 bill no 134 2016 the victims of riots and communal violence (equal compensation) bill, 2016 by shri ramesh bidhuri, mp a billto provide for equal compensation to victims of riots and communal violence by the central government and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—compensation) act, 2016short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "communal violences" means an unexpected and undesirable incident creating internal disturbance within any part of the state which threatens the secular fabric, unity, integrity or internal security of the country;(c) "compensation" means financial assistance provided by the central government to the victim or his dependent;(d) "dependent" means the parents, spouse, children or siblings of a victim;10(e) "fund" means the victims of riots and communal violence compensation fund constituted under section 4;(f) "prescribed" means prescribed by rules made under this act;15(g) "qualified medical practitioner" means any person declared by the appropriate government, by notification in the official gazette, to be qualified medical practitioner for the purpose of this act(h) "riot" means an unexpected and undesirable incident resulting in injury or death of a person belonging to a specific religious group during the extremists activities; and(i) "victim" means a person killed or injured during riots or communal violence203 (1) notwithstanding anything contained in any other law for the time being in force, the central government shall, after taking into consideration the loss or injury sustained, pay equal amount of compensation to the victims or their dependant in such manner as may be prescribedequal compensation to victims of riots and communal violence(2) without generality of the foregoing provision, the payment of compensation shall be as follows:—25(a) in case of death due to riots or communal violence, an ex-gratia payment to the dependents of victims, which shall not be less than rupees twenty lakh;(b) in case of permanent disability resulting from riots or communal violence, an ex-gratia payment to every victim, which shall not be less than rupees ten lakh;30(c) in case of temporary disability resulting from riots or communal violence, an ex-gratia payment to every victim, which shall not be less than rupees five lakh; and(d) in case of ordinary injury resulting from riot or communal violence, ex-gratia payment to every victim, which shall not be less than rupees one lakh35(3) the nature and quantum of injury suffered by a victim shall be examined and reported by a qualified medical practitioner in such manner as may be prescribed(4) the payment of compensation under sub-section (2) shall be disbursed in such manner, as may be prescribed, to every victim or his dependent, as the case may be, within two weeks from the date of receipt of report of the qualified medical practitioner404 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the victims of riots and communal violence compensation fund for carrying out the purpose of this act(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedconstitution of victims of riots and communal violence compensation fund(3) such other sums as may be received by way of donations or contributions 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 riots and communal violence compensation board, consisting of—5(i) the prime minister-chairperson ex-officio; (ii) the chief minister of every state and lieutenant governor or chiefadministrator of union territories; and(iii) ten retired judges of high courts to be appointed by the central governmentin such manner as may be prescribed105 (1) the appropriate government shall constitute a task force to implement theprovisions of this act within their jurisdictionconstitution of task force by the appropriate government(2) the task force shall consist of ten members to be appointed by the appropriate government in such manner as may be prescribed15(3) the salary and allowances payable to and other terms and conditions of service of members of the task force shall be such as may be prescribed(4) the task force shall—(i) visit the riots and communal violence site and collect information relating to the victims;20(ii) submit the incident related information to the victims of riots and communalviolence compensation board;(iii) ensure that the victims receive the compensation within time limit prescribedunder this act; and(iv) undertake any other work that may be assigned to it by the victims of riotsand communal violence compensation board256 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the state governments for carrying out the purpose of this actcentral government to provide adequate funds7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other laws30power to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(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 any 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 rightunder articles 14 to 16, there is provision for equality and non-discrimination and for social equality under articles 17 and 18 of the constitution the right to equality provides that all the citizens of india should get equal protection under the law and should be treated equally in similar situations in case of riots and communal violence, financial assistance is provided as compensation to affected persons in most of the situations, these victims have to knock the doors of court for equal compensation which is unfortunate there is no clear policy aimed at providing equal compensation to all victims affected by riots or communal violence everything depends upon administrative decisions, which took long time and usually results into no compensation to the victims or his/her dependents now, the time has come to formulate a law providing payments of fixed amount as compensation to the next kin of deceased and to the injured in riots and communal clasheshence this bill financial memorandumclause 3 of the bill provides for payment of compensation to victims of riots and communal violence clause 4 provides for constitution of victims of riots and communal violence compensation fund clause 5 provides that the appropriate government shall constitute task force for carrying out the purposes of this act clause 6 provides that the central government shall provide adequate funds to the state governments for carry out the provisions of this act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a   recurring expenditure of rupees one thousand crore per annum will be involved out of consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 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 of a normal character———— a billto provide for equal compensation to victims of riots and communal violence by the central government and for matters connected therewith or incidental thereto————(shri ramesh bidhuri, mp)gmgipmrnd—253ls(s3)—04-05-2016