Servants of Knowledge
Puducherry Gazette · Government of Puducherry

Union territory of Puducherry Victim Assistance Scheme, 2012.

Published 07 February 2013

Department
HOME DEP ARTMENT
Type
Extraordinary
Gazette no.
8
Part
II
Identifier
in.gazette.puducherry.2013-02-07.extraordinary-ii-issue-8
Languages
English, Tamil, French
Published at
Original source ↗

Registered No.

Registered with the Registrar of Newspapers for India under No. M. 8270

TN/PMG(CCR)/42/2012-14 WPP No. 88(556)

Dated : 7-2-2013 Price : ` 2-00Amflºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY

∂]ÔV´D ÿ✓u≈ Publiée par Published by

ÿkπX| Autorité Authority

sÁÈ : ` 2-00 Prix : ` 2-00 Price : ` 2-00

®ı Amflºƒˆ sBVw¬˛wÁ\ 2013 } ∏©´kˆ | 7 { No. 8 Poudouchéry Jeudi 7 Février 2013

No. Puducherry Thursday 7th February 2013

(18 Magha 1934)

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 8, dated 4th February 2013)

NOTIFICATION

In exercise of the powers conferred by section 357A of the Codeof Criminal Procedure, 1973 (Act 2 of 1974), the Lieutenant-Governor of the Union territory of Puducherry hereby makes the following scheme for providing funds for the purpose of assistance to be given to the victim or his/her dependents who have suffered loss or injury or both

as a result of the crime and who require rehabilitation.

[ 45 ] 46

LA GAZETTE DE L'ETAT [PART–II

1. Short title and commencement.— (1) This scheme may be called

the Union territory of Puducherry Victim Assistance Scheme, 2012.

(2) This shall come into force on the date of its publication in

the official gazette of the Union territory of Puducherry.

2. Definitions.— In this scheme, unless the context otherwise

requires,—

(a) "Act" means the Code of Criminal Procedure, 1973 (Act 2 of 1974);

(b) "Collector" means the Collector of a District of the Union

territory of Puducherry or any person authorised in this behalf;

(c) "dependent" means wife or husband, father, mother, unmarried daughter and minor children of the victim as determined by the authority empowered to issue dependency certificate;

(d) "District Legal Services Authority" means the District Legal Services Authority for Puducherry region and the Taluk Legal Services Committee, Karaikal/Mahe/Yanam as defined in Legal Services Authorities Act, 1987.

(e) "Schedule" means the schedule appended to the scheme;

(f) "Union Territory" means the Union territory of Puducherry; and

(g) "Union Territory Legal Services Authority" means Union territory of Puducherry Legal Services Authority as defined in Legal Services Authorities Act, 1987.

(h) "Victim" means as defined in I clause (wa) of section 2 of

the Code of Criminal Procedure, 1973.

3. Fund of the scheme.— (1) Victim Assistance Scheme will be funded from the Consolidated Fund of India, as per requirements of the scheme. The funds for this scheme will be made available to the Union Territory by the Ministry of Home Affairs by way of grant under Grant No. '55' Other Expenditure of Ministry of Home Affairs.

(2) Amounts of fines imposed under section 357 of the Code of Criminal Procedure and ordered to be deposited by the courts in the Victim Compensation/Assistance Fund will be deposited into the

Consolidated Fund of India.

47

PART–II] LA GAZETTE DE L'ETAT

(3) 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.

(4) The said fund shall be operated by the Collectors of the

Union territory of Puducherry.

4. Eligibility for assistance.— The victim or his/her dependents

satisfying the following criteria shall be eligible for the grant of

assistance, namely- he/she should not have received any assistance for

the loss or injury under any other scheme of the Central Government or

Union Territory Administration of this nature.

5. Procedure for grant of assistance.— (1) Wherever a

recommendation is made by the court for assistance under sub-section (2)

of section 357 A of the Code or an application is made by any victim or

his/her dependents under sub-section (4) of section 357 A of the Code

to the Taluk Legal Services Committees, Karaikal/Mahe/Yanam or Union

territory of Puducherry State Legal Services Authority or the District

Legal Services Authority for Puducherry region or as the case may be,

shall examine the case and verify the contents of the claim with regard

to the loss or injury or both and rehabilitation necessitated as a result

of the crime and may also call for any other relevant information

necessary for consideration of the claim from the concerned.

(2) The inquiry as contemplated under sub-section (5) of

section 357 A of the Code shall be completed within a period of sixty

days from the date of receipt of the recommendation or application.

(3) After completion of inquiry, the Union territory of Puducherry State Legal Services Authority or District Legal Services Authority for Puducherry region or the Taluk Legal Services Committees, Karaikal/Mahe/Yanam as the case may be, upon its satisfaction, shall

decide the quantum of assistance to be awarded to the victim or his

dependents on the basis of loss or injury or both or for rehabilitation,

medical expenses to be incurred on treatment and such incidental charges

as funeral expenses, etc.:

48

LA GAZETTE DE L'ETAT [PART–II

Provided that the quantum of assistance to be awarded to the

victim or his dependents shall not be less or more than what is provided

in schedule attached to the scheme and if at a later date, compensation

awarded by the court is more than maximum limit, the amount of

assistance already paid shall be adjusted.

6. Order to be placed on record.—The copy of the order of

assistance shall be placed on record of the trial court to enable the court

to pass order of compensation under sub-section (3) of section 357 A

of the Code.

7. Method of disbursement of assistance.— (1) The amount of

assistance so awarded shall be deposited in a nationalised bank or in

scheduled bank where the branch of nationalised bank is not available

in the single or joint name of the victim or the dependents and out of

the amount so deposited, 75% of the same shall be in fixed deposit for

a minimum period of three years and the remaining 25% shall be available

for the utilisation and initial expenses by the victim or the dependents

or petitioners, as the case may be, and in exceptional circumstances,

the Union territory of Puducherry State Legal Services Authority or

District Legal Services Authority for Puducherry region or the Taluk

Legal Services Committees, Karaikal/Mahe/Yanam after being satisfied

may allow withdrawal up to 50% for the welfare of the victim or the

dependents or petitioners.

(2) In the case of a minor, 80% of the amount of assistance so

awarded shall be deposited in the fixed deposit account and shall be

withdrawn only on attainment of the age of majority, however, exceptioncan be made for educational or medical needs of the beneficiary at the discretion of Union territory of Puducherry Legal Services Authority or the District Legal Services Authority for Puducherry region or the Taluk Legal Services Committees, Karaikal/Mahe/Yanam. (3) The interest on the amount of fixed deposit shall be credited

directly by the bank in the savings account of the victim or the

dependents on monthly basis.

49

PART–II] LA GAZETTE DE L'ETAT

8. Medical aid to the victim.—The Union territory of Puducherry

State Legal Services Authority or District Legal Services Authority for

Puducherry region or the Taluk Legal Services Committees, Karaikal/

Mahe/Yanam to alleviate the suffering of the victim, may order for

immediate first-aid facility or medical benefits or any other interim relief

as deemed fit, to be made available free of cost to the victim, which shall

not be adjustable against the amount of assistance.

9. Dependency certificate.—The authority empowered to issue the

dependency certificate shall issue the same within a period of fifteen

days and in no case the period shall be extended and Union territory of

Puducherry State Legal Services Authority or District Legal Services

Authority for Puducherry region or the Taluk Legal Services Committees,

Karaikal/Mahe/Yanam as the case may be in case of non-issuance of

dependency certificate by the authority within the said period of fifteen

days, may proceed on the basis of an affidavit to be obtained from the

claimant.

10. Limitation.— No claim of assistance shall be entertained after

a period of three years from the date of commission of crime:

Provided that the Union territory of Puducherry State Legal

Services Authority or District Legal Services Authority for Puducherry

region or the Taluk Legal Services Committees, Karaikal/Mahe/Yanam

as the case may be, if satisfied for reasons to be recorded in writing,

may entertain a claim after the said period of three years.

11. Appeal.—Any victim aggrieved of the denial of assistance by

District Legal Services Authority for Puducherry region or the TalukLegal Services Committees, Karaikal/Mahe/Yanam may file an appeal before the Union territory of Puducherry State Legal Services Authority within a period of ninety days: Provided that the Union territory of Puducherry State Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone delay in filing the appeal.

12. Quantum of assistance.— The assistance shall be granted as

per the schedule annexed to the scheme.

50

LA GAZETTE DE L'ETAT [PART–II

SCHEDULE

Sl. Particulars of loss or injury Minimum Maximum No.

limit of limit of assistance assistance (in `) (in `)

(1)

(2)

(3) (4)

1 Loss of life

3 lakh 5 lakh

2 Rape

2 lakh 3 lakh

3 Loss of any limb or part of body resulting 2 lakh 3 lakh

in 80% permanent disability or above.

4 Loss of any limb or part of body resulting 1 lakh 1.5 lakh

in above 40% and below 80% permanent disability.

5 Loss of any limb or part of body resulting 60,000 1 lakh

in above 20% and below 40% permanent disability.

6 Loss of any limb or part of body resulting 50,000 50,000

in below 20% permanent disability.

7 Victims of human trafficking, child abuse 50,000 50,000

and kidnapping.

8 Simple loss or injury to child victim 10,000 10,000

9 Rehabilitation

20,000 20,000

10 Victim of acid attack—

(a) In case of disfigurement of face 2 lakh 3 lakh

(b) Other cases of injury 50,000 50,000

(By order of the Lieutenant-Governor)

M. SATHIYAVATHY, Chief Secretary to Government.

online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing

Puducherry-9

Cite this issue. Puducherry Gazette, Government of Puducherry, 07 February 2013. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2013-02-07.extraordinary-ii-issue-8/. Archive identifier in.gazette.puducherry.2013-02-07.extraordinary-ii-issue-8.