Page:Defence of India Act, 1962 on Gazette of India.pdf/29

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
443


compensation to be paid shall be such as may be determined by the arbitrator in accordance with sub-section (1).

(3) The provisions of section 31 and section 32 shall apply in relation to the acquisition of any property or the determination of compensation for such acquisition as they apply in relation to the requisitioning of any property or the determination of compensation for such requisitioning.

(4) 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 to an arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, for determination, and his decision thereon shall be final.

Power to make rules. 38. (1) The Central Government or the State Government, as the case may be, may by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may prescribe—

(a) the procedure to be followed in arbitration proceedings under this Chapter;
(b) the period within which the owner of any property or any other person interested in the amount of compensation may apply to the Government concerned for referring the matter to an arbitrator;
(c) the principles to be followed in apportioning the costs of proceedings before the arbitrator;
(d) the method of payment of compensation;
(e) the manner of service of notices and orders;
(f) any other matter which has to be, or may be, prescribed.

Certain properties requisitioned under previous law to be deemed to be requisitioned under this Chapter. 39. Any property referred to in sub-section (2) of section 24 of the Requisitioning and Acquisition of Immovable Property Act, 195230 of 1952., which continued, immediately before the commencement of that Act, to be subject to requisition under the Requisitioned Land (Continuance of Powers) Act, 194717 of 1947., and has not, immediately before the commencement of this Act, been released from requisitioning shall, notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any court, be deemed to be the property requisitioned under sub-section (1) of section 29 if such property is, in the opinion of the Central Government, now required for any of the purposes specified in that subsection:

Provided that—

(a) all agreements or awards for the payment of compensation