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[Cites 0, Cited by 0] [Section 74] [Entire Act]

State of Tamilnadu - Subsection

Section 74(1) in Tamil Nadu Panchayats Act, 1994

(1)Whenever in pursuance of section 73, the Government requisitions any premises, the persons interested, shall be paid by the Government, an amount which shall be determined by the Government by taking into consideration the following, namely: -
(i)the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality:
Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) apply shall be the fair rent payable for the premises under that Act.
(ii)If in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change:
Provided that where any person interested, being aggrieved by the amount so determined makes an application to the Government within one month from the date of service of the order determining the amount, for referring the matter to an Arbitrator, the amount to be paid shall be such as the Arbitrator appointed by the Government may determine:Provided further that where there is any dispute as to the title to receive the amount or as to the apportionment of the amount, it shall be referred by the Government to an Arbitrator appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such Arbitrator.Explanation. - In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 73 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.