Section 10 in The Basumati Private Limited (Acquisition Of Undertaking) Act, 1974
10. Claims to be made to the Commissioner. -
(1)Every owner of, and every person having an interest in, the properties vested in the State Government under section 3 or any part thereof and having a claim in the amount referred to in section 8 (hereinafter referred to as the claimant) may prefer such claim before the Commissioner within thirty days from the date specified by the State Government by notification:Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may, on the expiry of the said period of thirty days, entertain the claim within a further period of thirty days, but not thereafter.(2)The Commissioner shall fix a date on or before which every claimant shall file the proof of his claim.(3)Not less that fourteen days notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of such daily newspaper in the Bengali language and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement.(4)The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the claimant a reasonable opportunity of being heard, in writing admit or reject the claim in whole or in part.(5)The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings, and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:-(a)the summoning and enforcing the attendance of any witness and examining him on oath;(b)the discovery and production of any document or other material object producible as evidence;(c)the reception of evidence on affidavits;(d)the issuing of any commission for the examination of witnesses.(6)A claimant who is dissatisfied with any decision of the Commissioner may prefer an appeal against such decision to such authority, in such manner and within such time, as may be prescribed.
