Maharashtra Police Act 1951
Section 51 :
Compensation for injury caused by unlawful assembly, how recoverable, date to be fixed for liability :
1.[(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 District Magistrate may by order, specify,-
(a) the area (hereinafter called “the disturbance area”) in which in his opinion such unlawful assembly was held;
(b) the date on which or the period during which such unlawful assembly was held.]
(2) The decision of the 2.[District Magistrate] under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the 3.[issue of an order 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 4.[District Magistrate], as the case may be, may require,-
(a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, 5.[or any other authority authorized by the Collector];
(b) in any disturbance area which is within the limits of Municipality, the municipality, the 5.[or any other authority authorized by the Collector]; and
(c) in any disturbance area which is outside the area specified in clauses (a) and (b) 6.[any authority authorized by the Collector], 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 Commissioner or the Municipality 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 costs”), generally from all persons who were inhabitants to the disturbance area 7.[or the members of the unlawful assembly as specified in sub-section (1) or specially from any particular section or sections or class or classes of such persons and in such proportion as] the District Magistrate may direct.
8.[(4A) If the District Magistrate observes that the amount of compensation as determined under sub-section (3), either in whole or in part is to be recovered from persons or section or sections or class or classes of such persons are inhabitants of the area, which is beyond the area of his jurisdiction, the District Magistrate, shall send the information along with his report, to the District Magistrate of the district in whose jurisdiction such persons or section or sections or class or classes of such persons are residing to recover the amount from them. On receiving such information the District Magistrate of such area shall recover the amount of compensation in the manner as provided under this section.]
(5) (i) The 9.[District Magistrate], may require the Municipal Commissioner or the Municipality 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 Commissioner or the Municipality 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 10.[District Magistrate], may also require the Municipal Commissioner or the Municipality 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 Commissioner or a Municipality makes a default in imposing and levying any such tax or in making any such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery.
(7) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.
(8) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (5) or (7) whether before or after the coming into operation of this Act, the proportionate amount of the municipal recovery cost shall be deducted therefrom and the amount not exceeding the compensation amount determined by the 10.[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 10.[District Magistrate], every three months.
(9) It shall be lawful for the 11.[District Magistrate] by order to exempt any persons from liability to pay any portion of the compensation amount.
(10) The State Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from date of the order of the 12.[District Magistrate], granting or refusing to grant an exemption thereunder, set aside or modify such order.
13.[(11) The provisions of this section shall be in addition to and not in derogation of the provisions of any other law for the time being in force.]
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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1. Substituted by Maharashtra Act 2 of 2009, Section 2(a) (w.e.f. 23-10-2008).
2. Substituted for the words ‘State Government’ by Maharashtra Act 2 of 2009, Section 2(b), (w.e.f. 23-10-2008).
3. Substituted for the words ‘issue of a notification under sub-section (1), the Chief Presidency Magistrate in Greater Bombay, and the District Magistrate, in district, with the previous sanction of the Revenue Commissioner,’ by Maharashtra Act 2 of 2009, Section 2(c).
4. Substituted for the words ‘Chief Presidency Magistrate or the District Magistrate’ by Maharashtra Act 2 of 2009 Section 2(d)(i), (w.e.f. 23-10-2008).
5. Substituted for the words ‘the Collector or any other authority’ by Maharashtra Act 2 of 2009, Section 2(d)(ii), (w.e.f. 23-10-2008).
6. Substituted for the words ‘the Collector or any other authority’ by Maharashtra Act 2 of 2009, Section 2(d)(iii), (w.e.f. 23-10-2008).
7. Substituted for the words ‘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 Chief Presidency Magistrate or’ by Maharashtra Act 2 of 2009, Section 2(d)(iv), (w.e.f. 23-10-2008).
8. Inserted by the Maharashtra Act 2 of 2009, Section 2(e), (w.e.f. 23-10-2008).
9. Substituted for ‘Chief Presidency Magistrate, or the District Magistrate, as the case may be’ by Maharashtra Act 2 of 2009, Section 2(f)(i), (w.e.f. 23-10-2008).
10. Substituted for ‘Chief Presidency Magistrate, or the District Magistrate, as the case’ may be’ by Maharashtra Act 2 of 2009 Section 2(f)(ii), (w.e.f. 23-10-2008).
11. Substituted for the word ‘Chief Presidency Magistrate, or the District Magistrate, as the case may be’ by Maharashtra Act 2 of 2009 Section 2(h), (w.e.f. 23-10-2008).
12. substituted for the word ‘Chief Presidency Magistrate, or the District Magistrate, as the case may be’ by Maharashtra Act 2 of 2009 Section 2(i), (w.e.f. 23-10-2008).
13. Inserted by Maharashtra Act 2 of 2009, Section 2(j), (w.e.f 28-10-2008).
