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Section 10

The Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (11 of 2021)State Act of Haryana · Act 11 of 2021

(l) The Claims Tribunal shall issue suntmorls to the persolts leadirrg. organizing, planning, exhorting. instigating. participating or committing sr.rch incident that led to damages as per the report submitted by the District Magistrate and also to the person subnritting the application for claims for compensation. mentionirrg the date and time fixed on which it shall hear the applications for claim.

(2) Iii case aiii'person to w'hoim suir'ririoiis liave been issued fails to appear before the Clairns Tribunal on the date and tirne tixed fbr hearing the application. the Claims Tribunal rnay effectthe service by publication. in such manner. as may be prescribed.

(3) The Clairns Tribunal shall proceed ex-parte against any person, who fails to appear before it inspite of service of sumllorrs under sub-section (2):

Provided tlrat a person rvho has beerr proceeded ex-parte rtray file an application for recalling the order and if he satisfies the Claims Tribunal that he was prevented by any sufficient cause fronr appearing when the order was passed or tlrat suntmons were not duly served, the Clairtrs Tribunal may set aside the order whereby such person was proceeded ex-parte.

(4) The Claims Triburral may seek a report fi'om the District Magistrate of the properfyowned by the person who have been proceeded ex-parte and the District Magistrate shall furnish a report of the property owned by and details of bank accounts of suclr person within a period of fifteen days to the Claims Tribunal.

(5) The District Magistrate may seek infornration with regard to such property and bank accounts from the Contnrissioner of Police or the Superirrtendent of Police, as the case ntay' be. or from an officer or any bank or any otlrer Governnrent agency and such officer shall be dufy bound to provide such information. as may be available or obtained by him to the District Magistrate.

(6) The Claims Triburral on receipt of the report under sub-sectiolr (4) may proceed to issue an order ot'attachment of propefty and the bank accounts of the person concerned to compel his presence and the officer to whorn such order of attachrnerrt of property or bank account is issued shall be duty bound to cornply rvith such order imnrediately on its receipt:

Provided tlrat before proceeding for attachrnent of properfy- under this sub -section. the Claims Tribunal shall followthe procedure as provided under Order XXXVITI, rule 5 of the Code of Civil Procedure, 1908 (Central Act No.5 of 1908).

I I . The person against whom the sunrmon under section l0 has been issued by the Claims Tribunal, at or before the first hearing or within such further tirne as the Clairns Tribunal may allow, which shall not be later than twenty-one days from the date of service of summons or publication under sub-section (2) of sectiorr 10, to file a written statement and such written staternent shall form part of the record.

Where this provision sits

ActThe Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (11 of 2021)
Section10
JurisdictionState of Haryana
StatusIn force as published by the source

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