Compensation for injury caused by unlawful assembly, how recover able-Date to be fixed for liability

(1) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the State Government may, by notification in the official Gazette, specify- (a) the area (hereinafter called “the disturbance area”), in which in its opinion such unlawful assembly was held; (b) the dale on which or the period during which such unlawful assembly was held. (2) The decision of the State Government under Cls. (a) and (b) of sub-section (1) shall be final. (3) On the issue of a notification under sub-section (1), the Chief Presidency Magistrate in Greater Bombay the District Magistrate in Districts with the previous sanction of the Revenue Commissioner, may, after such inquiries he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be (covered in the manner prescribed in the succeeding sub-sections. (4) The Chief Presidency Magistrate or the District Magistrate may require- (a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, the Collector or another authority; (b) in any disturbance area which is within the limits of a municipality, the municipality, the Collector or any other authority; and (c) in any disturbance area which is outside the area specified in Cls. (a) and (b), the Collector or any other authority. to recover the amount (hereinafter called “the compensation amount”) as determined under sub-section (3) either in whole or in part and where the Municipal Commissioner or the Municipality is required to recover such amount. an additional sum not exceeding three per cent of the compensation amount (hereinafter referred to as “the Municipal recovery cost”), generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as the Chief Presidency Magistrate or the District Magistrate may direct. (5) (1) The Chief Presidency Magistrate or the District Magistrate may require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the additional sum. Municipal recovery cost by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub section shall be recovered by the Municipal Commissioner or the Municipality concerned from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the relevant Municipal Act. Such addition shall be charged along with the general or property tax on the properties in the area aforesaid. (ii) The Chief Presidency Magistrate or the District Magistrate as the case may be, may also require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct. (6) Where a Municipal Commissioner or a Municipality makes a default in imposing and levying any such tax or in making any such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery. (7) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor. (8) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (5) or (7), whether before or after the coming into operation of this Act, the proportionate amount of the municipal recovery cost shall be deducted therefrom and the amount not exceeding the compensation amount determined by the Chief Presidency Magistrate or the District Magistrate as the case may be under sub-section (3) shall be paid to him for the payment of compensation to the persons entitled thereto and the balance, if any, shall be credited to the Municipal fund constituted under the relevant Municipal Act. Such amount shall be paid to the Chief Presidency Magistrate or the District Magistrate as the case may be every three months. (9) It shall be lawful for the Chief Presidency Magistrate or the District Magistrate as the case may be by order, to exempt any persons from liability to pay any portion of the compensation amount. (10) The State Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of the Chief Presidency Magistrate or the District Magistrate as the case may be granting or refusing to grant an exemption thereunder, set aside or modify such order. Explanation. In this section the expression “inhabitants” when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.