GOVERNMENT OF TAMIL NADU 

ABSTRACT

LAW AND ORDER - 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.874                                                                                                                                                  Dated : 08.08.1996.

  Read :                                                                                                     

1. G.O.Ms.No.629, Public (Law & Order.B) Department, dated 3.5.1991.

2. Letter No.3675/L&O.B/96-1, Public (Law & Order.B) Department, dated 29.3.1996.

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ORDER : 

            In the Government Order first read above, orders were issued fixing norms for provision of financial assistance to the victims of all communities including Scheduled Castes/Scheduled Tribes and Minorities affected in communal/caste clashes.  In the above Government Order, the following categories were not included :

(1)   Death due to Police firing

(2)   Death due to Police torture

(3)   Rape victims by Police

2. The Government further, in the letter second read above, directed that the Hon'ble Chief Minister, based on the facts and circumstances of each case of victims of violence, death/rape in custody, Police firing, etc., or based on Court's directions or on suggestions of bodies like National Human Rights Commission in such cases, shall have the discretion to award ex-gratia in any quantum exceptional to the norms prescribed in the Government Order first read above.

3. Even though norms have been prescribed in the Government Order mentioned in para 1 above for payment of ex-gratia amounts from the Chief Minister's Public Relief Fund to the victims of communal/caste clashes etc., practically no uniformity was followed with higher amounts being paid on case to case basis.  In order to have uniformity in granting the financial assistance to the victims of caste/communal incidents, Police firing, torture/death in Police custody, rape, etc., the Government have examined the whole issue and have decided to enhance the norms fixed in the Government Order first read above for the following categories as noted against each :

 

Nature of loss

Quantum of relief

1

a)     Death in caste/communal clashes

b)     Death due to Police torture

c)      Death due to Police firing

d)     Rape by Police

 

 

Rs.50,000/- (Rupees fifty thousand only)

2

Permanent incapacitation

Rs.50,000/- (Rupees fifty thousand only)

 

3

Major injuries

Rs.10,000/- (Rupees ten thousand only)

 

4

Partial incapacitation

Rs.10,000/- (Rupees ten thousand only)

 

5.

Minor injuries

Rs.5,000/- (Rupees five thousand only)

            4. The other norms relating to loss or damage to properties, houses, shops, etc., prescribed in the Government Order first read above shall be continued.

            5. The Government accordingly direct that the Collectors be empowered to sanction relief in accordance with the scale specified  in para 3 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 Treasurer, Chief Minister's Public Relief Fund and Deputy Secretary to the Government in Finance Department and also the details of relief sanctioned as in  the proforma appended to this order for reimbursement of the amount from the Chief Minister's Public Relief Fund equivalent to the amount of relief sanctioned by them.  The Collectors should send one consolidated proposal for each incident for reimbursement of the relief amount sanctioned from Chief Minister's Public Relief Fund.

            6. 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.

            7. This order issues with the concurrence of Finance Department vide its U.O.No.2986/FS/P/96, dated 7.8.96.

(BY ORDER OF THE GOVERNOR)

       M.DEVARAJ,

SECRETARY TO GOVERNMENT.

To

All Collectors.

The Superintendent of Police, All Districts.

The Director General of Police, Madras-4.

All Treasury Officers.

The Accountant General, Madras-18.

The Accountant General (CAS), Madras-9.

The Director of Treasuries and Accounts, Madras-35.

The Deputy Inspector General of Police (PCR), Anna Nagar, Madras-40.

The Director, Backward Classes & Minorities Welfare, Madras-5.

The Director, Most Backward Classes & Denotified Communities, Madras-5.

The Special Commissioner & Commissioner of Revenue Administration,         

       Madras-5.

All Departments in Secretariat, Madras-9.

/Forwarded//By Order/

                                                                                                       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

(c)   Temporary 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

  M. DEVARAJ,

SECRETARY TO GOVERNMENT.

 

//TRUE COPY//

                                                                                                       Sd./-

SECTION OFFICER