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APPENDIX B: The Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989

No. 33 of 1989

[11th September, 1989]

An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement-

2. Definitions-

(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is, not in force, be construed as a reference to the corresponding law, if any, in force in that area.

CHAPTER II
OFFENCES OF ATROCITIES

3. Punishments for offences of atrocities-

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

4. Punishment for neglect of duties-

Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

5. Enhanced punishment for subsequent conviction-

Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

6. Application of certain provisions of the Indian Penal Code-

Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter V-A, section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.

7. Forfeiture of property of certain persons-

8. Presumption as to offences-

9. Conferment of powers-

(2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder.

(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1).

CHAPTER III
EXTERNMENT

10. Removal of person likely to commit offence-

11. Procedure on failure of person to remove himself from area and enter thereon after removal-

(2) The Special Court may, by order in writing, permit any person in respect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.

(3) The Special Court may at any time revoke any such permission.

(4) Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed and at the expiry of the temporary period for which he was permitted to return or on the revocation of such permission before the expiry of such temporary period shall remove himself outside such area and shall not return thereto within the unexpired portion specified under Section 10 without a fresh permission.

(5) If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.

12. Taking measurements and photographs, etc. of persons against whom order under section 10 is made-

13. Penalty for non-compliance of order under section 10-

CHAPTER IV
SPECIAL COURTS

14. Special Court-

15. Special Public Prosecutor-

CHAPTER V
MISCELLANEOUS

16. Power of State Government to impose collective fine-

17. Preventive action to be taken by the law and order machinery-

18. Section 438 of the Code not to apply to persons committing an offence under the Act-

19. Section 360 of the Code and the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act-

20. Act to override other laws-

21. Duty of Government to ensure effective implementation of the Act-

(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-Section (1).

(4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this Section.

22. Protection of action taken in good faith-

23. Power to make rules-

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