P- 3 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
Part - 3 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
32. Monitoring and review by National Authority of performance of duties.- The National Authority shall observe, monitor and review the performance of duties by public servants in relation to the following:
(i) effectiveness of steps taken by public servant for prevention of offences of communal and targeted violence;
(ii) postings, transfer and replacement of any individual officers, administrative or police, from their jurisdictions of power and control that affect areas where outbreaks of communal and
targeted violence or possibilities thereof, are reported or anticipated;
(iii) recording of information where offences under this Act have been committed by public servants;
(iv) timely and effective investigation and prosecution of offences under this Act, including offences by public servants;
(v) provision of timely and adequate measures related to relief, rehabilitation, reparation and restitution of all persons entitled to such benefits under section 90 including those registered under section 98, in accordance with provisions of this Act.
33. Powers of the National Authority.- (1) The National Authority in the fulfillment of its objectives and in furtherance of its functions shall have the following powers, namely:-
(a) requisitioning information from the:
(i) Central government, any State government or concerned Union
Territory or any of their officers or departments; or
(ii) non-state actors;
(b) appointing any person to observe, gather facts and information,
inquire on its behalf;
(c) issue directions to State Authorities in relation to the conduct of any
inquiry.
Provided that any direction issued by the National Authority to any
State Authority shall be binding on the State Authority.
(2) The National Authority shall, while inquiring or investigating, have the
powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908,
in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses and
examining them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) any other matter which may be prescribed.
(3) The National Authority shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such matters as, in the opinion of the Authority, may be useful or relevant to, the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.
(4) The National Authority through any other Gazetted Officer specially authorized in this behalf by the National Authority may enter any building or place where the National Authority has reason to believe that any document relating to the subject matter of the inquiry or investigation may be found, and may enter and seize any such document or take extracts or copies there from subject to the provisions of section 100, Code of Criminal Procedure, 1973, in so far as it may be applicable.
(5) The National Authority shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code, 1860 is committed in the view or presence of the Authority, the Authority may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate or the esignated Judge as the case may be, having jurisdiction to try the same and the Magistrate or the Designated Judge to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346, Code of Criminal Procedure, 1973.
(6) Every proceeding in relation to an inquiry or investigation before the National Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
34. Investigation.- (1) The National Authority may, for the purpose of
conducting any investigation pertaining to the inquiry, utilize the services of
any officer or investigation agency of the Central Government or any State
Government with the concurrence of the Central Government or the State
Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the
inquiry, any officer or agency whose services are utilized under sub-section
(1) may, subject to the direction and control of the National Authority –
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The provision of section 42 shall apply in relation to any statement made
by a person before any officer or agency whose services are utilized under
sub-section (1) as they apply in relation to any statement made by a person
in the course of giving evidence before the National Authority.
(4) The officer or agency whose services are utilized under sub-section (1)
shall investigate into any matter pertaining to the inquiry and submit a
report thereon to the National Authority within such period as may be
specified by the National Authority in this behalf.
(5) The National Authority shall satisfy itself about the correctness of the
facts stated and the conclusion, if any, arrived at in the report submitted to it
under sub-section (4) and for this purpose the National Authority may make
such inquiry (including the examination of the person or persons who
conducted or assisted in the investigation) as it thinks fit.
35. Inquiry into complaints.- The National Authority while inquiring into the
complaints of offences under this Act may –
(i) Call for information or report from the Central Government or any State Government or any other authority or organisation subordinate thereto within such time as may be specified by it: Provided that –
(a) If the information or report is not received within the time
stipulated by the National Authority, it may proceed to inquire
into the complaint on its own;
(b) If, on receipt of information or report, the National Authority is
satisfied either that no further inquiry is required or that the
required action has been initiated or taken by the concerned
Government or authority, it may not proceed with the complaint
and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers
necessary, having regard to the nature of the complaint, initiate an
inquiry.
36. Steps after inquiry.- The National Authority may take any of the following
steps upon the completion of an inquiry held under this Act, namely,
(1) where the inquiry discloses violations of the provisions of this Act or
negligence in the prevention of communal and targeted violence by a public
servant, it may recommend to the concerned Government or authority the
initiation of proceedings for prosecution or such other action as the National
Authority may deem fit against the concerned person or persons;
(2) approach the Supreme Court or the High Court concerned for such
directions, orders or writs as that Court may deem necessary;
(3) the National Authority shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned government or authority shall, within a period of one month, or such further time as the National Authority may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the National Authority;
(4) The National Authority shall publish its inquiry report together with the comments of the concerned government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the National Authority.
37. Copy of inquiry report to be given to complainant.- It shall be the duty of
the National Authority to provide a copy of the inquiry report under sub-section (3) of section 36 to the complainant or his or her representative.
38. Procedure with respect to armed forces.- (l) Notwithstanding anything
contained in this Act, while dealing with complaints of offences under this
act by members of the armed forces, the National Authority shall adopt the
following procedures, namely:
(a) it may, either on its own motion or on receipt of a petition, seek a
report from the Central Government;
(b) after the receipt of the report, it may, either not proceed with the
complaint or, as the case may be, make its recommendations to that
government.
(2) The Central Government shall inform the National Authority of the
action taken on the recommendations within three months or such further
time as the National Authority may allow.
(3) The National Authority shall publish its report together with its
recommendations made to the Central Government and the Action taken by
the Government on such recommendations.
(4) The National Authority shall provide a copy of the report published
under sub-section (3) to the complainant or his or her representative.
39. Duty to respond to advisories or recommendations of the National
Authority.- It shall be the duty of the Central government, the State
Government and public servant at all levels, to take appropriate action on all
advisories and recommendations issued to them by the National Authority
under clause (d) of section 31 and submit an Action Taken Report within
thirty days.
Provided that in the event of any disagreement with the advisories
or recommendations of the National Authority, the appropriate government
or the public servant shall give reasons in writing to the National Authority
within seven days of the receipt of the advisory or recommendation.
40. Identity of victim and informant to be protected.- The National Authority
shall take appropriate action to protect the identity of the victim or
informant at all times.
41. Statutory Information.- (1) It shall be the duty of any District Magistrate or
Police Commissioner having knowledge or information of patterns and
incidents of outbreaks of communal and targeted violence or anticipating
any of these, to report to the National Authority in writing without any
delay.
(2). All reports received by the Ministry of Home Affairs, the Home
Departments of all State Governments, and District Magistrates relating to
communal and targeted violence, build-up and possibilities thereof and
advisories related therein shall be sent to the National Authority without
any delay.
42. Statements made by persons to the National Authority.- No statement
made by a person in the course of giving evidence before the National
Authority, shall subject him or her to, or be used against him or her in, any
civil or criminal proceedings;
Provided that the statement –
(i) is made in reply to the question which he or she is required
by the National Authority to answer; or
(ii) is relevant to the subject matter of the inquiry.
43. Annual Report.- (1) The National Authority shall prepare an Annual Report
giving details of:
(a) all specific advisories and recommendations issued by the National
Authority under this Act.
(b) details of compliance or non-compliance with the advisories, and
recommendations of the National Authority, by the Central or State
Government along with reasons for the same.
(c) details of any other guideline, programme, activity performed by the
National Authority during the year.
(2) The Annual Report shall be tabled in the Parliament in the monsoon
session of each calendar year.
(3) The Annual Report shall be placed on the website of the National
Authority not later than seven days prior to the monsoon session of the
Parliament in which it is to be tabled
CHAPTER V
STATE AUTHORITIES FOR COMMUNAL HARMONY, JUSTICE AND REPARATION
44. Constitution of State Authorities for Communal Harmony, Justice and
Reparation.- (1) Each State Government shall constitute a body to be
known as the ……………. (name of State) State Authority for Communal
Harmony, Justice and Reparation, to exercise the powers conferred upon,
and to perform the functions assigned to a State Authority under this Act.
(2) The State Authority shall be a body corporate with the name aforesaid
having perpetual succession and a common seal with the power, subject to
the provisions of this Act to acquire, hold and dispose of property and to
contract, and may, by the aforesaid name, sue or be sued.
(3) The State Authority shall, with effect from such date as the State
Government may by notification specify, consist of a Chairperson, a Vice-Chair-person and five other Members.
Provided that, at all times, not less than four Members, including the
Chairperson and Vice-Chairperson, shall belong to a group as defined under
this Act.
Provided further that, at all times, there shall be -
1. one Member belonging to Scheduled Castes or Scheduled Tribes;
2. four women, whether Chairperson, Vice-Chairperson or Member;
Provided further that, at all times, not more than two Members,
including the Chairperson and Vice-Chairperson, shall be retired public
servants.
(4) There shall be a Secretary, who shall be an officer of the rank of the
Secretary to the Government of the State, appointed in consultation with the
Chairperson, Vice-Chairperson and Members of the State Authority, who
shall be the Chief Executive Officer and shall exercise such powers and
discharge such functions of the State Authority as it may delegate to him or
her.
(5) The headquarters of the State Authority shall be at such place as the
State Government may, by notification, specify.
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Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 – Part 1
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