 bill no 27  of  2009 the persons affected by naxalite terrorism (relief and rehabilitation) bill, 2009 by shri baijayant panda, mp a billto provide for relief, compensation and rehabilitation measures through employment and other means for the persons affected by naxalites or maoist terrorism in various parts of the country and for matters connected therewith or incidental theretobe  it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the persons affected by naxalite terrorism (relief and rehabilitation) act, 2009short tilte, extent and commencement(2) it extends to the whole of indiadefinitions2 (1) in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;(ii) "dependant" means and includes spouse, minor children and parents; and5(iii) "prescribed" means prescribed by rules made under this act45 of 1860 2 of 1974 37 of 1967(2) words and expressions used and not defined in this act but defined in theindian penal code, 1860, the code of criminal procedure, 1973 and the unlawful activities (prevention) act, 1967 shall have the same meaning as assigned to them in the respective acts103 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall pay compensation to the victims of naxalite or maoist violence in the following manner:—(i) in case of loss of life,provision ofcompensationto the victimsor dependants of personskilled bynaxalites15(a) an ex gratia grant to the dependants which shall not be less than fivelakh rupees; and(b) financial assistance to the dependants at the rate of not less than twothousand rupees per month per dependantto be paid in such manner as may be prescribed;20(ii) in case of serious injury leading to incapacitation, medical treatment free ofcost till such period as is necessary for full recovery and payment of an ex gratiaamount which shall not be less than two lakh rupees;(iii) in case of damage to the dwelling unit as a result of torching or bombing,repair of the dwelling unit, if viable or construction of a new dwelling unit;25(iv) in case of loss of livestock, adequate compensation for such loss in theprescribed manner; and(v) in case of loss of  livelihood by damage or destruction of shops or kiosks orbusiness establishment, payment of such compensation as is necessary, in the opinion of the appropriate government, for rehabilitation30explanation: for the purpose of this act, naxalite or maoist violence means any act to strike terror in the people or any section of the people by using bombs, dynamite or other explosive substances or inflammable substances or weapons in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community by an activist or a group of activists belonging to naxalite or maoist organisation35miscellaneous provisions404 (1) the central government, as soon as may be, in consultation with the governmentsof the states affected by naxalite or maoist violence, shall formulate a national policy for naxalites who wish to shun violence and return to the mainstream of the nation for their rehabilitation through general amnesty and by providing them with employment, assistance for self employment or by any other means as the government may deem necessary to do so in the national interest(2) the appropriate government shall promote village level defence system throughteams of volunteers for the protection of their village from naxalite or maoist violence45(3) the appropriate government shall make arrangements for training of volunteersin self-defence and equip such volunteers with necessary weapons for protection of villages from naxalite or maoist violence from time to time in such manner as may be prescribed5 the central government shall provide, after due appropriation made by parliamentby law in this behalf, adequate funds to the states affected by naxalite or maoist violence for carrying out the purposes of this actcentral government to provide fundsact to have overriding effect6 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules57 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act10(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 reasonsmany parts of our country are in the grip of naxalite violence being spearheaded by disgruntled elements, mostly youth, who identify themselves with different names such as naxalites, peoples war group (pwg), maoists, leninist-maoist, etc the worst affected states are chhattisgarh, jharkhand and parts of andhra pradesh, orissa, maharashtra, bihar, uttar pradesh, madhya pradesh, west bengal, karnataka and tamil nadu the naxalites are killing hundreds of innocent people, policemen, personnel of paramilitary and armed forces, men, women and children frequently just to create panic and spread terror houses and shops are being torched or blown up even the thatched huts of the poorest of the poor are not being spared crops are being destroyed they kidnap innocent people for ransom they attack police stations to loot the weapons and kill the policemen they blow up vehicles with mines in naxalite affected areas, people do not venture out of their houses in the evening or night time they collect illegal taxes in many areas and run a parallel governmentdespite the fact that innocent people are killed or injured in naxalite violence, they are not compensated at all or only a meagre sum is given as compensation with much hassles similar is the case of persons who have lost houses, livestock, crops, business, etc in a democratic country like ours, it is the duty of the state to protect the life and property of its citizens and if the state fails to give the required protection, the affected persons and their dependants should be duly compensated by the statesimilarly, the disgruntled and misguided youth who join these outfits for variety of reasons should be brought back to the mainstream of the nation they should be given amnesty, employment opportunities and other incentives there should be a national policy for these naxalites who too are the citizens of this nationhence this billnew delhi;baijayant  pandajune 6, 2009 financial memorandumclause 3 of the bill provides for compensation to the victims or dependants of persons killed during attacks by naxalites or maoist terrorists clause 4 provides for rehabilitation, employment or other assistance to those naxalites who shun violence and join mainstream of the nation clause 5 provides that the central government shall provide funds to the state governments for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annumno non-recurring expenditure is likely to be involved memorandum  regarding  delegated  legislationclause 7 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is of normal character lok  sabha———— a billto provide for relief, compensation and rehabilitation measures through employment and other means for the persons affected by naxalites or maoist terrorism in various parts of the country and for matters connected therewith or incidental thereto————(shri baijayant panda, mp)gmgipmrnd—2294ls(s5)—26-06-2009