Section 4 in The West Bengal Requisitioning of Vehicles Act, 1979
4. Payment of compensation.
(1)Whenever the State Government requisitions any vehicle under section 3, the owner of such vehicle shall be paid compensation, the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle.(2)The owner of a vehicle requisitioned under section 3, if aggrieved by the amount of compensation determined, may make an application to the State Government within thirty days from the date of service on him of the order determining the compensation, for determination of the amount of compensation by an Arbitrator.(3)On receipt of an application under sub-section (2), the State Government shall appoint an Arbitrator and the amount of compensation determined by the Arbitrator shall be final.(4)If, immediately before the requisitioning, the vehicle was, by virtue of a hire-purchase agreement, in the possession of a person other than the owner, the amount determined as compensation under sub-section (1) or sub-section (3), as the case may be, shall be apportioned between that person and the owner in such manner as they may agreed upon, and in default of agreement, in such manner as an Arbitrator appointed by the State Government in this behalf may decide.(5)Any amount payable under this section as compensation shall be paid by the State Government but the State Government may recover the whole or a portion of such amount from any person or body on whose account the requisition is made.
