(1) These rules may be called the Scheduled Castes 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.

In these rules, unless the context otherwise requires:

(a) Act means the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989);

2[(b) dependent means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for support and maintenance;]

(c) identified area means such area where State Government has reason to believe that atrocity may have taken place or there is an apprehension of reoccurrence of an offence under the Act or an area prone to victim of 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 of that Union Territory appointed by the President under Article 239 of the Constitution;

3[(ga) voluntarily shall have the same meaning as assigned to it in Section 39 of the Indian Penal Code (45 of 1860);]

(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.

(1) With a view to prevent atrocities on the Scheduled Castes 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 deemed necessary, in the identified area cancel the arms licences of the persons, not being members of the Scheduled Castes or Scheduled Tribes, their near relations, servants or employees and family friends and get such deposited in the Government Armoury;

(iv) seize all illegal firearms and prohibit any illegal manufacture of firearms;

(v) with a view to ensure the safety of person and property, if deemed necessary, provide arms licences to the members of the Scheduled Castes 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 provisions of the Act;

(viii) set-up Awareness Centres and organise Workshops in the identified area or at some other place to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provisions of various Central and State enactments or rules, regulations and schemes framed thereunder;

(ix) encourage Non-Government Organisations for establishing and maintaining Awareness Centres and Organising Workshops and provide them necessary financial and other sort of assistance;

(x) deploy special police force in the identified area;

(xi) by the end of every quarter, review the law and order situation, functioning of different committees, performance of Special Public Prosecutors, Investigating Officers and other Officers responsible for implementing the provisions of the Act and the cases registered under the Act.

4[(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 have been in practice for not less than seven years, as it may deem necessary for conducting cases in the Special Courts and Exclusive Special Courts.

(1-A) The State Government in consultation with the Director Prosecution or in charge of the prosecution, shall also specify a panel of such number of Public Prosecutors and Exclusive Special Pubic Prosecutors, as it may deem necessary for conducting cases in the Special Courts and Exclusive Special Courts, as the case may be.

(1-B) Both the panels referred to in sub-rule (1) and sub-rule (1-A) 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 5[Special Public Prosecutors and Exclusive 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 6[a Special Public Prosecutor or an Exclusive 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.

7[(4) The District Magistrate and the officer-in-charge of the prosecution at the District level, shall review,

(a) the position of cases registered under the Act;

(b) the implementation of the rights of victims and witnesses, specified under the provisions of Chapter IV-A of 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, which shall specify the actions taken or 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 deemed necessary or if so desired by the victims of atrocity engage an eminent Senior Advocate for 8[conducting cases in the Special Courts or Exclusive Special Courts] on such payment of fee as he may consider appropriate.

(6) Payment of fee to the 9[Special Public Prosecutor and Exclusive Special Public Prosecutor] shall be fixed by the State Government on a scale higher than the other panel Advocates in the State.

(1) Every information relating to the commission of an offence under the Act, if given orally to an officer-in-charge of a Police Station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered in a book to be maintained by that Police Station.

(2) A copy of the information as so recorded under sub-rule (1) above shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a Police Station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a Police Officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer-in-charge of the concerned Police Station to enter the substance of that information to be entered in the book to be maintained by that Police Station.

(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate or 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 Castes 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 dependants 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.

(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.

10[(2) The investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority, submit the report to the Superintendent of Police, who in turn shall immediately forward the report to the Director General of Police or Commissioner of Police of the State Government, and the officer in-charge of the concerned police station shall file the charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days (the period is inclusive of investigation and filing of charge-sheet).

(2-A) The delay, if any, in investigation or filing of charge-sheet in accordance with sub-rule (2) shall be explained in writing by the investigating officer.]

11[(3) The Secretary, Home Department and the Secretary, Scheduled Castes and Scheduled Tribes Development Department (the name of the Department may vary from State to State) of the State Government or Union Territory Administration, Director of Prosecution, the officer in-charge of Prosecution and the Director General of Police or the Commissioner of Police in-charge of the concerned State or Union Territory shall review by the end of every quarter the position of all investigations done by the investigating officer.]

(1) The State Government shall set up a Scheduled Castes and Scheduled Tribes' Protection Cell at the State headquarters under the charge of Director of Police/Inspector General of Police. This Cell shall be responsible for:

(i) conducting survey of the identified area;

(ii) maintaining public order and tranquillity in the identified area;

(iii) recommending to the State Government for deployment of special police force or establishment of special police post in the identified area;

(iv) making investigations about the probable causes leading to an offence under the Act;

(v) restoring the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes;

(vi) informing the Nodal Officer and Special Officer about the law and order situation in the identified area;

12[(vi-a) informing the nodal officer and the concerned District Magistrates about implementation of the rights of victims and witnesses specified under the provisions of Chapter IV-A of the Act;]

(vii) making enquiries about the investigation and spot inspections conducted by various officers;

(viii) making enquiries about the action taken by the Superintendent of Police in the cases where an officer in charge of the Police Station has refused to enter an information in a book to be maintained by that Police Station under sub-rule (3) of Rule 5;

(ix) making enquiries about the wilful negligence by a public servant;

(x) reviewing the portion of cases registered under the Act; and

(xi) submitting a monthly report on or before 20th day of each subsequent month to the State Government/Nodal Officer about the action taken/proposed to be taken in respect of the above.

The State Government shall nominate a Nodal Officer of the level of a Secretary to the State Government preferably belonging to the Scheduled Castes or the Scheduled Tribes, for co-ordinating the functioning of the 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 every quarter, the Nodal Officer shall review:

(i) the reports received by the State Government under sub-rules (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 dependant;

(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 dependant;

(vi) performance of non-government organisations, the Scheduled Castes and the Scheduled Tribes' Protection Cell, various committees and the public servants responsible for implementing the provisions of the Act.

13[(vii) implementation of the rights of victims and witnesses specified under the provisions of Chapter IV-A the Act.]

In the identified area a Special Officer not below the rank of an Additional District Magistrate shall be appointed to co-ordinate with the District Magistrate, Superintendent of Police or other officers responsible for implementing the provisions of the Act, various Committees and the Scheduled Castes and the Scheduled Tribes' Protection Cell.

The Special Officer shall be responsible for:

(i) providing immediate relief and other facilities to the victims of atrocity and initiate necessary measures to prevent or avoid reoccurrence of atrocity;

(ii) setting up an awareness centre and organising workshop in the identified area or at the district headquarters to educate the persons belonging to the Scheduled Castes and the Scheduled Tribes about their rights and the protection available to them under the provision of various Central and State enactments or rules and schemes, etc., framed therein;

(iii) co-ordinating with the Non-Governmental organisations and providing necessary facilities and financial and other type of assistance to Non-Governmental Organisation for maintaining centres or organising workshops.

14[(iv) implementation of the rights of victims and witnesses specified under the provisions of Chapter IV-A of the Act, in the identified areas.]

(1) Every victim of atrocity or his/her dependant and witnesses shall be paid to and fro rail fare by second class in express/mail/passenger train or actual bus or taxi fare from his/her place of residence or place of stay to the place of investigation or hearing of trial of an offence under the Act.

(2) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make necessary arrangements for providing transport facilities or reimbursement of full payment thereof to the victims of atrocity and witnesses for visting the Investigating Officer, Superintendent of Police/Deputy Superintendent of Police, District Magistrate or any other Executive Magistrate.

(3) Every woman witness, the victim of atrocity or her dependant being a woman or a minor, a person more than sixty years of age and a person having 40 per cent or more disability shall be entitled to be accompanied by an attendant of her/his choice. The attendant shall also be paid travelling and maintenance expenses as applicable to the witness or the victim of atrocity when called upon during hearing, investigation and trial of an offence under the Act.

(4) The witness, the victims of atrocity or his/her dependant and the attendant shall be paid daily maintenance expenses, for the days he/she is away from the place of his/her residence or stay during investigation, hearing and trial of an offence, at such rates but not less than the minimum wages, as may be fixed by the State Government for the agricultural labourers.

(5) In addition to daily maintenance expenses the witness, the victim of atrocity (for his/her dependant) and the attendant shall also be paid diet expenses at such rates as may be fixed by the State Government from time to time.

(6) The payment of travelling allowance, daily allowance, maintenance expenses and reimbursement of 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 dependants/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 offence concerned or the Special Court.

(7) When an offence has been committed under Section 3 of the Act, the District Magistrate or the Sub-Divisional 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.

(1) The District Magistrate and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life and damage to the property and draw a list of victims, their family members and dependants entitled for relief.

(2) Superintendent of Police shall ensure that the First Information Report is registered in the book of the concerned Police Station and effective measures for apprehending the accused are taken.

(3) The Superintendent of Police, after spot inspection, shall immediately appoint an Investigation Officer and deploy such police force in the area and take such other preventive measures as he may deem proper and necessary.

15[(4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make necessary administrative and other arrangements and provide relief in cash or in kind or both within seven days to the victims of atrocity, their family members and dependents according to the scale as provided in Annexure-I read with Annexure-II of the Schedule annexed to these rules and such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items.

(4-A) For immediate withdrawal of money from the treasury so as to timely provide the relief amount as specified in sub-rule (4), the concerned State Government or Union Territory Administration may provide necessary authorisation and powers to the District Magistrate.

(4-B) The Special Court or the Exclusive Special Court may also order socio-economic rehabilitation during investigation, inquiry and trial, as provided in clause (c) of sub-section (6) of Section 15-A of the Act.]

16[(5) The relief provided to the victim of the atrocity or his/her dependent under sub-rule (4) in respect of death, or injury or rape, or gang rape, or unnatural offences, or voluntarily causing grievous hurt by use of acid, or voluntarily throwing or attempting to throw acid etc. or damage to property shall be in addition to any other right to claim compensation respect thereof under any other law for the time being in force.]

(6) The relief and rehabilitation facilities mentioned in sub-rule (4) above shall be provided by the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate in accordance with the scales provided in the Schedule annexed to these rules.

(7) A report of the relief and rehabilitation facilities provided to the victims shall also be forwarded to the 17[Special Court or Exclusive Special Court] by the District Magistrate or the Sub-Divisional Magistrate or the Executive Magistrate or Superintendent of Police. In case the 18[Special Court or Exclusive Special Court] is satisfied that the payment of relief was not made to the victim or his/her dependant in time or the amount of relief or compensation was not sufficient or only a part of payment of relief or compensation was made, it may order for making in full or part the payment of relief or any other kind of assistance.

(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 Castes and the Scheduled Tribes, posts and Police Station.

(2) It shall also be ensured by the State Government that persons from the Scheduled Castes 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.

19[(1) The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity, as well as for implementing an appropriate scheme for the rights and entitlements of victims and witnesses in accessing justice as specified in sub-section (11) of Section 15-A of Chapter IV-A of the Act.

(2) The State Government shall review at least twice in a calendar year, in the month of January and July the performance of the Special Public Prosecutor and Exclusive Special Public Prosecutor specified or appointed under Section 15 of the Act, various reports received, investigation made and preventive steps taken by the District Magistrate, Sub-Divisional Magistrate and Superintendent of Police, relief and rehabilitation facilities provided to the victims and the reports in respect of lapses on behalf of the concerned officers.]

(1) The State Government 20[shall frame and implement a plan to effectively implement] 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) scheme to provide immediate relief in cash or in kind or both;

21[(aa) an appropriate scheme for the rights and entitlements of victims and witnesses in accessing justice, as specified in sub-section (11) of Section 15-A of Chapter IV-A of the Act;]

(b) allotment of agricultural land and house sites;

(c) the rehabilitation packages;

(d) scheme for employment in Government or Government undertaking to the dependant or one of the family members of the victim;

(e) pension scheme for widows, dependant children of the deceased, handicapped or old-age victims of atrocity;

(f) mandatory compensation for the victims;

(g) scheme for strengthening the socio-economic condition of the victim;

(h) provisions for providing brick/stone masonary house to the victims;

(i) such other elements as health care, supply of essential commodities, electrification, adequate drinking-water facility, rural cremation ground and link roads to the Scheduled Castes and the Scheduled Tribes habitats.

(2) The State Government shall forward a copy of the contingency plan or a summary thereof and a copy of the scheme, as soon as may be, 22[to the Central Government in the Department of Social Justice and Empowerment, Ministry of Social Justice and Empowerment] and to all the District Magistrates, Sub-Divisional Magistrates, Inspectors-General of Police and Superintendents of Police.

23[(1) The State Government shall constitute high power vigilance and monitoring committee 24[* * *] consisting of the following, namely

(i) Chief Minister or Administrator Chairman (in case of a State under President's Rule, the Governor shall be the Chairman);

(ii) Home Minister, Finance Minister and Minister(s) in-charge of welfare and development of the Scheduled Castes and the Scheduled Tribes Members (in case of a State under the President's Rule, the Advisors shall be Members);

(iii) all elected Members of Parliament and State Legislative Assembly and Legislative Council from the State belonging to the Scheduled Castes and the Scheduled Tribes shall be Members;

(iv) Chief Secretary, the Home Secretary, the Director General of Police, Director/Deputy Director, the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes shall be Members;

(v) the Secretary in-charge to the welfare and development of the Scheduled Castes and the Scheduled Tribes shall be Convener.

(2) The high power vigilance and monitoring committee shall meet at least twice in a calendar year, in the month of January and July to review the implementation of the provisions of the Act, scheme for the rights and entitlements of victims and witnesses in accessing justice, as specified in sub-section (11) of Section 15-A of Chapter IV-A of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers or agencies responsible for implementing the provisions of the Act and review of various reports received by the State Government including that of the nodal officer and special officer.]

(1) In each district within the State, the District Magistrate shall set up a vigilance and monitoring committee in his district to review the implementation of the provisions of the Act, 25[scheme for the rights and entitlements of victims and witnesses in accessing justice, as specified in sub-section (11) of Section 15-A of Chapter IV-A of the Act,] relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases, under the Act, role of different officers/agencies responsible for implementing the provisions of the Act and various reports received by the District Administration.

(2) The district-level vigilance and monitoring committee shall consist of the elected Members of the Parliament and State Legislative Assembly and Legislative Council, Superintendent of Police, three Group A officers/Gazetted Officers of the State Government belonging to the Scheduled Castes and the Scheduled Tribes, not more than 5 non-official members belonging to the Scheduled Castes and the Scheduled Tribes and not more than 3 members from the categories other than the Scheduled Castes and the Scheduled Tribes having association with Non-Government Organisations. The District Magistrate and District Social Welfare Officer shall be Chairman and Member-Secretary respectively.

(2-A) 26[* * *]

(3) The district-level committee shall meet at least once in three months.

27[17-A. Constitution of Sub-Division Level Vigilance and Monitoring Committee. (1) In each Sub-Division within the State, the Sub-Divisional Magistrate shall set up a vigilance and monitoring committee in his sub-division to review the implementation of the provisions of the Act 28[scheme for the rights and entitlements of victims and witnesses in accessing justice, as specified in sub-section (11) of Section 15-A of Chapter IV-A of the Act,] relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act and various reports received by the Sub-Division Administration.

29[(2) The sub-division level vigilance and monitoring committee shall consist of members of State Legislative Assembly and State Legislative Council from the sub-division, elected members of Panchayati Raj Institutions belonging to the Scheduled Castes and the Scheduled Tribes, Deputy Superintendent of Police, Tehsildar, Block Development Officer, not more than two non-official members belonging to the Scheduled Castes and the Scheduled Tribes, and not more than two members from the categories other than the Scheduled Castes and the Scheduled Tribes having association with non-Government organisations.]

30[(3) The Sub-Divisional Magistrate shall be the Chairperson and the Block Development Officer, the Member Secretary, respectively of the sub-division level vigilance and monitoring committee.]]

31[(4) The sub-division level vigilance and monitoring committee shall meet at least once in three months.]

The State Government shall every year before the 31st March, forward the report to the Central Government about the measures taken for implementing provisions of the Act and various schemes/plans framed by it during the previous calendar year.

33[ANNEXURE I

[See Rule 12(4)]

NORMS FOR RELIEF AMOUNT

No. 4-2/83-HW. III

Government of India

Ministry of Welfare

Dated : 6th August, 1986

At present, different definitions for various categories of handicapped are adopted in various schemes/programmes of the Central and State Governments. In order to have a standard set of definitions, authorised certification authorities and standard tests for purpose of objective certification, Government of India in Ministry of Welfare set up three committees under the Chairmanship of Director-General of Health Service one each in the area of visual handicaps, speech and hearing disorders and locomotor disabilities and a separate Committee 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. Visually handicaps.

2. Locomotor handicaps.

3. Speech & hearing handicaps.

4. Mental handicaps.

Report of the Committee as indicated in Annexure-I.

3. Each category of handicapped persons has been divided into four groups, viz., mild, moderate, severe and profound/total. It has been decided that various concessions/benefits would in future be available only to the moderate, severe and profound/total groups; and not to the mild groups. The minimum degree of disability should be 40% in order to be eligible for any concession/benefits.

4. It has been decided that the authorised certifying authority will be a Medical Board at the district level. The Board will consist of the Chief Medical Officer/Sub-Divisional Medical Officer in the District and another expert in the specified field, viz., opthalmic surgeon in case of visual handicaps, either an E.N.T. Surgeon or an audiologist in case of speech and hearing handicaps an orthopaedic surgeon or a specialist in physical medicine & rehabilitation in case of locomotor handicaps, a psychiatrist or a clinical psychologist or a teacher in special education in case of mental handicaps.

5. Specified tests as indicated in Annexure should be conducted by the Medical Board and recorded before a certificate is given.

6. The certificate would be valid for a period of three years.

7. The State Governments/UT Administration may constitute the Medical Boards indicated in Para 4 above immediately.

M.C. Narsimhan,

Joint Secretary to the Government of India

List of the Members of the Committees at Annexure-I.

India is a vast country with variable social, cultural, geographical and economic background. 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 infections, 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 a standard definition of these disabilities is decided upon. Consequent to recommendation of the National Council for Handicapped Welfare the Committees under the chairmanship of Director-General of Health Service met for the adoption of standard set of definitions which should be uniformly applicable throughout the country.

The exercise of evolving a uniform set of definitions should not be however 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.

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 Committee 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 of effective part, tissue organ or Mechanism of the body such as an amputated limb, paralysis after polio, myocardial infarction, cerebrovascular thrombosis, restricted pulmonary capacity, diabetes, myopia, disfigurement, mental retardation, hypertension, perceptual disturbance.

(ii) Functional limitations. 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 quantiable 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 to 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 classification and various concessions being recommended are for the permanent disability only.

The group recommended the classification of visual impairment/disability may be categorised in four groups for considering various concessions to visually handicapped.

The question regarding one-eyed person was considered at length. The Committee is of the view that the guidelines recommended for evaluation of visual loss of persons who have lost one eye but have the other eye normal should be totally unambiguous. The Committee feels that such persons may not be clubbed with other visually handicapped so that facilities/concessions available to severely/profoundly visually handicapped and totally blind are not eroded.

If one-eyed persons are clubbed with severely/profoundly visually handicapped and totally blind persons, the Committee feels that most of the concessions especially jobs reserved for the blind persons shall go to one-eyed persons as their visual loss is minimal compared to other 2 categories and in this manner most of the government offices/public sector undertakings will be fulfilling the quota but in actual practice will not be giving jobs to totally blind and persons with severe visual loss. The Committee, 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 Committee 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 and categorisation of visual disabilities are given in Appendix III.

The Committee 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 and speech loss.

The recommended classification and guidelines for evaluation of hearing loss are given in Appendix II. The Committee 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.

The Committee 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 Committee 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.

A permanent disability certificate will be issued by a board duly constituted by the Central and the State Governments. It is recommended that Medical Board for evaluation of disability should be available minimum at the district level. It is also recommended to have at least 3 members in the board, out of which at least one should be a specialist in the particular field for assessing locomotor/visual/hearing and speech disability, as the case may be.

It is also recommended that the competent authority may also appoint an appellate Medical Board to resolve any dispute.

Keeping in view the set of definitions and the categorisation being recommended, various Ministries/Departments and the State Governments shall have to also specify the facilities and concessions which would be available to different categories of the handicapped. The Committee recommends that if a person has the degree of disability below 40% in a particular category, no such benefits/concessions may be given to such a person. All other categories may be extended concessions/facilities like scholarships, job reservation, aids and appliances either free of cost or at concessional rates, conveyance allowance, etc. For hearing handicapped, the Committee recommends that 3-language formula may be revised so that the hearing handicapped have to study one language only.

Ministry of Social and Women's Welfare may make out proposals based on these recommendations with the appropriate Ministry for necessary modifications in the policy of 3-language formula.

The Committee also recommended that Ministry of Health and Family Welfare may also take up amending medical standards for necessary relaxations in respect of mild handicapped in all the categories so that on account of their mild disability, they are not put in a position that neither they are able to get the facility of job reservation nor are eligible otherwise for entering into services in the general category. The medical rules may also indicate in clear terms that loss of one-eye will not be considered a disqualification unless the particular post is of such a technical nature that it requires of a person the use of both the eyes or three-dimensional vision. The same Medical Board at the district level may examine suitability or otherwise of a one-eyed person for a particular post.

The degree and extent of disability of the 3 types, namely, visual, hearing and orthopaedic will be indicated as follows:

For persons suffering from cardio-pulmonary diseases, there may be no reservation 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.

Composition of Committees to recommend standard definitions of disabilities

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 lenses;

(c) Limitation of the field of vision substanding and angle of degree or worse.

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 decibels in the better ear (profound impairment or total loss of hearing in both ears).

Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances

The partially hearing are those falling under any one of the categories indicated below:

The deaf are those in whom the sense of hearing is non-functional for ordinary purposes of life. They do not hear/understand sounds at all events with amplified speech. The cases included in this category will be whose having loss more than 90 decibels in the better ear (profound impairment) or total loss of hearing in both ears.

Similarly the definition adopted for Orthopaedically handicapped is not uniform as all orthopaedically handicapped are eligible for getting a scholarship but only those orthopaedically handicapped persons can get the facility of reservations in jobs as have a minimum of 40% disability.

Various State Governments have also adopted different sets of definitions. For example, Government of Tamil Nadu declared one-eyed persons in the same category as blind persons and have extended various concessions including the reservation in jobs under the State Government to one-eyed person also. The Central Government on the other hand has declared that a one-eyed person with one-eye good vision is not medically unfit and can be considered on jobs which do not require a three-dimensional vision to the specific requirement of the jobs.

The method of evaluation shall be the same as recommended in handbook of Medical Examination.

Impairment of 20%-40% or less may only be entitled to aids and appliances.

I. Recommended Classification

(Pure tone average of hearing in 500, 1000 and 2000 Hz by air conduction should be taken as basis for consideration as per the test recommendations.)

Further it should be noted that

(a) When there is only an Island of hearing present in one or two frequencies in better ear, it should be considered as total loss of hearing.

(b) Wherever there is no response (NR) at any of the 3 frequencies (500, 1000, 2000 Hz), it should be considered as equivalent to 130 dB loss for the purposes of classification of disability and in arriving at the average. This is based on the fact that maximum intensity limits in most of the Audiometers is 110 dB's and some audiometers have additional facilities for +20 dB for testing.

II. Recommendations about the categories of disability (Hearing impairment Physical aspect only Test recommended).

(a) Pure tone audiometry (ISO R 382-1970 at present is being used as Audiometric Standard in most of the audiometers. Hence the audiometers used in testing should be accordingly caliberated). Three frequency average at 500, 1000 and 2000 Hz by Air Conditions (AC) will be used for categorization.

(b) Wherever possible the pure tone audiometer results should be supplemented by the Speech discrimination score tested at Sensation level (SL), i.e., the speech discriminations test is conducted at dB above the patient's hearing threshold. The stimuli used be either phonetically balance words (Pb) of the particular language or its equivalent material. At present only a few Indian languages have standard speech material for testing. Hence whenever the standardised test material is not available, either standardised Indian English Test could be made use of, with English knowing population or equivalent material to Pb, be used.

(c) Wherever children are tested and pure tone audiometry becomes not possible free field testing should be employed.

B. Suggestions for the Facilities to be offered to the Disabled for Rehabilitation

It is felt that for consideration of admission under special category for courses conducted by institutions like Indian Institute of Technology (IIT), Industrial Training Institute (ITI) and others, categories 1 and 2 only should be considered for reservation of seats, provided they fulfil the other educational stipulations for the course.

We have considered the different type of hearing affection, i.e., conductive V.S. Sensory neural, and agree that the disability will be judged by the conditions prevalent in the patient at the time of referral and examination. In case of failure of surgery or other therapeutic interventions, the patient will be considered and categorised on the basis of the recommended tests.

1. Guidelines for Evaluation of Various Disabilities

(1) Locomotor Disability

1.1 UPPER LIMB

1. The estimation of permanent impairment depends upon the measurement of functional impairment, and is not expression of a personal opinion.

2. The estimation and measurement must be made when the clinical condition is fixed and unchangeable.

3. The upper extremity is divided into two component parts, the arm component and the hand component.

4. Measurement of the loss of function of arm component consists in measuring the loss of motion, muscle strength and co-ordinated activities.

5. Measurement of the loss of function of hand component consists in determining the Prehension, Sensation and Strength. For estimation of Prehension Opposition, lateral pinch, cylindrical grasp, spherical grasp and hook grasp have to be assessed as shown in the column of prehension component in the pro forma.

6. The impairment of the entire extremity depends on the combination of the functional impairment of both components.

ARM COMPONENT

Total value of arm component is 90%

Principles of Evaluation of range of motion of joints

1. The value of maximum R.O.M. in the arm components is 90%.

2. Each of the three joints of the arm is weighted equally (30%).

Example

A fracture of the right shoulder joint may affect range of motion so that active abduction is 90%. The left shoulder exhibits a range of active abduction of 180%. Hence there is loss of 50% of abduction movement of the right shoulder. The percentage loss of arm component in the shoulder is 50 0.30 or 15% loss of motion for the arm component.

If more than one joint is involved, same method is applied, and the losses in each of the affected joints are added, say,

1. Strength of muscles can be tested by manual testing like 0-5 grading

2. Manual muscle gradings can be given percentages like

3. The mean percentage of muscle strength loss is multiplied by 0.30.

4. If there has been a loss of muscle strength of more than one joint, the values are added as has been described for loss of range of motion.

1. The total value for co-ordinated activities is 90%.

2. Ten different co-ordinated activities are to be tested as given in the Pro forma.

3. Each activity has a value of 9%.

1. The value of loss of function of arm component is obtained by combining the value of range of movement, muscle strength and co-ordinated activities, taking the combining formula

where a = higher value, and b = lower value

Example

Let us assume that an individual with a fracture of the right shoulder joint has in addition to 16.5% of motion his arm, 8.3% loss of strength of muslces, and 5% loss of co-ordination. We combine these values as:

So total value of arm component = 27.0%

Total value of hand component is 90%.

The functional impairment of hand is expressed as loss of prehension, loss of sensation, loss of strength.

Principles of Evaluation of Prehension.

Total value of Prehension is 30%. It includes:

(A) Opposition (8%). Tested against

Index finger (2%), middle finger (2%),

Ring finger (2%) and Little finger (2%).

(B) Lateral Pinch (5%) Tested by asking the patient to hold a key.

(C) Cylindrical Grasp (6%). Tested for

(a) Large object of 4 inch size (3%),

(b) Small object of 1 inch size (3%).

(D) Spherical Grasp (6%). Tested for

(a) Large object 4 inch size (3%),

(b) Small object 1 inch size (3%).

(E) Hook Grasp (5%). Tested by asking the patient to lift a bag.

Principles of Evaluation of sensations

Total value of sensation is 30%. It includes:

1. Radial side of thumb (4.8%),

2. Ulnar side of thumb (1.2%),

3. Radial side of each finger (4.8%),

4. Ulnar side of each finger (1.2%).

Principles of evaluation of Strength

Total value of strength is 30%. It includes:

1. Grip Strength (20%),

2. Pinch Strength (10%).

Strength will be tested with hand dynamo-meter or by clinical method (Grip Method).

10% additional weightage to be given to the following factors;

1. Infection

2. Deformity

3. Malalignment

4. Contractures

5. Abnormal Mobility

6. Dominant Extremity (4%)

Combining values of the hand component.

The final value of loss of function of hand component is obtained by summing up values of loss of prehension, sensation and strength.

Combining Values for the Extremity.

Values of impairment of arm component and impairment of hand component are combined by using the combining formula

Example

The lower extremity is divided into two components and Stability component.

Total value of mobility component is 90%. It includes range of movement and muscle strength.

1. The value of maximum range of movement in the mobility component is 90%.

2. Each of the three joints, i.e., hip, knee, foot-ankle component. It weighted equally 0.30.

Example

A fracture of the right hip joint may affect range of motion so that active abduction is 27 . The left hip exhibits a range of active abduction of 54 . Hence, there is loss of 50% of abduction movement of the right hip. The percentage loss of mobility component in the hip is 50 0.30 or 15% loss of motion for the mobility component.

If more than one joint is involved, same method is applied and the losses in each of the affected joints are added.

For example:

1. The value for maximum muscle strength in the leg is 90%.

2. Strength of muscles can be tested by manual testing like 0 5 grading.

3. Manual muscle gradings can be given percentages like

4. Mean percentage of muscle strength loss is multiplied by 0.30.

5. If there has been a loss of muscle strength of more than one joint, the values are added as has been described for loss of range of motion.

Let us assume that the individual with a fracture of the right hip joint has in addition to 16% loss of motion, 8% loss of strength of muscles.

Combining values

Motion 16%

Where a = higher value, b = lower value

1. Total value of stability component is 90%.

2. It is tested by 2 methods

(i) Based on scale method.

(ii) Based on clinical method.

Three different readings (in kilograms) are taken measuring the total body weight (W). Scale A reading and Scale B reading.

The local effects of lesions of spine can be divided into traumatic and non-traumatic lesions.

The whole spine has been given rating of 100% and regionwise the following percentage are given:

Kobb's method for measurement of angle of curve in standing position is to be used. The curves have been divided into three sub-groups.

In the curves ranging above 60 , cardiopulmonary complications are to be graded separately. The junctional curves are to be given that rating depending upon level of apex of curve. For example, if apex of dorso-lumbar curve falls in the dorsal spine the curve can be taken as a dorsal curve. When the scoliosis is adequately compensated, 5% reduction is to be given from final rating (for all assessment primary curves are considered for rating).

The same total rating (100%) as that suggested for scoliosis is to be given for kyphosis. Regionwise percentages of physical impairment are:

For kyphosis of lumbar and cervical spine 5% and 7% respectively have been allocated. Paralysis of Flexors and Extensors of Dorsal and Lumbar Spine.

The motor power of these muscles to be grouped as follows:

Paralysis of Muscles of Cervical Spine

For cervical spine the rating of motor power is as follows:

Those conditions of the spine which cause stiffness and pain, etc., are rated as follows:

In kypho-scoliosis, both curves to be assessed separately and then percentage of disability to be summed.

1. In case of multiple amputees, if the total sum of percentage permanent physical impairment is above 100%, it should be taken as 100%.

2. Amputation at any level with uncorrectable inability to wear and use prosthesis, should be given 100% permanent physical impairment.

3. In case of amputation in more than one limb percentage of each limb is counted and another 10% will be added, but when only toes or fingers are involved only another 5% will be added.

4. Any complication in form of stiffness, neuroma, infection, etc., has to be given a total of 10% additional weightage.

5. Dominant upper limb has been given 4% extra percentage.

1. Assessment in neurological conditions is not the assessment of disease but it is the assessment of the effects, i.e., clinical manifestations.

2. Any neurological assessment has to be done after six months of onset.

3. These guidelines will only be used for Central and proper motor neuron lesions.

4. Pro forma A and B will be utilized for assessment of lower motor neuron lesions, muscular disorders and other locomotor conditions.

5. Total percentage of physical impairment in neurological conditions will not exceed 100%.

6. In the mixed cases the highest score will be taken into consideration. The lower score will be added to it and calculations will be done by the formula:

7. Additional rating of 4% will be given for dominant upper extremity.

8. Additional 10% has been given for sensation in each extremity, but the maximum total physical impairment will not exceed 100%.

Guidelines for Assessment of Physical Impairment in Neurological Conditions

1. Assessment in neurological conditions is not the assessment of disease but it is the assessment of the effects, i.e., clinical manifestation.

2. Any neurological assessment has to be done after six months of onset.

3. These guidelines will only be used for Central and upper motor neuron lesions.

4. Pro forma A & B will be utilized for assessment of lower motor neuron lesions, muscular disorders and other locomotor conditions.

5. Total percentage of physical impairment in neurological conditions will not exceed 100 per cent.

6. In the mixed cases the highest score will be taken into consideration. The lower score will be added to it and calculations will be done by the formula:

7. Additional rating of 4 per cent will be given for dominant upper extremity.

8. Additional 10 per cent has been given for sensation in each extremity, but the maximum total physical impairment will not exceed 100 per cent.

Tested by a 100-word text. Ability to read (in educated), comprehend when read out, answer question on text clearly and ability to write a synopsis (in educated).

1. Assessment in neurological conditions is not the assessment of disease but it is the assessment of the effects, i.e., clinical manifestations.

2. Any neurological assessment has to be done after six months of onset.

3. These guidelines will only be used for Central and upper motor neuron lesions.

4. Pro forma A and B will be utilized for assessment of lower motor neuron lesions, muscular disorders and other locomotor conditions.

5. Total percentage of physical impairment in neurological conditions will not exceed 100%.

6. In the mixed cases the highest score will be taken into consideration. The lower score will be added to it and calculations will be done by the formula:

7. Additional rating of 4% will be given for dominant upper extremity.

8. Additional 10% has been given for sensation in each extremity, but the maximum total physical impairment will not exceed 100%.

FOR INVOLVEMENT

1. Modified New York Heart Association subjective classification should be utilised to assess the functional disability.

2. The physician should be alert to the fact that patients who come for disability claims are likely to exaggerate their symptoms. In case of any doubt patients should be referred for detailed physiological evaluation.

3. Disability evaluation of cardiopulmonary patients should be done after full medical, surgical and rehabilitative treatment available, because most of these diseases are potentially treatable.

4. Assessment of a cardiopulmonary impairment should also be done in diseases which might have associated cardiopulmonary problems, e.g., amputees, myopachies, etc.

The proposed modified classification is as follows:

Source: Glossary and guide to their classification. A publication by W.H.O.

MENTAL RETARDATION : A condition of arrested or incomplete development of mind which is especially characterized by subnormality of intelligence. The coding should be made on the individual's current level of functioning without regard to its nature of causation such as psychosis, cultural deprivation, Down's Syndrome, etc., where there is a specific cognitive handicap such as in speech the four-digit coding should be based on assessments of cognition outside the area of specific handicap. The assessment of intellectual level should be based on whatever information is available, including clinical evidence, adaptive behaviour and psychometric findings. The IQ levels given are based on a test with a mean of 100 and a standard deviation of 15 such as the Wechsle scales. They are provided only as a guide and should not be applied rigidly. Mental retardation often involves psychiatric disturbances and may often develop as a result of some physical disease or injury. In these cases, an additional code or codes should be used to identify associated condition, psychiatric or physical. The impairment and handicap codes should also be consulted.

Mental deficiency NOS Mental subnormality NOS.

1. Ministry of Welfare, G.S.R. 316(E), dated March 31, 1995, published in the Gazette of India, Extra., Pt. II, S. 3(i), dt. 31st March, 1995, No. 145.

2. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (b) dependant , with its grammatical variations and cognate expressions, includes wife, children, whether married or unmarried, dependant parents, widowed sister, widow and children of predeceased son for a victim of atrocity; .

3. Ins. by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018).

4. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (1) The State Government on the recommendation of the District Magistrate shall prepare for each District panel of such number of eminent Senior Advocates who have been in practice for not less than seven years, as it may deem necessary for conducting cases in the Special Courts. Similarly, in consultation with the Director Prosecution/In-charge of the prosecution, a panel of such number of Public Prosecutors as it may deem necessary for conducting cases in the Special Courts, 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.

5. Subs. for Special Public Prosecutors by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

6. Subs. for a Special Public Prosecutor by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

7. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (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. .

8. Subs. for conducting cases in the Special Courts by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

9. Subs. for Special Public Prosecutor by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

10. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (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. .

11. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (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. .

12. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

13. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

14. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

15. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: (4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependants according to the scale as in the Schedule annexed to these rules (Annexure-I read with Annexure II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings. .

16. Subs. by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018). Prior to substitution it read as: (5) The relief provided to the victim of the atrocity or his/her dependant under sub-rule (4) in respect of death, or injury to, or damage to property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force.

17. Subs. for Special Court by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

18. Subs. for Special Court by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

19. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: 14. Specific Responsibility of the State Government. The State Government shall make necessary provision in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity. It shall review at least twice in a calendar year, in the month of January and July the performance of the Special Public Prosecutor specified or appointed under Section 15 of the Act, various reports received, investigation made and preventive steps taken by the District Magistrate, Sub-Divisional Magistrate and Superintendent of Police, relief and rehabilitation facilities provided to the victims and the reports in respect of lapses on behalf of the concerned officers. .

20. Subs. for shall prepare a model contingency plan for implementing by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

21. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

22. Subs. for to the Central Government in the Ministry of Welfare by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

23. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016). Prior to substitution it read as: 16. Constitution of State-Level Vigilance and Monitoring Committee. (1) The State Government shall constitute a high-power vigilance and monitoring committee of not more than 25 members consisting of the following: (i) Chief Minister/Administrator-Chairman (in case of a State under President's Rule Governor-Chairman); (ii) Home Minister, Finance Minister and Welfare Minister-Members (in case of a State under the President's Rule Advisors Members); (iii) all elected Members of Parliament and State Legislative Assembly and Legislative Council from the State belonging to the Scheduled Castes and the Scheduled Tribes Members; (iv) Chief Secretary, the Home Secretary, the Director-General of Police, Director/Deputy Director, National Commission for the Scheduled Castes and the Scheduled Tribes not more than three social workers nominated by the Central Government Members; (v) the Secretary-in-charge of the welfare and development of the Scheduled Castes and the Scheduled Tribes Convenor. (2) The high-power vigilance and monitoring committee shall meet at least twice in a calendar year, in the month of January and July to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act and various reports received by the State Government. .

24. The words of not more than twenty-five members omitted by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018).

25. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

26. Ins. by G.S.R. 725(E), dated 8-11-2013 (w.e.f. 8-11-2013) and omitted by G.S.R. 774(E), dated 5-11-2014 (w.e.f. 5-11-2014). Prior to omission it read as: (2-A) Not more than three social workers nominated by the Central Government Members.

27. Ins. by G.S.R. 725(E), dated 8-11-2013 (w.e.f. 8-11-2013).

28. Ins. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

29. Subs. by G.S.R. 774(E), dated 5-11-2014 (w.e.f. 5-11-2014). Prior to substitution it read as: (2) The Sub-Division level vigilance and monitoring committee shall consist of the elected members of Panchayati Raj Institutions belonging to Scheduled Castes and Scheduled Tribes, Deputy Superintendent of Police, Tehsildar, Block Development Officer, not more than two non-official members belonging to the Scheduled Castes and the Scheduled Tribes and not more than two members from the categories other than the Scheduled Castes and the Scheduled Tribes, having association with Non-Government Organisations. The Sub-Divisional Magistrate shall be the Chairperson and the Block Development Officer, the Member Secretary respectively.

30. Subs. by G.S.R. 774(E), dated 5-11-2014 (w.e.f. 5-11-2014). Prior to substitution it read as: (3) Not more than three social workers nominated by the Central Government members.

31. Ins. by G.S.R. 774(E), dated 5-11-2014 (w.e.f. 5-11-2014).

32. Subs. by G.S.R. 416(E), dt. 23-6-2014 (w.e.f. 23-6-2014).

33. Subs. by G.S.R. 424(E), dt. 14-4-2016 (w.e.f. 14-4-2016).

34. Subs. by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018). Prior to substitution it read as: Section 326-B of the Indian Penal Code (45 of 1860) Voluntarily throwing or attempting to throw acid. [Section 3(2)(va) read with Schedule to the Act]

35. Subs. for Section 32(va) by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018).

36. Subs. for Rape or Gang rape by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018).

37. Subs. by G.S.R. 588(E), dt. 27-6-2018 (w.e.f. 27-6-2018). Prior to substitution it read as: (i) Rape [Section 375 of the Indian Penal Code (45 of 1860)]