The East Punjab Damaged Areas Act, 1949

as 1949 : East Pb. Act X.] DAMAGED AREAS 397 THE EAST PUNJAB DAMAGED AREAS ACT, 1949. TABLE OF CONTENTS, ‘SEC1IONS, 1. 2. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19, 20. 21. Short title, extent and commencement. Definitions. Power to declare areas to be damaged. areas. Power to add to, amend or vary the provisions of the Munici- pal Act, and the Towns Act for purposes of damaged areas, . Power to make orders in respect of damaged areas in urban areas. Power to make retrospective notifications and orders. Possession of debris and salved property pending its dis- posal. Record of debris and salved property to be prepared. Power to sell salved property in certain cases. Power to dispose of debris. Appointment of Claims Commissioners. | Claims to salved property. — Power of Claims Commissioner tu dispose of claims and restore salved property. Claims Commissioner to be a court for certain purposes. Power to impose fines and award compensation in respect of frivolous claims. Certain persons to be public servants. Power to dispose of unclaimed property. General indemnity. Indemnity in respect of action under this Act. Saving as to orders. Powers to make rules. 1949 : East Pb. Act X.] DAMAGED AREAS 399 1THE EAST PUNJAB DAMAGED AREAS ACT, 1949 EAsT PunyAB Act No. X of 1949. [Received the assent of His Exceellncy the Governor the 9th April, 1949, and was first published in the. East Punjab Government G i TP april 11, 1949. azette (Extraordinary) 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949 x The East Punjab | Amended in part by the Adaptation oo Areas Act, | of Laws Order, 1950. Amended by the Punjab Reorganisation . (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 68. An Act to provide for salvage and disposal of property and clearance of debris in riot-stricken urban areas. 1. (1) This Act may be called the East Punjab Shorttitle, extent and Commence- Damaged Areas Act, 1949. ment. (2) It extents to all urban areas in 2[{Union Territory of Chandigarh]. | (3) This section and sections 2 and 3 shall come into force at once; and the [Central Government] may, by noti- fication, direct that the other provisions of this Act or any provision thereof specified in the notification, shall come into force in any urban area on such date as it may by notification appoint. 1For Statement of Objects and Reasons, see East Punjab Government Gazette ( Extraordinary), 1949, page 54-G ; for proceedings in the Assembly, see East Punjab Legislative RY ly Debates, Volume III, 1949, pages (20) 46 to (20) 47. 2Substituted for the word “Punjab” by the Punjab Reorganisation (Chandigarh) ( Adaptation of Laws on State and Concurrent Subjects) Order, 1968. Substituted for the words “State Government” by ibid. 400 DAMAGED AREAS [1949 - East Pb. Act x Definitions. 2. In this Act, unless there is anything repugnant 7 the subject or context,— a) “building” means a building as defined ip Sub. (a) section (2) of section 3 of the Punjab Munigi. pal Act, 1911 (hereinafter referred to ag the Pai Municipal Act); of lt (b) “damaged area” means any area Which is fo, the time being declared by notification under section 3, to be a damaged area; (c) “debris”? means any building material of 4 building in a damaged area, which has beep destroyed, damaged or demolished since the 3rd of March, 1947, or which may be destroyed, damaged or demolished after the date of the notification under section 3 in repect thereof, but it does not include the building material of such portion of any b..ilding as is Substantially intact ; (d) “Municipality” means a municipality as de- Pun fined in sub-section (9) of section 3 of the Act, Ill Punjab Municipal Act: of I9Il. (e) “prescribed” means prescribed by rules under this Act; | (f) “small town” means a small town as defined in clause (e) of section 2 of the Punjab Small punj Towns Act (hereinafter referred to. as the “a ‘ Towns Act): “a (g) “‘Salved property’’ means any- moveable pro- perty other than debris, which has been salved, recovered or removed from any damaged area since the 3rd of March, 1947, under the orders of the [Central Government], a loca authority or any other competent authority and which is lying undisposed of on the date of the notif ication under section 3, or any other a _ ee 1Substituted for ths word « State G ” i eorganisation (Chandigarh) (Adaptation of Laws on State ‘and Conou ais tet) Order 1968. 1949 : East Pb. Act X,] DAMAGED AREAS 401 after or any other property which may b clared to be salved property by the ‘Cen'ral Government] by notification ; and , 66 99 ° 8 (f) “urban area” means any area administered by a municipal committee, a town committee or a notified area committee. 3. The *[Central Government] may, by notification, Power to declare declare any urban area or any portion thereof to be a oreng, (© De damaged damaged area, and may, in the like manner, addto,amend, vary or rescined any such notification. 4. (1) The ‘[Central Government] may, by notifi- Power to add to, . ~~ amend or vary the cation, declare that Provisions of the Municipal Act and Pune (a) the provisions of the Municipal Act, for pur- tie Towns eae Ili of poses of its application to the damaged area of areas. 1911, any urban area other than a Small Town ; Punjab “ee (6) the provisions of the Towns Act, for purposes of 7 ° . 1922, of its application to the damaged area of any Small Town ;. shall be added to, amended or varied in such manner as may be specified in the notification. (2) On the issue of a notification under ‘sub-section (1) , the provisions of the Municipal Act or the Towns Act, as the case may be, shall, for the purposes aforesaid, be deemed to have been added to, amended or varied in the manner specified in the notification. : ats ' Power to make 5. (1) When on the issue of a notification under the Power respekt last preceding section, any provision of the Towns Act damaged areas. in eases to have effect in the damaged area of a Small Town, urban areas. . or any provision of the Municipal Act ceases to have effect in the damaged area of any other urban area, the Central Government] may, without prejudice to any power W 7 it may exercise under the last preceding section, _ orders in place of or in substitution for the said provisio of the Municipal Act or the Towns Act. : ‘ ”" Punjab Reorganisation Substitut the words “State Government” by the f ; (Chandigarh) (Adaptation of Laws on State and Conceurrent Subjects) Order, 1968 402 DAMAGED AREAS [1949 : East pp. Act y (2) All orders made under sub-section (1) shay . published by notification, and shall on such Publica € have effect in the damaged area concerned ag if On ena in the Municipal Act or the Towns Act, as the case may bed (3) Any order which has effect as if enacted in th Municipal Act shall be deemed to be a provision of the said Act, for the purposes of its extension to the dama a arca of any notified area under clause (f) of sub-section (J) of section 242 of the said Act. P to mak : ae retrdspective eee 6. The [Central Government] may direct that any fication and orders. notification issued under sub-section (/) of section 4 or order made under sub-section (1) of section 5 shal] have effect from a date not earlier than the 3rd day of March, 1947, and such notification or order shall take effect accordingly. feb ey ive 7. (1) The '[Central Government] may prescribe the Property pending its authority In whom and the manner in which possession of disposal. any debris or salved property shall vest pending its disposal In accordance with or under the provisions of this Act. (2) Any person in possession of debris or salved property not belonging to him, otherwise than in accordance with the provisions of sub-section (1) shall forthwith re- port the fact to the Magistrate of the District and shall deposit such Property in such manner as may be pres- (3) Whoever contravenes the provisions of sub-, section (2) shall be deemed to have committed an offence of Ht punishable under section 403 of the Indian Penal Code. Record of debris 8. (J) The [Centra] and salved property to be prepared. " Cause to be prepared records in Writing with such _ preci- (2) An entry made in a in accord- ance with or under the record prepared i esum he contrary is proved or a neW entry is lawfully substituted thereof. P a Substituted for the words ° tion ; “Stat : ”» jab Reorganis4 (Chandigarh) (Adaptation of Laws State tument by the | Punjab R on State and Conurrent Subjects) Order, 1968. C lo V joA 2001 VIX JOA 0931 Ta 1949 : East Pb. Act X,] DAMAGED AREAS 403 (3) A record prepared under sub-sectio on its completion, be open to inspection by t such manner as may be prescribed by the ment] and the District Magistrate shal] c of the date of its completion to be gi places in the urban area in which the which it relates is situate. n (J) shall, he public, in [Central Govern- ause public notice ven at convenient damaged area to iG a Te Gitp urli weet rh OF oolin yo We (1), The [Central Governments]! or any: ‘authority Power to sell salved empowered ,in, this) behalf: by ther 1iCenthal’ GFbverwAepit] Property in certain may;n dy, general) or ospdciabdtden; dirdotl4¢Hat anWogai ved ees property which isisibjectitorpeedy croretarat decd ‘ail an; antry relating cid ywhich: hash been, incolporated i record) prepeded junden ihe last ipracediagicl yeotitn ataibes saldiy 0} noe1sq ol} Jenisgs so1oine o} wal lo ees.01q sub (2) phe details of any Sah leaig att ite he rice ae robe by, Yt € Prapert $0 Id shall LE ine conporatedsin the -ciramod — emnisid yoo 8 od of 1en0i2 soe ody anio1oln9 ‘10 a1owog omise on} over Ieee TOMOTZ2LM ss.oq1uq nist 103 ‘to dN Kd qT bei] inGovbrianerrep thay BeeHTB fivd Power to dispose of anainerin Iwhtichs debris shatbbe déeabp wath ase dis UP debris. and the manner in which the proceeds thereof?! ifha bay Shall, e, distaibuted se vas o} rnislo vais s1isdW wer szoqmi o} iswod onl to 70.0 | noose day dg BE atheros Josie} ebss901q basis nO noe A; SASE ot eo RPK FAIR MPO PErhyors zvolovin to ae it cPronP SH APH ep gae in thiscbohalf bybateh vail ny A Pio paesenhed shallebe findb ons tec : BITI cyt base eno gnibssoxe Jon ont oad SGBNGI nea] may, OynmiokificAtion, 4 ,ointment of BRP nh pita 5 Be ey uneoe mngy purposesnofs this Claims Commis- Act Tonia Ly amas Axl ow mozieq yos 0} moitseneq Sone ano foziaq yas bis end antisl) A .ol 01 enoz19q nigh la (42 ADIs RETSO oie Ag 6 ADwrcsalvedspror anata Barly pt AY, ROCKED ths ey win ifteencdays fran property. date o Boe st 100 9b0) thea Tesora) relating tqioMt bs longer Resid Ainot exceedingy thirtyto szoqib oF r9wot spe kip aoe ee aay alla enplyctothe = ae aMREtG ArsRicongosHns the Fesorat et ee, salvad dleprapsraysto ny hieiDhe or Cc be entitled, or ay thent to ths ¢, pIO- 5 ¢heiiedeI0 ‘10 Jive .f0l. jyos2org him cof th PlO~ vtinenabai Isto a bee abiedR sino]! off} Jenisgs oil Ilsde Pe eseendy T90ifl@)UPhcapplication: beer nla ) Sil ose bliwh Tove ah cocatalN> MoH hE ego TED ‘infy SonbeR Nozisq Yas O} yisvilsb ali grtbu ost s19 1q soon insignia -oteha- aio ot set_batuuedi2t CHOOT PARKED ha WORUS Stale’ GoverAiReal "By the oP Repeal es (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 404 Demacep AREAS — [1949 East ph, 4 : ms Commissioner on the rec Power of Claims 13. ( 1) A Clai 4 o&Ceip: dispose on claimns the claim under section 12 may, after such Notice tg , of and restore salved oncerned, and after such enquiry as any property. hase Mit, make an order accepting or rejecting the cali! in whole or in part and may on accepting the oj H whole or in part make over any salved property o, any proceeds thereof, to any person appearing to him to he a titled to receive the property or the proceeds, (2) The making over of any salved property or an proceeds thereof to a person specified in an order Under sub-section (/) shall be a full discharge of the Governmen or any other person or authority holiding it under geo, tion 7, but shall not prejudice any rights in respect of the said property which any other person may be entitled by due process of law to enforce against the person to whom the property has been delivered. Claims _Commis- 14. For the purposes of section 13, the Claims Com- fon cotteit oweores Missioner shall have the same powers of enforcing the at- tendance of witnesses and compelling the production of evidence as are vested in a court by the Civil Procedure Code, 1908. Power to impose 15. Where any claim to any salved property or any conpencation Svat proceeds thereof, whether made under section 12 or in the pect of frivolous Course of any proceedings before him, is dismissed or re claims. jected, the Claims Commissioner may if he is of opinion that the claim was false, frivolous or vexatious, impose a fine not exceeding one thousand rupees on the person mak- ing it, and may while doing so direct that the whole ora portion of it, if recovered, shall be paid by way of com- pensation to any person who has opposed the claim. _ Certain persons to 16. A Claims Commissioner and any person acting Pe publicservants. under his orders for the purposes of this Act, shall be deemed to be a public servant within the meaning of se a mower to a tion a _ Indian Penal Code. fin ower to dispose o . Any salved property or any proceeds thereo unciaded property. respect of which no claim has been received in accordanc with the provisions of this Act, may be disposed of by 1[Central Government] as prescribed. General indemnity, 18. (1) No prosecution, suit or other proc whatsoever shall lic against the 1[Central Governmer any officer thereof or any local authority or any off vd thereof, in respect of any action relating to debris or 5° property including its’ delivery to any person betweet See Act 1h eeding pt] of . ‘ab Reor “Substituted for the words “‘state Government” by the P ved ubjects) oder 96g eee) (Adaptation of Laws on State and .Concurre . fast Pb. Act X.] DAMAGED AREAS 405 , ANA SU rd March, 1947, and the date of th SF ante ° t e ection 3 relating to the damaged areas odeernca ener 2) No. prosecution, suit o , shall lie against any local suthority ov agaiest Procecaing - thereof without the previous sanction “of the Ce cer Government], for failure to comply with any vovisi one ‘the Municipal Act or the Towns Act since the 3rd Mat 4 1947, till such date as may be notified by the Central Government]. 19. No civil or criminal i | ; nal proceedings shall be insti- icdunnity i pant for anything done or intended to. be done under this pect of action unde ct or any loss or damage caused to or in respect of any — property whereof possession has been taken under this ct. 50. Except as provided in this Act, no pro eedi 1 ceeding OF Saving as to a7 order taken or made under this Act shall be called in antes Saving as No on tion by any court. ; 41. (1) The 1[Central Government] may make 2rules Power to make for the purpose of carrying into effect the provisions of rales. this Act. —Y In particular, and without prejudice to the gener- ality of the foregoing power, such rules may provide for all or any of the f ollowing matters, namely :— (a) vesting of possession of debris or salved pro- perty pending its disposal ; (b) depositing of salved property un (2) of section 7 ; (c) preparation and form of the records under sec- tion 8 and their publication ; (d) disposal of debris or the procee under section 10 ; (e) appointment of authority under sub-section (2) of section 10 ; (f) the form andconicnts of the application under section 12 ; . (g) maintenance of records by a Claims Commis- sioner ; and | (h) disposal of unclaimed salved property or pro ceeds thereof. : 7 he Punjab Reorganisation jects) EIS rae Substituted for the words “ (Chandigarh) (Adaptation of Laws on State and Concurren Order, 1968. 2For Tules, see Punjab ification No. 8596-LG(A)50/ M105; _ Ist December, 1950, Publisue@ in Punjab Government Gazettes aout art I-A, pages 543—45. der sub-section ds thereof