UP promulgates 2020 UP Recovery of Damage to Public and Private Property Ordinance

The Uttar Pradesh Government passed ordinance, “Recovery of Damages to public and private property ordinance, 2020”. The ordinance aims to deal with violent acts and control its persistence. It will also provide recovery of public and private property damages.

Article 213

• The Governor of a state has powers to pass ordinance under Article 213. The Governor under the article has powers to promulgate an ordinance without permission of the President.
• The ordinance shall be promulgated only when both legislative assembly and legislative council are not in session.
• The Governor also has powers to withdraw the ordinance.
• The ordinance has to be passed by the legislative assembly as it commences after the passage of the ordinance.
• If not passed, the ordinance will cease to exist within 6 weeks of the commencement of the ordinance.
• The assembly shall also pass a resolution against the ordinance exhibiting its disagreement.

UP Recovery of Damage to Public and Private Property Ordinance, 2020

• Under the new law to recover compensation from those who damage public and private property during protests and riots.
• Compensation Claims will be decided by designated Claims Tribunals.
• The tribunals will be authorized to investigate complaints and assess the damage.
• The Claims Tribunal will be headed by a retired district judge, and its members would be of the rank of additional commissioner.
• It is empowered with all the powers of the Civil Court.
• The law states that the owner of any private property may file claims for compensation within three months of the public protests, bandhs, or riots.

PAPER-II