LexThe UTTAR PRADESH RECOVERY OF DAMAGES TO PUBLIC AND PRIVATE PROPERTY ACT, 2020
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act
THE UTTAR PRADESH RECOVERY OF DAMAGES TO PUBLIC
AND PRIVATE PROPERTY ACT, 20201
(U.P. Act no. 11 of 2020)
Amended by
U.P. Act No. 12 of 2022
[As passed by the Uttar Pradesh Legislature and assented to
by the Governor on August 28, 2020 and was published in the Uttar
Pradesh Gazette, Extraordinary, dated August 31, 2020.]
AN
ACT
to deal with all such acts of violence at public places and to
control its persistence and escalation and to provide for recovery of
damage to public or private property during hartal, bundh, riots,
public commotion, protests or thereof, in respect of property and
constitution of claims tribunals to investigate the damages caused
and to award compensation related there to.
IT IS HEREBY enacted in the Seventy-first Year of the Republic
of India as follows :–
CHAPTER-I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Recovery of
Damages to Public and Private Property Act, 2020.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall be deemed to have come into force on March 15,
2020.
Definitions 2. In this Act, unless the contest 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 T ribunal
constituted under this Act;
(c) " Damage" means loss, injury, or deterioration,
caused by any act or omission by any person to another
person or property thereof;
(d) "Mischief" shall have the same meaning as in section
425 of the Indian Penal Code;
(e) "Person" shall have the same meaning as in section
11 of the Indian Penal Code;
(f) "Private property" means a movable or an immovable
property owned and controlled by any person or any religious
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;
1. For S.O.R. see at the end of this Act.
2
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
(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) Central Government; or
(II) the State Government; or
(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.
CHAPTER-II
CLAIM PETITION, REVIEW OF CASES AND INVESTIGATION
Claim petition
for public or
private property
3. On receipt of the report of concern 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
Commissioner of Police or the Head of Office shal l 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.
Review of cases
4. The District Collector or the Commissioner as the ca se
may be, will review the conduct of claim cases filed for compensation
on a quarterly basis and send its report to the Government.
Monitoring of
cases
5. The Head of the Department shall monitor the conduct
and disposal of claim filed for compensation a nd give necessary
directions to the Head of Office periodically.
Claim petition
for private
property
6. Private property owners, whose property had also damaged
in such incident, after getting a copy of such report from the
SHO/SO concerned in such manne r as per rules to file their Claim
petitions for compensation.
CHAPTER-III
CLAIMS TRIBUNAL, FUNCTION AND POWERS
Constitution of
Claim Tribunal
7. (1) The State Government, by notification in the
Gazette, constitute one or more damage to propert y 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.
4
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
(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 :–
(i) has been a Retd. District Judge (as a Chairman); or
(ii) is an officer of Additional Commissioner 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.
Function and
powers of the
Claims
Tribunal
8. (1) It shall be the duty o f the Claims Tribunal to determine
the damages caused to a public or a private property in the incidents
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 qual ified 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 Commissi oner 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 Commissione
r 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 witnesses and of c ompelling 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 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
6
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
Application/
claim petition
for
compensation
PROCEDURE OF CLAIMS TRIBUNAL
9. 1[(1) every application/Claim Petition for compensation shall
be filed within three years , accompanied by a fee of rupees twenty five
in the form of court fee stamp.]
(2) All applications, before the Claims Tribunal, other than
application mentioned in clause (i) shall be stamped with a court -fee
stamp of rupees fifty. A process fee of rupees hundred shall be in the
form of court-fee stamps 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 from appearing personally, in which case the
application may be presented by his agent authorized in writing in this
behalf.
Cause of
action to claim
damage to
property
10. The cause of action for initiating steps would be acts
causing damage to public and private property.
Who may
initiate the
action for
claiming
compensation
for public and
private
property and
its time limit
11. 2[(1) Wherever a destruction, or loss or damage to public
and private property takes place due to hartal, bandh, rio ts, 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 the case of public sector undertakings , the head of the
Office or the Chief Executives or any person authorized by the Head
of the Office or the Chief Executives or any person authorized by the
Head of Office or Chief Executives 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, as
the case may be.
(ii) agent duly authorized by the p erson 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 two suo- moto cognizance
that damage, within the meaning of this Act, has occurred.
(3) The Claims Tribunal may condone delay in filling the Claim
Petition if the applicant shows reasonable cause for the same.]
1. Subs. by sec. 2 of U.P. Act no. 12 of 2022.
2. Subs. by sec. 3 of U.P. Act no. 12 of 2022.
8
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
Who may be
joined as
respondents
12. In a Claim Petition for damages to property the Head of
office or ow ner of the private property as the case may be 1[and in a
Claim Petition for damages for the injury, the claimant] 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.
Notice to
parties
13. The Claims Tribunal shall send to the respond ents 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
attatch 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.
Appearance of
parties and
filing of
written
statement
14. The respondents, at or before the first he aring 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.
Method of
recording
evidence
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.
Local
inspection
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.
Adjournment
of hearing
17. The Claims Tribunal may, for reasons to be recorded, on
the application of a party or otherwise, adjourn the hearing from time
to time. When adjournment is granted on applic ation 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 framing of the
issues.
Appearance
through legal
practitioner
18. The Claims Tribunal may, in its discretion, allow any party
to appear himself before it through a legal practitioner during hearing
of the case.
Judgment and
award of
compensation
19. (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:
1. Subs. by sec. 4 of U.P. Act no. 12 of 2022 .
10
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
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 owner of the private property damaged in incident, by the
State Government or Central Government or Insurance company or
any other 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 person,
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 attatched and authorities shall be
directed to publish the name address along with photograph with a
warning for public at large not to purchase property attatched.
(3) The Claims Tribunal may while disposing of the claim for
compensation, make such or
ders regarding costs and expenses
incurred in the proceeding as it thinks fit.
1[(4) The amount of compensation payable under sub -section
(1) in respect of the death of any person shall be a minimum sum of
Five Lakh rupees and the amount of compensation payable under that
sub-section in respect of the permanent disablement of any person
shall be a minimum sum of One 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 recoverable in respect of such death or
permanent disablement shall not be reduced on the basis of the share
of such person in the responsibility for such death or permanent
disablement.]
Award of
interest where
any claim is
allowed
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.
1. Ins.by sec. 5 of U.P. Act no. 12 of 2022.
12
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
Principles
relating to
assess the
amount of
damage to
property and
its liability
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
finally determined by the Claims Tribunal.
1[(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.]
2[(4)For the purposes of this Act, if any person has suffer ed by reason
of any incident, any injury or injuries involving,-
(a) permanent privation of the sight of either eye or the hearing of
either ear, or privation of any member or joint; or
(b) destruction or permanent impairing of the powers of any
member or joint; or
(c) permanent disfiguration of the head or face;
then such disablement shall be deemed to be permanent
disablement.]
Finality of
Award
22. Every order or award passed by Claim Tribunal shall be
final and no appeal is maintainable against such order before any
court.
Recovery of
money as
arrear of land
revenue
23. 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 c ertificate 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.
Bar on
jurisdiction of
Civil Courts
24. Where any Claims Tribunal has been constituted for any
area, no Civil Court shall have jurisdiction to en tertain 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 com pensation shall be granted by the Civil
Court.
No Bar by
criminal
proceedings
25. Proceedings of claim petition shall not be barred by the
criminal proceeding, if any originated by the concerned incident.
CHAPTER-IV
MISCELLANEOUS
Power to make
rules
26. The State Government may, by notification, make rules for
carrying out the purposes of this Act.
1. Subs. by sec. 6 (a) of U.P. Act no. 12 of 2022
2. Ins. by sec. 6 (b) of U.P. Act no. 12 of 2022
14
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
Power to
remove
difficulty
27. (1) If any difficulty arises in giving effect to the provision of
this Act the State Government may by a notified order, ma ke 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 year from the commencement of this Act.
(3) Every order made under sub -section (1) shall be laid, as
soon as may be, before both Houses of the State Legislature and the
provisions of sub -section (1) of section 23 -
A of the Uttar Pradesh
General Clauses Act, 1904.
(4) Where this Act is silent on any subject of proceeding before
tribunal, the provisions of Civil Procedure Code shall apply on the
same.
Repeal and
savings
28. (1) With the promulgation of this Act any other existing law
or Government orders corresponding to this Ac t 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 ri ght, 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,
forfeiture 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.
Transfer of
cases to
Claims
Tribunal
(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[28A- Notwithstanding anything contained in this Act and the
rules made there under, the proceedings undertaken in pursuance of
Government Order no. 4131/6- pu-14-10-500(289)/09 dated
08.01.2011 and Government Order no. 1057/6- pu-3-2011-63 P/10
dated 27.04. 2011, prior to the enforcement of this Act in relation to
recovery of damage to public or private property or personal injury
1. Ins. by sec. 7 of U.P. Act no. 12 of 2022.
16
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
sustained there form, shall stand transferred to the Claims Tribunal
on as is where is basis, and in such cases the requirement of filing
Claim Petition under section 9 of this Act shall not be required.]
Repeal and
saving
U. P.
Ordinance no.
2 of 2020
29. (1) The Uttar Pradesh Recovery of Damages to Public and
Private Property Ordinance, 2020 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the provisions of the principal Act as amended by the
Ordinance referred to in sub -section (1) shall be deemed to have been
done taken under the corresponding provisions of the principal Act as
amended by this Act as if the provisions of this Act were in force at all
material times.
18
[The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020]
STATEMENT OF OBJECTS AND REASONS
The Hon'ble Supreme Court of India in the case of In Re:Destruction of Public
and Private Property Vs . State of Andhra Pradesh and Others has observed that the
public and private property is often damaged by invocation of political processions,
illegal demonstrations, strikes, bandh and protests in the co untry, and strict legislation
is required to prevent it. Instructions were issued by Hon'ble Supreme Court for
videography of such demonstrations, and for the Constitution of a Claims Tribunal to
award compensation for the damage caused to public or privat e property due to such
incidents.
In accordance with the aforesaid decision and the guidelines laid thereunder to
deal with all such acts of violence at public places, to control its persistence and
escalation, and to provide for recovery of damage to public or private property during
hartal, bandh, riots, public commotion, protests in respect of property, it was found
necessary to provide for the constitution of Claim Tribunals to investigate and
determine the damage caused and to award compensation in respect thereof.
Since the State Legislature was not in session and immediate legislative action
was necessary to implement the aforesaid decision, the Uttar Pradesh Recovery of
Damages to Public and Private Property Ordinance, 2020, (U.P. Ordinance no. 2 of
2020) was promulgated by the Governor on March 15, 2020.
This Bill is introduced to replace the aforesaid Ordinance.
——————
20