Gazette of DNH And DD, No. 20, 03 June 2021

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 21st May, 2021 31 Vaisakha, 1943 (Saka) No. : 20

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Fort Area,

Moti Daman – 396 220.

No.1/Home/Prisons/18/21-22(Pre-Mature Release)Part-I/527 Dated:- 28/04/2021.

Read: Letter No. 17013/23/2020-PR dated 03-09-2020 of the Deputy Secretary, Government of

India, Ministry of Home Affairs, Women Safety Division, New Delhi.

Sub: Guidelines for premature release under the "14 Years Rule" of Prisoners serving

life sentence.

Ref: 1)Notification No. Home/Prisons (P.M.R.)Part-I/18/2017-18/1190 dated 20/09/2017.

2) Notification No.RD/Jail/Pre-Mature/Release /2018/98 dated 24/09/2018.

NOTIFICATION

In supersession of earlier Notifications referred at (1) & (2) above and in exercise of the power conferred under section 432 of Criminal Procedure Code, 1973, the Administrator of Dadra & Nagar Haveli and Daman & Diu is hereby pleased to adopt the following guidelines for premature release of Prisoners of U.T. of Dadra & Nagar Haveli and Daman & Diu as specified / indicated in Annexure-I & II.

(1) These guidelines will be applicable from the date of issue of the Notification. These guidelines will be applicable in the normal course to the convicts undergoing life sentence and those having good behaviour while undergoing the sentence.

(2) In case of life convicts covered under these guidelines, the process of review shall commence after completion of 12 years of actual imprisonment for review under ―14 years Rule‖ to which provisions of section 433-A of the Code of Criminal Procedure 1973 are applicable and after completion of eight years to which provisions of section 433-A of the code is not applicable. The Prisoners convicted for offences against Union Territory or in terroristSERIES – II No. 20 THE GAZETTE OF DNH & DD Page 2 activities or organized crime or similar nature of activities will not be selected for open prison.

(3) If there is a difference of opinion between the Union Territory Level Committee and the Inspector General of Prison, the Inspector General of Prison shall record the specific reasons in support of his recommendations.

(4) The Union Territory of Dadra & Nagar Haveli and Daman & Diu reserves its right to remit any sentence to release the prisoners, only after undergoing imprisonment in excess for which there is no specific guideline as mentioned in the annexure.

The UT Level Committee (UTLC) shall consist of the following members for recommending premature release of life convicts in appropriate cases:

1. Secretary (Home), Dadra & Nagar Haveli and Daman & : Chairman

Diu.

2. Inspector General of Police / Deputy Inspector General : Member

of Police, Dadra & Nagar Haveli and Daman & Diu.

3. Collector, Dadra & Nagar Haveli for Dadra & Nagar : Member

Haveli District.

4. Collector, Daman for Daman District.

: Member

5. Collector, Diu for Diu District.

: Member

6. Inspector General (Prisons), Dadra & Nagar Haveli and : Member Secretary Daman & Diu.

7. Law Secretary, Dadra & Nagar Haveli and Daman & : Member

Diu.

8. Secretary Social Welfare, Dadra & Nagar Haveli and : Member

Daman & Diu.

9. Psychologist to be nominated by the Director of Medical : Member

& Health Services, Dadra & Nagar Haveli and Daman &

Diu. Criminologist / Correctional Administration Expert

to be nominated by Inspector General (Prisons), Dadra

& Nagar Haveli and Daman & Diu.

The procedure for processing the cases for consideration of the UT Level Committee will be as under:

(i) PROCEDURE:

For every life convict eligible for eventual consideration by the UTLC under the rules. (a) Every Superintendent of Sub Jail, in-charge of a prison shall intimate the case of a prisoners at least three months in advance of his/her becoming eligible for consideration for premature release as per the criteria laid down by the U.T. Administration in this behalf.

(b) The Superintendent Sub Jail shall prepare a comprehensive note for each prisoner, giving his family and social background as per the record of the case, the offence for which he was convicted and sentenced, and the circumstance under which the offence was committed.

(c) The Superintendent of Sub Jail shall reflect fully about the conduct and behaviour of the prisoner in the prison during the period of his incarceration, and during his/her release on probation/leave, change in his/her behavioural/pattern and prison offence, if any committed bySERIES – II No. 20 THE GAZETTE OF DNH & DD Page 3 him/her and punishment awarded to him for such offences. A report shall also be made about his physical, mental health or any serious ailment with which the prisoner is suffering entitling him for premature release as a special case. The note shall also contain recommendation of the Superintendent Sub Jail, whether he favours for the premature release of the prisoner or not. In either case, it shall be supported by adequate reasons.

(d) The Superintendent of Sub Jail shall make reference to the Sub Divisional Police Officer of the district where the prisoner was ordinarily residing at the time of commission of the offence, for which he was convicted and sentenced or where he is likely to resettle after his release from the jail. However, in case the place where the prisoner was ordinarily residing at the time of commission of the offence is different from the place where he committed the offence, reference shall also be made to the Sub Divisional Police Officer of the district in which the offence was committed. In either case, he shall forward a copy of the note prepared by him to enable the Sub Divisional Police Officer to express his views in regard to the desirability of the premature release of the prisoner.

(e) On receipt of the reference, the concerned Sub Divisional Police Officer shall cause an inquiry to be made in the matter through senior Police Officer of appropriate rank and based on his own assessment shall make his recommendations. While making the recommendations the Sub Divisional Police Officer shall not act mechanically and oppose the premature release of the prisoner on untenable and hypothetical ground apprehensions. In case, the Sub Divisional Police Officer is not in favour of the premature release of the prisoner, he shall justify the same with cogent reasons and materials. He shall return the reference to the Superintendent of the concerned Sub jail not later than 30 days from the receipt of the reference.

(f) The Superintendent of Sub Jail shall also make reference to the Social Welfare Officer and shall forward to him a copy of his note. On receipt of the reference, the Social Welfare Officer shall either hold or cause to be held an inquiry through Social Welfare Officer in regard to the desirability of premature release of the prisoner having regard to his family and social background, his acceptability by his family members and the society, prospects of the prisoners for rehabilitation and leading a meaningful life as a good Citizen. He will not act mechanically and recommend each and every case for premature release. In either case he should justify his recommendation by reason/material. The Social Welfare Officer shall furnish his report/recommendations to the Superintendent of Sub Jail not later than 30 days from the receipt of the reference.

(g) On receipt of the report/recommendations of the Sub Divisional Police Officer and Social Welfare Officer, the Superintendent of Sub Jail shall put up the case to the Inspector General of Prisons at least one month in advance of the proposed meeting of the Sentence Review Board. The Inspector General of Prisons shall examine the case bearing in mind the report/recommendations of the Superintendent of Sub Jail, Sub Divisional Police Officer and the Social Welfare Officer and shall make his own recommendations with regard to the premature release of the prisoner or otherwise keeping in view the general or special guidelines laid down by the Government of the Sentence Review Board. Regard shall also be had to various norms laid down and guidelines given by the Apex Court and various High Court in the matter of premature release of prisoners.

(ii) PERIODICITY OF THE BOARD'S MEETING:

The UTLC shall meet at least once in three months at the UT Headquarter on a date to be notified to its members at least 10 days in advance by the Member Secretary. The notice of such a meeting shall be accompanied by complete agenda.

(iii) The cases put forward to the UTLC shall be considered even when one or more members of the Committee are not able to attend the meeting or when there is a vacancy on the Committee.

The quorum shall comprise of 4 members and the UTLC shall not take any decisions when the quorum is not complete.

(iv) The Chairman of the UTLC can convene a meeting of the Committee more frequently, even at short notices, if necessary.

By order and in the name of the Administrator, Dadra & Nagar Haveli and Daman & Diu.

Sd/- (Ashish Mohan), Director-cum- Joint Secretary (Home), Dadra & Nagar Haveli and Daman & Diu.

ANNEXURE – I

GUIDELINES FOR PREMATURE RELEASE OF PRISONSERS SENTENCED TO LIFE

IMPRISONMENT OR TO DEATH PENALTY COMMUTED TO LIFE IMPRISONMENT

ANNEXURE – II

PERSONS GUILTY OF OFFENCES NOT INVOLVING MURDER WHO ARE SENTENCED

TO LIFE IMPRISONMENT WHERE SECTION 433 (A) OF CRPC IS NOT APPLICABLE.

***

U.T. ADMINISTRATION OF DADRA & NAGAR

HAVELI AND DAMAN & DIU

REVENUE DEPARTMENT,

COLLECTORATE, DAMAN.

No.3/73/2019/LND-ACQ/2019-20/2131 Dated: 07/05/2021

N O T I C E

WHEREAS, vide Preliminary Notification No.3/73/2019/LND-ACQ/2019-20/8655 dated 19/11/2020, it was Notified under section 11 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, that the land described in the schedule hereto (thereafter referred to as the said land/lands) were needed or likely to be needed for the public purpose, namely for the purpose of widening of Road from Somnath Junction upto Kachigam Zari Bridge, Nani Daman.

WHEREAS, a report was submitted to the Government Authority i.e. Administrator of Daman & Diu for the proceed with acquisition process and the same has been approved by the Appropriate Government i.e. Administrator of Daman & Diu.

WHEREAS, vide Declaration No.3/73/2019/LND-ACQ/2019-20/1900 dated 29/04/2021, it was declared under the provision of Section 19 of the Land Acquisition, Rehabilitation Act that the said lands are required for the public purpose, and namely for the purpose of widening of Road from Somnath Junction upto Kachigam Zari Bridge, Nani Daman.

WHEREAS, in connection with acquisition of land admeasuring 23517.00 sq. mtrs. for widening of Road from Somnath Junction upto Kachigam Zari Bridge, Nani Daman, the Administration of Daman intends to take possession of the land, the particulars of which are given in the declaration u/s 19(1) of the Right to Fair compensation & Transparency in Land Acquisition Rehabilitation and Resettlement (RFCTLARR) Act, 2013.

WHEREAS, under Section 21 of the RFCTLARR Act, 2013, the Government intend to take possession of the land on 07/06/2021 at 10.00 hrs., and claims to compensations and rehabilitation and resettlement for all interests in the land, has to be submitted to the Collector for disposal on or before 07/06/2021 at 15.00 hrs.

The details compensation on the land acquisition as per the Annexure – I, II & III are enclosed herewith.

WHEREAS, under sub section (1) & (2) of Section 22 of the said Act, the Collector may also require any such person to make or deliver to him a statement containing the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgage, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any received or receivable on account thereof for three years next preceding the date of statement, everySERIES – II No. 20 THE GAZETTE OF DNH & DD Page 10 person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code (45 of 1860).

NOW THEREFORE, to facilitate causation of the above requirements, public notice is hereby served under section 21 of the RFCTLARR Act, 2013 that all persons having interest in the said land to appear personally or by agent or advocate before the Collector, Daman on 10/06/2021 at 11.00 A.M. and to state in writing and signed by the party or his agent, the following :

a) The nature of their respective interest in their land;

b) The amount and particulars of their claims to compensation for such interests;

c) Their objection if any to the measurements made and marked on the referred area.

Please take notice that as provided under sub section 22 of the aforesaid Act, every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of section 175 and 178 of the Indian Penal Code (45 of 1860).

Sd/– ( Dr. Rakesh Minhas ) Collector, Daman

–––––

* Compensation Under Dispute ** Mutation Entry

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

* Compensation Under Dispute

** Mutation Entry

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

* Compensation Under Dispute

** Mutation Entry

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

***

Administration of

Dadra and Nagar Haveli, U.T,

Department of Land Acquisition,

Silvassa.

No. LAQ/ICDS/Anganwadi/4/2019/191/REV(S)/2021 Dated: 11/05/2021

N O T I C E

WHEREAS, vide Preliminary Notification No. LAQ/ICDS/Anganwadi/4/2019/81/Rev(S)/2020 dated 04.03.2020, it was Notified under section 11 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, that the land described in the schedule hereto (thereafter referred to as the said land/lands) were needed or likely to be needed for the public purpose, namely for the purpose of Construction of Anganwadi Centre in various villages of Dadra and Nagar Haveli.

WHEREAS, a report was submitted to the Appropriate Government i.e. Hon'ble Administrator, Dadra & Nagar Haveli and Daman & Diu to proceed with acquisition process and the same has been approved by the Appropriate Government i.e. Administrator of Dadra & Nagar Haveli and Daman & Diu.

WHEREAS, vide Declaration No. LAQ/ ICDS/Anganwadi/4/2019/205 dated 09.03.2021, it was declared under the provision of Section 19 of the Land Acquisition and Rehabilitation Act that the said lands are required for the public purpose, and namely for the purpose of Construction of Anganwadi Centre in various villages of Dadra and Nagar Haveli.

WHEREAS, in connection with acquisition of land admeasuring 28000 Sq.mt. for Construction of Anganwadi Centre in various villages of Dadra and Nagar Haveli, the Administration of Dadra & Nagar Haveli and Daman & Diu intends to take possession of land, the particulars of which are given in the declaration u/s 19(1) of the Right to Fair compensation & Transparency in land Acquisition Rehabilitation and Resettlement (RFCTLARR) Act, 2013.

WHEREAS, under section 21 of the RFCTLARR Act, 2013, the Government intends to take possession of the land within 30 days from the date of issue of this Notice, and claims to compensations and rehabilitation and resettlement for all interests in the land, has to be submitted to the collector for disposal within 30 days from the date of issue of this Notice.

The details compensation on the land acquisition as per the Annexure- I is enclosed herewith.

WHEREAS, under sub section (1) & (2) of Section 22 of the said Act, the Collector may also require any such person to make or deliver to him a statement containing the name of every other person possessing any interest in the land or any part thereof as co-proprietor, mortgage, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any received or receivable on account thereof for three years next preceding the date of statement, every person required to make or deliver a statementSERIES – II No. 20 THE GAZETTE OF DNH & DD Page 55 under this section shall be deemed to be legally bound to do so within the meaning of section 175 and176 of the Indian Penal Code (45 of 1860).

NOW THEREFORE, to facilitate causation of the above requirements, public notice is hereby served under section 21 of the RFCTLARR Act, 2013 that all persons having interest in the said land to appear personally or by agent or advocate before the collector, Dadra and Nagar Haveli on 10/06/2021 at 11:00 am.

The objector shall state in objection the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement, if any, to the measurements made under section 20. The objections shall be made in writing and signed by the party or his agent.

Please take notice that as provided under sub section 22 of the aforesaid Act, every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of section 175 and 178 of the Indian Penal Code (45 of 1860).

Sd/- (Sandeep Kumar Singh) Collector Dadra and Nagar Haveli Silvassa

––––