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Report No. 277

Section 365C Award of the Special Court.-

(1) On receipt of an application for compensation made under section 365A, the Special Court shall, after giving notice of the application to the Central Government or as the case may be the concerned State Government, and after giving an opportunity of being heard to all the parties, hold an inquiry into the claim or, as the case may be, into each of the claims and, may make an award determining the just and reasonable compensation, specifying the person or persons to whom it shall be paid, and shall also specify the amount which shall be paid by the Central or the State Government concerned, as the case may be, and may also direct the Central or the State Government concerned to proceed against the erring official in accordance with law.

(2) The Special Court shall arrange to deliver copies of the award to the parties concerned, free of cost, within fifteen days from the date of the award.

(3) The application made under section 365A shall be disposed of within a period of one year from the date of receipt of the application. Provided that in case the application is disposed of within the said period, the Court shall record the reasons in writing for not disposing of the application within the specified period.

(4) An application for interim compensation shall be disposed of within a period of ninety days from the date of service of notice to the respondent(s).

(5) On an award being made under this section, the person(s) who is liable to pay any amount in terms of such award shall, deposit the entire amount within a period of thirty days from the date of making the award in such manner as may be prescribed in the rules.

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