section 11
Who may initiate the action for claiming compensation for public and private property and its time limit
The Uttarakhand Recovery of Damages to Public and Private Property Act, 2024(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.
Study data processing for this section.
PDF: pending for this language.