\ We « BUSHTS Ter Andaman And ferepae Treas Nicobar Gazetic EXTRAORDINARY TER TF we * Published by Authority HA. 75, UE Wer, gwar, 22 =e, 2019 No. 75, Port Blair, Friday, March 22, 2019 | 3UEHTE Fen foreelwe wemwer ANDAMAN AND NICOBAR ADMINISTRATION IEE; SECRETARIAT .
NOTIFICATION Port Blair, dated the 22" March, 2019, . No.75/2019/F No.16-120/201 8-Home.— In exercise of the powers conferred by section 357A of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and in supersession to the Andaman & Nicobar Islands Compensation Victim Assistance Scheme/Survivors™ of Sexual Assault/other Crimes, 2018, dated 17.10.2018 and in compliance to the Hon'ble Supreme Court's Judgment/Order dated 11.05.2018 passed in the W.B. (C), No.565/2012 Nipun Saxena & Anr. Vs. Union of India & Ors, the Lieutenant Governor (Administrator), Andaman and Nicobar Islands hereby makes the scheme viz., Andaman & Nicobar Islands Victim Assistance Scheme for providing funds for the purpose of assistance to be given to the victim or his dependents 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 Andaman and Nicobar Islands Compensation Victim Assistance - Scheme/Survivors of Sexual Assault/other Crimes, 2019. :
(2 This shall come into force on the date of its publication in the Official Gazette of Union Territory of Andaman and Nicobar Islands. ) ’ :
(3) Itshall apply to the. victims and their dependent(s) who have suffered loss, injury, as the case may be, as a result of the offence committed and who require rehabilitation. :
2. DEFINITIONS :
1) In this Scheme, unless the context otherwise requires :— ) (a “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); }
(b) ‘Dependent’ includes husband, father, mother, grandparents, unmarried daughter and 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 the dependents by way of affidavit or on its own enquiry, :
(©) “Union Territory Legal Service Authority” and “District Legal Services Authority” "means Union Territory/State Legal Services. Authority or District Legal Services Authority of Union Territory of Andaman and Nicobar Islands as defined in Legal Services Authority Act, 1987. : :
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(d) “Form” 1eans form appended to the Scheme as applicablé to this Chapter, (¢) “Fund” means State fund i Compensation Scheme,
(f) “Central Fund” means funds received from CVCF Scheme, 2015.
(8) “Women Victim Compensation Fund” — means a fund segregated for disbursement for women victim, out of State Victim Compensation Fund and Central Fund. :
[Within the State Victim Compensation Fund, a separate Bank Account shall be maintained as gq portion of that larger fund which shall contain the Junds 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 jor victims covered under this Chapter], -e. victim compensation fund constituted under the State Victim
(bh) “Government” means “State Government” wherever the State Victim Compensation Scheme dt the State Victim Compensation Fund is in context and “Central Government” wherever Central Government Victim Compensation Fund Scheme is in context and includes UTs. :
(0) “Injury” means any harm caused to body or mind of a female, a “Minor” means a girl child who has not completed the age of 18 years.
(k) “Offence” means offence committed. against women punishable under TPC or any other law, () “Penal Code” means Indian Penal Code, 1860 (45 of 1 860)
(m) “Schedule” means schedule applicable to this Chapter / Part of the scheme.
" (n) “State Legal Services Authority” means the State Legal Services Authority (SLSA), as “defined in Section 6 of the Legal Services Authorities Act, 1987 (39 of 1987) = (6) “Collector” means the Collector/Deputy Commissioner of a District of the Union Territory of Andaman and Nicobar Islands or any person authorized in. this behalf,
(p)- “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. ’ . :
(9) “Woman Victim/ survivor of other crime” means a woman who has suffered physical
(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 Vi ~~ compensation, as decided by the State Legal Services Authority or District Legal Services Authority, shall be paid to the women victim or her 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 CVCE Schefic, 2015.
(b) Budgetary allocation in the shape of Grants-in-aid to SLSA for which necessary provision shai be made in the Annual Budget by the Government.
© Any cost amount ordered by Civil/Criminal Tribunal to be deposited in this fund. (d) Amount of compensation recovered from the wrong doer / accused under clause 14 of is Scheme; - : Co a (¢) Donations/contributions from International/ National/ Philanthropist/ Charitable Institutions/ ~~... Organizations and individuals permitted by State or Central Government.
(®): Contributions from companies under CSR (Corporate Social Responsibility), - ©) The said fund shall be operated by the State Legal Services Authority (SLSA).
pr THE ANDAMAN. AND NICOBAR EXTRAORDINARY GAZETTE, MARCH 22, 2019 3
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
7. RELIEFS THAT MAY BE AWARDED BY THE STATE OR DISTRICT LEGAL SERVICES - AUTHORITY :— . The SLSA or DLSA may award compensation to the victim or her dependents to tha extent as specified in the scheduled attached hersto. :
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ent for physical and/or mental health including counselling of the victim, Tuneéral, travelling during investigation/ inquiry/ tria] @- Loss of employment as a result of the offence, including absence from Place of employment que other reason;
©) The relationship of the victim to the offender, if any; © Whether the abuse was z single isolated incidence or whether the abuse took Place over a period of time; ~ Co :
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(7) Whether victim be Termination of Pregnancy (MTP)/give birth to a ch; ld, including rehabilitation needs of such child; ~ N Co — — —_ — 4 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE; MARGH 22, 2019
(8) Whether the victim contracted a sexually transmitted: disease (STD) as a result of the offence;
(9 Whether the victim contracted human immunodeficiency. virus (HIV) asa result of the qrISHES,
(10) Any disability suffered by the victim as a result of the’ offence; EB eu B {1n ‘Financial condition of the victim against whom the offence has been commited 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 i income, niimber of dependents, life expectancy, future promotional/growth prospects etc.; . :
(13) Or any other factor which the SLSA/DLSA may a just and sufficient.
9. PROCEDURE FOR GRANT OF COMPENSATION :—
(1) Wherever, a recommendation. i 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 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 thé 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 aftack cases, at’ any time after commission of the offence, Secretary, SLSA or Secretary, DLSA may suo moto or after preliminary verification of the facts proceed to grant interim relief as may be required i 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 Rs. One lakh shal be paid to the victim within 15 days of the matter being brought to the notice of DLSA. The order granting interim compensation shall be passed by 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 this Scheme, : : :
(3) 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 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 the victim is minor, the limit of compensation shall.-be deemed to be 50% higher than the amount mentioned i in the Schedule appended to this Chapter.
*Vietims of Acid Attack are also “entitled to. additional compensation of Rs. 7 dac under Prime Minister's National Relief Fund vide Memorandum No. 24013/94/Misc./2014-CSR-III/Gol/MHA dated
09.11.2016. :
Victims of Acid Attack are also entitled to additional special financial assistance up to Rs. § lacs who need treatment expenses over and above the compensation paid by the respective State/ UTs in terms of Central Victim Compensation Fund Guidelines-2016, No. 24013/94/Misc/2014-CSR.11I, MHA/Gol.
(4) The SLSA / DLSA may call from any record or take assistance fore any Authority / Establishment/ Individual/ Police/ Court concerned o or ER smooth implementation of the Scheme. ; : -
(5) 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.
- THE ANDAMAN AND: NICOBAR EXTRAORDINARY GAZETTE, MARCH 22, 2015 5 ~—,
10. THE ORDER TO BE PLACED ON RECORD — - . .
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 IO in case the matter is ‘pending investigation and also to the.victim/dependerit as the case maybe, Tog ml ET
11. METHOD OF DISBURSEMENT OF COMPENSATION ;— | ees SOV ROLMENT OF COMPENSATION ;— (H The amount of compensation so awarded shall be deposited ina nationalized Bank in the joint or 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. : : : CL Oo Po :
and initial expenses by the victim/dependent(s), as the case maybe. ~ ®@ In the case of a minor, 80% of the amount of compensation $0 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 : Ea Se Ee ETI eo Provided that in exceptional cases, amounts may be withdraws for educational or medical or other pressing and urgent needs of the beneficiary at the discretion of the SLSA/ DLSA. = 5 Cw, ’ (3) The interest on the sum, if lying in FDR form, shall bs 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 :- Co Cs _ The State Legal Services Authority or District Legal Services Authority, as the case may be, may order for immediate first-aid facility or medical benefits to be ‘made available free of cost oor 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/ dependents or suo moto : Provided that as soon as the application for compensation is received by the SLSA/DLSA, a sum of :
Rs. 5000/- or as the case warrant§ upto Rs.10,000/- shal be immediately disbursed to the victin through . preloaded cash card from a Nationalised Bank by the Secretary, DLSA ‘or Member Secretary, SLSA: Provided that the interim relief so granted shall not be less than 25 percent ‘of the. maximum compensation awardable as per schedule applicable to this Chapter, which shall be paid to the victim in . totality: ent, CT tn, NE, oT ce To
13. RECOVERY OF COMPENSATION AWARDED TO THE vic DEPENDENT(S):— So EEE PE A CR Subject to the provisions of subsaction (3) of Section 357A of the Cods, the State Legal Services Authority, 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. . REE EET ame wl The amount, so feceverad, shall be deposited in Woman Vietim Compensation Fund, S R E ] I e y — je 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY. GAZETTE, MARCH 22,2019
14. DEPENDENCY CERTIFICATE : :
The authority empowered to issue the dependeney certificate shall issue the same within a . period of fifteen days and, in no case, this period shall be extended:
Provided that the SLSA/DLSA, 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 Jedged or in absence thereof, DESTIN, as the case may be. -
16. LIMITATION :
Under the Scheme, no ciaim. mds by the victim or her dependent(s), under sub-section (4) of Section 357A of the Code, shall be entertained Blix a period of 3 Jb) from the date of occurrence of the offence or conclusion of the trial.
However, . in deserving coses, on an + application’ made in this pa— for reasons to be recorded, the delay beyer ond three years can be- condoned by the SL8As /DLSAs.
17, APPEAL : :
In case the victim or her: dependents are: not satisfiod with the quantum of compensation ~ awarded by the Secretary, DLSA, they can- file eppeal within 30 days from the date of receipt of order before the Chairperson, DLSA:
Provided that, delay i in filing appeal may be condoned uy the Appaliaia Authority, for reasons to be recorded, in deserving cases, on an application made | in this 5 regard,
18. REPEAL & SAVINGS :
(1) In case this Chapter i is eilemt on ny issues > pertaining fo Victim Compensation to Women, the provisions of Victim Compensation Scheme 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 pgrpatrator of offence or any other person indirectly responsible for the same. :
Explanation Itis clarified that this Chapter doss not apply to minor victims under. POCSO Act, 2012 - in so far as their compensation issues are to be dealt with only by the Ld. Special Courts under Section 3 (8) of: POCSO Act, 2012 did Rules (7) of the POCSO Rules, Le —t @ THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MARCH 22,2019 7
SCHEDULE APPLICABLE TO WOMEN VICTIM QF CRIMES SI. Particulars of loss or injury Minimum Limit | Upper Limit of No. . : : oo : of Compensation | Compensation [1 [LossotLite Rs. 5 Lakh Rs.10 Lakh 2 |Gang Rape | Rs. 5Lakh | 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 | Rs. 2 Lakh Rs. § Lakh - disability or above, . 6 |Loss of any Limb or part of body sling in 30% and below | Re. 2 Lakh Rs. 4 Lakh 80% permanent disability : :
7 |Loss of any limb or part of ‘body resulting in above 20% and | Rs, 1 Lakh Rs. 3 Lakh below 40% permanent disability 8 |Loss of any limb or part of body resulting in below Sh ‘IRs. 1 Lakh Rs. 2 Lakh permanent disability :
9 (Grievous physical i injury or any mental injury requiring Rs. 1 Lakh - Rs.-2 Lakh rehabilitation FET a ‘ .
10 [Loss of Foetus i.e. Miscarriage ds a result of Assault or loss | Rs. 2 Lakh Rs.3 Lakh - of fertility, ] Co } wo 11 [In case of pregnancy on account. of rape. Rs. 3 Lakh Rs. 4 Lakh 12 [Physical abuse to Minor Rs. 2 Lakh 13 [Rehabilitation of victim of Human Trafficking - Rs. 1 Lakh 14 Women Victims of Cross Border Firing: Rs. 2 Lakh (a) Death or Permanent Disability (80% or so) Rs, 1.Lakh *- (b) Partial Disability (40% to 804) 15 |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 ¢. |In case of injury less than 50% Rs. 3 Lakh Rs. 7- Lakh d. [In case of less than 20% Rs. 2 Lakh Rs.3Lakh | 16 [Victims of Acid Attack sa Bs | : 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 $0% | Rs. 3 Lakh Rs. 5 Lakh : [_d. [In case of injury less than 20% Rs. 3 Lakh | Rs. 4 Lakh ] Note; If a woman victim of sexual assault/acid attack is covered a one or more category of the + schedule, she shall be entitled to be considered for combined val ue of the compensation.
8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MARCH 22, 2019 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 Name of the Applicant Vietim(s) or her Dependent(s) “1- Age of the Victim(s) or her Dependent(s)
(c) Spouse’s Name
(a) Father’s Name
(b) Mother's Name Address of the Victim(s) or her/their Dependent(s) Date and time of the Incident Whether FIR has been lodged ?
Whether medical examination has been done? If yes, enclose Medical Report/ Death Certificate /- P.M. Report.
Status of trial, if pending, If over, enclose copy of judgment and order on sentence.
Has the applicant been awarded any compensation by the trial court or any other Govt. agency. If, yes, give details.
10 Give details of financial expenditure/ loss incurred 11s Have you instituted any civil sult/ claim against the perpetrator of offence. If yes, give details.
Signature of the Victim/Dependent.
By Order and in the name of the Lt. Governor, Andaman and Nicobar Islands.
Sd./- (V. K. Sayed Alvi) Assistant Secretary (Home) MGPPE—75/Gazetto/2016—26 Copies. (var)