[ 71 ]

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 13, Puducherry, dated 12th February 2019)

NOTIFICATION

Pursuant to the direction of the Supreme Court of India, vide Order,

dated 5th September, 2018 in WP(C) No. 565/2012 in Nipun Saxena

Vs. Union of India and in exercise of the powers conferred by section 357A

of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the

Lieutenant-Governor of Puducherry hereby makes the following

Scheme for providing funds for the purpose of assisting the women

victims or their dependent(s), who have suffered loss or injury or both

as a result of the crime and who require rehabilitation.

Registered with the Registrar

of Newspapers for India

under No. 10410

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

EXTRAORDINARY

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Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

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Dated : 15-2-2019

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

2019 } | 15 {

No.

Poudouchéry Vendredi

Février

2019

No.

Puducherry

Friday

15th

February 2019

( 26 Magha 1940 )

LA GAZETTE DE L'ETAT

[PART–II

1. Short title, extent, commencement and application.—(1)

This Scheme shall be called the Puducherry Victim Compensation

Scheme for Women Victims/Survivors of Sexual Assault/Other

Crimes, 2019;

(2) It shall apply to the whole of Union territory of Puducherry;

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

the Official Gazette of the Union territory of Puducherry;

(4) It shall apply to the women victims and their dependent(s)

who have suffered loss, injury, as the case may be, as a result of the

offence committed in the territorial limits of Union territory of

Puducherry and who require rehabilitation.

2. Definitions.— (1) In this Chapter, unless the context otherwise

requires:-

(a) 'Code' means the Code of Criminal Procedure, 1973

(Central Act 2 of 1974).

(b) 'Dependent' includes husband, father, mother, grandparents,

unmarried daughter and minor children of the victim as determined

by District Legal Services Authority (DLSA)/Taluk Legal Services

Committee (TLSC) on the basis of the report of the Subdivisional

Magistrate of the concerned Area/Station House Officer/Investigating

Officer or on the basis of material placed on record by the

dependents by way of Affidavit or on its own enquiry.

Services Authority constituted under section 9 of the Legal Services

Authorities Act, 1987 (Central Act 39 of 1987) for a District of the

Union territory of Puducherry.

(d) 'Form' means Form appended to the Scheme as applicable

to this Chapter.

(e) 'Fund' means State fund i.e., Victim Compensation Fund,

constituted under the State Victim Compensation Scheme.

(f) 'Central Fund' means funds received from Central Victim

Compensation Fund Scheme, 2015.

(g) 'Women

Victim Compensation Fund' means a fund

segregated for disbursement for women victims, out of State Victim

Compensation Fund and Central Fund.

PART–II]

LA GAZETTE DE L'ETAT

[Within the State Victim Compensation Fund, a separate Bank

Account shall be maintained as a portion of that larger fund which shall

contain the funds contributed under CVCF Scheme by MHA, GoI

contributed from Nirbhaya Fund apart from funds received from the

State Victim Compensation Fund which shall be utilized only for

victims covered under this Chapter].

(h) 'Government' means Government of Puducherry wherever

the State Victim Compensation Scheme or the State Victim Compensation

Fund is in context and 'Central Government' wherever Central

Government Victim Compensation Fund Scheme is in context.

(i) 'Injury' means any harm caused to body or mind of a

female.

(j) 'Minor' means a girl child who has not completed the age

of 18 years.

(k) 'Offence' means any offence committed against women

punishable under Indian Penal Code or any other law.

(l) 'Penal Code' means Indian Penal Code, 1860 (45 of 1860);

(m) 'Schedule' means Schedule applicable to this Chapter/Part

of the Scheme.

(n) 'State Legal Services Authority' means the Union Territory

of Puducherry Legal Services Authority (UTPLSA) as defined

in section 6 of the Legal Services Authorities Act, 1987 (Central

Act 39 of 1987).

(o) 'Sexual Assault Victims' means female 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, section 509 IPC.

(p) 'Taluk Legal Services Committee' means Taluk Legal Services

Committee, constituted under section 11A of the Legal Services

Authorities Act, 1987 (Act No.39 of 1987).

(q) 'Woman Victim/Survivor of other crime' means a woman

who has suffered physical or mental injury as a result of any offence

mentioned in the attached Schedule including section 304 (B),

section 326 (A), section 387 (A) of Indian Penal Code (in case of

physical injury of the nature specified in the Schedule) including the

attempts and abetment.

LA GAZETTE DE L'ETAT

[PART–II

(2) Words and expressions used in this Chapter and not defined

here, shall have the same meaning as assigned to them in the Code of

Criminal Procedure, 1973 or/and the Indian Penal Code, 1860.

3. Women Victims Compensation Fund.— (1) There shall be a

fund, namely, the Women Victims Compensation Fund from which the

amount of compensation, as decided by the District Legal Services

Authority/Taluk Legal Services Committee of Union Territory of

Puducherry Legal Services Authority (UTPLSA), shall be paid to the

women victims or their dependent(s) who have suffered loss or injury

as a result of an offence and who require rehabilitation.

(2) The 'Women Victims Compensation Fund' shall comprise

the following:-

(a) Contribution received from Central Victim Compensation

Fund Scheme, 2015;

(b) Budgetary allocation in the shape of Grants-in-aid to the

Union Territory of Puducherry Legal Services Authority (UTPLSA)

for which necessary provision shall be made in the Annual Budget by

the Government;

deposited in this fund;

(d) Amount of compensation recovered from the wrong doer/

accused under clause 14 of the Scheme;

(e) Donations/Contributions

from

International/National/

Philanthropist/Charitable Institutions/Organizations and individuals

permitted by State or Central Government;

(f) Contributions from companies under CSR (Corporate

Social Responsibility).

(3) The said Fund shall be operated by the Member-Secretary,

Union Territory of Puducherry Legal Services Authority (UTPLSA).

4. Eligibility for compensation.— A woman victim or her dependent(s)

as the case may be, shall be eligible for grant of compensation from

multiple Schemes applicable to her. However, the compensation

received by her in the other Schemes with regard to section 357(B) of

Code of Criminal Procedure, shall be taken into account while

deciding the quantum in such subsequent application.

PART–II]

LA GAZETTE DE L'ETAT

5. Procedure for making application before the District Legal

Services Authority/Taluk Legal Services Committee of Union territory

of Puducherry Legal Services Authority (UTPLSA).— Mandatory

Reporting of FIRs:- Station House Officer/Superintendent of Police/

Senior Superintendent of Police shall mandatorily share soft/hard copy

of FIR immediately after its registration with the District Legal

Services Authority/Taluk Legal Services Committee of Union Territory

of Puducherry Legal Services Authority (UTPLSA) qua commission of

offences covered in this Scheme which include sections 326(A),

354(A) to 354(D), 376(A) to 376(E), 304(B), 498(A) (in case of

physical injury covered in this Schedule), so that the District Legal

Services Authority/Taluk Legal Services Committee can, in deserving

cases, may suo motou initiate preliminary verification of facts for the

purpose of grant of interim compensation.

An application for the award of interim/final compensation can be

filed by the victim and/or her dependent(s) or the Station House

Officer of the area before District Legal Services Authority/Taluk

Legal Services Committee of Union Territory of Puducherry Legal

Services Authority (UTPLSA). It shall be submitted in Form-I along

with a copy of the First Information Report (FIR) or criminal complaint

of which cognizance is taken by the Court and if available, the Medical

Report, Death Certificate, wherever applicable, copy of judgment/

recommendation of Court if, the trial is over.

6. Place of filing of application.— The application/recommendation

for compensation can be submitted either before the (i) The

Member-Secretary, Union Territory of Puducherry Legal Services Authority

(UTPLSA), (ii) The Secretary, District Legal Services Authority (DLSA)

(iii) The Chairman, Taluk Legal Services Committee (TLSC) or it can

be filed online on a portal which shall be created by State Legal

Services Authorities. The Member-Secretary, Union Territory of

Puducherrv Legal Services Authority(UTPLSA) shall forward the

application to the Secretary, District Legal Services Authority (DLSA)

or the Chairman, Taluk Legal Services Committee (TLSC) as the case

may be. The Secretary of the DLSA/Chairman of the TLSC shall decide

the application/recommendation submitted before him/her as per the

Scheme.

Explanation: In case of acid attack victim, the deciding authority

shall be Criminal Injury Compensation Board as directed by Hon'ble

Supreme Court in Laxmi Vs. Union of India W.P.CRML.129/2006

order, dated 10.04.2015 which includes Learned District and Sessions

Judge, DM, SP, Civil Surgeon/CMO of the District.

LA GAZETTE DE L'ETAT

[PART–II

7. Reliefs that may be awarded by the DLSA or TLSC.— The

District Legal Services Authority/Taluk Legal Services Committee may

award compensation to the victim or her dependent(s) to the extent as

specified in the Schedule attached hereto.

8. Factors to be considered while awarding compensation.—

While deciding a matter, the DLSA/TLSC of Union Territory of

Puducherry Legal Services Authority (UTPLSA) may take into

consideration, the following factors relating to the loss or injury

suffered by the victim.

(1) Gravity of the offence and severity of the mental or physical

harm or injury suffered by the victim;

(2) Expenditure incurred or likely to be incurred on the

medical treatment for physical and/or mental health including

counseling of the victim, funeral, travelling during investigation/

inquiry/trial (other than diet money);

(3) 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;

(4) 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;

(5) The relationship of the victim to the offender, if any;

(6) Whether the abuse was a single isolated incidence or

whether the abuse took place over a period of time;

(7) 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;

(8) Whether the victim contacted a Sexually Transmitted

Disease (STD) as a result of the offence;

(9) Whether the victim contacted Human Immunodeficiency

Virus (HIV) as a result of the offence;

(10) Any disability suffered by the victim as a result of the

offence.

PART–II]

LA GAZETTE DE L'ETAT

(11) 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.

(12) In case of death, the age of deceased, her monthly income,

number of dependents, life expectancy, future promotional/growth

prospects, etc.

(13) Or any other factor which the UTPLSA/DLSA may

consider just and sufficient.

9. Procedure for Grant of Compensation.— (1) Wherever,

a recommendation is made by the Court for compensation under

sub-sections (2) and/or (3) of section 357A of the Code, or an application

is made by any victim or her dependent(s), under sub-section (4) of

section 357A of the Code, to the Union Territory of Puducherry Legal

Services Authority (UTPLSA), 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, the Secretary, District Legal

Services Authority (DLSA) or the Chairman, Taluk Legal Services

Committee (TLSC) may suo motou or after preliminary verification of

the facts, proceed to grant interim relief as may be required in the

circumstances of each case.

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

section 357A 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 Rupees one

lakh shall be paid to the victim within 15 days of the matter being

brought to the notice of DLSA/TLSC. The order granting interim

compensation shall be passed by DLSA/TLSC within 7 days of the

matter being brought to its notice and the Union Territory of Puducherry

Legal Services Authority (UTPLSA) shall pay the compensation within

LA GAZETTE DE L'ETAT

[PART–II

8 days of passing of the order. Thereafter, an amount of ` 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 this Scheme.

(3) After consideration of the matter, the DLSA or TLSC, as the

case may be, upon its satisfaction, shall decide the quantum of

compensation to be awarded to the victim or her dependent(s) taking

into account the factors enumerated in clause 8 of the Scheme, as per

Schedule appended to this Chapter. However, in deserving cases, for

reasons to be recorded, the upper limit may be exceeded.

Moreover, in case, if, 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 Chapter.

(4) The DLSA/TLSC may call for any record or take assistance

from any Authority/Establishment/Individual/Police/Court concerned

or expert for smooth implementation of the Scheme.

(5) In case, if, Trial/Appellate Court gives findings that the

criminal complaint and the allegation were false, then Union Territory

of Puducherry 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. Copy of the order of interim or final compensation passed

under this Scheme shall be placed on record of the Trial Court so as to

enable the Trial Court to pass an appropriate order of compensation

under section 357 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.— (1) The

amount of compensation so awarded shall be disbursed by the UTPLSA

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 UTPLSA/DLSA/TLSC concerned would facilitate opening of a Bank

account in the name of the victim and in case, the victim is a minor

along with 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

PART–II]

LA GAZETTE DE L'ETAT

a refugee, the compensation can be disbursed by way of cash cards.

Interim amount shall be disbursed in full. However, as far as the final

compensation amount is concerned, 75% (seventy-five per cent.) of the

same shall be put in a fixed deposit for a minimum period of three

years and the remaining 25% (twenty-five per cent.) shall be available

for utilization and initial expenses by the victim/dependent(s), as the

case may be.

(2) 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 UTPLSA/DLSA/TLSC.

(3) The interest on the sum, if, lying in 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. Interim relief to the victim.— The Secretary, District Legal

Services Authority/Taluk Legal Services Committee of Union Territory

of Puducherry Legal Services Authority (UTPLSA), as the case may be,

may order for immediate first-aid facility or medical benefits to be

made available free of cost or any other interim relief (including

interim monetary compensation) as deemed appropriate, to alleviate the

suffering of the victim on the certificate of a Police Officer, not below

the rank of the Officer-in-charge of the Police Station, or a Magistrate

of the area concerned or on the application of the victim/dependent(s)

or suo motou.

Provided that as soon as the application for compensation is

received by the DLSA/TLSC, a sum of ` 5,000 or as the case warrants,

up to ` 10,000 shall be immediately disbursed to the victim through

Preloaded Cash Card from a Nationalised Bank by the Secretary,

District Legal Services Authority or the Chairman of Taluk Legal

Services Committee of Union Territory of Puducherry Legal Services

Authority (UTPLSA).

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 Chapter, which shall be paid to the victim in totality.

LA GAZETTE DE L'ETAT

[PART–II

Provided further that in cases of acid attack a sum of ` 1 lakh

shall be paid to the victim within 15 days of the matter being brought

to the notice of DLSA/TLSC. The order granting interim compensation

shall be passed by the DLSA/TLSC within 7 days of the matter being

brought to its notice and the UTPLSA shall pay the compensation within

8 days of passing of order. Thereafter, an additional sum of ` 2 lakh 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 her

Dependent(s).— Subject to the provisions of sub-section (3) of section

357A of the Code, the Union Territory of Puducherry Legal Services

Authority (UTPLSA), in proper cases, may institute proceedings before

the Competent Court of law for recovery of the compensation granted

to the victim or her dependent(s) from person(s) responsible for

causing loss or injury as a result of the crime committed by him/her.

The amount, so recovered, shall be deposited in 'Women Victim

Compensation Fund'.

14. Dependency Certificate.— The authority empowered to issue

the Dependency Certificate shall issue the same within a period of

fifteen days and in no case, this period shall be extended:

Provided that the DLSA/TLSC, in case of non-issuance of

Dependency Certificate, after expiry of 15 days, may proceed on the

basis of an 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 made by the

victim or her dependent(s), under sub-section (4) of section 357A of

the Code, shall be entertained after a period of 3 years from the date

of occurrence of the offence or conclusion of the trial.

However, in deserving cases, on an application made in this

regard, for reasons to be recorded, the delay beyond three years can be

condoned by the DLSA/TLSC.

PART–II]

LA GAZETTE DE L'ETAT

17. Appeal.— In case, the victim or her dependent(s) are not

satisfied with the quantum of compensation awarded by the Secretary,

DLSA/The Chairman, TLSC, they can file appeal within 30 days from

the date of receipt of order before the Chairman, DLSA.

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. Repeal and Savings.— (1) In case, this Chapter is silent on

any issue pertaining to Victim Compensation to Women, the provisions

of Union Territory of Puducherry Victim Assistance Scheme, 2012 of

the State would be applicable.

(2) Nothing in this Scheme shall prevent victims or their

dependents from instituting any Civil Suit or Claim against the

perpetrator of offence or any other person indirectly responsible for

the same.

Explanation: It is clarified that this Chapter does not apply to

minor victims under Protection of Children from Sexual

Offences Act, 2012 in so far as their compensation issues are to

be dealt with only by the Learned Special Courts under section

33(8) of Protection of Children from Sexual Offences Act, 2012

and rule (7) of the Protection of Children from Sexual Offences,

Rules, 2012.

THE SCHEDULE

Sl.

Particulars of loss

Minimum

Upper

No.

or injury

limit of

compensation

(1)

(2)

(3)

(4)

Loss of life

5 Lakh

10 Lakh

Gang rape

5 Lakh

10 Lakh

Rape

4 Lakh

7 Lakh

Unnatural sexual assault

4 Lakh

7 Lakh

LA GAZETTE DE L'ETAT

[PART–II

Loss of any limb or part of body

2 Lakh

5 Lakh

resulting in 80% permanent disability

or above.

Loss of any limb or part of body

2 Lakh

5 Lakh

resulting in 40% and below 80%

permanent disability.

Loss of any limb or part of body

1 Lakh

3 Lakh

resulting in above 20% and below

40% permanent disability.

Loss of any limb or part of body

1 Lakh

2 Lakh

resulting in below 20% permanent

disability.

Grievous physical injury or any mental 1 Lakh

2 Lakh

injury requiring rehabilitation.

Loss of foetus i.e., miscarriage as a

2 Lakh

3 Lakh

result of assault or loss of fertility.

In case of pregnancy on account

3 Lakh

4 Lakh

of rape.

Victims of Burning:

(a)

In case of disfigurement of face

7 Lakh

8 Lakh

(b) In case of injury more than 50%

5 Lakh

8 Lakh

3 Lakh

7 Lakh

(d) In case of less than 20%

2 Lakh

3 Lakh

Victims of Acid Attack

(a)

In case of disfigurement of face 7 Lakh

8 Lakh

(b) In case of injury more than 50% 5 Lakh

8 Lakh

3 Lakh

5 Lakh

(d) In case of injury less than 20%

3 Lakh

4 Lakh

(1)

(2)

(3)

(4)

PART–II]

LA GAZETTE DE L'ETAT

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.

(By order of the Lieutenant-Governor)

ASHWANI KUMAR,

Chief Secretary to Government.

————

ANNEXURE

FORM-I

Application for the Award of compensation under compensation

Scheme for Women Victims/Survivors of Sexual Assault/Other

Crimes, 2018 for Interim/Final Relief for Women

[See rule 5(2)]

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

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/Postmortem

Report.

LA GAZETTE DE L'ETAT

[PART–II

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday

8. Status of trial, if pending. :

If o ver, enclo se co p y o f

judgment and order on sentence.

9. Has the applicant been awarded :

any compensation by the Trial

Court or any other Government

agency?

If yes, give details.

10. Give details of financial

expenditure/loss incurred.

11. Have you instituted any Civil

Su i t / Cl a i m a g a i n s t t h e

perpetrator of offence.

If yes, give details.

Signature of the Victim/Dependent.

————