Amendment status not verified — confirm the current text below against the official source.
(1) If, in the opinion of the State Government, it is *owning of necessary or expedient so to do for preventing or suppressing property' subversive acts or for maintaining supplies and services essen- tial to the life of the community, it may by order in writing] requisition any property, movable or immovable, and may make such further orders as appear to it to be necessary_ or expedient in connection with the requisitioning. (2) The State Government may use or deal with any property requisitioned under sub-section (1) in such manner as may appear to it to be expedient. (3) The State Government shall pay compensation for any property requisitioned by it under sub-section (1), and the principles according to which and the manner in which such compensation is to be determined and given shall be as follows: — (a) where the amount of compensation can be fixed by agreement, it shall be paid within three months in accordance with such agreement; The West Bengal Maintenance of Public Order Act, 1970. 7 20 of 1970.] (b) where no such agreement can be reached, the amount of compensation shall be such as an arbitrator appointed in this behalf by the State Government may award: Provided that in the case of immovable property, the arbitrator shall be a District Judge or an Additional District Judge; (c) in awarding the amount of compensation, the arbitrator shall have regard to the pecuniary loss attributable to the requisition and to any other circumstances which he considers to be just and proper; (d) in the case of immovable property, the State Govern- ment may, in any particular case, nominate a person having expert knowledge as to the nature of the property_ requisitioned to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate another person for the said purpose; (e) an appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount of compensation awarded does not exceed five thousand rupees in lump or in the case of an amount payable periodically, two hundred and fifty rupees per mensem; (f) in the case of movable property, where, immediately before the requisition, the property was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the total compen- sation payable in respect of the requisition shall be apportioned between that person and the owner and in default of agreement, in such manner as the arbitrator referred to in clause (b) may decide to be just and proper; (g) the amount awarded as compensation by the arbitra- tor or ordered to be paid by the High Court on appeal in cases coming under clause (e) shall be paid within three months of the date of the award or order made by the arbitrator or the High Court; (h) save as provided in this sub-section and in any rules made under section 24, nothing in any other law for the time being in force shall apply to an arbi- tration under this sub-section. (4) Where any immovable property requisitioned under sub-section (1) is to be released from requisition, the State Government may, after making such inquiry, if any, as it considers necessary, specify by order in writing the person who appears to the State Government to be entitled to the possession of such property. S The West Bengal Maintenance of Public Order Act, 1970. [President's Act (5) The delivery of possession of the immovable property requisitioned under sub-section (1) to the person specified in an order made under sub-section (4) shall be a full discharge of the State Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of such property, which any other person may be entitled by due process of law to enforce against the person to whom possession of such property is so delivered. (6) Where the person to whom possession of any immov- able property requisitioned under sub-section (1) is to be given cannot be found or is not readily ascertainable or has no agent or other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such property is released from requisition to be affixed on some conspicuous part of such property and publish the notice in the Official Gazette. (7) When a notice referred to in sub-section (6) is pub- lished in the Official Gazette, the immovable property specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to the possesion thereof; and th Stat Governmet shall not be liable for any compensation or e other e claim in respect of- such property for any period after the said date. (8) (a) Where any immovable property requisitioned under sub-section (1) is released from requisition, compensation shall also be paid in respect of any damage done during the b e e r e i n od u o s f t arin equ d i sbityi o n n o rtm o a such prr o an e d r t tear t other bthan w u h ra a l t cmuaye sh.ave (b) When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agree- ment ; where no such agreement can be reached, the matter shall be referred to an arbitrator and thereupon the provisions of sub-section (3) which are applicable to immovable property shall, as far as may be, apply. (9) The State Government may, with a view to requisition- ing any property under sub-section (1), by order,— (a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be so specified; (b) direct that the owner, occupier or person in possession of the property shall not without the permission of the State Government dispose of it or where the property is a building, structurally alter it or where the property is movable, remove it from the premises in which it is kept till the expiry of such reasonable period as may be specified in the order. The West Bengal Maintentrotee of.Public Order Act, 1970. 9 20 01 1970.] (10) (a) The State Government may, within thirty days from the date on which possession of any property, requisitioned under sub-section (1), is taken by it, by order in writing, require the owner of such property to execute such repairs therein as may be necessary to restore such property to the same condition in which it was immediately before the date on which the order under sub-section (1) was made. (b) If the owner fails to execute or complete such repairs within the time specified, the State Government may cause such repairs to be executed or completed and the cost thereof shall be recoverable from the owner as if it were an arrear of land revenue. (c) The State Government may, without prejudice to any other mode of recovery, deduct the cost referred to in clause (b) or any part thereof from the compensation payable to the owner under sub-section (3). (11) Without prejudice to any powers otherwise conferred by this Act, any person authorised in this behalf by the State Government may enter any premises between sunrise and sunset and inspect such premises and any property therein or thereon for the purpose of determining whether, and, if so, in what manner, an order under this section should be made in relation to such premises or property, or with a view to securing compliance with any order made under this section. (12) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.