Section 6: Payment of compensation

6. Payment of compensation. ___(1) In respect of the continued subjection of requisitioned land to requisition under this Ordinance, compensation shall be determined and paid in accordance with the provisions of section 18 of the Defence of Pakistan Ordinance, 1965 (XXIII of 1965), and of the rules made thereunder : Provided that all agreements and awards under the said section in respect of the payment of compensation for the period of requisition before the commencement of this Ordinance shall continue to be in force and shall apply to the payment of compensation for the period of requisition after such commencement. (2) In respect of any acquisition of requisitioned land under this Ordinance, there shall be paid compensation the amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say___ (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the appropriate Government shall appoint as arbitrator a person who has been, or is qualified for appointment as, a Judge of a High Court; (c) the appropriate Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired 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 proceedings before the arbitrator, the appropriate Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation; (e) the arbitrator in making his award shall have regard to ___ (i) the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (I of 1894), so far as the same can be made applicable; and (ii) whether the acquisition is of a permanent or temporary character: Provided that, where any property requisitioned under any rule made under the Defence of Pakistan Ordinance, 1965 (XXIII of 1965), is subsequently acquired under section 5 of this Ordinance, the arbitrator in any proceedings in connection with such acquisition shall, for the purposes of the provisions of the said section 23 of the Land Acquisition Act, 1894 (I of 1894), take into consideration the market-value of the property at the date of its requisition as aforesaid and not at the date of its subsequent acquisition; (f) an appeal shall lie to the High Court against any award of an arbitrator except in cases where the amount thereof does not exceed an amount prescribed in this behalf by rule made by the appropriate Government; and (g) save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section. (3) The appropriate Government may make rules for the purpose of carrying into effect the provisions of this section. (4) For the purposes of sub-section (1), all the provisions of section 18 of the Defence of Pakistan Ordinance, 1965 (XXIII of 1965), and of the rules made thereunder, and for the purposes of sub-section (2) such of those provisions as relate to matters of procedure, shall be deemed to be continuing in force.

Effective date: 1969-01-01

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