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Report No. 10

6. The Central Provinces and Berar Accommodation (Requisition) Act, 1948 (LXIII of 1948) as amended by Act XXIX of 1951

This Act enables the State Government to requisition any accommodation for the purpose of

(i) providing residence for any person holding an office of profit,

(ii) locating any public office of the State Government or local authority.

Section 4 lays down the principles in accordance with which payment of compensation is to be determined in respect of accommodation requisitioned under section 3.

(i) Where there is agreement as to compensation, the amount agreed to shall be paid.

(ii)In the absence of agreement, Government shall appoint a District Judge (or Additional District Judge or Civil Judge having jurisdiction over the area) as arbitrator.

(iii) At the commencement of the proceedings before the arbitrator, the Government as well as the person to be compensated shall state as to what in their opinion is fair amount of compensation.

(iv) In making the award, the arbitrator shall be guided by sub-section (1) of section 23 of the Land Acquisition Act, 1894 in so far as it can be made applicable and shall also have regard the reasonable expenses, if any, incurred by the occupier in vacating the accommodation [where such occupier is not entitled to compensation mentioned in sub-section (2A) below].

(v) An appeal shall lie to the High Court against the award.

(Vi)Except where it is expressly provided here or under rules made thereunder, nothing in any law relating to arbitration shall apply to arbitrations under this section.

Where the accommodation requisitioned is held by a tenant, compensation shall be paid as follows:-

(i) In the case of month to month tenancy, compensation equal to .a month's rent.

(ii) In the case of year to year tenancy or a fixed term (not exceeding one year) tenancy, compensation equal to two months' rent.

(iii) In cases of tenancy for a fixed period exceeding an year, compensation equal to three months' rent.

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