Bare ActsThe west bengal premises requisition and control (temporary provisions) act, 1947

Section 10

(1) Where any premises requisitioned under this from Act are no longer required for any public purpose, the requisit

Amendment status not verified — confirm the current text below against the official source.

(1) Where any premises requisitioned under this from Act are no longer required for any public purpose, the requisition. Collector shall, after making such inquiry as he may consider necessary, by order in writing specify the person to whom possession of the premises shall be given. (2) The delivery of possession of the premises to the person specified in an order under .sub-section (1) shall be a full discharge of and liability of the Provincial Government to deliver possession to such person as may have a rightful claim to possesSion thereof, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession is given: CHAPTER III.. PROVISIONS REGARDING COMPENSATION. II. (1) Where any premises are requisitioned under this Act, there shall be paid to all persons interested cora:. pensation the amount of which shall be deteimined in the manner,, and in accordance with the principles hereinafter set out, namely : — (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; • (b) where no such agreement can be reached, the Pro- vincial Government shall appoint a District Judge or an Additional District Judge as arbitrator; Non-com- pliance with orders. Procedure for fixing compensa- tion. The West Bengal Premises Requisition and Control 5 (Temporary Provisions) Act, 1947. V of 1947.] (Chapter III—Provisions regarding compensation—Sections 12, 13.) (c) the Provincial Government ,may, in any particular case, nominate a person .aving expert knowledge as to the nature of the premises requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose; (d) at the commencement of the proceedings before the arbiator, the Provincial Government and the perso to be compensated shall state what in their respe _ive opinions is a fair amount of compensa- tion; (e) the arbitrator in making his award shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as they can be made applicable ; - (1) an appeal shall lie to the High Court against an award of an arbitrator ; (g) save as provided in this section and in any rules made under this Act, nothing in any law for the time being in force shall apply to arbitrations under this section. (2) Compensation shall also be paid 'n respect of any damage done to the premises during the period of requisi- tion other than what may have been sustained by normal wear and tear or by natural causes. When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement; where no such agreement can be reached, the matter shall be referred to the arbitrator.

Section 10 – The west bengal premises requisition and control (temporary provisions) act, 1947 | DailyLaw.ai