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Section 4

The Orissa Requisitioning of Goods Vehicles Act, 1986State Act of Odisha · Act 5 of 1986

(1) The Collector may at any time release from requisition any goods vehicle requisitioned under section 3 and shall, as far as possible, restored the goods vehicle in as good as a condition as it was when possession thereof was taken subject only to the changes, caused by reasonable wear and tear.

(2) Where any goods vehicle is to be released from requisition the Collector may, after such enquiry if any, as he may, in any case consider necessary to make or cause to be made, specify by order in writing to whom possession of the goods vehicle shall be given.

(3) The delivery of possession of the requisitioned goods vehicle to the person specified in the order made under sub-section (1) shall, be a full discharge of the Government from all liabilities in respect of such goods vehicle and the requisition shall be at an end:

Provided that nothing in this section shall prejudice any rights in respect of the goods vehicle which any other person may be entitled to by due process of law to enforce against the person to whom the possession of the goods vehicle is so delivered.

(4) Where the person to whom the possession of any requisitioned goods vehicle is to be delivered cannot, be found and has no legal agent or other person competent to accept delivery on his behalf, the Collector shall causes notice declaring that the goods vehicle is released: from requisition to be published in the Official Gazette.

(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the goods vehicle specified in such notice shall cease to be subject to requisi tion on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any amount or other claims in respect of the goods vehicle; for any period after the said date.

5. Whenever any goods vehicle is requisitioned under section 3 there shall be paid to the owner thereof an amount which shall be determined by the Collector on the basis of the fares of rates prevailing in the locality for the hire of such goods vehicle:

Provided that where the owner of such goods vehicle is aggrieved by the amount so determined shall make an application lo the Government in the Food and Civil Supplies Department within one month from the date the first payment is due and the Government, after giving him an opportunity of being heard shall determine the amount to be paid to the owner and the amount so determined shall be final.

6. Any amount determined by the Collector or Government, as the case may be, for requisitioning any goods vehicle shall be paid to the owner in such manner as the Collector may by order determine within the 10th day of the month following the month for which the amount is payable;

Provided that where payment of the amount is delayed beyond the said Release from requisition Determination of amount.

Payment of amount.

4 date interest shall be payable on the amount or part thereof in arrear at the rate of nine per cent per annum from the date of default.

7. Payment of dues.:- (1) The Collector may direct any owner to make payment of any tax or fee payable in respect of the goods vehicle under requisition within such date as may be specified in the order.

(2) If the owner fails to pay such tax or fee within the date so specified it shall be competent for the Collector to pay and recover the same by deduction from the amount payable to the owner.

8. The Collector may with a view to requisitioning any goods vehicle or taking any other action with respect thereto in pursuance of the provisions of this Act, by order in writing:

(a) direct that the owner or person id charge of the goods vehicle shall not without the permission of the Collector dispose of it or remove it from the premises in which it is kept till the expiry of such period as may be specified in the order.

9. If any person contravenes any order made under section 3 or section 8 he shall be punishable with fine not exceeding five thousand rupees.

10. The powers conferred on the Government shall, under such conditions, if any of Powers, as may be specified in the direction, be exercised also by such officer as may be so specified.

11. No suit or prosecution or other proceeding shall lie against any person for action taken, anything which is in good faith done or omitted to be done in pursuance of any order or rules made under this Act and no suit or legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or omitted to be done in pursuance of this Act or rules made thereunder.

12. The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Where this provision sits

ActThe Orissa Requisitioning of Goods Vehicles Act, 1986
Section4
JurisdictionState of Odisha
StatusIn force as published by the source

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