The Tripura Recovery of Damages to public and private property Act,2021

PUBLISHED IN THE EXTRAORDINARY ISSUE'
OF THE TRIPURA GAZETTE AGARTALA
Agartala, Friday, April 16, 2021 A. D., Chaitra 26, 1943 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
SECRETARIAT:AGARTALA
No. F.8(5)-LawlLeg-V2021(P) Dated, Agartala, the 13thApril, 2021.
OTIFICATIO
The followingAct of the TripuraLegislativeAssemblyreceivedthe assentof the
Governorof Tripura on the 13th April, 2021 and is hereby published for general
information.
\
(SopanCh n)
Dy.Secretary,Law
GovernmentofTripura

PROPERTY AC
ATE
T OF 2021
THE TRIPURA RECOVERY OF D G
An
ACT
to deal with all such acts of vio e control
its persistence and escalation and to p ges to
. public or private property during hartal, ba:m:i~ •..J.!.,,;~ _.--:...-'- eommotiori,
protests or thereof, in respect of pro claims
tribunals to investigate the damages ea sation
and the matters connected therewith an
BE it enacted by the Tripura Le~itisila:!i~e. f!..s:SE::=:'::r~
second year of the Republic of India a
seventy
C
PREL
1. Short title and commence e
(1) This Act may be called e
Public and Private Property Act 202
(2) It shall come into force 0
Tripura Gazette.
~u....ages to
2. Definitions:-
In this Act, unless the contest otherwise [l~::::::es
(a) "Claims Commissione
of Additional District Magistrate desi gna
. (b) "Claims Tribunal" me
under this Act;
(c) "Damages" means loss 9·""'''''Y"!-O-
any act or orrtission by any person to a. ..:u.uu:r<::~ pe~::so:::::.
(d) "Mischief' shall have the same '[J!:~n::::~:
the India Penal Code;
(e) "Person" shall have the Same II1!::an::::g,
Indian Penal Code;
erank
S:J~' G:::r.-ez:rnnent;
tituted
sed by
ere of;
section 425 of.
1 of the
2

pro
Pri a-
of
legal nOlgnt;
C;Prillrate Property" means a movable or an immovable
d controlled by any religious body, society or trust or
o c is not public property under clause (g) of section 2
nrms 0 er which their owners have exclusive and absolute
Ac
--iPnhHC perty" means any property, whether movable or
mcludes any machinery which is owned by or in the
er the control of-
rral Government: or
e State Government: or
~-r ocal authority: or
o corporation or a company as defined in Companies
estabfished by, or under, a State Act: or
institution, concern or undertaking which the State
- otification in the Gazette, specify in this behalf:
unmov.ab.l~
pas seS:SX:J:l
at the State Government, shall not specify any
cern or undertaking under this sub-clause unless
concern or undertaking is financed wholly or
ds provided directly or indirectly by the State
other State Government or partially by the State
o all by the Central State Government or any other
othe
suc
su bsi:2n.:ra:!y
Goverrmcerrr
Goverrrmem
Star
CHAPTER-n
o ,REVIEW OF CASES AND INVESTIGATION
the report of concerned Officer In -Charge of Police
sed on First Information Report of the incident and
cr::rr:::::ation gathered in the meanwhile, the District Magistrate &
ea.d of office shall take immediate steps to file claim
e Claims Tribunal for compensation, preferably
ths of the date of causing of the damage to the public
3.
Stati:m
gistrate & Collector will review the conduct of claim
mpensation on a quarterly basis and send its report to
o
e Department shall monitor the conduct and disposal
compensation and give necessary directions to the
riodically.
(3)

6. Private property owners, whose property had also damaged in such
incident, after getting a copy of such report from the Officer in charge
concerned in such manner as per rules to file their Claim petitions for
compensation.
CHAPTER-lII
CLAIMS TRIBUNAL, FUNCTION AND POWERS.
7. (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 claims 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 District & Sessions Judge (as the Chairman), or
(ii) an officer of Additional District Magistrate Rank (as a 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.
(4)
8. (1) It shall be the duty of the Claims Tribunal to determine the
damages caused to a public or a private property in the incident
occurred under section 3 or section 4 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 the inquiry.
(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 asses such damage from the panel appointed
by the State Government.
(4) The remuneration, to be paid 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 will 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 will 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.
The Claims Tribunal shall have all the powers of a Civil Court for
the purpose of taking evidence on oath and of enforcing the attendance
of esses and of compelling the discovery and production of
docu e ts and material objects and for such other purposes as may be
preset 'bed: and the Claims Tribunal shall be deemed to be a Civil Court
for e purpos s of Section 195 and Chapter XXVI of the Code of
C" Procedure, 1973 (2 of 1974)
PROCEDURE OF CLAIMS TRIBUNAL
Every application/ Claim petition for compensation shall be filed
n .••••.•.••..•.- •••• three months
An application under this section shall be presented before the
C - s Tribunal by the petitioner unless he is prevented by sufficient
ca e from appearing personally, in which case the application may be
pre e red by his agent authorized in writing in this behalf.
10. e cause of action for initiating steps would be acts causmg
damage to public and private property.
1. "herever a destruction, or loss or damage to public and private
p .T takes place due to hartal, bundh, riots, public commotion,
p - ts or thereof, the primary responsibility for initiating the action
fo c . . g compensation before the Claims Tribunal, constituted
this Act, of competent jurisdiction, preferably within three
o of occurrence of the incident: however claim tribunal may
eo e the delay of 30 days if applicant shows the reasonable cause.
For the public property, would vest with the Head of the office
exerci . g control over the property damaged during and as a result' of
the s , strikes, riots, public commotion and protests etc. In the
case 0 public sector undertakings, the Head of the office or the Chief
(5)

Executives or any person authorized by the Head of Departmerrt or Chief
Executive shall take necessary steps to file Claim petition for
compensation.
(2) For the private property, would vest with the owner of the
private property, authorized representative or trustee having exclusive
and absolute legal rights and who is not trespasser of the property
damaged, may file claim petition for payment of compensation.
12. In a Claim petition for damages to property the Head of office or
owner of the private property as the case may be will 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.
14. 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.
13. The Claims Tribunal shall send to the respondents a copy of
application together with a notice of the day on which it will hear the
application.
The tribunal shall proceed ex-party against the respondent who
failed to appear before the tribunal and the tribunal shall attach the
property and direct the authorities to publish the name, address along
with photograph with a warning for public at large, not to purchase the
property of the respondent.
15. 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 matter require.
16. 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.
(6)

e C aims Tribunal may ~ for reasons to be recorded, on the
appucano of a party or otherwise, adjourn the hearing from time to
en adjournment is granted on application the Claims
v , make such order, as it thinks fit, with respect to the
c ()IOC2.!51·oned by the adjournment. In any case not more than three
adjournments shall be given to a party.
1 .
?:t:l~:led that the Claims Tribunal shall decide the claim petition
and in any case within one year of the framing of the
ISS e
1 laims Tribunal may ~ in its discretion, allow any party to
a elf before it through a legal practitioner during hearing of
19. e Claims Tribunal, in passing order, shall record concisely
mjuagmant the fmding on each of the issues framed and the reasons
f ding and make an award, specifying the amount of
COIIlJ:lEl::tSC:J.'jonto be paid and shall also specify the person or persons
j - severally separately as the case may be to whom
c .on shall be payable.
Pr.::.'ii::ied that the Claims Tribunal may, for reasons to be recorded,
a emplary Damages' to an extent not exceeding double of the
e compensation liable to be paid.
Provided further that if any amount as compensation has been
pal e owner of the private property damaged in incident, by the
Sta rnment or Central Government or Insurance company or any
agency or under an - other Law for the time being in force in this
Claims Tribunal shall adjust such amount from the amount
compensation so awarded.
- ided also that the compensation shall not be less than the
IIla1 ralue of the property damaged on the day of incident.
Where compensation is awarded to two or more person, under
su tion (1) the Claims Tribunal shall also specify the amount
pa; e to each of them.
s soon as the order of recovery for damage is passed the property
of - e respondent to be attached and authorities shall be directed to
(7)

publish the riarne address along with photograph 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 orders regarding costs and expenses incurred
in the proceeding as it thinks lit.
20. 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.
21. (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 or incites giving rise to the liability to be shared, as fmally
determined by the Claims Tribunal.
(3) Damages shall be assessed for:
(i) Damages to public property:
(ii) Damages to private property:
(ii) Cost of the actions by the authorities and police to take
preventive and other actions.
22. Every order or award passed by claim tribunal shall be final.
Provided that an appeal can be preferred in the Hon 'ble High Court
only.
23. Where any amount is due from any person under and
award/order, 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 District Magistrate & Collector and the District Magistrate &
Collector shall proceed to recover the same in the same manner as an
arrear of land revenue or getting the same deposited a challan in the
Government Treasury.
(8)
24. 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 the
claim for compensation shall be granted by the Civil Court.
25. Proceedings of claim petition shall not be barred by the criminal
proceeding, if any originated by the concerned incident.

CHAPTER-IV
MISCELLANEOUS
26. Power to make nlles:-
The State Government may, by notification, make rules for carrying
out me purposes of this Act.
27. Removal of dimculties:-
If any difficulty arises in giving effect to the provision of this Act
the State Government may by a notified order, make such provisions,
no onsistent with the provisions of this Act as appear to it to be
nece sary or expedient for removing the difficulty.
2 0 order under sub section (1) shall be made after the
exp .on of a period of two year from the commencement of this Act.
here this Act is silent on any subject of proceeding before
tn the provisions of civil procedure code shall apply on the
S~~ •.•._
Sd/-
(Sopan Chaudhuri)
Deputy Serectry, Law
Govt. of Tripura
(9)

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