 bill no 9 of  2016 the victims of accident (equal compensation) bill, 2016 byshri gopal chinayya shetty, mpa billto provide  for equal compensation to victims of accidents by the government and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the victims of accident (equal compensation) act, 2016(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires,—(a) "accident" means an unexpected and undesirable incident resulting in injuryor death of a person during travel by road, railway or air or due to natural disasters, or terrorist or extremists activities or stampede;(b) "victim," means a person killed or injured in any accident; (c) "appropriate government" means in the case of a state, the government of that state and in all other cases the central government;5(d) "compensation" means financial assistance provided by the central government to the victim or his dependent;(e) "dependent" means the parents, spouse, children or siblings of the victim; (f) "fund" means the victims of accident compensation fund constituted under section 4;(g) "prescribed" means prescribed by rules made under this act; and10(h) "qualified medical practitioner" means any person declared by the central or state government, by notification in the official gazette, to be a qualified medical practitioner for the purposes of this act 3 (1) the central government shall after taking into consideration the loss or injury sustained, pay equal amount of compensation to every victimequal compensation to victims of accidents(2) the amount of compensation shall be as follows:—15(i) where death results from the accident, the dependents of the victim shall be paid rupees twenty lakh;(ii) where permanent disability results from the accident,  the victim shall be paid rupees ten lakh;20(iii) where temporary disability results from the accident, the victim shall be paid rupees four lakh; and(iv) where ordinary injury results from the accident, the victim shall be paid rupees one lakh (3) the nature of injury suffered by a victim shall be examined and reported by a qualified medical practitioner, in such manner as may be prescribed25(4) the compensation amount shall be disbursed to the victim or to his dependent within one week from the date of receipt of report of the qualified medical practitioner4 (1) the central government shall constitute a fund to be known as the victims of accident compensation fund for the purposes of this act30constitution of victims of accident compensation fund(2) the state governments shall  contribute to the fund in such proportion as may be prescribed(3) such other sums as may be received by way of donation or contribution both from domestic and international institutions shall also be credited to the fund(4) the fund shall be administered by a board to be known as the victims of accident compensation board, consisting of:—35(i) the prime minister—ex-officio chairperson;(ii) the chief ministers of every state and lieutenant governor or chief administrators of union territories; and(iii) ten retired judges of  high court to be appointed by the central government in such manner as may be prescribed405 the central government may require a state government to furnish such statistical and other information as may be necessary for implementation of the provisions of this act, in such form and within such period as may be prescribedstate government to furnish statistical information6 (1) the appropriate  government shall constitute a special team to effectively implement the provisions of this act within their jurisdictionconstitution of a special team by the a p p r o p r i a t e government5(2) the special team shall consist of ten members of which five shall be appointed by the central government and five by the appropriate government in such manner as may be prescribed(3) the special team shall—(i) visit the accident site and collect information relating to the victims; (ii) submit the accident related information to the victims of accident compensation board;10(iii) ensure that the victims receive the compensation within the time limitprescribed under this act; and(iv) undertake any other work  that may be assigned by the victims of accident compensation board157 the central government shall, after due appropriation made by parliamentby law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide adequate funds savings8 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt within this actpower to make rules9 (1) the central government may, be notification in the official gazette, make rules for carrying out the purposes of this act20 25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making and modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything  previously done under that rule statement of objects and reasonsthe constitution provides right to equality to every citizen as a fundamental rightthere is a provision for equality and non-discrimination before law under articles 14 to 16 and for social equality under articles 17 and 18 of the constitution the right to equality provided by the constitution provides that all persons within the territories of india should get equal protection under the law and should be treated equally in similar situations in case of accident financial assistance is provided as compensation to affected persons however in case of death of the accident affected person, the relatives of the deceased have to go to court for justice which is unfortunate thousands of suits are filed in courts for similar compensation in similar situations in may cases, courts have also given decisions to provide for equal amounts despite this, there is no clear policy of the government everything depends on the administrative decision now, the time has come to formulate a law providing for payment of fixed amounts as compensation to the next kin of deceased and to the injured in accidentshence this billdecember 22, 2015 financial memorandumclause 3 of the bill provides for equal compensation to accident affected personsclause 4 provides for constitution of a victims of accident compensation fund clause 7 provides that the central government shall provide adequate funds to carry out provisions of this act the bill, therefore, if anacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty five thousand crore per annum will be involveda non-recurring expenditure of rupees five thousand crore is also likely to be involved memorandum  regarding  delegated  legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for equal compensation to victims of accidents by the government and for matters connected therewith and incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—4120ls(s3)—12022016