Chapter II CONSTITUTION OF MUNICIPALITIES.

(1) In every transitional area there shall be a Nagar Panchayat and every such Nagar Panchayat shall be a body corporate by the name of "the Nagar Panchayat" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.

(2) In every small urban area there shall be a Municipal Council and every such Municipal Council shall be a body corporate by the name of "the Municipal Council" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.

(1) Every municipality shall consist of elected councillors.

(2) The number of such councillors shall he-

(a) 21, in the case of a nagar panchayat,

(b) 27, if the population of the municipal borough exceeds 25,000 but does not exceed 50,000,

(c) 36, if the population of the municipal borough exceeds 50,000 but does not exceed 1,00,000,

(d) 42, if the population of the municipal borough exceeds 1,00,000 but does not exceed 2,00,000, and

(e) 51, if the population of the municipal borough exceeds 2.00.000.

(3) Out of the total number of scats of councillors in a municipality, there shall be reserved seats for Scheduled Castes, Scheduled Tribes, Backward Classes and women as follows, namely.

(a) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in that municipal area or of the Scheduled Tribes in that municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner.

(b) One-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes.

(c) One-tenth of the total number of seats to be filled by direct election in every municipality shall be reserved for persons belonging to backward classes and one-third of the seats so reserved for backward classes shall be reserved for women belonging to the backward classes. Such seats may be allotted by rotation to different constituencies in the prescribed manner.

(d) One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner.

(e) The reservation of seats under clauses (a), (b) and (c) (other than the reservation for women) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.

(4) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.

(5) Subject to the provisions of this Act, an election shall be held in accordance with the rules made by the State Government in that behalf.

(6) The State Election Commissioner shall be appointed within two months of the coming into force of the Gujarat Municipalities (Amendment) Act, 1993.

(7) The State Government shall, when so required by the State Election Com mission, make available to it the staff as may be necessary for the discharge of the functions conferred on it by clause (1) of article 243K of the Constitution of India

(8) Notwithstanding any vacancy due to failure to elect the full number of councillors which under this section might be elected the municipality shall be deemed to be constituted on the date of its first meeting.

Explanation :- For the purpose of this section,-

(a) "Scheduled Castes" means such castes, races of tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under aricle 341 of the Constitution of India;

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribe or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India, and

(c) "backward classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.

Determination of number of councillors to be elected and determination of wards. (1) Each municipality shall consist of councillors chosen by direct election.

(2) Where general election is to be held immediately after,-

(i) the specification of a local area as a 'transitional area" or as the case may be a smaller urban area' under article 243Q of the Constitution of India is made, or

(ii) the census is taken under the Census Act, 1948, and the relevent figures of which have been published, or

(iii) the limits of a municipal borough are altered,

(a) the State Government shall, by notification in the Official Gazette, determine the number of wards into which the municipal borough shall be divided, the number of councillors to be elected to the municipality and the number of seats to be reserved in favour of the Scheduled Castes, the Scheduled Tribes, the backward classes and women as provided in sub-section (3) of section 6.

(b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Scheduled Castes, Scheduled Tribes, backward classes and women among the wards in the prescribed manner.

(1) Every municipality. unless sooner dissolved shall continue for five years from the date appointed for its first meeting and no longer.

(2) The term of office of the councillors shall be co-extensive with the duration of the municipality.

(3) An election to constitute a municipality shall be completed before the expiry of its duration specified under sub-section (1).

Where it is not possible to hold the election to constitute a municipality as provided in section 8 of the Act on account of unforeseen circumstances such as natural calamity, riots, communal disturbances, all powers and duties of the municipality shall be exercised and performed by such officer as the State Government may, by order, appoint from time to time in this behalf.

(1) For every ward, there shall be a list of voters.

(2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Central Law for the time being in force and as revised, modified, up-dated, and published in accordance with the provisions of sub-section (2A).

(2A) Subject to the superintendence, direction and control of the State Election Commission, the list of voters shall be revised, modified, up-dated and published by such officer as may be designated by the State Election Commission in this behalf in the prescribed manner.

(3) No person shall be entitled to have his name included in the list of voters for more than one ward and for any ward more than once.

(4) The list of voters for any ward published under sub-section (2) shall remain in operation until a revised list of voters in respect of a municipal borough is so published.

Persons qualified to vote and be elected. (1) Every person whose name is in the list of voters referred to in section 9 shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote, and every person whose name is not in such list shall not be qualified to vote, at the election of a member for the ward to which such list pertains. (2) Every person who has attained the age of twenty-one years on the last date fixed for filing the nominations and whose name is in the list of voters shall, unless disqualified under this Act or any other law for the tune being in force, be qualified to be elected, and every person whose name is not in such list shall not be qualified to be elected, at the election for any ward of the municipal borough. (3) Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section whether the person is qualified or is not qualified to vote at any election.

General disqualifications for becoming a councillor. Vacation of seat. Decision of State Government in case of disputes. (1) No person may be a councillor- (a) Who— (i) has, whether before or after the commencement of this Act, been convicted by a court in India- (a) of an offence under the Untouchability (Offences) Act. 1955, or under the Bombay Prohibition Act, 1949; or (b) of any other offence and sentenced to imprisonment for not less than six months, unless a period of four years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction and where he was sentenced to imprisonment, since his release; or (ii) has been removed from office under section 37 and four years have not elapsed from the date of such removal, unless he has, by an order which the State Government is hereby empowered to make, if it shall think fit, in this behalf, been relieved from the disqualification arising on account of such removal from office; or (b) who is an uncertificated bankrupt or an undischarged insolvent; or (c) who is of unsound mind and stands so declared by a competent court; or (d) who is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State; or (e) who is a Judge; or (f) who is a salaried servant of Government or of a panchayat or municipality; (g) who is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State: Provided that where the disqualification was only on the ground that he was less than twenty-five years of age, he may be a Councillor if he has attained the age of twenty-one years before last date for filing nominations or; (h) who has more than two children : Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause, so long as the number of children he had on the date of such commencement does not increase: Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause. Explanation .- For the purpose of this clause,— (i) Where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity; (ii) 'child' does not include an adopted child or children. ] (2) No person- (a) who is a part time Officer or servant of a municipality, or (b) who fails to pay any arrears of any kind due by him to the Municipality (otherwise than as a trustee) within three months after a special notice in accordance with the rules made by the State Government in this behalf has been served upon him, or (c) who, save as hereinafter provided has directly or indirectly, by him self or his partner any share or interest in any work done by order of a municipality or in any contract or employment with or under or by or on behalf of a municipality, or (d) who, save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any transaction of loan of money advanced to, or borrowed from, any officer or servant of the municipality, may be a councillor of such municipality. (3) A person shall not be deemed to have incurred disqualification- (A) under clause (c) of sub-section (2) by reason of his- (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or (ii) having a share or interest in any joint-stock company or in any society, registered or deemed to be registered under the Gujarat Co-operative Societies Act, 1961 which shall contract with or be employed by or on behalf of the municipality, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the municipality may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the municipality, or (v) having a share or interest in the occasional sale to the municipality of any article in which he regularly trades, or in the purchase from the municipality of any article, to a value in either case not exceeding in any official year one thousand rupees or such higher amount not exceeding five thousand rupees as the municipality with the sanction of the State Government may fix in this behalf: Provided that where the share or interest has been in the sale or purchase of an article which is a controlled article and the sale or as the case may be, the purchase thereof is made with the previous sanction of the State Government the limitation as to value imposed by this clause shall not apply to such share or interest, Explanation.- For the purpose of sub-paragraph (v) "controlled article" shall mean an article the purchase, sale, distribution, storage, and price of which or any of them is regulated under any law for the time being in force, or (vi) having a share or interest in the occasional letting out on hire to the municipality or in the hiring from the municipality of any article for an amount not exceeding in any official year two hundred and fifty rupees or such higher amount not exceeding one thousand rupees as the municipality with the sanction of the State Government may fix in this behalf, or (vii) being a party to any agreement made with the municipality under the provisions of section 119 or of proviso (a) to sub-section (1) of section 229, or (viii) merely being a relative of a person in employment with or under or by or on behalf of the municipality; (B) under clause (d) of sub-section (2) by reason of his being a director or member of a Co-operative society which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the municipality. (4) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a Councillor shall cease to hold office as such Councillor.

No person shall vote at any municipal election under this Act, if he— (a) is of unsound mind and stands so declared by a competent court, or (b) is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under acknowledgement of allegiance or adherence to a foreign State.

Right to vote. (1) No person shall vote at any election in more than one ward and if a person votes in more than one ward, his vote in all such wards shall be void. (2) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been entered in the list of voters for that ward more than once, and if he does so vote, all his votes in that ward shall be void. (3) The ward in which a person votes for the first time after his name is entered in the list of voters shall be the ward in which he shall be entitled to vote at any subsequent election unless before such election his name has been deleted from the list of voters for that ward.

Determination of validity of elections. (1) If the validity of any election of a councillor is brought in question by any person qualified to vote at the election to which such question refers or by any candidate for such election such person may, at any time within fifteen days after the date of the declaration of the result of the election, apply to the District Court of the district within which the election has been or should have been held, for the determination of such question. (2) An inquiry shall thereupon be held by a Judge, not below the grade of an Assistant Judge appointed by the State Government either specially for the case or for such cases generally; and such Judge may, after such inquiry as he deems necessary and subject to the provisions of sub-section (5), pass an order confirming or amending the declared result of the election, or setting the election aside for the purposes of the said inquiry, the said Judge may summon and enforce the attendance of witnesses and compel them to give evidence as if he were a Civil Court, and he may also direct by whom the whole or any part of the costs of any such inquiry shall be paid. Such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908. The decision or order shall be conclusive. (3) All applications received under sub-section (1)— (a) in which the validity of the election of councillors elected to represent the same ward is in question shall be heard by the same judge; and (b) in which the validity of the election of the same councillor elected to represent the same ward is in question shall be heard together. (4) Notwithstanding anything contained in the Code of Civil Procedure, 1908, the Judge shall not permit (a) any application to be compromised or withdrawn or (b) any person to alter or amend any pleading, unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bonafide and not conclusive. (5) (a) If the Judge is satisfied— (i) that on the date of the election, the elected candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act, or (ii) that any currupt practice has been committed by the elected candidate or his election agent or by any other person with the consent of the elected candidate or his election agent; or (iii) that any nomination has been improperly rejected: or (iv) that the result of the election, in so far as it concerns the elected candidate, has been materially affected by the improper acceptance of any nomination or by any corrupt practice committed in the interests of the elected candidate by an agent other than his election agent, or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or by any non-compliance with the provisions of this Act or of any rules or orders made under this Act, the Judge shall set aside the election of the elected candidate and where the election is set aside, on a ground mentioned in item (i) or (ii), shall declare the candidate disqualified for the purpose of such fresh election as may be held under sub-section (2) of section 42. (b) If in any case to which clause (a) does not apply, the validity of an election is in dispute between two or more candidates the Judge shall, after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the greatest number of valid votes in his favour, to have been duly elected: Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it: Provided further that after such computation, if an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall he added to the total number of valid votes found to have been recorded in favour of the candidate or candidates, as the case may be, selected by lot drawn in the presence of the Judge in such manner as he may determine. (6) A person shall be deemed to have committed a corrupt practice within the meaning of sub-section (5)— (i) who, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any gratification or holds out any promise of individual profit, or holds out any threat of injury to any person, or property; or (ii) who, with a view to inducing any person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, offers or gives any gratification or holds out any promise of individual profit, or holds out any threat of injury to any person, or property; or (iii) who gives, procures, or abets the giving of a vote in the name of a voter who is not the person giving such vote; or (iv) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter to, or from, any polling station: Provided that— (a) the hiring of a vehicle or vessel by a candidate for himself or

Voter disqualified for corrupt practice. Any person who has been convicted of an offence under section 171-E or 171-F of the Indian Penal Code, or has been disqualified from exercising any electoral right for a period of not less than five years on account of malpractices in connection with an election, shall be disqualified for five years from the date of such conviction or disqualification from voting at any municipal election in any municipal borough.

(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of ninety meters of the polling station, namely:-(a) canvassing for votes ; or (b) soliciting the vote of any voter; or (c) persuading any voter not to vote for any particular candidate ; or (d) persuading any voter not to vote at the election ; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees. (3) An offence punishable under this section shall be cognizable.

(1) No person shall, on the date or dates on which a poll is taken at any polling station,-(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or (b) shoat, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty, at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

Penalty for misconduct at polling station. (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding Officer, he shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both. (4) An offence punishable under sub-section (3) shall be cognizable.

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election under this Act shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes provisions of sub-section (1) shall on conviction, be punished with imprisonment for the term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Officers, etc., at elections not to act for candidates or to influence voting. (1) No person who is a Returning Officer or a presiding or polling officer at an election under this Act or an officer or clerk appointed by the Returning Officer or the presiding officer to perform any duty in connection with an election under this Act, shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid and no member of a police force shall endeavour,-(a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Breaches of official duty in connection with elections. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to one thousand rupees. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the maintenance of list of voters, the receipt of nominations or withdrawals of candidatures or the recording or counting of votes at an election under this Act and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

Removal of ballot papers from polling station to be an offence. (1) Any person who at any election under this Act fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets in doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer : Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable.

(1) A person shall be guilty of an offence if at any election under this Act he,- (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys, or removes any list, notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or (d) without due authority supplies any ballot paper to any person; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently or without due authority, as case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an offence under this section shall,- (a) if he is a Returning Officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000 or with both; (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500 or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election under this Act or part of such election including the counting of votes or to be responsible after such election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

Prosecution regarding certain offences. No court shall take cognizance of any offence punishable under section 20 or under section 21 or under clause (a) of sub-section (2) of section 23 unless there is complaint made by an order or under authority of the Collector.

Requisitioning of premises, vehicles, etc., for municipal elections. (1) If on a request made by the President of a municipality in that behalf or on its or his own motion it appears to the State Government or an officer authorised by the State Government (hereinafter referred to as the requisitioning authority), that in connection with an election under this Act,- (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 the performance of any duties in connection with such election, (c) the requisitioning authority 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, vessel 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 sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed by rules made by the State Government on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), 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-section. Explanation. — For the purpose of this section "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof.

Payment of compensation. (1) Whenever in pursuance of section 25, the requisitioning authority requisitions any premises, the municipality shall pay to the person 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 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 to the requisitioning authority within the time prescribed by rules made by 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 requisitioning authority 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 requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.-In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 25 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 25, the requisitioning authority requisite any vehicle, vessel or animal, the municipality shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority 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 to the requisitioning authority within the time prescribed by rules made by 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 requisitioning authority 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 requisitioning authority in this behalf may decide. (1) ... (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 to the requisitioning authority within the time prescribed by rules made by 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 requisitioning authority 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 requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.-In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 25 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 25, the requisitioning authority requisite any vehicle, vessel or animal, the municipality shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority 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 to the requisitioning authority within the time prescribed by rules made by 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 requisitioning authority 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 requisitioning authority in this behalf may decide.

Power to obtain information. The requisitioning authority may with a view to requisitioning any property under section 25 or determining the compensation payable under section 26, 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.

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 25 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may, after giving to any woman not appealing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

(1) When any premises requisitioned under section 25 are to be released from requisition, the possession thereof shall be delivered to the person, from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to whom possession of any premises requisitioned under section 25 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or the municipality shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

Penalty for contravention of any order regarding requisitioning. If any person contravenes any order made under section 25 or section 27, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.