Poa Act, 1989
Poa Act, 1989
Poa Act, 1989
POA Act, 1989 Rules (Page 1) - Policies / Act / Rule / Codes / Circular - Scheduled Caste Welfare: Ministry of Social Justice and Empowerment, Govern
NOTIFICATION
G.S.R 316(E) - In exercise of the powers conferred by sub-section (1) of Section 23 of the Scheduled
C astes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), the C entral Government
hereby makes the following rules, namely:-
1. Short title and commencement.1. These rules may be called the Scheduled C astes and the Scheduled Tribes (Prevention of Atrocities)
Rules, 1995.
2. They shall come into force on the date of their publication in the Official Gazette.
2. Definitions: In these rules, unless the context otherwise requires:a. "Act" means the Scheduled C astes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33
of 1989);
b. "dependent", with its grammatical variations and cognate expressions, includes wife, children, whether
married or unmarried, dependent parents, widowed sister, widow and children of pre-deceased son of
a victims of atrocity;
c. "identified area" means such area where State Government has reason to believe that atrocity may
take place or there is an apprehension of reoccurrence of an offence under the Act or an area prone
to atrocity;
d. "Non-Government Organisation" means a voluntary organisation engaged in the welfare activities
relating to the scheduled castes and the scheduled tribes and registered under the Societies
Registration Act, 1860 (21 of 1860) or under any law for the registration of documents or such
organisation for the time being in force;
e. "Schedule" means the Schedule annexed to these rules;
f. "Section" means section of the Act;
g. "State Government", in relation to a Union Territory, means the Administrator or the Union Territory
appointed by the President under Article 239 of the C onstitution;
h. words and expressions used herein and not defined but defined in the Act shall have the meanings
respectively assigned to them in the Act.
3. Precautionary and Preventive Measures.(1) With a view to prevent atrocities on the Scheduled C astes and the Scheduled Tribes, the State
Government shall:i. identify the area where it has reason to believe that atrocity may take place or there is an
apprehension of reoccurrence of an offence under the Act:
ii. order the District Magistrate and Superintendent of Police or any other officer to visit the identified
area and review the law and order situation;
iii. if deem necessary, in the identified area cancel the arms licences of the persons, not being member
of the Scheduled C astes or Scheduled Tribes, their near relations, servants or employees and family
friends and get such arms deposited in the Government Armoury;
iv. seize all illegal fire arms and prohibit any illegal manufacture of fire arms:
v. with a view to ensure the safety of person and property, if deem necessary, provide arms licences to
the members of the Scheduled C astes and the Scheduled Tribes;
vi. constitute a high power State-level committee, district and divisional level committees or such number
of other committees as deem proper and necessary for assisting the Government in implementation of
the provisions of the Act;
vii. set-up a vigilance and monitoring committee to suggest effective measures to implement the
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4. SUPERVISION OF PROSECUTION AND SUBMISSION OF REPORT:1. The State Government on the recommendation of the District Magistrate shall prepare for each District
a panel of such number of eminent senior advocates who has been in practice for not less than seven
years, as it may deem necessary for conducting cases in the Special C ourts. Similarly, in consultation
with the Director Prosecution/incharge of the prosecution, a panel of such number of Public
Prosecutors as it may deem necessary for conducting cases in the Special C ourts, shall also be
specified. Both these panels shall be notified in the Official Gazette of the State and shall remain in
force for a period of three years.
2. The District Magistrate and the Director of Prosecution/in-charge of the prosecution shall review at
least twice in a calendar year, in the month of January and July, the performance of Special Public
Prosecutors so specified or appointed and submit a report to the State Government.
3. If the State Government is satisfied or has reason to believe that a Special Public Prosecutor so
appointed or specified has not conducted the case to the best of his ability and with due care and
caution, his name may be, for reasons to be recorded in writing, denotified.
4. The District Magistrate and the officer-in-charge of the prosecution at the District level, shall review
the position of cases registered under the Act and submit a monthly report on or before 20th day of
each subsequent month to the Director of Prosecution and the State Government. This report shall
specify the actions taken/proposed to be taken in respect of investigation and prosecution of each
case.
5. Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional
Magistrate may, if deem necessary or if so desired by the victims of atrocity engage an eminent
Senior Advocate for conducting cases in the Special C ourts on such payment of fee as he may
consider appropriate.
6. Payment of fee to the Special Public Prosecutor shall be fixed by the State Government on a scale
higher than the other panel advocates in the State.
6. Spot inspection by officers.1. Whenever the District Magistrate or the Sub-Divisional Magistrate or any other executive Magistrate or
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any police officer not below the rank of Deputy Superintendent of Police receives an information from
any person or upon his own knowledge that an atrocity has been committed on the members of the
Scheduled C astes or the Scheduled Tribes within his jurisdiction, he shall immediately himself visit the
place of occurrence to assess the extent of atrocity, loss of life, loss and damage to the property and
submit a report forthwith to the State Government.
2. The District Magistrate or the Sub-Divisional Magistrate or any other executive Magistrate and the
Superintendent of Police/Deputy Superintendent of Police after inspecting the place or area shall on
the spot:i. draw a list of victims, their family members and dependents entitled for relief;
ii. prepare a detailed report of the extent of atrocity loss and damage to the property of the
victims;
iii. order for intensive police patrolling in the area;
iv. take effective and necessary steps to provide protection to the witnesses and other sympathisers of
the victims;
v. provide immediate relief to the victims.
7. INVESTIGATING OFFICER:
1. An offence committed under the Act shall be investigated by a police officer not below the rank of a
Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government
/ Director General of Police/Superintendent of Police after taking into account his past experience,
sense of ability and justice to perceive the implications of the case and investigate it along with right
lines within the shortest possible time.
2. The investigating officer so appointed under sub-rule (1) shall complete the investigation on top
priority within thirty days and submit the report to the Superintendent of Police who in turn will
immediately forward the report to the Director General of Police of the State Government.
3. The Home Secretary and the Social Welfare Secretary to the State Government, Director of
Prosecution the officer in-charge of Prosecution and the Director General of Police shall review by the
end of every quarter the position of all investigations done by the investigating officer.
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District Magistrates and Superintendent of Police or other officers authorised by them investigating officers
and other officers responsible for implementing the provisions of the Act. By the end of the every quarter,
the nodal officer shall review:i. the reports received by the State Government under sub-rule (2) and (4) of rule 4, rule 6, clause (xi)
of rule 8;
ii. the position of cases registered under the Act;
iii. law and order situation in the identified area;
iv. various kinds of measures adopted for providing immediate relief in cash or kind or both to the
victims of atrocity or his or her dependent;
v. adequacy of immediate facilities like rationing, clothing, shelter, legal aid, travelling allowance, daily
allowance and transport facilities provided to the victims of atrocity or his/her dependents;
vi. performance of non-Governmental organisations, the Scheduled C astes and the Scheduled Tribes
Protection C ell, various committees and the public servants responsible for implementing the
provisions of the Act.
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transport facilities shall be made immediately or not later than three days by the District Magistrate or
the Sub-Divisional Magistrate or any other Executive Magistrate to the victims their
dependents/attendant and witnesses for the days they visit the investigating officer or in-charge police
station or hospital authorities or Superintendent of Police/Deputy Superintendent of Police or District
Magistrate or any other officer concerned or the Special C ourt.
7. When an offence has been committed under Section 3 of the Act, the District Magistrate or the SubDivisional Magistrate or any other Executive Magistrate shall reimburse the payment of medicines,
special medical consultation, blood transfusion, replacement of essential clothing, meals and fruits
provided to the victim(s) of atrocity.
13. SELECTION OF OFFICERS AND OTHER STAFF MEMBERS FOR COMPLETING THE WORK
RELATING TO ATROCITY:
1. The State Government shall ensure that the administrative officers and other staff members to be
appointed in an area prone to atrocity shall have the right aptitude and understanding of the problems
of the Scheduled C astes and the Scheduled Tribes.
2. It shall also be ensured by the State Government that person from the Scheduled C astes and the
Scheduled Tribes are adequately represented in the administration and in the police force at all levels,
particularly at the level of police posts and police station.
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(1) The State Government shall prepare a model contingency plan for implementing the provisions of the Act
and notify the same in the Official Gazette of the State Government. It should specify the role and
responsibility of various departments and their officers at different levels, the role and responsibility of
Rural/Urban Local Bodies and Non-Government Organisations. Inter alia this plan shall contain a package of
relief measures including the following.
a.
b.
c.
d.
e.
f.
g.
h.
i.
(2) The State Government shall forward a copy of the contingency plan or a summary thereof and copy of
the scheme, as soon as may be, to the C entral Government in the Ministry of Welfare and to all the District
Magistrates, Sub-Divisional Magistrates, Inspector General of Police and Superintendents of Police.
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Magistrate and Distt. Social Welfare Officer shall be chairman and Member Secretary respectively.
3. The district level committee shall meet at least once in three months.
ANNEXURE - I
SC HEDULE
(See Rule 12.(4))
NORMS FOR RELIEF AMOUNT
S.
No
1.
Name of offence
Rs. 25.000 or more depending upon the nature and gravity of the offence to
each victim and also commensurate with the indignity, insult, injury and
defamation suffered by the victim. Payment to be made as follows:
I. 25% when the charge sheet is sent to the C ourt.
II. 75% when accused are convicted by the lower court.
Name of offence
2.
C ausing injury
insult or
annoyance
[Section 3(1)(ii)]
3.
Derogatory act
[Sec. 3(1) (iii)]
4.
Wrongful
occupation or
cultivation of land,
5.
Relating to land,
premises and
water [Section 3(1)
(v)]
6.
Begar or forced or
bonded labour
[Section 3(1) (vi)]
Atleast Rs.25,000/- to each victim. payment of 25% at FIR stage and 75%
on conviction in the lower court.
7.
Relating to right to
franchise [Section
3(1) (vii)]
Upto Rs.20,000/ - to each victim depending upon the nature and gravity of
the offence.
8.
False, malicious or
vexatious legal
proceedings
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Atleast Rs.25,000 or more depending upon the nature and gravity of the
offence. The land/premises/water supply shall be restored where necessary
at Government cost, Full payment to be made when charge-sheet is sent to
to the C ourt.
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10.
Insult, intimidation
and humiliation
[Section 3 (1)(x)]
Upto Rs. 25,000/- to each victim depending upon the nature of the offence .
Payment of 25% when charge-sheet is sent to the court and rest on
conviction.
11.
Outraging the
modesty of a
woman [Section 3
(1)(xi)]
Rs.50,000/- to each victim of the offence .50% of the amount may be paid
after medical examination and remaining 50% at the conclusion of the trial.
12.
Sexual exploitation
of a woman
[Section 3(1)(xii)]
13.
Fouling of water
[Section 3 (1)
(xiii)]
14.
Denial of
customary rights of
passage [Section
3(1) (xiv)]
15.
Name of offence
16.
17.
18.
19.
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20.
Murder / Death
(a) Non-earning Member of a family
Name of offence
22.
C omplete destruction/burnt
houses.
ANNEXURE - II
NO. 4-2/83-HW.III
GOVERNMENT OF INDIA
MINISTRY OF WELFARE
New Delhi, the 6th August, 1986.
Subject: Uniform Definitions of the Physically Handicapped.
At present, different definitions for various categories of handicapped are adopted in various
schemes/programmes of the C entral and State Governments. In order to have a standard set of definitions,
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authorised certification authorities and standard tests for purpose of objective certification, Government of
India in Ministry of Welfare set up three committees under the C hairmanship of Director General of Health
Services - one each in the area of visual handicaps, speech and hearing disorders and locomotor disabilities
and a separate C ommittee for mental handicaps.
2. After having considered the reports of these committees and with the concurrence of the State
Governments/UTs and the concerned Ministries/Departments the undersigned is directed to convey the
approval of the President to notify the definitions of the following categories of physically handicapped:1.
2.
3.
4.
Visually handicaps
Locomotor handicaps
Speech and hearing handicaps
Mental handicaps.
Introduction
India is a vast country with variable social, cultural, geographical and economic back ground. Despite
breakthrough in health services, a number of disabilities continue to appear due to polio communicable and
congenital diseases, increased industrialisation and mechanisation vehicular traffic leading to locomotor
disabilities; vitamin - A deficiency, cataract and infectious injuries, nutritional deficiency leading to visual
loss; ear infection, external injuries, noise pollution contributing to hearing loss. These are the three major
disabilities which manifest themselves as a result of one or more of such factors.
2. Government of India are providing a large number of facilities and concessions to disabled persons. In
order to provide these facilities and concessions it is imperative that standard definition of these disabilities is
decided upon. C onsequent to recommendation of the
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National C ouncil for Handicapped Welfare the C ommittees under the chairmanship of Director General of
Health Services met for the adoption of standard set of definitions which should be uniformly applicable
through out the country.
The exercise of evolving a uniform set of definition should not be however to construed to mean that no
definitions have been set forth at present. Definitions of these three major disabilities which are prevalent at
present for extending various concessions and facilities to handicapped are given in Annexure II.
Recommended Definitions
Physical impairment leads to functional limitation and functional limitation leads to disability. Physical
impairment, functional limitation and disability have been defined by WHO and this C ommittee would
recommend adopting this classification, which is as follows:i. Impairment : An impairment is a permanent or transitory psychological or anatomical loss and /or
abnormality. For example a missing or effective part, tissue organ or "Mechanism" of the body such as
an amputated limb, paralysis after polio, myocardial infarotion, cerebrovascular thrombosis, restricted
pulmonary capacity, diabetes, myopia, disfigurement, mental retardation, hypertension, perceptual
disturbance.
ii. Functional limitation : Impairment may cause functional limitations which are the partial or total
inability to perform those activities necessary for motor, sensory, or mental functions within the range
and manner of which a human being is normally capable such as walking, lifting loads, seeing,
speaking, hearing, reading, writing, counting, taking interest in and making contact with surroundings.
A functional limitation may last for a short time a long time be permanent or reversible. It should be
quantifiable whenever possible. Limitations may be described as "Progressive" or "regressive".
iii. Disability : Disability is defined as an existing difficulty in performing one or more activities which, in
accordance with the subject's age, sex and morative social role, are generally accepted as essential,
basic components of daily living, such as self-care, social relations and economic activity. Depending
in part on the duration of the functional limitation disability may be short-term, long-term or
permanent.
Medically, disability is physical impairment and inability to perform physical functions normally. Legally,
disability is a permanent injury to body for which the person should or should not be compensated.
The disability can be divided into 3 periods.
i. Temporary total disability is that period in which the affected person is totally unable to work. During
this time he may receive orthopaedic, opthalmological auditory or speech or any other medical
treatment.
ii. Temporary partial disability is that period when recovery has reached the stage of improvement so
that person may begin some kind of gainful occupation.
iii. Permanent disability, applies to permanent damage or loss of use of some part/parts of the body after
the stage of maximum improvement from any medical treatment has been reached and the condition
is stationary.
The classifications & various concessions being recommended are for the permanent disability only.
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however, feels that it should be made clear that loss of one eye will not be considered as a disqualification on
medical grounds unless a particular post is of such a technical nature that it requires of a person the use of
both the eyes or 3 dimensional vision. The C ommittee also recommends that if a person has been declared
unfit due to some temporary visual loss/defect, it should not be construed to mean as disabled if such a
temporary impairment in the opinion of a Medical Board can be overcome with treatment or visual aids.
Guidelines for evaluation & categorisation of visual disabilities are given in Appendix III.
2. Evaluation & Assessment of Hearing & Speech Disability
The C ommittee recommended that the definitions which are internationally accepted and have been adopted
by WHO may be adopted in this country also for evaluation and categorisation of hearing & speech loss.
The recommended classification and guidelines for evaluation of hearing loss are given in Appendix II. The
C ommittee also considered various facilities/concessions which may be given to hearing handicapped
persons and suggestions of the facilities which may be offered to the hearing handicapped for rehabilitation
are also given in Appendix II.
3. Evaluation & Assessment of Orthopaedic Disabilities
The C ommittee recommends that Kessler's method may be taken as a general guideline for evaluating
orthopaedic disability. Since issues have been raised regarding the quantification of degree of disability, the
authorised Medical Board may also consult any other suitable method and use Kessler's method as a basic
guideline.
The C ommittee is aware that there are other methods of quantification which are at variance with the
Kessler's guidelines. However, Kessler's guidelines for evaluation of various degrees of disability. It is
expected, would hold good for most of the time. The individual Medical Board could take into consideration
other methods which may help the board in evaluating disability in an individual case.
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mild
(b)
Moderate
(c)
Severe
(d)
Profound/total
For persons suffering from cardio pulmonary diseases, there may be no reservations in jobs. These persons
may, however, be considered for extending other concessions such as exemption in typing etc.
The Director General of Health Services, Ministry of Health and Family Welfare will be the final authority,
should there arise any controversy/doubt regarding the interpretation of the
definitions/classification/evaluation tests etc.
Only those persons who have disability more than 40 per cent and above shall be eligible for registration in
Employment Exchanges in the category of handicapped and considered against jobs in public sector reserved
for the physically handicapped.
Annexure - I
Composition of Committees to recommend standard definitions of Disabilities
Dr. D. B. Bisht,
C hairman Director General of Health
Services
Ministry of Health & Family Welfare,
Nirman Bhawan, New Delhi.
C hairman
(Of all the three C ommittees)
On Visually Handicapped
1.
Member
2.
Dr. G. H. Gidwani,
Assistant Director General of Health
Services, Ministry of Health & Family
Welfare, Nirman Bhawan, New Delhi
Member
3.
Shri R. S. Srivastava,
Joint Director,
Director General of Employment &
Training, Ministry of Labour,
Sharam Shakti Bhawan, New Delhi.
Member
4.
Director,
National Institute for the Visually
Handicapped, Rajpur Road,
Dehradun,
(Represented by Shri S. R. Shukla,
Asstt. Director).
Member
5.
Dr. G. Venkataswamy,
Arvind Eye Hospital,
Member
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Madurai, Tamilnadu.
6.
Dr. J. M. Pahwa,
C hief Medical Officer,
Gandhi Eye Hospital,
Aligarh.
Member
7.
Member
Secretary
On Hearing Handicapped
1.
Dr. G. H. Gidwani,
Assistant Director General of Health Services,
Ministry of Health and Family Welfare,
Nirman Bhawan, New Delhi.
Member
2.
Shri R. S. Srivastava,
Joint Director,
Director, General of Employment &
Training, Ministry of Labour,
Sharam Shakti Bhawan, New Delhi.
Member
3.
Dr. S. K. Kacher,
All India Institute of Medical Sciences,
New Delhi.
Member
4.
Member
5.
Dr. N. Rathna,
Director,
Ali Yavar Jung Institute of Hearing
Handicapaped, Haji Ali Parh,
Mahalaxmi, Bombay - 400 034.
(Represented by Dr. M. N. Nagaraja,
Dy. Director in the meeting on 25-6-84)
Member
6.
Member Secretary
Orthopaedically Handicapped
1.
Dr. G. H. Gidwani,
Assistant Director General of Health Services,
Ministry of Health and Family Welfare,
Nirman Bhawan, New Delhi.
Member
2.
Shri R. S. Srivastava,
Joint Director,
Director, General of Employment &Training,
Ministry of Labour,
Sharam Shakti Bhawan, New Delhi.
Member
3.
Member
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Director,
National Institute of Orthopaedically
Handicapped, B. T. Road, Bon Hooghly,
C alcutta.
Member
5.
Dr. A. K. Mukherjee,
Director,
All India Institute of Physical Medicine
and Rehabilitation,
Haji Ali Parh, Bombay.
Member
6.
Dr. S. K. Verma,
Head of Deptt. Of Physical Medicine and
Rehabilitation, All India Institute of
Medical Sciences, New Delhi.
Member
7.
Dr. B. P. Yadav,
Head Rehabilitation Department,
Safdarjung Hospital,
New Delhi.
Special Invitee
8.
Dr. J. S. Guleria,
Prof. & Head of Deptt. of Medicine,
Dean, All India Institute of Medical
Sciences, New Delhi.
Special Invitee
9.
Member- Secretary
Annexure - II
(1) Visually Handicapped
The definition adopted for visual handicapped for extending the concession, scholarships admission to
Integrated education system, reservation in jobs, assistance for purchase/fitting of aids and appliances : The blind are those who suffer from either of the following conditions.a. Total absence of sight.
b. Visual acquity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lences.
c. Limitation of the field of vision substanding and angle of degree or worse.
Definition of Hearing Handicapped under various Schemes.
SCHOLARSHIPS
The deaf are those in whom the sense of hearing is non-functional for ordinary purposes of life. They do not
hear/understand sound at all even with amplified speech. The cases included in this category will be those
having hearing loss more than 70 decibles in the better ear (profound impairment) or total loss of hearing in
both ears.
Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances
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