G.O No. 629 Dated 3.5.1991

GOVERNMENT OF TAMIL NADU

ABSTRACT

COMMUNAL / CASTE CLASHES - Sanction of Financial Assistance to the victims of all communities - Scale of ex-gratia amount - Pattern of relief - Rationalised - Orders - Issued.

PUBLIC (LAW & ORDER.B) DEPARTMENT

G.O.Ms.No.629 Dated : 03.05.1991.
Read :

1. G.O.Ms.No.940, Social Welfare (MW) Dept. dated 06.04.1988.

2. G.O.Ms.No.1805, Revenue Dept. dated 10.08.1990.

3. G.O.Ms.No.1861, Revenue Dept. dated 22.08.1990.

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ORDER :

Communal / Caste clashes take place due to various factors. As a result, people sometimes incur loss and damage to their property. In some cases, loss of life also takes place. In order to mitigate the suffering of the affected persons and to quickly rehabilitate those who were victimised in communal / caste clashes, financial assistance was generally sanctioned after the incident by the Government whenever such riots took place.

2. To sanction the relief amount to the victims who belong to Scheduled castes, Scheduled tribes and Minorities, the Government, in the Government Order first read above, empowered the Collectors to sanction financial assistance for death, incapacitation, rape, loss of property etc., with the scale and upto the limits specified below :

Sl.No.	Nature of loss	Quantum of Relief
01.	Death per person killed in a family (whether earning or non-earning)	Rs.10,000/- (Rupees ten thousand only)
02.	Permanent incapacitation per each member in a family.	Rs.10,000/- (Rupees ten thousand only)
03.	Temporary incapacitation	Rs.2,000/- (Rupees two thousand only)
04.	Grievous hurt/short of incapacitation	Rs.1,000/- (Rupees one thousand only)
05.	Rape	Rs.5,000/- (Rupees five thousand only)
06.	Loss of House	Rs.2,000/- (Rupees two thousand only
07.	Loss of immovable property	Rs.2,000/- (Rupees two thousand only)
08.	Loss of earning assets like vehicle, a boat or cattle etc.	Rs.2,000/- (Rupees two thousand only) (Pending expeditious payment of the actual cost of replacement)
09.	For loss of movable property such as grains, clothes and other household effects	Rs.2,000/- Rupees two thousand only)
10.	Damage to irrigation drinking water wells, tube wells, electric motor, fittings, fruit bearing trees etc. in the ownership of the victims to be assessed separately.	The amount of compensation should be equal to the actual loss of the assessed. Pending assessment immediate grant Rs.500/- should be made.

3. In the case of other riots, relief was sanctioned at different scales.

4. The need for adopting a standard scale of relief for death or incapacitation or rape, loss or damage to property has been engaging the attention of the Government, with a view to avoiding delay in sanction of relief amount and for ensuring expeditions disbursement of the relief amount. The Government after careful examination have decided that, for death, incapacitation, hurt, rape etc., the scale laid down for Scheduled Castes / Scheduled Tribes, and Minorities in G.O.Ms.No.940, Social Welfare Department, dated 06.04.1988 be continued to be adopted for all communities. As regards pattern of relief for loss of or damage to property to the victims, the Government have decided to prescribe a standard scale of relief which will be applicable in all cases of communal / caste clashes.

5. The Government accordingly order that, the scale of payment of ex-gratia amount for loss of life, incapacitation, rape, damage to property to the victims of all communities including Scheduled Castes / Scheduled Tribes and Minorities affected in communal / caste clashes, shall in supersession of all earlier orders on this subject be as follows :

Sl.No.	Nature of loss	Quantum of Relief
01.	Death per person killed in a family (whether earning or non-earning)	Rs.10,000/- (Rupees ten thousand only)
02.	Permanent incapacitation per each member in a family.	Rs.10,000/- (Rupees ten thousand only)
03.	Temporary incapacitation	Rs.2,000/- (Rupees two thousand only)
04.	Grievous hurt/short of incapacitation	Rs.1,000/- (Rupees one thousand only)
05.	Rape	Rs.5,000/- (Rupees five thousand only)
06.	Loss of or damage to house : a) RCC roof or tiled house b) Thatched house (a) & (b) includes loss of movable property such as grains, clothes & other household effects.	a) Actual loss or Rs.2,500/- whichever is lower. b) Actual loss or Rs.1,500/- whichever is lower.
07.	Loss of or damage to shops : a) Tiled shops, including loss of goods in the shop. Thatched shops or bunks including loss of goods in the shop.	Actual loss or Rs.2,500/- whichever is lower. Actual loss or Rs.1,500/- whichever is lower.
08.	Loss of earning assets like vehicle, a boat, cattle.	Actual loss or Rs.2,000/- whichever is lower.
09.	For loss of movable property such as grains, clothes and other household effects without loss of or damage to house, loss of articles in shops without loss or damage to building containing the shop. Relief under items 6 & 7 will disentitle relief under item 9.	Actual loss or Rs.1,000/- whichever is lower.
10.	Damage to irrigation drinking water wells, tube wells, electric motor, fittings, fruit bearing trees etc. in the ownership of the victims.	Actual loss or Rs.1,000/- whichever is lower.

6. The above scale of relief will be applicable for all clashes / incidents which take place after the date of issue of this order. The Collectors are hereby empowered to sanction relief in accordance with the scale specified above. Relief amount should be disbursed within one month of the date of occurrence of the incident. The amount shall be met by the District Collectors initially, from the Collector's discretionary fund. Payment shall be made after immediate enquiry following the incident without waiting for the result of the criminal proceedings. In respect of such incidents, the Collectors should immediately after sanction of relief send a detailed report to the Deputy Secretary to the Government in Finance (CMPRF) Department and also the details of relief sanctioned as in the proforma appended to this order for sanction of reimbursement of the amount from the 'Chief Minister's Public Relief Fund' equivalent to the amount of relief sanctioned by them.

7. A report on the incident and also the details of relief amount sanctioned as in the proforma appended to this order may also be sent to the Secretary to Government, Public (Law & Order.B) Department, Secretariat, Madras-9.

8. This order issues with the concurrence of Finance Department vide its U.O.No.2328/FS/P/91, dated 3.5.1991.

(BY ORDER OF THE GOVERNOR

A.M.SWAMINATHAN,

SECRETARY TO GOVERNMENT.

//TRUE COPY//

Sd./-

SECTION OFFICER

PROFORMA

REPORT OF ATROCITIES ON MEMBERS OF ALL COMMUNITIES INCLUDING MINORITIES/SCHEDULED CASTES/SCHEDULED TRIBES AND MONETARY RELIEF SANCTIONED THEREON

1. Name of the District

2. Date of occurrence of the incident

3. Village and Taluk

4. The community to which the victims belong to

5. By which community people the atrocity was committed

6. Brief facts of the incident

7. Nature and extent of loss

(a) No. of earning members involved in the incident and out of whom,

(i) Number died

(ii) No. of permanently incapacitated

(iii) No. of temporarily incapacitated

(iv) No. of grievous hurt/short of incapacitation

(v) No. of victims of rape

(vi) Extent/loss of movable property

(vii) Extent/loss of earning assets

(viii) Extent/loss of irrigation/drinking water wells, etc.

8. Number and value of property lost

(a) (i) No. of houses burnt

(ii) Value of houses burnt

(b) (i) No. of families whose property was lost

(ii) Value of property lost

9.Category-wise quantum of relief sanctioned due to :

(a) Death

(b) Permanent incapacitation

(d) Burning of house/houses

(e) Loss of movable/immovable property

(f) Loss of earning assets

(g) Loss due to damage to irrigation wells, etc.

(h) Rape

(i) Total relief sanctioned

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