BHOPAL : State cabinet, on Thursday, gave approval to the draft on ‘The Prevention of Damage to Public and Private Property and Recovery of Damage Bill, 2021’ to punish those who damage public and private properties, according to Home minister Narottam Mishra.
“Two tribunals –criminal tribunal and claim tribunal--will be constituted. Claim tribunal will be given power of civil court, according to CrPC,1908. The damage caused by acts like communal riots, strike, bandh, demonstration, march, procession, blocking of road traffic or any such damage caused by a person or group of persons, will be determined by the Claims Tribunal.”
He further said, “The Tribunal will have all the powers of a civil court. Apart from recovery of the amount, criminal cases can be registered separately. The designated ‘Claims Tribunals’ will be authorised to investigate complaints and assess the damage. The chairperson of the Claims Tribunal would be a retired district judge.”
The Claims Tribunal would have the power to attach the property of respondents and publicise their names, addresses and photographs to warn the public against purchasing the property. The Tribunal will also have all the powers of a civil court for the purpose of taking evidence on oath and enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects, he added. As per the other provisions of the draft, retired judge of district and sessions court or retired secretary of state government will be appointed in the claim tribunal.
In case of public property damage, the district magistrate while in case of private property, the landlord will apply within 30 days in a claim tribunal which may appoint a tribunal commissioner for settlement.
The award passed by the claim tribunal will be recovered from those who are held directly responsible for damaging properties and even from those who are found guilty of abetment for damaging properties. Within 15 days of award, if it is not paid, It will be recovered with interest.
The claim tribunal which will have power to pass the award double the value of damaged properties, will also enjoy the power for recovery of expenses. Award can be challenged in the High Court within 90 days.
