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[Cites 0, Cited by 1] [Section 11] [Entire Act]

State of West Bengal - Subsection

Section 11(1) in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947

(1)Where any premises are requisitioned under this Act, there shall be paid to all persons interested compensation the amount of which shall be determined 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 [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall appoint a District Judge or an Additional District Judge as arbitrator;
(c)the [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1960.] Government may, in any particular case, nominate a person having 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 arbitrator, the [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;
(e)[ the Arbitrator shall, in determining the amount of compensation to be awarded to the landlord, have regard to the matters referred to in clauses (a), (b) and (c) of section 12:] [[Clause (e) substituted by W.B. Act 29 of 1963, which was earlier as under :-
'(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;]]Provided that notwithstanding anything contained in section 12 -