Payment of compensation

(1)Whenever in pursuance of sub-section (1) of section 546, the State Government requisitions any premises, there shall be paid to the persons interested in the premises, compensation, the amount of which shall be determined by taking into consideration the - (a) rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (1) If it appears to the State Government that— (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 performance of any duties in connection with such election, the State Government 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 Act for such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. (3) Whenever any premises, vehicle, vessel or animal is requisitioned under clause (a) or (b) of subsection (1), the period of such requisition shall not extend beyond the period for which such premises, vehicle, vessel or animal is required for any of the purposes mentioned in that sub-clause. (4) In this section — (a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) “vehicles” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. (1)Whenever in pursuance of sub-section (1) of section 546, the State Government requisitions any premises, there shall be paid to the persons interested in the premises, compensation, the amount of which shall be determined by taking into consideration the - (a) rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (b) 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 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 State Government 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 an Arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such Arbitrator. Explanation : — In this section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under sub-section (1) of section 546 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (3) Whenever in pursuance of sub-section (1) of section 546 the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government 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 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 State Government 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 agreed upon, and in default of agreement, in such manner as an Arbitrator appointed by the State Government in this behalf may decide.