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JAMIA MILLIA ISLAMIA - · PDF fileJAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-4 ... (No. 1OF 2014) Promulgated

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    JAMIA MILLIA ISLAMIA Tol : 26984075. 2698804-426985176. 26981717Fa::269I0229Grama:JAMlABmail: [email protected] :

    (A Ccmral UniVCDlty by an Act of Parliament)Mau1ana Mohammed All lauhar Marg. New Delhi-I 10025

    Office of the Registrar

    F.No. IL&O/ROIJMI/2014 November 17,2014

    Subject: The Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Amendment Ordinance, 2014 - regarding.


    I am directed to enclose herewith a copy of Gazatte Notification No.7dated 04.03.2014 on the subject mentioned above for information andrecords.

    )'~s sincerely,V.-tt- e- ',>

    (S. Viqar u n Zaidi)Asstt. Registrar (L&O)

    Encl: As stated

    Copy for information to:-1. All Deans of Faculties/DSWlHoDs/Directors/Hony. Directors of the

    Centres, JMI2. The Controller of Examinations, JMI3. The Hony. Advisor, FTK Centre for Information Technology, JMI -

    With the request to display on Jamia's Website.4. The Additional Director, FTK Centre for Information Technology, JMI5. The Finance Officer, JMI6. The Dy. Registrar (HRD), JMI7. The Asstt. Registrar (Establishment), JMI8. The Development Officer, JMT9. The O.S.D. (Admn.), JMI10. The Media Co-ordinator, JMI11. The Hindi Officer, JMI - With the request to pursue uploading on

    University's website and updating the amendment in the relevantOrdinance.

    12. The Secretary to the Vice-Chancellor, JMT13. The Asstt. Registrar (Legal & Ord.), JMI14. The Asstt. Registrar (A&C), JMlIS. The Asstt. Registrar, Registrar's Secretariat, JMI16. File IFolder

  • ' ..~'...:.....' .'.' ..v .. _.. ~.. , .... - . .-_., ., F: No 7~112014~SC/ST"-'"

    Government of IndiaMinistry of Human Resource Development

    Department of Higher Education

    Shastri Bha an, New Delhir Dated the 2 th March, 2014


    Subject: The. ~c?eduled Castes and. th~ Scheduled Tribes tevention of. Atrocities) Amendment Ordinance, 2014-reg.

    " '. . .' . .

    A copy of the Scheduled Castes and the Scheduled TribesJ

    revention ofAtrocities) Amendment Ordinance, 2014 as notified in the G ette of India,Extraordinary on 04.03.2014 received from Ministry of Sodia! Justice &Empowerment is circulated for appropriate action.

    . . .

    2. The objective of amendments in the Scheduled Castes and the ScheduledTribes (prevention of Atrocities) {PgA} Act, 1989 made by the aforesaid

    .Ordinance is to deliver members-of Scheduled Castes and SdI duled Tribes,gre~ter .justice and ~ enhanc~d deterre~t to the off~nders. The '.offence ~ders~ct1on 3(1) (za)(D) of the Ordinance, .whi~h attract~ st1pulat~d pwfshment, mter-alia, rtlates to 06stmctmg or preventing a member of a Schedultd Caste or .aSc~dule&Tribe!n any manne~ with regard to entering any educa~o; a! institution. -

    I "End.: As above

    (Afiil Grorola)Under Secretary to th Govt. of India

    Tel. No. 23388030

    The Vice-Chancellor,Jamia Millia Islamia, Jamia Nagar,New Delhi - 110 025.

    : 4S--J Le--1l,LJ'yfj;f+t,)LJ-}

    /'" J, '... 0~~ t.-J~

    1(lfWfA 4G

  • ~ ~o ~o ~"--(v;r)04/0007/2003-14 REGISTERED NO, DL-(N)04/0007/200J-14I



    '1PT n- ~ 1PART U - SectRm 1

    ~Tcm~ ~""Iflld


    ~ 7) "1l~; Q4lt'1tC,I

  • Short ti.le andcommencement.

    Amendment oflong title,

    Amendment ofsection 2.


    Now, 'THEREFORE, in exercise of the powers conferred by clause (i)of article 123 of the Constitution, the President is pleased topromulgate the following Ordinance:-

    I.' (1) This Ordinance may be called the Scheduled Castes and theScheduled Tribes (Prevention of Atrocities) Amendment Ordinance,2014.

    (2) It shall come into force at once.

    ~. In the Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989 (hereinafter referred to as the principal Act), inthe long title, for the words "Special Courts't.. the words "SpecialCourts and the Exclusive Special Courts" shall be substituted.

    33 of 1989.

    3~In section 2 of the principal Act, in sub-section (1),-

    (i) after clause (b), the following clauses shall be inserted,namely--

    "(bb) "dependent" means the spouse, children, parents. brotherand sister of the victim, who ace dependent wholly or mainly onsuch victim for his support and maintenance;

    (be) "economic boycott" means-

    {i) a refusal to deal with, work for hire or do businesswith other person; or

    (ii) to deny opportunities including access to services orcontractual opportunities for rendering service forconsideration; or

    (iii) to refuse to do anything on the terms on whichthings would be commonly done in the ordinary course ofbusiness; or

    (iv) to abstain from the professional or businessrelations that one would maintain with other person;

    (bd) "Exclusive Special Court" means the Exclusive Special Courtestablished under sub-section (1) of section 14 exclusively to try theoffences under this Ordinance;

    (be) "forest rights" shall have the meaning assigned to it in sub-section (1) of section 3 of the 'Scheduled Tribes and Other

  • :> of 2007.


    45 of 1860.

    45 of 1860.18ofl872.2 of 1974.


    Traditionai Forest Dwellers (Recognition of forest Rights) Act.2006; ,

    (bf) "manual scavenger" shall have the meaning assigned to itin clause (g) of sub-section (1) of section 2 of the Prohibition ofEmployment as Manual Scavengers and their Rehabilitation Act,2013;

    , .(bg) "public servant" means a public servant as defi ed undersection 21 of the Indian Penal Code, as well as any ot er persondeemed to be a public servant under any other law fo the timebeing in force and includes any ,person acting in h IS officialcapacity under the Central Government or the State Government,as the case may be;';

    (ii) after clause (e), the following clauses shall be inserted, amely:-

    '(ea) "Schedule" means the Schedule appende to thisOrdinance;

    (eb) "social boycott" means a refusal to permit a Person torender to other person or receive from him any custom~ serviceor to abstain from social relations that one would maintain withother person or to isolate him from others;

    (ec) "victim" means any individual who falls within thedefinition of the 'Scheduled Caste and Scheduled Tri~e' underclause (c) of sub-section (1) of section 2, and who has suffered orexperienced physical, mental, psychological, emotional ormonetary harm or harm to his property as a result of thecommission of any offence under this Ordinance and includes hisrelatives, legal guardian and legal heirs;

    (ed) "witness" means any person who is acquainted with thefacts and circumstances, or is in possession of any information C?rhas knowledge necessary for the purpose of investigation inquiryor trial of any crime involving an offence under this Or ir.ance,and who is or may be required to give information orimake astatement or produce any document during investigation, inquiryor trial of such case and includes a victim of such offence;';

    (iii) for clause (f), the following clause shall be substituted, name.yi-

    "(f) the words and expressions used but not defined in thisOrdinance and defined in the Indian Penal Code, the IndianEvidence Act, 1872 or the Code of Criminal Procedure, 1973, as

  • Amendment ofsection 3.


    the case may be, shall be deemed to have the meaningsrespectively assigned to them in those enactments.".

    . In section 3 of the principal Act,-

    (i) for silo-section (I), the following sub-section shall besubstituted, namely-

    ;(1) Whoever, not being a member of a Scheduled Caste ora Scheduled Tribe,-

    (a) puts any inedible or obnoxious substance into themouth of a member of a Scheduled Caste or a ScheduledTribe or forces such member to drink or eat such inedibleor obnoxious substance;

    (b) dumps excreta, sewage, carcasses or any otherobnoxious substance in premises, or at the entrance of thepremises, occupied by a member of a Scheduled Caste er aScheduled Tribe;

    (c) with intent to cause injury, insult or annoyance toany member of a Scheduled Caste 'Of a Scheduled Tribe,dumps excreta, waste matter, carcasses or any otherobnoxious substance in his neighborbood;

    (d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a ScheduledTribe;

    (e) forcibly commits on a member of a Scheduled Casteor a Scheduled Tribe any act, such as removing clothesfrom the person, forcible tonsuring of head, removingmoustaches, painting face or body or any other similar act,which is derogatory to human dignity;

    (f) wrongfully occupies or cultivates any land, ownedby, or in the possession of or allotted to, or notified by anycompetent authority to be allotted to, a member. of aScheduled Caste or a Scheduled Tribe., or gets such landtransferred;

    (g) wrongfully dispossesses a m:ember of a ScheduledCaste or a Scheduled Tribe from his land or premises orinterferes with the enjoyment of his rights, including forestrights, over any land or premises or water or irrigation


    facilities or destroys the crops or rakes away the producetherefrom.

    Explanation.-For the purposes of clause (f) and this clause,the expression "wrongfully" includes '-

    CA) against the person's will;(B) without the person's consent;(C) with the person's consent, where such consent as been

    obtained by putting the person, or any other person iq whomthe person is interested in fear of death or of hurt; or

    '(D) fabricating records of such land;