(l) The Clainrs Tribunal shall, after hearing the parties and on the basis of material available on record and the reports of the Claims Commissioner and independent valuation agency determine the liability of the person and the nronetary value of the compensation to be alvarded to each applicant.
(2) The Claims Tribunal while determining each claim for compensation, shall also decide the apportionrnent of the compensation recoverable frorn amongst the persons leading, organizing, planning. exhorting, irrstigating. participating or committing the incident tlrat led to the damages.
(3) The Clairns Tribunal shall. along with the award under sub-section (l). issue a certificate for recovery of danrages for the anrount so ar,varded. The Collector shall proceed to recover the amoutrt on applicatiorr for execution of the award, in the same ntanner as an arrears of land revenue:
Provided that the Claims Tribunal shall not award compensation higher than the contpensation clainred by the applicant or ten crores rupees, whichever is less:
Provided further tltat no person shall be liable to pay nrore than one crore rupees.
(4) The Claims Tribunal may. fbr reasons to be recorded. also award exemplary damages. not exceeding the total amount of the compensation awarded for the incident of disturbarrce to public order leading to tlre danrages and such danrages shall be payable. jointly or severally. by the persons leading. organizing. planning. exhorting. instigating. participating or cornmitting the incident that led to the danrages:
Provided that such exernplary damages shall be paid into the Consolidated Fund of the State.
(5) The Collector shall have the power to issue an order of attachrnent of property or bank accourtt of any person against whom award has been passed by the CIaims Triburral to pay contpensatiort aud such property'or bank account shall rernain attached till the person nrakes the payment of the anrount due.
HARYANA GOVT. G,^,2. (EXTRA.), APR. I, 2O2I (CHTR. II, 1942 SAKA) 9l
(6) The compensation receivable on account of damages to any properfy-
(i) owned by the Central Government or the State Government or on account of the cost of requisitiorr of police or paranrilitary forces fronr outside the State shall be deposited by the District Magistrate in the Consolidated Fund of the Uniorr or the State, as the case nray be;
(ii) owtred by any orgarrization owned and controlled by tlre Central Government or tlre State Governnrent, shall be paid by the District Magistrate to such organizatron;
(iii) owned by a conrpany, trust, universify or sociefy or a statutory board other than an organization under (ii) above. slrall be paid by the District Magistrate to such company. trust, university or society or a statutory board.
as the case may be;
(iv) owtred by a person other than (iii) above, shall be paid by tlre District Magistrate to such person:
Provided that if any amount as compensation has been paid to the owner of any property damaged in incident (s), by the State Government or Central Govenrment or any insurance company or any other agency in this behalf, the District Magistrate shall adjust such amount frorr the amount of conrpensation to be paid; arrd the amount so adjusted shall be paid to the State Governtnent or Central Governrnent or such insurance conrpany or such other agency.
(7) The Claims Tribunal ma1, while disposing of the applications for claims for compensation, may pass such orders regarding costs and expenses incurred in the proceedings, as it deerns fit.
15. The Claims Tribunal may direct that in addition to the amount of compensation, simple interest not exceeding six percent per annurx. shall also be paid.
16. Any person aggrieved by the award passed by the Claims Tribunal may file an appeal before the High Court of Punjab and Haryana:
Provided that no appeal shall be errtertained unless twenty percent of the anrount of compensation so awarded by the Claims Tribunal is deposited with the Collector.
17. No Civil Court shall have jurisdiction to entertain any question relating to the claim for compensation and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act.
18. The proceedings for conrpensation for danrages to property under tlris Act shall be in addition to and not in derogation of any criminal liability undertaken or likely to be undeftaken through crirninal proceedings. if any, before any competent court of law.
19. Whoever, being bound by this Act fails to render or furnish assistance to the Claims Tribunal or the District Magistrate in execution of his duty under this Act, shall be punishable for offence undersection 187 ofthe [ndian Penal Code, 1860 (Central ActNo.45 of 1860).
20. All proceedings before a Claims Tribunal shall be deenred to be judicial proceedirrgs within the meaning of clause (i) of section 2 of the Code of Criminal Procedure. 1973 (Cerrtral Act No. 2 of 1914\.
21. The Presiding Officer and otlter nrgnrbers, the Claims Conrnrissioners. and the oflcers arrd other employees provided to the Claims Tribunal shall be deemed to be public serants within the nreanitrgofsection2l oftheTndianPerral Code. 1860(Central ActNo.45of 1860).
Award of interest Appeal.
Bar of jurisdiction.
No bar on criminal proceedings General offence Proceed in gs before Claims Tribunalto be judicial proceedings Members and staff of Claims Tribunalto be public servants
22. No suit, prosecution or other legal proceeding shall lie against any person anything which is in good faith done or intended to be done in pursuance of this made thereunder.
authorized for Protection of Act and rules action taken in good faith.
92 HARYANA GOVT. GAZ. (EXTRA.), APR. t, 202t (CHTR. lt, 1942 SAKA) Powerto 23. (l) If any difficulty arises in giving effect to the provisions of this Act, the State ::L"^Y.:.,^- Government may, by notification, make such provisions, not inconsistent with the provisions oforrrrcurtres this Act, as appear to it to be necessa,y o, .*p.dient for removing the difficulty.
(2) No order under sub-section (l) shall be made after the expiration of a period of two years from the commencement of this Act.
(3) Every order made under sub-section (l) shall be laid, as soon as possible, before the State Legislature.
Power to make 24. The State Government may, by notification, make rules for carrying out the purposes ofrules this Act.
BIMLESH TANWAR.
ADMINISTRATIVE SECRETARY TO GOVERNMENT HARYANA.
LAW AND LEGISLATIVE DEPARTME,NT.
9I33-L R -H G.P , PKI Hurgunu Gsuwntrunt Gapttr EXTRAORDINARY Published by Authority O Govt. of Haryana No. 101-202llExt.) z-C.T6, {nqil{, fuqm 28 q{, 2o2r (z srvra, rg+s Yr.h') ftEnfi qRRrE frw org EE oTfrfu{q qE Tfr quntqr ?gE TSf q-qrdfud fdqn
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(xlviii) HARYANA GOVT. GAZ. JUNE 28,2021(ASAR. 7, 1943 SAKA) 116 frrilrl 3Tkq-fir ftqifr 28 q{, 2021 dqr oroorTo u/EooTo11/2o2i/wo't/zoz't- ERqrqT oilo q+ten fr A:q d dRH qqfu sTfr q-qfi cTBfuqq, zo21 (zozt 6-r r r) of sT|-$ 1 of sq-qm (e) am q-ffi $fut or q-*.r ovi gv, eRupn 6 {t-wrrTrFT, Eq-d ErT, sfir ss-rTr{T d Tffi d fdq sq ffiftqq d rqq, ii q-+-Iyrq of frfu qn Nft frfu dsqgft+oo-GBr gt-fiq Gr0-sT, orr{ U@ T{fuq, ERqTUI Tflor{, .5a furm t 318 HARYANA GOVT. GAZ. (EXTRA.), JLrNE 28,2021 (ASAR. 7 , 1943 SAKA) [Authorised English Trans lation] HARYANA GOVERNMENT HOME DEPARTMENT Notification The 28th Jwrc,2021 No. S.O. 34lH.A. lll202lls.ll2021.- In exercise of the powers conferred by sub-section (3) of Section 1 of the Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (l I of 2021), the Governor of Haryana hereby appoints the date of publication of the said Act in the Official Gazette to be the date for the purposes of the said sub-section.
RAJEEV ARORA, Additional Chief Secretary to Government, Haryana, Home Department.
''-- 9218-L.R.-H..G.P., Pkl.