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GOVERNMENT OF TAMIL NADU Abstract
LAW AND ORDER - Communal/ Caste clashes - Sanction of financial assistance to the victims - Scale of ex-gratia amount - Pattern of relief - Enhanced - Revised Orders - Issued. PUBLIC
(LAW AND ORDER.B) DEPARTMENT G.O.Ms.No.833
Dated : 22.05.1998
1.
G.O.Ms.No. 629, Public (L&O.B) Department, dated 3.5.1991. ********* ORDER : In the G.O. first cited above, orders were issued for the payment of compensation of Rs.10,000/- each to the families of those who were killed in communal / caste clashes. This compensation was enhanced to Rs.50,000/- in the G.O. second read above, which was further enhanced to Rs.1 lakh in the G.O. 4th read above. The Delhi High Court, while disposing of a Writ Petition for the grant of enhanced compensation to the victims of riots in 1984 that followed the assassination of former Prime Minister of India, Tmt. Indira Gandhi, ordered a compensation of Rs.2 lakhs with accumulated interest be given. The National Commission for Minorities, in its letter third read above, has recommended that the judgement of the Delhi High Court should be followed uniformly in all cases of victims of communal riots whenever in point of time and wherever in the country they may have occurred for payment of compensation. 2. The Government, after careful consideration of the above recommendations of the National Commission for Minorities, have decided to enhance the compensation norms prescribed in the G.O. fourth read above to Rs.2 lakhs in cases of deaths in communal and caste clashes with retrospective effect from 1.1.1997. The Collectors of the Districts are accordingly requested to arrange to provide additional amounts of compensation as per the above decision of the Government to the families of the victims of communal and caste clashes who were already paid compensation as prescribed in the Government Orders second and fourth read above. 3. This enhancement of compensation to Rs.2 lakhs will equally apply to the families of the victims of communal clashes and SC/ST victims of atrocities who are paid compensation as per the SC/ST (PA) Rules, 1995 which is as follows :- (i) Minimum Rs.1.5 lakhs after post-mortem and balance Rs.50,000/- on conviction by the lower Court in case of death of an earning member. (ii) Minimum Rs.75,000/- after post-mortem and balance Rs.25,000/- on conviction by the lower Court, in case of death of a non-earning member. The Collectors are requested to immediately disburse the enhanced compensation of Rs.2 lakhs after deducting the compensation already paid as per the above Rules. 4. For immediate payment of the additional amounts as per the decision of the Government mentioned in para 2 above, the Government sanction the payment of an amount of Rs.1,23,25,000/- (Rupees One crore twenty three lakhs and twenty five thousand only) as indicated in the Annexures I and II to this Order to the Collectors mentioned therein. This sanction as indicated in the Annexures to this order has been made based on the particulars available with the Government. In cases where the amount sanctioned is insufficient, the Collectors are requested to send proposals for sanction of additional amount with all the details. As regards the Districts for which amount has not been sanctioned in this Government Order, but where there were deaths in caste/communal clashes, the Collectors are requested to disburse the additional amount in terms of this order making use of the funds already available with them and to send immediate proposals to the Government along with the details of the persons killed, date of occurrence and the amount to be sanctioned to the Government for according necessary sanction. The Collectors are requested to remit the balance amount, if any, after disbursement, back to the CMPRF, under intimation to this Department. 5. In future, the Collectors are requested to pay an amount of Rs.2 lakhs each to the families of all victims of caste/ communal clashes irrespective of the caste/religion of the victim from the Savings Bank Account of the CMPRF maintained by the Collectors. 6. The Deputy Secretary to Government, Finance (CMPRF) Department, and the Treasurer, CMPRF, is requested to send immediately cheques as per the sanction accorded in para 4 above to the Collectors indicated in the Annexures I and II to this Order. The Collectors are requested to make additional payments immediately to the families of those who were killed in the Communal / Caste Clashes from 1.1.1997 following the usual procedures and send a report to the Government in Finance (CMPRF) Department and Public (L&O.B) Department. 7. The colletors are requested to send detailed reports to the Government regarding the payments made as per the orders issued in this G.O. indicating the number fo persons killed, their caste/ community, amount already paid as per the Government Orders second and 4th read above and the additional amount paid as per the orders issued in this G.O. along with the date of payment. 8. This order issues with the concurrence of the Finance Department vide its U.O.No.2180/FS/P/98, dated 22.5.1998. (BY ORDER OF THE GOVERNOR) K.A.
NAMBIAR,
To The Deputy Secretary to Government, Finance (CMPRF) Department & Treasurer, CMPRF, Chennai-9. All District Collectors. The Secretary to GOI, National Commission for Minorities, Lok Nayak Bhavan, 5th Floor, Khan Market, New Delhi-3. All District Superintendents of Police. The Director General of Police, Chennai-2. All Treasury Officers. The Accountant General (CAS), Chennai-9. The Director of Treasuries & Accounts, Chennai-15. The Deputy Inspector General of Police (PCR), Chennai-5. The Director, Backward Classes and Minorities Welfare, Chennai-5. The Director, Most Backward Classes and Denotied Communities, Chennai-5. The P.C. & C.R.A., Chennai-5. The Finance (CMPRF) Department, Chennai-9. All Departments of Secretariat, Chennai-9.
/FORWARDED/BY ORDER/ Sd/- SECTION OFFICER.
DETAILS OF PERSONS KILLED IN CASTE CLASHES AFTER 1.1.1997 AND ADDITIONAL COMPENSATION TO BE PAID
ANNEXURE - II DETAILS OF PERSONS KILLED IN COMMUNAL CLASHES AFTER 1.1.1997 AND ADDITIONAL COMPENSATION TO BE PAID
* Compensation paid @ Rs.50,000/- each ** Compensation paid to 11 persons @ Rs.50,000/- each. No financial assistance could be given to the family of Thiru Palani Baba alias Ahmed Ali, since there was no response from the family. *** Compensation paid @ Rs.1 lakh each.
/True Copy/ Sd/- Section Officer. |
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