Amendment status not verified — confirm the current text below against the official source.
(1) If in the opinion of the Provincial Government Requisi- it is necessary or expedient so to do for preventing or tioning suppressing subversive acts or for maintaining supplies, and "1<£2,"% serv1ces essential to· the life of he community or for rehab- 2.... litating persons displaced from their residences or shops due to communal strife, it may by order in writing requisition any property, l'/Jnoveable or immoveable, a.nd may male such further orders as appear to it to be necessary or expedient in connection with the requisitioning: . Provided that no place or premises used for the purpose of rfiaious worship shall be reauisitioned under this section . - (2) Where the Provincial Government has requisitioned anyproperty under sub-section (1), it may use or deal with the property in such manner as may appear to it to be 4ediet. (3) Whenever in pursuance of sub-section (1), the Pro- ~ vmcial Government requisitions any moveable property, the oner thereof shall be paid such compensation as the Pro- vncal Governmef; may determ1e : 12 The West Bengal Security Act, 1948. . . Provided further that, where immediately before the res quisition the property was by virtue of a hire purchase agre% ment m the possess1on of a person other than the owner, the. amount determined by the Provincial Government as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agree- ment, in such manner as an arbitrator ·appointed by,the Provincial Government in this behalf may decide to be just. · (4) Where in pursuance of sub-section (1) the Provincial Government requisitions any immoveable property, there shall be paid compensation, the amount of which shall be deter- mined in the manner, and in accordance with the principles, hereinafter set out, that is to say,- (a) where the a.mount of compensation can be fixed by agreement, it shall be paid within three months ·in accordance with such agreement; (b) where no such agreement can be reached, the Pro- vincial Government shall appoint as arbitrator a District Judge or an Addition.al District Judge; (c) the Provincial Government 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 an assessor for the said purpose ; (d) at the commencement of the proceedings before the arbitrator, the Provincial Government and the person to ,be compensated shall state what in their respective opinions is a fair amount of aompen.sa- tion; · Ce) an appeal shall lie to the High Court against an. award of an arbitrator except in cases where the amount of compensation awarded does not exceed five thousancl rupees in ·lump or, in the case of an amount payable periodically, two hundred and fifty rupees per mensem; (/) save as provided, in this,section and in any rules made thereunder, nothing¢mn any law for the time being in force 'shall app$y to arbitrations under this sub- section. (5) Wb,ere any immoveable property requisitioned under· sub-section (Z) is to be r.eleased from requisition, the Pro- vin.cial Government may, after making such enquiry, ii an.y, l!.l. as it considers necessary, specify by order in writing· the ~ person who appears to the Provincial Government to be entitled to the possession ~£ such property. r [West Ben. Act (Chapter IV.Miscellaneous Provisions.Section a.) Provided that where the owner of such property,, being aggrieved by the amount. of compensation so determined, makes an application for referring the matter to an arbitra- tor, the amount of compensation to be paid shall be such as an arbitrator appointed in this behalf by he Provincial Government may determine: The West Bengal Security Act, 1948.