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State of West Bengal - Section

Section 36 in The Bengal Development Act, 1935

36. Determination of amount of compensation. -

(1)When a claim is preferred under section 35, the Collector shall, in the prescribed manner, after such inquiry as he deems proper and after considering any representations which may be made to him, determine the amount of compensation, if any, which shall be granted.
(2)In determining whether any and, if so, what amount of compensation shall be granted, the Collector shall be bound by the provisions of any rules made by the [State Government] [Words 'Provincial Government' substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] under this Act regulating the grant of compensation under this section.
(3)When the amount of compensation has been determined under subsection (1), if any dispute arises as to the apportionment of the same or any part thereof, the Collector shall, in the prescribed manner, refer such dispute to the Court, and such Court or any other Court mentioned in sub-section (5) to which the dispute may, subject to rules made under this Act, be transferred for decision, shall decide the same.
(4)In every reference under sub-section (3) the costs shall be at the discretion of the Court.
(5)In this section 'Court" means a principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or Munsif whom the [State Government] [Words 'Provincial Government' substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may appoint, by name or by virtue of his office, to perform concurrently with any such principal Civil Court the functions of the Court under this section within any specified local limits and, in the case of a Munsif up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887.