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FILE FIR AGAINST BBMP OFFICERS UNDER POA ACT FOR RECALLING SC ST CONTRACTORS WORK ORDER WITHOUT ANY REASONS TO GIVE TO NON SC ST CONTRACTORS

 
 
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FILE FIR AGAINST BBMP OFFICERS UNDER POA ACT FOR RECALLING SC ST CONTRACTORS WORK ORDER WITHOUT ANY REASONS TO GIVE TO NON SC ST CONTRACTORS
by System Administrator - Monday, 23 October 2017, 11:48 AM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Prakash and others five have filed complaints against JC West and other BBMP officers in sheshadripuram police station under POA Act 2015 for "ecnomic boycott"  under section 3(1) (bc)(ZC) for recalling their contracts without reasons and giving it to upper cast for SWM contracts work orders .Requested to read the POA Act clauses under section 3(1) (bc) (ZC) and immediately restore the contracts to SC ST persons "FIVE PACAKAGES" as per law or Let the sheshadripuram Police Register the cases under POA Act AND then BBMP Restore the contracts as choice is left to JC SWM  . For recalling their contracts without reasons and giving it to upper cast for SWM contracts work orders and this amounts to economics and social boycott of SC contractors and amounts to atrocity under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the SC persons has every right to file atrocity case against BBMP officials under Section 3(1) (ix) (x) (zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. "economic boycott” means-( I ) a refusal to deal with, work for hire or do business with other person; or ( ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or (iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (iv) to abstain from the professional or business relations that one would maintain with other person and (eb) "social boycott” means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others;

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to be enforced with effect from January 26, 2016 .The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 to ensure more stringent provisions for prevention of Atrocities against Scheduled Castes and the Scheduled Tribes will be enforced with effect tomorrow i.e. January 26, 2016. Consequent upon passing of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 by the Lok Sabha on August 04,2015 and Rajya Sabha on December 21, 2015, to make amendments in the Principal Act, namely, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, as assented by the President on December 31, 2015, was notified in the Gazette of India Extraordinary on January 01, 2016. After framing the rules for enactment, now it will be enforced by the Central Government with effect from January 26, 2016. The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are: •New offences of atrocities like tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of Scheduled Castes and Scheduled Tribes, garlanding with chappals, denying access to irrigation facilities or forest rights , dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging, dedicating a Scheduled Caste or a Scheduled Tribe women as devadasi, abusing in caste name, perpetrating witchcraft atrocities, imposing social or economic boycott, preventing Scheduled Castes and Scheduled Tribes candidates from filing of nomination to contest elections, hurting a Scheduled Castes/Scheduled Tribes woman by removing her garments, forcing a member of Scheduled Caste/Scheduled Tribe to leave house , village or residence, defiling objects sacred to members of Scheduled Castes and Scheduled Tribe, touching or using words, acts or gestures of a sexual nature against members of Scheduled Castes and Scheduled Tribe. •Addition of certain IPC offences like hurt, grievous hurt, intimidation, kidnapping etc., attracting less than ten years of imprisonment, committed against members of Scheduled Caste/Scheduled Tribe, as offences punishable under the PoA Act. Presently, only those offences listed in IPC as attracting punishment of 10 years or more and committed on members of Scheduled Caste/Scheduled Tribe are accepted as offences falling under the PoA Act. •Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases. •Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet. •Addition of chapter on the 'Rights of Victims and Witnesses'. •Defining clearly the term 'wilful negligence' of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act. •Addition of presumption to the offences -If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise.

Filing of the First Information Report (FIR) is of paramount importance as the process of justice begins with registration of an offence with the police station. The procedure for filing FIR has been given under Section 154 of Code of Criminal Procedure, 1973.  The Constitution Bench of Supreme Court of India in its judgment dated 12.11.2013, in the W.P. (Criminal) No. 68 of 2008{Lalita Kumari Vs Govt. of Uttar Pradesh and Ors.} has, inter-alia, held that, "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation”. The offences under the PoA Act are cognizable. As such the affected person must file an First Information Report (FIR) in the Police Station of the area as per relevant provisions under Chapter II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, as amended by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015(No. 1 of 2016). The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 has been notified to be enforced with effect from January 26, 2016. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 was passed by the Lok Sabha on August 4, 2015 and by the Rajya Sabha on December 21, 2015. The amendment act received President's assent on December 31, 2015.

The Mayor and Deputy Mayor and all Corporators of 198 wardsof BBMP and officers of BBMP must read provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act as it has Stringent punishment for atrocities on SC, ST under amended Act .BBMP giving contract or work order of SWM to Non SC contractors after recalling the work orders given to SC ST Contractors within few days without any reason is economic and social boycott of SC ST community and is punishable under new amendment brought by Modi government as UPA has proposed the amendments.SC ST Contractors are changed but the pourakarmikas remain same Supervisors remain same Men and Machine remains same by changing only contractor is direct insult to SC ST contractors and it is an offence under POA Act . An Act which provides for stringent action against those committing atrocities against SC and ST communities or indulging in actions which are derogatory to their dignity, including social or economic boycott, has came into effect since January 2016 .Cancelling legitimate contracts without any legal reasonsattracts criminal provisions of SCs and STs, under Chapter II of the PoA Act non SC contractorspressure on JC and cancelling the contract or work orders and such contractors has imposed or threatened a social or economic boycott of SC STperson or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe ix) Gives, any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a Scheduled Caste or a Scheduled Tribe;(x) Intentionally insults or intimidates with intent to humiliate a Scheduled Caste or a Scheduled Tribe in any place within public view.