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The Civil Defence Act, 1952

( ACT NO. XXXI OF 1952 )

Compensation to be paid in accordance with certain principles for compulsory acquisition of immovable property, etc.
6. (1) Where under section 7 by or under any rule made under this Act any action is taken of the nature described in 1[Article 42 of the Constitution of the People's Republic of Bangladesh], 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 Government shall appoint as arbitrator a person qualified for appointment as a Judge of 2[the High Court Division.]
(c) The Government may, in any particular case, nominate a person having expert knowledge of the kind of property which has been acquired, to be an assessor 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 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 3[sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982)], 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 this Act, is subsequently acquired under section 7 or any such rule, the arbitrator in any proceedings in connection with such acquisition shall, for the purposes of the provisions of the said section 23, 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 4[High Court Division] against any award of an arbitrator except in cases where the amount awarded does not exceed an amount prescribed in this behalf by rule made by the Government.
(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.
(2) The Government may make rules for the purpose of carrying into effect the provisions of this section.
(3) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-
(a) the procedure to be followed in arbitrations under this section;
(b) the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal;
(c) the maximum amount of an award against which no appeal shall lie.

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