(1) Notwithstanding anything contained in any other law for the time being in force, if in the opinion of the Central Government or the State Government it is necessary or expedient so to do for securing the defence of India, civil defence, public safety, maintenance of public order or efficient conduct of military operations, or for maintaining supplies and services essential to the life of the community, that Government may by order in writing requisition any immovable property and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning:
Provided that no property or part thereof which is exclusively used by the public for religious worship shall be requisitioned.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Central Government or the State Government, as the case may be, to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section
(1), the period of such requisition shall not extend beyond the period for which such pioperty is required for any of the purposes mentioned in that sub-section.
Requisitioning of immovable, property.
20. Whenever in pursuance of section 19 the Central Government or the State Government, as the case may be, requisitions any immovable property, 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 property or if no rent is payable, the rent payable in respect of similar property in the locality;
(il) if in consequence of the requisition of the property the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, 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 CentraFGovernment or the State Government, as the case may be, may deter- Payment of compensation.
334 THE GAZETTE OF INDIA EXTRAORDINARy [PART It
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, it shall be referred to- an arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.—In this section, the expression "person interested" means the person who was in actual possession of the property requisitioned under section 19 immediately before the requisition, or where no person was in such actual possession, the owner of such property.
21. The Central Government or the State Government, as the case may be, may, with a view to requisitioning any property under section 19 or determining the compensation payable under section 20, by order—
(a) require any person to furnish to the authority mentioned therein such information in his possession relating to any property as may be specified;
(b) direct that the owner, occupier or the person in possession of the property shall not, without the permission of Government, dispose of it or where it is a building, structurally alter it till the expiry of such period as may be specified in the order.
Power to obtain information and give direction.
22. Any person authorised in this behalf by the Central Government or the State Government, as the case may be, may enter into any immovable property and inspect such property for the purpose of determining whether, and if so in what manner, an order under section 19 should be made in relation to such property or with a view to securing compliance with any order made under that section.
Power of entry into, and inspection of, property, etc.