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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®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 Code 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.
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, exception (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 Taluk 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