Bare ActsThe BOMBAY POLICE ACT, 1951

Section 52

Chief Presidency Magistrate or District Magistrate to award or apportion compensation

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Chief Presidency Magistrate or District Magistrate to award or apportion compensation. (1) It shall be lawful for the District Magistrate 3[with the previous sanction of the Revenue Commissioner] to award or apportion all or any moneys recovered as compensation amount under sub-sections (3) to (8) of sec. 51 to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous bun aforesaid. (2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of notification issued by the State Government under sub-section (1) of Sec. 51 and unless Chief Presidency Magistrate or the District Magistrate is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that that person also has himself been free from blame in connection with the occurrences which led to the loss, damage, death or grievous hurt as aforesaid. (3) The compensation payable to any person under Sec. 51 in respect of death or grievous hurt shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same. (4) Every direction and order made by Chief Presidency Magistrate or the District Magistrate under this or the preceding section shall be subject to revision by the State Government, but save as aforesaid, shall be final. (5) No civil suit shall be maintainable in respect of any loss or injury for which compensation bas been granted under this section. 1 Vide Gujarat Act 15 of 1964, Sec 4 and Sch. 2 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 These words were inserted by Bombay 8 of 1958, Sec 3, Schedule. 36 Gujarat Amendment: In Sec 52, in sub-section (1) for the words “Revenue Commissioner” the words “State Government” shall be substituted.1 In Sec. 52 in sub-sections (1), (2) and (4), for “the Chief Presidency Magistrate or the District Magistrate, as the case may be” substitute “the District Magistrate” and in the marginal note, omit “Chief Presidency Magistrate or”. 2

Section 52 – The BOMBAY POLICE ACT, 1951 | DailyLaw.ai