The Defence of India Act 1939, 35 of 1939, (Rep., Act 2 of 1948) · IV — .

Section 14. Save as otherwise expressly provided b y OrJuridiotton under this Act, the ordinary criminal and civil

Repealed or not in force · As amended up to 2026-08

CHAPTER IV. SUPPLEMENTAL. 14. Save as otherwise expressly provided b y OrJuridiotton under this Act, the ordinary criminal and civil ~ourts$=q shall continue to exercise jurisdiction. andinterest and the defence of British India. u J (21 Where Defence `of` Iqzdia. (2) Mhere an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872, presume that I or 1 such order was so made by that authority. (2) gave as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Crown for any damage caused or likely to be caused by anything in good faith done or iatended to be done in pursuance of this Act or any rules made thereunder. - (a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement. - (b) UThere no such agreement can be reached, the Central G,overnment shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the above-mentioned Act for appointment as a Judge of a High Court. - jc) The Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination `is` made, the person to be compensated may also nominate an assessor .for the said purpose. L ~ 7 ~ ' 17 `bbi` ~ v e been made and )f any power cont shall, within the 872, presume that 1 of 1872. ~rity. her legal proceedything which is in ir: in pursuancle of r. rovided under this 5 shall lie against iltolv to be caused ndei to be d'oric in ~ d e thereunder. time being i$ force ~cally or otherwise, ature described in Defenoe `of` India. - id) ,I1 the commencement of tho proceeding8 before the arbitrator, the Central Government and the person to be compensated ahall 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, so far as the same can be made applicable ; - and - `(ii)` whether the acquisition is of a permanent or temporary character. - (f) An appeal shall lie to the High Court against an 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 Central Government. . - (g) Save as provided in this section and in a!y rules made thereunder, nothing in any lam for the time being in force shall apply to arbitrations under this sec~iol~. (2) The Central Government may make rules for - and on appeal ; - (c) the maximum amaunt of an award against which no appeal shall lie. 20. I n this Act, unless there is anything repugnant Debition, in the subject or context, the expression " Provincial Government " means, in relation to a Chief Comrnis&oner's Province, the Chief Commissioner, ord. `p-` ef 1939, 21. The Defence of India Ordinance, 1939 is hereby Repeal amd repeeled ; aud any rules made, anything done and anyeav'"g. action taken in exercise of any power conferred by or under the hiaid Ordinance shall be deemed to heave been mode, done or taken in exercise of powers conferred `by` or under this Act as if this Act had commenced on the 3rd day of September, 1939, - ,.>

Source: India Code