Property damage Act amended for transfer of proceedings


The UP Assembly on Thursday passed a Bill amending the Uttar Pradesh Recovery of Damage to Public and Private Property Act 2020 to allow “transfer of proceedings to claims tribunal on the as-is-where-is basis”.

The amendment also provided judicial discretionary power to the tribunal for the purpose of “condoning delays in filing of claims petitions, to take suo motu cognizance of the case and to provide compensation to the persons injured during hartal, bandh, riots, public commotion.”

In the statement of objects and reasons for presenting the Bill, the government cited that the UP Recovery of Damage to Public and Private Property Act of 2020 was enacted “to deal with all acts of violence at public places and to control its persistence and escalation and to provide for recovery of damage to public or private property… and constitution of claims tribunals to investigate the damages caused and to award compensation”.

“However, it was observed that in order to transfer proceedings, in relation to recovery of damage to public or private property or personal injury… undertaken in pursuance of the government order prior to the enforcement of the aforesaid Act, it became necessary to amend the existing Act,” it added.

Another significant Bill that was tabled in the Assembly was “The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2022. It proposes an amendment in section 438 of the Code of Criminal Procedure, 1973 in relation to Uttar Pradesh. The section defines the powers of the high court or session court to give anticipatory bail. “In pursuance of zero-tolerance policy towards crimes against women and children, to ensure prompt collection of biological evidence in sexual offences, to prevent such biological evident from being annihilated, to minimise the possibility of destruction of relevant evidence and to restrain the accused from causing fear or coercion to the victim or witness, it has been decided to amend section 438 of the code of criminal procedure, 1973 in its application to the state of Uttar Pradesh,” the government said.

Under the amendment, crimes under the Protection of Children from Sexual Offences Act, 2012 (POCSO), relating to rape would be “in the exceptions to the provision of anticipatory bail”.