During strike, riots and protests in UP, property damage will be compensated by miscreants and protesters… Bill passed
The UP Assembly passed a bill on Thursday (22 September 2022) amending the Uttar Pradesh Recovery of Damage to Public and Private Property Act 2020. According to this bill, miscreants and protesters will be compensated for property damage during strike, bandh, riot and protest. The Yogi Adityanath government is going to make the law more strict as well as increase the powers of the Claims Tribunals to compensate the rioters. Along with this, the Yogi government has made many important recommendations to crack down on miscreants who damage government and private properties. Under which the expenses of the police and administration engaged in handling the incident and restoring law and order will also be added along with the compensation of public or private property during the violence.
Right of Claims Authorities to take suo motu cognizance: The Uttar Pradesh Public and Private Property Damage Recovery (Amendment) Bill, 2022 allows transfer of proceedings to claims authorities on an as is where is basis. Apart from this, the powers of the Claims Authority will also be increased. The amendment gave judicial discretionary power to the tribunal to condone delay in filing claim petitions, to take suo motu cognizance of the matter and to provide compensation to persons injured during strike, bandh, riots, public uproar.
Prosecution on the instigators: Now in case of disturbance during any demonstration or dharna, those who organize that event will also be made accused. Those instigating the disturbance will also be prosecuted. A petition can be presented before the Claims Authority for three years instead of three months. Along with this, the claims authority is also set to be empowered to give additional time to the petitioner.
While discussing the objectives of introducing the bill, the government said that the UP Recovery of Damage to Public and Private Property Act 2020 was brought in to deal with violence in public places. However, it is necessary to amend the existing Act to transfer the proceedings with respect to recovery of damages caused to public or private property in pursuance of a Government order prior to the commencement of the above Act.
