By Haryananewswire
|
CHANDIGARH, APRIL 22
The Haryana Home Department has notified
Haryana Victim Compensation Scheme, 2013 to provide funds for
compensation to the victim or his or her dependents who have
suffered loss or injury as a result of the crime and who require
rehabilitation.
While
stating this here today, an official spokesman said that a fund namely
Victim Compensation Fund would be set up and it would consist of budgetary
allocation for which necessary provision would be made in the annual budget by
the state; receipt of amount of fines imposed under section 357 of the Act and
ordered to be deposited by the courts in the Fund; amount of compensation
recovered from the wrongdoer or accused under clause 7 of the scheme and
donations or contributions from the international National Philanthropist or
charitable institution or organization and individuals.
He
said that the Administration of Justice Department would be nodal Department
for regulating, administering and monitoring this scheme. The State Legal
Services Authority would be accountable for its function under the scheme and
for furnishing periodical returns of the sums distributed to them by the State
Government through the Nodal Department. The fund would be operated by the
Member Secretary, State Legal Services Authority, he added.
He
said that a victim would be eligible for the grant of compensation where a
recommendation is made by the State Government under sub sections (2) and (3)
of section 357-A of the Act or the offender is not traced or identified, but
the victim is identified, and where no trail takes place. Such victim may also
apply grant of compensation under sub-section (4) of section 357-A of the Act.
Also, if the victim or claimant report the crime to the officer-in-charge of
the police station or any senior police officer or Executive Magistrate or
Judicial Magistrate of the area within 48 hours of the occurrence, provided
that the District Legal Service Authority, if satisfied, for the reasons to be
recorded in writing, may condone the delay in reporting. If the offender is
traced or identified, and where trial has taken place, the victim or claimant
has cooperated with the police and prosecution during the investigation and
trial of the case. The income of the family should not exceed Rs 4.5 lakh per
annum and the crime on account of which the compensation which is to be paid
under this scheme have been occurred within the jurisdiction of Haryana.
The employees of Central or State Government,
Boards, Corporations and Public Undertakings and income tax payers would not be
eligible under this scheme, he added.
He
said that whenever a recommendation is made by the court under sub-section (2)
of section 357-A of the Act or an application is made by any victim of his
dependent under sub-section (4) of section 357-A of the Act to the District
Legal Service Authority, it would examine the case and verify the contents of
the claim with regard to the loss or injury caused to the victim and arising
out of the reported criminal activity and may call for any other relevant
information necessary in order to determine genuineness of the claim. After
verifying the claim and by conducting due enquiry, the District Legal Service
Authority would award compensation within two months, in accordance with
provisions of this scheme. He said that the compensation under this scheme
would be paid subject to the condition that if the trial court while passing
judgment at later date, orders the accused persons to pay any amount by way of
compensation under sub-section (3) of section 357 of the Act, the
victim-claimant would remit an amount equal to the amount of compensation, or
the amount ordered to be paid under the said sub-section (3) of section 357 of
the Act, whichever is less. An undertaking to this effect would be given by the
victim-claimant before the disbursal of the compensation amount.
He
said that the District Legal Service Authority would decide the quantum of
compensation to be awarded to the victim or his dependents on the basis of loss
caused to the victim, medical expenses to be incurred on treatment, minimum
sustenance amount required for rehabilitation including such incidental charges
as funeral expenses. The compensation may vary from case to case depending on
fact of each case. The amount of compensation decided under the scheme would be
disbursed to the victim or his dependents, as the case may be, from the Fund.
While making payment of amount of compensation, the District Legal Services
Authority would ensure that all the provisions of this scheme are strictly
compiled with. Compensation received by the victim from the State in relation
to the crime in question, namely, insurance, ex-gratia or payment received
under any other Act or ‘Rajiv Gandhi Pariwar Bima Yojna’ or any other
State-run-scheme, would be considered as part of the compensation amount under
this scheme. The victim or claimant who has received compensation amount from
collateral sources mentioned would be deemed to be compensated under this
scheme and shall not be entitled to separate compensation under this scheme. If
the eligible compensation amount exceeds the payments received by the victim
from collateral sources mentioned, the balance amount would be paid out of the
Fund. He said that the cases covered under Motor Vehicle Act, 1988 (59 of 1988)
wherein compensation is to be awarded by the Motor Accident Claims Tribunal,
would not be covered under the scheme. The District Legal Services Authority,
to alleviate the suffering of the victim, may order for immediate first aid
facility or medical benefits to be made available free of cost on the
certificate of the police officer not below the rank of the officer-in-charge
of the police station or Magistrate of the area concerned, or any other interim
relief, as it may deem fit, he added.
He
said that the copy of the order of compensation passed under this scheme would
be mandatorily placed on record of the trial court to enable the court to pass
order of compensation under sub-section (3) of section 357 of the Act.
The
District Legal Services Authority, if deem it proper, may institute proceedings
before the competent court of law for recovery of the compensation granted to
the victim or his or her dependents from the person responsible for causing
loss or injury as a result of the crime committed by him, he added.
He
said that no claim made by the victim or his dependents under sub-section (4)
of section 357-A of the Act would be entertained after a period of six months
of the crime, provided that the District Legal Service Authority, if satisfied,
for the reasons to be recorded in writing, may condone the delay in filing the
claim. Any victim aggrieved of the denial of compensation by the District Legal
Service Authority may file an appeal before the State Legal Service Authority
within a period of ninety days, provided that the State Legal Service
Authority, if satisfied, for the reasons to be recorded in writing, may condone
the delay in filing the appeal, he added.
He
said that in case of loss of life, a sum of Rs three lakh would be given under
this scheme, if the victim is of 40 years of age or below, Rs two lakh if
the victim is between 40 years and 60 years of age and Rs one lakh if victim is
above 60 years of age. Similarly, in case of loss of any limb or part of body
(80 per cent) including loss due to acid attack, Rs two lakh if victim is of 40
years of age or below, Rs one lakh if the victim is between 40 years and 60
years of age and Rs 50,000 if victim is above 60 years of age. He said that in
case of loss of any limb or part of body (50 per cent) including loss due to acid
attack, Rs one lakh will be given if the victim is of 40 years of age or
below. A sum of Rs 50,000 will be given if the victim is between 40 years and
60 years of age and Rs 25,000 if victim is above 60 years of age. A
compensation of Rs three lakh would be provided in case of rape. In case of
loss or injury causing severe mental agony to women and child victims in cases
like human trafficking, kidnapping and molestation, a compensation of Rs 50,000
would be provided. Funeral expenses of Rs 2000 and actual medical expenses
incurred before death or on account of injury supported by bills or
vouchers, but not exceeding Rs 15,000 would be payable in addition to
compensation outlined, he added.
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