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Delhi Police Act, 1978 | Chapter V

Section 44: Collector to Award Compensation

Section 44 of the Delhi Police Act, 1978 (Act 34 of 1978) governs the handling of money recovered under Sections 38 to 41 and the award of compensation to eligible persons affected by an unlawful assembly. It sets a strict 45-day claim period linked to the notification under Section 41(1).

Key point: Compensation under Section 44 is paid from sums recovered as compensation under Section 41. An eligible claimant must apply within 45 days of the Section 41(1) Gazette notification, and the District Collector must be satisfied that the relevant victim was free from blame in the occurrence.

Section 44 of the Delhi Police Act, 1978 - statutory text

44. Collector to award compensation

(1) Amounts payable under section 38, section 39, section 40 or section 41 shall, when recovered, be credited to the Government.

(2) The District Collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly.

(3) No compensation shall be paid under this section, except when a claim has been made therefor within forty-five days from the date of the notification referred to in sub-section (1) of section 41 and the District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death.

(4) The compensation payable to any person under sub-section (2) shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same.

(5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section.

Source: Delhi Police Act, 1978 - official India Code PDF. The text above follows the published statutory wording; consult the current official record for any later amendments or notifications.

Meaning and legal effect of Section 44

Section 44(1): Amounts recovered are credited to Government

Money recovered under Sections 38, 39, 40 and 41 is credited to the Government. These sections respectively concern additional police deployed on request, in specially disturbed areas, at certain large works or public amusements, and compensation arising from unlawful assemblies. The provision establishes how recovered money is accounted for; it does not mean every recovery is automatically payable to an individual claimant.

Section 44(2): District Collector awards compensation

The District Collector may award such compensation as is just and proper from amounts recovered as compensation under Section 41. Eligible recipients are persons suffering property loss or damage, persons suffering grievous hurt, and legal heirs of persons whose death resulted from acts done in furtherance of the common object of an unlawful assembly. The amount is not fixed in Section 44; it depends on the Collector's assessment and the statutory conditions.

Section 44(3): Deadline and freedom from blame

The claim must be made within 45 days from the date of the Gazette notification under Section 41(1), not merely within 45 days of the incident. The Collector must also be satisfied that the claimant who suffered the injury or loss, or the deceased where heirs claim, was free from blame in connection with the occurrence. The statute does not set out a general extension power in this subsection.

Section 44(4): Compensation is protected

Compensation payable under subsection (2) cannot ordinarily be assigned, charged, attached, or used for set-off against another claim. The wording also protects entitlement from transfer to someone other than the person entitled by operation of law.

Section 44(5): Restriction on civil suits

A civil suit is not maintainable for loss, damage or grievous hurt for which compensation has been granted under this section. The provision should not be read as a blanket prohibition on every possible proceeding arising from an unlawful assembly; its application depends on the compensation actually granted and the relief sought.

How to make a compensation claim

  1. Identify the notification: Find the Official Gazette notification specifying the disturbed area and date or period under Section 41(1).
  2. Check the deadline: Submit the claim within 45 days from the date of that notification.
  3. Document the loss: Include available evidence of property damage, medical records for grievous hurt, or death and legal-heir documents where relevant.
  4. Explain the circumstances: Provide facts relevant to the statutory requirement that the victim or deceased was free from blame.
  5. Approach the District Collector: Seek the appropriate filing procedure from the competent district revenue administration and retain proof of submission.

These steps are practical guidance, not a prescribed application form or exhaustive procedural rules. The governing notification and applicable administrative directions should be checked in each case.

Frequently asked questions

What is the time limit to claim compensation under Section 44?

A claim must be made within 45 days from the date of the Official Gazette notification issued under Section 41(1).

Who can receive compensation under Section 44?

A person who suffered property loss, property damage or grievous hurt, or the legal heirs of a person who died, may qualify subject to the statutory conditions.

Can compensation under Section 44 be attached for a debt?

No. Section 44(4) protects compensation against assignment, charge, attachment and set-off, subject to its wording about operation of law.

Can a civil suit be filed for an injury already compensated under Section 44?

Section 44(5) bars a civil suit for loss, damage or grievous hurt for which compensation has been granted under that section.

Legal information only. For a specific claim, confirm the current Gazette notification, applicable rules, and administrative procedure.