Amendment status not verified — confirm the current text below against the official source.
*I * * * * - I e[(l)] Whenever in pursuance of section 4, any $bova ble or immovable property] is requisitioned or acquired, there shall be paid compensation determined in the manner and in accordance with the principles herein- after set out, that is to say,- (a) where the amount of compensation can be fued by agreement, it shall be paid in accordance with such agreement. ; (b) where no such agreement can be reached, the ?State] Government ahall appoint; .as arbitrator, the District Judge or Subordinate Judge having jurisdiction over the area 6[in which the movable property is requisi- tioned or acquired orJ in which the immovable property i s situated, J3~plawtion.-Por the purpose of this 'clause, the expression "District Judps' includes a Judge of the Madras City Civil Court. (c) At the commencement of the prowdings before the arbitrator, the *[State] Government and the person to be ~c~mpensated shaU state what in their respec- tive opinions is a fair amount of compensation. '[(d) The ar bitrat or in making his award shall have regard- (i) intbe oaseof movable property, to its markrt value ; (ii) in the case of immovable property. to the provisions of sub-section (1) of the section 23 of the Land Acquisition Act, 1894, so far as the same can be made of applicable and to tho fact wh~ther the acquisition is of a permanent or temporary character : 1 This sub-section was omitted by section 3 (i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1953 (Tamil Nadu Act XVIU of 1950). 8 Sub-section (2) was re-numbered as subsection (1) by ibfd. 8Thtuc vords were substituted fgr the words "immuvabla pA ,&rty" by section 3 (ii) (a), ibid. 'This word was substituted for the word "Provincial" b~ tb Adaptation of Ldws Order, 1950. 5These words were inserted by section 3 (ii) (b) of the i.alxlil Nadu Essential Articles Control and Req~Jsitioning ( T ~ m p ~ r ~ ~ Powers) ~mendnent Act, 1950 (Tamil Nadu Act XVUI of 195C). 6This dausa substituted for original clause (dl by swtbc 3 (ii) (c), ibtd, . # ... 1949 : T .N. Act WUX] Essential ~ r t i& controi ?g and Requisit rbning Provided that where any property requisitioned is su hequent ly acquired, the arbitrator, in any proceedings in conncxion with such acquisition, shall, for the purposes of this clause, take in to considerat ion the market value of the property at thc date of the requisition as aforesaid and not at the date of its subsequent acquisition.2 (e) An appeal shall lie to the High Court against theaward of an arbitrator where the value of the sub- ject-matter in dispute in appeal is two thousand rupees and above. .Explanation.-I n the case of periodical payments the value of the su bject-matter in appeal shall be deemed to be five times the amount in disput : calculated for one year. (f) Save as provided in this sectionand in any rules made unaer this Act, nothing in any law for the time being in force relating to arbitration shall Lapply to arbitrations under this aection. '[(2)] The ?State] Government may, with a view to requisitioning or acquiring any property under section 4, by order.- (a) require any person to furnish to such authority as may be sptcified in the order such information in his possession relating to tha property as may be so specified 8 (b) direct that the owner, occupier or person in possesion of the property shall not, without the per- missionof the 2[State] Government, ~ ~ S P O P L : of it Or where the ~ o p e r t y is a bmlding, structurally alter, it or where the property is movable, resove it from the premises in which it is kept, until the expiry of such qeriod as may be specified in the order. -