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06/12/2022
Laws of Bangladesh

The Development Act, 1935

( ACT NO. XVI OF 1935 )

Determination of amount of compensation
36.(1) When a claim is preferred under section 35, the Collector shall, in the prescribed manner, after such inquiry as he deems proper and after considering any representations which may be made to him determine the amount of compensation, if any, which shall be granted.
 
 
(2) In determining whether any and, if so, what amount of compensation shall be granted, the Collector shall be bound by the provisions of any rules made by the Government under this Act regulating the grant of compensation under this section.
 
 
(3) When the amount of compensation has been determined under sub-section (1), if any dispute arises as to the apportionment of the same or any part thereof, the Collector shall, in the prescribed manner, refer such dispute to the Court, and such Court or any other Court mentioned in sub-section (5) to which the dispute may, subject to rules made under this Act, be transferred for decision, shall decide the same.
 
 
(4) In every reference under sub-section (3) the costs shall be at the discretion of the Court.
 
 
(5) In this section "Court" means a principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or 1[Assistant Judge] whom the
 
 
Government may appoint, by name or by virtue of his office, to perform concurrently with any such principal Civil Court the functions of the Court under this section within any specified local limits and, in the case of a 2[Assistant Judge] up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the 3[Civil Courts Act, 1887].

  • 1
    The word "Assistant Judge" were substituted, for the word "Munsif" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
  • 2
    The word "Assistant Judge" were substituted, for the word "Munsif" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987).
  • 3
    The words, comma and figure "Civil Courts Act, 1887" were substituted, for the words "East Bengal Civil Courts Act" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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