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Section 4

The Orissa Requisitioning of Omnibuses Act, 1984State Act of Odisha · Act 11 of 1984

(1) The competent authority may, at any time release from requisition any omnibus requisitioned under Section 3 and shall, as far as possible, restore the omnibus in as good a condition as it was when possession thereof was taken, subject only to the Release from requisition.

3 changes caused by reasonable wear and tear.

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

(3) The delivery of possession of the requisitioned omnibus to the person specified in the order made under Sub-section (1) shall be a full discharge of the Government and the Corporation from all liability in respect of such omnibus and the requisition shall be at an end :

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

(4) Where the person to whom the possession of any requisitioned omnibus is to be delivered cannot be found and has no legal agent or other person competent to accept delivery on his behalf, the competent authority shall cause a notice declaring that the omnibus 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 omnibus specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Corporation shall not be liable for any amount or other claims in respect of the Omnibus for any period after the said date.

5. Whenever any Omnibus is requisitioned under Section 3 there shall be paid to the owner thereof an amount which shall be determined by the competent authority on the basis of the fares or rates prevailing in the locality for the hire of such omnibus :

Provided that where the owner of such omnibus is aggrieved by the amount so determined shall make an application to the Government within one month from the date the first payment is due and the State Government after giving him an opportunity for being heard shall determine the amount to be paid to the owner and the amount determined shall be final.

6. Any amount determined by the competent authority or Government, as the case may be, for requisitioning any omnibus shall be paid to the owner in such manner as the competent authority may by order so 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 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.

Where this provision sits

ActThe Orissa Requisitioning of Omnibuses Act, 1984
Section4
JurisdictionState of Odisha
StatusIn force as published by the source

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