DISTURBANCE TO PUBLIC ORDER ACT. 2O2I
(HARYANA ACT NO. I 1 OF 2021)
PART-II ORDTNANCES
NIL
PART.III DELEGATED LEGISLATION
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PART-IV CORRECTION SLIPS,REPUBLIC,{TIONS,{ND REPLACEN,IENTS
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PAGES
87-92 (xxix)
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HARYANA GOVT. GAZ. (EXTRA.), ApR. t, 202t (CHTR. lt, 1942 SAKA) 87
PART. I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The lst April,202l
No. Leg.l ll202l.- The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the lst April, 2021 and is hereby published for general information:-
HARYANA ACT NO. 11 OF 2O2I
THE HARYANA RECOVER}'OF DANIAGES TO PROPERTY DURING
DISTURBANCE TO PUBLIC ORDER ACT,2O2I
AN
ACT
to provide for recovery of damages to properties caused by persons during disturbances to public order by an assembly, lawful or unlau,ful, including riots and violent disorder andfor constitution of Claims Tribunal to determine the liability, to assess the damages caused and to ay,ard compensation in
the State of Haryana andfor matters connecled
thereytith 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:-
l. (l) This Act may be called the Haryana Recovery of Damages to Property During Shorttitle,extent Disturbance to Public Ordei Act,2O2l.and
(2) It extends to the whole of the State of Haryana. commencement'
(3) It shall come into force on such date, as the State Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,- Defrnitions
(a) "Claims Commissioner" means afl 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; (0 "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 I I 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 propefties, whose minimum value is one thousand rupees;
U) "State" means the Stateof Haryana;
(k) "State Government" means the Government of the State of Haryana in the adm in istrative department.
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88
HARYANA GOVT. GAZ. (EXTRA.), ApR. l, 202t (CHTR. il, 1942 SAKA) Inviting of
applications for
claim of
compensatlon.
Preparation of
report by
District
Magistrate
Procedure for
filing
application for
claim.
Constitution of
Claims Tribunal
Otficers/oflicials
of Clarms
Tribunal
Functions and
pO'uYerS Of
Claims Tribunal.
3.(l ) On receipt of ittforntation of danrage to any' property consequent to any disturbance to public order, the police otficer in charge of a police station shall immediately report the occurrence of the incident along with the copy of first infonnation report to the District Magistrate.
(2) On receipt of report along with copy of the first inforrration repo( under sub-section (l). the District Magistrate shall issue a publication inviting application for claims for compensation for dantages caused by persons involved in the disturbance to public order in such rnanner arrd within such tinre period. as ntay be prescribed.
4. The District Magistrate shall prepare a report on the basis of first infornratiorr report and the applications received tbr compensation for damages and subtnit the same to the State Government within such period, as may be prescribed.
5.( | ) The application for clainr for cornperlsation for daurages shall be filed along with the report of an independetrt valuation agency before the District Magistrate in such fornr, nranner and along lvith such fees. as may be prescribed r,vithin a period of fwenty-one days froln the date of pLrblication inviting applications under sub-section (2) of section 3.
(2) The claims for cotrpensation may be filed by the orvner or his legal representative to whom the damages have been caused.
(3) Itt case of property or,vned by the Central Governrnent or the State Government or any organization owned and controlled by the Cerrtral 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 ofoffice.
(4) In case of property owned b1, 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 conrpany. trust, university, society or statutory board.
(5) Tlre Cornmissiotter of Police or Superintendent of Police of the district may file an application claiming cotttpetrsatiort on account for the cost of requisitiorr of police or pararnilitary forces from outside the State for nranaging 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. notity list of independent valuation agencies. having experience in banking or insurance sector, who may submit valuation reports along with the application of clairn for compensation.
6. (l) The State Government shall, on the report submitted by the District Magistrate, ntay constitute olte or more Clainrs Triburral, 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 darnages 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 suclr irr consultation with the Chief Justice of the High Court of Punjab and Haryana and where it consists of two or more members, the other mentbers of the Clainrs Tribunal, shall be fronr anrongst the officers of the State Governnrent not below tlre rank of Additional Deputy Conrmissioner.
(3) Wlrere two or more Clairns Tribunals are constituted for any area, the State Govertrmetrt ntav. bv seneral or special order. regulate the distributiorr of business amongstthenr.
(4) The Claims Tribunal may seek assistance of persons having experience in the field of bankirrg. valuation. insurance or accourrts.
7. The State Government shall provide such number of officers/officials to the Claims Tribunal. as it may deent fit fol exercising the porvers and perfornting the function under this Act, on such terms and conditions of service. as rnay be prescribed.
8. (l) The Clainrs Tribunal slrall detenrine the liability. assess the clairns for cornpensatiorr forwarded to it and deterrnine the rnonetarl, value of the damages and on sLrch determination, award suitable cotlpensation related thereto and its apportionnrent thereof.
(2) The cornpensation so detennined shall be pa,vable. in sLrch proportion as rnay be deterlnined by the Clairns Tribunal. by the persons leading, organizing, planning, exhorting, instigating, participating or corlunitting the disturbance to public order that led to the darnages.
HARYANA GOVT. GAZ. (EXTRA.), ApR. l, 2021 (CHTR. il, 1942 SAKA) 89
9. The District Magistrate. after constitution of the Clairls TribLrnal shall submit the applications for claims for compensation for darnages received under sub-section (2) of section 3 to the Claims Tribunal for adjudication.
10. (l) The Claims Tribunal shall issue suntmorls to the persolts leadirrg. organizing, planning, exhorting. instigating. participating or committing sr.rch incident that led to damages as per the report submitted by the District Magistrate and also to the person subnritting the application for claims for compensation. mentionirrg the date and time fixed on which it shall hear the applications for claim.
(2) Iii case aiii'person to w'hoim suir'ririoiis liave been issued fails to appear before the Clairns Tribunal on the date and tirne tixed fbr hearing the application. the Claims Tribunal rnay effectthe service by publication. in such manner. as may be prescribed.
(3) The Clairns Tribunal shall proceed ex-parte against any person, who fails to appear before it inspite of service of sumllorrs under sub-section (2):
Provided tlrat a person rvho has beerr proceeded ex-parte rtray file an application for recalling the order and if he satisfies the Claims Tribunal that he was prevented by any sufficient cause fronr appearing when the order was passed or tlrat suntmons were not duly served, the Clairtrs Tribunal may set aside the order whereby such person was proceeded ex-parte.
(4) The Claims Triburral may seek a report fi'om the District Magistrate of the properfy- 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 suclr person within a period of fifteen days to the Claims Tribunal.
(5) The District Magistrate may seek infornration with regard to such property and bank accounts from the Contnrissioner of Police or the Superirrtendent of Police, as the case ntay' be. or from an officer or any bank or any otlrer Governnrent agency and such officer shall be dufy bound to provide such information. as may be available or obtained by him to the District Magistrate.
(6) The Claims Triburral on receipt of the report under sub-sectiolr (4) may proceed to issue an order ot'attachment of propefty and the bank accounts of the person concerned to compel his presence and the officer to whorn such order of attachrnerrt of property or bank account is issued shall be duty bound to cornply rvith such order imnrediately on its receipt:
Provided tlrat before proceeding for attachrnent of properfy- under this sub -section. the Claims Tribunal shall followthe procedure as provided under Order XXXVITI, rule 5 of the Code of Civil Procedure, 1908 (Central Act No.5 of 1908).
I I . The person against whom the sunrmon under section l0 has been issued by the Claims Tribunal, at or before the first hearing or within such further tirne as the Clairns 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 sectiorr 10, to file a written statement and such written staternent shall form part of the record.
12. (l) The Claims Tribunal shall not be bourrd by the procedure laid down in the Code of CivilProcedure. 1908 (Centtal ActNo.5 of 1908). br"rt 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 or.vn procedure including the fixing of places and times ofits sitting.
(7) The Clainrs Tribunal on a perusal of documents and writterr statenrents and after receiving such evidence or hearing suclt oral argurrents. as rltay be advanced shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided 'uvithirt a period of three ntonths fi'orn the date of surxllorls under sub-sectiolt (l) of section I 0.
(3) The proceedings of Clainrs Tribunal under this Act slrall. so far as it is practicable and in the itrterest ofjLrstice, be continued on day-to-da1'basis till its conclusion unless the Clairls TribLrnal finds the adjournment of the proceedings beyond the following day to be necessary for reasons to be recorded in writing.
Claims fbr
compensatron to
be forwarded to
Claims Tribunal
by District
Magistrate
Summons to
partles
Appearance of
parties and filing
of written
statement.
Procedure of
Claims Tribunal
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90
HARYANA GOVT. GAZ. (EXTRA.), ApR. l, 2021 (CHTR. il, t942 SAKA) Clarms
Commissioner
and independent
valuation
agency.
Award of
compensatlon
andits
apportronment
(4) The Claims Tribunal shall have for the purpose of discharging its functions Llnder 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 maffers. namely:-
(a) surnmoning and enforcing the attendance of any person and examining him orr oath:
(b) requiring tlre discovery and production of documents,
(c) receiving evidence on affidavlts;
(d) subject to the provisions of sections 123 and 124 of the Tndian Evidence Act, 1872 (Cerrtral Act No. I of 1872), requisitioning any public record or document or copy of such record or docunrent fronr any office:
(e) issuing conrnrissiorrs for the examination of witness or docunrents.
13. (l) The Claims Tribunal may, if it so requires. appoint one or more Claims Conttlissiotrers not below the rank of Sub-Divisional Magistrate to assist the Claims Tribunal in estintatirrg the trtonetary value of the damages caused by disturbance to public order.
(2) The Clairns Tribunal nray also engage independerrt valuation agency to assist the Claims Commissioner to assess the monetary value of damage to property.
(3) The Clairns Tribunal shall have the power to issue such directions to the Claims Comrnissioner and independent valuation agency, as it deem fit and invest them with powers to summon evidence including video, audio or other recordings froln private or public sources to assess darnage.
(4) Tlte retnutreratiotr to be paid to tlre irrdependerrt valuation agency shall be such, as rnay be determined by the State Government.
(5) The Clainrs Conrmissioner shall subrnit a report along r,vith the report of the independent valuation agency, if any, to the Claims Tribunal within such period, as may be granted by the Claims Tribunal.
14. (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.
15. The Claims Tribunal may direct that in addition to the amount of compensation, simple interest not exceeding six percent per annurx. shall also be paid.
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 errtertained unless twenty percent of the anrount of compensation so awarded by the Claims Tribunal is deposited with the Collector.
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.
18. The proceedings for conrpensation for danrages to property under tlris Act shall be in addition to and not in derogation of any criminal liability undertaken or likely to be undeftaken through crirninal proceedings. if any, before any competent court of law.
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 undersection 187 ofthe [ndian Penal Code, 1860 (Central ActNo.45 of 1860).
20. All proceedings before a Claims Tribunal shall be deenred to be judicial proceedirrgs within the meaning of clause (i) of section 2 of the Code of Criminal Procedure. 1973 (Cerrtral Act No. 2 of 1914\.
21. The Presiding Officer and otlter nrgnrbers, the Claims Conrnrissioners. and the oflcers arrd other employees provided to the Claims Tribunal shall be deemed to be public serants within the nreanitrgofsection2l oftheTndianPerral Code. 1860(Central ActNo.45of 1860). Award of interest
Appeal.
Bar of
jurisdiction.
No bar on
criminal
proceedings
General offence
Proceed in gs
before Claims
Tribunalto be
judicial
proceedings
Members and
staff of Claims
Tribunalto be
public servants
22. No suit, prosecution or other legal proceeding shall lie against any person anything which is in good faith done or intended to be done in pursuance of this made thereunder.
authorized for Protection of
Act and rules action taken in
good faith.
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92 HARYANA GOVT. GAZ. (EXTRA.), APR. t, 202t (CHTR. lt, 1942 SAKA) Powerto 23. (l) If any difficulty arises in giving effect to the provisions of this Act, the State ::L"^Y.:.,^- Government may, by notification, make such provisions, not inconsistent with the provisionsoforrrrcurtres this Act, as appear to it to be necessa,y o, .*p.dient for removing the difficulty.
(2) No order under sub-section (l) 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 (l) shall be laid, as soon as possible, before the State Legislature.
Power to make 24. The State Government may, by notification, make rules for carrying out the purposes of rules this Act.
BIMLESH TANWAR.
ADMINISTRATIVE SECRETARY TO GOVERNMENT HARYANA.
LAW AND LEGISLATIVE DEPARTME,NT.
9I33-L R -H G.P , PKI
7
Hurgunu Gsuwntrunt Gapttr
EXTRAORDINARY
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318 HARYANA GOVT. GAZ. (EXTRA.), JLrNE 28,2021 (ASAR. 7 , 1943 SAKA) [Authorised English Trans lation]
HARYANA GOVERNMENT
HOME DEPARTMENT
Notification The 28th Jwrc,2021 No. S.O. 34lH.A. lll202lls.ll2021.- In exercise of the powers conferred by sub-section (3) of Section 1 of the Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021 (l I of 2021), the Governor of Haryana hereby appoints the date of publication of the said Act in the Official Gazette to be the date for the purposes of the said sub-section.
RAJEEV ARORA,
Additional Chief Secretary to Government, Haryana, Home Department.
''-- 9218-L.R.-H..G.P., Pkl.
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