Madhya Pradesh Passes Bill, Would Recover Property Damages From Protestors Here On

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Madhya Pradesh Passes Bill, Would Recover Property Damages From Protestors Here On

The state government can form a claims tribunal headed by a retired district judge or a retired secretary of the state government for affected areas and relevant durations.

Madhya Pradesh government, led by Chief Minister Shivraj Singh Chouhan, passed the Damage to Public and Private Property Recovery Bill, 2021, which mandates people or organizations responsible for damaging public and private property during protests or communal riots for paying for the damage. The Bill was passed in the state assembly without any debate. During the procedure, Opposition Leader Kamal Nath staged a walkout since he was not given a chance to speak on the resolution related to the OBC reservation in the state.

Claims Tribunal To Be Formed

The Bill, represented by the Legislative Affairs Minister Narottam Mishra, allows the state government to form a 'claims tribunal' headed by the retired judge of a district court or retired secretary of the state government for the affected areas in the relevant durations. Moreover, the tribunal can also appoint a 'Claims Commissioner' to help in investigating the matter. Meanwhile, the affected parties could file a complaint within a month, NDTV reported.

If the prosecution succeeds in proving that any public or private property was damaged because of the direct actions of an organization and the accused was directly involved in those actions, the court can presume that the accused holds the responsibility of drawing the public property. Moreover, the accused would be responsible for proving his innocence from that stage of the trial. The Bill also allows for penalties from those who encourage and abet acts that damage public or private property.

Compensation Could Be Twice The Cost Of Damages

The tribunal is entitled to announce compensation worth twice the cost of the damages. If the accused fails to pay the compensation within 15 days of the announcement of the amount, he will also be liable to pay interest on the balance. The Bill allows for the seizure of assets to pay the compensation if the accused doesn't pay within 15 days. The tribunal, which would be entrusted with the same powers as that of a civil court, must decide claims within three months. Madhya Pradesh becomes the third state after Uttar Pradesh and Haryana to have such a law.

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