Section 4Requisition of factories, etc.

s. 4

4. Requisition of factories, etc (1) The Government may, by a general or special order, requisition any factory or any place, whether open or enclosed, and use the same for ginning, pressing or storing cotton and for purposes incidental to the purposes of this Act, whether such cotton has been purchased by or on behalf of the Government or not. (2) If any such factory or place is requisitioned under this section, there shall be paid compensation 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 [the High Court Division]; (c) the Government may, in any case, nominate a person having expert knowledge as to the nature of the factory or place requisitioned, 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 the provisions of [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 to an acquisition of a temporary character. (3) The Government may prescribe the procedure to be followed in arbitration under sub-section (2).

1. 4. The words “the High Court Division” were substituted for the words “a High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2. 5. The words, brackets, figures and comma “sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982)” were substituted for the words, brackets, figures and comma “sub-section (1) of section 23 of the Land Acquisition Act, 1894” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)