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Section 161 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 161. Payment of compensation

(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons 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 so 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 chance his residence or place of business, the reasonable expenses (if any) incidental to such change:

Provided that where any person interested being a aggrieved by the amount of compensation so determined makes all application within the prescribed time to the State Government for refer in a the matter to all 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, the State Government to shall refer it all arbitrators appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such arbitrator.

Explanation.In this subsection, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in Pursuance of section 160 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 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 wit in 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 the 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 all arbitrator appointed by the State Government in this behalf may decide.

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The Representation of the People Act,1951

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