[Act No. 31 of 1965] [20th October, 1965] An Act further to amend the Madhya Pradesh Public
Security Act, 1959 Be it
enacted by the Madhya Pradesh Legislature in the Sixteenth Year of the Republic
of India as follows:-- This
Act may be called the Madhya Pradesh Public Security (Amendment) Act, 1965. For
sub-section (3) of section 1 of the Madhya Pradesh Public Security Act, 1959
(25 of 1959) (hereinafter referred to as the principal Act) the following
subsection shall be substituted, namely:-- "(3) It shall
cease to have effect on the expiration of nine years from its commencement,
except as respects things done or omitted to be done before such
expiration." For
paragraph (vi) of clause (a) of sub-section (2) of section 18 of the principal
Act, the following paragraph shall be substituted, namely:-- "(vi) in determining the amount of compensation the
Court shall have regard to the following principles-- (A)
Where the amount of compensation is payable
for the requisitioning of any property under clause (a) of sub-section (1) it
shall consist of-- (a)
a recurring payment, in respect of the period
of requisition, of a sum equal to the rent which would have been payable for
the use and occupation of the property, if it had been taken on lease for that
period ; and (b)
such sum or sums, if any, as may be found
necessary to compensate the person interested for all or any of the following
matters, namely:-- (i)
pecuniary loss due to requisitioning (ii)
expenses on account of vacating the
requisitioned premises ; (iii)
expenses on account of reoccupying the
premises upon release from requisition ; and (iv)
damages (other than normal wear and tear)
caused to the property during the period of requisition, including the expenses
that may have to be incurred for restoring the property to the condition in
which it was at the time of requisition ; and (B)
Where the compensation is payable for the
acquisition of property under clause (b) of sub-section (1), it shall be-- (a)
the price which the requisitioned property
would have fetched in the open market, if it had remained in the same condition
as it was at the time of requisitioning and been sold on the date of
acquisition ; or (b)
twice the price which the requisitioned
property would have fetched in the open market if it had been sold on the date
of requisition, whichever is less."THE MADHYA PRADESH PUBLIC SECURITY (AMENDMENT) ACT, 1965
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