(1) If in the opinion of the competent authority it is necessary or expedient so to do for providing better and more coordinated passenger transport service in the State or to most any emergency in the maintenance of such service, he may, by order in
1. Published vide Orissa Gazette Extraordinary No. 914/5.3.1984 Short title, extent and commencement.
Definitions Power to requisition Omnibuses.
64 of 1950 4 of 1950 2 writing, requisition any Omnibus and may make such further orders as appear to it to be necessary or expedient in connection with the requisition.
(2) After requisition of the Omnibus under Sub-section (1), the competent authority shall deliver possession of the same to the Corporation to operate the same for the purpose of passenger transport and the Corporation may use and deal with it in such manner as may appear to it to be expedient for the said purpose.
(3) Without prejudice to any powers conferred by this Act any person authorised by a competent authority may enter any premises and inspect any Omnibus therein or thereon for the purpose of determining whether and if so in what manner any order under this section should be made in relation to such Omnibus or with a view to securing compliance with any order made under this section.
(4) Save as otherwise expressly provided in this act any requisition made or order issued under the provisions of this Act shall be deemed to have been served on the owner, if it is served or the person having possession or control of the Omnibus and on receipt thereof the owner shall comply with the requisition or the order, as the case may be, forthwith.
(5) When any owner or person having possession of control of the Omnibus refuses or avoids in any manner to receive the order or cannot be found after using all due and reasonable diligence, or is absent from his residence when the order is sought to be served on him and there is no likelihood of his being found at the residence within a reasonable time, affixture of the requisition or the order, as the case may be, on the outer door or some other conspicuous part of his residence in presence of two witnesses shall amount to sufficient service of the requisition or the order on the owner.
(6) It shall be competent for the competent authority or the person authorised by him to take possession of the Omnibus, the materials and documents connected therewith and remove or cause the same to be removed if the owner or the person having possession or control over the Omnibus does not comply with the requisition or order of the competent authority.
(7) While taking possession of an Omnibus either under Sub-section (4) or Subsection (6) the competent authority or the person authorised by him in that behalf shall make an inventory of the Omnibus, materials and documents connected therewith in presence of the owner or the person having possession and control of the omnibus and two witnesses and obtain their signature thereon.
Explanation. - Where the owner or the person having possession of control of the Omnibus refuses or avoids to be present at the preparation of the inventory or to sign it, such inventory prepared in the presence and under the signature of two witnesses shall be sufficient compliance of this sub-section.
(8) The Corporation shall make all arrangements for garaging, maintenance and repair of every omnibus requisitioned and the cost shall be recoverable from the owner.