16. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.
(1)If in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensured from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate or to the Sub-Divisional Magistrate within the local limits of whose jurisdiction such area is situated.(2)It shall thereupon be lawful for the District Magistrate with the sanction of [the Government] [In sections 4, 5, 6, 7, 8, 12, 13, 15, 16, 17, 26, 36, 42, 43 and 44 the words 'the Government' substituted for the words 'His Highness the Maharaja Bahadur in Council' by Act X of 1996.] after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to(a)declare the persons to whom injury has been caused by or has ensued from such misconduct.(b)fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them; and(c)assess the proportion in which the same shall be paid by the inhabitant of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:Provided that the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid has from a riot or unlawful assembly within such area, and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.(3)It shall be lawful for [the Government] [In sections 4, 5, 6, 7, 8, 12, 13, 15, 16, 17, 26, 36, 42, 43 and 44 the words 'the Government' substituted for the words 'His Highness the Maharaja Bahadur in Council' by Act X of 1996.], by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation.(4)Every declaration or assessment made or order passed by the District Magistrate under sub-section (2) shall be subject to revision by [the Government] [In sections 4, 5, 6, 7, 8, 12, 13, 15, 16, 17, 26, 36, 42, 43 and 44 the words 'the Government' substituted for the words 'His Highness the Maharaja Bahadur in Council' by Act X of 1996.] but save as aforesaid shall be final.(5)No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.Explanation. - In this section the word "inhabitants" shall have the same meaning as in the last preceding section.
