(!) Whenever in pursuance of. section 3, State Government requisitions any vehicle, there shall be paid to the owner compensation as may be agreed upon between him and the State Govern in the absence of such agreement, such compensation as may be determined Committee consisting of tbe Depuly Commissioner, the Executive Engineer, Works Department, and the Superintendent of Police of the District where vehicle is requisitioned. • [The Committee shall, after taking into consideration
(a) the model, make, type, class and condition of the vehicle ;
(b) the loss or damage, if any, sustained by the owner by reason req nisi tion ; ,
(c) the expense or inconvenience, if any, to which the owner is put reason of the requisition ; and
(d) all other relevant factors, fix the compensation payable to the in respeect of the period of requisition at such rate, not exceeding Rs.25 day, as the Committee may deem fair]'.
(2) The compensation fixed under sub-section (1) shall be paid by officer or authority requisitioning the vehicle ; such officer or authority shall be bound to pay any dues outstanding on mortgages and other encum of tbe Fequisitioned vehlcle.
(3) Release from requisition.-The officer or authority requisitioning vehicle or the Controller may at any time release the vehicle from requisition When it is decided <;O to do, a notice in writing shall be served Oll the own.er .
take delivery of the vehicle on or within such date and from such place ·such verson as may bt- specified therein.
(4) With effect from such date no further liability for compensation payment vf any other kind shall lie with the officer or authority the vehicle :
Provided such officer or authority may make such further payment on of compensatjon for any material damage done to the vehicle during the of requislbon, as assessed by the C,ammittee mentioned in sub-see:tion (3) ao,ove::.q·, · 1Substituted by Assam Act XII of 1951 for the words "In determining amount of compensation the Committee shall take into consideration the loss earning if any sustained by the owner by reason of requisition or the model; make, type, class and condition of the vehicle : · ·
Provided that the maximum rate of compensation payable to the owner not 'exceed- Rs.20 per day during the period of requisition", · 353
(5) The delivery ~f possession ·of th~ vehicle to the owner or his accredited agent shall be a full discharge of any liability of . the State Government to deliver possession to such person as may hilVe rightful claim to possession thereof but shall not prejudice any right in respect -of such veliicle· which any other person may be entitled by due process of law to enforce against the person to whoiii possession of the vehicle is so delivered.c
(6) If the owner fails to take dilivery of the vehicle -on or within the specified date the authority who passed 'the order of release of the vehicle may dispose of the same thl'-reafter : ·
Provided that such authorit) shall be competent to allow to the owner such. extension of time as be deems proper ~ithout an~' liability for any compen sation or other payment for the period of .extension .
(7) The di~posal of a vehicle under sub-section (6) shall be by publiC;
auction and at the risk of the: owner and the sale proceeds shall be made ovet to the owner after deducting any expenditure incurred by the authority releasing the vehicle due to he owner not taking delivery of it on or within the specified date.