The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020
Governor of Uttar Pradesh
CitationUP Ordinance No.2 of 2020
Territorial extentUttar Pradesh
Enacted byGovernor of Uttar Pradesh
Enacted15 March 2020
Legislative history
Introduced byCM Yogi Adityanath
First reading22 August 2020
Related legislation
Haryana Recovery of Damages to Property During Disturbance of Public Order Act
Summary
It aims at dealing with "all acts of violence at public places and to control its persistence and escalation, and to provide for the recovery of damage to public or private property during hartal, bundh, riots, public commotion or protests."
Status: In force

The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 (Hindi: Lok Tatha Niji Sampatti Kashti Vsooli Adhyadesh, 2020) is a law in the Indian state of Uttar Pradesh that was promulgated by the state governor, Anandiben Patel, on 15 March 2020.[1][2] It was passed by the Uttar Pradesh Legislative Assembly on 22 August 2020.[3]

The Act aims at "recovery of damage to public or private property during hartal, bandhs, riots, protests etc through those accused through claim tribunals with no judicial review by any other court.[4][5] Deviating from the normal legal process in India wherein the burden of proof lies on the accuser (Investigating Agencies), this ordinance expects the accused to present evidence of innocence from alleged crimes, on account of simply them being named as accused.[5] The Supreme Court of India had said in 2007 that a "strong law" was needed to deal with the damage to property during political protests.[1][6] Following the CAA protests in UP, the state government has been finding ways to clamp down on the protesters and recover damages to public property.[6]

It has been challenged in Allahabad High Court.[7]

References

  1. ^ a b Rashid, Omar (2020-03-14). "U.P. clears Ordinance for recovery of damages". The Hindu. ISSN 0971-751X. Retrieved 2020-03-16.
  2. ^ "UP governor promulgates ordinance to recover property damages during stirs, riots". Outlook India. PTI. 15 March 2020. Retrieved 2020-03-16.((cite web)): CS1 maint: others (link)
  3. ^ ANI. "UP Assembly passes Recovery of Damages to Public, Private Properties Bill 2020 among others". BW Businessworld. Retrieved 2021-03-16.
  4. ^ ANI (2020-03-16). "UP Governor promulgates ordinance to recover damage to properties in riots". Business Standard India. Retrieved 2020-03-18.
  5. ^ a b Saxena, Akshita (2020-03-15). "UP Governor Promulgates Ordinance To Recover Damages For Destruction Of Public/ Private Property During Protests [Read Ordinance]". www.livelaw.in. Retrieved 2020-03-18.
  6. ^ a b Gaur, Vatsala (2020-03-16). "Uttar Pradesh passes ordinance to recover damages to property during protests, strikes". The Economic Times. Retrieved 2020-03-16.
  7. ^ "Ordinance Approved by UP Govt to Recover Damages Made During CAA Protests Challenged in Allahabad HC". News18. 17 March 2020. Retrieved 2020-03-18.


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