section 5
Order to pay compensation
The Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982(1) When imposing a sentence of fine for an offence under this Act, the court may when passing judgment, order the whole or any part of the fine recovered to be applied- (a) in defraying expenses properly incurred in the prosecution ; (b) in the payment to any person of compensation for any loss or injury caused by the offence ; (c) in replacing or, as the case may be, restoring to the previous state, the public property or machinery, including any public road, bridge, navigable channel, natural or artificial. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (4) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.
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