Epidemic Diseases Act,1897
Act No : 3
Section : RELEASE FROM REQUISITION
SECTION 02D: RELEASE FROM REQUISITION
(1) the State Government or the Requisitioning authority may, at any time, release any
vehicle requisitioned under this Act and shall as far as possible, restore the vehicle after proper disinfection, if necessary, in as good a condition as it was when-possession thereof was taken, subject only to the changes caused by normal wear .and tear and irresistible force:
provided that where the purpose for which any requisitioned vehicle was being used ceases to exist, the State Government or the requisitioning authority shall release the vehicle, as soon as may be, from requisition.
(2) .When any vehicle is to be released from requisition, a notice in writing shall be served on the owner or his authorised agent to take delivery of the vehicle on or within such date and from such place and person as may be specified in the notice and with effect from such date, the State Government or the requisitioning authority shall not in any way be liable for any compensation or other claim in respect of the requisitioned vehicle.
(3) The delivery of possession of the vehicle to the owner or his duty authorised agent shall be a full discharge of all liability of State Government or the requisitioning authority to deliver possession to such person as may have a rightful claim to possession thereof, but shall not prejudice any rights in respect of the vehicle which- any other person may be entitled in accordance with taw to enforce against the person to whom possession of tile vehicle is given
(4) Where the owner to whom possession of any requisitioned vehicle is to be given is not found and has no agent, authorised to take delivery on his behalf, the State Government shall cause a notice declaring that the vehicle is released from requisition to be published In the Official Gazette-and on such publication, the requisitioned vehicle shall cease to bf subjects to requisition a on and from the date of such publication and the State Government shall not be liable for compensation or Other claim in respect there of for any period after the said date.
(5) If the owner or his duly authorised agent fails to fake delivery of the vehicle on or within the date specified in, the notice issued; under sub-section (2), the State Government may dispose of the vehicle in the manner laid down in sub-section(6)
Provided that the State Government may, if it thinks fit, extend the time under the said notice, but if shall not be liable for any compensation in respect of the vehicle for the extended period.
(6) The disposal of the vehicle under sub-section (5) shall be by public auction and at the risk of the owner and sale proceeds shall be made over to the owner after deducting the expenses incurred by the State Government on account of the owner's failure to take delivery of the vehicle within the time allowed.
(7) Where any vehicle requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood-or other irrestistible force, the state Government or the requisitioning authority shall not be liable for the loss occasioned thereby:
Provided that the benefit of this sub-section shall not be available to the State Government' Where the injury to such vehicle is caused by any wrongful act or default of the State Government or any of its officers
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