(xxix)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 55-2021/Ext.]

CHANDIGARH, THURSDAY, APRIL 1, 2021

(CHAITRA 11, 1942 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PAGES

PART-I

ACTS

THE HARYANA RECOVERY OF DAMAGES TO PROPERTY DURING

87—92

DISTURBANCE TO PUBLIC ORDER ACT, 2021

(HARYANA ACT NO. 11 OF 2021)

PART-II

ORDINANCES

NIL

PART-III

DELEGATED LEGISLATION

NIL

PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 1st April, 2021

No. Leg.11/2021.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 1st April, 2021 and is hereby published for general

information:-

HARYANA ACT NO. 11 OF 2021

THE HARYANA RECOVERY OF DAMAGES TO PROPERTY DURING

DISTURBANCE TO PUBLIC ORDER ACT, 2021

ACT

to provide for recovery of damages to properties caused by persons during

disturbances to public order by an assembly, lawful or unlawful,

including riots and violent disorder and for constitution of

Claims Tribunal to determine the liability, to assess the

damages caused and to award compensation in

the State of Haryana and for matters connected

therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the

Republic of India as follows:-

(1)

This Act may be called the Haryana Recovery of Damages to Property During

Disturbance to Public Order Act, 2021.

(2)

It extends to the whole of the State of Haryana.

(3)

It shall come into force on such date, as the State Government may, by notification,

appoint.

Short title, extent

and

commencement.

In this Act, unless the context otherwise requires,-

(a)

“Claims Commissioner” means an officer designated as such by the State

Government, who shall not be below the rank of Sub-Divisional Magistrate;

(b)

“Claims Tribunal” means the Claims Tribunal constituted under section 6 of this

Act;

(c)

“damages” means loss, injury or deterioration caused by any act or omission by any

person to property of Central Government or State Government or another person

during disturbance to public order;

(d)

“disturbance to public order” means disturbance caused by an assembly, lawful or

unlawful and includes a riot, revolt or violent disorder;

(e)

“independent valuation agency” means an agency as notified by the State

Government under sub-section (6) of section 5 for the purposes of this Act;

(f)

“legal representative” means a person who in law represents the estate of a

deceased person and includes any person who intermeddles with the estate of the

deceased and where a party sues or is sued in a representative character, the person

on whom the estate devolves on the death of the party so suing or sued;

(g)

“member” means the member of the Claims Tribunal including its Presiding

Officer;

(h)

“person” shall have the same meaning as defined under section 11 of the Indian

Penal Code, 1860 (Central Act No. 45 of 1860);

(i)

“property” includes immoveable and moveable properties of all kinds including

vehicles, livestock, jewellery, goods and such like properties, whose minimum

value is one thousand rupees;

(j)

“State” means the State of Haryana;

(k)

“State Government” means the Government of the State of Haryana in the

administrative department.

Definitions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

Inviting of

applications for

claim of

compensation.

(1)

On receipt of information of damage to any property consequent to any disturbance

to public order, the police officer in charge of a police station shall immediately report the

occurrence of the incident along with the copy of first information report to the District Magistrate.

(2)

On receipt of report along with copy of the first information report under sub-section (1),

the District Magistrate shall issue a publication inviting application for claims for compensation

for damages caused by persons involved in the disturbance to public order in such manner and

within such time period, as may be prescribed.

Preparation of

report by

District

Magistrate.

The District Magistrate shall prepare a report on the basis of first information report and the

applications received for compensation for damages and submit the same to the State Government

within such period, as may be prescribed.

Procedure for

filing

application for

claim.

(1)

The application for claim for compensation for damages shall be filed along with the

report of an independent valuation agency before the District Magistrate in such form, manner and

along with such fees, as may be prescribed within a period of twenty-one days from the date of

publication inviting applications under sub-section (2) of section 3.

(2)

The claims for compensation may be filed by the owner or his legal representative to

whom the damages have been caused.

(3)

In case of property owned by the Central Government or the State Government or

any organization owned and controlled by the Central Government or the State Government, the

claim for compensation shall be filed by the head of office or any officer authorized in this regard

by the head of office.

(4)

In case of property owned by a company, trust, university, society or a statutory

board, the claim for compensation shall be filed by the officer authorized in this regard by such

company, trust, university, society or statutory board.

(5)

The Commissioner of Police or Superintendent of Police of the district may file an

application claiming compensation on account for the cost of requisition of police or paramilitary

forces from outside the State for managing the disturbances to public order where such disturbance

to public order has led to damages.

(6)

The State Government shall, by notification in the Official Gazette, notify list of

independent valuation agencies, having experience in banking or insurance sector, who may

submit valuation reports along with the application of claim for compensation.

Constitution of

Claims Tribunal.

(1)

The State Government shall, on the report submitted by the District Magistrate, may

constitute one or more Claims Tribunal, by notification in the Official Gazette, for such incident

and for such jurisdiction, as may be specified in the notification, for the purpose of adjudicating

upon application for claims for compensation for damages and to perform the functions assigned to

it under this Act.

(2)

The Claims Tribunal shall be presided over by a person from amongst the Haryana

Superior Judicial Services to be designated as such in consultation with the Chief Justice of the

High Court of Punjab and Haryana and where it consists of two or more members, the other

members of the Claims Tribunal, shall be from amongst the officers of the State Government not

below the rank of Additional Deputy Commissioner.

(3)

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 amongst them.

(4)

The Claims Tribunal may seek assistance of persons having experience in the field

of banking, valuation, insurance or accounts.

Officers/officials

of Claims

Tribunal.

The State Government shall provide such number of officers/officials to the Claims

Tribunal, as it may deem fit for exercising the powers and performing the function under this Act,

on such terms and conditions of service, as may be prescribed.

Functions and

powers of

Claims Tribunal.

(1)

The Claims Tribunal shall determine the liability, assess the claims for compensation

forwarded to it and determine the monetary value of the damages and on such determination,

award suitable compensation related thereto and its apportionment thereof.

(2)

The compensation so determined shall be payable, in such proportion as may be

determined by the Claims Tribunal, by the persons leading, organizing, planning, exhorting,

instigating, participating or committing the disturbance to public order that led to the damages.

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

The District Magistrate, after constitution of the Claims Tribunal shall submit the

applications for claims for compensation for damages received under sub-section (2) of section 3

to the Claims Tribunal for adjudication.

Claims for

compensation to

be forwarded to

Claims Tribunal

by District

Magistrate.

10.

(1)

The Claims Tribunal shall issue summons to the persons leading, organizing,

planning, exhorting, instigating, participating or committing such incident that led to damages as

per the report submitted by the District Magistrate and also to the person submitting the

application for claims for compensation, mentioning the date and time fixed on which it shall hear

the applications for claim.

(2)

In case any person to whom summons have been issued fails to appear before the

Claims Tribunal on the date and time fixed for hearing the application, the Claims Tribunal may

effect the service by publication, in such manner, as may be prescribed.

(3)

The Claims Tribunal shall proceed ex-parte against any person, who fails to appear

before it inspite of service of summons under sub-section (2):

Provided that a person who has been proceeded ex-parte may file an application for

recalling the order and if he satisfies the Claims Tribunal that he was prevented by any sufficient

cause from appearing when the order was passed or that summons were not duly served, the

Claims Tribunal may set aside the order whereby such person was proceeded ex-parte.

(4)

The Claims Tribunal may seek a report from the District Magistrate of the property

owned by the person who have been proceeded ex-parte and the District Magistrate shall furnish a

report of the property owned by and details of bank accounts of such person within a period of

fifteen days to the Claims Tribunal.

(5)

The District Magistrate may seek information with regard to such property and

bank accounts from the Commissioner of Police or the Superintendent of Police, as the case may

be, or from an officer or any bank or any other Government agency and such officer shall be duty

bound to provide such information, as may be available or obtained by him to the District

Magistrate.

(6)

The Claims Tribunal on receipt of the report under sub-section (4) may proceed to

issue an order of attachment of property and the bank accounts of the person concerned to compel

his presence and the officer to whom such order of attachment of property or bank account is

issued shall be duty bound to comply with such order immediately on its receipt:

Provided that before proceeding for attachment of property under this sub –section,

the Claims Tribunal shall follow the procedure as provided under Order XXXVIII, rule 5 of the

Code of Civil Procedure, 1908 (Central Act No.5 of 1908).

Summons to

parties.

11.

The person against whom the summon under section 10 has been issued by the Claims

Tribunal, at or before the first hearing or within such further time as the Claims Tribunal may

allow, which shall not be later than twenty-one days from the date of service of summons or

publication under sub-section (2) of section 10, to file a written statement and such written

statement shall form part of the record.

Appearance of

parties and filing

of written

statement.

12.

(1)

The Claims Tribunal shall not be bound by the procedure laid down in the Code of

Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be guided by the principles of natural

justice and subject to the other provisions of this Act and rules made thereunder. The Claims

Tribunal shall have power to regulate its own procedure including the fixing of places and times

of its sitting.

(2)

The Claims Tribunal on a perusal of documents and written statements and after

receiving such evidence or hearing such oral arguments, as may be advanced shall decide every

application made to it as expeditiously as possible and ordinarily every application shall be

decided within a period of three months from the date of summons under sub-section (1) of

section 10.

(3)

The proceedings of Claims Tribunal under this Act shall, so far as it is practicable

and in the interest of justice, be continued on day-to-day basis till its conclusion unless the Claims

Tribunal finds the adjournment of the proceedings beyond the following day to be necessary for

reasons to be recorded in writing.

Procedure of

Claims Tribunal.

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

(4)

The Claims Tribunal shall have for the purpose of discharging its functions under

this Act the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908

(Central Act No. 5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a)

summoning and enforcing the attendance of any person and examining him

on oath;

(b)

requiring the discovery and production of documents;

(c)

receiving evidence on affidavits;

(d)

subject to the provisions of sections 123 and 124 of the Indian Evidence

Act, 1872 (Central Act No. 1 of 1872), requisitioning any public record or

document or copy of such record or document from any office;

(e)

issuing commissions for the examination of witness or documents.

Claims

Commissioner

and independent

valuation

agency.

13.

(1)

The Claims Tribunal may, if it so requires, appoint one or more Claims

Commissioners not below the rank of Sub-Divisional Magistrate to assist the Claims Tribunal in

estimating the monetary value of the damages caused by disturbance to public order.

(2)

The Claims Tribunal may also engage independent valuation agency to assist the

Claims Commissioner to assess the monetary value of damage to property.

(3)

The Claims Tribunal shall have the power to issue such directions to the Claims

Commissioner and independent valuation agency, as it deem fit and invest them with powers to

summon evidence including video, audio or other recordings from private or public sources to

assess damage.

(4)

The remuneration to be paid to the independent valuation agency shall be such, as

may be determined by the State Government.

(5)

The Claims Commissioner shall submit a report along with the report of the

independent valuation agency, if any, to the Claims Tribunal within such period, as may be granted

by the Claims Tribunal.

Award of

compensation

and its

apportionment.

14.

(1)

The Claims 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 monetary value of the compensation to be awarded to

each applicant.

(2)

The Claims Tribunal while determining each claim for compensation, shall also

decide the apportionment of the compensation recoverable from amongst the persons leading,

organizing, planning, exhorting, instigating, participating or committing the incident that led to the

damages.

(3)

The Claims Tribunal shall, along with the award under sub-section (1), issue a

certificate for recovery of damages for the amount so awarded. The Collector shall proceed to

recover the amount on application for execution of the award, in the same manner as an arrears of

land revenue:

Provided that the Claims Tribunal shall not award compensation higher than the

compensation claimed by the applicant or ten crores rupees, whichever is less:

Provided further that no person shall be liable to pay more than one crore rupees.

(4)

The Claims Tribunal may, for reasons to be recorded, also award exemplary

damages, not exceeding the total amount of the compensation awarded for the incident of

disturbance to public order leading to the damages and such damages shall be payable, jointly or

severally, by the persons leading, organizing, planning, exhorting, instigating, participating or

committing the incident that led to the damages:

Provided that such exemplary damages shall be paid into the Consolidated Fund of

the State.

(5)

The Collector shall have the power to issue an order of attachment of property or

bank account of any person against whom award has been passed by the Claims Tribunal to pay

compensation and such property or bank account shall remain attached till the person makes the

payment of the amount due.

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

(6)

The compensation receivable on account of damages to any property-

(i)

owned by the Central Government or the State Government or on account of

the cost of requisition of police or paramilitary forces from outside the State

shall be deposited by the District Magistrate in the Consolidated Fund of the

Union or the State, as the case may be;

(ii)

owned by any organization owned and controlled by the Central

Government or the State Government, shall be paid by the District

Magistrate to such organization;

(iii)

owned by a company, trust, university or society or a statutory board other

than an organization under (ii) above, shall be paid by the District

Magistrate to such company, trust, university or society or a statutory board,

as the case may be;

(iv)

owned by a person other than (iii) above, shall be paid by the 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 Government or any insurance company or any other agency in this

behalf, the District Magistrate shall adjust such amount from the amount of

compensation to be paid; and the amount so adjusted shall be paid to the

State Government or Central Government or such insurance company or

such other agency.

(7)

The Claims Tribunal may while disposing of the applications for claims for

compensation, may pass such orders regarding costs and expenses incurred in the proceedings, as

it deems fit.

15.

The Claims Tribunal may direct that in addition to the amount of compensation, simple

interest not exceeding six percent per annum, shall also be paid.

Award of interest.

16.

Any person aggrieved by the award passed by the Claims Tribunal may file an appeal

before the High Court of Punjab and Haryana:

Provided that no appeal shall be entertained unless twenty percent of the amount of

compensation so awarded by the Claims Tribunal is deposited with the Collector.

Appeal.

17.

No Civil Court shall have jurisdiction to entertain any question relating to the claim for

compensation and no injunction shall be granted by any Civil Court in respect of anything which

is done or intended to be done by or under this Act.

Bar of

jurisdiction.

18.

The proceedings for compensation for damages to property under this Act shall be in

addition to and not in derogation of any criminal liability undertaken or likely to be undertaken

through criminal proceedings, if any, before any competent court of law.

No bar on

criminal

proceedings.

19.

Whoever, being bound by this Act fails to render or furnish assistance to the Claims

Tribunal or the District Magistrate in execution of his duty under this Act, shall be punishable for

offence under section 187 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

General offence.

20.

All proceedings before a Claims Tribunal shall be deemed to be judicial proceedings

within the meaning of clause (i) of section 2 of the Code of Criminal Procedure, 1973

(Central Act No. 2 of 1974).

Proceedings

before Claims

Tribunal to be

judicial

proceedings.

21.

The Presiding Officer and other members, the Claims Commissioners, and the officers and

other employees provided to the Claims Tribunal shall be deemed to be public servants within the

meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

Members and

staff of Claims

Tribunal to be

public servants.

22.

No suit, prosecution or other legal proceeding shall lie against any person authorized for

anything which is in good faith done or intended to be done in pursuance of this Act and rules

made thereunder.

Protection of

action taken in

good faith.

HARYANA GOVT. GAZ. (EXTRA.), APR. 1, 2021 (CHTR. 11, 1942 SAKA)

Power to

remove

difficulties.

23.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State

Government may, by notification, make 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

years from the commencement of this Act.

(3)

Every order made under sub-section (1) shall be laid, as soon as possible, before the

State Legislature.

Power to make

rules.

24.

The State Government may, by notification, make rules for carrying out the purposes of

this Act.

BIMLESH TANWAR,

ADMINISTRATIVE SECRETARY TO GOVERNMENT HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

9133—L.R.—H.G.P., Pkl.