Epidemic Diseases Act,1897
Act No : 3
Section : PRINCIPLES AND METHOD OF DETERMINING COMPENSATION
SECTION 02C: PRINCIPLES AND METHOD OF DETERMINING COMPENSATION
(1) Where any vehicle is requisitioned under this Act there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles here it after set out that is to say.
(a) where the amount of compensation can he fixed by agreement it shall he paid in accordance with such agreement
(b) where no such agreement can be reached, the State Government shall appoint an officer not below the rank of an Additional District Judge as arbitrator:
(c) the State Government may many particular case nominate a person having expert knowledge us to the nature of the vehicle requisitioned, to assist the arbitrator, and where such nomination is made. The person to be compensated may also nominate an assessor for, the said purpose:
(d) at the commencement of the proceeding before the arbitrator the State Government and the person to be compensated shall State what in their respective opinion is a fair amount of compensation.
(e) the arbitrator in making his award shall take into consideration the loss of earning, if any sustained by the owner of reason of the requisition, the prevalent market rate of hire for the class of vehicle requisitioned and the condition of the vehicle requisitioned: and
(f) nothing in the Arbitration Act, 1940 (10 of 1940)-, shall apply to arbitrators under this section.
(2) The State Government may by rules prescribe the procedure to be followed in such arbitrations, the principles to be followed in apportioninig the costs of the proceedings before the arbitrator and the fees to be paid to experts and assessors appointed under clause (c) subsection( 1).
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