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Section 8: Function and powers of the Claims Tribunal

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

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 incidents 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 Commissioner who 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 video or 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, follow such 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 witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Where this provision sits

ActThe Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020
Section8
Marginal noteFunction and powers of the Claims Tribunal
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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