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Section 11: Who may initiate the action for claiming compensation for public and private property and its time limit

The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020State Act of Uttar Pradesh · Act 11 of 2020

11. [(1) Wherever a destruction, or loss or damage to public and private property takes place due to hartal, bandh, riots, public commotion or protests, the primary responsibility for initiating the action for claiming compensation before the Claims Tribunal of competent jurisdiction, constituted under this Act, preferably within three years of occurrence of the incident shall be as follows:

(a) for public property, the responsibility would vest with the head of the Office exercising control over the property damaged during and as a result of the bandhs, strikes, riots, public commotion and protests etc. In the case of public sector undertakings , the head of the Office or the Chief Executives or any person authorized by the Head of the Office or the Chief Executives or any person authorized by the Head of Office or Chief Executives shall take necessary steps to file Claim Petition for compensation.

(b) for private property, the responsibility would vest with the owner of the private property, his authorized representative or trustee having exclusive and absolute legal rights and who is not a trespasser of the property damaged;

(c) for personal injury, the responsibility would vest with the,-

(i) person who has sustained the injury; or where death has occurred, by all or any of the legal representatives of the deceased, as the case may be.

(ii) agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be.

(2) The Claims Tribunal may, upon information received from any person or upon its own knowledge, take two suo-moto cognizance that damage, within the meaning of this Act, has occurred.

(3) The Claims Tribunal may condone delay in filling the Claim Petition if the applicant shows reasonable cause for the same.]

Where this provision sits

ActThe Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020
Section11
Marginal noteWho may initiate the action for claiming compensation for public and private property and its time limit
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by sec. 3 of U.P. Act no. 12 of 2022.

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