Madhya Pradesh cabinet clears law to recover damages to properties from rioters: All you need to know about legislation

-

The BJP-ruled Madhya Pradesh Cabinet gave approval to the draft of a bill, which seeks to punish those who damage public and private properties.

State home minister Narottam Mishra confirmed the same, saying that the cabinet meeting chaired by Chief Minister Shivraj Singh Chouhan on Thursday had given its nod to the proposed draft of Madhya Pradesh Lok Evam Niji Sampati Ka Nuksan Nivaran Evam Nusksani Ki Vasuli (Redressal and Recovery of Damages to Public and Private Properties) Bill 2021.

The Bill will be introduced in the winter session of the Vidhan Sabha, starting from 20 December.

Mishra said that once the proposed Bill becomes a law, it would pave the “path for recovery of damages caused to public and private properties from the protesters who caused the damages and from those who provoked protesters for causing the damage”.

Provisions of the proposed Bill

The Bill contains a provision for constituting a Claims Tribunal to determine the compensation for the damages.

The claims tribunal will be headed by a retired district judge or a retired secretary of the state government
According to Mishra, the tribunal will have all the powers of a civil court and will 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.

The Tribunal would also 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 proposed Bill also provides for the tribunal to award compensation up to the extent of two times of actual damage.

According to the draft of the MP Bill, during a trial, once the prosecution succeeds in proving that public property was damaged in direct actions called by an organisation in which the accused also participated, the court can draw a presumption that the accused is guilty of destroying public property too.

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 Bill is focused on those indulging in communal riots, hartals, protests and those who take out rallies during which property is damaged.

Following in Haryana and UP’s footsteps

Madhya Pradesh isn't the first state to come up with such a legislation.

Uttar Pradesh, run by Yogi Adityanath, and Haryana, headed by Manohar Lal Khattar, have similar legislation in place.
The UP government came out with an ordinance titled "Uttar Pradesh Recovery of Damages to Public and Private Property Act 2020" which was cleared by its Assembly in March 2021.

The ordinance was issued in the midst of protests against the Citizenship Amendment Act (CAA).

The UP law also empowers the state government to set up tribunals to decide claims for damage to property. The UP law also states once the parties are heard, the tribunal is required to give its orders within one year (and preferably within three months) directing the amount of compensation to be paid. It also states that all orders passed by the tribunals will be final and cannot be appealed before any court.

Haryana in May 2021 followed suit with the enactment of The Haryana Recovery of Damages to Property During Disturbance to Public Order Act, 2021.

The law allows the authorities to recover compensation for damage caused to both public and private properties. It states that “any person leading, organizing, planning, exhorting, instigating, participating or committing such incidents that lead to damages” is liable to pay compensation.

The legislation was ferociously opposed by the Congress, with Leader of Opposition and former Chief Minister Bhupinder Singh Hooda saying the bill violates various Supreme Court judgments on the subject. He demanded a rollback of the bill.

With inputs from agencies

Read all the Latest News, Trending News, Cricket News, Bollywood News,
India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.



from Firstpost India Latest News https://ift.tt/3se0bwk
FP Staff

Comments

Post a Comment

Popular posts from this blog

Both COVID-19 vaccine doses needed for good protection against B16172 variant

-
It’s been a concerning few weeks in the UK, with the B16172 variant first taking hold and then spreading to become dominant. This more infectious form of the virus, initially identified in India, is what we’re now going to have to live with – unless it is out-competed by another variant in the future. Worryingly, experts had predicted that B16172 might be able to escape some of the effects of vaccines, which if true would threaten to derail the UK’s plans to finish lifting restrictions from the end of June. However, Public Health England (PHE) has looked at the ability of various variants to evade immunity and says that the UK’s vaccines remain effective against the variants circulating, including B16172. On the surface, this looks like good news. But delve a bit deeper, and things get more complicated, says Paul Hunter, professor of medicine at the University of East Anglia. PHE’s research found a little drop-off in protection against B16172 among people who were fully vaccinated.
Read more

New coronavirus variant emerge in India: How should our COVID response change?

-
Image
After genome sequencing of over 10,000 COVID-19 cases in India, researchers have discovered a new variant with two new mutations which may be better at evading the immune system. In 15-20 percent of samples from the Indian state of Maharashtra (the state accounting for 62 percent of cases in the country) a new, double mutation in key areas of the virus has been detected. These are now known as the E484Q and L452R mutations. What makes the variant different? Both these mutations are concerning because they are located in a key portion of the virus – the spike protein – that it uses to penetrate human cells. Spike proteins attach via a “receptor binding domain”, meaning the virus can attach to receptors in our cells. These new mutations include changes to the spike protein that make it a “better fit” for human cells. This means the virus can gain entry more easily and multiply faster. Given what we have seen with other similar mutations , it might also make it harder for our immu
Read more

Aditya L1 Mission: Spacecraft is nearing its final phase, says ISRO chief

-
Aditya L1 spacecraft is nearing its final phase, and manoeuvres to enter the L1 point are expected to be completed by January 7, 2024, according to ISRO Chairman S Somanath. “Aditya is on the way. I think it has reached almost its final phase,” the ISRO chief told PTI on the sidelines of an event organised at VSSC to commemorate the 60th year of the First Sounding Rocket Launch. Aditya L1, India’s first space-based mission to study the Sun, was successfully launched on September 2 from the Satish Dhawan Space Centre (SDSC) in Sriharikota. The spacecraft, after travelling about 1.5 million km from Earth over 125 days, is expected to be placed in a Halo orbit around the Lagrangian point L1, considered closest to the Sun. He said that the last preparations for the spacecraft’s entry into the L1 point are currently underway incrementally.”Possibly by January 7th, the final manoeuvres will be done for entering into the L1 point,” Somanath added. Among other tasks, it will capture and tr
Read more