A Report on the Consultation of the Victim Compensation Scheme I Introduction 1.1 Section 33(8) of the Protection of Children from Sexual Offences (POCSO) Act 2012 states that, in appropriate cases, the Special Court set up to try cases under this Act may grant, in addition to the punishment, direct payment of compensation to the victim child. Accordingly, in Rule 7(4) of the POCSO Rules, it is stated that the compensation awarded by the Special Court has to be paid by the State Government from the Victim Compensation Fund or other scheme or Fund established by it for the purpose of compensating or rehabilitating victims under Section 357A of the Criminal Procedure Code (CrPC) 1973, or any other law for the time being in force; where such Fund or scheme does not exist, such compensation is to be paid by the State Government. The Government has set up @ Kerala Victim Compensation Scheme in 2014 for this purpose. It has also set up Special Courts and notified the Special Prosecutors designated to handle POCSO cases. By September 2015, it even earmarked Rs 1 crore for meeting the expenditure under the Victim Compensation Scheme. However, the sad reality is that despite all these provisions to provide support to the victims, it has not been possible to ensure timely disbursement of the funds to the needy, 1.2 It is in this context that the Kerala State Commission for Protection of Child Rights decided to look into the matter and identify the bottlenecks that prevent the Scheme from achieving the objective for which it was set up, and to recommend to Government the steps necessary to resolve these constraints so that the best interests of the children who are covered under the POCSO Act are optimally protected and they get the support assured to them in a timely manner. Accordingly, a consultation was held with important stakeholders and experts from the judiciary in order to have a proper understanding of the issues involved. Details of the participants who attended the consultation held at the Thycaud Guest House on 20.6.2016 is given at annex | 2. The Consultation 2.1 During the consultation, many constraints and issues were identified by different stakeholders and a number of suggestions were made. These are summarized below: i) That there is tremendous delay in securing the Funds for disbursal. The Rs 1 crore allocated for the Victim Compensation Fund (Fund)( annexll) has been allocated under the head of account of the Police, who have absolutely no role to play in the matter of administering the Victim Compensation Scheme(Scheme)(annexill) at any stage. In order to secure the Funds, it was stated that the Kerala State Legal Services Authority(KELSA), which is responsible for operating this Scheme, has to apply to the Law Department, its parent Department, which in turn has to apply to the State Police Chief who then has to sanction the necessary amount through the Law Department to KELSA, which in turn then makes the amount available to the District Legal Services Authority (DISA). As a result of this cumbersome process, last year, the funds reached KELSA only mid March. Hence, only the DLSA at Thiruvananthapuram could process a small part of the claims pending with it after completing due procedures, and the balance claims are all pending settlement till date. There is an urgent need to reduce the number of levels, of clearance required to secure the funds in order to reduce the inherent delays that presently exist in the system. ii) Since the start of the current financial year, not a single claim could be settled because only a token provision of Rs 1,000 has been made for this scheme in the budget. Therefore, it has not been possible to effect any kind of payment even up to the date of the Consultation. There has to be an arrangement for funds that will ensure continuous availability of resources, without linking it to the budgetary cycle; if this is not done, the purpose of the Scheme and the related provisions in the POCSO Act (annex IV) and Rules will not be served. iii) There are provisions in the Scheme which require modification because they are not in consonance with the provisions of the POCSO Act and the Central Victim Compensation Scheme, or to avoid ambiguity. These need to be taken up with Government at the earliest. iv) While Special Courts can recommend compensation to be paid in the case of victims and can decide on the fines to be levied on the accused, over and above any punishment to be given to him/her, the ultimate quantum of payment to be made to the victim, taking into account all the payments made till then in terms of interim compensation and all reliefs given (except compensation given under the Motor Accidents Claims Tribunal), is the responsibility of DLSA. Therefore, they have to undertake a due enquiry, and then effect the payment in a time bound manner, after satisfying themselves about all aspects of the victim’s injuries and circumstances. v) There is no uniformity in the approach adopted by different DLSAs when deciding the ‘compensation to be paid to victims . There are certain guidelines given in the POCSO Rules (Rule 7 sub rule 3) Annex V; however these guidelines have not been reflected in the Scheme (para5 sub para7) or the Schedule to the scheme( ParaS sub para 4) which are the basis for arriving at the actual amount to be given. Hence, there is a gap that needs to be filled and an urgent need to amend the relevant provisions of the scheme.vi) In order to satisfy itself, the KELSA is required to undertake time bound enquiry before finalizing the compensation. It can also call for any information necessary to verify the genuineness of the claim. At present the inquiry is being got done through some of the DLSA’s empanelled lawyers ; but the DLSAs themselves can even summon the victim as part of the inquiry process. It was learnt that the process of effecting payment is not happening within the envisaged time frame due to a number of reasons, some outside the control of the DLSA. One suggestion that emerged to speed up the process of enquiry is the possibility of using for this purpose the services of the Probation Officer available in each district, who is already designated under para sub para 8 of the Scheme to ensure effective rehabilitation and continuous evaluation of victims of rape and those suffering trauma vii) There is need to ensure that the whole process of enquiry is not only speedy, but child friendly ( as envisaged in the POCSO Act itself), is respectful about the child's, privacy and in guarding it, and is also sensitive to the trauma that the child underwent Therefore, repeated summons to the child, making him/ her travel long distances etc need to be avoided. viii)it is mentioned in the Scheme that the time frame for completing all the activities by the DLSA, after receipt of the recommendation of the Special Court, is two months. In the case of children covered under the POCSO Act, Rule 7 sub rule 5 of the POCSO Rules stipulates that the payment should be effected within 30 days of receipt of the order. Therefore, there is a need to amend the Scheme so that the provisions are harmonized with the requirements for POCSO victims under the statutory rules. ix) Compensation is to be effected as per the provisions of Para 5 sub para (4) of the Scheme which states that the amount of compensation is to be decided by the DLSA based on the standard criteria given in the Schedule appended to the Scheme. As stated in prepara (v), there is a need to bring the provisions of the Schedule in harmony with the provisions of the Schedule. There is also a simultaneous need to harmonise the quantum of compensations specified in the Schedule with the matching provisions given in the Central Victim Compensation Scheme where it is the minimum amount of compensation that has been prescribed, as against the State scheme where the same amount is shown as the maximum amount permitted. This harmonization has to be done for a number of other reasons too: (a) It arbitrarily limits the amount of compensation that the state can give a victim, and denies the scope for addressing the gravity involved in each case.(b) sometimes, the Court itself may levy penalties that are more than the prescribed limit. {c) it intrudes into the powers of both the Special Court and the DLSA to arrive at an appropriate compensation after due trial/enquiry, by limiting their flexibility to take a judicious decision, taking all factors into consideration. (x) There is also a related issue about the various categories of offences listed in the Schedules attached to both the Schemes for which the levels of compensation have been notified in the Central and State Schemes. In both the schemes, while there is mention about rape and assault, there is no mention of the various other categories of offences which have been categorised in the POCSO Act. Unless these are listed with indicative minimum penalties, there can be a lack of uniformity in the orders of the DLSA, which can affect the best interests of children. (xi) Rule 7 (1) of the POCSO Rules provides that interim compensation may be paid to a child covered under the provisions of the POCSO Act, in appropriate cases, to meet the immediate needs of the child for relief or rehabilitation at any stage after the FIR is registered . This interim relief is to be adjusted against the final compensation, if any, given to the child. The recommendation to give this compensation is to be passed by the Special Court on the basis of an application filed by or on behalf of the child. It is a sad reality that hardly any case of interim relief is being passed by the Special Courts, and even when they do, there are constraints in paying them through the DLSA. Some of the reasons that were stated during discussions are summarised below: a) The basic issue in this matter is that whatever is to be given to the child as an interim relief, is intended for meeting immediate needs. However, there are hardly any instances where this objective could be met through these provisions. As a result, the District Child Protection Officers (DCPOs) are compelled to run helter skelter trying to locate some scheme under which funds can be organized to help the victim’s family meet the immediate medical and other basic expenses involved. Currently, it was learnt that the DCPOs do not have funds in their control which can be used for this purpose. b) There is some confusion i ‘one, mentioned in the POCSO Rules, as stated above, which is to be ordered by the Special Court and to be implemented by DLSA, and the other, “any other interim relief as the appropriate authority deems fit”, mentioned as _ part of the provisions in Section 357A Sub section (6) of the CrPC ( annex VI), where the relief is to be given directly by the DELSA. There is no specific mention about the grant of any interim compensation in the CrPC. However, DLSA is mandated under that Section to carry out the directions implementing the two provisions relating to interim reliefregarding any compensation awarded by the Special Court. Therefore, it has to ensure the timely payment of both compensations, interim or final, to children. (c) The inherent difficulty, insofar as interim payments are concerned, is that DISA can pay any compensation only after making due enquiry and satisfying itself through that process, for which in a case under the POCSO Act, a time limit of only one month is prescribed. No distinction has been made in the matter of interim payments ; but the prescribed process and time frame for effecting final payment is not suitable i interim compensation, where the law itself calls for providing “immediate” relief. cases of (d)There is also the issue of what criteria should be followed when granting interim relief. Representatives of DISA clarified that they normally go by the criteria given in rule 7 sub rule 3 of the POCSO Rules, the provisions of Para 5 sub para 7 of the Scheme, and also the ceiling limits fixed in the Schedule to the Scheme; but, currently, there is no uniformity, and the assessment currently varies from district to district. It became apparent that there is need to bring about some clarity on these issues. KELSA agreed to issue internal guidelines in the matter. (e)The provisions in the Kerala Victim Compensation scheme allow not just @ police officer{ not below the rank of an in charge of the police station) or a judicial magistrate but even an executive magistrate or a competent medical officer of the area to certify the need for immediate medical facilities or medical benefits, which the DLSA is required to make available free of cost. How DLSA will be able to ensure this at all times is yet another aspect where some ambiguity exists, especially in cases where attention from medical specialists or surgery is required, It was learnt that neither the police nor the Courts are issuing the certificate even in needy cases for securing interim relief, and a separate exercise has to be undertaken by the victim to obtain them. This belated receipt of the certification defeats the very purpose of having a provision for interim relief and puts the victim and the victim’s family, often from the most vulnerable social and economic strata of society, to untold difficulties. It was reported that in some cases, there is delay in securing certification from the magistrate because the police register the case in the Judicial First Class Magistrate’s Court and not in the Special Court, and no certificate is being issued by the former on the grounds that it can be done only by the Special Court after the matter is transferred to them. In these circumstances, the State Police Chief will need to give clear directions about the steps to be taken by them to help overcome the various constraints presently connected with the disbursal of interim compensation to victims such as filing the case in the appropriate court and promptly issuing certification in needy cases. Similar sensitisation is needed in the case of the magistrates, and also the DLSAs, about ensuring the timely issuing of certification inneedy cases, and for ensuring timely disbursal of the interim compensation and other reliefs respectively. (f) A suggestion also arose whether some funds can be placed with the DCPOs to tide ‘over emergencies of the kind mentioned above when the victim’s parents approach them for support. This is a matter that calls for in depth examination of the issue by the Department of Social Justice in consultation with the DCPOs. Their practical experiences of such situations have to be given due weight, and suitably addressed so that they are in a position to provide immediate support to any needy victim, as and when the need arises. xii) Another issue that came up for discussion was about the time frame fixed for making the application for relief, and whether there was need for relaxing the six month limitation that is currently imposed under para 9 of the Scheme, and relaxed only where justification is established. It was noted that this limitation existed only in the specific circumstances related to Section 357A (4) of the CrPc, where a crime has been established but the accused has not been identified , and not in any of the other situations. Whether such a limitation is necessary at all in a welfare oriented scheme is a matter for consideration. xii) It was unanimously agreed that the critical issues need to be taken up with the Government at the earliest, and that the suggestions for modification of the Kerala Victim Compensation Scheme should be sent to Government immediately, since an exercise to do is already underway. 3. Comparison of the provisions of the Kerala Scheme with the Central Victim ‘Compensation Fund Guidelines. 3.1 The Central Victim Compensation Fund Guidelines (annex Vil) were announced by the Ministry of Home Affairs(MHA) with effect from August 2015 and it aims to support and supplement the existing Victim Compensation Schemes notified by the States and UT Administrations under Section 357A of the Cr PC , using the resources available under this Fund . The Fund seeks to reduce the disparity in the quantum of compensation notified by different states/ UTS for victims of similar crimes. An initial corpus of Rs 200 crores was sanctioned by the Ministry of Home Affairs out of the Nirbhaya Fund meant for tackling crime/ violence against women. It is proposed to supplement the existing resources with contributions from the corporate and the public. Here it needs to be noted that unlike the Central Fund, where the funds do not lapse at the end of a financial year, the provisions for the State scheme are provided as a non plan allocation in the budget. This means that the balance funds if any, lying in theconcerned head of account of this scheme, will lapse at the end of each financial year, and a fresh budgetary allocation will have to be given in the new financial year. This is proving to be a major bottleneck in ensuring the effective implementation of the ‘Scheme. 3,2The basic requirements for accessing support from this Fund are (1) the quantum of compensation notified should not be less than the amount mentioned in the annexure to the Central Fund Guidelines(2)the states must first compensate the victim and then seek reimbursement of funds (3) the Budgetary grant should be used for paying ‘compensation only after the non budgetary resources are consumed and (4) the details of every victim compensated must be maintained electronically in a specified manner. There are some constraints for the State scheme vis a vis the above guidelines because the amounts permitted in the Schedule to the Kerala Scheme for different crimes listed in it indicates amounts that are shown as the maximum ceilings to be adhered to in each ‘case, unlike in the case of the Central Fund where the same amounts are shown as the minimum amounts to be paid. This provision in the Schedule to the Scheme needs to be altered to comply with the conditions for securing reimbursement from the Central Fund, as also the issues raised in para 2(ix) of this note. 3.3 The states are required to first effect payment to the victim, following the procedure and time frames provided in their respective schemes, and then submit proposals for assistance from the Central Fund. When the amount is approved, funds will be transferred electronically to the bank account of the State Victim Compensation Fund, ‘as maintained either by the State Legal Services authority or by the nodal department in the state, The state is required to give utilization certificate as per GFR 19(a). Since allocation to the extent of Rs 1 Crore was allocated and Rs5O lakhs was made available to KELSA from this amount for the first time in the last financial year, out of which only Rs 25 lakhs could be utilized because the funds were stated to have been received mid March, the Home Department would need to make a claim for reimbursement in the current year for this amount paid from the budgetary resources. It would be necessary for the Government to ensure that it makes that claim keeping in mind the various conditions for reimbursement which are mentioned previously, including, interalia, the fact that compensation has been fixed by KELSA after taking into account all the fines and reliefs given to the victim as required under Para 5 sub paras (10) and (12) of the Scheme. 3.4 The Kerala Victim Compensation Scheme envisages funds to be sourced through not just budgetary allocation, but through fines imposed under section 357 of the CrPC, as well as donations and contributions from individuals, organizations and internationaland national Charitable Institutions. The difference noted between the two schemes is that in the case of the Kerala scheme, it is clearly stated that the funds collected from fines imposed under Section 357 of the CrPC will be a source of the Fund, while in the Central Scheme there is no mention of the levies under Section 357 as being a specific source for generating resources for the Fund through the fines levied. If there is an implication that this provision implies that the fines levied from an accused in any crime case under Section 357, including in POCSO cases, will first need to be put into this fund under Section 357A and only thereafter paid to the victim, this presumption will need to be confirmed. It was learnt that so far it is not being done, since the Scheme was first operated only last year. If indeed the presumption is correct, then it needs to be modified because these fines are levied under Section 357 of the CrPC by the Court, taking into account the merits of each individual case, and the amount is being given by the Courts directly to the victim; the DLSA has no role to play in the matter and the amount is also collected directly from the accused. 3.5 On the other hand, in the case of the compensation to be fixed under Section 357A of the Cr PC, DLSA’s role comes into play when the Hon'ble Court directs further compensation to be given to the victim by the former. Then the DLSA can effect payment only after due inquiry and after satisfying themselves about the circumstances of the victim before the amount of compensation is fixed, and also only after taking into account the directions given in Para 5 sub para (10) of the Scheme. Thus, both the amounts to be given to the victim have different sources, objectives and authorities involved ; they are also governed by separate provisions of the Cr PC. Therefore, it would not be appropriate to club the amounts together, not merely due to the delay that will result in paying the victim, but also because the matter will then require DLSA to effect payment in accordance with the provisions of Section 357A, which is contrary to the provisions of Section 357. This is incorrect and unacceptable. Hence, the Kerala Victim compensation needs to clearly distinguish between the differing requirements under Section 357 and 357A and provide for both of them separately, by amending paras 3 (2) (b) and 3 (3) of the Scheme. 3.6 In the Schedules attached to both the State Scheme and the guidelines to the Central Fund, there is no mention of the specific crimes defined in the POCSO Act. This is an issue that needs to be sorted out to ensure uniformity and convenience for DLSA when dealing with such cases. It is understood that some states like Orissa have already incorporated these new crimes into their scheme. It is not clear why the guidelines for the Central Fund did not address this issue in the Schedule to the guidelines even though the guidelines were framed after the POCSO Act came into being in 2012. This issue needs to be taken up, and the State scheme also modified suitably.4,Critical Issues for consideration 4.1 Based on the issues that came to notice from a comparison of the provisions of the State Victim Compensation Scheme and the guidelines for the Central Victim Compensation Fund, following are the main issues that appear to need immediate attention to implement the Scheme effectively: i) There is need to align the provisions of the Kerala State Victim Compensation with the provisions of the guidelines of the Central Victim Compensation Fund in the matter of providing for the crimes listed in the POCSO Act. They must also be aligned with the provisions of Rule 7(3) of the POCSO Rules, relating to the criteria for granting compensation with related provisions in the Scheme. ii) It is also necessary to align the Kerala State Compensation Scheme with the requirements under Sections 357 and 357A of the CrPC. Therefore, the penalties levied under Section 357 of the CrPC should not be included in the funds provided under the scheme since the objective for which this penalty is being collected is entirely different. ‘The penalties and fines levied from the accused should continue to be paid to the victim as per present procedure. The requirement in the guidelines of the Central Fund can still be met because the Kerala Scheme enjoins DLSA to effect final payment of compensation only after taking into account the payments made earlier to the victim; so do Rules 7 (1) of the POCSO Rules and Section 357(5) of the CrPC. The provisions of the Kerala Scheme need to be modified accordingly. ill) There has to be clear understanding about how DLSA must conduct its inquiries and through whom, to ensure uniformity. It also needs to be done in a child friendly and time bound manner; the Kerala Scheme needs to be modified in so far as the time frames are concerned to align it with the provisions of the POCSO Act when ‘compensating victims who are covered the POCSO Act. A separate provision is needed for this aspect in the Scheme to comply with the requirements of the POCSO Act. iv) The problem of effecting interim compensation has to be sorted out. As in the case of acid burn victims, for whom a special provision has been made in the Kerala Scheme, there is need to make a special provision for effecting interim compensation to meet the interim expenditure connected with the immediate needs of the child for relief or rehabilitation, any time after the FIR has been filed. v) It is seen that for granting interim relief, as per Para5(7), a certificate is needed from ‘an executive or Judicial Magistrate or a Police Officer not below the rank of an officer incharge of the police station, or a competent Medical officer of the area. This provision is more child friendly than the provision in Section 357A(6) of the CrPC. However, for this provision to be truly effective, it is necessary to define who the competent Medical Officer shall be v) There is lack of clarity regarding how DLSA is to ensure the effective implementation of Section 357A (6) of the CrPC, where the DLSA is required to ensure that the victims get immediate first aid or free medical facilities free of cost and also other interim reliefs. This provision remains extremely vague in prescribing how it has to be implemented, and so, there is no uniformity, and there is a lack of clarity on how the support is to be given to the victim immediately after the incident. It is necessary to simplify the formalities for ease in implementation, viJThere is need for greater awareness about the Scheme among the public because there is very little knowledge even among the stakeholders on how to avail benefit of the scheme. vii) Most important, the present inconvenient method of providing funds for paying compensation, both interim and final, to the victims, has to be streamlined and made simpler and faster. It is also necessary to ensure that funds are continuously available as in the case of the Central Fund so that under no circumstance is a request to be kept pending, as at present, for want of funds. 5 Recommendations 5.1 Based on the above recapitulation of issues, the following recommendations are made to government for early consideration: i) The most critical issue is the availability of adequate funds on a continuous basis for implementing the scheme. To achieve this objective and to ensure that the amounts given from the budgetary resources are reimbursed without difficulty, the following measures may be considered: Instead of the present system of having a separate non plan head of account under the Home Department controlled by the Police who have no role to play in the entire proceedings, a separate Fund may be created under the Law Department to be managed by KELSA while the Home Department continues to be the nodal Department for the funds received from the Central Fund and also for allocating budgetary and non budgetary resources into the Fund in different tranches, based on the extent of utilization. This will help ensure the continuous availability of funds at all times and also speed up the process of making funds available to the DLSAs2. Since there is need to seek reimbursement, which is subject to certain conditions, a detailed accounting procedure may be prescribed which will clarify the role of each stakeholder and also include a monthly or quarterly statement showing not just the utilization of funds from the newly created Fund and the balance available, but also the amount paid as compensation under Section 357, so that it will be possible to inform MHA about the amount paid from non budgetary resources before doing so from budgetary resources. Ideally, there should also be a provision for periodical review of the performance of the Fund, the availability and utilization of resources etc so that suitable instruc ns can be issued to stakeholders based on feedback in a timely manner. ii)The Kerala State Victim Scheme needs to be aligned to bring its provisions in line with the related provisions in the POCSO Act, the CrPC, as well as with the guidelines related to the Central Fund. When doing so, the Schedule to the Kerala Scheme must be updated to include the crimes defined under the POCSO Act. The need to do a similar exercise in the case of the Guidelines to the Central Fund could also be taken up by the Home Department with the Ministry of Home Affairs. ili) Under no circumstances should the fines levied by the Court under Section 357 be made part of the allocations provided for the compensation paid under Section 357 A of the CrPC. The provisions made in the Kerala Scheme for this purpose need to be removed and suitably modified. iv) The time frames within which POCSO victims have to be given their compensation will have to be shown separately in the Kerala Scheme as it is only one month as per the POCSO Act, against two months mentioned in the CrPC, which will be applicable in other cases. Similarly, for interim compensation, special provision with a very short time frame, has to be made in the Kerala Scheme for providing immediate support, as has been provided in the scheme for victims of acid burn attacks. v) Greater clarity is required for DLSA to carry out its inquiries in a uniform, time bound and child friendly manner. Necessary guidelines need to be issued for this purpose. vi) There has to be clear directions given to DLSA on how to implement Section 357A(6) in order to ensure that its provisions are effectively ensured for the victims. i) The State Police Chief and the Hon'ble High Court may be approached to request that a direction may be issued asking all policemen and Special Courts to issue the necessary certification that will fetch the victim immediate relief and interim ‘compensation in appropriate cases. The Magistrates may also be advised to not delaythe issuing of this certificate pending transfer of any case to the Special Court; if a policeman files the matter in the court of a First class magistrate, then if the need exists, the concerned judge must honour the responsibility vested in him and make available the necessary certification without any delay. It is also important that the provisions of para 5(3) of the Kerala Scheme is modified to indicate who the “competent medical officer of the area“should be. It would be most convenient if, on the lines of the approach adopted in the case of the Police officer, the in charge of the local PHC is designated to discharge this responsibility. viii) There is need to examine the problem faced by the DCPUs at present to provide immediate support to needy victims, especially those who need substantial medical facilities. Department of Social justice will examine how this need will be addressed and whether it is possible to provide some funds to DCPUs to meet such expenses of an urgent nature, ix) Government may also examine if there is need for a limitation clause for a welfare scheme, even if itis linked only to Section 357 (4) of the Cr PC.No0.92167/C2/2015/Home Home (C ) Department Phiruvananthapuram, Dated: 05.12.2015, From The Additional Chief Secretary to Government To The Registrar, . Kerala State Commission for Protection of Child Rights, Sreeganesh, T.C 14/2036, Vanross Junction, Kerala University BO, Thiruvananthepuram. Sir, . Sub: Home Department ~ Payment of compensation to child victims under POCSO Act - Reg Ref: Your Office LrNo.3099/POCSO/2015/KeSCPCR dtd. 03.11.2015. Inviting attention to the reference cited, it is informed that vide G.O(Rt.)No. 7284/15/Fin dated 10.08.2015, an amount of Rs. 1,00,00,000/- (Rupees One Crore Only) has been allotted to meet the expenditure under Kerala Victim Compensation Scheme (copy enclosed). It is also informed that authority concemed have started disbursing compensations under this scheme. Yours faithfully, GEORG! HACKO JOINT SECRETARY, For Additional Chief Secretary to Govt.PanexT oe eaap cudoooe Government of Kerals 2014 No. KERBH 6208 Maved KERALA GAZETTE @oMoWae6mo : EXTRAORDINARY : BHWsocloaIO (pATavanssyémano5 PUBLISHED BY AUTHORIT @ayoemamat0, } sn Thirwvananthaporam, Vol mn Tuesday GOVERNMENT OF KERALA” Mose (©) Department NOTIFICATION “ GO. Ms) No, 372014/itome. Date, Thirevanemhafian, 24 fob oc 20° Kumble, Tas, S. R. O. No. 167/2014.—in cxercise of the powers conferred ty sedehes. 357A of the Code of Criminal Procedure, 1973 (Centzal Act 2 of 1974} the Goverument of Kerala, in co-ordination with the Central Governmieai, hercoy. make te following scheme fr providing lands 1 te pone of eto tothe victim or hs depeden wn have slfeed toto the ere ad who reqite rehabilitation, nanos ssnunzaveor, é ne Gt wet” }qDYOr ons 103 roneeaadtoa 9M 384): inet ant (6) 0 Pay pousdo s0 poysodop i) runoase Jo prot, Moa para 9q 01 9489 9p 9M nosoe 30 poy Mu Sorte om ay 29} sjqysuodsas 51 Hons 30 so4 1279] 40 pan? ay) sop sounbos om pur posnaae ‘ornpayag ou 22pun pointnsuos pring HOA 30 79 jm) EUG in 8 Jo yup ~samnbas astauagio 9x‘wojnwsuadwea fo jwouasingsic 'y uno) 41 posse 24) tox uspuadep sf 40 wa ain 09 94) Jo AuaauR94 40} ane] Jo UnoD wuaradwoa ay) 210}9q jouasia 4 (E1) "2909 241 Jo LSE WopooE ‘Auouny seoyuag ‘Suiatos owoyps 1 Jopun juiiowe Jou40 Au 40 wu ‘uoHvonbs Ls oq) 49 psayooes uotnwvadug toy iuapuotlop sy J0 wii 24 oF paeingsp au (oD) sgevopUn UY m8 ZOARHNNA um pred 9q 03 pasapio tune ribo jwnoWe Uo WUHD3 4}84s Wosiad suoduios sxluoo j0 panav “wn09 (HF SUL st- (6) yususdwod JO sed aK) uy (R) ny. oy) SoMuaya anUepFou} By ngs 948 a40j04 uRLEID My ‘ pasnes so] yo sis sosuadxo yworpout *uinaia a1 pngny $9045 [HO F yo wimuxnb oy} optoap (184s tpi apory aK JOY LSE worrDes JO (f) jo wantenb 04) apioop Tous AOGINY S91 [699"1 YO “quowpny vooumes [eo 1 fom a} 20 wing duiny opus v st aynpogos oy Ut wa wl ajastel aut 44 pOPID9P 94 I ‘foun otp. 69 Ws powoap 8 J ooigo yraypau ayeduoo ¥ 40 ot jo UD JOU 91 jane

Separate paging ls glen to thls Part in erder that It roy be fled as «separate complaton. MINISTRY OF LAW AND JUSTICE. (Legislative Department) ‘New Delhi, e200 June, 2012/ytitha 30,1924 (Seka) ‘The following Act of Parliament received the asient ofthe President on the ota une, 2012, ands hereby published for general lsformaton:— ‘THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES . ACT, 2012 t : [No. 32 oF 2012] \ (194 June, 2012) AnActto protectchildren from offences of sexual assault, sexta harassment and pornography arid provide forestablishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto, ‘Watereas clause (3) of ticle 19 of the Constitution, inter alic, empowers the State to make special provisions for children; ‘Avo waexens, the Goverment of india has aéceded on the Ith December, 1992 to the Convection onthe Rights ofthe Child, adopted by the Geceral Aserably ofthe United . ‘Nations, which hai prescribed a set of stindards to te'followed by all State parties in aie securing the best interests of the child; pac waeas Its cessry for the proper development of the child that is x hot ight to privacy and confideatility be protected aad respected by every person by all means fui through all sages of jolla process involving he eb ‘Avo vhumans Iti impefative that he law operate a maaner that ingest interest and well being of the child are'regarded as being of pararotint importance at every stage, to fnsure the healiny physic, emotiooa,ietellecval and sosal development ofthe child Ax soRGAs the State partis ta the Convention on the Rights of the Child are , required to undertake all gppropriate sational, bilateral and mutiateral measures to prevent — (a) the inducement or coercion ofa child to engage in any unlawful seal activity;‘THE GAZETTE OF INDIA EXTRAORDINARY. Par (j)tveexplotaive uso of eile in prostitton or other nlanfl sexual practices; (Oe exploitative use of eildeon i peinogeaphle performances end material ‘Avo woenans sexual expiltation and seni tbuse of children are heinous erimes and need to be effectively addressed. ‘Balt enacted by Pallemert ln tho Sitythird Year ofthe Republic of India as follows: — cussPrERt Piatt ‘short title, 1. (2) This Act may be called the Protection of Children from Sexual jOffencesAc, 2012 ELE Cy itentndsto the whole of ni, exeepthe Sie of aim da es (;)itshal come into forecon such datas the Central Goveraent may, by notification inthe Oficial Gazette api. Definitions, 2. () inthis Act, unless the context otherwise requires, — (onto oslo a eng ned in secon Satan SR i as ie remng sasigned to iret TBS" paved some gen (c) "anned forces seburity Forces" meats armed forges of the Union or siciiity forces or police ores, os apecfed ibe Schedule; (1 “eh? means-any perton below te ("domes relationship” shill have the ste racanng as assigned to It a clause () of section 2of the Proteton of Women fiom Domestic Violence Act, 2005; 43 of 200s (p“penetrive somal asa hes he same meaning as algned to tin section 3; (a) "prescribed means presribed by rules made under this Ac; (4) “ligious institution” shall have the arse meaning as assigned to it in the Religious institutions (Prevention of Misuse) Aet, 1988; 41 of 988, (“sexual esaut” bas the same meaning #8 assigned toi in section 7; () "serual harassment” asthe ste easing as assigned tit in seton 11; ("shared housghold” meas 8 whee the person charged wi offence ves orbu lived at aay tinea edgugeoseiniongup wun een (Special Court” means « cour dsigated as such under section 24; - 7) "Spek PblcProsento” aia ble Prose ppoted ind ston 32. 2) The words end expresisns used hecela end not defined but defined in the Inden Penal Code, the Code of Criminal Procedze, 1973, the ivenilelstice CareendProtecton 48 of 160 of Children) Ac, 2000 and the Iaformation Teebaology Act, 2000 sbal Lave the meanings 2 of 1974 respectively asigned to them in the sald Codes ofthe Acts, sect 00 cadrizhh 2 of 2000, Sexua. orrnces AGADST CLDREN ‘Ac PERTRATVE SEXUAL ASAUET 19D LNRIOAENT THERETOR Fencteine 3. A person is suid to commit Ypentative sexual esaul” if aan (c)te pesietrates his penis, toany exten, into the vaga, out, urethra or anus of a child or makes the chilé to do so with him or any other person; of (2) be inserts to any enteat, any objec of prt ofthe body, not being the pent inte vein, thera or en of tect rkes hed dso wis Ki o sy other person; orsit) (©) ho manipulates any part ofthe body of the child so a8 to cause penetration intothe vagina urethra, anus or any part of body of he child or makes the child to do ‘0 with him of any ether person or (@ he applies his mouth tothe penis, vain, anus, urethra ofthe child or makes the child to do 30 to such person or any other person 4, Whoever comuits penevaive sexual assault shall fe punished wih imprisonment | Puishrten of ither description for aterm which shall not be less han seven years but whichrmay extend !# to imprisonment for lf, and shall also be lable to fine penetctive fea ssa B.—AGoRAVTED FencTRATIVE SEXUAL ASSAURE AND PINAY TreRETOR 5. (a) Whoever, being a police office, cohinitspenetative sexual assault onachild— Aggravated Scene (within the tinats ofthe police staon oe premier i whlch he is eppolnted;or feel svat. (i inthe prez of ny ston baht ont stated inthe pice sain to which hel point vi inh con ci SER i (iv) where he ls known at, or idenlified tsa police officer; or | (Wwhoover being a member ofthe armed forex or secu forces comms penerative © sexual assault on a child— (0 within thems ofthe wea to which he persons deployed or (Gin any areas under the command of the forees of armed forces; or (iif) in the course of his duties or otherwise; or (where the sed porsn is own o dentiied a amemtber ofthe security or aumed forces; or (© whoever being a public servant commits penetratve seiiel assault ona child or (whoever belng onthe maagerent or on the Half Jl, remandhons,protetion tome, observaion home, or ter pce of estody of ce and prietion eablshed by or Under aay law forthe time being fa force, coma penetrativecexual aaa on a id bring mate of sch jl, Yemand hone oteton hore oberon ho, orth lace of custody or eae and protection: or ) whoever being on the management or stiff ofa hospi, wether Government or private, commits penetrative sexual assault on a child in that hospital; or () whoever being on the management o staff of a edicatona institution or religious institution, commits penetrative servalasalt on a child that ition; or (@) whoever commits gang peneratvesenualesaut on a child, Explanation —When child is subjected to sexual essault by one of more persons of « group in furtherance of their commoa itéstioa, each of such persons shall be deemed to bave committed gang penetrative sexual asauk within the meaning ofthis clause and each of such person shall be liable for that ac in the same manner as if ¢ were done by kim slones or Gy whoever commits penetrative sexual assaiton a chlldusing deadly weapons, ce, heated substance or corrosive substance; = Ownoever commits penetrative exual assault causing grievoushurt oreavsing bodily haven and injury oF injury to the sexual organs ofthe child; oFPuniehet ‘THE GAZETTE OF INDIA EXTRAORDINARY ive sexual asst ona child, which— (whoever commits pene CO physically ineapgittes the child oF causes te child to become mentally ill as defined under clausd (B)of section 2 of the Mental Health Act, 1987 or causes (4 ot ae impairment of eny kind $6 as to render the child unuble to perform regular tasks, temporarily or permanently; or (i in the case of female child, makes the chil pregiant as a consequence of sexual assault . (ip indies the child with Human Immunodeficiency Virus or any other life theeatening disease or infection which may cither temporarily or permanently impair the ehilé by rendecing him physically incapacitated, or mentally ll to perform regular (B whoever, taking advantage of a childs mental or physical disability, commits pnetrative sexual assault on the child; of (D whoever commits penctrative sexual assault on the child more than once or repenedly, of a whe. er eammits péndtrative sexual assault on: child below twelve years! or Go) Shocrr Sega ret of ho child hgh od or opin or marae rardtahip ok flex care or having deste atonp wis paren of eBid or toi living inh sabe or Sard housed with he eld coment penetrate sexs baal nck ei (c) whoever beg, nthe omenip, or mamgement, os, of any inition providing serves he chil coma penetaie seal talon the child: ot (0) whocrer bung na pin of sto aur ot child commis penetndive sexual assault on the'child in an institution or home of the child or anywhere else; or (@) weoever comes peotatve sol snl on «eid nowing the child eign or : () whoever cotimits penetrative sexual assault on a child and attempts to murder the (0) wsover cota penctatv sexual anon cid cous of communal er setusknveeneet or (0 whoever commits penetative sexual assault ona child and whe has been previously ‘convicted of having commuted any offence under this Act ot any sexual offence punishable, undef any other law for the time being in force; or (i whoo coms peste sia asaaone lad makes be ciosp or parade naked in public, ; is suid to commit aggravated penetrative sexual assault 6. Whoever, commits aggravated péndrative sexual assalt, shall be punished with for agsavae$ rigorous imprisonment for aterm which shall not belessthan ten years but which mayextend penetra Fowles {imprisonment for life and shall also be fable to fie.Sec 33 POCSOACT CHAPTER VIL | Proceouns AND powers OF Sreciat, COUTTS AND RECORDING OF EVIDENCE | —E——er OE Ne OF EemECE | 33.(1) ASpecial Court may take cognizance of eny offence, without the accused being committed tit for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts, (2) The Special Hublic Prosecutor, oras the case maybe, the counsel appearing forthe accused shall, while recording the exeminstion-in-chief, cross-examination or re-examination, ofthe chil, communicate he questionsto be putt the child tothe Special Court which shal Jin turn put those questions to the (3) The Special Coit ‘lay, child during the trial. (A The Special Court shall create a child-fiendly atmesphere by allowing o family member, a guerdian, «fiend or a relative, in whom the child bas ust or confidence, "to be ifit considers necessery, permit fkequent breaks for the + present in the court. (5) The Special Court shall enue ths the childs not called repeatedly to testify inthe court. ( The Special Cour shall not permit aggressive questioning or character sésassination ofthe child and ensure that dignity of the lil sratdained al ines dase Wetal> (7) The Special Court shall ensue that tho identity ofthe child is not disclosed at any time during the course of investigation or trial: Provided thet for reasons tobe recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure isin the intrest ofthe child, Explanaiton—For the purposes of this sub-section, the identity of the ehild shall include the identity of the chile’ family, school, relatives, neighbourhood or any other information by which the identity of the child may be revealed. ( Ineppropritte cases, the Special Court may, i addition to the punishment, direct payment of such compensation as may be prescribed to te child for any physical or mental trauma ‘caused to him or for immediate rebabilitation of ssc child (9) Subject to the provisions of this Act, a Special Couit shall, for the purpose of the trial of any offence under this Act, have all the powers of a Court of Session and sball ry such offence as if it wore a Court of Session, and as far as may be, in accordance with the procedure specified inthe Code of Criminal Procedure, 1973 fort before a Court of Session. Avex Procedure ang powers —ot Specie Cou ae11, Compentation (©) The Sheri! Court may, io appeoprae cares, on ite own oF Ge an “application fled by or on behalf of he hid, a nn otder for interim compensation so meet the Soars ich ol vie cid be ST onecnhibiciss Shier eogditas neusaiia aaa Rate 7 Information Report. Such imesin compensation! paid 10 the child shall be adjusted aguinst the ai exeyapeceationy lan, Pocso Rules (BThe Special Court muy, 01 is osm or on an Sppligion filed by ox on behalf oft wick, tecommend the stad of compensation where the recused i codvicted, or where dhe case ends is dequital or dlchacge, or the acuted it traced or idenite, sad inthe opinion ofthe Special Court the child has offered loss of injury a «result ofthat fence (@) Whese the Special Covet, under substection (8) of section 33 of the Act read with sub- seidens (aad G) of wedln 3574 of td Cole cf Cla Poi, wax 5 deca for ie ecopca ts hike aA hee ccc (A Re reg the ot inary caved ote iti, ohing te foloing- {ype of svn pi ofthe efece and th sry ofthe mene f phys am onary sulle by te hid @ the expendituré incurred oF likely to be incuted on bis medical westmest_ for physi ind/or ment hein Glow of éviaonl oppor 4 + conqunce of the offece, indudng scence froin school due 1d" meat tums, body injury, medical veatment, investigation and trial of the offence, or any other reason; * {les of egployment a a esult ofthe offence, nding sence from place of cpl ero BLE yoy mati went, cgi tnd wif ofc, ay ter ee; (the elainspof he child wo the fend if a: (esi date duryi iil a (e) wbecer il page pagan ef ofa: ted incidence or whether the abuse wok place (ii) whether the child contract a eewvallyuansmiied dsense (STD) 2 the offence; (&) whether the chilé contncted huinan immunodeficiency virus (HIV) as result of the offenct () soy disablty suffered by the child a «resol of the offence; (63) eancial conttion ofthe child against whom the offence has been cominited so a: to determine hie need for cebsbiltaton; (i) any other factor thar the Specinl Coust may contdes to be relevant (@) The compensation awaided by the Special Court is to be paid by the Sate Government fiom the Viedims Compentation Fund or other scheme or hind established by it for purpores of compensating and rehabiltting victine wader tection 387A of the Code of Criminal Procedure or any other laws Yor the dine being in force, of, where sith find or schemeiloes act ‘sit bythe State Government. {9} The Sta Gevemmentstall pay the compensation exdered bythe Special Coun ihn 50 dhysof receipt of seh onder (© Nothing in these rales shal prevents child or hie Parent or guardian or any wom he hid oso ond ence om og aes| GOVERNMENT OF KERALA ao oe Abstract BUDGET ESTIMATES 2015-16 - DEMAND -NOXII - POLICE - AUTHORISATION OF ADDI EXPENDITURE UNDER THE MAJOR HEAD(S) OF ACCOUNT 20855 - POLICE’ - SANCTIONED - ORDERS ~~~ JED FINANCE (BUDGET WING -D) DEPARTMENT G.0.(RI)No.7284/2015/Fin Dated, Thiruvans ithapuram 10-August-2015 Read:- 1. Letter No.1687/B/2008/KELSA dated 23/06/2015 trom the Member Secretary, KELSA. 2. U.O.(t) No.40877/C2/201 S/Home dated 10/07/2015 trom Home(C)Deparment, ORDER Government are pleased to authorise additional expenditure to the tune of Fs.10000000/- (Rupees ‘One Crore Only) under the head(s) of account as detailed below, invoking para 95(3) of Kerala Budget Manuel, in relaxation of the economy orders in force. account Aditonal Amount ‘Authorised (Fs “% 2085 POLICE < 800 OTHER EXPENDITURE e 74 VICTIM COMPENSATION FUND (NonPlan - Voted) 49909900/- 2).The additional expenditure authorised is to meet the expenses towards Victim Compensation Fund for settling the claims before the Legal Services Authority. 3). The Administrative Department/Controlling Officer concerned wil take timely steps to regularise this ‘additional expenditure through Fleappropriation of Savings within the Grant/Supplementary Demands for Grants before the close of the current financial year. (By order of the Governor) SHIBU.A To JOINT SECRETARY The Principal Accountant General (A&E) Kerala, Thiruvananthapuram ‘The Principal Accountant General (G&SSA) Kerala, Thiruvananthapuram ‘The Accountant General (E&RSA) Kerala, Thiruvananthapuram ‘The Director of Treasuries, Thiruvananthapuram ‘The Member Secretary,KELSA,High Court,Emakulam, Lite Home(C) Department ‘The Nodal Officer, www finance.kerala.gov.in The Interleaved Budget/Stock file/ Office Copy Forwarded/By Order ‘Accounts Officer gnaturewalidie Awe sac AE7 ‘The Code of Criminal Procedure, 1973 Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the url may, when, passing judgment order the whole or any part of the fine covered to be applied— (a) in defraying the expenses properly incurred in the prosecution, (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (©) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal ‘Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d)_ when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of _ having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has clapsed, or if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part; the Court may, when passing judgment order the accused person to pay, by way of ‘compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced . (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision, (6) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. 4{357A. Victim compensation scheme—(1) Every State Government in co- ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Sei vice ‘Authority, as the case may be, shall decide the quantum. of compensation to be awarded under the scheme referred to in sub-section (1) (@) If the trial Court, at the conclusion of the trial, is satistied that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the Victim has to be rehabilitated, ii may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application WO Wwe Stale oF HE District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months (6) The State or the District Legal Services Authority, as the case may be, 10 alleviate the suffering of the victim, may order for immediate first-aid facility or nedical benefits to be made available {ree of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magietrate-of-the area concerned, or any other interim relief as the appropriate aufherity deems fit.)AwNEX VI, No, 24013194)Misc.2014-CSR Government ot India/Bharat Sarkar Ministry of Home Affairs NOCC 1 Busting. Jas Singh road New Det Dated the 147 October, 2015 To ‘The Chiet Secretanes AS State Governmerts/UT Admrstrations. ‘Subyect: Central Vict compensation Fund Scheme (CVCF} Guidelines. Regarding ‘SwAtadam, ‘This is to inform you that the Ministry of Home Attars has decided to set up a Central Victrn Compensation Fund (CVCF) with the totowing key objectives - (To support and supplement the existing Victim Compensation Schemes. (To reckice dieparity in quantum of compensation amount notified by ‘Stlerent Statee! UTs for vitins of similar crimes, (H) To encourage Statos/UTs to effectively implement the Victim Compensation Schemes (VCS) notifed by them under the provisions. of section 357A of CrP.C. and continue frianciat suppert to victins of various Grimes especialy semua! ofences inciting race, acid attacks, nme ‘againat chiidren, human taticking ete. 2 A copy of the Certral Victim Compersaton Furs Scheme's Gudetnes “erelosad. You ace requested to modify your State Victim Compensation Scheme (VCS) ‘suitably. implementation of State VCS may be speeded up. 60 that States can claim financial support om CVCF after conure of tha financial year A copy of the scheme i tho mata onthe weet of sry se woe roe Yous pay, a Joint Secretary to the Govt. of indie Tel No, 23438100Joe (CENTRAL VICTIM COMPENSATION FUND (CCF) GUIDELINES 1. Short Title and Commencement ese nf be called as the Canal Victm Gompensaten Fane (CVCF) Gusdeines and nl come wna oren att fect ern 21" August 2015 2 Objective of Setting up of the CCE () To supper and supplement ine exatng Vcten Compensesion Schemes raves by StatesAUT Administrations, Te reduce aeparty in quantum of compensation amount notiied by Géferert Statey UT for wens of srar comes, (To enceage StateuUTs Io effectively Implement the Victim Compensation Schemes (VCS) nolfied by tem under the provisions of wection SETA of CrP.C ‘and controe franc! susport to vices of various cimes especialy vera! ‘offences including rane, ack altacks, crime agairat caren. human tracking ete 3 Sie of the Cor ‘The CVEF née set up wth an intial corpus of is 200.00 Crore to be eanctioned by, (he Ministry of France 4 Source of Corpus Funds for CVC (Out of tw “Nirdtoya Fund’ whikh is meant for tacking crime/itolence agains: women, ene-tine Budgetary Grant of Re 70000 crore a itil corpus fund for the CVF hs been ‘sanctioned(o be sanctioned) The Corpus Fund shat abso be mupsiemenied with option of t feceiving contrbusen tom Pubke 5 Empowered Commitiee and Comporition. + (a) The CVCF chat be aorinustered by 9m Emeoweres Comeninee nares ty Acstionsl Secretary (CS). WHA. The Empowered Cemmines shal coneat of okowe 0s Members (Jott Secretary. Department of Exoendaise, Mimsy of Finance (@) Joint Becretary, Minsetry of Women and Chid Oevehopment (8) Jom Secretary, Marvy of Socal Justice and Empownment (0) Otvet Contre of Avcourts, Home (W)_Deector (Finance), Misty of Home Atiry (06) Jom Secretany (UT Owtsion) MEA Joont Seormtary (CS Oesto) of MHA, Convenor (2) In came of any enigoneses, the Member may depute an often of suitable seventy to istend the Erppowered Convitiee, sutject to prior approve of he Chavman There reuld be minemum quorum ol 4 nominees mcksing the Casa Lo consider ars opto the propos The Chairman wt have the ower 10 kha any adtiona’ parton to mtend the meeting6 Secretariat: Joint Secretary (CS Dist.o0) MHA chal be cesignated as the Admeustrator ofthe Fund ‘The Empowered Commitee shai be aststed by the CS Oresion of MA 7 Essential Requirements to access funds from CVCF a) The State! UT must notty the Victim Compenaation Scheme ms par provisions of Section 357A of CPC The quantum of companiason nolfied should not be lets than the amount mentored in Annexure © StateT must fest pay the compensanon anout to te eligibe vic cf cnme ‘rom #x own Victim Conpentation Fund and thon sock reimbursement of finde ‘rom CCE Any enpereiture incured fom the State Vicien Componsation Fund to amit he ‘vicars wit De tented to be fest spent for the non-tudpetary resaurce axatatie fn the Blato Fund Bixyelary grant feorived from te state GoweerenervUT ‘Aamrweratir wil be uo? oniy afer consuerang he ron badgetary tenon (© Detas of every victim compensated must be mantaned electronically n Vielen ‘Compensation Modie’ Citizen portal of CCTNS project 8 Adiinsibte Activities of CVEF 9) To btain a Corpus of fue in MHA 1) To supplement the Cerput In MEA through contributions tom Corporates and the Putte. ©) To supphemert and support the Vici Compensation Schemes noted by the ‘StameUT Adminicvatons on a maichng share Dass flo the event of actual lexpenature mace fer the StaI6UT Adranmtratons Budget component to the State ‘Vict Compensation ra « that partcvlar year) (Paptanatiery Hm expected thatthe State Victim Compensation Fund wi const of foes, nee compensation smount paisrecovered tom the perpetrators Of crime ved also ‘upetry supper Irom Bre State Covemmart/ UT Admaatration. Support harm CVCF to the StateA/T wit bo tinted to tho sclual expensive made fom tho SialaT ‘Acrmanration budget comporert of the State Vee Compensation Fund 4 the pertoutar yoar ad only he victims of crme we being compenseted 2s per the ‘onyecaves of the statot/T vit compensation scheme. In case Siae/T Budget Component % not fuly spent h 9 partcuar year but cared Forward and spent fa the subeaquoct yeu, the Stale / UT nil be eligible for recurrng matching aha from CVCF for tos componert of fund nso sect to moving other wbyBity requirement) 1) To prove speci! fearcia essntance Up to Rs $00 Sahn to the victims of Acd _anack 10 meet Weatmere expenses Ove! and alow’ the compeemation pad by the reapectve StatexUT Aammistitions Using thes provision. a cashless treatment mechan for vctims of Acd Attack wil be formsfated m consultation with the9. Approval and Release of Funds 1) StatesiuTs wi fest mgierment me veten compansaton schemes natfiad by them snd ‘ist pay compensator to the elaitie views fotoweng Re proceaure ang tmemrame rorced in thes respecte schemas 5) The State GovtwUT Acministatcns ahal aubmt procosss for seeking fnuncal assistance trom CVCF (preferably ance a year afer comgtetion ofthe traci year) 38 Der Annexure H atactec s ©) The Emoowered Commitee shal normally meet once ie every quarter, of scones ‘Fequred, to assess end approve the proposals a recewad in Annexure Ht 8) UT Administrations shal route the: proposats through UT Devaien 9) Tee Empomeceé Commitioe ahs have the powar aed the Authonty ts approvarrjecinctan the proponaie 0 cue a proposal & sanctioned funds wil be transferred electronically fo the bank ‘accourt ofthe Slate wcsim compensation ind as mamtanved ener by te State Legal ‘Services Autrorty (SLBA) cr by the nada! department ofthe state Government 12) Usisation Certificate trom tne State Governmerts/UT Acmonistratons shal be furashes (an per ponisons of GFR 19(A) 10. Bank Account and Receipt of Contributions from the Public: 1%) The Central Victim Compensation Fund (CVC) wa be crested wth a) inal funding of Rs 200 awe to be provided by the Minty of Finance tough the Demand ter Grants of tte Mrsatry of Home Aas. Futhor, nding wouks bw Gone by Bo Mineby of Finance, eed wines. 1) Contioasions tom Corpotaies and Public shall ne received theough a single Bank ‘Account opened in the State Bark of lia, Central Secreta Branch, Kort Block, New ‘Detnt favouring “The Cantal Vict Compensation Fund (CVCE'). The Ranke Account ib operated portly by te Adrnit war of this Corpus Fund and the Chie! Cortroter (of Reema, Minar of Home Afiars 1) Omnetions ito the Corpus Fund of CVCF could be recnived fough one payments Wwough Net Barking, or by Oxbi¥Credt Cath or Cheque er Demand Oreft In euch cater, the Qonor shail reonive an automated, ctated wigned recuse for te State Bank of neta, Comat Secretariat Oranch, Nort Bock New Dein. 9) We mort ead be mde 10 cHrly Uline He tee axBeatle Whe CCF any lemparandy ee Bawwrce ray be invent! Kew Oevarts wih the State Bank cf cue wit the cr aprovel of the Empowered Comewtion Intareat eamed by the CCF would te ploughed back and use for theca tw obec11. Accounting anc Auiting 2 To enmire fans! accourtabity, eternal Aucit shat be carnec out by the Chit Conoter of Accounts, Minty of Finance (Orgartmect of Eganamic Affe) once 1 ‘evory six months. in acdtion, siatutory Auth sha be camed cx aarualy by a Independere Audtor from # Board of Aucors agpooted by the CAG. The reports an bvervasens wl be trough Io the notice of he Certral Goverment. >. The Chet Contrer of Aocounts, Ministry of Home Afscs, will maintan the accounts netting Receots anc Payments Accounes 12. Information and Webs Portal Information rating to a actvties of te Corpus Fund along wih the retovant FAQs wal bbe uploaded on the Web ste of the Mnixtry of Home Aflets and alsa by the StuteUT Governments, thee respective Web sites. The respective Mristry’Siate Governments wl! ‘arawer RT) or ether quenes relsted to the implementation arc uBtzation of funds made avait to them for the actives under this scheme, 18. Monitoring: ‘The CS Dison of te Uren Home Nensy acinestatvtyconcerred wah the Coma Fr shot montor the vaeaton ef fats received by the State GowUT Acmrstatone and hat prove a Chartnty Report to the Empowered Commiiee headed by te Adstiona Secretary (CS) 14 Amendment of Guidelines ‘Ator atuesseng te sxDerence of adminstanng the CVF. the Empowered Common may recommend wmendimentis} nthe gudelnas, as weed when fequred aubyect to approval of fe Union Mere Mitte| ee (2) Desh er Permanent Disabiay (0% or more) | faa 2 sks (©), Partial Dsabitty (60% to 80%) Re tan [Note : i ne victim is las than 14 years of age. the compensation shall be increased by ‘50% over the amount specified above.49 Anoesurest (Fite Number) Government of (States) Dated the to he dnt Secretary 3 (Owner Meany cf Homa At Goveer want of is Suojoct Requeat for reimbursement of fds trom Central Vici Compensation Fund to | Some Seton Kintiy fod erciowas herewith 9 proposal t sack fanout aseatance fom the CVCF to the victim comparaatin fund of frame of Stale UT} Cureg the trance’ { reer. we heve dinbursed emourt } 9 (rurtoer of vcSrm) The deta of amount clarred. snout pa ate i piven fe Pe {bie boiow, (Deeame of vices aceanes gwen i the enclosed sheet Accortrgly. the Mistry of Home Aft ‘mar lnety sanction _ Amount lk} tor CVCF to the State wos compensatn fund of {ram of State} Uksation certfcate fr the amour sanciened n te previous year {name ot Year) serciosec ‘Yours fash. (HOME SECRETARY) GOVERMENT OF (NAME OF STATEUT] Enel. As above[Par tr cing tenet comoenton en t ne Aromas Cores Wicks times