43. Government or any nominated authority to award compensation.
(1)Amounts payable under Section 37, Section 38, Section 39 or Section 40 shall, when recovered, be credited to the Government.(2)The Government or any authority nominated by it shall pay, from the amount recovered by him as compensation payable under Section 40, such amount as it 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 notification referred to in Sub-section (1) of Section 40 and the Government or any authority nominated by the Government 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.
