section 16
Awarding compensation to conduct of inhabitants or persons interested in land
The Jammu and Kashmir Police Act, 1927Awarding compensation to conduct of inhabitants or persons interested in land.--(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt: or loss of, or damage to, property has been caused or has ensued from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person who claims to have suffered injury from such misconduct to make, within one month from the date of the injury, application to the District Magistrate or to the Sub-Divisional Magistrate within whose jurisdiction such area is situated.
- (2) It shall thereupon be lawful for the District Magistrate, with the sanction of '[the Government] after such enquiry as he may deem necessary, and whether or not any additional police force has been actually quartered in such area under the last preceding section--
- (a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
- (b) fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them; and
- (c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under sub-section : and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led, to such injury.
- (3) It shall be lawful for '[the Government], by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation.
- (4) Every declaration or assessment made or order passed by the District Magistrate under sub-section
- (2) shall be subject to revision by '[the Government] but save as aforesaid shall be final.
- (5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section. Explanation.--In this section the word "inhabitants" shall have the same meaning as in the last preceding section.
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