Amendment status not verified — confirm the current text below against the official source.
Power to try offences under this Act : (1) No Court inferior to that of the Court of Chief Judicial Magistrate shall try offences under this Act. (2) In case there is no Court of Chief Judicial Magistrate existing within the concerned district, the Government, in consultation with the High Court, may transfer the case to the nearest Court of Chief Judicial Magistrate for taking cognizance and trial of offences under this Act. (3) Incase, the Government resorts to any action under the sub-section (2) above, a notification to the effect that the said Court shall function as a Court of original jurisdiction shall be issued. Trial of offences under this Act : The offences under this Act shall be investigated and tried under the provisions of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) except the provisions of Section 357 of the said Code. Liability to pay compensation in certain cases : Notwithstanding anything contained in this Act or any other Law for the time being in force where an offence resulting into damage or loss to any property has been committed under this Act and such offence has been committed during any procession, assembly, meeting, agitation, demonstration or any other activity organized by an organization, society, trust, NGO, association, union or any party whether social, religious or political, it shall be presumed that the offence has also been committed by such organization, society, trust, NGO, association, union or party and such organization, society, trust, NGO, association, union or party shall be liable to pay compensation for damage or loss caused to the property that may be determined in accordance with the provisions of this Act. Claim for Compensation : (1) Any claim for compensation for damage or loss caused to any property referred to in Section 15 shall be made by - (i) any person who has been affected by such damage or loss; or (i) by Governments /authorities/bodies/institutions/persons specified in sub-clauses (i) to (x) of clause (12) of Section 2 or such persons authorized by them. (2) Every application for claim for compensation for damage or loss caused to the property shall be in such form and contain such particulars as may be prescribed. (3) Claim for compensation can be made and recovered as “Public Demand” as defined under SCHEDULE- I to the Bengal Public Demand Recovery Act, 1913 as may be determined by the competent authority under sub section (3) of section 17. Competent Authority (1) The Government shall by notification in the State Gazette constitute an authority, to be known as the competent authority for the purposes of this Act (2) The competent authority shall be headed by the Additional Deputy Commissioner of the concerned district and shall comprise such other members not exceeding two as may be prescribed. (3) The competent authority shail determine the quantum of compensation for damage or loss caused to any property by an offence under this Act. (4) Every claim for compensation for damage or loss caused to any property shall be made to the competent authority. (5) In arriving at the quantum of compensation for damage or loss caused to any property, the competent authority shall have regard to: (i) the value of the property, (ii) the extent of damage to the property; and (iii) such other matters as may be prescribed (6) Indeciding the claim for compensation, the competent authority shall follow such procedure as may be prescribed. (7) The competent authority shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of: (a) takingevidence onoath, (b) enforcing the attendance of witnesses, (c) discovery and production of documents and material objects; and (d) for such other purposes as may be prescribed. The Arunachal Pradesh Extraordinary Gazette, March 16, 2020 5 (8) The compensation amount, which shall be specified in the Damage/Loss Determination Report of the competent authority, shall be deemed as "Public Demands" in terms of SCHEDULE-I of the Bengal Public Demands Recovery Act, 1913. (9) The competent authority, on determination of the compensaticn amount, shall submit its Damage/ Loss Determination Report to Deputy Commissioner of the concerned district. (10) Upon receipt of the Damage/Loss Determination Report of the competent authority, the Deputy Commissioner of the concerned District shall recover the compensation amount as determined in the said report as if a "Public Demands" in accordance with the provisions of the Bengal Public Demands RecoveryAct, 1913.