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  "title": "PUNJAB CIVILIAN VICTIMS OF TERRORISM (RELIEF AND REHABILITATION) ACT 2016",
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  "text": "THE PUNJAB CIVILIAN VICTIMS OF TERRORISM (RELIEF \r\nAND REHABILITATION) ACT 2016 \r\n(XXXIX of 2016) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Right of civilian victims \r\n4. Civilian Victims Fund \r\n5. Ascertainment of a civilian victim \r\n6. Healthcare of civilian victims \r\n7. Rehabilitation of civilian victims \r\n8. Mode of payments \r\n9. Safeguard against discrimination \r\n10. Appeal \r\n11. Fake or fraudulent payments \r\n12. Assistance \r\n13. Performance audit \r\n14. Act not in derogation of other laws \r\n15. No legal liability \r\n16. Training \r\n17. Annual report \r\n18. Rules \r\n19. Repeal \r\nSCHEDULE \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB CIVILIAN VICTIMS OF TERRORISM (RELIEF AND \r\nREHABILITATION) ACT 2016  \r\n(XXXIX of 2016) \r\n[2nd September 2016] \r\nAn \r\nAct \r\nto provide for the institutionalized response to redress the hardship faced by the \r\ncivilian victims and their families owing to an act of terrorism. \r\nIt is necessary to provide for timely recognition and assistance for civilian \r\nvictims of acts of terrorism; recogniz ing the right of civilian victims to receive state \r\nassistance for relief , healthcare and rehabilitation; arrang ing for adequate funds for \r\nsuch assistance; establishing an effective mechanism to track, investigate and \r\nanalyze harm to civilians in acts of terrorism; and, for other purposes. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Civilian Victims of Terrorism (Relief and Rehabilitation) Act 2016. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “civilian victim” means a person, not being a terrorist or a personnel of \r\na law enforcement agency on duty, who suffers harm in body, mind or \r\nproperty owing to any act of terrorism and, in the event of death of the \r\nperson, in cludes the spouse of the victim or, in absence of a spouse \r\nbut in order of precedence, a child, mother, father, minor sibling or \r\nother legal heirs of the victim;  \r\n(b) “Commissioner” means the Commissioner of a Division; \r\n(c) “family member ” means spouse, de pendent child, dependent parent \r\nand a dependent sibling;  \r\n(d) “Government” means Government of the Punjab; \r\n(e) “healthcare” includes diagnosis and treatment of an illness or  trauma; \r\n(f) “law enforcement agency” means, police or any other law enforcement \r\nagency notified by the Government; \r\n(g) “notified officer” means the principal administrative officer of a district or \r\nany other person in the service of Pakistan notified by the Government \r\nunder the Act; \r\n(h) “prescribed” means prescribed by the rules made under the Act; \r\n                                                 \r\n1This Act was passed by the Provincial Assembly of the Punjab on 29 August 2016; assented to by the Governor of the Punjab \r\non 01 September 2016; and, was published in the Punjab Gazette (Extraordinary), dated: 02 September 2016, pp. 1505-1509. \r\n(i) “Schedule” means the Schedule appended to the Act; \r\n(j) “terrorism” means an unlawful act using any explosive, weapon or any \r\nother means of force or show of force by a terrorist against a person or \r\nproperty to intimidate or coerce public, a section of public, the \r\nGovernment, Federal Government or any agency or authority of a \r\nGovernment in furtherance of political, sectarian, religious, ethnic or \r\nsocial objectives and includes a suicide attack, sectarian violence and \r\nan armed conflict betwee n a terrorist and a law enforcement agency; \r\nand \r\n(k) “terrorist” means a person who has committed, attempts to commit or is \r\naccused of the commission of terrorism. \r\n3. Right of civilian victims .– (1) Notwithstanding anything contained in any \r\nother law, a civ ilian victim shall be entitled to the grant specified in the Schedule for \r\nthe harm caused to body, mind or property owing to an act of terrorism. \r\n(2) The Government may, by notification in the official Gazette, amend the \r\nSchedule to increase the amount of grant or add any other category of harm and fix \r\nthe amount of grant for such harm.  \r\n4. Civilian Victims Fund.– The Government shall, by notification  in the official \r\nGazette, establish the Civilian Victims Fund, with a dedicated head of account , for \r\ntimely payment of grants and other benefit to the civilian victims under the Act. \r\n5. Ascertainment of a civilian victim .– (1) The notified officer shall, within \r\nreasonable time, preferably within thirty days of a n act of terrorism, communicate to \r\nthe Government the details of the act of terrorism and those of the civilian victims. \r\n(2) The details of the act of terrorism may include: \r\n(a) the time, date, place and nature of the act of terrorism; \r\n(b) the device or devices  used in the act of terrorism, such as bomb, \r\nexplosive or inflammable substance, firearm or any other device;  \r\n(c) a statement, if possible,  about the terrorist or terrorists involved in the \r\nact of terrorism and the aim of the act of terrorism; \r\n(d) the name and details of the civilian victim; \r\n(e) the nature of injuries as determined by Surgeon Medicolegal Punjab or \r\nthe Standing Medical Board in the Punjab; \r\n(f) the nature and details of harm caused to the  property of the civilian \r\nvictim; \r\n(g) the name with details of the spouse and other family members of the \r\ncivilian victim; \r\n(h) the entitlement of the civilian victim to  the payment of grant under \r\nsection 3; \r\n(i) additional or monthly grant which may be paid to a civilian victim with \r\nreasons for such recommendation; and \r\n(j) reports of a law enforcement age ncy, Health, Building and Livestock \r\ndepartments. \r\n(3) The Government shall, within fifteen days from the receipt of \r\ncommunication from the notified officer and under intimation to the notified officer, \r\ntransfer the requisite grant payable to the civilian victim in prescribed manner.  \r\n6. Healthcare of civilian victims .– (1) The notified officer shall  ensure \r\nimmediate free medical treatment of a civilian victim from a hospital, owned or \r\ncontrolled by the Government, local authority or any entity or agency of t he \r\nGovernment. \r\n(2) In case of non-availability of the treatment in a health facility mentioned \r\nin subsection (1), the hospital may refer the case to a private medical facility as per \r\nprevalent rules in this regard. \r\n7. Rehabilitation of civilian victims .– (1) In addition to the medical treatment \r\nand payment of grant to the civilian victim, the notified officer may, for reasons to be \r\nrecorded in writing, recommend measures to the Government for rehabilitation of the \r\ncivilian victim. \r\n(2) The measures under subsection (1) may include: \r\n(a) monthly grants to the civilian victim for a specified period; \r\n(b) education or vocational training of the civilian victim or his family \r\nmembers at Government’s expense; and  \r\n(c) continued healthcare of the civilian victim and his family members. \r\n(3) If the Government receives any recommendation under this section, it \r\nmay, wholly or partially, accept the recommendation of the notified officer  or reject it, \r\nwith reasons recorded and communicated in writing. \r\n(4) The Government  may, on its own  motion, in the prescribed manner, \r\ndirect the notified officer to undertake a scheme for the rehabilitation of a class of \r\ncivilian victims and their family members with special emphasis on education of \r\ndependent children, provision of livelihood to the civilian victims and their family \r\nmembers and of continued healthcare. \r\n8. Mode of payment s.– (1) The Government may adopt any appropriate mode \r\nof payment s that may have become available because of modern devices or \r\ntechniques, for timely payment under the Act.  \r\n(2) The notified officer shall, in the prescribed form, maintain a detailed \r\nrecord of the payments made to the civilian victim or  his family members and cost \r\nincurred on his treatment or rehabilitation. \r\n9. Safeguard against discrimination .– No civilian victim otherwise eligible for \r\nany grant or other benefits under the Act shall be discriminated against in respect of \r\nany such grant or benefits on the ground only of age, religion, race, caste, sex , \r\ncolour, residence or place of birth. \r\n10. Appeal.– (1) A person aggrieved by any decision of the notified officer may, \r\nwithin thirty days from the date of communication of the decision, prefer an appeal to \r\nthe Commissioner or any other officer notified for the purpose by the Government. \r\n(2) The appellate authority shall afford an opportunity of hearing to any \r\ninterested person and shall, through a speaking order, decide the appeal within thirty \r\ndays from the date of filing of the appeal, and the decision of the appellate authority \r\nshall be final. \r\n11. Fake or f raudulent payments .– (1) If, on account of any payment made \r\nunder the Act, it transpires to the notified officer or the Commissioner that the \r\npayment has been made under the Act on the basis of any fraud or \r\nmisrepresentation, the notified officer or  the Commissioner may, initiate criminal \r\nproceedings under any law and recover the amount paid to the person who was not \r\nentitled to receive it after affording the person an opportunity of hearing. \r\n(2) Any person, agg rieved by the decision of the notified officer or  the \r\nCommissioner under sub section (1) may, within thirty days from the date of \r\ncommunication of the decision, prefer an appeal to the Commissioner or  the \r\nGovernment. \r\n(3) The Commissioner or the Government shall afford an opportunity of \r\nhearing t o any interested person and shall, through a speaking order, decide the \r\nappeal within thirty days from the date of filing of the appeal, and the decision of the \r\nappellate authority shall be final. \r\n12. Assistance.– (1) All officers and agencies of the Government in the district or \r\ndivision shall assist the Commissioner and the notified officer in the performance of \r\ntheir functions under the Act. \r\n(2) In the performance of their functions under the Act, the Commissioner \r\nor the notified officer may call for any  information from any agency of the \r\nGovernment and such agency shall immediately provide the requisite information. \r\n13. Performance audit .– (1) The Government may conduct or cause to be \r\nconducted the performance audit of the services rendered and payments made on \r\nperiodic basis under the Act. \r\n(2) The performance audit shall include , among others, the details of the \r\nquality of services provided by the notified officers, Commissioners and the \r\nGovernment to the civilian victims, the identification of weaknesses or lapses and the \r\nrecommendations for improvement. \r\n14. Act not in derogation of other laws .– (1) Save as otherwise provided in the \r\nAct, the provisions of the Act are in addition to and not in derogation of any other \r\nlaw. \r\n(2) Notwithstanding anything cont ained in the Act, the right to \r\ncompensation of any person shall not be extinguished or varied and the Government \r\nor any of its functionaries shall not be absolved from any liability under any other law. \r\n15. No legal liability .– Notwithstanding anything con tained in any law, any \r\npayment made to a civilian victim under the Act shall not be construed as admission \r\nof any wrong on the part of the Government or any functionary of the Government. \r\n16. Training.– The Government shall, at regular intervals, arrange t raining of the \r\nnotified officers, Commissioners and personnel of law enforcement agencies, Health, \r\nBuilding and Livestock departments for achieving the purposes of the Act. \r\n17. Annual report.– (1) The Government shall, within three months of the close \r\nof a financial year, submit to the Provincial Assembly an annual report. \r\n(2) The annual report shall consist of: \r\n(a) the details of the civilian victims and a comprehensive statement of the \r\npayments made during the preceding financial year; \r\n(b) reasons for delay, if any, in making payments to the civilian victims and \r\nproposed solutions;  \r\n(c) the salient features of the performance audit report, if any; and \r\n(d) any other matters considered appropriate by the Government or as \r\nmay be prescribed. \r\n18. Rules.– (1) The Government may, by notification in the official Gazette, make \r\nrules for carrying out the purposes of the Act. \r\n(2) In particular, the rules may provide for any of the following matters: \r\n(a) submission of application to a notified officer; \r\n(b) mode, manner and periodicity of the payments made to a civilian victim \r\nor any of his family members;  \r\n(c) repair or construction of a dwelling unit of a civilian victim; \r\n(d) compensation for loss of livestock or business establishment of a \r\ncivilian victim;  \r\n(e) details of communications between the notified officers and the \r\nGovernment for timely payment to the civilian victim and authenticity of \r\ncommunication; \r\n(f) rehabilitation of the civilian victim and his family members; \r\n(g) medical treatment of the civilian victim; \r\n(h) maintenance of records and publication of information under the Act; \r\n(i) procedure for decision of applications and appeals under the Act; and \r\n(j) maintenance of accounts. \r\n19. Repeal.– The Punjab Civilian Victims of Terrorism (Relief and Rehabilitati on) \r\nOrdinance 2016 (X of 2016) is hereby repealed. \r\nSCHEDULE \r\nSr. \r\n# \r\nNature of harm Mode of \r\nAssessment  \r\nExtent of harm Amount of grant \r\nin rupees \r\n1 Death   One million \r\n2 Grievous Injury On the report \r\nof Surgeon \r\nMedicolegal, \r\nPunjab or the \r\nStanding \r\nMedical Board  \r\nAmputation or \r\nincapacitation of a \r\nlimb \r\n0.5 million \r\n3 Substantial \r\nInjury \r\n-do- Inability to work \r\nbecause of harm for \r\na period of more than \r\ntwo weeks \r\n0.1 million \r\n4 Dwelling Unit On the report \r\nof Building \r\nDepartment \r\nComplete destruction 0.5 million \r\n \r\nPartial destruction 0.1 million \r\n5 Shop, kiosk or \r\nany other \r\nbusiness \r\nestablishment \r\n-do- \r\n \r\nComplete destruction 0.5 million \r\nPartial destruction \r\n \r\n0.1 million \r\nLoss of commodities 25% \r\ncompensation of \r\nthe cost of \r\ncommodities \r\nassessed by the \r\nnotified off icer \r\nwhich shall not \r\nexceed one \r\nmillion rupees  \r\n6 Vehicle \r\n \r\nOn the report \r\nof Motor \r\nVehicle \r\nExaminer \r\nBus, Truck or other \r\nheavy vehicle: \r\n(a) severe damage \r\n(b) minor damage \r\n \r\n \r\n(a) 0.5 million \r\n \r\n(b) 0.08 million \r\nCar, Jeep or other \r\nfour or three wheeler; \r\nand \r\n(a) severe damage \r\n(b) minor damage \r\n \r\n \r\n \r\n(a) 0.2.million \r\n(b) 0.04 million \r\nMotor cycle or \r\nscooter, in case of \r\nsevere damage \r\n \r\n0.02 million \r\n7 Loss of \r\nLivestock \r\nOn the report \r\nof Livestock \r\nDepartment \r\nEach buffalo, cow, \r\nbull, horse or donkey \r\n0.10 million \r\n \r\nEach sheep or goat 0.02 million",
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