Section 8 in Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956
8. Principals and method of determining compensation.
(1)Where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be determined in the manner and i 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 Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;(c)The Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate in assessor for the same purpose;(d)At the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinions a fair amount of compensation;(e)The arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the the provisions of sub-section (2) and (3), so far as they are applicable;(f)Where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;(g)Nothing in the Arbitration Act, 1940 (Central Act X of 1940), shall apply to arbitration under this section.(2)[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2-A) and (2-B), consist of-] [These words, brackets, figures and letters were substituted for the words 'The amount of compensation payable for the requisitioning of any property shall consist of-' by section 4 (a) (i) of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977 (President's Act 6 of 1977).](a)A recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period :Provided that such rent shall, in the case of premises, be the fair rent payable for the premises under the provisions of the [Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960)] [These words, brackets and figures were substituted for the words brackets and figures 'Tamil Nadu Buildings (Lease and Rent Control) Act, 1949 (Tamil Nadu Act XXV of 1949)' by section 4 (a) (ii) of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977 (President's Act 6 of 1977).] and in the case of cultivable land, be the fair rent for such land payable under the provisions of the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Cultivating Tenants (Payment of Fair Rent) Act, 1956 ([Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXIV of 1956) ; and(b)Such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely :-(i)Pecuniary loss due to requisitioning ;(ii)Expenses on account of vacating the requisitioned premises ;(iii)Expenses on account of reoccupying the premises upon release from requisition ; and(iv)Damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.(2A)[ The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2-B),-(a)In a case where such property has been subject to requisition under this Act for a period of five years or a longer period immediately preceding the commencement of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977-(i)First with effect from the date of such commencement, and(ii)Again with effect from the expiry of five years from such commencement ;(b)In a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1-A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,-(i)First with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by the competent authority under section 4, and(ii)Again with effect from the date of expiry of a period of five years from the date on which the revision made under sub-clause (i) takes effect ;(c)In any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4.(2B)The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set (g) nothing in the Arbitration Act, 1940 (Central Act X of 1940), shall apply to arbitration under this section.] [Sub-sections (2-A) and (2-B) were inserted by section 4 (b) of the Tamil Nadu Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977 (President's Act 6 of 1977).]
