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Section 8 – The Displaced Persons (Compensation and Rehabilitation) Act,1954

The Displaced Persons (Compensation and Rehabilitation) Act,1954

Section 8. Form and manner of payment of compensation

(1) A displaced person shall be paid out of the compensation pool the amount of net compensation determined under sub-section (3) of Section 7 as being payable to him and subject to any rules that may be made under this Act the Settlement Commissioner or any other officer or authority authorized by the Chief Settlement Commissioner in this behalf may make such payment in any one of the following forms or partly in one and partly in any other form, namely :-

(a)in cash;

(b) in Government bonds;

(c) by sale to the displaced person of any property from the compensation pool and setting off the purchase money against the compensation payable to him;

(d) by any other mode of transfer to the displaced person of any property from the compensation pool and setting off the valuation of the property against the compensation payable to him;

(e) by transfer of share or debentures in any company or corporation;

(f)in such other form as may be prescribed.

(2)For the purpose of payment of compensation under this Act the Central Government may, by rules, provide for all or any of the following matters:

(a)the classes of displaced person to whom compensation may be paid;

(b) the scales according to which, the form and manner in which, and the installment by which, compensation may be paid to different classes of displaced persons;

(c) the valuation of all property, shares and debentures to be transferred to displaced person;

(d) any other matter which is to be or may be prescribed.

Section 8 – SYNOPSIS

1.Disposal of pool Property.

2.Expression “Subject to Rule” .

3.Payment of compensation.

COMMENTARY

1.Disposal of pool Property–Central Government has ample powers to take steps for disposal of pool property by auction sale Section do not lay law that payment of compensation by sale Of the pool property to a displaced person shall not be done unless the rules are framed, Surinder Singh v. Central Government,1987(2) L.L.R. 469.

2.ExpressionSubject to Rules” –Expression Subject to Rules only means in accordance with the rules if any If the rules are framed then the authority is not precluded from exercising the power conferred by the statute, Surinder Singh v. Central Government,1987(2) L.L.R. 469.

3.Payment as Compensation – Sections 8 and 20 provide for payment of compensation to displaced persons Framing of rules is not condition precedent to the exercise of power conferred by statute Central Government has ample jurisdiction to issue administrative directions, Surinder Singh v. Central Government,1987 (1) L.L.R. 250.

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The Displaced Persons (Compensation and Rehabilitation) Act,1954

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