Amendment status not verified — confirm the current text below against the official source.
(1) Whcre any property is requisitioned or acquired p,.inciples and under this Act, there shall be paid compensation the amount rn;thod of de- of which shall be determined in the .:nanner and in accor- termining wm- dance with thz principles hereinafter set out, that isto say,- pensatioll- (a) where th5 am3unt of compensation can be kc^! by agreement, it shall bs paid in accorzarice with suph, agreement ; \ ' (b) where no such agreement can be leached, the - Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a I + % High Court; (c) the* ~overnrnmt may, .in any particular case, . nomihate a person having expert knowledge as to the nature of the property requisitioned or acquired. to assist the- arbitrator and where such nomination is made, the person' . , . - , to be compensated may also nominate an assessor for the , . . . , -. J same purpose ; T (d)' at the commencement of the proceedings before . ~he~arbitrator, the Government and the person to be born: pensated shall state what in their- respective opinion is a fair amount of compensation ; (e) the arb'trator shall, after hearing the dispute, - .;. , \ e make an award datermining the amount of compensation ' <> . .. which appears to him to be just and specifying the person or . I (d, a . a I. persons to whom such compensation shall be paid; and in % . . -,A , a *.? -*- making the award, 'he shall have regard to the circum. tances, I , s<:"3bv &.4' of e i i case and th.e provisions of sub-sections (2) and (3);; - % + *w=$b ;"*: >$k . ( > t - r d s 3 far as they are applicable ; . . . , S" , :,:;@*@ - here there is any .dispute as to the person br: , are entitled to the compen such dispute and if the - 1 . .. * Remove Watermark Wondershare PDFelement - - - - 676 &quisitioraing add Acquisilioir 1195b : 'Pe&, Act XLYI of lmmovabk2 Pl.opcr2.y. (g) nothing, in the Arbitratioa Act, 1940 (Central ~ c t x of 1940),shall apply to arbitrations under this section. (2). '[The au:,;mt of compensation ~ ~ y a b l e for the requisitioning of any property shall, sullject to the provi- sions of sub-secti,ons (2-A) and (2-B), consist of-4 (0) a recurring payment, in respect of the period of requisition,of a sum equal to the rent which would have been \payable for the use and occupation of the property, if it had taken on lcssc for that pcriod : Pl -*;tlcd tkit such rent shall, in ;he case of premises, bL h e ffai rent payable for the premises under the provi- sions of the e[Tamil Nadu Buildings (Lease and Rent . Control) Act, 1960 (Tamil Nadu Act 18 of 1960)] and in the case of cultivable land, be i he fair rent for such land payable under the provisions of the Nadu] Culti- vating Tenants (Pqgment of Fair Rent) Act, 1956 (3[Tamil Nadu] Act XXIV of 1956) ; and (8) such sum or sums, if any, as may be found necessary to compensate the person interested for all or.. any of the following matters, namely :- * . (i) pecuniary loss due to requisitioning ; (ii) expenses on account of vacating the r4ui. . sitioned premises ; (iii) expenses on account of reoccupying the premises upon release from requisition ; and , (iv) damages (other than normal wear and tear) caused to the property during the period of requisition, i~clqding -the erpenses that may have to be incurred for restoring the prt ~perty to the condition in which it was at the time of requ ~sjrian. - -- 1 These words, brackets, figures and let@ . tuted for the words' "The amount of compensation p the requisitioning. Of any property shall Cousist of-'"by .-(a) (1) of the Pamil Nadu Requisitioning and Acquisitio - movable Property AC~, 1 977 ( President's ~ c t 1977). s These words, brackets and figures were substituted for the ww& brackets and figures '' 'rarnil Nadu Buildings (Lease and Rent Ccntrol) 'Act, 1949 (Tamil Nan? M t XXV cf 1949) '' by section 4 (a) (ii) of 'the Tamil Nadu Regwsltioning and Acquisition. of m y a b l e pxo- p&y (Amendment) Act, 1977 (Pfesident's Act 6 of 1977). 8 These words weri: substituted for the \iro;d ' 6 Madras '* b$ tho, Tamil Nadu Adaptation of ~ W S Order, 1969, as amendd by thi . -1 Nadu Adaptation cf Laws (Second Atnsndmem) Order, 1969;. Remove Watermark Wondershare PDFelement 'm] ~equisittonin~ and Acquisitiofi* 6 of Immovable property. rring payment, referred' t o in dl in with effect from the expiry, of ' (ii) again with effect from the date u." expiry of 8 period of five years fram the date on which the revision . . - P.' . ?". made under subclause (i) takes effect ; f.. - & 1 $. . , +. ' a:. . d (c) in any other case, wit 11 effect from the date of expiry of five years from the date on which possession **. $r, of such property has been surrendered or delivered to, 2 or taken by, the sqmpet ent authority undcr secf ion 4. 1 - B . . . L . . ' I : L . (2-B) The recurring payment in respect of aIiy ' 1