(1) If in the opinion of the Governor it is necessary or expedient so to do for preventing or suppressing subversive acts or for maintaining supplies and services essential to the life of the community or for rehabilitating persons displaced from their residence.
Power to requisition property.
104 THE GAZETTE OF INDIA EXTRAORDINARY [PAFT II lands or shops due to disturbed conditions, he may by order in writing requisition any property, movable or immovable, and may make such further orders as appear to him to be necessary or expedient in connection with the requisitioning :
Provided that no place or premises used for the purpose of religious worship shall be requisitioned under this section.
(2) The Governor may use or deal with any property requisitioned under sub-section (2) in such manner as may appear to him to be expedient.
(3) The Central Government shall pay compensation for any property requisitioned under sub-section (1), and the principles according to which and the manner in which such compensation is to be determined and given shall be as follows :—
(a) where the amount of compensation can be fixed by agreement, it shall be paid within three months in accordance with such agreement;
(b) where no such agreement can be reached, the amount of compensation shall be such as an arbitrator appointed in this behalf by the Governor may award :
Provided that in the case of immovable property, the arbitrator shall be the Judicial Officer, Nagaland;
(c) in awarding the amount of compensation, the arbitrator shall have regard to the pecuniary loss attributable to the requisition and to any other circumstances which he considers to be just and proper;
(d) in the case of immovable property, the Governor may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned to assist the - arbitrator and where such nomination is made, the person to be compensated may also nominate another person for the said purpose;
(e) an appeal shall lie to the High Court against an award of the arbitrator except in cases where the amount of compensation awarded does not exceed five thousand rupees in lump or, in the case of an amount payable periodically, two hundred and fifty rupees per month;
(f) the amount awarded as compensation by the arbitrator or ordered to be paid by the High Court on appeal under clause
(e) shall be paid within three months of the date of the award made by the arbitrator or, as the case may be,-the date of the order of the High Court;
SKC. 1]- THE GAZETTE OF INDIA EXT-RAORELNARV 105
(g) save as provided in this sub-section and in any rules made under section 41, nothing in any other law for the time being in force shall apply to :.ii arbitration under this sub-section.
(4) Where any immovable p- operty requisitioned under subsection (1) is to be released from requisition, the Governor may, after making such enquiry, if any, as he considers necessary, specify by order in writing the person who appears to him to be entitled to the possession of such property.
(5) The delivery of possession of the immovable property requisitioned under sub-section (2) to the person specified in an order made under sub-section (4) shall be a full discharge of the Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of such property which any other person may be entitled by due process of law to enforce against the person to whom possession of such property is so delivered.
(6) Where the person to whom possession of any immovable property requisitioned under sub-section (1) is to be given cannot be found or is not readily ascertainable or has no agent or other person empowered to accept delivery on his behalf, the Governor shall cause a notice declaring that such property is released from requisition tc be aftixed on some conspicuous part of such property and publish the notice in the Official Gazette.
(7) When a notice referred to in' sub-section (6) is published in the Official Gazette, the immovable property specified in such notice shall cease to h.: :u!:_"cct to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the Government shall not be liable for any compensation or other claim in respect of such property for any period after the said date.
(8) Where any immovable property requisitioned under subsection (1) is released from requisition, compensation shall also be paid in respect of any damage done during the period of requisition to such property other than what may have been sustained by normal wear and tear or by naturcl causes, and where the amount of such compensation cannot be fixed by agreement, the matter shall be referred to an arbitrator and thereupon the provisions of sub-section
(3) which are applicable to immovable property shall, as far as may be, apply.
(9) The Governor may, with a view to requisitioning any property under sub-section (1), by order—
(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be so specified;
io6 'THE GAZETTE OF INDIA EXTRAORDINARY [PART U (b; direct that the owner, occupier, or person in possession of the property shall not without the permission of the Governor dispose of it or, where the property is a building, structurally alter it or, where the property is movable, remove it from the premises in which it is kept, till the expiry of such reasonable period as may be specified in the order.
(10) Without prejudice to any powers otherwise conferred by this Regulation, any person authorised in this behalf by the Governor may enter any premises between sunrise and sunset and inspect such premises and any property therein or thereon for the purpose of determining whether, and if so, in what manner, an order under this section should be made in relation to such premises or property, or with a view to securing compliance with any order made under this section.
(11) (a) The Governor may, at any time by order in writing, require the owner of any immovable property requisitioned under sub-section (1) to execute such repairs therein as he deems necessary and within such time as he may specify in the order.
(b) If the owner fails to execute or complete such repairs within the time specified, the Governor may cause such repairs to be executed or completed and the cost thereof shall be recoverable from the owner as if it were an arrear of land revenue.
(c) The Governor may, without prejudice to any other mode of recovery, deduct the cost referred to in clause (b) or any part thereof from the compensation payable to the owner under sub-section (3).
(12) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
CHAPTER VI MISCELLANEOUS PROVISIONS Power to obtain information.