Vidhi Codex

section 17

Competent Authority H

The Arunachal Pradesh Property ( Prevention of Damage and Loss ) Act, 2020
General202022 sections
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Statutory text
  1. (1) The Government shall by notification in the State Gazette constitute an authority, to be known as the competent authority for the purposes of this Act
  2. (2) The competent authority shall be headed bythe Additional Deputy Commissioner of the concerned district and shall comprise such other members not exceeding two as may be prescribed.
  3. (3) The competent authority shail determine the quantum of compensation for damage or loss caused to any property by an offence under this Act.
  4. (4) Every claim for compensation for damage or loss caused to any property shall be made to the competent authority. -
  5. (5) Inarriving at the quantum of compensation for damage or loss caused to any property, the competent authority shall have regard to:
    • (i) the value of the property,
    • (ii) the extent of damage to the property; and
    • (iii) such other matters as may be prescribed
  6. (6) In deciding the claim for compensation, the competent authority shall follow such procedure as may be prescribed.
  7. (7) The competent authority shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of:
    • (a) taking evidence on oath,
    • (b) enforcing the attendance of witnesses,
    • (c) discovery and production of documents and material objects; and
    • (d) for such other purposes as may be prescribed. The Arunachal Pradesh Extraordinary Gazette, March 16,2020 5
  8. (8) The compensation amount, which shall be specified inthe Damage/Loss Determination Report of the competent authority, shall be deemed as "Public Demands" in terms of SCHEDULE-I of the Bengal Public Demands Recovery Act, 1913.
  9. (9) The competent authority, on determination of the compensaticn amount, shall submit its Damage’ Loss Determination Report to Deputy Commissioner of the concerned district.
  10. (10) Upon receipt of the Damage/Loss Determination Report of the competent authority, the Deputy Commissioner of the concerned District shall recover the compensation amount as determined in the said report as if a "Public Demands" in accordance with the provisions of the Bengal Public Demands

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