Bare ActsThe Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (11 of 2021)

Section 14

Amendment status not verified — confirm the current text below against the official source.

(l) The Clainrs Tribunal shall, after hearing the parties and on the basis of material available on record and the reports of the Claims Commissioner and independent valuation agency determine the liability of the person and the nronetary value of the compensation to be alvarded to each applicant. (2) The Claims Tribunal while determining each claim for compensation, shall also decide the apportionrnent of the compensation recoverable frorn amongst the persons leading, organizing, planning. exhorting, irrstigating. participating or committing the incident tlrat led to the damages. (3) The Clairns Tribunal shall. along with the award under sub-section (l). issue a certificate for recovery of danrages for the anrount so ar,varded. The Collector shall proceed to recover the amoutrt on applicatiorr for execution of the award, in the same ntanner as an arrears of land revenue: Provided that the Claims Tribunal shall not award compensation higher than the contpensation clainred by the applicant or ten crores rupees, whichever is less: Provided further tltat no person shall be liable to pay nrore than one crore rupees. (4) The Claims Tribunal may. fbr reasons to be recorded. also award exemplary damages. not exceeding the total amount of the compensation awarded for the incident of disturbarrce to public order leading to tlre danrages and such danrages shall be payable. jointly or severally. by the persons leading. organizing. planning. exhorting. instigating. participating or cornmitting the incident that led to the danrages: Provided that such exernplary damages shall be paid into the Consolidated Fund of the State. (5) The Collector shall have the power to issue an order of attachrnent of property or bank accourtt of any person against whom award has been passed by the CIaims Triburral to pay contpensatiort aud such property'or bank account shall rernain attached till the person nrakes the payment of the anrount due. HARYANA GOVT. G,^,2. (EXTRA.), APR. I, 2O2I (CHTR. II, 1942 SAKA) 9l (6) The compensation receivable on account of damages to any properfy- (i) owned by the Central Government or the State Government or on account of the cost of requisitiorr of police or paranrilitary forces fronr outside the State shall be deposited by the District Magistrate in the Consolidated Fund of the Uniorr or the State, as the case nray be; (ii) owtred by any orgarrization owned and controlled by tlre Central Government or tlre State Governnrent, shall be paid by the District Magistrate to such organizatron; (iii) owned by a conrpany, trust, universify or sociefy or a statutory board other than an organization under (ii) above. slrall be paid by the District Magistrate to such company. trust, university or society or a statutory board. as the case may be; (iv) owtred by a person other than (iii) above, shall be paid by tlre District Magistrate to such person: Provided that if any amount as compensation has been paid to the owner of any property damaged in incident (s), by the State Government or Central Govenrment or any insurance company or any other agency in this behalf, the District Magistrate shall adjust such amount frorr the amount of conrpensation to be paid; arrd the amount so adjusted shall be paid to the State Governtnent or Central Governrnent or such insurance conrpany or such other agency. (7) The Claims Tribunal ma1, while disposing of the applications for claims for compensation, may pass such orders regarding costs and expenses incurred in the proceedings, as it deerns fit.

Section 14 – The Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (11 of 2021) | DailyLaw.ai