Amendment status not verified — confirm the current text below against the official source.
Release from ”Minimizing—(l) The Govcriimcntmny, at any time, release from requisition any property requisitioned under this Act and shall, as far as pOSSlblC, restore the property in as good a condition as it was when possession thereof was taken subject only to the changes caused by lcasonnblc wear and tear and irresmible force : Provided that where the purposes for which any requisitioncd property was being used cease to extst, the Government shall, unless the property is acquired under section 7, release that property, as soon as may be, from requisition. (2) Where any property is to be released from requisition, the Government may, after such inquiry, if any, as they may in any case consider necessary to make or cause to be made, specify, by order in writing, the person to whom possession of the property shall be given and such possession shall as far as practicable, be given to the poison from whom possession was taken at the time of thr- requisition or to the succe-sors-m-iiiteiinst of such perSon. (3) The delivery of possession ol'tlic property to the person spemfied in an order under subsection (2) shall be a full discharge of the Government from all liability in respect of the property, but shall not preludice any rights in respect ofthe property which any other person my be entitled Dy due process oflaw to eiilorce againit the person to whom possession ol'tlie property is given. (4-) Where any person to whom possession of any requiSitiuned property is to be given is not found and has no agent or other person. cm- pnwcred to_acccpt delivery on his behalf, the Governmentshall cause 21 none: declaring that the property is released from requismon to be published in the Gazette or in two dnilyii :wspapers haying Wide Circulation in the locality iind in the case of immovable property such notice shall also be allixed on some conspicuous part of the property. 190 (5) When a notice referred to in sub-section (4) is published as required by that sub-section, the property specified in such notice shall cease [0 )e subject to requisi ion on and from t e date of such publication and shall be deemed to have been delivered to the person entitled to posses- sion thereof and the Government sha ll not be liable for any compensation or other claim in respect of the property for any period after the said date. (6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently untit lor the purpose for which it was requisitioticd by reason of tire, earthquake, tempest, flood or VlolCflCC of any army or at a mob or other arresrstiblc force, the requisition shall, at the option ofthc Government, bevoi : Provided that the benefit of this sub-section shall not be available to the Government— (1) where the injury to such property is caused by any wrongful act or default of the Government, or (ii) where such injury to such property would not have been caused but for the requiSition. 7 Power to acquire requtsztzoned prepay-4 1) Where any property is subject to requisition, the Government may, it they are of opinion that it is necessary to acquire the property for a public purpose, nnt being a purpose of the Union, at any time vauirc such properly by publishing in the Gazette a notice to the effect that the Government have decided to acquire the property in pursuance of this section : Provided that before issuing such notice, the Government shall call upon the owner of, or any other person who, in the 'opinion of the Govern- ment, may be interested in, such property to show cause, why the property should not be acquired; and aiter considering the cause, if any, shown by any person interested in the property and after giving the parties an opport- unity ol being heard, the Government may pass such orders as they deem fit. (2) When a notice as aforesaid is published in the Gazette, the requisitioned property shall, on and from the beginning of the day on which the nutice is so published, vest absolutely in the Government free from all encumbrances and the period of rcquismon of such property shall end. (3) No property shall be acquired under this section except in the followmg Circumstances, namely :— (a) where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the ex- pense of the Government and the Government decide that the value of, or the right to use, such works should be secured or preserved for the purposes of Government ; or (b) where the c05t of restoring the property to its condition at the time of its requismon would, in me determination of the Government, be excessive and the owner declines to accept release from requisition of the property Without payment of compensation for so restoring the property. OJ. 191 (4) Any decision or determination of the Government under sub- section (3) shall be final and shall not be called in question in any court. (5) For the purposes of clause (a) oisub-section (3) , “works" includes buildings, structures and improvements of every description.