section 4
Principles and method of determining amount for requisitioning of accommodation
The Madhya Pradesh Accommodation (Requisition) Act, 1948General194816 sections
Statutory text
- (1) Where any accommodation is requisitioned under this Act, there shall be paid an amount determined in the manner and in accordance with the principles hereinafter set out, that is to say,—
- (a) where having regard to the provisions of sub-section
- (2) so far as they are applicable, the amount can be fixed by agreement between the requisitioning authority and the owner, it shall be paid in accordance with such agreement;
- (b) where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the accomodation is situate;
- (c) at the commencement of the proceedings before the arbitrator, the State Government and the owner shall state what in their respective opinion is a fair amount;
- (d) the arbitrator shall, after hearing the dispute make an award determining the amount which appears to him to be just and specifying the owner or owners to whom such amount shall be paid; and in making the award he shall have regard to the circumstances of each case and the provisions of sub-section (2), so far as they are applicable;
- (e) where there is any dispute as to the owner or owners who are entitled to the amount, the arbitrator shall decide such dispute and if the arbitrator finds that more owners than one are entitled, he shall apportion the amount amongst such owners;
- (f) an appeal shall lie to the High Court against the award of an arbitrator;
- (g) save as provided in this section and any rules made there-under, nothing in any law for the time being in force shall apply to arbitrators under this section.
- (2) The amount payable for the requisitioning of any accommodation shall consist of—
- (a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the accommodation, if it had been taken on lease for that period; and
- (b) such sum or sums, if any, as may be found necessary to compensate the owner for all or any of the matters, namely:—
- (i) pecuniary loss due to requisitioning;
- (ii) expenses, on account of vacating the requisitioned premises;
- (iii) expenses on account of reoccupying the premises upon release from requisition; and
- (iv) damages (other than normal wear and tear) caused to the accommodation during the period of requisition, including the expenses that may have to be incurred for restoring the accommodation to the condition in which it was at the time of requisition.
- (3) Where the accommodation requisitioned in pursuance of section 3 is held by a tenant, the tenant shall be paid an amount as hereinafter provided that is to say—
- (a) where the tenancy is one from month to month the tenant shall be paid an amount equal to two months rent;
- (b) where the tenancy is one from year to year or for a fixed term not exceeding one year, the tenant shall be paid an amount equal to four months rent;
- (c) where the tenancy is one for a fixed term exceeding one year, the tenant shall be paid an amount equal to six months rent. Explanation.— For the purpose of this sub-section, "rent" means the rent payable by tenant for the accommodation immediately before the date on which it is requisitioned.
- (4) The payment of an amount under this section to any person appearing entitled to it in the opinion of the requisitioning authority or the State Government or the arbitrator, as the case may be, shall be full discharge of the State Government from all liabilities in respect of payment of such amount for requisitioning of such accommodation but shall not prejudice any rights in respect of the accommodation which any other person may be entitled by due process of law to enforce against the person to whom amount has been paid as aforesaid.
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