In this Act, unless the contest otherwise [l~::::::es
(a) "Claims Commissione of Additional District Magistrate desi gna . (b) "Claims Tribunal" me under this Act;
(c) "Damages" means loss 9·""'''''Y"!-O- any act or orrtission by any person to a...:u.uu:r<::~ pe~::so:::::.
(d) "Mischief' shall have the same '[J!:~n::::~:
the India Penal Code;
(e) "Person" shall have the Same II1!::an::::g, Indian Penal Code;
erank S:J~' G:::r.-ez:rnnent;
tituted sed by ereof;
section 425 of.
1 of the 2 pro Pri aof legal nOlgnt;
C;Prillrate Property" means a movable or an immovable d controlled by any religious body, society or trust or oc is not public property under clause (g)of section 2 nrms 0 er which their owners have exclusive and absolute Ac --iPnhHC perty" means any property, whether movable or mcludes any machinery which is owned by or in the er the control ofrral Government: or e State Government: or ~-r ocal authority: or o corporation or a company as defined in Companies estabfished by, or under, a State Act: or institution, concern or undertaking which the State - otification in the Gazette, specify in this behalf:
unmov.ab.l~ pas seS:SX:J:l at the State Government, shall not specify any cern or undertaking under this sub-clause unless concern or undertaking is financed wholly or ds provided directly or indirectly by the State other State Government or partially by the State o all by the Central State Government or any other othe suc su bsi:2n.:ra:!y Goverrmcerrr Goverrrmem Star
CHAPTER-n o ,REVIEW OF CASES AND INVESTIGATION the report of concerned Officer In-Charge of Police sed on First Information Report of the incident and cr::rr:::::ationgathered in the meanwhile, the District Magistrate & ea.d of office shall take immediate steps to file claim e Claims Tribunal for compensation, preferably ths of the date of causing of the damage to the public
3.
Stati:m gistrate & Collector will review the conduct of claim mpensation on a quarterly basis and send its report to o e Department shall monitor the conduct and disposal compensation and give necessary directions to the riodically.
(3)
6. Private property owners, whose property had also damaged in such incident, after getting a copy of such report from the Officerin charge concerned in such manner as per rules to file their Claim petitions for compensation.
CHAPTER-lII CLAIMS TRIBUNAL, FUNCTION AND POWERS.
7. (1)The State Government, by notification in the Gazette, constitute one' or more damage to property Claims Tribunal, hereinafter referred to as Claims Tribunal, for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of damages to any public property or private property or both and to perform the functions assigned to it under this Act;.
(2) Claims Tribunal, shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.
(3) A person shall not be qualified for appointment to Claims Tribunal unless he has been-
(i)a District & Sessions Judge (as the Chairman), or
(ii)an officerof AdditionalDistrict Magistrate Rank (as a member).
(4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.
(4)
8. (1) It shall be the duty of the Claims Tribunal to determine the damages caused to a public or a private property in the incident occurred under section 3 or section 4 and to award : suitable compensation related thereto.
(2) The Claims Tribunal may, if it thinks fit, appoint a Claims Commissioner to estimate the damages and investigate liability to assist it in holding the inquiry.
(3)The Claims'Tribunal may, also appoint one Assessor in every district as the case. may be to assist the Claims Commissionerwho is technically qualified to asses such damage from the panel appointed by the State Government.
(4)The remuneration, to be paid the person or persons under sub section (2)and sub section (3) shall in every case be determined by the State Government.
(5) The Claims Commissioner and the Assessor may seek instructions from the claims Tribunal to summon the existing videoor other recordings from private and public sources to pinpoint the damage and establish nexus with the perpetrators of the damage.
(6) The Claims Commissioner will make a report to the claims Tribunal within a period of three months or within the extended time, if any, granted by the Claims Tribunal. The Claims Tribunal will determine the liability after hearing the parties.
7) The Claims Tribunals may, subject to any rules that may be made in this behalf, followsuch summary procedure as it thinks fit.
The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of esses and of compelling the discovery and production of docu e ts and material objects and for such other purposes as may be preset 'bed: and the Claims Tribunal shall be deemed to be a CivilCourt for e purpos s of Section 195 and Chapter XXVIof the Code of C" Procedure, 1973 (2of 1974) PROCEDURE OF CLAIMS TRIBUNAL Every application/ Claim petition for compensation shall be filed n .••••.•.••..•.- ••••three months An application under this section shall be presented before the C - s Tribunal by the petitioner unless he is prevented by sufficient ca e from appearing personally, in which case the application may be pre e red by his agent authorized in writing in this behalf.
10. e cause of action for initiating steps would be acts causmg damage to public and private property.
1. "herever a destruction, or loss or damage to public and private p .T takes place due to hartal, bundh, riots, public commotion, p - ts or thereof, the primary responsibility for initiating the action fo c . . g compensation before the Claims Tribunal, constituted this Act, of competent jurisdiction, preferably within three o of occurrence of the incident: however claim tribunal may eo e the delay of 30 days if applicant shows the reasonable cause.
For the public property, would vest with the Head of the office exerci . g control over the property damaged during and as a result' of the s, strikes, riots, public commotion and protests etc. In the case 0 public sector undertakings, the Head of the officeor the Chief
(5) Executives or any person authorized by the Head of Departmerrt or Chief Executive shall take necessary steps to file Claim petition for compensation.
(2) For the private property, would vest with the owner of the private property, authorized representative or trustee having exclusive and absolute legal rights and who is not trespasser of the property damaged, may file claim petition for payment of compensation.
12. In a Claim petition for damages to property the Head of office or owner of the private property as the case may be will include as respondents, the persons who within his knowledge had exhorted, instigated or committed such acts the persons who are so named in the report of the police, the names and designation of the person who exhorted or perpetrated the acts leading in the destruction or damages, who sponsored, called for or exhorted the agitation.
14. The respondents, at or before the first hearing or within such further time as the Claims Tribunal may allow, which shall not be later than thirty days from the date of service of notices, file a written statement dealing with the damages claimed in the claim petition and any such written statement shall form part of the record.
13. The Claims Tribunal shall send to the respondents a copy of application together with a notice of the day on which it will hear the application.
The tribunal shall proceed ex-party against the respondent who failed to appear before the tribunal and the tribunal shall attach the property and direct the authorities to publish the name, address along with photograph with a warning for public at large, not to purchase the property of the respondent.
15. The Claims Tribunal shall decide the matter with due observance of natural justice and may also take evidence on oath and summon the document as matter require.
16. The Claims Tribunal may, at any stage of an enquiry before it and after due notice to the parties visit and inspect the site of the incident or any other place or thing which in its opinion, is necessary to view for a proper decision of the claim petition.
(6) e C aims Tribunal may ~ for reasons to be recorded, on the appucano of a party or otherwise, adjourn the hearing from time to en adjournment is granted on application the Claims v , make such order, as it thinks fit, with respect to the c ()IOC2.!51· oned by the adjournment. In any case not more than three adjournments shall be given to a party.
1 .
?:t:l~:led that the Claims Tribunal shall decide the claim petition and in any case within one year of the framing of the ISS e 1 laims Tribunal may ~ in its discretion, allow any party to a elf before it through a legal practitioner during hearing of
19. e Claims Tribunal, in passing order, shall record concisely mjuagmant the fmding on each of the issues framed and the reasons f ding and make an award, specifying the amount of COIIlJ:lEl::tSC:J.'jonto be paid and shall also specify the person or persons j - severally separately as the case may be to whom c .on shall be payable.
Pr.::.'ii::iedthat the Claims Tribunal may, for reasons to be recorded, a emplary Damages' to an extent not exceeding double of the e compensation liable to be paid.
Provided further that if any amount as compensation has been pal e owner of the private property damaged in incident, by the Sta rnment or Central Government or Insurance company or any agency or under an - other Law for the time being in force in this Claims Tribunal shall adjust such amount from the amount compensation so awarded.
- ided also that the compensation shall not be less than the IIla1 ralue of the property damaged on the day of incident.
Where compensation is awarded to two or more person, under su tion (1) the Claims Tribunal shall also specify the amount pa; e to each of them.
s soon as the order of recovery for damage is passed the property of - e respondent to be attached and authorities shall be directed to
(7) publish the riarne address along with photograph with a warning for public at large not to purchase property attached.
(3) The Claims Tribunal may while disposing of the claim for compensation, make such orders regarding costs and expenses incurred in the proceeding as it thinks lit.
20. Where any ClaimsTribunal allows a claim for compensation made under this Act such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.
21. (1)The Principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established.
(2)The liabilitywillbe borne by the actual perpetrators of the crime or instigate or incites givingrise to the liability to be shared, as fmally determined by the ClaimsTribunal.
(3)Damages shall be assessed for:
(i)Damages to public property:
(ii)Damages to private property:
(ii)Cost of the actions by the authorities and police to take preventive and other actions.
22. Every order or award passed by claim tribunal shall be final.
Provided that an appeal can be preferred in the Hon'ble High Court only.
23. Where any amount is due from any person under and award/order, the Claims Tribunal may, on an application made to it by the person entitled to the amount issue a certificate for the amount to the District Magistrate & Collector and the District Magistrate & Collector shall proceed to recover the same in the same manner as an arrear of land revenue or getting the same deposited a challan in the GovernmentTreasury.
(8)
24. Where any Claims Tribunal has been constituted for any area, no CivilCourt shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of the claim for compensation shall be granted by the CivilCourt.
25. Proceedings of claim petition shall not be barred by the criminal proceeding, if any originated by the concerned incident.
CHAPTER-IV MISCELLANEOUS