Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: S. 10

Displaced Persons (Compensation & Rehabilitation) Act (XXVIII of 1958),   S. 10-Interpretation.   The power of the Chief Settlement Commissioner under section 10, Displaced Persons (Compensation and Rehabilitation) Act, 1958, is subject to the provisions of the Act and the rules made thereunder. It is only where the provision of the Act and the rules, are silent that the Chief Settlement Commissioner can deal with the situation in a manner that the thinks proper after approval of the Central Government. The object of the Legislature underlying section 10 appeals to be to expeditiously dispose of the claims. The Legislature with that view, knowing the limitation that it is not possi ble to provide for every situation, gave wide power to the Chiet Settlement Commissioner to deal with the new situations that may arise and not provided for in the statute or in the rules.   There is no reason to give a restricted interpretation to the words "subject to the provisions of this Act and the rules made thereunder." The intention of the Legislature could not be to give power to the Chief Settlement Commissioner so as to override the provisions of the Act or the rules.   The intention of the Legislature always is to so enact that it leads to certainty and not to uncertainty. Keeping this object in view the Legislature could not have intended to keep people in. uncertainty by giving overriding power over the provisions of the Act and the Rules to the Chief Settlement Commissioner.   The Chief Settlement Commissioner will have jurisdiction to transfer or dispose of the property out of the compensation pool in a way that he thinks best in the absence of any provision in the Act or the Rules made thereunder.   The interpretation of section 10 is not easy. If the words "Subject to the provision of this Act or Rules" did not occur, the meaning would be that the Chief Settlement Commissioner can act either (a) according to the Schedule or (b) subject to Government's approval outside the Schedule. But the Schedule is one of the provisions of the Act, is couched in mandatory terms, and contains no dispensing power. If the…