19
---- JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 26985176. 26981717 Fa:: 269I0229Grama:JAMlA Bmail: [email protected] Wcbiite : httplljmi.Dic.in (A Ccmral UniVCDlty by an Act of Parliament) Mau1ana Mohammed All lauhar Marg. New Delhi-I 10025 Office of the Registrar F.No. IL&O/ROIJMI/2014 November 17,2014 Subject: The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 - regarding. Sir/Madam, I am directed to enclose herewith a copy of Gazatte Notification No.7 dated 04.03.2014 on the subject mentioned above for information and records. )'~s sincerely, V.-tt- e- ',> (S. Viqar u n Zaidi) Asstt. Registrar (L&O) Encl: As stated Copy for information to:- 1. All Deans of Faculties/DSWlHoDs/Directors/Hony. Directors of the Centres, JMI 2. The Controller of Examinations, JMI 3. The Hony. Advisor, FTK Centre for Information Technology, JMI - With the request to display on Jamia's Website. 4. The Additional Director, FTK Centre for Information Technology, JMI 5. The Finance Officer, JMI 6. The Dy. Registrar (HRD), JMI 7. The Asstt. Registrar (Establishment), JMI 8. The Development Officer, JMT 9. The O.S.D. (Admn.), JMI 10. The Media Co-ordinator, JMI 11. The Hindi Officer, JMI - With the request to pursue uploading on University's website and updating the amendment in the relevant Ordinance. 12. The Secretary to the Vice-Chancellor, JMT 13. The Asstt. Registrar (Legal & Ord.), JMI 14. The Asstt. Registrar (A&C), JMl IS. The Asstt. Registrar, Registrar's Secretariat, JMI 16. File IFolder

JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Embed Size (px)

Citation preview

Page 1: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

----

JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-426985176. 26981717Fa::269I0229Grama:JAMlABmail: [email protected] : httplljmi.Dic.in

(A Ccmral UniVCDlty by an Act of Parliament)Mau1ana Mohammed All lauhar Marg. New Delhi-I 10025

Office of the Registrar

F.No. IL&O/ROIJMI/2014 November 17,2014

Subject: The Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Amendment Ordinance, 2014 - regarding.

Sir/Madam,

I am directed to enclose herewith a copy of Gazatte Notification No.7dated 04.03.2014 on the subject mentioned above for information andrecords.

)'~s sincerely,V.-tt- e- ',>

(S. Viqar u n Zaidi)Asstt. Registrar (L&O)

Encl: As stated

Copy for information to:-1. All Deans of Faculties/DSWlHoDs/Directors/Hony. Directors of the

Centres, JMI2. The Controller of Examinations, JMI3. The Hony. Advisor, FTK Centre for Information Technology, JMI -

With the request to display on Jamia's Website.4. The Additional Director, FTK Centre for Information Technology, JMI5. The Finance Officer, JMI6. The Dy. Registrar (HRD), JMI7. The Asstt. Registrar (Establishment), JMI8. The Development Officer, JMT9. The O.S.D. (Admn.), JMI10. The Media Co-ordinator, JMI11. The Hindi Officer, JMI - With the request to pursue uploading on

University's website and updating the amendment in the relevantOrdinance.

12. The Secretary to the Vice-Chancellor, JMT13. The Asstt. Registrar (Legal & Ord.), JMI14. The Asstt. Registrar (A&C), JMlIS. The Asstt. Registrar, Registrar's Secretariat, JMI16. File IFolder

Page 2: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

' ..~'

•••..••.:•.••..••.•.' .•••'••.•••' ..v .•. _.. ~••••.. , ..••.•. - .••• .-_., ., • F: No 7~112014~SC/ST"-'"

Government of IndiaMinistry of Human Resource Development

Department of Higher Education

Shastri Bha an, New Delhir Dated the 2 th March, 2014

OFFICE MEMORANDUM

Subject: The. ~c?eduled Castes and. th~ Scheduled Tribes tevention of. Atrocities) Amendment Ordinance, 2014-reg.

" '. . .' . .

A copy of the Scheduled Castes and the Scheduled TribesJ

revention ofAtrocities) Amendment Ordinance, 2014 as notified in the G ette of India,Extraordinary on 04.03.2014 received from Ministry of Sodia! Justice &Empowerment is circulated for appropriate action.

. . .

2. The objective of amendments in the Scheduled Castes and the ScheduledTribes (prevention of Atrocities) {PgA} Act, 1989 made by the aforesaid

.Ordinance is to deliver members-of Scheduled Castes and SdI duled Tribes,gre~ter .justice and ~ enhanc~d deterre~t to the off~nders. The '.offence ~ders~ct1on 3(1) (za)(D) of the Ordinance, .whi~h attract~ st1pulat~d pwfshment, mter-alia, rtlates to 06stmctmg or preventing a member of a Schedultd Caste or .aSc~dule&Tribe!n any manne~ with regard to entering any educa~o; a! institution. -

I "End.: As above

(Afiil Grorola)Under Secretary to th Govt. of India

Tel. No. 23388030

The Vice-Chancellor,Jamia Millia Islamia, Jamia Nagar,New Delhi - 110 025.

:» 4S--J Le--1l,LJ'yfj;f+·t,·)LJ-}

/'" J, '... 0~~ t.-J

~

1(lfW·fA 4G

Page 3: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

~ ~o ~o ~"--(v;r)04/0007/2003-14 REGISTERED NO, DL-(N)04/0007/200J-14I

!

dHtI"II(UIEX'IRAORDINARY

'1PT n- ~ 1PART U - SectRm 1

~Tcm~ ~""Iflld

PUBUSHED BY AUTIIORITY

~ 7) "1l~; Q4lt'1tC,I<O 1Wif 4, 2.0141 ~ 13, 193~(~No.7J NEWDELHl, TUESDAY, MARCH 4, lOl4IPHALGUNA 13, t 35 (SAKA)

~ 'tT'f if i'R ~~ '<t ~ t~ fcfi" ~ ~ ~ '*~ if '"ITri' ISeparate paging is given to this Part ia order tb.tit may be fded as a separate compilatioa.

'MINISTRY OF LAW AND JUSTICE

(Legislative Department)New Delhi; the 4th March. 20141Phalguna 1 ,1935 (Saka)

THE SCHEDULED CASTES AND THE SCHEDULED(PREVTh710N OF ATROCITIES) AMENDMENT ORD~

(No. 1 OF 2014)

Promulgated by the President in the Sixty-fifth Year of the Republic

An Ordinance to amend the Scheduled Castes and the Se 'Tribe's (Prevention of Atrocities) Act, 1989.

WHEREAS' the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Amendment Bill, 2013, to give effect I to theaforesaid objective, was introduced on the 12th December, 2013 in theHouse of the People;

AND WHEREAS the said Bill could not he taken ~ for.consideration and passing in'the House of the People; I

.' !AND WHEREAS Parliament is ~ot in session and the Presi~ent is

satisfied that circumstances exist Wh-IChrender it necessary for him totake immediate' action; i

/.....

Page 4: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Short ti.le andcommencement.

Amendment oflong title,

Amendment ofsection 2.

2 TIffi GAZEITE OF INDIA EX] RAORlJINN'.Y lPARTIl-

Now, 'THEREFORE, in exercise of the powers conferred by clause (i)of article 123 of the Constitution, the President is pleased topromulgate the following Ordinance:-

I.' (1) This Ordinance may be called the Scheduled Castes and theScheduled Tribes (Prevention of Atrocities) Amendment Ordinance,2014.

(2) It shall come into force at once.

~. In the Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989 (hereinafter referred to as the principal Act), inthe long title, for the words "Special Courts't.. the words "SpecialCourts and the Exclusive Special Courts" shall be substituted.

33 of 1989.

3~In section 2 of the principal Act, in sub-section (1),-

(i) after clause (b), the following clauses shall be inserted,namely--

"(bb) "dependent" means the spouse, children, parents. brotherand sister of the victim, who ace dependent wholly or mainly onsuch victim for his support and maintenance;

(be) "economic boycott" means-

{i) a refusal to deal with, work for hire or do businesswith other person; or

(ii) to deny opportunities including access to services orcontractual opportunities for rendering service forconsideration; or

(iii) to refuse to do anything on the terms on whichthings would be commonly done in the ordinary course ofbusiness; or

(iv) to abstain from the professional or businessrelations that one would maintain with other person;

(bd) "Exclusive Special Court" means the Exclusive Special Courtestablished under sub-section (1) of section 14 exclusively to try theoffences under this Ordinance;

(be) "forest rights" shall have the meaning assigned to it in sub-section (1) of section 3 of the 'Scheduled Tribes and Other

Page 5: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

:> of 2007.

150[2013.

45 of 1860.

45 of 1860.18ofl872.2 of 1974.

SEC. I] THE GAZETTE OF INDlAEXTRAORDINARY 3

Traditionai Forest Dwellers (Recognition of forest Rights) Act.2006; ,

(bf) "manual scavenger" shall have the meaning assigned to itin clause (g) of sub-section (1) of section 2 of the Prohibition ofEmployment as Manual Scavengers and their Rehabilitation Act,2013;

, .(bg) "public servant" means a public servant as defi ed undersection 21 of the Indian Penal Code, as well as any ot er persondeemed to be a public servant under any other law fo the timebeing in force and includes any ,person acting in h IS officialcapacity under the Central Government or the State Government,as the case may be;';

(ii) after clause (e), the following clauses shall be inserted, amely:-

'(ea) "Schedule" means the Schedule appende to thisOrdinance;

(eb) "social boycott" means a refusal to permit a Person torender to other person or receive from him any custom~ serviceor to abstain from social relations that one would maintain withother person or to isolate him from others;

(ec) "victim" means any individual who falls within thedefinition of the 'Scheduled Caste and Scheduled Tri~e' underclause (c) of sub-section (1) of section 2, and who has suffered orexperienced physical, mental, psychological, emotional ormonetary harm or harm to his property as a result of thecommission of any offence under this Ordinance and includes hisrelatives, legal guardian and legal heirs;

(ed) "witness" means any person who is acquainted with thefacts and circumstances, or is in possession of any information C?rhas knowledge necessary for the purpose of investigation inquiryor trial of any crime involving an offence under this Or ir.ance,and who is or may be required to give information orimake astatement or produce any document during investigation, inquiryor trial of such case and includes a victim of such offence;';

(iii) for clause (f), the following clause shall be substituted, name.yi-

"(f) the words and expressions used but not defined in thisOrdinance and defined in the Indian Penal Code, the IndianEvidence Act, 1872 or the Code of Criminal Procedure, 1973, as

Page 6: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Amendment ofsection 3.

4 TIffi GAZETfE OF lNDIAEXTRAORDINARY [PARTIl-

the case may be, shall be deemed to have the meaningsrespectively assigned to them in those enactments.".

. In section 3 of the principal Act,-

(i) for silo-section (I), the following sub-section shall besubstituted, namely»-

;(1) Whoever, not being a member of a Scheduled Caste ora Scheduled Tribe,-

(a) puts any inedible or obnoxious substance into themouth of a member of a Scheduled Caste or a ScheduledTribe or forces such member to drink or eat such inedibleor obnoxious substance;

(b) dumps excreta, sewage, carcasses or any otherobnoxious substance in premises, or at the entrance of thepremises, occupied by a member of a Scheduled Caste er aScheduled Tribe;

(c) with intent to cause injury, insult or annoyance toany member of a Scheduled Caste 'Of a Scheduled Tribe,dumps excreta, waste matter, carcasses or any otherobnoxious substance in his neighborbood;

(d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a ScheduledTribe;

(e) forcibly commits on a member of a Scheduled Casteor a Scheduled Tribe any act, such as removing clothesfrom the person, forcible tonsuring of head, removingmoustaches, painting face or body or any other similar act,which is derogatory to human dignity;

(f) wrongfully occupies or cultivates any land, ownedby, or in the possession of or allotted to, or notified by anycompetent authority to be allotted to, a member. of aScheduled Caste or a Scheduled Tribe., or gets such landtransferred;

(g) wrongfully dispossesses a m:ember of a ScheduledCaste or a Scheduled Tribe from his land or premises orinterferes with the enjoyment of his rights, including forestrights, over any land or premises or water or irrigation

Page 7: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

SEC. 1) TIffi GAZETTE OF INDIA EXTRAORDINARY

facilities or destroys the crops or rakes away the producetherefrom.

Explanation.-For the purposes of clause (f) and this clause,the expression "wrongfully" includes '-

CA) against the person's will;(B) without the person's consent;(C) with the person's consent, where such consent as been

obtained by putting the person, or any other person iq whomthe person is interested in fear of death or of hurt; or

'(D) fabricating records of such land;

(h) makes a member of a Scheduled Caste or a Schedul I Tribeto do "begar" or other forms of forced or bonded labour ot~er thanany compulsory service for public purposes imposed y theGovernment;

(i) compels a member of a Scheduled Caste or a Se eduledTribe to dispose or carry human or animal carcasses, or to diggraves;

(j) makes a member of a Scheduled Caste or a Schedul Tribe.to do manual scavenging or employs or permits the employment ofsuch member for such purpose;' . I

(k) performs, or promotes dedicating a Scheduled C4e or aScheduled Tribe woman to a deity, idol, object of worship. temple,or other religious institution as a devadasi or any other ~tmilarpractice or permits aforementioned acts; I

(I) forces or intimidates or prevents a member of a ScheduledCaste or a Scheduled Tribe-' .

(A) not to vote or to vote for a particular candidate or to votein a manner other than that provided by law;

(B) not to file a nomination as a candidate or to withdrawsuch nomination; or

•(C) not to propose or second the nomination of a member of

a Scheduled Caste or a Scheduled Tribe as a candidate in anyelection;

(m) forces or intimidates or obstructs a member of a Scheduled

5

Page 8: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

II

6 TIlE GAZETrE OF INDlAEXTRAORDINARY

Carte or a Scheduled T.ribe, who is a member or a Chairperson or aholder of any other office of a panchayat under Part IX of theConstitution or a municipality under Part IX A of the Constitution.fro~ performing their.normal duties and functions;

I(n) after the poll, causes hurt or grievous hurt or assault orimposes or threatens to impose social or economic boycott upon am~mber of a Schedule Caste or a Scheduled Tribe or prevents fromaVfiling benefits of any public service which is due to him;

I(0) commits any offence under this Ordinance against a'mymber of a Scheduled Caste or a Scheduled Tribe for havingvoted or not having voted for a particular candidate or for havingv ted in a manner provided by law;

I (P) institutes false, malicious or vexatious suit or criminal orot er legal proceedings against a member of a Scheduled Caste or aS heduled Tribe;

(q) gives any false or frivolous information to any publics ant and thereby causes such public servant to use his lawfulPi wer to the injury or annoyance of a member of a Scheduled

e or a Scheduled Tribe;

I (r) intentionally insults .or intimidates with intent to humiliase amember of a Scheduled Caste or a Scheduled Tribe in any place'1ithin public view;

I(s) abuses any member of a Scheduled Caste or a Scheduled

Tnbe by caste name in any place within public view;

I (t) destroys, damages or defiles any object generally known toDe held sacred or in high esteem.by members of the ScheduledCastes or the Scheduled Tribes.

Explanation.-For the purposes of this clause, the expression"object" means and includes statue, photograph and portrait;

(u) by words either written or spoken or by signs or by visiblerepresentation or otherwise promotes or attempts to promotefeelings of enmity, hatred or ill-will against members of theScheduled Castes or the Scheduled Tribes;

(v) by words either written or spoken or by any other meansdisrespects any late person held in high esteem by members of theScheduled Castes or the Scheduled Tribes;

Page 9: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

SEC. 1) THE GAZETTE OF INDIA EXTRAORDINARY

Cv••:) (i) intentionally touches a woman belonging to a Se eduJedCaste· or a Scheduled Tribe, knowing that she belor.ss to 3Scheduled Caste or a Scheduled Tribe, when such act of °rluchingis of a sexual nature and is without the recipient's consent;

(ii) uses words, acts or gestures of a sexual nature to .ards awoman belonging to a Scheduled Caste or a Scheduled Tribe,knowing that she belongs to a Scheduled Caste or a Se eduledTribe.

Explanation.-For the purposes of sub-clause (i, theexpression "consent" means an unequivocal voluntary agreementwhen the person by words, gestures, or any form of non]1verbalcommunication, communicates willingness to participate in the.specific act: ..

Provided that a woman belonging to a Scheduled Cas e or aScheduled Tribe who does not offer physical resistance to Jrry actof a sexual nature is not by reason only of that fact, is to beregarded as consenting to the sexual activity:

Provided further that a woman's sexual history, inc1udin withthe offender shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or anyother source ordinarily used by members of the Scheduled I astesor the Scheduled Tribes so as to render it less fit for the pu se forwhich it is ordinarily used;

(y) denies a member of a Scheduled Caste or a Schcdul Tribeany customary right of passage to a pI,ace of pu~lic re-sprt, orobstructs such member so as to prevent him from usmg or havingaccess to a place of public resort to which other members of publicor any other section thereofhave a right to use or access to;

(z) forces or causes a member of a Scheduled Caste or aScheduled Tribe to leave his, house, village or other place ofresidence:

Provided that nothing contained in this clause shall appl y toany action taken in discharge of a public duty; . f

(za) obstructs or prevents a member of a Scheduled Caste or aScheduled Tribe in any manner with regard to -

--v

7

Page 10: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

8 TI-IE GAZEITEOF INDIA EXTRAORDINARY [PART JI

(A) using common property resources of an area, or burial.fr cremati~n ground equalI~ with others or using any. river,ftream, sprmg, well, tank, cistern, water-tap or other \••.·ateringplace, or any bathing ghat, any public conveyance, any road, or

Jassage;

CB) mounting or riding bicycles or motor cycles or wearingootwear or new clothes in public places or taking out wedding

rrocess!on, or mounting a horse or any other vehicle during weddingprocessions;

(C) entering any place of worship which is open to theublic or other persons professing the same religion or takingart in, or taking out, any religious, social or culturalrocessions including jatras;

I (D) entering any educational institution, hospital,bispensary, primary health centre, shop or place of publicfntertainment or any other public place; or using any utensils QTarticles meant for public use in any place open to the public; or

(13) 'Practicing any profession or the carrying on of anyccupation, trade or business or employment in any job which

other members of the public. or any section thereof, have aight to use or have access to;

zb) causes physical harm or mental agony of a member of aSc~eduled Caste or a Scheduled Tribe :on the allegation ofpracticing witchcraft or being a witch; or

(zc) imposes or threatens a social or economic boycott of any personor family or a group belonging to a Scheduled Caste or a ScheduledTrit,

shall ble punishable with imprisonment for a term which shall not beless than six months but which may .extend to five years and with 'fine.'; I . .

I

(ii) in sub-section (2),-I

(a)' in clause (v), for the words "on the ground that suchperson is a member of a Scheduled Caste or a Scheduled Tribe orsuch property belongs to such member", the words "knowing thatsuch person is a member of a Scheduled Caste or a ScheduledTribe or such property belongs to such member" shall besubstituted;

Page 11: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY

I(b) after clause Cv), the following clause shall be .:

namely:- .

"(va) commits any offence specified ill tileS i hedule,against a person or property, knowing that such per on IS amember of a Scheduled Caste or a Scheduled Tribe r suchproperty belongs to such member, shall be punisha le withsuch punishment as specified under the Indian Penal ode forsuch offences and shall also be liable to fine.".

·15 of 1860.

5. For section 4 of the principal Act, the following section hall besubstituted, namely:-

"4. (1) Whoever, being a public servant but not being a rremberof a Scheduled Caste or a Scheduled Tribe, wilfully neglects hisduties required to be performed by him under this Ordina ce andthe rules made thereunder, shall be punishable with impris nmentfor a term which shall not be less than six months but whi h mayextend to one year.

(2) The duties of public servant referred to in sub-section (I)shall include-

(d) to record the statement of the victims or witnesses;

(a) to read out to an informant the information given oral y, and. reduced to writing by the officer in charge of the police ation,before taking the signature of the informant;

(b) to register a complaint or a First Information Report underthis Ordinance and other relevant provisions and to register it underappropriate sections of this Ordinance;

(c) to furnish a copy of the information so recorded forth ith tothe informant;

(e) to conduct the investigation and tile charge sheet i 1 tl.eSpecial Court or the Exclusive Special Court within .3 pcri d ofsixty days, and to explain the delay if any, in writing;

(f) to correctly prepare, frame and translate any document orelectronic record;

(g) to perform any other duty specified in this Ordinance or therules made thereunder:

Provided that the charges in this regard against the public

9

Substitution ofnew section forsection 4.

Punishment forneglect of duties.

Page 12: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

• I

.':"lfl.:nUlI1ent o r<ection 8.

Amendment ofsection 10.

Substitution ofnew section forsection l.t.

Special Courtand ExclusiveSpecial Court.

./I

!O I====

THE GAZETTE OF INDIA EXTRAORDINARY [p'A,RT 11-

servant shall be booked on the recommendation of anadministrative enquiry.

(3) The cognizance in respect of any dereliction of duty referredo in sub-section (2) by a public serv-ant shall be taken by the

Special Court or the Exclusive Special Court and shall givetreclion for penal proceed ings against such pub lie servant.". "

/. In secnon 8 of the principal Act,-

(i) in clause (a), for the words "any financial assistance to aperson accused of', the words "any financial assistance in relationto the 'offences committed by a person accused of' shall besubstituted;

(ii) .after clause (b), the following clause shall be inserted,namely: -

'"(c) [he accused was having personal knowledge: of thevictim or his family, the Court shall presume that the accusedwas aware of the caste or tribal identity of the victim,. unless thecontrary is proved.".

17.11\ section 10 of the principal. Act, in sub-section (1),-

(a) after the words and figures "article 244 of the Constitution",the words, brackets and figures "or any area identified under the

. provisions of clause (vii) of sub-section (2) of section 21" shall beinserted;.

(b) for the words "two years", the words "three 'Years" shall besubstituted.

8. For section 14 of the principal Act, the following section shall besupstituted, namelyo-e-

"14. (1) For the purpose of providing for speedy trial, the StateGovernment shall, with the concurrence of the Chief Justice of theHigh Court, by notification in the Official Gazette, establish anExclusive Special Court for one or more Districts:

Provided that in Districts where less number of cases underthis Ordinance is recorded, the State Government shall, with theconcurrence of the Chief Justice of the High Court, by notificationin the Official Gazette, specify for such Districts, the Court ofSession to be a Special Court to try the offences under this'

Page 13: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

2 of 1974.

:2of1974.

SEC. I) TH E GAZETTE OF INDIA EXTRAORDINARY

Ordinance:

Provided further that the Courts so established or specifiedshall have power to directly take cognizance of offences l rider thisOrdinance.

(2) It shall be the duty of the State Government to establishadequate number of Courts to ensure that cases U I der thisOrdinance are disposed of within a period of two months, as far aspossible.

(3) In every trial in the Special Court or the Exclusiv SpeciaJCourt, the proceedings shall be continued from day-to-daj' until allthe witnesses in attendance have been examined, unless th SpecialCourt or the Exclusive Special Court finds the adjou ,: t of thesame beyond the following day to be necessary for reas ns to berecorded in writing:

Provided that when the trial relates to an offence u ider thisOrdinance, the trial shall, as far as possible, be complet I within aperiod of two months from the date of filing of the charge sheet.".

Insertion of ne",section 14A.

9. After section 14 of the principal Act, the following sectio shall beinserted, namely:-

"14A. (1) Notwithstanding anything contained in the Code of Appeals.Criminal Procedure,1973, an appeal sh:111 lie, from any judgment,sentence or order, not being an interlocutory ·order, of J SpecialCourt or an Exclusive Special Court, to the High Court bolon factsand on Jaw.

(2) Notwithstanding anything contained in sub-sectio (3) ofsection 378 of the Code of Criminal Procedure, 1973, '11appealshall lie to the High Court against an order of the Special Court orthe Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other lal for thetime being in force, every appeal under this section shall bepreferred within a period of ninety days from the dat] of thejudgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal lfter theexpiry of the said period of ninety days if it is satisfied/ that theappellant had sufficient cause for not preferring the appeal withinthe period of ninety days:

Provided further that no appeal shall h~';entertained after the

••

Page 14: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Scbsiitution erItC\~ section forsection 15

Special PublicProsecutor andExclusivePublicProsecutor.

Insertion of ne\\"Chapter rv A. .

Rights ofvictims andwitnesses.

12 THEGAZETTEOF INDIA EXTRAORDINARY="::'-=--=-'- ..===== [PARTII-·._-_. ------------ .._ .._-----

expiry of the period ofone hundred and eighty days.

I (~) Every appeal preferred under sub-section (1) shall, as far asr-rosslble, be disposed of within a period of three months from thegate of admission of the appeal.

IO. For section 15 of the principal Act, the following section shall

be ubsrituted, namely»-

"15. (I) For every Special COUlt, the State Government shall,y notification in the Official Gazette, specify a Public Prosecutorr appoint an advocate who has been in practice as an advocate forat less than seven years, as a Special Public Prosecutor for the

purpose of conducting cases in that Court ..

(2) For every Exclusive Special Court, the State Governmentshall, by notification in the Official Gazette, specify an ExclusivePublic Prosecutor or appoint an advocate who has been in practiceas an advocate for not less than seven years, as an Exclusive PublicProsecutor for the purpose of conducting cases in that Court.".

11. After Chapter IV of the principal Act! the following Chaptersha !be inserted, namely:-

"'CHAPTER IV ARIGHTS OF VICTIMS AND WITNESSES

j 5A. (I) It shall be the duty and responsibility of the State tomake arrangements for the protection of victims, their dependents,and witnesses against any kind of intimidation or coercion -orinducement or violence or threats of violence.

(2) A victim shall be treated with fairness, respect ami dignityand with due regard to any special need that arises because of theyicJ~m's age or gender or educational disadvantage or poverty.

(3) A victim or his dependent shall have the right to reasonable,accurate, and timely notice of any Court proceeding including anybail proceeding and the Special Public Prosecutor or the StateGovernment shall inform the victim about any proceedings underthis Ordinance.

(4) A victim or his dependent shall have the right to appJy to theSpecialCourt or the Exclusive Special Court, as the case may be, tosummon parties for production of any documents or material,witnesses or examine the persons present.

Page 15: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

'.

.: of t97-l.

Src:: )] 1Hb (iAZET 11::(.IF INDIA i:XI'RAORDINARY -------.-.... - ..-_..---------:--t

(5) A victim or his dependent shall be entitled- to be eard at anyproceeding under this Ordinance in respect of bail, discharge,release, parole" conviction or sentence of an accused or anyconnected proceedings or arguments and file written submission onconviction, acquittal or sentencing.

(6) Notwithstanding anything contained in the Code f CriminalProcedure, 1973, the Special Court or the Exclusive S ecial Courttrying a case under this Ordinance shall provide to a victim, hisdependent, informant or witnesses--

(a) the complete protection to secure the ends ot'j I stice;

(b) the travelling and maintenance expenses duringinvestigation, inquiry and trial; and l

(c) the social-economic rehabilitation during in estigatron,inquiry and trial;

·(d) relocation.

(7) The State shall inform the concerned Special C urt or theExclusive Special Court about the protection provided to any victimor his dependent, informant or witnesses and suchourt shallperiodically review the protection being offered and passappropriate orders.

(8) Without prejudice to the generality of the provisins of sub-section (6), the concerned Special Court or the, Exclus ve SpecialCourt may, on an application made by a victim or hjs ependent,informant or witness in any proceedings before it or by he SpecialPublic Prosecutor in relation to such victim, informant or witness oron its own motion, take such measures including--

(a) concealing the names and addresses of the witnesses m itsorders or judgments or in any records of the case accessible to thepublic;

(b) issuing directions for non-disclosure of the id ntity andaddresses of the witnesses;

(c) take immediate action in respect of any complaint elating toharassment of a victim, informant or witness and on the same day.Tfnecessary, pass appropriate orders for protection:

13

Page 16: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART JJ---

Pr vided that inquiry or investigation into the complaintreceivFd under clause (c) shall be tn.ed. sepatat~ly rr~lJ1 the maincase ~y such Court and concluded within a period of two monthsfrom re date of receipt of the complaint:

:rrvided furt~er that where the complaint und~r clause (c) isagalUi! any public servant, the Court shall restrain such publicserval]t from interfering with the victim, informant or witness, as thecase ~ay; be. in any ~~tter related or unrelated to the pending case,excep/. WIth the permission of the Court. .

(~.. It shall be the duty of the Investigating Officer and theStatio 1 House Officer to record the complaint of victim, informantor w tnesses against' any kind of intimidation, coercion orindu ment or violence or threats of violence, whether given orallyer in Ylfiting, and a photocopy of the Flrst Informatiort Report shallbe imrediatdy given to them at free of cost. .

(1P) AU proceedings relating to offences under thrs Ordinanceshall c video recorded.

(11) It shall be the duty of the concerned State to specify anappro riate scheme to ensure implementation of the following rightsand e titlernents of victims and witnesses in accessing justice so as

(a) to provide a copy of the recorded First Information Reportat frcle of cost;

. (~) to provide immediate relief in cash or in kind to atrocityvictii5 or their dependents;

cb to provide necessary protection to the atrocity victims ortheiJ dependents, and witnesses;

.(~) to provide relief in respect of .death or injury or damage toproperty; -

Cl) to arrange food or water or clothing or shelter or medicalaid dr transport facilities or daily allowances to victims;

IGf) to provide the maintenance expenses to the atrocity victims

and ~heir dependents; .

(g) to provide the information about the rights of atrocityvictims at the time of making complaints 'and registering the First

~E========~__====~ _

Page 17: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Information Report;

----

SEC. I] THEGAZETTEOF INDIA EXTRAORDINARY 15-----:=...=======--====-:========-..:~==--=--:::-==::::::::::...::::::--::::~-. ~=--=--=~-==--===.~-.-:

(h) to provide the protection to atrocity victrn s Of theirdependents and witnesses from intimidation and harass ent:

(i) to provide the information to atrocity victims or theirdependents or associated organisations or individuals, UI~ the statusof investigation and charge sheer and to provide copy of the chargesheet at free of cost;

(j) to take necessary precautions at the time f medicalexamination;

(k) to provide information to atrocity victims or theirdependents or associated organisations or individuals, re arding therelief amount; •

(I) to provide information to atrocity victims or theiror associated organisations Or individuals, in advancedates and place of investigation and trial;

(m) to give adequate briefing on the case and prep ration fortrial to atrocity victims or their dependents or. sociatedorganisations or individuals and to provide the legal aid f r the saidpurpose;

(n) to execute the rights of atrocity victims or their d .pendentsor associated organisations or individuals at every sta e of theproceedings under this Ordinance and to provide the h~cessaryassistance for the execution of the rights. I

(J 2) It shall be the right of the atrocity victims I or theirdependents, to .take assistance from the NOn-GOrernmentOrganisations, social workers or advocates.".

12. After section 23 of the principal Act, the following 5<.:hedul~ insertion of newshall be inserted, namely:- Schedule.

Page 18: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

Section under r Name of offence and punishment.the Indian Penal I

Code. -i . ,--- 120..\--- I Definition of criminal conspir~y.-------------------·---------

120B Punishment of criminal conspiracy,

16

IL

THE GAZETl'E OF INDtA EXTRAORDINARY [PARl 11--=-~r-----

"THE SCHEDULE[See section 3(2) (va)J

141 J Unlawful assembly.

142 Being member of-unlawful assembly.

-----------.-~- .---.---------------,.~----------~----143 Punishment for unlawful assembly.

145

146 Rioting.

147 ,/puniSlnnent for doting.

ioting, armed with deadly weapon.148

217 ublic servant disobeying direction of law with intent to save personram punishment or property from forfeiture.

319

320 frievous hurt.

Punishment for voluntarily causing hurt.323

IVoluntarily causing hurt by dangerous weapons or means.324

Punishment for voluntarily causing grievous hurt.325

Voluntarily throwing or attempting to throw acid.326B

332 Voluntarily causing hurt to deter public servant from his duty.

Page 19: JAMIA MILLIA ISLAMIA - jmi.ac.injmi.ac.in/upload/advertisement/sc_st_amendment_ordinance_2014... · JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated bythe

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY l7

341 ; Punishment for wrongful restraint.I -

.--- 354--~ Assault or criminal force to woman with intent to 0 .traze her rnodestv.i L - -354A I Sexual harassment and punishment for sexual haras ment.

·1 Assault or use of criminal force to woman with inte354B t to disrobe.I

354C Voyeurism.

354D Stalking.

359 Kidnapping..

363 Punishment for kidnapping.I

365 Kidnapping or abducting with intent secretly and Wrongfully to confmeperson.

376B Sexual intercourse by husband upon his wife during separation.

376C Sexual intercourse by a person in authority.

447 Punishment for criminal trespass.I

506 Punishment for criminal intimidation.

509 Word, gesture or act intended to insult the modesty (j)fa woman.".. I.

P NAB MUKHERJEE,. President.

P.K. MALHOTRA,Secy. to the Govt. Q,r l~~ir].

PRJNTED DY THE GE:\lERAL MANAGER, GOVERNMENT OF INDIA PRESS. MINTO ROAD. NEW DELHIAND PUBLISHED BY THE CONTROLLER OF PUBLlCATlONS.DELHI ..-2014.

GMGIPMRN~809GI(CRC}-04-03_20 14.