Section 5 in Tamil Nadu Essential Articles Control and Requisitioning Act, 1949
5. Payment of compensation.
- [***] [This sub-section was omitted by section 3(i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).](1)[] [Sub-section (2) was re-numbered as sub-section (1) by of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).] Whenever in pursuance of section 4, any [movable or immovable property] [Substituted for 'immovable property' by section 3(ii)(a) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950);] is requisitioned or acquired, there shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say,-(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] [This sub-section was omitted by section 3(i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).] Government shall appoint, as arbitrator, the District Judge or Subordinate Judge having jurisdiction over the area [in which the movable property is requisitioned or acquired or] [Inserted by the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).] in which the immovable property is situated.Explanation. - For the purpose of this clause, the expression "District Judge" includes a Judge of the [Chennai] [Substituted by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Civil Court.(c)At the commencement of the proceedings before the arbitrator, the [State] [This word was 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.(d)[ The arbitrator in making his award shall have regard] [This clause was substituted for original clause (d) by section 3(ii)(c) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).] -(i)in the case of movable property, to its market value;(ii)in the case of immovable property, to the provisions of sub-section (1) of the section 23 of the Land Acquisition Act, 1894 (Central Act I of 1894), so far as the same can be made of applicable and to the fact whether the acquisition is of a permanent or temporary character:Provided that where any property requisitioned is subsequently acquired, the arbitrator, in any proceedings in connection with such acquisition, shall, for the purposes of this clause, take into consideration the market value of the property at the date of the requisition as aforesaid and not at the date of its subsequent acquisition.(e)An appeal shall lie to the High Court against the award of an arbitrator where the value of the subject-matter in dispute in appeal is two thousand rupees and above.Explanation. - In the case of periodical payments, the value of the subject-matter in appeal shall be deemed to be five times the amount in dispute calculated for one year.(f)Save as provided in this section and in any rules made under this Act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.(2)[] [Original sub-section (3) was re-numbered as sub-section (2) by section 3(i) of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1950 (Tamil Nadu Act XVIII of 1950).] The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, with a view to requisitioning or acquiring any property under section 4, by order -(a)require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be so specified;(b)direct that the owner, occupier or person in possession of the property shall not, without the permission of the This word was [State] [substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, dispose of it or where the property is a building, structurally alter it or where the property is movable, remove it from the premises in which it is kept, until the expiry of such period as may be specified in the order.
