Thursday, March 18, 2021

Recovery of Damages to Property During Disturbance to Public Order Bill passed

 Recovery of Damages to Property During Disturbance to Public Order Bill passed

Chandigarh, March 18

 On the last day of budget session of Haryana Vidhan Sabha, Six Bills were passed in the House. These include, The Haryana Recovery of Damages to Property During Disturbance to Public Order Bill, 2021, The Punjab Labour Welfare Fund (Haryana Amendment) Bill, 2021, The Haryana Contingency Fund (Amendment) Bill, 2021, The Haryana Panchayati Raj (Amendment) Bill, 2021, The Haryana Short Titles Amendment Bill, 2021, and The Haryana Appropriation (No.2) Bill, 2021.

 The Haryana Recovery of Damages to Property During Disturbance to Public Order Bill, 2021

            The Haryana Recovery of Damages to Property During Disturbance to Public Order Bill, 2021 has been passed with amendments to provide for recovery of damages to properties caused by persons during disturbances to public order by an assembly, lawful or unlawful, including riots and violent disorder and for constitution of Claims Tribunal to determine the liability, to assess the damages caused and to award compensation in the State of Haryana and for matters connected therewith or incidental thereto.

            Whereas the general public has taken a serious note of various past and recent instances of mob violence where there was a large scale destruction, burning, looting of public and private properties, injury or loss of lives during disturbances to public order by an assembly, lawful or unlawful, including riots and violent disorder etc and thereof. The State as well as the private individuals, trusts etc had to suffer huge losses in terms of property and costs. The State Government is supposed to take all preventive, remedial measures so that such incidents are not repeated and public order is maintained. In order to prevent recurrence of such circumstances, there should be a legal framework to cause deterrence in the minds of the perpetrators of violence as also the organizers, instigators etc.

            Whereas the actual perpetrators of such acts of violence and crimes as also the instigators, organizers or inciters be made liable for damages to public property; damages to private property and the cost of the forces requisitioned from outside the State for controlling such acts of violence and crimes.

A legislation i.e. "The Haryana Recovery of Damages to Property During Disturbance to Public Order Bill, 2021" to provide for recovery of damages to properties caused by persons during disturbances to public order by an assembly, lawful or unlawful, including riots and violent disorder and for constitution of Claims Tribunal(s) to determine the liability, to assess the damages caused and to award compensation in the State of Haryana and for matters connected therewith or incidental thereto, is required.

 

The Punjab Labour Welfare Fund (Haryana Amendment) Bill, 2021

            The Punjab Labour Welfare Fund (Haryana Amendment) Bill, 2021 has been passed to further amend the Punjab Labour Welfare Fund Act, 1965, in its application to the State of Haryana.

            The Punjab Labour Welfare Fund Act, 1965 was enacted to provide for the constitution of a fund for financing and conducting activities to promote the welfare of labour and their dependent family members. It has been felt that the method of receipt of the fund constituted under this Act should be made easier for the purpose and objects. Thus, with a view to achieve this object, it has become essential to make provision to receive funds through online mode to make easier to augment the resources of the fund and for this, necessary amendments will be done in the Act through this Bill.

 

The Haryana Contingency Fund (Amendment) Bill, 2021

            The Haryana Contingency Fund (Amendment) Bill, 2021 has been passed to further amend the Haryana Contingency Fund Act, 1966.

            The Bill is introduced in pursuance of Articles 204 (1) and 205 of the Constitution of India to provide out of the Contingency Fund of State of Haryana a sum required to meet with emergent nature of expenditure arising on account of unforeseen situation such as COVID-19 pandemic, opening of new Departments during the year, etc.

 

The Haryana Panchayati Raj (Amendment) Bill, 2021

            The Haryana Panchayati Raj (Amendment) Bill, 2021 has been passed to further amend the Haryana Panchayati Raj Act, 1994.

            To bring the provisions of Haryana Panchayati Raj Act, 1994 in conformity with the provisions of the Constitution of India, it is necessary to fix the date of commencement of the term of five years of the Gram Panchayats, Panchayat Samitis and Zila Parishads from the date appointed for its first meeting.

 

The Haryana Short Titles Amendment Bill, 2021

            The Haryana Short Titles Amendment Bill, 2021 has been passed to further amend the short titles of Punjab Acts and East Punjab Acts as applicable to the State of Haryana.

            The State of Haryana came into existence after a long drawn struggle of people of Haryana. The people of Haryana have always taken immense pride in their unique identity, both cultural and linguistic. However, despite lapse of more than five decades, the laws applicable to the State of Haryana (hereinafter referred to as "Haryana Acts") still carry word "Punjab" and "East Punjab" in short titles. The existence of the word "Punjab" and "East Punjab" in the laws applicable to the State of Haryana, in a cursory reading, create confusion amongst masses at root level with regard to application of such laws on the State of Haryana. The State is bound to secure a social order for the promotion of the welfare of the people by securing and protecting their rights by informing them precisely that the Punjab Acts as applicable in the State relates to the State of Haryana. Therefore, for better understanding of the applicability of the laws in the State of Haryana which instead carry the word 'Punjab' and 'East Punjab' in the short title, there is pressing need that "Punjab Acts" and "East Punjab Acts" should be amended to "Haryana Acts". This will eliminate confusion and further instill a sense of pride and self-determination amongst people of Haryana that laws applicable to the State of Haryana are known by the name of their State. It will be a tribute to the struggle undertaken by the people of the State for establishing their separate State and identity.

 

The Haryana Appropriation (No.2) Bill, 2021

            The Haryana Appropriation (No.1) Bill, 2021 has been passed to authorize payment and appropriation of Rs. 173901,32,26,602 out of the Consolidated Fund of the State of Haryana for the services during the financial year ending on March 31, 2021.

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