The Chhattisgarh Nirashriton evam Nirdhan Vyaktiyon ki Sahayta Act, 1970

(1) This Adhiniyam may be called the Chhattisgarh Nirashriton Avam Nirdhan Vyaktiyon Ki Sahayata (Sanshodhan) Adhiniyam, 2010. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette.

In this Act, unless the context otherwise requires,— (a) "Destitute person" means a person who has no source of income or who, for some physical or mental disability, is unable to maintain himself or his family and is otherwise in a state of destitution; (b) "Poor person" means a person whose income is below the limit prescribed by the State Government by rules; (c) "Prescribed" means prescribed by rules made under this Act; (d) "State Government" means the Government of Chhattisgarh. In this Act, unless the context otherwise requires: "Principal Act" means the Chhattisgarh Nirashriton Avam Nirdhan Vyaktiyon Ki Sahayata Adhiniyam, 1970 (No. 12 of 1970). In the Chhattisgarh Nirashriton Avam Nirdhan Vyaktiyon Ki Sahayata Adhiniyam, 1970 (No. 12 of 1970), (hereinafter referred to as the Principal Act), in Section 2, in clause (a),- (a) In sub-clause (iv), for punctuation full stop(.), the punctuation semi-colon (;) shall be substituted; (b) after sub-clause (iv), the following shall be added, namely:-(v) Person suffering from HIV Aids; (vi) Person suffering from leprosy and recovered from leprosy; (vii) Person suffering from mental illness and recovered from mental illness; (viii) Third Gender person; (ix) Dwarf.

The State Government may render assistance to destitute and poor persons in the following manner: (a) by providing financial assistance; (b) by providing food or clothing or both; (c) by providing shelter in a home or other institution established or recognised by the State Government for the purpose. (1) The State Government may, subject to such conditions and restrictions as may be prescribed, provide financial or other assistance to destitute and poor persons. (2) The assistance provided under sub-section (1) may be in the form of pension, grant-in-aid, supply of food, clothing, or provision of medical facilities or such other relief as may be deemed necessary. (3) The amount of pension or grant-in-aid shall be determined in accordance with the rules made in this behalf. (1) In section 3 of the Principal Act, for the words "make adequate provision" the words "implement scheme and to provide adequate relief" shall be substituted. (2) In clause (d) of Section 3 of the Principal Act for the word "loan" the word "assistance" shall be substituted. (3) For sub-clause (i) and (ii) of clause (d) of Section 3, the following shall be substituted, namely:- "(i) cremation of an indigent person or any member of his family; (ii) special schemes for the benefit of girls belonging to families of below poverty line as notified by the State Government from time to time."

(1) Any person who claims to be a destitute or poor person may make an application to the prescribed authority in such form and in such manner as may be prescribed. (2) On receipt of an application under sub-section (1), the prescribed authority shall cause such inquiry to be made as it deems fit to verify the eligibility of the applicant for assistance. (3) If the prescribed authority is satisfied that the applicant is a destitute or poor person, it may sanction such assistance as may be prescribed. (4) If the prescribed authority is not satisfied, it may reject the application for reasons to be recorded in writing. (5) An order passed under sub-section (4) shall be final. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (i) the eligibility criteria for destitute and poor persons for receiving assistance; (ii) the procedure for making applications for assistance; (iii) the authority or officer competent to sanction and distribute the assistance; (iv) the scale and nature of assistance to be provided; (v) any other matter which is to be or may be prescribed under this Act. For sub-section (2-A) of Section 4 of the Principal Act, the following sub-sections shall be substituted, namely :- "(2-A) The Collector shall apportion and deposit twenty percent of the amount of collection made by a market committee, into the State Destitute Fund, and the amount collected in such fund shall be utilised for any district in such manner as may be prescribed, and the Commissioner/Director, Panchayat and Social Welfare Chhattisgarh shall operate and maintain proper account of such fund, and the account of such fund shall be audited by the Director, Local Fund Audit, Chhattisgarh. (2-AA) All moneys of the State Destitute Fund shall be deposited in a co-operative bank or any Bank specified in the first Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (No. 5 of 1970), as a corresponding new bank or in post office saving bank: (2-AAA) The amount remaining after apportionment under sub-section (2) and (2-A) shall be utilised for the purpose of setting up and maintaining homes for destitutes and indigent persons in the area falling within the jurisdiction of the market committee concerned: Provided that the State Government may, having regard to the need of such homes in any other areas, order the utilisation of not exceeding ten percent of the remaining amount for setting up and maintaining homes for destitutes and indigent persons in such other area outside the jurisdiction of the market committee concerned."

The prescribed authority or any other officer authorised by the State Government in this behalf shall have the power to hold an inquiry for the purpose of this Act and for that purpose shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of summoning and enforcing the attendance of any person and examining him on oath.

The State Government may, by notification, exempt any class of destitute or poor persons from the operation of all or any of the provisions of this Act. In the first proviso to sub-section (i) of Section 7 of the Principal Act, the words "or adivasi panchayat" shall be omitted.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (i) the authority to whom and the form in which an application for assistance may be made; (ii) the manner and the criteria for determining whether a person is a destitute or poor person; (iii) the nature and amount of assistance to be provided and the procedure for disbursement thereof. In sub-section (2) of Section 9 of the Principal Act :- (i) after clause (a), the following clause shall be inserted, namely :- "(a-1) the manner in which the State Destitute Fund shall be utilised in any district under sub-section (2-A) of Section 4;" (ii) for clause (c-1) of Section 9 of the Principal Act, the following clause shall be substituted, namely :- "(c-1) terms and conditions subject to which relief may be provided under Section 3."

(1) For sub-clause (ii) of clause (a) of Section 2 of the Principal Act the following sub-clause shall be substituted, namely :- "Person with disability" suffering from not less than forty percent of any disability as certified by a medical authority. (2) After sub-clause (ii) of clause (a) of Section 2 of the Principal Act, the following sub-clause shall be inserted, namely:- "(iii) a widow or a divorcee or a woman subjected to cruelty fulfilling such requirements including that of residence in a local area as may be prescribed; (iv) Children affected by naxal violence." (3) For sub-clause (a-i) (ii) of Section 2, the following sub-clause shall be substituted, namely:- "members belonging to family of below poverty line as notified by the State Government from time to time." (4) In explanation of clause (a-i) of Section 2 of the Principal Act, for the words "husband, wife and their minor children," the words "husband, wife, their minor children and unmarried daughter" shall be substituted. (5) For sub-clause (iii) of clause (b) of Section 2 of the Principal Act, the following sub-clause shall be substituted, namely :- "in the case of a Gram Panchayat, the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994)". (6) In clause (d) of Section 2 of the Principal Act, for the words "notified area committee or gram panchayat or adivasi panchayat" the words "notified area committee or gram panchayat" shall be substituted. (7) After clause (g) of Section 2 of the Principal Act, the following (h) and (i) clauses shall be added, namely:- "(h) "State Destitute Fund" means the Fund constituted under section 4. (i) "Cruelty" means- (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or (b) harassment of woman where such harassment is with a view to coercing her or any person related her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person, related to her to meet such demand."