Guidelines for surrender-cum-rehabilitation of naxalites in the naxal affected States
(i) to wean away the misguided youth and hardcore naxalites who have strayed into the fold of naxal movement and now find themselves trapped into that net.
(ii) to ensure that the naxalites who surrender do not find it attractive to join the naxal movement again.
Tactical surrenders by those elements who try to make use of the benefits extended by the Government to further their vested interests should not be encouraged under the Scheme.
(i) These guidelines are applicable to those naxalites who surrender with or without arms.
(ii) The eligibility of such naxalites for assistance under the scheme would be scrutinized by the
Screening cum Rehabilitation Committee constituted by the concerned State Government.
(iii) The benefits of the scheme shall not be available to a surrenderee who has already surrendered and benefited under existing surrender / rehabilitation schemes in any of the naxal affected States.
4. Benefits under the Scheme:
(i) Persons eligible under the scheme may be imparted training in a trade/vocation of their liking or befitting their aptitude. They shall be paid a monthly stipend of Rs 2000/- each for a maximum period of 36 months. However, if the surrenderee secures any employment in Government or any gainful self-employment, the monthly stipend will be discontinued.
Note: The incentive given for surrender of the aforesaid arms shall be deposited in the form of a Fixed Deposit in joint names of surrenderee and the State overnment nominee and may be given to the surrenderee at the time of completion of 3 years after surrender and subject to good behaviour by the surrenderee.
(ii) Handling of weapons: The States may develop a mechanism in respect of safe storage of weapons and ammunitions surrendered by the naxalites.
6. Procedure for screening/identification and rehabilitation of naxalites:
6.1 The following agencies will be involved in the process of identification and rehabilitation of surrendered naxalites:-
(i) ADG/IG(Special Branch/(CID) will act as the Surrender and Rehabilitation Officer (S&R Officer) under the Scheme.
(ii)Central Para Military Force.
(iii) State Police/State Administration.
6.2 Each of the Security Forces deployed will identify one officer of the rank of DIG or equivalent officer as the nodal officer for coordinating matters relating to surrender and rehabilitation of naxalites, with respect to their organisation.
6.3 A naxalite shall be free to surrender before any unit of the CPMFs, District Magistrate, District SP, Range DIG, IG(Ops), IG(Special Branch), DIG (Special Branch), SP(Special Branch), SDM, Sub- Divisional Police Officer and other notified officers. The officers for this purpose shall be notified by the State Governments. A naxalite may also surrender before any unit of the Army or the CPMFs outside the State. The officer receiving the surrenderee shall send the details as informed by the surrenderee filled up in prescribed proforma to the S&R officer and to the nodal officers of all the deployed forces. The nodal officer of each organization will verify the antecedents and activities of the naxalites from its own sources and send specific recommendations to the S&R Officer, stating as to whether the individual could be taken in as surrenderee or not.
6.4 The officer receiving the surrenderee will provide immediate security to the surrenderee and after getting necessary details for filling up the requisite proforma, send him to the transit camp to be maintained by the S&R Officer. The decision about the acceptance or otherwise, of the surrenderee should be taken within 15 days.
6.5 Screening procedure may also include the following::
7. Court cases: Heinous crimes committed by the surrenderee may continue in the courts. For minor offences, plea bargaining could be allowed at the discretion of the State Authorities. States may consider providing free legal services / advocate to the surrendered naxalite as per the policy of the concerned State. Fast track courts may be constituted by the concerned States for speedy trial of cases against the surrenderees.
8. These guidelines for rehabilitation of naxalites for naxal affected States are in supersession of the Item No. 7 of the existing/extant guidelines of Ministry of Home Affairs for reimbursement of security related expenditure to naxal affected States.
9. The Surrender and Rehabilitation Policies of the naxal affected States may, inter alia, include the broad guidelines as laid down above.
10. Impact assessment of the guidelines: The Ministry of Home Affairs may review these guidelines periodically in consultation with the concerned State Governments and take appropriate corrective action if required.