- Recovery will be done for damage to property
- Law of recovery implemented in MP
In Madhya Pradesh, the law of recovery has come into force for damage to government and private property. The government issued its notification on Wednesday evening. Now action will be taken against those who pelt stones during picketing, riots or processions and damage government/private property under this new law and the damages will be recovered.
Let us tell you that recently in the assembly ‘Madhya Pradesh Prevention of Damage to Public and Private Property and Recovery of Damage Bill-2021’ was passed. It was introduced in the House by Home Minister Narottam Mishra but it was passed without discussion amid the uproar over OBC reservation. Now after the approval of the Governor, a notification has been issued by making it a law.
This way the recovery can be done
Under this bill, all such damage to public or private property can be recovered which has been done by communal riots, strike, bandh, demonstration, procession or group of persons. These include the property of the central government, state government, local bodies as well as cooperative institutions, companies etc.
The State Government may constitute a Claims Tribunal for such area and for such period as may fix compensation in respect of damage to public/private properties mentioned in this Bill. Retired District Judge and retired Secretary from the State Government can be appointed by the State Government in the Claims Tribunal. In case of loss of private property by the District Magistrate or Head of Office on government property, the owner of the property or the controller of the property will be able to apply to the Claims Tribunal within 30 days. The Claims Tribunal may appoint such a Claims Commissioner to assist it in the investigation of the loss. Recovery of damages can be done from the person causing the property damage as well as the abettors.
Claims Tribunals can pass awards up to 2 times of the original damages. Along with this, if the payment is not made within 15 days of passing of the award, interest and the applicant will also have the right to order recovery of the expenses incurred in the case in the Claims Tribunal. The claim tribunal will have to determine the damages or compensation within 3 months of making the application. Claims Tribunal will be able to issue a certificate to the District Collector if the amount is not deposited within 15 days from the date of declaration of the award for recovery of damages by the Claims Tribunal. The orders of the Claims Tribunal can be challenged only in the Hon’ble High Court within 90 days of the passing of the award.
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