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असाधारण
EXTRAORDINARY
Ĥाͬधकार से Ĥकाͧशत
PUBLISHED BY AUTHORITY
भाग II- खÖड 1
Part II-Section 1
केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन
ADMINISTRATION OF UNION TERRITORY OF LADAKH
THE ADMINISTRATION OF UNION TERRITORY OF LADAKH
HOME DEPARTMENT
Notification
Ladakh. The 5th of January, 2022
Ladakh Victim Assistance Scheme, 2022
S.O. 5. - In exercise of the powers conferred by Section 357A of the Code of Criminal Procedure, 1973 (Act 2 of
1974) read with S.O.1833(E) dated 13th August, 2012 and in supersession of SRO-229 dated 23rd April, 2013 the
Administrator of the Union Territory of Ladakh, hereby makes the following scheme for providing funds for the
लɮदाख, 06 जनवरȣ, 2022
LADAKH, THURSDAY, JANUARY, 06, 2022
भारतसरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-06012022-67
SG-LD-E-06012022-67
LADAKH GAZETTE : EXTRAORDINARY 2
purposes of Assistance to be given to the victim or his/her dependent(s) who have suffered loss or injury or both as a
result of the crime and who require rehabilitation; namely:-
1.
Short title and commencement-
(i)
This scheme may be called the Ladakh Victim Assistance Scheme, 2022.
(ii)
This scheme shall deemed to have come into force on 31.10.2019.
2.
Definitions- In this scheme, unless the context otherwise requires-
(i)
‘Act’ means the Code of Criminal Procedure, 1973 (Act 2 of 1974);
(ii)
‘Competent Authority’ means an authority who has been delegated powers to withdraw compensation
amount from Victims Compensation Fund and to release to the Member Secretary, U.T of Ladakh Legal
Services Authority.
(iii)
‘Dependent’ means wife or husband, father, mother, grandparents, unmarried daughter or minor children of
the victim as determined by the State Legal Services Authority or District Legal Services Authority on the
basis of the report of the Sub-Divisional Magistrate of the concerned area/ Station House Officer/
Investigating Officer or on the basis of material placed on record by dependent by way of affidavit or on its
own enquiry;
(iv)
‘State Legal Services Authority’, means Union Territory of Ladakh Legal Services Authority as constituted
under Section 6 of Legal Services Authorities Act 1987 and
‘District Legal Services Authority’, Ladakh means U.T of Ladakh Legal Services Authority or District
Legal Services Authority of U.T of Ladakh as shall be constituted under Section 9 of Legal Services
Authorities Act, 1987.
(v)
‘Victim’ means as defined in clause (wa) of Section 2 of the Code of Criminal Procedure,1973 including the
victim(s) of mob violence/lynching, offences committed under POCSO Act and the acid attack victims;
(vi)
‘Victim Compensation Fund’ means a fund segregated for disbursement to the victim as defined under this
Scheme out of Union Territory of Ladakh Victim Compensation Fund.
(vii)
‘Injury’ means any bodily injury or psychological injury or loss of earnings including loss of opportunity of
employment and education and expenses incurred on account of legal and medical expenses.
(viii) ‘Minor’ means a victim who has not completed the age of 18 years.
(ix)
‘Offence’ means offence committed against the victim punishable under IPC or any other law in force at the
time of commission of offence.
(x)
‘Penal Code’ means Indian Penal Code, 1860 (45 of 1860).
(xi)
‘Sexual Assault Victims’ means victim who has suffered mental or physical injury or both as a result of
sexual offence including Sections 376 (A) to (E), Section 354 (A) to (D), and Section 509 IPC.
(xii)
‘Victim/ Survivor of other crime’ means victim who has suffered physical or mental injury as a result of
any offence mentioned in the attached Schedule including Sections 304 B, Section 326 A, Section 498 A IPC
(in case of physical injury of the nature specified in the schedule) including the attempts and abetment, any
offence committed against the victim under the POCSO Act, any offence pertaining to mob lynching.
3.
VICTIMS COMPENSATION FUND-
(i)
There shall be constituted a Fund, to be called the Victim Compensation fund from which the amount of
compensation, as decided by the State Legal Services Authority or District Legal Services Authority, shall be
paid to the victim or the dependent(s) who have suffered loss or injury as a result of an offence and who
requires rehabilitation.
(ii) The “Victim Compensation Fund” shall comprise of the following:-
a) Budgetary allocation in the shape of Grants-in aid to SLSA for which necessary provision shall be made
in the Annual Budget by the Administration.
b) Amounts of fine imposed under Section 357 Cr.PC and ordered to be deposited by the Courts in the
Victim Compensation/ Assistance fund will be deposited into the Victim Compensation fund as
allocated by the UT Administration.
LADAKH GAZETTE : EXTRAORDINARY 3
c) The cost of the Assistance shall be recovered from the wrongdoer/ accused and shall be treated as
Public Demand to be recovered in accordance with the relevant provisions of law.
d) Any amount of cost ordered by Civil/ Criminal Tribunal to be deposited in this fund.
e) Donations/Contributions received from international/national/ philanthropist /charitable institutions/
organizations and individuals permitted by State or Central Govt.
f)
Contributions from companies under CSR (Corporate Social Responsibility)
(iii) The Fund shall be operated by the State Legal Services Authority.
4.
ELIGIBILITY FOR ASSISTANCE/ COMPENSATION-
The victim or his / her dependent(s) as the case may be, shall be eligible for grant of compensation after
following the criteria for the grant of assistance as prescribed under this scheme. However, compensation received
by the victim in any other scheme with regard to Section 357 B Cr.PC shall be taken into account while deciding the
quantum of compensation.
5.
PROCEDURE FOR GRANT OF ASSISTANCE-
Mandatory reporting of FIRs:- SHO/ SP/ Head of Police shall mandatorily share soft/ hard copy of FIR
immediately after its registration with SLSA/ DLSA qua commission of offence covered in this scheme which
includes Section 326 A, 354 A to 354 D, 376 A to 376 E, 304 B, 498 A IPC, offence pertaining to mob violence/
lynching, acid attacks, offence committed under POCSO Act (in case of physical injury committed under this
schedule) so that the State Legal Services Authority/ District Legal Services Authority can, in deserving cases may
suo-moto initiate preliminary verification of the facts for the purpose of grant of interim compensation.
The application for the award of interim/ final compensation can be made by the victim and/or his/her
dependents before concerned State Legal Services Authority or District Legal Services Authority. The said
application shall be filled in the prescribed proforma and supported by an affidavit, as appended with the present
Scheme alongwith the copy of First Information Report or criminal complaint of which cognizance is taken by the
Court and if available medical report, death certificate wherever applicable, copy of judgment/ recommendations of
the court, if the trial is over.
6.
PLACE OF FILING OF APPLICATION-
The application/ recommendation for compensation can be moved either before the State Legal Services
Authority or the concerned District Legal Services Authority or it can be filed online on the portal which shall be
created by State Legal Services Authority. The Member Secretary of State Legal Services Authority or the Secretary
District Legal Services Authority shall decide the application/recommendations moved before him/ her as per the
scheme.
Explanation: In case of acid attack victim, the deciding authority shall be Criminal Injury Compensation Board
which shall be formed by District Legal Services Authority as per the direction given by Hon’ble Supreme Court of
India in Laxmi Vs. Union of India W.P. CRML 129/2006 order dated 10.04.2015.
7.
RELIEFS THAT MAY BE GRANTED/ AWARDED BY THE STATE OR DISTRICT LEGAL SERVICES
AUTHORITY-
The SLSA or DLSA may award compensation to the victim or their dependent(s) to the extent as specified
in the schedule attached here to.
8.
FACTORS TO BE CONSIDERED WHILE AWARDING COMPENSATION-
While deciding the matter, the State Legal Services Authority / District Legal Services Authority may take
into consideration the following facts relating to loss/ injury suffered by the victim:-
LADAKH GAZETTE : EXTRAORDINARY 4
(i)
Gravity of the offence and severity of mental or physical harm or injury suffered by the victim;
(ii)
Expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health
including counselling of the victim, funeral, travelling during investigation/ inquiry/ trial (other than diet
money);
(iii)
Loss of educational opportunity as a consequence of the offence, including absence from school/ college due
to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;
(iv)
Loss of employment as a result of the offence, including absence from place of employment due to mental
trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;
(v)
The relationship of the victim to the offender, if any;
(vi)
Whether the abuse was a single isolated incidence or whether the abuse took place over a period of time;
(vii)
Whether victim became pregnant as a result of the offence, whether she had to undergo Medical Termination
of Pregnancy (MTP)/ give birth to a child, including rehabilitation needs of such child;
(viii) Whether the victim contracted a sexually transmitted disease (STD) as a result of the offence;
(ix)
Whether the victim contracted human immunodeficiency virus (HIV) as a result of the offence;
(x)
Any disability suffered by the victim as a result of the offence;
(xi)
Financial condition of the victim against whom the offence has been committed so as to determine her need
for rehabilitation and re-integration needs of the victim;
(xii)
In case of death, the age of deceased, her monthly income, number of dependents, life expectancy, future
promotional/ growth prospects etc.
(xiii) Or any other factor which the SLSA/ DLSA may consider just and sufficient.
9.
PROCEDURE FOR GRANT OF COMPENSATION-
(i)
Wherever, a recommendation is made by the Court for compensation under sub-sections (2) and/or (3) of
Section 357 A of the Code, or an application is made by any victim of his/her dependent(s), under sub-
section (4) of Section 357 A of the Code, to the State Legal Services Authority or District Legal Services
Authority, for interim compensation, it shall prima-facie satisfy itself qua compensation needs and identity of
the victim. As regards the final compensation, it shall examine the case and verify the contents of the claim
with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other
relevant information necessary for deciding the claim.
Provided that in deserving cases and in all acid attack cases, at any time after commission of the offence,
Member Secretary SLSA or Secretary, DLSA may suomoto or after preliminary verification of the facts
proceed to grant interim relief as may be required in the circumstances of each case.
(ii) The inquiry as contemplated under sub-section (5) of Section 357 A of the Code, shall be completed
expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition
or recommendation.
Provided that in cases of acid attack an amount of Rs One lakh shall be paid to the victim within 15 days of
the occurrence of such incident or the matter being brought to the notice of the SLSA/DLSA. The order
granting interim compensation shall be passed by SLSA/DLSA within 7 days of the matter being brought to
its notice and the SLSA shall pay the compensation within 8 days of passing of the order. Thereafter, an
amount of Rs 2 lakhs shall be paid to the victim as expeditiously as possible and positively within two
months of the first payment*.
Provided further that the victim may also be paid such further amount as is admissible under the scheme.
(iii) After consideration of the matter, the SLSA or DLSA, as the case may be, upon its satisfaction, shall decide
the quantum of compensation to be awarded to the victim or his/her dependent(s) taking into account the
factors enumerated in Clause 8 of the Scheme, as per schedule appended to this scheme. However, in
deserving cases, for reasons to be recorded, the upper limit may be exceeded.
LADAKH GAZETTE : EXTRAORDINARY 5
Moreover, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the
amount mentioned in the Schedule appended to this scheme.
* Victims of the Acid Attack are also entitled to additional compensation of Rs.one lakh under Prime Minister’s
National Relief Fund vide memo No.24013/94/Misc./2014–CSR-III/GoI/MHA dated 09.11.2016.
(iv) The
SLSA/DLSA
may
call
for
any
record
or
take
assistance
from
any
Authority/Establishment/Individual/Police/Court concerned or expert for smooth implementation of the
Scheme.
(v) In case trial/appellate court gives findings that the criminal complaint and the allegation were false, then
Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or
full under this Scheme, before the Trial Court for its recovery as if it were a fine.
10.
THE ORDER TO BE PLACED ON RECORD-
Copy of the order of the interim or final compensation passed under this scheme shall be placed on the record
of the trial court so as to enable the trial court to pass an appropriate order of compensation under sub-section(3) of
Section 357 A of the Code. A true copy of the order shall be provided to the Investigating Officer in case the matter
is pending investigation and also to the victim/ dependent as the case may be.
11.
METHOD OF DISBURSEMENT OF COMPENSATION-
(i) The amount of compensation so awarded shall be disbursed by the SLSA by depositing the same in a Bank in
the joint or single name of the victim/ dependent(s). In case the victim does not have any bank account, the
DLSA would facilitate opening of a bank account in the name of the victim and in case the victim is a minor
alongwith a guardian or in case, minor is in a child care institution, the bank account shall be opened with the
Superintendent of the Institution as Guardian. However, in case the victim is a foreign national or a refugee,
the compensation can be disbursed by way of cash cards.
(ii) Interim amount shall be disbursed in full. However, as far the final compensation amount is concerned,
75%(Seventy Five Percent) of the same shall be put in a fixed deposit for a minimum period of three years and
the remaining 25% (Twenty Five Percent) shall be made available for utilization as initial expenses by the
victim/ dependent(s), as the case may be.
(iii) In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit
account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit.
Provided that in exceptional cases, amounts may be withdrawn for educational or medical or other pressing and
urgent needs of the beneficiary at the discretion of the SLSA/DLSA.
(iv) The interest on the sum, if lying in the FDR form, shall be credited directly by the bank in the savings account
of the victim/ dependent(s), on monthly basis which can be withdrawn by the beneficiary.
12.
MEDICAL AID & INTERIM RELIEF TO THE VICTIM-
The SLSA or DLSA of the Union Territory of Ladakh, to alleviate the suffering of the victim, may on the
certificate of a police Officer not below the rank of the Officer Incharge of the Police Station or a Magistrate of the
area concerned or on the application of the victim/dependents or Suo Moto, order for immediate first-aid facility or
medical benefits or any other interim relief (including interim monetary compensation) as deemed fit, to be made
available free of cost to the victim, which shall not be adjustable against the amount of Assistance.
Provided that as soon as application for compensation is received by the SLSA/ DLSA, a sum of Rs. 5000/- or
as the case warrants upto Rs. 10,000/- shall be immediately disbursed to the victim through preloaded cash card
from a Nationalized Bank by the Secretary, DLSA, or Member Secretary, SLSA.
LADAKH GAZETTE : EXTRAORDINARY 6
Provided that the, interim relief so granted shall not be less than 25 per cent of the maximum compensation
awardable as per schedule applicable to this scheme, which shall be paid to the victim in totality.
Provided further that in cases of acid attack a sum of Rs. One Lakh shall be paid to the victim within 15 days
of the matter being brought to the notice of SLSA/DLSA. The order granting interim compensation shall be passed
by the SLSA/ DLSA within 07 days of the matter being brought to its notice and the SLSA shall pay the
compensation within 08 days of passing of order. Thereafter, an additional sum of Rs. 2 lakhs shall be awarded and
paid to the victim as expeditiously as possible and positively within two months.
13.
RECOVERY OF COMPENSATION AWARDED TO THE VICTIM OR HIS/HER DEPENDENT (S)-
Subject to the provisions of sub-section 3 of Section 357 A of the Code the SLSA, in proper cases, may
institute proceedings before the competent court for recovery of compensation granted to victim or his/her
dependent (s) from person (s) responsible for cause of loss/ injury as a result of crime committed by him/her.
The amount so recovered shall be deposited in Victim Compensation Fund.
14.
DEPENDENCY CERTIFICATE-
The authority empowered to issue the dependency certificate shall issue the same within a period of 15 days
and in no case the period shall be extended:-
Provided that the State Legal Services Authority or the District Legal Services Authority, as the case may be,
in case of non-issuance of dependency certificate, after expiry of 15 days may proceed on the basis of affidavit to be
obtained from the claimant.
15.
MINOR VICTIMS-
That in case the victim is an orphaned minor without any parent or legal guardian the immediate relief or the
interim compensation shall be disbursed to the Bank Account of the child, opened under the guardianship of the
Superintendent, Child Care Institutions where the child is lodged or in absence thereof, DDO/SDM, as the case may
be.
16.
LIMITATION-
Under the scheme, no claim of assistance made by the victim or his/her dependent(s) under sub section (4) of
Section 357 A of the Code, shall be entertained after a period of 3 years from the date of occurrence of offence or
conclusion of the trial:-
Provided that the SLSA or DLSA as the case may be, is satisfied for the reasons to be recorded in writing
may entertain claim after a period of 3 years.
17.
APPEAL-
In case any victim or his/her dependent(s) feels aggrieved by the denial of assistance or is not satisfied with the
quantum of compensation awarded by the Secretary, DLSA, then he/she may file an appeal before the Chairman
DLSA within a period of (90)days from the date of receipt of order:
Provided that delay in filing appeal may be condoned by the appellate Authority for reasons to be recorded in
deserving cases on an application made in this regard.
18.
QUANTUM OF ASSISTANCE/ COMPENSATION –
The assistance/ compensation shall be granted as per the schedule annexed to the scheme.
19.
REPEAL & SAVINGS-
(i)
All pending cases for grant of compensation before coming into force of the Ladakh Victim Assistance
Scheme, 2022 shall be decided as per the provisions of the Jammu and Kashmir Victim Compensation Scheme,
2013& 2019 respectively.
TASHI
DOLMA
Digitally signed
by TASHI DOLMA
Date: 2022.01.06
15:33:08 +05'30'
LADAKH GAZETTE : EXTRAORDINARY 7
SCHEDULE APPLICABLE TO WOMEN/VICTIM OF CRIME
Note: If a woman victim of sexual assault/acid attack is covered under one or more category of the
schedule, she shall be entitled to be considered for combined value of the compensation.
S.No
Particulars of loss or injury
Minimum Limit of
Compensation
Upper Limit of
compensation
1
Loss of life
Rs. 5 Lakh
Rs. 10 Lakh
2
Gang Rape
Rs. 5 Lakh
Rs. 10 Lakh
3
Rape
Rs. 4 Lakh
Rs. 7 Lakh
4
Unnatural Sexual Assault
Rs. 4 Lakh
Rs. 7 Lakh
5
Loss of any Limb or part of body resulting in
80% permanent disability or above
Rs 2 Lakh
Rs. 5 Lakh
6
Loss of any Limb or part of body resulting in
40% and below 80% permanent disability
Rs 2 Lakh
Rs. 4 Lakh
7
Loss of any Limb or part of body resulting in
above 20% and below 40% permanent disability
Rs. 1 Lakh
Rs. 3 Lakh
8
Loss of any Limb or part of body resulting in
below 20% permanent disability.
Rs. 1 Lakh
Rs. 2 Lakh
9
Grievous physical injury or any mental injury
requiring rehabilitation.
Rs. 1 Lakh
Rs. 2 Lakh
10
Loss of Foetus, Miscarriage as result of Assault
or loss of fertility.
Rs. 2 Lakh
Rs. 3 Lakh
11
In case pregnancy on account of rape.
Rs. 3 Lakh
Rs. 4 Lakh
12
Victims of Burning:-
a
In case of disfigurement of case
Rs. 7 Lakh
Rs. 8 Lakh
b
In case of more than 50%
Rs. 5 Lakh
Rs. 8 Lakh
c
In case of injury less than 50%
Rs. 3 Lakh
Rs. 7 Lakh
d
In case of less than 20%
Rs. 2 Lakh
Rs 3 Lakh
13
Victims of Acid attack:-
(a)
In case of disfigurement of face.
Rs. 7 Lakh
Rs. 8 Lakh
(b)
In case of injury more than 50%
Rs. 5 Lakh
Rs. 8 Lakh
(c)
In case of injury less than 50%
Rs. 3 Lakh
Rs. 5 Lakh
(d)
In case of injury less than 20%
Rs. 3 Lakh
Rs. 4 Lakh
LADAKH GAZETTE : EXTRAORDINARY 8
Form to Notification S.O 05 Dated: 05-01-2022
FORM –I
APPLICATION FOR THE AWARD OF COMPENSATION UNDER COMPENSATION SCHEME FOR
WOMEN VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES, FOR INTERIM/FINAL
RELIEF.
1.
Name of the Applicant Victim(s) or her Dependent(s)
2.
Age of the Victim(s) or her Dependent(s)
3.
(a) Father’s Name
(b) Mother’s Name
(c) Spouse’s Name
4.
Address of the Victim(s) or her/their Dependent(s)
5.
Date and time of the Incident
6.
Whether FIR has been lodged?
7.
Whether medical examination has been done? If
yes, enclose Medical Report/ Death Certificate/ P.M. Report.
8.
Status of trial, if pending. If over, enclose copy of judgment and order on sentence.
9.
Has the applicant been awarded any compensation by the trial court or any other Govt. agency.
If, yes give deatils
10
Give details of financial expenditure/ loss incurred
11.
Have you instituted any civil suit/ claim against
the perpetrator of offence. If yes give details.
Signature of the Victim/Dependent.
“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The
Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc.”
AJEET KUMAR
SAHU
Digitally signed by
AJEET KUMAR SAHU
Date: 2022.01.06
17:03:45 +05'30'