Section 24 in West Bengal Cold Storage (Licensing and Regulation) Act, 1966
24. [ Compensation payable for loss or deterioration of agricultural produce stored in a cold storage. (1) In the event of any loss of or deterioration in any agricultural produce stored in a cold storage caused on account of any negligence of the licensee or any defect in the refrigeration machinery, the hirer may, within thirty days from the date of detection of such loss of deterioration by him, apply in writing to the Licensing Officer for assessing the compensation payable by the licensee on account of such loss or deterioration.] [Substituted by ibid, section 16.]
Explanation. In this sub-section burden of proof that the loss or deterioration was caused beyond the control of the licensee shall lie on the licensee.(2)The Licensing Officer on receipt of an application under sub-section (1) shall cause an enquiry to be made in accordance with such procedure as may be prescribed and shall also assess the amount of compensation payable by the licensee to the hirer.(3)The Licensing Officer may also on his own motion cause the enquiry to be made in the matter of any loss or deterioration in any agricultural produce stored in a cold storage and pass such orders as to the amount of compensation payable by the licensee to the hirer as he thinks proper and just.(4)In case of any dispute between the licensee and the hirer as to the amount of compensation to be paid. the Licensing Officer shall settle the dispute as expeditiously as possible and shall also make an order determining the amount of compensation payable by the licensee who shall make payment of the compensation to the hirer within two months from the date of the order, whether any claim against insurance of any, is settled or not.(5)In determining the amount of compensation payable by the licensee, the Licensing Officer shall take into account the market price of the agricultural produce at the time of detection of loss or deterioration :Provided that in case of agricultural produce stored for seed purposes, such amount of compensation shall be twenty per cent. higher than that of other agricultural purposes.(6)If the compensation or any portion of it remains unpaid after the date specified in the order passed under sub-section (4), the same shall be recoverable as an arrear of land revenue.(7)The licensee shall also be required to furnish fortnightly reports regarding settlement of compensation cases.
