Section 16 SC/ST Act: Power of State Government to impose collective fine
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 16 SC/ST Act at a Glance
Section 16 SC/ST Act empowers the State Government to impose a collective fine under the SC/ST Act by applying Section 10A of the Protection of Civil Rights Act, 1955 to its imposition, realisation, and connected matters.
Section 16 SC/ST Act Bare Act Text
16. Power of State Government to impose collective fine.
The provisions of section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) shall, so far as may be, apply for the purposes of imposition and realisation of collective fine and for all other matters connected therewith under this Act.
Section 16 SC/ST Act in Simple Words
Section 16 SC/ST Act gives the State Government the power to impose and realise (collect or recover) a collective fine under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Placed in Chapter V (Miscellaneous) between Section 15A SC/ST Act on the rights of victims and witnesses and Section 17 SC/ST Act on preventive action by the law and order machinery, Section 16 SC/ST Act does not write out a standalone procedure of its own. Instead, Section 16 SC/ST Act incorporates the provisions of Section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955).
Under Section 16 SC/ST Act, the provisions of Section 10A of the Protection of Civil Rights Act, 1955 apply, so far as may be, meaning to the extent those provisions fit action taken under the SC/ST Act in connection with atrocities (defined in Section 2 SC/ST Act as offences punishable under Section 3 SC/ST Act). Those applied provisions govern three things under the SC/ST Act: the imposition of a collective fine, the realisation of the collective fine, and all other matters connected with that collective fine.
When Section 16 SC/ST Act Applies
- The authority empowered to impose a collective fine under Section 16 SC/ST Act is the State Government.
- The provisions of Section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) apply, so far as may be, under the SC/ST Act.
- Those incorporated provisions govern the imposition of the collective fine, the realisation of the collective fine, and all other connected matters under the SC/ST Act.
Example of Section 16 SC/ST Act
FAQs on Section 16 SC/ST Act
What is Section 16 SC/ST Act?โผ
Section 16 SC/ST Act empowers the State Government to impose a collective fine under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Section 16 SC/ST Act applies the provisions of Section 10A of the Protection of Civil Rights Act, 1955, so far as may be, for the imposition and realisation of that collective fine and all connected matters.
Who has the power to impose a collective fine under Section 16 SC/ST Act?โผ
The State Government. Section 16 SC/ST Act vests the power to impose a collective fine under the SC/ST Act in the State Government.
Which provision governs imposing and recovering a collective fine under Section 16 SC/ST Act?โผ
Section 10A of the Protection of Civil Rights Act, 1955. Under Section 16 SC/ST Act, the provisions of Section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) apply, so far as may be, to the imposition and realisation of a collective fine and all connected matters under the SC/ST Act.
Does Section 16 SC/ST Act set out its own separate procedure for collective fines?โผ
No. Section 16 SC/ST Act does not set out a standalone procedure and instead applies Section 10A of the Protection of Civil Rights Act, 1955, so far as may be, for the imposition, realisation, and connected matters of a collective fine under the SC/ST Act.
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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ยท