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Calculation of amount of payment for betterment.
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73.—(1) Subject to the provisions of this section the amount of a payment for betterment shall be calculated by reference to the value of the property in respect of which such payment is claimed at the time at which application for such payment is made by the responsible authority.
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(2) Any person to whom an application for payment for betterment is made (otherwise than by virtue of the subsequent provisions of this section) by a responsible authority may, by notice served on such responsible authority within twenty-eight days after the making of such application, require that the amount of such payment for betterment shall be calculated on the basis that the purposes for and manner in which the property in respect of which such payment for betterment is so applied for can lawfully be used is effectively and permanently restricted to the purposes for and the manner in which such property is actually used at the date of such application for payment for betterment.
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(3) When such requisition as is mentioned in the next preceding sub-section of this section has been duly made, the amount of the payment for betterment to which such requisition relates shall be calculated in accordance with such requisition.
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(4) When the amount of a payment for betterment is calculated in accordance with a requisition under the foregoing provisions of this section, and within fourteen years after the date of the application for such payment for betterment the property which was the subject of such application or any portion of such property is sold, leased, or let on any form of tenancy for any term not less than two years or is used for a purpose or in a manner substantially different from the purpose for or the manner in which it was used at the date of such application, the responsible authority shall be entitled to apply for, receive, and recover under this Act from the person by whom such requisition was made or from any other person upon whom such property or such portion thereof (as the case may be) has devolved by operation of law, a payment for betterment calculated by reference to the value of such property or such portion thereof at the date of such last-mentioned application and on the basis that there is no such special restriction as is mentioned in the said requisition on the use of such property or such portion thereof but with due allowance for (as the case may require) the payment for betterment (if any) already made in respect of such property or a proper proportion of such payment for betterment (if any).
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(5) Every application by the responsible authority under the next preceding sub-section of this section for a payment of betterment calculated in accordance with that sub-section shall be made within twelve months (or such longer period as shall be allowed by the planning scheme) after the property or the portion thereof, in relation to which such application is made, is so sold, leased, or let or is begun to be so used as to entitle the responsible authority to make such application.
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(6) Where a requisition is made under the foregoing provisions of this section by a statutory undertaker in respect of property occupied by him, then so long as such property continues to be occupied by such statutory undertaker and is used by him for the purposes or any of the purposes of his undertaking, such property shall not be deemed to be used for a purpose or in a manner substantially different within the meaning of this section from the purpose for and the manner in which it was used at the date of the application for payment of betterment in relation to which such requisition was so made.
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(7) Every responsible authority shall enter in the register the prescribed particulars of every such requisition, and shall not be entitled to any further payment for betterment under sub-section (4) of this section in respect of any property unless the said particulars of the said requisition in relation to such property are so entered in the register within one week after the service of such requisition.
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(8) Whenever any property which is the subject of a requisition duly entered in the register in accordance with the foregoing sub-section of this section or any portion of such property is, within fourteen years after the date of the application which occasioned the service of such requisition, sold, leased for any term, or let in any form of tenancy or is used for a purpose or in a manner substantially different from the purpose for or manner in which it was used at the date of such application, it shall be the duty of the person by whom such application was made or of any other person upon whom such property or such portion thereof has devolved by operation of law to serve on the responsible authority by whom such requisition is so entered in the register notice in writing of such sale, lease, letting, or change of user (as the case may be) within fourteen days after the occurrence thereof, and if he fails so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceeding one pound for every day during which such failure continues.
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