The Uttarakhand Recovery of Damages to Public and Private Property Act, 2024

(1) This Act may be called the Uttarakhand Recovery of Damages to Public and Private Property Act, 2024. (2) It extends to the whole of uttarakhand. It shall come into force at once.

In this Act, unless the context otherwise requires:- (a) "claims Commissioner" means an officer not below the rank of Additional District Magistrate designated by the State Government; (b) "Claims Tribunal" means a claims Tribunal constituted under this Act; (c) "damage" means loss of property or damage to property, whether public or private or thereof; (d) "protester" shall have the same meaning as in section 324(1) of the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 year 2023). (e) "person" shall have the same meaning as in section 2 (26) of the Bharatiya Nyaya Sanhita, 2023. (f) "private property" means a movable or an immovable property owned and controlled by any person or any religions body, society or trust or waqf, which is not public property under clause (g) of section 2 of this Act, or firms over which their owners have exclusive and absolute legal right. (g) "public property" means any property, whether movable or immovable and includes any machinery which is owned by, or in the possession of, or under the control of- (I) the Central Government; (II) any State Government; (III) any local authority; or (IV) any corporation or a company as defined in Companies Act, 2013, established by, or under, a State Act; or (V) any institution, concern or undertaking which the State Government may, by notification in the Gazette, specify in this behalf: Provided that the State Government, shall not specify any other institution, concern or undertaking under this sub-clause unless such institution, concern or undertaking is financed wholly or substantially by funds provided directly or indirectly by the State Government or any other State Government or partially by the State Government and partially by the Central/State Government or any other State Government.

On receipt of the report of concerned circle officer of police which is based on First Information Report of the incident and other information gathered in the, meanwhile, the District Magistrate or the Head of office shall take immediate steps to file claim petition before the Claims Tribunal for compensation, preferably within three months of the date of causing of the damage to the public property.

The District collector or the Commissioner as the case may be, shall review the conduct of claim cases filed for compensation on a quarterly basis and send its report to the Government.

The Head of the Department shall monitor the conduct and disposal of claims filed for compensation and give necessary directions to the Head of office periodically.

Private property owners, whose property had also been damaged in such incident, after getting a copy of such report from the SHO/SO concerned in such manner as per rules to file their Claim petitions for compensation.

(1) The State Government, by notification in the Gazette, constitute one or more damage to property Claims Tribunal hereinafter referred to as Claims Tribunal for such area as may be specified in the notification for the purpose of adjudicating upon claim for compensation in respect of damages to any public property or private property or both and to perform the functions assigned to it under this Act. (2) Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment to Claims Tribunal unless he has been:- (i) a Retd. District Judge (as Chairperson), or (ii) an officer of Additional Commissioner Rank (as Member). (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.

(1) The Claims Tribunal shall be empowered to adjudicate upon the claims for compensation as reported under section 3 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 an enquiry. (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 assess such damage from the panel appointed by the State Government. (4) The remuneration, to be paid to 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 shall 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 shall 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. (8) The Claims Tribunal shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of any person and examining him on oath, requiring 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 215 and Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 Year 2023).

(1) Every application/Claim Petition for compensation shall be filed before the Claims Tribunal in such form and manner as may be prescribed. (2) All applications, before the claims Tribunal, other than application mentioned in sub-section (1) shall be stamped with a court fee stamp prescribed by the State Government from time to time. Process fee in the form of court-fee stamp shall, as may be decided by the State Government from time to time, be paid for each witness or party summoned. (3) An application under this section shall be presented before the Claims Tribunal by the petitioner unless he is prevented by sufficient cause and in such case the application may be presented by his authorized agent/pleader.

The cause of action for initiating steps would be acts causing damage to public and private property.

(1) Wherever a destruction, or loss or damage to public and private property takes place due to hartal, bandh, riots, public commotion or protests, the primary responsibility for initiating the action for claiming compensation before the Claims Tribunal of competent jurisdiction, constituted under this Act, preferably within three years of occurrence of the incident shall be as follows:- (a) for public property, the responsibility would vest with the head of the Office exercising control over the property damaged during and as a result of the bandhs, strikes, riots, public commotion and protests etc. In this event, the head of the office with the aid of the Law Officer or any officer as may be delegated by the Executive shall take necessary steps to file Claim Petition for compensation; (b) for private property, the responsibility would vest with the owner of the private property, his authorized representative or trustee having exclusive and absolute legal rights and who is not a trespasser of the property damaged; (c) for personal injury, the responsibility would vest with the- (i) person who has sustained the injury; or where death has occurred, by all or any of the legal representatives of the deceased; or (ii) agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be. (2) The Claims Tribunal may, upon information received from any person or upon its own knowledge, take suo motu cognizance that damage, within the meaning of this Act, has occurred. (3) The Claims Tribunal may condone a delay in filing the Claim Petition if the applicant shows reasonable cause for the same.

In a Claim Petition for damages to property, the Head of office or owner of the private property as the case may be and in a Claim Petition for damages for the injury, the claimant shall include as respondents, the persons who within his knowledge had exhorted, instigated or committed such acts, the persons who are so named in the report of the police, the names and designation of the person who exhorted or perpetrated the acts leading in the destruction or damages, who sponsored, called for or exhorted the agitation.

The Claims Tribunal shall send to the respondents a copy of application together with a notice of the day on which it shall hear the application. The tribunal shall proceed ex-parte against the respondent who failed to appear before the tribunal despite finally serving of the notice and the tribunal shall attach the property and direct the authorities to publish the name, address along with the photograph of the property with a warning for Public at large, not to purchase the Property of the respondent.

The respondents, at or before the first hearing or within such further time as the Claims Tribunal may allow, which shall not be later than thirty days from the date of service of notices, file a written statement dealing with the damages claimed in the claim petition and any such written statement shall form part of the record.

The Claims Tribunal shall decide the matter with due observance of natural justice and may also take evidence on oath and summon the document as required.

The Claims Tribunal may, at any stage of an enquiry before it and after due notice to the parties visit and inspect the site of the incident or any other place or thing which in its opinion, is necessary to view for a proper decision of the claim petition.

The Claims Tribunal may, if sufficient cause is shown, at any stage of the hearing of the case, grant time to the party or to any other person interested in the petition to adjourn the hearing of the petition. When adjournment is granted on application the Claims Tribunal may, make such order, as it thinks fit, with respect to the costs occasioned by the adjournment. In any case not more than three adjournments shall be given to a party: Provided that the Claim Tribunal shall decide the claim petition expeditiously and in any case within one year of the forming of the issues.

The Claims Tribunal may, in its discretion, allow any party to appear himself before it, through a legal practitioner during hearing of the case.

(1) The Claims Tribunal, in passing order, shall record concisely in judgment the finding on each of the issues framed and the reasons for such finding and make an award, specifying the amount of compensation to be paid and shall also specify the person or persons jointly or severally separately as the case may be to whom compensation shall be payable: Provided that the Claims Tribunal may, for reasons to be recorded, award an 'Exemplary Damages' to an extent not exceeding double of the amount of the compensation liable to be paid: Provided further that if any amount as compensation has been paid to the victim by the Government or any agency in this behalf, the Claims Tribunal shall adjust such amount from the amount of compensation so awarded: Provided also that the compensation shall not be less than the market value of the property damaged on the day of incident. (2) Where compensation is awarded to two or more persons, under sub-section (1) the Claims Tribunal shall also specify the amount payable to each of them. As soon as the order of recovery for damage is passed the property of the respondent to be attached and authorities shall be directed to publish the name address along with the photograph of the property, with a warning for public at large not to purchase property attached. (3) The claims Tribunal may while disposing of the claim for compensation, make such order, regarding costs and expenses incurred in the proceeding as it thinks fit. (4) The compensation payable under sub-section (1) and the amount of compensation payable under the said subsection in respect of the permanent disablement of any person shall be a minimum sum of Two Lakh rupees. (5) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of such award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. (6) A Claim for compensation under sub-section (1) shall not be defeated by reason of any neglect or default of the person in respect of whose death or permanent disablement the claim has been made and the quantum of compensation shall not be reduced on a plea that the claimant has contributed to such neglect or default.

Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.

(1) The Principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established. (2) The liability will be borne by the actual perpetrators of the crime or instigate damage to or incites giving rise to the liability to be shared, as finally determined by the Claims Tribunal. (3) Damages shall be assessed for,- (i) Damages to public property; (ii) Damages to private property; (iii) personal injury; (iv) cost of the actions by the authorities and police to take preventive and other actions. (4) For the purposes of this Act, if any person has suffered by reason of any incident, any injury or injuries involving- (a) deprivation of the sight of either eye or the hearing of either ear; (b) destruction or permanent impairing of the powers of any member or joint; or (c) disfiguration of the face or head or any permanent disablement.

Every Order or award passed by Claims Tribunal shall be final and no appeal is maintainable against such order before any court.

Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the civil Court.

The State Government may, by notification, make rules for carrying out the purposes of this Act.

(1) If any difficulty arises in giving effect to the provision of this Act, the State Government may, by a notified order, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty. (2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act. (3) Every order made under sub-section (1) shall be laid, as soon as may be, before the State Legislative Assembly and the provisions of sub-section (1) of section 23 A of the Uttar Pradesh General Clauses Act, 1904 (as applicable in the State of Uttarakhand). (4) Where this Act is silent on any subject of proceeding before tribunal, the provisions of the Civil Procedure Code shall apply on the same.

(1) With the commencement of this Act any other existing law or Government orders corresponding to this Act are hereby cancelled and declared ineffective: Provided that subject to the provisions of this Act the repeal shall not effect: (a) the previous operation of any such Government Orders or law or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under such Government Order or law; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against such Government Order or law; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeitue or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture, or punishment may be imposed as if such Government Order or law had not been repealed. (2) Notwithstanding anything contained in the proviso to sub-section (1) anything done or any action taken under any Government Order or law repealed by sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.

(1) The Uttarakhand Recovery of Damages to Public and Private Property Ordinance, 2024 is hereby repealed. (2) Notwithstanding such repeal, anything done by or any action taken under the said ordinance shall be deemed to have been done under the corresponding provisions of this Act.