Section 4 in The Central Provinces and Berar Accommodation (Requisition) Act, 1948
4. Compensation how determined.
(1)Whenever in pursuance of Section 3 any accommodation is requisitioned, the owner shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say,(i)where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;(ii)where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the accommodation is situate;(iii)at the commencement of the proceedings before the arbitrator the State Government and the person to be compensated shall state what in then respective opinion is a fair amount of compensation ;(iv)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, (1 of 1894) so far as the same can be made applicable and also to any reasonable expenses, if any, incurred in vacating the accommodation by the occupied [if such occupier is not entitled to compensation under sub-section (2-A) of this section] [Added by Madhya Pradesh Act, XXIX of 1951, Section 4 (a).];(v)an appeal shall lie to the High Court against the award of an arbitrator;(vi)save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.(2)(a)The State Government may make rules for the purpose of carrying into effect the provision of this section.(b)In particular and without prejudice to the generality of the foregoing power, such rules may prescribe(i)the procedure to be followed in arbitrations under this section;(ii)the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal.[2A) Where the accommodation requisitioned in pursuance of Section 3, is held by a tenant, the tenant shall be paid compensation as hereinafter provided, that is to say,(i)where the tenancy is one from month, to month the tenant shall be paid compensation equal in amount to a month's rent;(ii)where the tenancy is one from year to year or for a fixed term not exceeding one year, the tenant shall be paid compensation equal in amount to two month's rent; and(iii)where the tenancy is one for a fixed term exceeding one year, the tenant shall be paid compensation equal in amount to three month's rent.Explanation. - For the Purpose of this sub-section "rent means the rent payable by the tenant for the accommodation immediately before the date on which it is requisitioned.] [Added by Madhya Pradesh Act, XXIX of 1951, Section 4 (b).](3)The payment of compensation under this section to any person appearing entitled to it in the opinion or the State Government or the arbitrator, as the case may be, shall be a full discharge of the State Government from all liability in respect of such compensation but shall not prejudice any rights in respect of the accommodation which any other person may be entitled by due process of law to enforce against the person to who compensation has been paid as aforesaid.
