Section 11 in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947
11. Procedure for fixing compensation.
(1)Where any premises are requisitioned under this Act, there shall be paid to all persons interested compensation the amount of which shall be determined in the manner, and in accordance with the principles hereinafter set out, namely :-(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] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall appoint a District Judge or an Additional District Judge as arbitrator;(c)the [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1960.] Government may, in any particular case, nominate a person having expert knowledge as to the nature of the premises requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;(d)at the commencement of the proceedings before the arbitrator, the [State] [Words 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;(e)[ the Arbitrator shall, in determining the amount of compensation to be awarded to the landlord, have regard to the matters referred to in clauses (a), (b) and (c) of section 12:] [[Clause (e) substituted by W.B. Act 29 of 1963, which was earlier as under :-'(e) 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, so far as they can be made applicable;]]Provided that notwithstanding anything contained in section 12 -(1)in the case of an entire premises which was constructed after the commencement of the West Bengal Premises Requisition and Control (Temporary Provisions) (Second Amendment) Act, 1963, the amount payable annually shall not exceed 6¾ per cent, of the sum total of the cost of construction of such premises and the market price of the land on the date of commencement of construction, together with one-half of the total amount of municipal rates and taxes payable annually in respect of such premises;(2)in other cases, the amount payable shall not exceed -(i)where the premises were let out on rent for a continuous period of not less than six months [and ending within six months] [Words substituted for the word 'immediately' by W.B. Act 27 of 1986.] before being requisitioned, such rent by more than ten per cent., or(ii)where the premises were not so let out, such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar premises in the locality, having regard also to the rent payable in respect of such premises.(f)an appeal shall lie to the High Court against an award of an arbitrator;(g)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,] [Words inserted by W.B. Act 7 of 1954.] shall apply to arbitrations under this section.(2)Compensation shall also be paid in respect of any damage done to the premises during the period of requisition other than what may have been sustained by normal wear and tear or by natural causes. When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement; where no such agreement can be reached, the matter shall be referred to the arbitrator.
