KP Act 50Chapter V · Special Measures For Maintenance Of Public Order And Safety Of State

Section 50 · Compensation for injury caused by unlawful assembly how recoverable

(1)

When any loss or damage is caused to any property, or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Government may, by notification in the official Gazette, specify,-

(a)

the area (hereinafter called "the disturbance area") in which in its opinion such unlawful assembly was held; and

(b)

the date on which or the period during which such unlawful assembly was held.

(2)

The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.

(3)

On the issue of a notification under sub-section (1), the District Magistrate may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.

(4)

The District Magistrate may require,-

(a)

in any disturbance area, which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority;

(b)

in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District or any other authority, to recover the amount (hereinafter called "the compensation amount") as determined under sub-section (3) either in whole or in part, and where the municipal body is required to recover such amount, an additional sum not exceeding three per cent of the compensation amount (hereinafter referred to as "the municipal recovery cost") generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as the District Magistrate may direct.

(5)

(i)

The District Magistrate may require the municipal body concerned to recover the compensation amount and the municipal recovery cost by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal body concerned from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the relevant municipal Act. Such addition shall be a charge along with the general or property tax on the properties in the area aforesaid.

(ii)

The District Magistrate may also require the municipal body concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct.

(6)

Where a municipal body makes a default in imposing and levying any such tax or in making any such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery.

(7)

Every amount recoverable by the Deputy Commissioner of the Revenue District or other authority under this section, shall be recoverable as if it were an arrear of land revenue.

(8)

Out of the total amount recovered by the municipal body under sub-section (5) or (6), the proportionate amount of the municipal recovery cost shall be deducted from and the amount not exceeding the compensation amount determined by the District Magistrate under sub-section (3), shall be paid to him for the payment of compensation to the persons entitled thereto, and the balance, if any, shall be credited to the Municipal Fund constituted under the relevant municipal Act. Such amount shall be paid to the District Magistrate, every three months.

(9)

It shall be lawful for the District Magistrate, by order to exempt any person from liability to pay any portion of the compensation amount.

(10)

The Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of a District Magistrate, granting or refusing to grant an exemption thereunder, set aside or modify such order.Explanation. - In this section the expression "inhabitants" when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.

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