Gazette of DNH And DD, No. 20, 13 June 2025

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भारत सरकार / Government of India

सरकारी रापित्र

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

प्राचकिरण द्वारा प्रकाचशत / PUBLISHED BY AUHTORITY

Daman 06th June, 2025 16 Jyaistha, 1947 (Saka) No. : 20

संघ प्रदे प्रासन / UT Administration of

दादरा और नगर हवेली और दमण एवं दीव

Dadra & Nagar Haveli and Daman & Diu

समाहताालय, पहली मंजलि, जलिा सचविालय, चसलवासा

Collectorate, First Floor, District Secretariat, Silvassa

No. ADM/LAW/280/RBD(A)Act,2023/2023/949 Dated: 29/05/2025

O R D E R

As per the Notification No. DPS/306(10-1)/2023-24/220 Dated 31/01/2025, the Collector, Dadra & Nagar Haveli is hereby pleased to designate the following officers to discharge such function conveyed to them by the Registration of Births and Deaths (Amendment) Act, 2023 and the Dadra & Nagar Haveli and Daman & Diu Registration of Births and Deaths (Amendment) Rules, 2025 made thereunder for the UT of Dadra & Nagar Haveli and Daman & Diu:

As per the Section 6(1) of RBD Act, the Additional District Registrar of Births and Deaths is hereby authorized to discharge functions of the District Registrar under the general control and direction of the District Registrar.

Sd/– (Priyank Kishore) Collector / District Magistrate Dadra and Nagar Haveli

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U.T. Administration of Dadra and Nagar Haveli

& Daman & Diu, Revenue Department

Office of the Collector, Silvassa.

FORM-II

[See Section 11(1) and Rule 5 (1)]

PRELIMINARY NOTIFICATION

No. LAQ/OIDC/Industrial-Estate/Part-II/2024/275/LAO/2025 Date: - 02/06/2025

Whereas, it appears to the appropriate Government that a total of 462937.00 Sq. Mtrs.

(standard measurement) land is required in Velugam Village of Dadra and Nagar Haveli for public purpose, namely, for the Development of Industrial Estate at Village Velugam. The Social Impact Assessment study was carried out by Social Impact Assessment (SIA) Unit and a report submitted/preliminary investigation was conducted by a team constituted by Collector as laid down under rule 4. The Summary of the Social Impact Assessment Report/preliminary investigation is as follows (Copy attached):

• The proposed land acquisition is for the bare minimum needed for the project, and

there are no other options for the project. These parcels of land are owned by a

number of private parties, both private and public, and the RFCTLARR Act 2013,

requires compensation in the form of the value of unoccupied land and other assets.

• The project will encourage infrastructure development while streamlining and

facilitating local and industrial transportation in the current environment. Due to the

establishment of employment opportunities both during and after the project's

completion, savings could be realized that are both tangible and intangible. Also, it

will have some socioeconomic advantages.

• The planned project's impact on various types of structures, as well as the acquisition

of private land, may entail social disturbance and economic loss for project-affected

families/people.

• While implementing the project, it is necessary to consider the project's disruptions

and losses, as well as their impact on people's socioeconomic conditions.

• If there are any alternatives to the proposed land acquisition, they should be

investigated. A plan of action for implementing mitigation measures to lessen the

severity of negative impacts can be developed. According to the results of the

socioeconomic survey, project affected families are willing to give up their land for

the project only if they are adequately compensated under the RFCTLARR Act 2013

or the RFCTLARR (Rehabilitation and Resettlement, Development Plan) Rules 2014

of the Administration of Dadra and Nagar Haveli.

The number of families that may/are likely to be displaced due to the land acquisition will be known only after the survey for R&R initiated U/s 16 of the RFCTLARR Act 2013.

The Resident Deputy Collector, Khanvel is appointed as Administrator for the purpose of Rehabilitation and Resettlement of the affected families vide Notification no. LAQ/RFCTLARRA, 2013-2015/174 dated 11/08/2015 u/s 44 (1) and Section 43(1) of the Act-2013. Therefore, it is notified that for the above-said project in Dadra & Nagar Haveli District, a piece of land Admeasuring 462937.00 Sq. Mtrs. (240927.00 Sq. Mtrs. of Private land and 222010.00 Sq. Mtrs. of Government land) of standard measurement, whose detail description is as following, is under acquisition:

Annexure-I

Village: -Velugam

Govt land Details:-

This Notification is made under the provisions of Section-11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), to all whom it may concern.

A plan of the land may be inspected in the Office of the Collector, Silvassa, Dadra & Nagar Haveli and the General Manager OIDC Ltd., Dadra & Nagar Haveli and Daman & Diu (Requiring Body) during the working day and working hours.

The Government is pleased to authorize Mamlatdar, Khanvel and his Talathi to enter upon and survey land, take levels of any land, dig or bore into the sub-soil and do all other acts required for the proper execution of their work as provided and specified in Section-12 of the said Act.

Under Section-11(4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc. or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.

Objections to the acquisition, if any, may be filed by the person interested within 60 (Sixty Days) from the date of publication of this notification as provided under Section-15 of the Act before Collector.

Encl: As above.

Place: Silvassa Date: 02/06/2025

Sd/– (Priyank Kishore) Collector, Dadra and Nagar Haveli Silvassa.

***

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Home Department,

Secretariat, Vidyut Bhawan,

Kachigam, Nani Daman

No. 1/Home/241/WPS-2018/2024-25/817 Dated 04/06/2025

NOTIFICATION

In exercise of powers conferred by Section 398 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) read with delegation of power received vide Notification No.S.O. 2506(E) dated 28.06.2024, issued by the Ministry of Home Affairs, Govt. of India and in pursuance of Judgment dated 05.12.2018, passed by the Hon'ble Supreme Court in Writ Petition (Criminal) No. 156 of 2016- [Mahender Chawla & Ors. -Vs- Union of India & Others], the Administrator, Dadra and Nagar Haveli and Daman and Diu is hereby pleased to frame the following Scheme namely :-

1. SHORT TITLE AND COMMENCEMENT:

i. This Scheme may be called the "Dadra and Nagar Haveli and Daman and Diu Witness Protection Scheme 2025".

ii. This Scheme shall come into force on the date of its publication in the Official Gazette of Union Territory of Dadra and Nagar Haveli and Daman and Diu.

PART - I

2. DEFINITION: In this Scheme, unless the context otherwise requires:

a. "Sanhita" means Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023);

b. "Family Member" includes parents / guardian, spouse, live-in-partner; siblings, children, grand children of the witnesses;

c. "Concealment of identity of Witness(es)" means and includes any condition prohibiting publication or revealing, in any manner, directly or indirectly of the name, address and other particulars, which may lead to the identification of the witness(es) during the investigation, trial and post-trial stage;

d. "Competent Authority" means a Standing Committee in each District chaired by District and Sessions Judge as Chairperson with Head of Police in the District as Member and Head of Prosecution in the District as its Member Secretary.

e. "Form" means "Witness Protection Application Form" appended to this Scheme;

f. "In Camera Proceedings" means proceedings wherein the Competent Authority / Courts allows only those persons who are necessarily to be present while hearing and deciding the witness protection application or deposing in Court;

g. "Live Link" means and include a live video link or other such arrangement whereby a witness, while not being physically present in the Court Room for deposing in the matter or interacting with the Competent Authority;

h. "Witness Protection Measures" means measure spelt out in Clause 7, Part-III, Part-IV and Part-V of the Scheme.

i. "Offence" means those offenses, which are punishable with death or life imprisonment or an imprisonment upto 7 years and above and also offences punishable under Sections 74, 75, 76, 77, 78 & 79 of BNS;

j. "Threat Analysis Report" means a detailed report prepared and submitted by Head of Police in the District investigating the case with regard to the seriousness and credibility of the threat perception to the witness or his / her family members. It shall contain specific details about the nature of threats faced by the witness or his / her family to their life, reputation or property apart from analyzing the extent, the person(s) making the threat, have the intent, motive and resources to implement the threats. It shall also categorize the threat perception apart from suggesting the specific witness protection measures, which deserve to be taken in the matter;

k. "Witness" means any person, who possesses information or document about any offence;

l. "Witness Protection Application" means an application moved by the witness in the prescribed form before a Competent Authority through its Member Secretary for seeking Witness Protection Order. It can be moved by the witness, his / her family member(s), his / her duly engaged Counsel or I.O/SHO/SDPO/Jail Superintendent concerned;

m. "Witness Protection Fund" means the fund created for bearing the expenses incurred during the implementation of Witness Protection Order passed by the Competent Authority under this Scheme;

n. "Witness Protection Order" means an order passed by the Competent Authority detailing the witness protection measures to be taken;

o. "Witness Protection Cell" means a dedicated Cell, constituted in each district of Union Territory of Dadra and Nagar Haveli and Daman and Diu to implement witness protection orders, passed by the Competent Authority and to ensure the safety and security of witnesses in criminal cases, in order to facilitate the investigation, prosecution and trial of criminal offences, without witnesses being intimidated or frightened to give evidence.

The words and expressions used in this Clause and not defined here, shall have the same meaning as assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023).

PART – II

3. CATEGORIES OF WITNESSES AS PER THREAT PERCEPTION:

CATEGORY – "A":

Where the threat extends to life of witness or his / her family members, during investigation / trial or thereafter.

CATEGORY – "B":

Where the threat extends to safety, reputation or property of the witness or his / her family members during the investigation / trial or thereafter.

CATEGORY –"C":

Where the threat is moderate and extends to harassment or intimidation of the witness or his / her family members, reputation or property, during the investigation / trial or thereafter.

4. STATE WITNESS PROTECTION FUND:

a. There shall be a Fund namely, the Witness Protection Fund from which the expenses incurred during the implementation of the Witness Protection Order, passed by the Competent Authority and other related expenditure shall be met.

b. The Witness Protection Fund shall comprise the following:

i. Budgetary allocation shall be made in the Annual Budget by the U.T. Administration of Dadra and Nagar Haveli and Daman and Diu;

ii. Receipt of amount of cost imposed / ordered to be deposited by the Courts / Tribunals in the Witness Protection Fund;

iii. Donation of contribution from Philanthropists / Charitable Institutions / Organisations and individuals permitted by the Government ;

iv. Funds contributed under Corporate Social Responsibility ;

c. The fund shall be operated by the DDO, Police Head Quarter, Dadra and Nagar Haveli and Daman and Diu Administration.

5. FILING OF APPLICATION BEFORE COMPETENT AUTHORITY :

The application for seeking protection order under this Scheme can be filed in the prescribed form (Annexure-A) before the Competent Authority of the concerned District, (where the offence is committed) through its Member Secretary along with supporting document(s), if any.

6. PROCEDURE FOR PROCESSING THE APPLICATION :

a. As and when an application is received by the Member Secretary of the Competent Authority in the prescribed form, he shall forthwith pass an order for calling for the threat AnalysisSERIES – II No. 20 THE GAZETTE OF DNH & DD Page 11 Report from the Sub-Divisional Police Officer (SDPO) of the concerned Police Sub- Division.

b. Depending upon the urgency in the matter owing to imminent threat, the Competent Authority can pass orders of interim protection of the witness or his / her family members during the pendency of the application:

Provided that nothing shall preclude police from providing immediate protection in case of grave and imminent threat to the life of the applicant and his/ her family members.

c. The Threat Analysis Report shall be prepared expeditiously while maintaining full confidentiality and it shall reach the Competent Authority within 05 working days of receipt of the Order.

d. The Threat Analysis Report shall categorize the threat perception and also include suggestive protection measures for providing adequate protection to the witnesses or his / her family members.

e. While processing the application for witness protection, the Competent Authority shall also interact preferably in person and if not possible through electronic means with the witness and / or his / her family members / employees or any other persons deemed fit, so as to ascertain the witness protection needs of the witness.

f. All the hearings on Witness Protection Application shall be held in-camera by the Competent Authority while maintaining full confidentiality.

g. An application shall be disposed of within 05 working days of receipt of Threat Analysis Report from the Sub-Divisional Police Officer (SDPO) of the concerned Police Sub- Division.

h. The Witness Protection Order passed by the Competent Authority shall be implemented by the Witness Protection Cell of the concerned District or the Trial Court, as the case may be.

Overall responsibility of implementation of all Witness Protection Orders, passed by the Competent Authority shall lie on the Head of the Police of the concerned District of U.T. of Dadra and Nagar Haveli and Daman and Diu.

However, the Witness Protection Order, passed by the Competent Authority for change of identity and / or relocation, shall be implemented by Home Department of Dadra and Nagar Haveli and Daman and Diu Administration.

i. Upon passing of a Witness Protection Order(s), the Witness Protection Cell shall file a monthly follow-up report before the Competent Authority.

j. In case the Competent Authority finds that there is a need to revise the Witness Protection Order or an application is moved in this regard and upon completion of trial, a fresh Threat Analysis Report shall be called from the Sub-Divisional Police Officer (SDPO) of the concerned Police Sub-Division.

7. TYPES OF PROTECTION MEASURES

The witness protection measures ordered shall be proportionate to the threat and shall be for a specific duration not exceeding three months at a time. This may include :

a. Ensuring that witness and accused do not come face to face during investigation or trial;

b. Monitoring of mails and telephone calls;

c. Arrangement with the telephone company to change the witness telephone numbers or assign him / her an unlisted telephone number;

d. Installation of security device in the witness's home such as security doors, CCTVs, Alarms, Fencing etc.

e. Concealment of identity of the witness by referring to him / her with the changed name or alphabet;

f. Emergency contact persons for the witness;

g. Close protection, regular patrolling around the witness's house;

h. Temporary change of residence to a relative's house or nearby town;

i. Escort to and from the Court and provision of Govt. Vehicle or the Govt. funded conveyance for the date of hearing:

j. Holding of in-camera trials;

k. Allowing a support person to remain present during recording of statement and deposition;

l. Usage of specially designed vulnerable witness Court Rooms which have special arrangements like live video links, one-way mirrors and screens apart from separate passages for witnesses and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness's voice, so that he / she is not identifiable;

m. Ensuring expeditious recording of deposition during trial on a day-to-day basis without adjournments;

n. Awarding time to time periodical financial aids / grants to the witness from Witness Protection Fund for the purpose of relocation, sustenance or starting a new vocation / profession as may be considered necessary;

o. Any other form of protection measures considered necessary.

8. MONITORING AND REVIEW

Once the protection order is passed, the Competent Authority would monitor its implementation and can review the same in terms of follow-up reports received in the matter. However, the Competent Authority shall review the Witness Protection Orders on quarterly basis, based on the monthly follow- up reports submitted by the Witness Protection Cells.

PART - III

9. PROTECTION OF IDENTITY :

i. During the course of investigation or trial of any offence, an application for seeking identity protection can be filed in the prescribed form before the Competent Authority, through its Member Secretary.

ii. Upon receipt of such application, the Member Secretary of the Competent Authority shall call for the Threat Analysis Report. The Competent Authority shall examine the witness or his / her family members or any other person(s) it deem fit to ascertain whether there is necessity to pass an identity protection order.

iii. During the course of hearing of the application, the identity of the witness shall not be revealed to any other person, which is likely to lead to the witness identification. The Competent Authority can thereafter dispose of the application as per the material available on record.

iv. Once, an order for protection of identity of witness is passed the Competent Authority, it shall be the responsibility of the Witness Protection Cell to ensure that identity of such witness / his or her family members including name / percentage / occupation / address / digital foot prints are fully protected

v. As long as identity of any witness is protected under an order of the Competent Authority, the Witness Protection Cell shall provide details of persons, who can be contacted by the witness in case of emergency.

PART - IV

10. CHANGE OF IDENTITY :

In appropriate cases, where there is a request from the witness for change of identity and based on the Threat Analysis Report, a decision can be taken for conferring a new identity to the witness by the Competent Authority.

Conferring new identities include name / profession / parentage and providing supporting documents acceptable by the Government Agencies. The new identities should not deprive the witness from existing educational / professional / property rights.

PART - V

11. RELOCATION OF WITNESS :

In appropriate cases, where there is a request from the witness for relocation and based on the Threat Analysis Report, a decision can be taken for relocation of the witness by the Competent Authority.

The Competent Authority may pass an order for witness relocation to a safer place within the Union Territory of Dadra and Nagar Haveli and Daman and Diu or any Territory of Indian Union, keeping in view of the safety, welfare and wellbeing of the witness. The expenses shall be borne from the Witness Protection Fund.

PART - VI

12. WITNESS TO BE APPRAISED OF THE SCHEME:

UT Administration of Dadra & Nagar Haveli and Daman & Diu shall give wide publicity to this scheme. The Investigating Officers and the Courts shall inform witnesses about the existence of "Witness Protection Scheme" and its salient features.

13. CONFIDENTIALITY AND PERSERVATION OF RECORDS :

All stakeholders including the Police, the Prosecution Department, Court Staff, Lawyers from both sides shall maintain full confidentiality and shall ensure that under no circumstances, any record, document or information in relation to the proceedings under this Scheme shall be shared with any person in any manner except with the Trial Court / Appellate Court and that too, on a written order from the Competent Authority.

All the records pertaining to proceedings under this Scheme shall be preserved till such time the related trial or appeal thereof is pending before a Court of Law. After one year of disposal of the last Court proceedings, the hard copy of the records can be weeded out by the Competent Authority after preserving the scanned soft copies of the same.

14. RECOVERY OF EXPENSES :

In case the witness has lodged a false complaint, the Home Department of Dadra and Nagar Haveli and Daman and Diu Administration can initiate proceedings for recovery of the expenditure incurred from the Witness Protection Fund.

15. REVIEW

In case the witness or the police authorities are aggrieved by the decision of the Competent Authority, a Review Application with grounds / supporting documents may be filed before the Competent Authority to review its decision, within 15 days of passing the orders by the Competent Authority.

By Order and in the name of the Administrator of Dadra & Nagar Haveli and Daman & Diu

Sd/– ( Ashish Mohan ) Director – cum – Joint Secretary (Home), Dadra & Nagar Haveli and Daman & DiuSERIES – II No. 20 THE GAZETTE OF DNH & DD Page 16

ANNEXURE- A

APPLICATION FORM FOR WITNESS PROTECTION

(To be filled in duplicate)

The Competent Authority, District ……………... Dadra and Nagar Haveli and Daman and Diu.

Application for :

1. Witness Protection

2. Witness Identity Protection

3. New Identity

4. Witness Relocation

• Applicant/witness can use extra sheets for giving additional information.

_________________ (Full Name with Signature)

Date : ……………………….

Place : ………………………

UNDERTAKING

1. I undertake that I shall fully cooperate with the competent authority and the Home Department of Dadra and Nagar Haveli and Daman and Diu and Witness Protection Cell.

2. I certify that the information provided by me in this application is true and correct to my best knowledge and belief.

3. I understand that in case, information given by me in this application is found to be false, competent authority under the scheme reserves the right to recover the expensed incurred on me from out of the Witness Protection Fund.

________________________ (Full Name with Signature)

Date : ………………………. Place : ………………………

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.