WBPE Act 128अध्याय IX · Chapter XV

धारा 128 · Payment of compensation

(1)

Whenever in pursuance of section 127, the District Panchayat Election Officer requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:-

(i)

the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;

(ii)

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 District Panchayat Election Officer for referring the matter to an arbitrator, appointed in this behalf by the State Government, the amount of compensation to be paid shall be such as the arbitrator, 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 the arbitrator appointed under the first proviso for determination, and shall be determined in accordance with the decision of such arbitrator.Explanation. - For the purposes of this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 127 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2)

Whenever in pursuance of section 127, the District Panchayat Election Officer requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Commission 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 District Panchayat Election Officer for referring the matter to an arbitrator, appointed in this behalf by the State Government, the amount of compensation to be paid shall be such as the arbitrator 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 under the first proviso, may decide.

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