Compensation for articles taken over or surrendered

(1) Where, in pursuance of any order or direction referred to in section 2.- (i) any article of food or cattle fodder was surrendered to the Government. (a) in the case of articles which formed part of the cargo of S.S. Jai Hind, on or before 22nd May. 1958, and (b) In the case of articles transported along with or stored in contact with articles which formed part of the cargo of S.S. Jai Hind, on or before 5th June 1958. and such surrender was accepted by an officer authorized in that behalf or any such article was taken over by the Government compulsorily; and (ii) such article was subsequently destroyed. the Government shall pay to the person who surrendered such article or from whom such article was taken over compulsorily, compensation in accordance with the provisions of sub-sections (2) and (3) (2) The compensation, payable under sub-section (1) in respect of any article surrendered or taken over shall be the price paid for such article by the person who surrendered it or from whom it was taken over. Explanation.- For the purpose of this sub-section, the expression ‘price paid’ shall include the insurance and the transport charges, if any, paid or incurred by the person surrendering the article or from whom it was taken over, in respect of the insurance of such article or the transport of it from the place from where it was purchased by such person to the place at which it was surrendered or taken over. (3) Any payment made before the commencement of this Act towards compensation in respect of any article surrendered or taken over shall be taken into account and the balance amount alone shall be deemed to be payable. (4) The amount of compensation payable shall be determined by the Revenue Divisional Officer or the Inspecting Assistant Commissioner of Agricultural Income tax and Sales tax who verified the stocks under the orders of the District Collector. (5) Any person aggrieved by the orders of the Revenue Divisional Officer or the Inspecting Assistant Commissioner of Agricultural Income-tax (5) may, within thirty days from the date of the order, appeal to the Board of Revenue. The orders of the Board of Revenue on such appeal shall be final. (6) Where any article surrendered to or taken over by the Government is found. After test, to be free from contamination with poisonous substances, it may be returned to the person by whom it was surrendered or from whom it was taken over, on repayment by such person of the amount, if any, paid to him towards compensation. If any such article is not so returned, compensation shall be paid in accordance with the provisions of sub-sections (2) and (3) in respect of such article. (7) If any person refuses to accept any article returned in accordance with the provisions of sub-section (6), it shall be sold in public auction. Any amount already paid to such person towards compensation and the cost incurred in conducting the sale shall be deducted from the proceeds of the sale and the balance amount shall be paid to the person.