this Act shall,

whether or not the offence abetted is committed, be punishable with the same punishment as is provided

for the offence which has been abetted.

Explanation,—For the purpose of this Act, “abetment” has the meaning assigned to it in the Indian

Penal Code (45 of 1860).

21. Offences to be tried by Executive Magistrates.—(1) The State Government may confer, on

an Executive Magistrate, the powers of a Judicial Magistrate of the first class or of the second class

for the trial of offences under this Act; and, on such conferment of powers, the Executive Magistate,

on whom the powers are so conferred, shall be deemed, for the purposes of the Code of Criminal

Procedure, 1973 (2 of 1974), to be a Judicial Magistrate of the first class, or of the second class, as the

case may be.

(2) An offence under this Act may be tried summarily by a Magistrate.

22. Cognizance of offences.—Every offence under this Act shall be cognizable and bailable.

8

23. Offences by companies.—(1) Where an offence under this Act has been committed by a

company, every person who, at the time the offence was committed, was in charge of, and was

responsible to, the company for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been

committed by a company and it is proved that the offence has been committed with the consent or

connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other

officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of

that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of individuals;

and

(b) “director” , in relation to a firm, means a partner in the firm.

CHAPTER VII

MISCELLANEOUS

24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall

lie against any State Government or any officer of the State Government or any member of the Vigilance

Committee for anything which is in good faith done or intended to be done under this Act.

25. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any

matter to which any provision of this Act applies and no injunction shall be granted by any civil court in

respect of anything which is done or intended to be done by or under this Act.

26. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,

make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any

of the following matters, namely:—

(a) the authority to which application for the restoration of possession of property referred to in

sub-section (4), or sub-section (5), of section 6 is to be submitted in pursuance of sub-section (6) of

that section;

(b) the time within which application for restoration of possession of property is to be made,

under sub-section (6) of section 6, to the prescribed authority;

(c) steps to be taken by Vigilance Committees under clause (a) of sub-section (1) of section 14, to

ensure the implementation of the provisions of this Act or of any rule made thereunder;

(d) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it

is made, before each House of Parliament while it is in session, for a total period of thirty days which may

be comprised in one session or in two or more successive sessions, and if, before the expiry of the session

immediately following the session or successive sessions aforesaid, both Houses agree in making any

modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter

have effect only in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously done under

that rule.

27. Repeal and saving.—(1) The Bonded Labour System (Abolition) Ordinance, 1975 (17 of 1975)

is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance (including

any notification published, direction or nomination made, power conferred, duty imposed or officer

specified) shall be deemed to have been done or taken under the corresponding provisions of this Act.






శిక్షణకార్ా ధ్కమము

వెటి్టచాకిరినిర్మూ లనచట్ ిాం 1976

2278

వెటి్టచాకిరీనిర్మూ లనచ్ిాం 1976

భూసా్వ ములు వా్య పారులు అమాయకులైన కొంత మొందికి వ్యరి

అవసరాలకు కొంత ధనాన్ని అప్ప గా యిచ్చి దాన్నకి బదులుగా వ్యరి

కుటొంబములోన్నఅొందరులేదాకొందరులేదాఒకరిన్నసదరుభూసా్వ మితనవదద

సదరు అప్పప తీరే వరకు తన యిష్టమొచి్చ న ప్న్నకి విన్నయోగొంచుకొంటాడు. ఈ

విదముగా ప్న్నలోకుదిరినవ్యరికి ఏవిదమైనహకుు లు -సౌకరాా లు - వేతనములు

వొండవ.

2278

వెటి్టచాకిరీనిర్మూ లనచ్ిాం 1976- ధ్రధానాంశాలు

అమాయక ప్ప్జల అసహాయత పై ఏరప డిన ఈ న్నరొంకుశ విదానాని్న రూప్ప

మాపివెట్టటచాకిరీకి గురి అవతుని పేదలను రక్షొంచుటకుభారత ప్ప్భుతా ము 1976లోఈ

చటటమునుచేసొంది.ఈచటటముఎఅమలులోన్నకివచ్చి నతేది 09-02-1976నాట్టనుొండి

(i) బొండెడ్‌లేబర్‌/ న్నరబ ొంద కారిి క విదానము / వెట్టట చాకిరీ రదుద చేయబడిొంది మరియు

బొండెడ్‌లేబరరస ్‌గా ప్న్నచేస్తుని వ్యరొందరూ సదరు భొందముల నుొండి విడుదల

అయినట్లే మరియు వ్యరు వ్యరి పాత యజమాన్నకి ఎవిదముగాను బదుదలుగా

వొండనవసరములేదు.

(ii) (ii) బొండెడ్‌ ప్న్నకోరకు ఎవరుకుడా ముొందుగా సొముి ను ఇవా రాదు న్నరబ ొందముగా

ఎవరిన్నప్న్నలోపెటటకోనరాదు.మరియు

(iii) (iii) యజమానులు ప్న్నవ్యరితో ప్వ్యయిొంచుకని బొండేు / అొంగీకారప్ప్తములు అన్ని

రదుద చేయబడినాయి.

What is Bonded Labour System?


What is Bonded Labour System?• Known under various names as Jeetham, Vetti, etc

• Bonded Labour System (Abolition) Act, 1976 abolished bonded labour system.

• “Bonded labour system" means -the system of forced, or partly forced, labour- under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that –


Common reasons behind bonded labor system……

• in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or

• in pursuance of any customary or social obligation, or

• in pursuance of an obligation devolving on him by succession, or

• for any economic consideration received by him or by any of his lineal ascendants or descendants, or

• by reason of his birth in any particular caste or community,

వెటి్టచాకిరివ్ా వ్సథకుకార్ణాలు

Visible features of bonded labour…• The bonded labourer renders, by himself or through any member of

his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

• forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

• forfeit the right to move freely throughout the territory of India, or

• forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him,


Punishment for enforcement of bonded labour

•Whoever compels any person to render any bonded labour shall be punishable with imprisonment for a term, which may extend to three years and also with fine, which may extend to two thousand rupees.

వెటి్టచాకిరీనిర్మూ లనచ్ిాం – శిక్షలు

Offences to be tried by Executive Magistrates

(1) Powers are given to Executive Magistrates, the powers of a Judicial Magistrate of the first class or of the second class for the trial of offences under this Act;

(2) An offence under this Act may be tried summarily by a Magistrate.

వెటి్టచాకిరీనిర్మూ లనచ్ిాం –విచార్ణవిధానాం

RehabilitationFinancial assistance is provided for rehabilitation of a rescued bonded labourer at the rate of

- Rs. 1 lakh for adult male beneficiary

- Rs. 2 lakh for special category beneficiaries such as children including orphans or those rescued from organized & forced begging rings or other forms of forced child labour, and women

- Rs. 3 lakh in cases of bonded or forced labour involving extreme cases of deprivation or marginalization such as trans-genders, or women or children rescued from ostensible sexual exploitation such as brothels, massage parlours, placement agencies etc., or trafficking, or in cases of differently abled persons.

వెటి్టచాకిరీనిర్మూ లనచ్ిాం –పునరావాసాం

Immediate Assistance

• Immediate assistance upto Rs. 20,000/- may be provided to the rescued bonded labour by the District Administration irrespective of the status of conviction proceedings.

• Balance amount is linked to conviction of accused.

వెటి్టచాకిరీనిర్మూ లనచ్ిాం –త్క్షణసహాయాం

వెటి్టచాకిరీనిర్మూ లనచ్ిాం –మనమేమిచేయాలి

Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes Act, 2003

(Act No. 9 of 2003)

Last Updated 26th October, 2019 [ap312]

LEGISLATIVE HISTORY 6

[Dated 03.06.2003]

An act to provide for the establishment of Andhra Pradesh State Commission for Scheduled Castes and

Scheduled Tribes to safeguard the interests of the Scheduled Castes and Scheduled Tribes in the State

and for matters connected therewith and incidental thereto:

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-fourth Year of the

Republic of India as follows: -

CHAPTER I

Preliminary

1. Short title and commencement. - (1) This Act may be called the Andhra Pradesh State Commission for

Scheduled Castes and Scheduled Tribes Act, 2003.

Object & Reasons6

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may, by notification, in the Andhra

Pradesh Gazette, appoint.

2. Definitions. - In this Act, unless the Context otherwise requires: -

(a) "Chairman" means the Chairman of the Andhra Pradesh State Commission for Scheduled Castes and

Scheduled Tribes appointed under Section 5;

(b) "Commission" means the Andhra Pradesh State Commission for Scheduled Castes and Scheduled

Tribes constituted under Section 3;

(c) "Civil Rights" means any right accruing to a person by reason of the abolition of untouchability by

Article 17 of the Constitution;

(d) "Disabilities" means those as provided in Article 15 (2) of the Constitution;

(e) "Government" means the Government of Andhra Pradesh;

(f) "Notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified'

shall be construed accordingly:

(g) "Prescribed" means prescribed by rules made by the Government under this Act;

(h) "Schedule Castes and Scheduled Tribes" shall have the meanings assigned to them respectively under

clause (24) and clause (25) of Art. 266 of the Constitution.

CHAPTER II

Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes

3. Constitution of the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes. -

(1) The Government may, by notification, constitute a body to be known as the Andhra Pradesh State

Commission for Scheduled Castes and Scheduled Tribes to exercise the powers conferred on, and to

perform functions assigned to it under the Act.

(2) The Commission shall be a body corporate having perpetual succession and a common seal, with

power, subject to the provisions of this Act and rules made thereunder, to acquire, hold and dispose of

property and to enter into contracts and shall in the said name sue and be sued.

(3) The Head quarters of the Commission shall be at Hyderabad and the Government may, by

notification, specify such other place to be the Headquarters of the Commission as may be necessary

from time to time.

4. Meetings of the Commission. - (1) The Commission shall hold ordinary meetings at such places and at

such intervals as may be prescribed and meetings may be convened by the Chairman at any time for the

transaction of any urgent business;

(2) Number of Members necessary to constitute a quorum of meeting and the procedure to be followed

therein shall be such as may be prescribed.

5. Composition of the Commission. - (1) The Commission shall consist of the following members: -

(a) a Chairman shall be an eminent person belonging to Scheduled Caste or Scheduled Tribe to be

appointed by the Government: and

(b) not more than five members to be appointed by the Government from amongst persons of ability,

integrity and having outstanding record of selfless service to the cause of justice for the Scheduled

Castes and Scheduled Tribes belonging to Scheduled Castes and Scheduled Tribes out of which one

woman member shall be appointed by the Government.

(2) The Secretary shall convene the meetings of the Commission from time to time.

6. Term of Office and conditions of service of Chairman and Members. - [(1) The Chairman or the

Members shall, unless otherwise disqualified for continuing as such under the rules, hold office for a

term of three years from the date he assumes office or until he attains the age of sixty five years,

whichever is earlier and shall be eligible for re-appointment for a second term only.]

(2) The Chairman or a Member may by writing under his hand addressed to the Government resign from

the office, but he shall continue in office till his resignation is accepted by the Government or his

successor is appointed.

[(3) The successors so appointed under sub-section (2) shall hold office for the remainder of the term of

his predecessor or until he attains the age of sixty five A) years, whichever is earlier.]

(4) The Government may remove a person from the office of Member, if that person,-

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government

involves moral turpitude;

(c) becomes of unsound mind and stands so declared by a competent court;

(d) refuses to act of becomes incapable of acting;

(e) without obtaining leave of absence from the Commission, absents himself from three consecutive

meetings of the Commission;

(f) has in the opinion of the Government, so abused the position of the Member as to render that

person's continuance in office detrimental to the interest of Scheduled Castes and Scheduled Tribes in

the State or the public interest:

Provided that no person shall be removed under this clause until that person has been given an

opportunity of being heard in the matter.

7. Appointment of Officers and other employees of the Commission. - (1) The Government may

appoint the Secretary who shall be an officer of the Government not below the rank of Joint Secretary

to Government and such other officers and employees as may be necessary for the efficient

performance of the functions of the Commission.

(2) The salaries and allowances payable to and other terms and conditions of service of the Secretary,

Officers and other employees appointed for the purpose of the Commission shall be such as may be

prescribed.

(3) The Secretary shall be the Chief Executive Officer of the Commission and shall exercise such powers

and perform such functions as may be prescribed.

8. Salaries and allowances to be paid out of grants. - The salaries and allowances payable to the

Chairman and members should be commensurate to the status and dignity of the office and the

administrative expenses including salaries, allowances and pensions, payable to the officers and other

employees referred to in Section 7 shall be paid out of the grants referred to in sub-section (1) of

Section 15.

9. Vacancies etc., not invalidate proceedings of the Commission. - No act or proceedings of the

Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the

constitution of the Commission.

10. Procedure to be regulated by the Commission. - (1) The Commission shall meet as and when

necessary at such time and place as the Chairman may think fit.

(2) The Commission shall regulate its own procedure.

(3) all orders and decisions of the Commission shall be authenticated by the signature of the Secretary

or any other officer of the Commission authorised by the Secretary in this behalf.

CHAPTER III

Powers and Functions of the Commission

11. Powers of the Commission. - (1) The Commission shall, while performing its functions under Section

12, have the powers of a Civil Court trying a suit and in particular, in respect of the following matters

namely:-

(i) summoning and enforcing the attendance of any person from any part of the State and examining

him on oath;

(ii) requiring the discovery and production of any document;

(iii) receiving evidence on affidavits;

(iv) requisitioning any public record or copy thereof from any Court or office:

(v) issuing Commissions for the examination of witnesses or documents; and

(vi) any other matter which may be prescribed.

(2) Any proceeding before the commission shall be deemed to be a judicial proceeding within the

meaning of Sections 192 and 228 of the Indian Penal Code and the Commission shall be deemed to be a

Court for the purpose of Section 195 of the Code of Criminal Procedure, 1973.

(3) The Commission shall have the power to requisition such information, document and such assistance

as may be required from any department of the Government for the effective implementation of the

provisions of this Act.

12. Functions of the Commission. - The Commission shall perform the following functions, namely:-

(a) enquire, suo motu or on a petition presented to it by a victim or by any person of his behalf, into

complaint of, -

(i) violation of any rights provided in the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) and

the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of

1989) and rules thereon or abetment thereof;

(ii) negligence in the Prevention of such violation, by a public servant;

(iii) enquire and recommend to the concerned disciplinary authority to initiate disciplinary action in

cases where the Commission is of the view that any public servant has been grossly negligent or grossly

indifferent in regard to the discharge of his duties in relation to the protection of the interests of

Scheduled Castes and Scheduled Tribes.

(b) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes

and Scheduled Tribes under the Constitution or under any other law for the time being in force Or under

any order of the Government and to evaluate the working of such safeguards;

(c) to evaluate the working of various safeguards and civil rights accruing to a person as stipulated in the

Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 for the protection of Scheduled Castes and Scheduled Tribes and in laws and

regulations and any other orders passed by the Union and State Governments, to investigate and

monitor all matters relating to safeguards provided for the Scheduled Castes and Scheduled Tribes

under the Constitution or under any other law;

(d) to make recommendations with a view to ensure effective implementation and enforcement of all

safeguards under Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 and other laws and the rules,

(e) to undertake a review of the implementation of the policies pursued by the Union and the State

Governments with respect to the Scheduled Castes and Scheduled Tribes;

(f) to look into specific complaints regarding deprivation of rights and safeguards in the interest of the

Scheduled Castes and Scheduled Tribes;

(g) to enquire into any unfair practise take decision thereon and recommend to the Government the

action to be taken in that matter;

(h) to spread literacy among various sections of society regarding the Protection of Civil Rights Act, 1955

and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and to promote

awareness of the safeguards available for the protection of these rights through publications the media,

seminars and other available means;

(i) to conduct studies, research and analysis on the question of avoidance of discrimination against

Scheduled Castes and Scheduled Tribes;

(j) to suggest appropriate legal and welfare measures in respect of Scheduled Castes and Scheduled

Tribes to be undertaken by the Government;

(k) to enquire into any unfair practise; -

(i) on receiving a written complaint from any Scheduled Caste or Scheduled Tribe women alleging that

she has been subjected to any unfair practice or on a similar complaint from her mother or father or

sister or brother or from any organization;

(ii) to cause investigations or inquires to be made by the Commissioner ol Social Welfare on issues of

importance concerning Scheduled Castes and Scheduled Tribes particularly SC/ST women and issues

concerning unfair practice and to report thereon to the Government on the corrective measures to be

taken;

(l) the monitoring of the working of laws in force concerning Scheduled Castes and Scheduled Tribes

women with a view to identifying the areas where the enforcement of laws is not adequately effective

or has not been streamlined and recommending executive or legislative measures to be taken;

(m) to invite one or more prominent persons to participate in the meetings of the Commission to advise

on such matters as may be necessary;

(n) to encourage the efforts of nongovernmental organisations and institutions working in the field of

human rights and for the upliftment and betterment of Scheduled Castes and Scheduled Tribes;

(o) to make periodical reports at prescribed intervals to the Government;

(p) to exercise such other powers and perform such other functions as may be conferred or enjoined

upon it by this Act or the rules made thereunder; and

(q) The recommendations of National Commission for Scheduled Castes and Scheduled Tribes will

prevail in case of conflicting recommendations on the same issue by the Andhra Pradesh State

Commission for Scheduled Castes and Scheduled Tribes and the National Commission for Scheduled

Castes and Scheduled Tribes.

13. Annual Report. - The Commission shall prepare once in every year, in such form at such time as may

be prescribed an Annual Report giving a true and full account of its activities during the previous years

and copies thereof shall be forwarded to the Government and the Government shall cause the same to

be laid before the Legislative Assembly of the State along with a Memorandum explaining the action

taken or proposed to be taken on its recommendations and the reasons for the non-acceptance, if any,

of such recommendations.

CHAPTER IV

Finance, Accounts and Audit

14. Accounts and Audit. - (1) The Commission shall maintain proper accounts and other relevant records

and prepare an annual statement of account in such form and in such manner as may be prescribed;

(2) The accounts of the Commission shall be audited by such authority at such times and in such manner

as may be prescribed.

15. Grants by the Government. - (1) The Government shall, after due appropriation made by the Andhra

Pradesh Legislative Assembly by law in this behalf, pay to the Commission by way of grants such sums of

money as the Government may thinks fit for being utilized for the purposes of this act.

(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act and

such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)

thereof.

CHAPTER V

Miscellaneous

16. Constitution of Cells. - The Government may on the recommendations of the Commission establish

a Library, an Information Cell, Research Cell or such other Cells as may be necessary from time to time.

17. Chairman and Members and other employees to be public servants. - The Chairman/Members and

employees of the Commission shall be deemed to be public servants within the meaning of Section 21 of

the Indian Penal Code, 1860.

18. Power to make Rules. - (1) The Government may, by notification, make rules for carrying out all or

any of the purpose of this Acts.

(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative

Assembly of the State, if it is in session and if it is not in session, in the session immediately following for

a total period of fourteen days which may be comprised in one session or in two successive sessions,

and if, before the expiration of the session in which it is so laid or the session immediately following the

Legislative Assembly agrees in making any modifications in the rule or in the annulment of the rule, the

rule shall from the date on which the modification or annulment is notified have effect only in such

modified form or stand annulled as the case may be, so, however that any such modification or

annulement shall be without prejudice to the validity of anything previously done under that rule.

Bare Acts Live

Copyright © 2016 Chawla Publications (P) Ltd. - Home | About Us | Contact Us

http://www.chawlapublications.com/

http://www.bareactslive.com/AP/index.html

http://www.chawlapublications.com/

http://www.chawlapublications.com/index.php?route=information/contact

1

THE ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBESACT, 2020

ACT No.30 of 2020ARRANGEMENT OF SECTIONS

SECTIONSCHAPTER-I

PRELIMINARY

1. Short title and commencement

2. Definitions

CHAPTER-IIANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES

3. Constitution of the Andhra Pradesh State Commission forScheduled Tribes

4. Meeting of the Commission

5. Composition of the Commission

6. Term of Office and conditions of service of Chairman andMembers

7. Appointment of Officers and other employees of the Commission

8. Salaries and allowances to be paid out of grants

9. Vacancies etc. not to invalidate proceedings of the Commission

10. Proceedings to be regulated by the Commission

CHAPTER-IIIPOWERS AND FUNCTIONS OF THE COMMISSION

11. Powers of the Commission

12. Functions of the Commission

13. Annual Report

CHAPTER-IVFINANCE, ACCOUNTS AND AUDIT

14. Accounts and Audit

15. Grants by the Government

CHAPTER-VMISCELLANEOUS

16. Constitution of Cells

17. Chairman and members and other employees to be publicservants

18. Power to make rules

2

THE ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBESACT, 2020

ACT No.30 of 2020

(27thOctober, 2020)

AN ACT TO CONSTITUTE THE ANDHRA PRADESH STATE COMMISSIONFOR SCHEDULED TRIBES TO SAFEGUARD THE INTERESTS OF THESCHEDULED TRIBES IN THE STATE AND FOR MATTERSCONNECTED THEREWITH AND INCIDENTAL THERETO.

Be it enacted by the Legislature of the State of Andhra Pradesh in theSeventy-First year of the Republic of India as follows:

CHAPTER-IPRELIMINARY

1. Short title and commencement – (1) This Act may be called the AndhraPradesh State Commission for Scheduled Tribes Act, 2019.


(3) It shall come into force on such date as the State Government may, bynotification, in the Andhra Pradesh Gazette, appoint.

2. Definitions – In this Act unless the context otherwise requires,

(a) “Chairman” means the Chairman of the Andhra Pradesh StateCommission for Scheduled Tribes appointed under section 5;

(b) “Commission” means the Andhra Pradesh State Commission forScheduled Tribes constituted under section 3;

(c) “Civil Rights” means any right accruing to a person by reasonof the abolition of untouchability by Article 17 of the Constitutionof India;

(d) “Disabilities” means those as provided in article 15 (2) of theConstitution of India;

(e) “Government” means the State Government of Andhra Pradesh;

(f) “Notification” means a notification published in the AndhraPradesh Gazette and the word ‘notified’ shall be construedaccordingly;

(g) “Prescribed” means prescribed by rules made by theGovernment under this Act;

(h) “Scheduled Tribes” shall have the meanings assigned to themunder clause (25) of Article 366 of the Constitution;

(i) “Scheduled Areas” means such areas as the president may byorder declare to be Scheduled Areas under Para 6(1) of the FifthSchedule to the Constitution of India;

(j) The words and expressions used by not defined in this Act shallhave the same meaning assigned to them in the concernedActs/Regulations/Rules or any other such Legislation time being.

3

CHAPTER-IIANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES

3. Constitution of the Andhra Pradesh State Commission for ScheduledTribes – (1) The Government may, by notification, constitute a permanent bodyto be known as the Andhra Pradesh State Commission for Scheduled Tribes toexercise the powers conferred on, and to perform functions assigned to it underthe Act.

(2) The Commission shall be a body corporate having perpetualsuccession and a common seal, with power, subject to the provisions of thisAct and rules made thereunder, to acquire, hold and dispose of property and toenter into contracts and shall in the said name sue and be sued.

(3) The Head quarters of the Commission shall be at Vijayawada/Amaravati and the Government may, by notification, specifysuch other place tobe the Headquarters of the Commission as may be necessary from time to time.

4.Meeting of the Commission - (1) The Commission shall hold ordinarymeetings at such places and at such intervals asmay be prescribed andmeetings may be convened by the Chairman at any time for the transaction ofany urgent business.

(2)Number of Members necessary to constitute a quorum of meeting andthe procedure to be followed therein shall be such as may be prescribed.

5.Composition of the Commission - (1) The Commission shall consist of thefollowing members:-

(a)a Chairman shall be an eminent person belonging to ScheduledTribes preferably from Scheduled Areas to be appointed by theGovernment; and

(b)not more than five members to be appointed by the Governmentfrom amongst persons of ability, integrity and having outstandingrecord of selfless service to the cause of justice for the ScheduledTribes belonging to Scheduled Tribes with at least one memberfrom the primitive Tribal Group one member from the tribes fromthe plain area and three members from the Scheduled area, andout of which two women members shall be appointed by theGovernment.

(2) The Secretary shall convene the meetings of the Commission fromtime to time.

6.Term of Office and conditions of service of Chairman and Members - (1)The Chairman or the Members shall, unless otherwisedisqualified forcontinuing as such under the rules, hold office for a term of three years fromthe date he/she assumes office or until he/she attains age of sixty five yearswhichever is earlier and shall be eligible for re-appointment for a second termonly.

(2) The Chairman or a Member may by writing under his/her handaddressed to the Government resign from the office, but he/she shall continuein office till his/her resignation is accepted by the Government or his/hersuccessor is appointed.

(3) The successors so appointed under sub-section (2) shall hold office forthe remainder of the term of his/her predecessor or until he/she attains theage of sixty five years, whichever is earlier.

4

(4) The Government may remove a person from the office of Member, ifthat person,-

(a) becomes an un-discharged insolvent;

(b)is convicted and sentenced to imprisonment for an offence whichin the opinion of the Government involves moral turpitude;

(c)becomes of unsound mind and stands so declared by acompetent court;

(d)refuses to act or becomes incapable of acting;

(e)without obtaining leave of absence from the Commission,absents himself/herself from three consecutive meetings of theCommission;

(f) has in the opinion of the Government, so abused the position ofthe Member as to render that person’s continuance in officedetrimental to the interest of Scheduled Tribes in the State or thepublic interest;

Provided that no person shall be removed under this clauseuntil that person has been given an opportunity of being heard inthe matter.

7. Appointment Officers and other employees of the Commission – (1) TheGovernment may appoint the Secretary to the Commission who shall be anofficer of the Government not below the rank of Joint Secretary to Governmentand such other officers and employees as may be necessary for the efficientperformance of the functions of the Commission.

(2) The salaries and allowances payable to and other terms andconditions of servece of the Secretary, Officers and other employees appointedfor the purpose of the Commission shall be such as may be prescribed.

(3) The Secretary shall be the Chief Executive Officer of the Commissionand shall exercise such powers and perform such functions as may beprescribed.

8. Salaries and allowances to be paid out of grants - The salaries andallowances payable to the Chairman and members should be commensurate tothe status and dignity of the office and the administrative expenses includingsalaries, allowances and pensions, payable to the officers and other employeesreferred to in section 7 shall be paid out of the grants referred to in sub-section(1) of section 15.

9. Vacancies etc., not to invalidate proceedings of the Commission - Noact or proceedings of the Commission shall be invalid on the ground merely ofthe existence of any vacancy or defect in the constitution of the Commission.

10. Proceedings to be regulated by the Commission - (1) The Commissionshall meet as and when necessary at such time and place asthe Chairman maythink fit.

(2) The Commission shall regulate its own procedure.

(3)All orders and decisions of the Commission shall be authenticated bythe signature of the Secretary or any other officer of the Commissionauthorised by the Secretary in his behalf.

5

CHAPTER-IIIPOWERS AND FUNCTIONS OF THE COMMISSION

11. Powers of the Commission - (1) The Commission shall, while performingits functions under section 12,have the powers of a Civil Court trying a suitand in particular, in respect of the following matters, namely: -

(i) summoning and enforcing the attendance of any personfrom any partof the State and examining him on oath;

(ii) requiring the discovery and production of any document;

(iii) receiving evidence on affidavits.

(iv) requisitioning any public record or copy thereof from anyCourt oroffice;

(v) issuing Commissions for the examination of witnesses ordocuments;and

(vi) any other matter which may be prescribed.

(2) Any proceeding before the Commission shall be deemed to be ajudicial proceeding within the meaning of sections 192 and 228 of the IndianPenal Code (IPC)(Central Act 45 of 1860) and the Commission shall be deemedto be a Court for the purpose of section 195 of the Code of Criminal Procedure,1973(Central Act 2 of 1974).

(3) The Commission shall have the power to requisition such information,document and such assistance as may be required from any department of theGovernment for the effective implementation of the provisions of this Act.

12. Functions of the Commission - The Commission shall perform thefollowing functions, namely: -

(a) inquire, suomotu or on a petition presented to it by a victim orby any person on his behalf, into complaint of;

(i)violation of any rights provided in the Protection of CivilRights Act, 1955(Central Act 22 of 1955)and the ScheduledCastes and the Scheduled Tribes (Prevention of Atrocities)Act, 1989 (Central Act 33 of 1989) and rules there under orabetment thereof;

(ii) negligence in the Prevention of such violation, by a publicservant;

(iii) inquire and recommend to the concerned disciplinaryauthority to initiate disciplinary action in cases where theCommission is of the view that any public servant has beengrossly negligent or grossly indifferent in regard to thedischarge of his duties in relation to the protection of theinterests of Scheduled Tribes;

(b) to investigate and monitor all matters relating to the safeguardsprovided for the Scheduled Tribes under the Constitution or underany other law for the time being in force or under any order of theGovernment and to evaluate the working of such safeguards;

(c)to evaluate the working of various safeguards and civil rightsaccruing to a person as stipulated in the Protection of Civil RightsAct, 1955 and the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 for their protection and in lawsand regulations and any other orders passed by the Union andState Governments, to investigate and monitor all matters relatingto safeguards provided for the Scheduled Tribes under theConstitution or under any other law;

6

(d)to make recommendations with a view to ensure effectiveimplementation and enforcement of all safeguards underProtection of Civil Rights Act, 1955 and the Scheduled Castes andthe Scheduled Tribes (Prevention of Atrocities) Act, 1989 and otherlaws and the rules;

(e)to undertake a review of the implementation of the policiespursued by the Union and the State Governments with respect tothe Scheduled Tribes;

(f)to look into specific complaints regarding deprivation of rightsand safeguards in the interest of the Scheduled Tribes;

(g)to enquire into any unfair practices, take decision thereon andrecommend to the Government the action to be taken in thatmatter;

(h)to spread literacy among various sections of society regardingthe protection of Civil Rights Act, 1955 and the Scheduled Castesand the Scheduled Tribes (Prevention and Atrocities) Act, 1989 andto promote awareness of the safeguards available for the protectionof these rights through publications the Media, Seminars andother available means;

(i)toconduct studies, research and analysis on the question ofavoidance of discrimination against Scheduled Tribes;

(j)to suggest appropriate legal and welfare measures in respect ofScheduled Tribes to be undertaken by the Government;

(k)to inquire into any unfair practice,-

(i)on receiving a written complaint from any ScheduledTribe women alleging that she has been subjected toany unfair practice or on a similar complaint from hermother or father or sister or brother or from anyorganization;

(ii)to cause investigations or inquires to be made bythe Commissioner of Tribal Welfare on issues ofimportance concerning Scheduled Tribes particularlyST women and issues concerning unfair practice andto report thereon to the Government on the correctivemeasures to be taken;

(l)the monitoring of the working of laws in force concerningScheduled Tribes women with a view to identifying the areas wherethe enforcement of laws is not adequately effective or has not beenstreamlined and recommending executive or legislative measuresto be taken;

(m)to invite one or more prominent persons to participate in themeetings of the Commission to advise on such matters as may benecessary;

(n) to encourage the efforts of non-governmental organizations andinstitutions working in the field of human rights and for theupliftment and betterment of Scheduled Tribes;

(o)to make periodical reports at prescribed intervals to theGovernment;

(p)to make in such reports recommendations as to the measuresthat should be taken by the Union or any State forthe effectiveimplementation of those safeguards and other measures for theprotection, welfare and socio economic development of ScheduledTribes; and

7

(q)to discharge such other functions in relation to the protection,welfare and development and advancement of the Scheduled Tribessubject to the provisions of any law;

(i)Measures to be taken prevent alienation of tribal peoplefrom the land and to effectively rehabilitate such people inwhose case alienation has already been taken place;

(ii)Measures to be taken to safeguard rights of the tribalcommunities over mineral resources, water resources etc., aslaid down by law.

(iii)Measures that need to be taken over conferring ownershiprightsin respect of minor forest produce to Scheduled Tribesliving in forest areas.

(iv)Measures to be taken for the development of the tribal toplug loopholes and to work more viable livelihood strategies.

(v)Measure to be taken to improve the efficiency of relief andrehabilitation measures for tribal groups displaced bydevelopment projects.

(r)to exercise such other powers and perform such other functionsas may be conferred or enjoined upon it by this Act or the rulesmade thereunder.

13.Annual Report - The Commission shall prepare once in every year, in suchform at such time as may beprescribed an Annual Report giving a true and fullaccount of its activities during theprevious years and copies thereof shall beforwarded to the Government and the Government shall cause the same to belaid before the Legislature of the State along with a Memorandum explainingthe action taken or proposed to be taken on its recommendations and thereasons for the non acceptance; if any, of such recommendations.

CHAPTER-IVFINANCE, ACCOUNTS AND AUDIT

14. Accounts and Audit – (1) The Commission shall maintain proper accountsand other relevant records and prepare an annual statement of accounts insuch form and in such manner, as may be prescribed.

(2) The accounts of the Commission shall be audited by such authority atsuch times and in such manner as may be prescribed.

15. Grants by the Government – (1) The Government shall, after dueappropriation made by the Andhra Pradesh State Legislature by law in thisbehalf, pay to the Commission by way of grants such sums of money as theGovernment may think fit for being utilized for the purposes of this Act.

(2) The Commission may spend such sums as it thinks fit for performingthe functions under this Act and such sums shall be treated as expenditurepayable out of the grants referred to in sub-section (1).

CHAPTER-VMISCELLANEOUS

16. Constitution of Cells – The Government may on the recommendations ofthe Commission establish a Library, an Information Cell, Research Cell or suchother Cells as may be necessary from time to time.

17. Chairman and members and other employees to be public servants -The Chairman/Members and employees of the Commission shall be deemed tobe public servants within the meaning of section 21 of the Indian Penal Code,1860.

8

18. Power to make rules – (1) The Government may, by notification, makerules for carrying out all or any of the purpose of this Act.

(2) Every rule made under this Act shall immediately after it is made, belaid before the Legislature of the State, if it is in session and if it is not insession, in the session immediately following for a total period of fourteen dayswhich may be comprised in one session or in two successive sessions, and if,before the expiration of the session in which it is so laid or the sessionimmediately following, the Legislature agrees in making any modifications inthe rule or in the annulment of the rule, the rule shall from the date on whichthe modification or annulment is notified have effect only in such modified formor shall stand annulled as the case may be, so, however that any suchmodification or annulment shall be without prejudice to the validity of anythingpreviously done under that rule.

1

THE ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSESOTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES

IN THE STATE OF ANDHRA PRADESH ACT, 2019.

(ACT No. 19 OF 2019)

ARRANGEMENT OF SECTIONS

CHAPTER- IPRELIMINARY

Sections

1. Short title, extent and commencement2. Definitions

CHAPTER - IIANDHRA PRADESH STATE COMMISSION FOR BACKWARD CLASSES

3. Constitution of Andhra Pradesh State Commission for BackwardClasses

4. Tenure of the Commission5. Terms and Conditions6. Officers and other employees of the Commission7. Salaries and Allowances8. Invalidation of proceedings9. Regulation of procedure

CHAPTER- IIIFUNCTIONS AND POWERS OF THE COMMISSION

10. Functions of the Commission11. Powers of the Commission12. Periodic revision of list

CHAPTER - IVFINANCE, ACCOUNTS AND AUDIT

13. Grants by Government14. Accounts and Audit15. Annual Report16. Annual Report and Audit Report to be laid before the Legislature

of the StateCHAPTER - V

MISCELLANEOUS17. Public Servants18. Power to make rules19. Power to remove difficulties20. Repeal and Savings

2

THE ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSESOTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES

IN THE STATE OF ANDHRA PRADESH ACT, 2019

(ACT No. 19 OF 2019)

[16th August, 2019]

AN ACT TO CONSTITUTE ANDHRA PRADESH STATE COMMISSION FORBACKWARD CLASSES OTHER THAN SCHEDULED CASTES ANDSCHEDULED TRIBES IN THE STATE OF ANDHRA PRADESH AND TOPROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTALTHERETO.

Be it enacted by the Legislature of the State of Andhra Pradesh in theSeventieth Year of the Republic of India, as follows:-

CHAPTER – IPRELIMINARY

1. Short title, extent and Commencement - (1) This Act may be called theAndhra Pradesh Commission for Backward Classes other than ScheduledCastes and Scheduled Tribes in the State of Andhra Pradesh Act, 2019.


(3) It shall come into force on such date as the State Government may, bynotification in the Andhra Pradesh Gazette, appoint.

2. Definitions - In this Act, unless the context otherwise requires,-

(a) “Backward Classes” for the purpose of this Act, means suchBackward Classes of citizens of Andhra Pradesh other than theScheduled Castes and the Scheduled Tribes as may be specifiedby the State Government in the lists;

(b) “Commission” means the Andhra Pradesh State Commission forBackward Classes constituted under Section 3;

(c) “Government” means the State Government of Andhra Pradesh;

(d) “Lists” means lists prepared by the Government from time to timefor the purposes of making provision for reservation foradmissions into educational institutions and for appointments toposts/services, in favour of the Backward Classes of citizenswhich, in the opinion of the Government, are not adequatelyrepresented under the Government and in any local authority orother authority in the State;

(e) “Member” means a member of the Commission and includes theChairperson;

(f) “Notification” means a notification published in the AndhraPradesh Gazette and the word ‘notified’ shall be construedaccordingly;

(g) “Prescribed” means prescribed by rules made under this Act.

3

CHAPTER – IIANDHRA PRADESH STATE COMMISSION

FOR BACKWARD CLASSES

3. Constitution of Andhra Pradesh State Commission for BackwardClasses - (1) The Government shall constitute a permanent body to be knownas the Andhra Pradesh State Commission for Backward Classes to exercise thepowers conferred on and to perform the functions assigned to it under this Act.

(2) The Commission shall consist of the following Members nominated bythe Government,-

(a) A Chairperson who is or has been a Judge of High Court;

(b) A Social Scientist;

(c) Two persons who have special knowledge in matters relating toBackward Classes; and

(d) A Member-Secretary who shall be an Officer of the Government inthe rank of Secretary to Government.

4. Tenure of the Commission – (1) The Commission Constituted under thisAct Shall be a permanent body. The Chairperson and members so appointedshall hold such office for a term of three years from the date of assumption ofoffice.

(2) The Government shall take steps three months prior to the expiry ofthe tenure of the chairperson and members and in the event of theappointments not being made before expiry of such tenure, the existingcomposition of the commission would continue to hold the office until suchtime the appointments are made, to ensure that the Commission functionspermanently and continuously, as a Body.

5. Terms and Conditions - (1) The Government shall nominate Chairpersonand Members for a term of three (3) years.

(2) The Chairperson and Members of the Commission shall be accordeda suitable status by a specific order of the Government.

(3) The salaries and allowances payable to and the other terms andconditions of service of the Chairperson and Members shall be such as may beprescribed.

(4) The Chairperson and Members shall not publish or communicate tothe Press/Electronic Media on any policy matter which Government is expectedto act upon and shall not release any proceedings of the Commission.

(5) A Member may, by writing under his/her hand addressed to theGovernment, resign from the Office of Chairperson or Member, as the case maybe, at any time;

(6) The Government may remove a person from the Office of Chairpersonand Member, if that person;-

a) becomes an un-discharged insolvent;

b) is convicted and sentenced to imprisonment for an offence whichin the opinion of the Government involves moral turpitude;

c) becomes of unsound mind and stands so declared by a competentcourt;

d) refuses to act or becomes incapable of acting;

4

e) without obtaining leave of absence from the Commission, absentshimself/herself from three consecutive meetings of theCommission;

f) has, in the opinion of the Government, so abused the position ofChairperson or Member as to render that person’s continuance inoffice is detrimental to the interests of the Backward Classes orthe public interest:

Provided that no person shall be removed under this clauseuntil that person has been given an opportunity of being heard inthe matter.

(7) Any vacancy that arises due to the reasons mentioned in sub-section(5) and (6) above or the other, shall be filled by the Government immediately.

6. Officers and Other employees of the Commission - (1) The Governmentshall provide the Commission with such officers and employees as may benecessary for the efficient performance of the functions of the Commission.

(2) The salaries and allowances payable to and the other terms andconditions of service of the Officers and other employees appointed for thepurpose of the Commission shall be such as may be prescribed from time totime.

7. Salaries and Allowances - The salaries and allowances payable to theChairperson and Members and the administrative expenses, including salaries,allowances and pensions payable to the officers and other employees referredto in Section 6 shall be paid out of the grants referred to in sub-section (1) ofsection 13.

8. Invalidation of proceedings - No act or proceeding of the Commission shallbe invalid on the ground merely of the existence of any vacancy or defect in theconstitution of the Commission.

9. Regulation of Procedure - (1) The Commission shall function on regularbasis.

(2) The Commission may regulate its own procedure by framingregulations governing its proceedings including quorum.

(3) All orders and decisions of the Commission shall be authenticated bythe Member Secretary or any other officer of the Commission duly authorizedby the Member Secretary in this behalf.

(4) The Commission may hold Public Hearings at different locations asthe Commission deems fit.

CHAPTER – IIIFUNCTIONS AND POWERS OF THE COMMISSION

10. Functions of the Commission:

(1) The Commission shall examine requests for inclusion of any class ofcitizens as a Backward Class in the lists and hear complaints of over-inclusion or under-inclusion of any Backward Class in such list andtender such advice to the Government as it deems appropriate;

(2) The Commission shall examine and make recommendations on anyother matter relating to the Backward Classes that may be referred to itby the Government from time to time;

5

(3) The Commission shall enquire into specific complaints with respect to thenon-observance of the rule of reservation in the admissions intoeducational institutions and also reservation of appointments toposts/services under the Government and other local authority or otherauthority in the State, as applicable to the listed Backward Classes andfurnish its report to the Government.;

(4) To make periodic survey about socio, economic and educationalconditions of Backward Classes and also to cause and conduct researchstudies;

(5) To make necessary recommendations periodically to formulate policiesand schemes for the upliftment of Backward Classes;

(6) To submit report and make recommendations in matters referred by theState Government, where the decisions need to be taken by theGovernment of India;

(7) To evaluate the levels of development and progress among BackwardClasses through the policy of reservation and welfare programs of theGovernment;

(8) It shall be the duty of the Commission:

a) To make in such reports, the recommendations, as to themeasures that should be taken by the State for the effectiveimplementation of those safeguards and other measures for theprotection, welfare and socio-economic development of the sociallyand educationally Backward Classes; and

b) To discharge such other functions in relation to the protection,welfare and development and advancement of the socially andeducationally Backward Classes as the Government may specify,subject to the provisions of any law made by the Legislature.

(9) The Commission shall enquire into specific complaints with respect tothe issue of Caste Certificates as applicable to the listed BackwardClasses and furnish its report to the Government;

(10) The Commission from time to time shall undertake, a study analysis todistinguish the communities among Backward Classes as MostBackward Classes based on social, educational and economicbackwardness after framing such parameters relevant for the purpose;

(11) To make necessary recommendations in all the matters relating tosafeguards provided to the Most Backward Classes.;

(12) To investigate into various kinds of atrocities, social boycott against theBackward Classes, referred to, by the Government.

11. Powers of the Commission - (1) The Commission shall, while performingits functions under Section 10 have all the powers of a Civil Court trying a suitand in particular in respect of the following matters namely:

a) Summoning and enforcing the attendance of any person from anypart of State and examining him/her on oath;

b) The Commission shall have the powers to requisition suchinformation, document and such assistance as may be requiredfrom any Department of the Government, State Public Service

6

Undertakings and autonomous bodies for the effectiveimplementation of the provision of the Act;

c) Receiving evidence on affidavits;

d) Requisitioning any public record or copy thereof from any Courtor Office;

e) Issuing Commissions for the examination of witnesses anddocuments;

f) Any other matter which may be prescribed from time to time.

(2) The Commission may engage any technical / subject experts as maybe required in the interest of welfare of Backward Classes and for preparationof special recommendations and pay such remuneration as may be fixed withprior approval of the Government.

12. Periodic revision of list - (1) The Government may at any time and shall,at the expiration of ten years from the coming into force of this Act and everysucceeding period of ten years thereafter, undertake revision of the lists with aview to excluding from such lists those classes who have ceased to beBackward Classes or for including in such lists new Backward Classes.

(2) The Government shall while undertaking any revision referred to insub-section (1) consult the Commission.

CHAPTER – IVFINANCE, ACCOUNTS AND AUDIT

13. Grants by Government - (1) The Government shall, after dueappropriation made by the Legislature of the State by law in this behalf, pay tothe Commission by way of Grants such sums of money as the Government maythink fit for being utilized for the purpose of this Act. The Assistant Secretary,Office of the Commission shall act as the Drawing and Disbursing Officer tomeet the expenditure of the Commission from out of the Grants provided byGovernment.

(2) The Commission may spend such sums as it thinks fit for performingthe functions under this Act and such sums shall be treated as expenditurepayable out of the Grants referred to in sub-section (1).

14. Accounts and Audit - (1) The Commission shall maintain proper accountsand other relevant records and prepare an annual statement of accounts insuch form as may be prescribed from time to time by the Government inconsultation with the Accountant General, Andhra Pradesh.

(2) The accounts of the Commission shall be audited by the AccountantGeneral, Andhra Pradesh at such intervals as may be specified by him and anyexpenditure incurred in connection with such audit shall be payable by theCommission to the Accountant General, Andhra Pradesh.

(3) The Accountant General, Andhra Pradesh and any person appointedby him in connection with the audit of the accounts of the Commission underthis Act, shall have the same rights and privileges and the authority inconnection with such audit as the Accountant General, Andhra Pradeshgenerally has in connection with the audit of Government Accounts and inparticular shall have the right to demand and production of books, accounts,connected vouchers and other documents and papers, and to inspect any ofthe offices of the Commission.

7

15. Annual Report - The Commission shall prepare in such form and at suchtime for each financial year as may be prescribed from time to time its annualreport giving a full account of its activities during the previous financial yearand forward a copy thereof to the Government.

16. Annual Report and Audit Report to be laid before the Legislature ofthe State - The Government shall cause the annual report together with amemorandum of action taken on the advice tendered by the Commission underSection 10 and the reasons for the non-acceptance, if any, of any such adviceand the audit report to be laid as soon as may be after they are received beforethe Legislative Assembly.

CHAPTER – VMISCELLANEOUS

17. Public Servants - The Chairperson, Members and Employees of theCommission shall be deemed to be public servants within the meaning ofSection 21 of the Indian Penal Code (Central Act No.45 of 1860).

18. Power to make rules - (1) The Government may, by notification in theOfficial Gazette, make rules for carrying out all or any of the provisions of thisAct.

(2) In particular and without prejudice to the generality of the foregoingpowers such rules may, provide for all or any of the following matters, namely:

a) Salaries and allowances payable to and the other terms andconditions of service of the Chairperson and Members under sub-section (3) of Section 5 and of officers and other employees undersub-section (2) of Section 6;

b) The form in which the annual statement of accounts shall bemaintained under sub-section (1) of Section 14;

c) The form and the time of which the annual report shall beprepared under Section 15;

d) Any other matter which is required to be prescribed from time totime.

(3) Every rule made under this Act shall, immediately after it is made, belaid before the Legislature of the State, if it is in session and if it is not insession, in the session immediately following for a total period of fourteen dayswhich may be comprised in one session or in two successive sessions and if,before the expiration of the session in which it is so laid or the sessionimmediately following the Legislature of the State agrees in making anymodification in the rule or in the annulment of the rule, the rule shall, from thedate on which the modification or annulment is notified, have effect only insuch modified form or shall stand annulled as the case may be so, however,that any such modification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

19. Power to remove difficulties - (1) If any difficulty arises in giving effect tothe provisions of this Act, the Government may by order publish in the OfficialGazette and make provisions not inconsistent with the provisions of the Act asappear to them to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after itis made, be laid before the Legislature of the State.

8

20. Repeal and Savings - (1) The Andhra Pradesh Commission for BackwardClasses Act, 1993 (Act No.20 of 1993) is hereby repealed.

(2) The provisions of sections 8 and 18 of the Andhra Pradesh GeneralClauses Act, 1891 (Act No 1 of 1891) shall apply with regard to the effect ofrepeal.

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Andhra Pradesh Scheduled Castes Sub-Plan and Tribal Sub-Plan (Planning, Allocation and Utilization of Financial Resources) Act, 2013.

Act 1 of 2013

Keyword(s): Gaps in Development, General Schemes, Nodal Agency, State Council

A. 565-1[1]

ACT No. 1 OF 2013.

AN ACT ANDHRA PRADESH SCHEDULED CASTESSUB-PLAN AND TRIBAL SUB-PLAN(PLANNING, ALLOCATION AND UTILISATIONOF FINANCIAL RESOURCES) ACT, 2013.

ARRANGEMENT OF CLAUSESCHAPTER-I

PRELIMINARY1. Short title, extent, commencement, duration and

savings.2. Definitions.

The Following Act of the Andhra Pradesh Legislaturereceived the assent of the Governor on the 24th January,2013 and the said assent is hereby first published on the24th January, 2013 in the Andhra Pradesh Gazette forgeneral information.

Registered No. HSE/49 [Price : Rs. 1-50 Paise.

THE ANDHRA PRADESH GAZETTEPART IV-B EXTRAORDINARYPUBLISHED BY AUTHORITY

ANDHRA PRADESH ACTS, ORDINANCES ANDREGULATIONS Etc.

No. 1] HYDERABAD, THURSDAY, JANUARY 24, 2013.

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

CHAPTER-IIPLANNING, RESOURCE ALLOCATION FOR

SCHEDULED CASTES SUB-PLAN AND TRIBALSUB-PLAN FUNDS AND SCHEMES

3. Earmarking of Scheduled Castes Sub-Plan/TribalSub-Plan Fund from Plan outlays.

4. Communication of Plan outlay earmarked asScheduled Castes Sub-Plan/Tribal Sub-Plan Fund to thedepartments.

5. Schemes to be included under the ScheduledCastes Sub-Plans and Tribal Sub-Plans.

6. Promotion of equity among Scheduled Castes andScheduled Tribes.

7. Obligation to cover Scheduled Castes/ScheduledTribes in general schemes.

8. Formulation of Scheduled Castes Sub-Plan/TribalSub-Plan schemes and preparation of Sub-Plans by thedepartments.

9. Submission of Sub-Plans proposed to be includedin the Annual Plan for appraisal.

CHAPTER-IIIAPPRAISAL, ALLOCATION OF SCHEDULED

CASTES SUB-PLAN /TRIBAL SUB-PLAN FUND ANDAPPROVAL OF THE SUB-PLANS

10. Appraisal of the Scheduled Castes Sub-Plan andTribal Sub-Plan Schemes by the Nodal Agencies.

11. Allocation of Scheduled Castes Sub-Plan Fundand Tribal Sub-Plan Fund for financing the ScheduledCastes Sub-Plan/Tribal Sub-Plan schemes included in theSub-Plans.

January 24, 2013] ANDHRA PRADESH GAZETTE EXTRAORDINARY 3

12. Recommendation by the Nodal Agencies andNodal Departments.

CHAPTER-IVBUDGET PROVISIONING, DISTRIBUTION

AND STRENGTHENING OF IMPLEMENTATIONMACHINERY

13. Budget allocations.

14. Scheduled Castes Sub-Plan and Tribal Sub-Planwing in Finance Department.

15. Budget Release Orders.

CHAPTER-VINSTITUTIONAL ARRANGEMENTS16. State Council for Development of Scheduled

Castes/Scheduled Tribes.

17. Functions of the State Council.

18. Nodal Agency and Nodal Department.

19. Functions of the Nodal Agency and NodalDepartment.

20. Administrative and technical support to NodalDepartment for Scheduled Castes Sub-Plan/Tribal Sub-Plan.

21. Department level Sub- Plan Support Unit.

22. Implementation of Scheduled Castes Sub-Plan/Tribal Sub-Plan schemes in the districts.

23. Institutional strengthening for effectiveimplementation and monitoring.


CHAPTER-VI

TRANSPARENCY AND ACCOUNTABILITY INTHE IMPLEMENTATION OF SCHEDULED CASTESSUB-PLAN/TRIBAL SUB-PLAN

24. Transparency and accountability.

25. Incentives and penalties.

26. Annual Report to be placed before StateLegislature.

27. Power to make Rules.

28. Power to remove difficulties.

ANDHRA PRADESH SCHEDULED CASTES SUB-PLAN AND TRIBAL SUB-PLAN (PLANNING,ALLOCATION AND UTILISATION OF FINANCIALRESOURCES) ACT, 2013.

An Act to ensure, accelerated development ofScheduled Castes and Scheduled Tribes with emphasison achieving equality in the next ten years focusing oneconomic, educational and human development along withensuring the security and social dignity and promoting equityamong Scheduled Castes and the Scheduled Tribes, byearmarking a portion, in proportion to population ofScheduled Castes and Scheduled Tribes in the State, ofthe total plan outlay of the State of Andhra Pradesh as theoutlay of the Scheduled Castes Sub-Plan/Tribal Sub-Planof the State and ensuring effective institutional mechanismsfor the implementation and for matters connected therewithor incidental thereto.

Be it enacted by the Legislature of the State of AndhraPradesh in the Sixty-third year of the Republic of India asfollows:


CHAPTER-I1. (1) This Act may be called the Andhra Pradesh

Scheduled Castes Sub-Plan and Tribal Sub-Plan (Planning,Allocation and Utilization of Financial Resources) Act, 2013.

(2) It extends to the whole of the State of AndhraPradesh.

(3) It shall come into force on such date as the StateGovernment may, by notification in the Andhra PradeshGazette, appoint, and different dates may be appointed fordifferent provisions of this Act.

(4) It shall cease to have effect after the expiry of tenyears from the date of commencement, except in respectof things done or omitted to be done before such cesserand upon such cesser the Andhra Pradesh General ClausesAct, 1891, shall apply as if this Act had been repealed by aState Act.

2. In this Act, unless the context otherwise requires,-

(a) “The Department” means any GovernmentDepartment concerned with implementation of the planschemes for the welfare of Scheduled Castes andScheduled Tribes;

(b) “Gaps in development” means differences indevelopment indicators of Scheduled Castes/ScheduledTribes when compared to the state averages, as may beprescribed particularly relating to human and economicdevelopment;

(c) “General Schemes” means schemes includedin the Annual Plans of the Departments which benefit allsocial groups including Scheduled Castes and ScheduledTribes;

(d) “Government” means, the State Governmentof Andhra Pradesh;

Defini-tions.

Prelimi-naryShorttitle,extent,com-mence-ment,durationandsavings.


(e) “Nodal Agency for SCSP” means thecommittee headed by Minister of Social Welfare;

(f) “Nodal Agency for TSP” means the committeeheaded by the Minister of Tribal Welfare;

(g) “Nodal Department” means Social WelfareDepartment for Scheduled Castes Sub-Plan and TribalWelfare Department for Tribal Sub-Plan;

(h) “Notification” means notification published inthe Andhra Pradesh Gazette and the word ‘Notified’ shallbe construed accordingly;

(i) “Prescribed” means prescribed by theGovernment by rules made under the Act;

(j) “State Council” means State Council forDevelopment of Scheduled Castes and Scheduled Tribesconstituted under the Act;

(k) “Scheduled Castes and Scheduled Tribes”shall have the meanings assigned respectively underclauses (24) and (25) of article 366 of the Constitution ofIndia;

(l) “Scheduled Castes Sub-Plan (SCSP)” meansthe Plan approved by the State Council for inclusion in theAnnual Plan of the Department to bridge the gap indevelopment of Scheduled Castes and shall include theSC component of general schemes;

(m) “Tribal Sub-Plan (TSP)” means the Planapproved by the State Council for inclusion in the AnnualPlan of the Department, to bridge the gap in developmentof Scheduled Tribes and shall include the ST componentof general schemes;

(n) “Scheduled Castes Sub-Plan/Tribal Sub-PlanFund” means a portion of the total plan outlays of the State,in a financial year, as earmarked under the section 3;

(o) “Schedule Castes Sub-Plan/Tribal Sub-PlanSchemes” means the Scheduled Castes Sub-Plan/Tribal


Sub-Plan schemes included in the Scheduled Castes Sub-Plan/Tribal Sub-Plan of the Departments;

(p) “Scheduled Caste/Scheduled Tribehabitation” means any habitation where population ofScheduled Castes or Scheduled Tribes or combinedpopulation of Scheduled Castes and Scheduled Tribes isnot less than 40% of the total population of the habitation;

(q) “Sub-Plans” means Scheduled Castes Sub-Plan(SCSP) or Tribal Sub-Plan (TSP) or both;

(r) “Scheduled Areas” means areas notified underPart C of Fifth Schedule to Constitution of India;

(s) “Report regarding administration ofScheduled Areas” means the Report by the Governor tothe President of India regarding administration of ScheduledAreas as mentioned in paragraph 3 of Part A of Fifth Scheduleto Constitution of India.

(t) “A.P. Tribes Advisory Council” means the TribesAdvisory Council as mentioned in paragraph 4 of Part B ofFifth Schedule to Constitution of India.”

CHAPTER-IIPLANNING, RESOURCE ALLOCATION FOR

SCHEDULED CASTES SUB-PLAN AND TRIBAL SUB-PLAN FUNDS AND SCHEMES

3. The State shall, in every financial year, earmark insuch manner as may be prescribed, a portion of the totalPlan outlays of the State which shall be proportionate to theScheduled Castes/Scheduled Tribe population of the State,to be called as Scheduled Castes Sub-Plan and Tribal Sub-Plan Fund:

Provided that, the Fund to be earmarked is determinedat least 6 months prior to commencement of the nextfinancial year:

Earmar-king ofSchedu-ledCastesSub-Plan/TribalSub-PlanFundfromPlanoutlays.


Provided further that, the Scheduled Castes Sub-Planand Tribal Sub-Plan Fund outlay shall be revised accordingto State Annual Plan final outlay and:

Provided also that the expenditure of the SCSP/TSPFund shall be accounted for in the manner hereafterspecified in this Act.

4. The department as may be authorized by theGovernment shall, every financial year, communicate, inthe manner prescribed, to the other departments, a tentativeplan outlay out of Scheduled Castes Sub-Plan / Tribal Sub-Plan Fund as earmarked under Section 3 for preparationof respective department wise Scheduled Castes Sub-Plan/Tribal Sub-Plan.

5. The Sub-Plans of the departments shall includeonly such schemes that secure direct and quantifiablebenefits to the Scheduled Caste / Scheduled Tribeindividuals or Scheduled Caste/Scheduled Tribehouseholds or Scheduled Caste/Scheduled Tribehabitations or Tribal areas and that have the potential tobridge the gaps in development following the norms laiddown in this Act and the rules made thereunder:

Provided that the schemes should be consistent withthe Annual and Five Year Plans and priorities of the State ofAndhra Pradesh as may be communicated by the Planningdepartment.

Commu-nicationof Planoutlayear-markedasSched-uledCastesSub-Plan/TribalSub-PlanFund tothedepart-ments.

Schemesto beincludedunder theSched-uledCastesSub-plansandTribalSub-Plans.


6. The departments shall prepare Scheduled CastesSub-Plan/Tribal Sub-Plan to promote equity in thedevelopment among various social groups withinScheduled Castes / Scheduled Tribes and focuseddevelopment of backward Scheduled Caste/ScheduledTribe habitations. In case of Tribal Sub Plan, Special attentionshall be paid to Scheduled Tribes residing in the ScheduledAreas.

7. The departments shall ensure coverage ofScheduled Castes/Scheduled Tribes in the ongoing generalschemes consistent with their eligibility for the same.

8. On receipt of communication under section 4, eachdepartment, shall, after estimating the gaps in thedevelopment of Scheduled Castes/Scheduled Tribes,prioritize the development needs of Scheduled Castes/Scheduled Tribes through a consultative process, as maybe prescribed, and shall formulate the Scheduled CastesSub-Plan/Tribal Sub-Plan schemes and prepare the Sub-Plans comprising of the Scheduled Castes Sub-Plan/TribalSub-Plan schemes, with in the State Plan priorities ascommunciated under section 5.

Promo-tion ofequityamongSched-uledCastesandSched-uledTribes.

A. 565-2

Obliga-tion tocoverSched-uledCastes/Sched-uledTribes ingeneralschemes.

Formu-lation ofSched-uledCastesSub-Plan/TribalSub-Planschemesandprepara-tion ofSub-Plans bythedepart-ments.


9. Each Department, excluding the departmentsseparately notified under this Act, shall submit, each year,to the respective Nodal Departments, the Sub-Planscomprising of Scheduled Castes Sub-Plan/ Tribal Sub-PlanSchemes proposed to be included in the Annual Plans, forappraisal by the Nodal Agency concerned, within the timeframe and in the format, as may be prescribed.

CHAPTER-IIIAPPRAISAL, ALLOCATION OF SCHEDULED

CASTES SUB-PLAN /TRIBAL SUB-PLAN FUND ANDAPPROVAL OF THE SUB-PLANS

10. The Nodal Agency for Scheduled Castes Sub-Plan/Tribal Sub-Plan, shall take up appraisal of theScheduled Castes Sub-Plan schemes and Tribal Sub-Planschemes respectively submitted by departments, to ensureconformity with the conditions and norms laid down in theAct.

11. The respective Nodal Agency, while indicatingallocation of Scheduled Castes Sub-Plan Fund and TribalSub-Plan Fund to the Scheduled Castes Sub-Plan/TribalSub-Plan schemes shall follow the following norms namely;-

Submis-sion ofSub-Plansproposedto beincludedin theAnnualPlan forap-praisal.

Apprai-sal oftheSched-uledCastesSub-planandTribalSub-PlanSchemesby theNodalAgen-cies.

Alloca-tion ofSched-uledCastes


(a) for schemes exclusively benefitting ScheduledCaste/Scheduled Tribe individuals or Scheduled Caste/Scheduled Tribe households, 100% of scheme cost shallbe allocated and accounted for under Scheduled CastesSub-Plan/Tribal Sub-Plan fund;

(b) for schemes benefitting Scheduled Caste /Scheduled Tribe habitations, 100% of scheme cost shallbe allocated and accounted for under Scheduled CastesSub-Plan/Tribal Sub-Plan fund. In case of other habitationsthe cost shall be allocated and accounted for underScheduled Castes Sub-Plan/Tribal Sub-Plan in proportionof the population of the Scheduled Castes or ScheduledTribes;

(c) for general schemes, included in the Sub-Plans,benefitting Scheduled Caste/Scheduled Tribe individuals orScheduled Caste/Scheduled Tribe households, along withothers, the scheme cost shall be allocated and accountedfor under Scheduled Castes Sub-Plan/Tribal Sub-Plan, inproportion to the Scheduled Caste/Scheduled Tribebeneficiaries covered;

(d) in respect of non-divisible infrastructure worksa portion of the scheme cost as may be determined by theGovernment shall be deemed to have been attributed forScheduled Castes Sub-Plan and Tribal Sub-Planrespectively.

12. The schemes that fulfill the norms laid down in theAct shall be recommended by Nodal Agency for SocialWelfare and Nodal Agency for Tribal Welfare for inclusionin the Annual Plan proposals of the departments andaggregated for placing before the State Council forDevelopment of Scheduled Castes and Scheduled Tribes,for consideration and approval as pre-budget process.

Sub-PlanFund andTribalSub-PlanFund forfinancingtheSched-uledCastesSub-Plan/TribalSub-Planschemesincludedin theSub-Plan.

Recom-menda-tion bytheNodalAgen-cies andNodalDepart-ment.


CHAPTER-IVBUDGET PROVISIONING, DISTRIBUTION

AND STRENGTHENING OF IMPLEMENTATIONMACHINERY

13. The budget approved by the State Council forScheduled Castes Sub-Plan/Tribal Sub-Plan shall beincluded in the Demands for Grants for the departmentsunder the relevant head of account for the ScheduledCastes Sub-Plan/Tribal Sub-Plan.

14. There shall be an exclusive Secretary, Finance inFinance Department for performing the functions relatingto Budget implementation and allocation according to theprovisions of this Act within the overall discipline of the waysand means position as determined by the Financedepartment.

15. Budget Release Orders shall be issued to eachdepartment, for the amount provided in the BudgetEstimates for Scheduled Castes Sub-Plan/Tribal Sub-Planimmediately after passing of the budget by the StateLegislature in accordance with the schedule and normsprescribed.

CHAPTER-VINSTITUTIONAL ARRANGEMENTS16. (1) As soon as may be, after the commencement

of this Act, the Government shall, by notification, constitutea Council under the Chief Minister, to be known as the StateCouncil for Development of Scheduled Castes andScheduled Tribes to exercise the powers conferred and to

Budgetalloca-tions.

Sched-uledCastesSub-PlanandTribalSub-Planwing inFinanceDepart-ment.

BudgetReleaseOrders.

StateCouncilforDevelop-ment ofScheduleCastes/


permform the functions assigned to it under the Act and therules made thereunder.

(2) The State council shall meet at least twice in ayear.

17. The State Council shall,- (a) advise the State Government on all the policy

matters relating to Scheduled Castes Sub-Plan/Tribal Sub-Plan;

(b) suggest measures for proper planning andimplementation of the schemes by the departments;

(c) approve the Annual Scheduled Castes Sub-Plan/Tribal Sub-Plan proposals of the Departments;

(d) perform such other functions as may beprescribed.

18. (1) Nodal Agencies headed by Ministers of SocialWelfare and Tribal Welfare, shall be constituted in themanner prescribed, for Scheduled Castes Sub-Plan andTribal Sub-Plan respectively and shall exercise the powersconferred and perform the functions assigned under thisAct.

(2) The Social Welfare Department and TribalWelfare Department shall act as Nodal Departments forassisting the respective Nodal Agency to perform itsfunctions and exercise its powers.

19. The respective Nodal Agency with the assistanceof the respective Nodal Department shall,-

(1) Evaluate and appraise Scheduled Castes Sub-Plan/Tribal Sub-Plan proposed by the departments forensuring conformity to the provisions of this Act;

(2) Prepare State Scheduled Castes Sub-Plan/Tribal Sub-Plan for placing before the State Council for

Sched-uledTribes.

Func-tions ofthe StateCouncil.

NodalAgencyandNodalDepart-ment.

Func-tions ofNodalAgencyandNodalDepart-ment.

A. 565-3


Development of Scheduled Castes and Scheduled Tribesfor consideration and approval;

(3) Recommend reallocation of Scheduled CastesSub-Plan/Tribal Sub-Plan funds from a department to otherdepartment;

(4) Review the implementation and monitoring ofthe Scheduled Castes Sub-Plan/Tribal Sub-Planprogramme;

(5) Identify impediments and suggest measures forovercoming the impediments;

(6) Co-ordinate with the departments for preparationof State level and district level Scheduled Castes Sub-Plan/Tribal Sub-Plan;

(7) Maintain transparency in expenditure; maintainscheme wise; district wise, village wise and beneficiarywise details as may be prescribed; set up a web portal fortracking the progress of the implementation, expenditure,output and outcome indicators as may be prescribed ofScheduled Castes Sub-Plan/Tribal Sub-Plan;

(8) Facilitate at least annual social auditing ofexpenditure of Scheduled Castes Sub-Plan/Tribal Sub-Planfunds and facilitate analysis of improvement in HumanDevelopment Index against the projections for the State anddistrict:

Provided that the directions of the Nodal Agency shallbe binding on the Departments.


20. The Government shall appropriately strengthen theNodal Departments of Social Welfare and Tribal Welfarewith an Administrative and Technical Support Unit and aSub-Plan Research Centre as may be prescribed, toperform the functions and discharge the duties assigned toit and to assist the respective Nodal Agency.

21. The departments as identified by the State Councilmay establish a Sub-Plan Support Unit, as may beprescribed to manage the resepective Scheduled CastesSub-Plan and Tribal Sub-Plan.

22. (1) The Government shall constitute a DistrictMonitoring Committee in each district with the DistrictCollector as its Chairman, which shall be responsible forimplementation of the Scheduled Castes Sub-Plan/TribalSub-Plan in the district.

(2) The District Planning Committees of each districtshall review the implementation of Scheduled Castes Sub-Plan/Tribal Sub-Plan periodically.

Admin-istrativeandtechni-calsupportto NodalDepart-ment forSched-uledCastesSub-Plan/TribalSub-Plan.

Depart-mentlevelSub-PlanSupportUnit.

Imple-menta-tion ofSched-uledCastesSub-Plan/TribalSub-Planschemesin thedistricts.


23. The respective departments of Government shalltake such measures as may be necessary for institutionalstrengthening of State, District and Sub-District units byproviding necessary guidelines, staff and training to the staffin the manner prescribed, for effective implementation andmonitoring.

CHAPTER-VI

TRANSPARENCY AND ACCOUNTABILITY IN THEIMPLEMENTATION OF SCHEDULED CASTES SUB-PLAN/TRIBAL SUB-PLAN.

24(1) Each department shall ensure transparency andaccountability at all levels in the implementation ofScheduled Castes Sub-Plan and Tribal Sub-Plan schemes.

(2) Each department shall, host the documents,as may be prescribed in public domain.

25. Government shall formulate an appropriatescheme, to award incentives for commendableperformance and disincentives for proven negligence andlack of due diligence, in discharge of responsibilities underthis Act by any functionary or official concerned:

Provided that disciplinary action shall be governed bythe relevant service/disciplinary rules applicable to theGovernment officials and functionaries.

26. The Nodal agency shall place before the StateLegislature, an Annual Report on outcome of implemen-tation of Scheduled Castes Sub-Plan/Tribal Sub-Plancontaining department-wise achievements and theun-utilised funds during the financial year under report. Thereport on TSP to the extent of scheduled areas shall formpart of the Report regarding the administration of scheduledareas to be submitted to Governor in consultation with A.P.Tribes Advisory Council.

Trans-parencyandaccount-ability.

Incen-tives andpenalties.

AnnualReport tobe placedbeforeStateLegisla-ture.

Institu-tionalstrength-ening foreffectiveimplement-ation andmonitor-ing.


Power tomakeRules.

27.(1) Subject to the other provisions of this Act, theGovernment may, by notification, make rules for carryingout all or any of the purposes of this Act.

(2) In particular and without prejudice to thegenerality of the foregoing power, such rules may providefor all or any of the following matters, namely:

(a) determination of gaps in development ofScheduled Castes and Schedule Tribes under section 2;

(b) earmarking Scheduled Castes Sub-Plan/TribalSub-Plan Funds from the plan outlays under section 3;

(c) identification of Scheduled Castes Sub-Plan/Tribal Sub-Plan Schemes and preparation of Sub-Plans bythe departments under section 8;

(d) preparation of budget proposal of ScheduledCastes Sub-Plan/Tribal Sub-Plan for appraisal by the NodalDepartments under section 9;

(e) strengthen the Finance Department formonitoring expenditures under the Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 14;

(f) constitution of, and transaction of business inthe State Council for development of Scheduled Castesand Scheduled Tribes; the qualification, disqualification andother allowances to the non-official members of the StateCouncil under section 16;

(g) constitution of Nodal Agencies for ScheduledCastes Sub-Plan and Tribal Sub-Plan under section 18;

(h) maintenance of a web portal by the Nodal Agencyunder section 19;

(i) constitution of Administrative and TechnicalSupport Unit in respective Nodal Department for ScheduledCastes Sub-Plan /Tribal Sub-Plan under section 20;

(j) constitution of Sub-Plan Support Unit at depart-ment level under section 21;


(k) constitution of District Monitoring Committeesand the connected matters under section 22;

(l) institutional strengthening at State, district andsub-district level for ensuring effective implementation,awareness, mass contact programme, social audit andmonitoring of Scheduled Castes Sub-Plan and Tribal Sub-Plan under section 23; and

(m) procedures for ensuring transparency andaccountability in the implementation of Scheduled CastesSub-Plan and Tribal Sub-Plan under section 24.

(3) Every rule made under this Act shall, immediatelyafter it is made, be laid before the Legislature of the State,if it is in session and if it is not in session, in the sessionimmediately following for a total period of fourteen dayswhich may be comprised in one session or in twosuccessive sessions and if, before the expiration of thesession in which it is so laid or the session immediatelyfollowing the Legislature agrees in making any modificationin the rule or in the annulment of the rule, the rule shall,from the date on which the modification or annulment isnotified, have effect only in such modified form or shall standannulled as the case may be so, however, that any suchmodification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

28. (1) If any difficulty arises in giving effect to theprovisions of the Act, the Government may, by order, makesuch provisions or give such directions not inconsistentwith the provisions of the Act as may appear to it to benecessary or expedient for the removal of the difficulty:

Provided that no such power shall be exercised afterthe expiry of a period of two years from the commencementof this Act.

Powertoremovediffi-culties.


(2) Every order made under this section shall belaid, as soon as it is made, before each House of the StateLegislature.

R. DAMODAR,Secretary to Government,

Legislative Affairs & Justice (FAC),Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF PRINTING,AT LEGISLATIVE ASSEMBLY PRESS, HYDERABAD,

2013.

Act, Rules and GuidelinesForest Rights Act, 2006

Contents

Forest Rights Act, 2006 ......................................................................................................................... 01

Comprehensive Tribal Rules ............................................................................................................... 13

Annexure I: Forms ..................................................................................................................... 27

Annexure II: Title for Forest Land Under Occupation ................................................... 31

Annexure III: Title to Community Forest Rights ............................................................. 32

Annexure IV: Title to Community Forest Resources ...................................................... 33

Annexure V: Format for Furnishing Quarterly Report .................................................. 34

Forest Rights Act, 2006: Guidelines ................................................................................................. 37

iv

Forest Rights Act, 2006: Act, Rules and Guidelines

Forest Rights Act, 2006

01

vlk/kkj.kEXTRAORDINARYHkkx II & [k.M & I

PART II – Section Iizkf/kdkj ls izdkfÓr

PUBLISHED BY AUTHORITY

la- 2 ubZ fnYyh] eaxyokj] tuojh 2] 2007@ ikSÔ 12, 1928No. 2 NEW DELHI, TUESDAY, JANUARY 2, 2007/PAUSA 12, 1928

bl Hkkx esa fHké i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsASeparate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 2nd January, 2007/Pausa 12, 1928 (Saka)

The following Act of Parliament received the assent of the President on the 29th December, 2006, and is hereby published for general information:-

THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006

No. 2 of 2007[29th December, 2006]

Hkkjr dk jkti=k

An Act to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded; to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land.WHEREAS the recognised rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwellings Scheduled Tribes and other traditional forest dwellers;AND WHEREAS the forest rights on ancestral lands and their habitat were not adequately recognised in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers who are integral to the very survival and sustainability of the forest ecosystem;AND WHEREAS it has become necessary to address the long standing insecurity of tenurial and access rights of forest dwelling Scheduled Tribes and other traditional forest dwellers including those who were forced to relocate their dwelling due to State development interventions.BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:-

The Gazette of India

jftLVªh la- Mh- ,y~-&¼,u½ 04/0007/2006-08 REGISTERED NO. DL - (N)04/0007/2006-08

1

02


CHAPTER IPRELIMINARY

1. (1) This Act may be called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)Act, 2006

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires, - (a) "community forest resource" means customary common

forest land within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities, including reserved forests, protected forests and protected areas such as Sanctuaries and National Parks to which the community had traditional access;

(b) "critical wildlife habitat" means such areas of National Parks and Sanctuaries where it has been specifically and clearly established, case by case, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of wildlife conservation as may be determined and notified by the Central Government in the Ministry of Environment and Forests after open process of consultation by an Expert Committee, which includes experts from the locality appointed by that Government wherein a representative of the Ministry of Tribal Affairs shall also be included, in determining such areas according to the procedural requirements arising from sub-sections (1) and (2) of section 4;

(c) "forest dwelling Scheduled Tribes" means the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities;

(d) "forest land" means land of any description falling within any forest area and includes unclassified forests, undermarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Parks;

(e) "forest rights" means the forest rights referred to in section 3; (f) "forest villages" means the settlements which have been

established inside the forests by the forest department of any State Government for forestry operations or which were converted into forest villages through the forest reservation process and includes forest settlement villages, fixed demand holdings, all types of taungya settlements, by whatever name called, for such villages and includes lands for cultivation and other uses permitted by the Government;

(g) "Gram Sabha" means a village assembly which shall consist of all adult members of a village and in case of States having no Panchayats, Padas, Tolas and other traditional village institutions and elected village committees, with full and unrestricted participation of women;

Short title and commencement

Definitions

2

03


18 of 2003

40 of 1996

53 of 1972

Forest rights of Forest dwelling Scheduled Tribes and

(h) "habitat" includes the area comprising the customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes;

(i) "minor forest produce" includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like;

(j) "nodal agency" means the nodal agency specified in section 11;

(k) "notification" means a notification published in the Official Gazette;

(l) "prescribed" means prescribed by rules made under this Act; (m) "Scheduled Areas" means the Scheduled Areas referred to

in clause (l) of article 244 of the constitution; (n) "sustainable use" shall have the same meaning as assigned

to it in clause (o) of section 2 of the Biological Diversity Act, 2002;

(o) "other traditional forest dweller" means any member or community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs.

Explanation – For the purpose of this clause, "generation" means a period comprising of twenty-five years.

(p) "village" means – (i) a village referred to in clause (b) of section 4 of the

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996; or

(ii) any area referred to as a village in any State law relating to Panchayats other than the Scheduled Areas; or

(iii) forest villages, old habitation or settlements and unsurveyed villages, whether notified as village or not; or

(iv) in the case of States where there are no Panchayats, the traditional village, by whatever name called;

(q) "wild animal" means any species of animal specified in Schedules I to IV of the Wild Life (Protection) Act, 1972 and found wild in nature.

CHAPTER IIFOREST RIGHTS

3. (1) For the purposes of this Act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, namely:-

3

04


(a) right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers;

(b) community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regimes;

(c) right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

(d) other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

(e) rights including community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities;

(f) rights in or over disputes lands under any nomenclature in any State where claims are disputed;

(g) rights for conversion of Pattas or leases or grants issued by any local authority or any State Government on forest lands to titles;

(h) rights of settlement and conversion of all forest villages, old habitation,unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages;

(i) rights to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use;

(j) rights which are recognised under any State law or laws of any Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribal under any traditional or customary law of the concerned tribes of any State;

(k) right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity;

(l) any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal;

(m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes or other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.

other traditional forest dwellers.

4

05


Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers.

69 of 1980(2) Notwithstanding anything contained in the Forest (Conservation) Act, 1980, the Central Government shall provide for diversion of forest land for the following facilities managed by the Government which involve felling of trees not exceeding seventy-five trees per hectare, namely:-

(a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill up-gradation or vocational training centers; (l) roads; and (m) community centers: Provided that such diversion of forest land shall be allowed only if, - (i) the forest land to be diverted for the purposes

mentioned in this subsection is less than one hectare in each case; and

(ii) the clearance of such developmental projects shall be subject to the condition that the same is recommended by the Gram Sabha.

CHAPTER IIIRECOGNITION, RESTORATION AND VESTING OF

FOREST RIGHTS AND RELATED MATTERS

4. (1) Notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Act, the Central Government hereby recognises and vests forest rights in –

(a) the forest dwelling Scheduled Tribes in States or areas in States where they are declared as Scheduled Tribes in respect of all forest rights mentioned in section 3;

(b) the other traditional forest dwellers in respect of all forest rights mentioned in section 3.

(2) The forest rights recognised under this Act in critical wildlife habitats of National Parks and Sanctuaries may subsequently be modified or resettled, provided that no forest rights holders shall be resettled or have their rights in any manner affected for the purposes of creating inviolate areas for wildlife conservation except in case all the following conditions are satisfied, namely:-

5

06


(a) the process of recognition and vesting of rights as specified in section 6 is complete in all the areas under consideration;

(b) it has been established by the concerned agencies of the State Government, in exercise of their powers under the Wild Life (Protection) Act, 1972 that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat;

(c) the State Government has concluded that other reasonable options, such as, co-existence are not available;

(d) a resettlement or alternatives package has been prepared and communicated that provides a secure livelihood for the affected individuals and communities and fulfils the requirements of such affected individuals and communities given in the relevant laws and the policy of the Central Government;

(e) the free informed consent of the Gram Sabhas in the areas concerned to the proposed resettlement and to the package has been obtained in writing;

(f) no resettlement shall take place until facilities and land allocation at the resettlement location are complete as per the promised package;

Provided that the critical wildlife habitats from which rights holders are thus relocated for purposes of wildlife conservation shall not be subsequently diverted by the State Government or the Central Government or any other entity for other uses.

(3) The recognition and vesting of forest rights under this Act to the forest dwelling Scheduled Tribes and to other traditional forest dwellers in relation to any State or Union territory in respect of forest land and their habitat shall be subject to the condition that such Scheduled Tribes or tribal communities or other traditional forest dwellers had occupied forest land before the 13th day of December, 2005.

(4) A right conferred by sub-section (1) shall be heritable but not alienable or transferable and shall be registered jointly in the name of both the spouses in case of married persons and in the name of the single head in the case of a household headed by a single person and in the absence of a direct heir, the heritable right shall pass on to the next-of-kin.

(5) Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.

(6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares.

53 of 1972

6

07


(7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980, requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act.

(8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.

5. The holders of any forest right, Gram Sabha and village level institutions in areas where there are holders of any forest right under this Act are empowered to -

(a) protect the wild life, forest and biodiversity; (b) ensure that adjoining catchments area, water sources and

other ecological sensitive areas are adequately protected; (c) ensure that the habitat of forest dwelling Scheduled Tribes

and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage;

(d) ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the biodiversity are complied with.

CHAPTER IVAUTHORITIES AND PROCEDURE FOR VESTING

OF FOREST RIGHTS

6. (1) The Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its jurisdiction under this Act by receiving claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the same to the Sub-Divisional Level Committee.

(2) Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the Sub-Divisional Level Committee constituted under sub-section (3) and the Sub-Divisional Level Committee shall consider and dispose of such petition.

Provided that every such petition shall be preferred within sixty days from the date of passing of the resolution by the Gram Sabha:

Provided further that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case.

Authorities to vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers and procedure thereof.

Duties of holders of forest rights.

69 of 1980

7

08


(3) The State Government shall constitute a Sub-Divisional Level Committee to examine the resolution passed by the Gram Sabha and prepare the record of forest rights and forward it through the Sub-Divisional Officer to the District Level Committee for a final decision.

(4) Any person aggrieved by the decision of the Sub-Divisional Level Committee may prefer a petition to the District Level Committee within sixty days from the date of decision of the Sub-Divisional Level Committee and the District Level Committee shall consider and dispose of such petition:

Provided that no petition shall be preferred directly before the District Level Committee against the resolution of the Gram Sabha unless the same has been preferred before and considered by the Sub-Divisional level Committee:

Provided further that no such petition shall be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case.

(5) The State Government shall constitute a District Level Committee to consider and finally approve the record of forest rights prepared by the Sub-Divisional Level Committee.

(6) The decision of the District Level Committee on the record of forest rights shall be final and binding.

(7) The State Government shall constitute a State Level Monitoring Committee to monitor the process of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as may be called for by that agency.

(8) The Sub-Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee shall consist of officers of the department of Revenue, Forest and Tribal Affairs of the State Government and three members of the Panchayati Raj Institutions at the appropriate level, appointed by the respective Panchayati Raj Institutions, of whom two shall be the Scheduled Tribe members and at least one shall be a women, as may be prescribed.

(9) The composition and functions of the Sub-Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee and the procedure to be followed by them in the discharge of their functions shall be such as may be prescribed.

CHAPTER VOFFENCES AND PENALTIES

7. Where any authority or Committee or officer or member of such authority or Committee contravenes any provision of this Act or any rule made thereunder concerning recognition of forest rights, it, or they, shall be deemed to be guilty of an offence under this Act and shall be liable to be proceeded against and punished with fine which may extend to one thousand rupees:

Offences by members or officers of authorities and Committees under this Act.

8

09


Provided that nothing contained in this sub-section shall render any member of the authority or Committee or head of the department or any person referred to in this section liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

8. No court shall take cognizance of any offence under section 7 unless any forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram Sabha through a resolution against any higher authority gives a notice of not less than sixty days to the State Level Monitoring Committee and the State Level Monitoring Committee has not proceeded against such authority.

CHAPTER VIMISCELLANEOUS

9. Every member of the authorities referred to in Chapter IV and every other officer exercising any of the powers conferred by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

10. (1) No suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done by or under this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.

(3) No suit or other legal proceeding shall lie against any authority as referred to in Chapter IV including its Chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.

11. The Ministry of the Central Government dealing with Tribal Affairs or any officer or authority authorised by the Central Government in this behalf shall be the nodal agency for the implementation of the provisions of this Act.

12. In the performance of its duties and exercise of its powers by or under this Act, every authority referred to in Chapter IV shall be subject to such general or special directions, as the Central Government may, from time to time, give in writing.

13. Save as otherwise provided in this Act and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

14 (1) The Central Government may; by notification, and subject to the condition of previous publication, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all any of the following matters, namely:-

Protection of action taken in good faith.

Nodal agency

Power of Central Government to issue directions.

Act not in derogation of any other law.

Power to make rules

40 to 1996.

Cognizance of offences.

Members of authorities, etc., to be public servants.

9

10


(a) procedural details for implementation of the procedure specified in section 6;

(b) the procedure for receiving claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim for exercise of forest rights under sub-section (1) of section 6 and the manner of preferring a petition to the Sub-Divisional Committee under sub-section (2) of that section;

(c) the level of officers of the departments of Revenue, Forest and Tribal Affairs of the State Government to be appointed as members of the Sub-Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee under sub-section (8) of section 6;

(d) the composition and functions of the Sub-Divisional Level Committee, the District Level Committee and the State Level Monitoring Committee and the procedure to be followed by them in the discharge of their functions under sub-section (9) of section 6;

(e) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in on session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

K.N. CHATURVEDI,Secy. to the Govt. of India.

10

12


Comprehensive Tribal Rules

13

(TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)

OF DATED 1st JANUARY, 2008)

With Amendments on 6th September 2012

GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

New Delhi, the 1st January, 2008

NOTIFICATION1

G.S.R. No. 1(E) WHEREAS the draft of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 were published, as required by sub-section (1) of Section 14 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) under the notification of the Government of India in the Ministry of Tribal Affairs number G.S.R. 437 (E), dated the 19th June 2007 in the Gazette of India, Part II, Section 3, sub-section (i) of the same date, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Gazette containing the said notification are made available to the public;

AND WHEREAS the copies of the said Gazette were made available to the public as on 25.06.2007.

AND WHEREAS the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (2) of Section 14 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the Central Government hereby makes the following rules for recognizing and vesting the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers residing in such forests, namely:-

1. Short title, extent and commencement.-

(1) These rules may be called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 20072.

(2) They shall extend to the whole of India except the State of Jammu and Kashmir.

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

1 Note: The symbol “#” represents the original formulation of Rules issued in 2007 and notified on January 1, 2008; and has also been reproduced for easy reference.

2 Note that these Rules have been substantially amended by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

14


2. Definitions.-

(1) In these rules, unless the context otherwise requires,-

a) “Act” means the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);

b) “bona fide livelihood needs” means fulfilment of livelihood needs of self and family through exercise of any of the rights specified in sub-section (1) of Section 3 of the Act and includes sale of surplus produce arising out of exercise of such rights;’3

c) “claimant” means an individual, group of individuals, family or community making a claim for recognition and vesting of rights listed in the Act;

‘(ca) “community rights” means the rights listed in clauses (b), (c), (d), (e), (h), (i), (j), (k) and (l) of sub-section (1) of Section 3.4

d) “disposal of minor forest produce” under clause (c) of sub-section (1) of Section 3 shall include right to sell as well as individual or collective processing, storage, value addition, transportation within and outside forest area through appropriate means of transport for use of such produce or sale by gatherers or their cooperatives or associations or federations for livelihood;

Explanation:

(1) The transit permit regime in relation to transportation of minor forest produce shall be modified and given by the Committee constituted under clause (e) of sub-rule (1) of rule 4 or the person authorized by the Gram Sabha,

(2) This procedural requirement of transit permit in no way shall restrict or abridge the right to disposal of minor forest produce,

(3) The collection of minor forest produce shall be free of all royalties or fees or any other charges’5

e) “Forest Rights Committee” means a committee constituted by the Gram Sabha under rule 3;

f ) “section” means the section of the Act

(2) The words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3 Substituted by Rule 2(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 2(1) (b) “bonafide livelihood needs” means fulfillment of sustenance needs of self and family through production or sale of produce resulting from self-cultivation of forest land as provided under clauses (a), (c) and (d) of sub-section (1) of Section 3 of the Act;

4 Inserted by Rule 2(ii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

5 Substituted by Rule 2(iii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 2(1)(d) “disposal of minor forest produce” under clause (c) of sub-section (1) of Section 3 of the Act shall include local level processing, value addition, transportation in forest area through head-loads, bicycle and handcarts for use of such produce or sale by the gatherer or the community for livelihood;

15


2A. Identification of hamlets or settlements and process of their consolidation.- The State Government shall ensure that, -

(a) every panchayat, within its boundaries, prepares a list of group of hamlets or habitations, unrecorded or unsurveyed settlements or forest villages or taungya villages, formally not part of any Revenue or Forest village record and have this list passed by convening Gram Sabha of each such habitation, hamlets or habitations included as villages for the purpose of the Act through a resolution in the Panchayat and submit such list to Sub Division Level Committee.

(b) the Sub-Divisional Officers of the Sub Division Level Committee consolidate the lists of hamlets and habitations which at present are not part of any village but have been included as villages within the Panchayat through a resolution, and are formalised as a village either by adding to the existing village or otherwise after following the process as provided in the relevant State laws and that the lists are finalised by the District Level Committee after considering public comments, if any.

(c) on finalisation of the lists of hamlets and habitations, the process of recognition and vesting of rights in these hamlets and habitations is undertaken without disturbing any rights, already recognized.6

3. Gram Sabha.-

(1) The Gram Sabhas shall be convened by the Gram Panchayat and in its first meeting it shall elect from amongst its members, a committee of not less than ten but not exceeding fifteen persons as members of the Forest Rights Committee, wherein at least two-third members shall be the Scheduled Tribes.7

Provided that not less than one-third of such members shall be women:

Provided further that where there are no Scheduled Tribes, at least one-third of such members shall be women.

(2) The Forest Rights Committee shall decide on a chairperson and a secretary and intimate it to the Sub-Divisional Level Committee.

(3) When a member of the Forest Rights Committee is also a claimant of individual forest right, he shall inform the Committee and shall not participate in the verification proceedings when his claim is considered.

(4) The Forest Rights Committee shall not reopen the forest rights recognized or the process of verification of the claims already initiated before the date of coming into force of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendments Rules, 2012.8

6 Inserted by Rule 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

7 Substituted by the words of Rule 4(a) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 3 (1) “……wherein at least one-third members shall be the Scheduled Tribes”8 Inserted by Rule 4 (b) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)

Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

16


4. Functions of the Gram Sabha.-

(1) The Gram Sabha shall -

(a) initiate the process of determining the nature and extent of forest rights, receive and hear the claims relating thereto;

(b) prepare a list of claimants of forests rights and maintain a register containing such details of claimants and their claims as the Central Government may by order determine;

(c) pass a resolution on claims on forest rights after giving reasonable opportunity to interested persons and authorities concerned and forward the same to the Sub-Divisional Level Committee;

(d) consider resettlement packages under clause (e) of sub-section (2) of Section 4 of the Act and pass appropriate resolutions; and

(e) Constitute Committees for the protection of wildlife, forest and biodiversity, from amongst its members, in order to carry out the provisions of Section 5 of the Act.

(f ) monitor and control the committee constituted under clause (e) which shall prepare a conservation and management plan for community forest resources in order to sustainably and equitably manage such community forest resources for the benefit of forest dwelling Scheduled Tribes and other Traditional Forest Dwellers and integrate such conservation and management plan with the micro plans or working plans or management plans of the forest department with such modifications as may be considered necessary by the committee.

(g) Approve all decisions of the committee pertaining to issue of transit permits, use of income from sale of produce, or modification of management plans.9

(2) The quorum of the Gram Sabha meeting shall not be less than one-half of all members of such Gram Sabha:

Provided that at least one-third of the members present shall be women:

Provided further that where any resolutions in respect of claims to forest rights are to be passed, at least fifty per cent of the claimants to forest rights or their representatives shall be present:

Provided also that such resolutions shall be passed by a simple majority of those present and voting.10

(3) The Gram Sabha shall be provided with the necessary assistance by the authorities in the State.

9 Inserted by Rule 5(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

10 Substituted by Rule 5(ii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 4 (2) The quorum of the Gram Sabha meeting shall be not less than two thirds of all members of such Gram Sabha: Provided that where there is a heterogeneous population of Scheduled Tribes and non Scheduled Tribes in any village, the members of the Scheduled Tribe, primitive tribal groups (PTGs) and pre-agricultural communities shall be adequately represented.

17


5. Sub-Divisional Level Committee.- The State Government shall constitute Sub-Divisional Level Committee with the following members, namely:-

(a) Sub-Divisional Officer or equivalent officer - Chairperson;

(b) Forest Officer in charge of a Sub-division or equivalent officer - member;

(c) three members of the Block or Tehsil level Panchayats to be nominated by the District Panchayat of whom at least two shall be the Scheduled Tribes preferably those who are forest dwellers, or who belong to the primitive tribal groups and where there are no Scheduled Tribes, two members who are preferably other traditional forest dwellers, and one shall be a woman member; or in areas covered under the Sixth Schedule to the Constitution, three members nominated by the Autonomous District Council or Regional Council or other appropriate zonal level, of whom at least one shall be a woman member; and

(d) an officer of the Tribal Welfare Department in-charge of the Sub-division or where such officer is not available the officer in-charge of the tribal affairs.

6. Functions of the Sub-Divisional Level Committee.- The Sub-Divisional Level Committee (SDLC) shall -

(a) provide information to each Gram Sabha about their duties and duties of holder of forest rights and others towards protection of wildlife, forest and biodiversity with reference to critical flora and fauna which need to be conserved and protected;

(b) provide forest and revenue maps and electoral rolls to the Gram Sabha or the Forest Rights Committee;

(c) collate all the resolutions of the concerned Gram Sabhas;

(d) consolidate maps and details provided by the Gram Sabhas;

(e) examine the resolutions and the maps of the Gram Sabhas to ascertain the veracity of the claims;

(f ) hear and adjudicate disputes between Gram Sabhas on the nature and extent of any forest rights;

(g) hear petitions from persons, including State agencies, aggrieved by the resolutions of the Gram Sabhas;

(h) co-ordinate with other Sub-Divisional Level Committees for inter sub-divisional claims;

(i) prepare block or tehsil-wise draft record of proposed forest rights after reconciliation of government records;

(j) forward the claims with the draft record of proposed forest rights through the Sub-Divisional Officer to the District Level Committee for final decision;

(k) raise awareness among forest dwellers about the objectives and procedures laid down under the Act and in the rules;

18


(l) ensure easy and free availability of proforma of claims to the claimants as provided in Annexure-I (Forms A, B and C) of these rules.11

(m) ensure that the Gram Sabha meetings are conducted in free, open and fair manner with requisite quorum.

7. District Level Committee.- The State Government shall constitute District Level Committee (DLC) with the following members, namely:-

(a) District Collector or Deputy Commissioner - Chairperson;

(b) concerned Divisional Forest Officer or concerned Deputy Conservator of Forest - member;

(c) three members of the district panchayat to be nominated by the district panchayat, of whom at least two shall be the Scheduled Tribes preferably those who are forest dwellers, or who belong to members of the primitive tribal groups, and where there are no Scheduled Tribes, two members who are preferably other traditional forest dwellers, and one shall be a woman member; or in areas covered under the Sixth Schedule to the Constitution, three members nominated by the Autonomous District Council or Regional Council of whom at least one shall be a woman member; and

(d) an officer of the Tribal Welfare Department in-charge of the district or where such officer is not available, the officer in charge of the tribal affairs.

8. Functions of District Level Committee.- The District Level Committee shall

(a) ensure that the requisite information under clause (b) of rule 6 has been provided to Gram Sabha or Forest Rights Committee;

(b) examine whether all claims, especially those of primitive tribal groups, pastoralists and nomadic tribes, have been addressed keeping in mind the objectives of the Act;

(c) consider and finally approve the claims and record of forest rights prepared by the Sub-Divisional Level Committee;

(d) hear petitions from persons aggrieved by the orders of the Sub-Divisional Level Committee;

(e) co-ordinate with other districts regarding inter-district claims;

(f ) issue directions for incorporation of the forest rights in the relevant government records including record of rights;

(g) ensure publication of the record of forest rights as may be finalized (**)12

11 Substituted by Rule 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 6 (l) “ensure easy and free availability of proforma of claims to the claimants as provided in Annexure-I (Forms A & B) of these rules”.

12 The word “and” omitted by Rule 7(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

19


(h) ensure that a certified copy of the record of forest rights and title under the Act, as specified in Annexures II & III to these rules, is provided to the concerned claimant and the Gram Sabha respectively and13

(i) ensure that a certified copy of the record of the right to community forest resource and title under the Act, as specified in Annexure IV to these rules, is provided to the concerned Gram Sabha or the community whose rights over community forest resource have been recognized under clause (i) of sub-section (1) of Section 3.14

9. State Level Monitoring Committee. - The State Government shall constitute a State Level Monitoring Committee with the following members, namely:-

(a) Chief Secretary - Chairperson;

(b) Secretary, Revenue Department - member;

(c) Secretary, Tribal or Social Welfare Department - member;

(d) Secretary, Forest Department - member;

(e) Secretary, Panchayati Raj - member;

(f ) Principal Chief Conservator of Forests - member;

(g) three Scheduled Tribes member of the Tribes Advisory Council, to be nominated by the Chairperson of the Tribes Advisory Council and where there is no Tribes Advisory Council, three Scheduled Tribes members to be nominated by the State Government;

(h) Commissioner, Tribal Welfare or equivalent who shall be the Member-Secretary.

10. Functions of the State Level Monitoring Committee.- The State Level Monitoring Committee shall –

(a) devise criteria and indicators for monitoring the process of recognition and vesting of forest rights;

(b) monitor the process of recognition, verification and vesting of forest rights in the State;

(c) meet at least once in three months to monitor the process of recognition, verification and vesting of forest rights, consider and address the field level problems, and furnish a quarterly report in the format appended as Annexure V to these rules, to the Central Government on their assessment regarding the status of claims, the compliance with the steps required under the Act, details of claims approved, reasons for rejection, if any and the status of pending claims.15

13 The word “and” inserted by Rule 7 (ii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

14 Inserted by Rule 7(iii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

15 Substituted by Rule 8 (i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 10 (c). “furnish a six monthly report on the process of recognition, verification and vesting of forest rights and submit to the nodal agency such returns and reports as may be called for by the nodal agency”.

20


(d) on receipt of a notice as mentioned in Section 8 of the Act, take appropriate actions against the concerned authorities under the Act;

(e) monitor resettlement under sub-section (2) of Section 4 of the Act.

(f ) Specifically monitor compliance of the provisions contained in clause (m) of sub-section (1) of Section 3 and sub-section (8) of Section 4.16

11. Procedure for filing, determination and verification of claims by the Gram Sabha.-

(1) The Gram Sabhas shall :-

(a) call for claims and authorize the Forest Rights Committee to accept the claims in the Form as provided in Annexure-I of these rules and such claims shall be made within a period of three months from the date of such calling of claims along with at least two of the evidences mentioned in rule 13, shall be made within a period of three months:

Provided that the Gram Sabha may, if considers necessary, extend such period of three months after recording the reasons thereof in writing.

(b) fix a date for initiating the process of determination of its community forest resource and intimate the same to the adjoining Gram Sabhas where there are substantial overlaps, and the Sub-Divisional Level Committee.

(2) The Forest Rights Committee shall assist the Gram Sabha in its functions to

(i) receive, acknowledge and retain the claims in the specified form and evidence in support of such claims;

(ii) prepare the record of claims and evidence including maps;

(iii) prepare a list of claimants on forest rights;

(iv) verify claims as provided in these rules;

(v) present their findings on the nature and extent of the claim before the Gram Sabha for its consideration.

(3) Every claim received shall be duly acknowledged in writing by the Forest Rights Committee.

(4) The Forest Rights Committee shall also prepare the claims on behalf of Gram Sabha for “community forest rights in Form B and the right over community forest resource under clause (i) of sub-section (1) of Section 3 in Form C.17

(5) The Gram Sabha shall on receipt of the findings under clause (v) of sub-rule (2), meet with prior notice, to consider the findings of the Forest Rights Committee, pass appropriate resolutions, and shall forward the same to the Sub-Divisional Level Committee.

16 Inserted by Rule 8(ii) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

17 The word “community forest rights in Form B” substituted by Rule 9 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 11(4) “community forest rights in Form B”

21


(6) The Secretary of Gram Panchayat will also act as Secretary to the Gram Sabhas in discharge of its functions.

12. Process of verifying claims by Forest Rights Committee.-

(1) The Forest Rights Committee shall, after due intimation to the concerned claimant and the Forest Department:-

(a) visit the site and physically verify the nature and extent of the claim and evidence on the site;

(b) receive any further evidence or record from the claimant and witnesses;

(c) ensure that the claim from pastoralists and nomadic tribes for determination of their rights, which may either be through individual members, the community or traditional community institution, are verified at a time when such individuals, communities or their representatives are present;

(d) ensure that the claim from member of a primitive tribal group or pre-agricultural community for determination of their rights to habitat, which may either be through their community or traditional community institution, are verified when such communities or their representatives are present; and

(e) prepare a map delineating the area of each claim indicating recognizable landmarks.

(f ) delineate the customary boundaries of the community forest resource with other members of the Gram Sabha including elders who are well versed with such boundaries and customary access

(g) prepare a community forest resource map with recognizable land marks and through substantial evidence as enumerated in sub-rule (2) of rule 13 and thereafter, such community forest resource claim shall be approved by a resolution of the Gram Sabha passed by a simple majority.

Explanation: The delineation of community forest resource may include existing legal boundaries such as reserve forest, protected forest, National Parks and Sanctuaries and such delineation shall formalize and recognize the powers of the community in access, conservation and sustainable use of such community forest resources.”18

(2) The Forest Rights Committee’ shall then record its findings on the claim and present the same to the Gram Sabha for its consideration.

(3) If there are conflicting claims in respect of the traditional or customary boundaries of another village or if a forest area is used by more than one Gram Sabha, the Forest Rights Committees of the respective Gram Sabhas shall meet jointly to consider the nature of enjoyment of such claims and submit the findings to the respective Gram Sabhas in writing: Provided that if the Gram Sabhas are not able to resolve the conflicting claims, it shall be referred by the Gram Sabha to the Sub-Divisional Level Committee for its resolution.


22


(4) On a written request of the Gram Sabha or the Forest Rights Committee for information, records or documents, the concerned authorities shall provide an authenticated copy of the same to the Gram Sabha or Forest Rights Committee, as the case may be, and facilitate its clarification, if required, through an authorized officer.

12 A. Process of recognition of rights.-

(1) On receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue departments shall remain present during the verification of the claims and the verification of evidences on the site and shall sign the proceedings with their designation, date and comments, if any.

(2) If any objections are made by the Forest or Revenue departments at a later date to a claim approved by the Gram Sabha, for the reason that their representatives were absent during field verification, the claim shall be remanded to the Gram Sabha for re-verification by the committee where objection has been raised and if the representatives again fail to attend the verification process the Gram Sabha’s decision on the field verification shall be final.

(3) In the event of modification or rejection of a claim by the Gram Sabha or a recommendation for modification or rejection of a claim forwarded by the Sub-Divisional Level Committee to the District Level Committee, such decision or recommendation on the claim shall be communicated in person to the claimant to enable him to prefer a petition to the Sub-Divisional Level Committee or District Level Committee as the case may be, within a period of sixty days which shall be extendable to a period of thirty days at the discretion of the above said committees.

(4) If any other state agency desires to object to a decision of the Gram Sabha or the Sub-Divisional Level Committee, it shall file an appeal before the Sub-Divisional Level Committee or the District Level Committee, as the case may be, which shall be decided by the Committee (in the absence of the representative of the concerned agency, if any) after hearing the claimant.

(5) No petition of the aggrieved person shall be disposed of, unless he has been given a reasonable opportunity to present anything in support of his claim.

(6) The Sub-Divisional Level Committee or the District Level Committee shall remand the claim to the Gram Sabha for re-consideration instead of modifying or rejecting the same, in case the resolution or the recommendation of the Gram Sabha is found to be incomplete or prima-facie requires additional examination.

(7) In cases where the resolution passed by the Gram Sabha, recommending a claim, with supporting documents and evidence, is upheld by the Sub-Divisional Level Committee with or without modifications, but the same is not approved by the District Level Committee, the District Level Committee shall record detailed reasons for not accepting the recommendations of the Gram Sabha or the Sub-Divisional Level Committee as the case may be, in writing, and a copy of the order of the District Level Committee along with the reasons shall be made available to the claimant or the Gram Sabha or the Community as the case may be.

(8) The land rights for self-cultivation recognised under clause (a) of sub-section (1) of Section 3 shall be, within the specified limit, including the forest lands used for allied activities ancillary to cultivation, such as, for keeping cattle, for winnowing and other post-harvest activities, rotational fallows, tree crops and storage of produce.

23


(9) On completion of the process of settlement of rights and issue of titles as specified in Annexure II, III and IV of these rules, the Revenue and the Forest departments shall prepare a final map of the forest land so vested and the concerned authorities shall incorporate the forest rights so vested in the revenue and forest records, as the case may be, within the specified period of record updation under the relevant State laws or within a period of three months, whichever is earlier.

(10) All decisions of the Sub-Divisional Level Committee and District Level Committee that involve modification or rejection of a Gram Sabha resolution or recommendation of the Sub Divisional Level Committee shall give detailed reasons for such modification or rejection, as the case may be:

Provided that no recommendation or rejection of claims shall be merely on any technical or procedural grounds:

Provided further that no committee (except the Gram Sabha or the Forest Rights Committee) at the Block or Panchayat or forest beat or range level, or any individual officer of any rank shall be empowered to receive claims or reject, modify, or decide any claim on forest rights.

(11) The Sub-Divisional Level Committee or the District Level Committee shall consider the evidence specified in rule 13 while deciding the claims and shall not insist upon any particular form of documentary evidence for consideration of a claim.

Explanation:

1. Fine receipts, encroacher lists, primary offence reports, forest settlement reports, and similar documentation by whatever name called, arisen during prior official exercise, or the lack thereof, shall not be the sole basis for rejection of any claim.

2. The satellite imagery and other uses of technology may supplement other form of evidence and shall not be treated as a replacement.19

12 B. Process of Recognition of Community Rights.-

(1) The District Level Committee shall, in view of the differential vulnerability of Particularly Vulnerable Tribal Groups as described in clause (e) of sub-section (i) of Section 3 amongst the forest dwellers, ensure that all Particularly Vulnerable Tribal Groups receive habitat rights, in consultation with the concerned traditional institutions of Particularly Vulnerable Tribal Groups and their claims for habitat rights are filed before the concerned Gram Sabhas, wherever necessary by recognizing floating nature of their Gram Sabhas.

(2) The District Level Committee shall facilitate the filing of claims by pastoralists, transhumant and nomadic communities as described in clause (d) of sub-section (i) of Section 3 before the concerned Gram Sabhas.

(3) The District Level Committee shall ensure that the forest rights under clause (i) of sub-section (1) of Section 3 relating to protection, regeneration or conservation or management of any community forest resource, which forest dwellers might have traditionally been protecting and conserving for sustainable use, are recognized in all villages with forest dwellers and the titles are issued.


24


(4) In case where no community forest resource rights are recognized in a village, the reasons for the same shall be recorded by the Secretary of the District Level Committee.

(5) The conversion of forest villages, unrecorded settlement under clause (h) of Section 3 shall include the actual land use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities and public spaces.20

13. Evidence for determination of forest rights.-

(1) The evidence for recognition and vesting of forest rights shall, inter alia, include -

(a) public documents, Government records such as Gazetteers, Census, survey and settlement reports, maps, satellite imagery, working plans, management plans, micro-plans, forest enquiry reports, other forest records, record of rights by whatever name called, pattas or leases, reports of committees and commissions constituted by the Government, Government orders, notifications, circulars, resolutions;

(b) Government authorised documents such as voter identity card, ration card, passport, house tax receipts, domicile certificates;

(c) physical attributes such as house, huts and permanent improvements made to land including levelling, bunds, check dams and the like;

(d) quasi-judicial and judicial records including court orders and judgments;

(e) research studies, documentation of customs and traditions that illustrate the enjoyment of any forest rights and having the force of customary law, by reputed institutions, such as Anthropological Survey of India;

(f ) any record including maps, record of rights, privileges, concessions, favours, from erstwhile princely States or provinces or other such intermediaries;

(g) traditional structures establishing antiquity such as wells, burial grounds, sacred places;

(h) genealogy tracing ancestry to individuals mentioned in earlier land records or recognized as having been legitimate resident of the village at an earlier period of time;

(i) Statement of elders other than claimants, reduced in writing.

(2) An evidence for “Community Forest Resource”21 inter alia, include –

(a) community rights such as nistar by whatever name called;

(b) traditional grazing grounds; areas for collection of roots and tubers, fodder, wild edible fruits and other minor forest produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners;


21 Substituted by Rule 12(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

# Rule 13 “community forest rights”

25


(c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds;

(d) Government records or earlier classification of current reserve forest as protected forest or as gochar or other village common lands, nistari forests

(e) Earlier or current practice of traditional agriculture.22

(3) The Gram Sabha, the Sub-Divisional Level Committee and the District Level Committee shall consider more than one of the above-mentioned evidences in determining the forest rights.

14. Petitions to Sub-Divisional Level Committee.-

(1) Any person aggrieved by the resolution of the Gram Sabha may within a period of sixty days from the date of the resolution file a petition to the Sub-Divisional Level Committee.

(2) The Sub-Divisional Level Committee shall fix a date for the hearing and intimate the petitioner and the concerned Gram Sabha in writing as well as through a notice at a convenient public place in the village of the petitioner at least fifteen days prior to the date fixed for the hearing.

(3) The Sub-Divisional Level Committee may either allow or reject or refer the petition to concerned Gram Sabha for its reconsideration.

(4) After receipt of such reference, the Gram Sabha shall meet within a period of thirty days, hear the petitioner, pass a resolution on that reference and forward the same to the Sub-Divisional Level Committee.

(5) The Sub-Divisional Level Committee shall consider the resolution of the Gram Sabha and pass appropriate orders, either accepting or rejecting the petition.

(6) Without prejudice to the pending petitions, Sub-Divisional Level Committee shall examine and collate the records of forest rights of the other claimants and submit the same through the concerned Sub-Divisional Officer to the District Level Committee.

(7) In case of a dispute between two or more Gram Sabhas and on an application of any of the Gram Sabhas or the Sub-Divisional Level Committee on its own, shall call for a joint meeting of the concerned Gram Sabhas with a view to resolving the dispute and if no mutually agreed solution can be reached within a period of thirty days, the Sub-Divisional Level Committee shall decide the dispute after hearing the concerned Gram Sabhas and pass appropriate orders.

15. Petitions to District Level Committee.-

(1) Any person aggrieved by the decision of the Sub-Divisional Level Committee may within a period of sixty days from the date of the decision of the Sub-Divisional Level Committee file a petition to the District Level Committee.

(2) The District Level Committee shall fix a date for the hearing and intimate the petitioner and the concerned Sub-Divisional Level Committee in writing as well as through a notice at a convenient public place in the village of the petitioner at least fifteen days prior to the date fixed for the hearing.

22 Inserted by Rule 12 (2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E). dated 6th September, 2012)

26


(3) The District Level Committee may either allow or reject or refer the petition to concerned Sub-Divisional Level Committee for its reconsideration.

(4) After receipt of such reference, the Sub-Divisional Level Committee shall hear the petitioner and the Gram Sabha and take a decision on that reference and intimate the same to the District Level Committee.

(5) The District Level Committee shall then consider the petition and pass appropriate orders, either accepting or rejecting the petition.

(6) The District Level Committee shall send the record of forest rights of the claimant or claimants to the District Collector or District Commissioner for necessary correction in the records of the Government.

(7) In case there is a discrepancy between orders of two or more Sub-Divisional Level Committees, the District Level Committee on its own, shall call for a joint meeting of the concerned Sub-Divisional Level Committees with a view to reconcile the differences and if no mutually agreed solution can be reached, the District Level Committee shall adjudicate the dispute after hearing the concerned Sub-Divisional Level Committees and pass appropriate orders.

16. Post Claim support and handholding to holders of forest rights.-The State Government shall ensure through its departments especially tribal and social welfare, environment and forest, revenue, rural development, panchayati raj and other departments relevant to upliftment of forest dwelling scheduled tribes and other traditional forest dwellers, that all government schemes including those relating to land improvement, land productivity, basic amenities and other livelihood measures are provided to such claimants and communities whose rights have been recognized and vested under the Act.23

Dr. Bachittar Singh, Joint Secretary [ F. No.17014/02/2007–PC&V (Vol.VII) ]

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007

Government of India Ministry of Tribal Affairs

………………………. [ F. No. 23011/32/2010-(Vol. II ) ]

Dr. Sadhana Rout, Joint Secretary The Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Amendment Rules, 2012


27

Annexures

Annexure I

[See Rule 6(l)]

FORM – A

CLAIM FORM FOR RIGHTS TO FOREST LAND

[See Rule 11(1)(a)]

1. Name of the claimant (s):

2. Name of the spouse

3. Name of father/mother

4. Address:

5. Village:

6. Gram Panchayat:

7. Tehsil/Taluka:

8. District:

9. (a) Scheduled Tribe: Yes/No (Attach authenticated copy of Certificate)

(b) Other Traditional Forest Dweller: Yes/No

(If a spouse is a Scheduled Tribe (attach authenticated copy of certificate)

10. Name of other members in the family with age:

(including children and adult dependents)

Nature of claim on land:

1. Extent of forest land occupied

(a) for habitation

(b) for self-cultivation, if any:

(See Section 3(1) (a) of the Act)

2. disputed lands if any:

(See Section 3(1)(f ) of the Act)

3. Pattas/leases/grants, if any:

(See Section 3(1)(g) of the Act)

4. Land for in situ rehabilitation or alternative land, if any:

(See Section 3(1)(m) of the Act)

5. Land from where displaced without land compensation:

(See Section 4(8) of the Act)

28


6. Extent of land in forest villages, if any:

(See Section 3(1)(h) of the Act)

7. Any other traditional right, if any:

(See Section 3(1)(l) of the Act)

8. Evidence in support:

(See Rule 13)

9. Any other information:

Signature/Thumb Impression of the Claimant(s):


Government of India

Ministry of Tribal Affairs

29

FORM – B

CLAIM FORM FOR COMMUNITY RIGHTS

[See Rule 11(1)(a) and (4)]

1. Name of the claimant(s):

(a) FDST community: Yes/No

(b) OTFD community: Yes/No

2. Village:

3. Gram Panchayat:

4. Tehsil/Taluka:

5. District:

Nature of community rights enjoyed:

1. Community rights such as nistar, if any:

(See Section 3(1)(b) of the Act)

2. Rights over minor forest produce, if any:

(See Section 3(1)(c) of the Act)

3. Community rights

(a) Uses or entitlements (fish, water bodies), if any:

(b) Grazing, if any

(c) Traditional resource access for nomadic and pastoralist, if any:

(See Section 3(1)(g) of the Act)

4. Community tenures of habitat and habitation for PTGs and pre-agricultural communities, if any:

(See Section 3(1)(e) of the Act)

5. Right to access biodiversity, intellectual property and traditional knowledge, if any:

(See Section 3(1)(k) of the Act)

6. Other traditional right, if any:

(See Section 3(1)(l) of the Act)

7. Evidence in support:

(See Rule 13)

8. Any other information

Signature/Thumb Impression of the Claimant(s):



30


FORM – C24

CLAIM FORM FOR RIGHTS TO COMMUNITY FOREST RESOURCE

[See Section 3(1)(i) of the Act and Rule 11(1) and 4(a)]

1. Village/Gram Sabha:

2. Gram Panchayat:

3. Tehsil/Taluka:

4. District:

5. Name(s) of members of the gram sabha [Attach as separate sheet, with status of Scheduled Tribes/Other Traditional Forest Dwellers indicated next to each member].

Presence of few Scheduled Tribes/Other Traditional forest Dwellers is sufficient to make the claim.

We, the undersigned residents of this Gram Sabha hereby resolve that the area detailed below and in the attached map comprises our Community Forest Resource over which we are claiming recognition of our forest rights under Section 3(1)(i).

(Attach a map of the community forest resource, showing location, landmarks within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities to which the community had traditional access and which they have been traditionally protecting, regenerating, conserving and managing for sustainable use. Please note that this need not correspond to existing legal boundaries.)

6. Khasra/Compartment No.(s), if any and if known:

7. Bordering Villages:

(i)

(ii)

(iii)

(This may also include information regarding sharing of resources and responsibilities with any other villages.)

8. List of Evidence in Support (Please see Rule 13)

Signature/Thumb impression of the Claimant(s):

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012



31

Annexure II

[See Rule 8(h)]

TITLE FOR FOREST LAND UNDER OCCUPATION

1. Name(s) of holder(s) of forest rights (including spouse):

2. Name of the father/mother:

3. Name of dependents:

4. Address:

5. Village/gram sabha:

6. Gram Panchayat:

7. Tehsil/Taluka:

8. District:

9. Whether Scheduled Tribe or Other Traditional Forest Dweller

10. Area:

11. Description of boundaries by prominent landmarks including khasra/compartment No: This title is heritable, but not alienable or transferable under sub-section (4) of Section 4 of the Act.

We, the undersigned, hereby, for and on behalf of the Government of (Name of the State)…………affix our signatures to confirm the above forest right.

Divisional Forest Officer/ District Tribal Welfare Officer Deputy Conservator of Forests

District Collector/Deputy Commissioner

32


Annexure III

[See Rule 8(h)]

TITLE TO COMMUNITY FOREST RIGHTS

1. Name(s) of the holder(s) of community forest right:


3. Gram Panchayat:

4. Tehsil/Taluka:

5. District:

6. Scheduled Tribe/Other Traditional Forest Dweller:

7. Nature of community rights:

8. Conditions if any:

9. Description of boundaries including customary boundary and/or by prominent landmarks including khasra/compartment No:

Name(s) of the holder(s) of community forest right:

1. ……………………………………………………

2 ……………………………………………………

3. ……………………………………………………

We, the undersigned, hereby, for and on behalf of the Government of (Name of the State)…………affix our signatures to confirm the forest right as mentioned in the Title to the above mentioned holders of community forest rights.

Divisional Forest Officer/ District Tribal Welfare Officer Deputy Conservator of Forests

District Collector/Deputy Commissioner

33

Annexure IV25

TITLE TO COMMUNITY FOREST RESOURCES

[See Rule 8(i)]


2. Gram Panchayat:

3. Tehsil/Taluka:

4. District:

5. Scheduled Tribe/Other Traditional Forest Dweller: Scheduled Tribes community/Other Traditional Forest Dwellers community/Both

6. Description of boundaries including customary boundary, by prominent landmarks, and by khasra/compartment No:

Within the said area, this community has the right to protect, regenerate or conserve or manage, and this (to be named) community forest resources which they have been traditionally protecting and conserving for sustainable used as per Section 3(1)(i) of the Act. No conditions are being imposed on this right other than those in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act and the Rules framed thereunder.

We, the undersigned, hereby, for and on behalf of the Government affix our signatures to confirm the community forest resource (to be named and specified in extent, quantum, area, whichever is applicable) as mentioned in the Title to the above mentioned gram sabha/community(ies).

(Divisional Forest Officer/ (District Tribal Welfare Officer) Deputy Conservator of Forests)

(District Collector/Deputy Commissioner)


34


Annexure V26

FORMAT FOR FURNISHING QUARTERLY REPORT

[See Rule 10(c)]

1. Name of State

2. Status of Claims

a) Individual Rights

� Filed

� Accepted

� Rejected

� Pending

� Reasons for rejection with examples

� Corrective measures suggested

� Any other observations

� Extent of forest land covered (in Ha.)

� Status of updation of forest and revenue records under Section 3(1)(a) of the Act (in Ha.)

b) Community Forest Rights

� Filed

� Accepted

� Rejected

� Pending

� Extent of forest land covered

� Status of updation of forest and revenue record under Section 3(1)(b) to 3(1)(l) of the Act (in Ha.)

� Reasons for rejections with example

� Corrective measures suggested

� Any other observations

c) Details of Community Forest Resource being managed and by whom


35

d) Good Practices (if any)

e) Area diverted under Section 3(2) of the Act (in Ha.)

f ) Any other Remarks

(Chairman) (Member Secretary) State Level Monitoring Committee State Level Monitoring Committee

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1(E), dated the 1st January, 2008.

[F.No. 23011/32/2010-(Vol. II)]

Dr. Sadhana Rout, Joint Secretary

36


Forest Rights Act, 2006: Guidelines

37

Government of IndiaMinistry of Tribal Affairs

Guidelines on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The Act was notified for operation with effect from 31.12.2007 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 for implementing the provisions of the Act were notified on 1.1.2008.

Over a period of last four years of implementation of the Act, some problems impeding the implementation of the Act in its letter and spirit have come to the notice of the Ministry of Tribal Affairs, such as, convening of Gram Sabha meetings at the Panchayat level resulting in exclusion of smaller habitations not formally part of any village; non-recognition of un-hindered rights over the minor forest produce (MFP) to forest dwellers; non-recognition of other community rights; harassment and eviction of forest dwellers without settlement of their forest rights; rejection of claims by insisting on certain types of evidences, inadequate awareness about the provisions of the Act and the Rules etc.

In order to address the above concerns and with a view to ensure effective implementation of the Act, the following guidelines are issued on various aspects of implementation of the Act for compliance by all the State Governments/UT Administrations.

i. Process of Recognition of Rights:

a. The State Governments should ensure that on receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue Departments remain present during the verification of the claims and the evidence on the site.

b. In the event of modification or rejection of a claim by the Gram Sabha or by the Sub-Divisional Level Committee or the District Level Committee, the decision on the claim should be communicated to the claimant to enable the aggrieved person to prefer a petition to the Sub-Divisional Level Committee or the District Level Committee, as the case may be, within the sixty days period prescribed under the Act and no such petition should be disposed of against the aggrieved person, unless he has been given a reasonable opportunity to present his case.

38


c. The Sub-Divisional Level Committee or the District Level Committee should, if deemed necessary, remand the claim to the Gram Sabha for reconsideration instead of rejecting or modifying the same, in case the resolution or the recommendation of the Gram Sabha is found to be incomplete or prima-facie requires additional examination.

d. In cases where the resolution passed by the Gram Sabha, recommending a claim, is upheld by Sub-Divisional Level Committee, but the same is not approved by the District Level Committee, the District Level Committee should record the reasons for not accepting the recommendations of the Gram Sabha and the Sub-Divisional Level Committee, in writing, and a copy of the order should be supplied to the claimant.

e. On completion of the process of settlement of rights and issue of titles as specified in Annexures II, III & IV of the Rules, the Revenue/Forest Departments shall prepare a final map of the forest land so vested and the concerned authorities shall incorporate the forest rights so vested in the revenue and forest records, as the case may be, within the prescribed cycle of record updation.

f. All decisions of the Sub-Divisional Level Committee and District Level Committee that involve modification or rejection of a Gram Sabha resolution/recommendation should be in the form of speaking orders.

g. The Sub-Divisional Level Committee or the District Level Committee should not reject any claim accompanied by any two forms of evidences, specified in Rule 13, and recommended by the Gram Sabha, without giving reasons in writing and should not insist upon any particular form of evidence for consideration of a claim. Fine receipts, encroacher lists, primary offence reports, forest settlement reports, and similar documentation rooted in prior official exercises, or the lack thereof, would not be the sole basis for rejection of any claim.

h. Use of any technology, such as, satellite imagery, should be used to supplement evidences tendered by a claimant for consideration of the claim and not to replace other evidences submitted by him in support of his claim as the only form of evidence.

i. The status of all the claims, namely, the total number of claims filed, the number of claims approved by the District Level Committee for title, the number of titles actually distributed, the number of claims rejected, etc. should be made available at the village and panchayat levels through appropriate forms of communications, including conventional methods, such as, display of notices, beat of drum etc.

j. A question has been raised whether the four hectare limit specified in Section 4(6) of the Act, which provides for recognition of forest rights in respect of the land mentioned in clause (a) of sub-section (1) of Section 3 of the Act, applies to other forest rights mentioned in Section 3(1) of the Act. It is clarified that the four hectare limit specified in Section 4(6) applies to rights under Section 3(1)(a) of the Act only and not to any other right under Section 3(1), such as conversion of pattas or leases, conversion of forest villages into revenue villages etc.

39


ii. Minor Forest Produce:

a. The State Governments should ensure that the forest rights relating to MFPs under Section 3(1)(c) of the Act are recognized in respect of all MFPs, as defined under Section 2(i) of the Act, in all forest areas, and state policies are brought in alignment with the provisions of the Act. Section 2(i) of the Act defines the term “minor forest produce” to include “all non-timber produce of plant origin, including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers, and the like”.

b. The monopoly of the Forest Corporations in the trade of MFP in many States, especially in case of high value MFP, such as, tendu patta, is against the spirit of the Act and should henceforth be done away with.

c. The forest right holders or their cooperatives/federations should be allowed full freedom to sell such MFPs to anyone or to undertake individual or collective processing, value addition, marketing, for livelihood within and outside forest area by using locally appropriate means of transport.

d. The State Governments should exempt movement of all MFPs from the purview of the transit rules of the State Government and, for this purpose, the transit rules be amended suitably. Even a transit permit from Gram Sabha should not be required. Imposition of any fee/charges/royalties on the processing, value addition, marketing of MFP collected individually or collectively by the cooperatives/federations of the rights holders would also be ultra vires of the Act.

e. The State Governments need to play the facilitating role in not only transferring unhindered absolute rights over MFP to forest dwelling Scheduled Tribes and other traditional forest dwellers but also in getting them remunerative prices for the MFP, collected and processed by them.

iii. Community Rights:

a. The District Level Committee should ensure that the records of prior recorded nistari or other traditional community rights (such as Khatian part II in Jharkhand, and traditional forest produce rights in Himachal and Uttarakhand) are provided to Gram Sabhas, and if claims are filed for recognition of such age-old usufructory rights, such claims are not rejected except for valid reasons, to be recorded in writing, for denial of such recorded rights;

b. The District Level Committee should also facilitate the filing of claims by pastoralists before the concerned Gram Sabha(s) since they would be a floating population for the Gram Sabha(s) of the area used traditionally.

c. In view of the differential vulnerability of Particularly Vulnerable Tribal Groups (PTGs) amongst the forest dwellers, District Level Committee should play a pro-active role in ensuring that all PTGs receive habitat rights in consultation with the concerned PTGs’ traditional institutions and their claims for habitat rights are filed before the concerned Gram Sabhas.

40


d. The forest villages are very old entities, at times of pre-independent era, duly existing in the forest records. The establishment of these villages was in fact encouraged by the forest authorities in the pre-independent era for availability of labour within the forest areas. The well defined record of each forest village, including the area, number of inhabitants, etc. exists with the State Forest Departments. There are also unrecorded settlements and old habitations that are not in any Government record. Section 3(1)(h) of the Act recognizes the right of forest dwelling Scheduled Tribes and other traditional forest dwellers relating to settlement and conversion on forest villages, old habitation, un-surveyed villages and other villages and forests, whether recorded, notified or not into revenue villages. The conversion of all forest villages into revenue villages and recognition of the forest rights of the inhabitants thereof should actually have been completed immediately on enactment of the Act. The State Governments may, therefore, convert all such erstwhile forest villages, unrecorded settlements and old habitations into revenue villages with a sense of urgency in a time bound manner. The conversion would include the actual land-use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities, public spaces etc. Records of the forest villages maintained by the Forest Department may thereafter be suitably updated on recognition of this right.

iv. Community Forest Resource Rights:

a. The State Government should ensure that the forest rights under Section 3(1)(i) of the Act relating to protection, regeneration or conservation or management of any community forest resource, which forest dwellers might have traditionally been protecting and conserving for sustainable use, are recognized in all villages and the titles are issued as soon as the prescribed Forms for claiming Rights to Community Forest Resource and the Form of Title for Community Forest Resources are incorporated in the Rules. Any restriction, such as, time limit, on use of community forest resources other than what is traditionally imposed would be against the spirit of the Act.

b. In case no community forest resource rights are recognized in a village, the reasons for the same should be recorded. Reference can be made to existing records of community and joint forest management, van panchayats, etc. for this purpose.

c. The Gram Sabha would initially demarcate the boundaries of the community forest resource as defined in Section 2(a) of the Act for the purposes of filing claims for recognition of forest right under Section 3(1)(i) of the Act.

d. The Committees constituted under Rule 4(e) of the Forest Rights Rules, 2008 would work under the control of Gram Sabha. The State Agencies should facilitate this process.

e. Consequent upon the recognition of forest right in Section 3(i) of the Act to protect, regenerate or conserve or manage any community forest resource, the powers of the Gram Sabha would be in consonance with the duties as defined in Section 5(d), wherein the Gram Sabha is empowered to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the bio-diversity. Any activity that prejudicially affects the wild-life, forest and bio-diversity in forest area would be dealt with under the provisions of the relevant Acts.

41


v. Protection against Eviction, Diversion of Forest Lands and Forced Relocation:

a. Section 4(5) of the Act is very specific and provides that no member of a forest dwelling Scheduled Tribe or other traditional forest dwellers shall be evicted or removed from the forest land under his occupation till the recognition and verification procedure is complete. This clause is of an absolute nature and excludes all possibilities of eviction of forest dwelling Scheduled Tribes or other traditional forest dwellers without settlement of their forest rights as this Section opens with the words “Save as otherwise provided”. The rationale behind this protective clause against eviction is to ensure that in no case a forest dweller should be evicted without recognition of his rights as the same entitles him to a due compensation in case of eventuality of displacement in cases, where even after recognition of rights, a forest area is to be declared as inviolate for wildlife conservation or diverted for any other purpose. In any case, Section 4(1) has the effect of recognizing and vesting forest rights in eligible forest dwellers. Therefore, no eviction should take place till the process of recognition and vesting of forest rights under the Act is complete.

b. The Ministry of Environment & Forests, vide their letter No.11-9/1998-FC(pt.) dated 30.07.2009, as modified by their subsequent letter of the same number dated 03.08.2009, has issued directions, requiring the State/UT Governments to enclose certain evidences relating to completion of the process of settlement of rights under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, while formulating unconditional proposals for diversion of forest land for non-forest purposes under the Forest (Conservation) Act, 1980. The State Government should ensure that all diversions of forest land for non-forest purposes under the Forest (Conservation) Act, 1980 take place in compliance with the instructions contained in the Ministry of Environment & Forest’s letter dated 30.07.2009, as modified on 03.08.2009.

c. There may be some cases of major diversions of forest land for non-forest purposes under the Forest (Conservation) Act, 1980 after the enactment of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 but before the issue of Ministry of Environment & Forests’ letter dated 30.07.2009, referred to above. In case, any evictions of forest dwelling Scheduled Tribes and other traditional forest dwellers have taken place without settlement of their rights due to such major diversions of forest land under the Forest (Conservation) Act, 1980, the District Level Committees may be advised to bring such cases of evictions, if any, to the notice of the State Level Monitoring Committee for appropriate action against violation of the provisions contained in Section 4(5) of the Act.

d. The Act envisages the recognition and vesting of forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers over all forest lands, including National Parks and Sanctuaries. Under Section 2(b) of the Act, the Ministry of Environment & Forests is responsible for determination and notification of critical wildlife habitats in the National Parks and Sanctuaries for the purpose of creating inviolate areas for wildlife conservation, as per the procedure laid down. In fact, the rights of the forest dwellers residing in the National Parks and Sanctuaries are required to be recognized without waiting of notification of critical wildlife habitats in these areas. Further, Section 4(2) of the Act provides for certain safeguards for protection of the forest rights of the forest rights holders recognized under the Act in the critical wildlife habitats of National Parks and Sanctuaries, when their

42


rights are either to be modified or resettled for the purposes of creating inviolate areas for wildlife conservation. No exercise for modification of the rights of the forest dwellers or their resettlement from the National Parks and Sanctuaries can be undertaken, unless their rights have been recognized and vested under the Act. In view of the provisions of Section 4(5) of the Act, no eviction and resettlement is permissible from the National Parks and Sanctuaries till all the formalities relating to recognition and verification of their claims are completed. The State/UT Governments may, therefore, ensure that the rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers, residing in National Parks and Sanctuaries are recognized first before any exercise for modification of their rights or their resettlement, if necessary, is undertaken and no member of the forest dwelling Scheduled Tribe or other traditional forest dweller is evicted from such areas without the settlement of their rights and completion of all other actions required under Section 4(2) of the Act.

e. The State Level Monitoring Committee should monitor compliance of the provisions of Section 3(1)(m) of the Act, which recognizes the right to in situ rehabilitation including alternative land in cases where the forest dwelling Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land without receiving their legal entitlement to rehabilitation, and also of the provisions of Section 4(8) of the Act, which recognizes their right to land when they are displaced from their dwelling and cultivation without land compensation due to State development interventions.

vi. Awareness-Raising, Monitoring and Grievance Redressal:

a. Each State should prepare suitable communication and training material in local language for effective implementation of the Act.

b. The State Nodal Agency should ensure that the Sub Divisional Level Committee and the District Level Committee make district-wise plans for trainings of revenue, forest and tribal welfare departments’ field staff, officials, Forest Rights Committees and Panchayat representatives. Public meetings for awareness generation in those villages where process of recognition is not complete need to be held.

c. In order to generate awareness about the various provisions of the Act and the Rules, especially the process of filing petitions, the State Government should organize public hearings on local bazaar days or at other appropriate locations on a quarterly basis till the process of recognition is complete. It will be helpful if some members of Sub Divisional Level Committee are present in the public hearings. The Gram Sabhas also need to be actively involved in the task of awareness raising.

d. If any forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or Gram Sabha through a resolution against any higher authority or Committee or officer or member of such authority or Committee gives a notice as per Section 8 of the Act regarding contravention of any provision of the Act or any rule made thereunder concerning recognition of forest rights to the State Level Monitoring Committees, the State Level Monitoring Committee should hold an inquiry on the basis of the said notice within sixty days from the receipt of the notice and take action, if any, that is required. The complainant and the Gram Sabha should be informed about the outcome of the inquiry.

Revised - Social Justice.pdf - Grama Ward Sachivalayam

Documents

Transcript of Revised - Social Justice.pdf - Grama Ward Sachivalayam