Section 125A(4) in The Bihar Panchayat Raj Act, 2006
(4)Requisitioning of premises, vehicles, etc., for election purposes.- (i) If it appears to the State Government that in connection with an election within the State -(a)any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or(b)any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be , and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning :Provided that no vehicle, or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this at such election.(ii)The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.(iii)Whenever any property is requisitioned under sub-clause (a) or (b) of clause (i), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-clause.(iv)In this sub-section -(a)"Premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;(b)"Vehicles" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.(v)Payment of compensation.-Whenever in pursuance of clause (i) the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the(a)rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;(b)if in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator.Explanation.-In this sub-clause, the expression "person interested" means the person who was in actual possession of the premises requisitioned under clause(i) immediately before the requisition, or where no person was in such actual possession, the owner of such premises.(c)Whenever in pursuance of clause (i) the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide.(vi)Power to obtain information.-The State Government may with a view to requisitioning any property under clause (i) or determining the compensation payable under clause (v) by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.(vii)Powers of entry into and inspection of premises, etc.-Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under clause (i) should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that clause.(viii)Eviction from requisitioned premises.-Any person remaining in possession of any requisitioned premises in contravention of any order made under clause(ii), may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
