Amendment status not verified — confirm the current text below against the official source.
(1) Where any affected area in respect of which locusts have been declared to be an insect pest under section 3, is infested or is in danger of being infested by locusts, the District Magistrate or any other officer authorised by him in this behalf may, with a view to facilitating preventive or remedial measures or other steps against locusts, by order in writing, requisition any vehicle and make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning. (2) Every order made under sub-section (1) shall be served on such persons and in such manner as may be prescribed. (3) Any vehicle requisitioned under this section may be used or dealt with in such manner as may appear to the officer requi- sitioning the vehicle to be necessary or expedient. (4) If the owner of the vehicle in respect of which an order of requisition has been made, does not place the vehicle at the disposal of the officer or authority mentioned therein, such officer or authority may, without prejudice to any other action that may be taken under this Act or the rules ilia& thereunder, seize the vehicle from any person who for the time being may be in possession of it. (5) No person shall remove or allow to be removed any part of a vehicle (including tyre, tube or any other accessory) in respect of which an order of requisition has been made or in any way damage it or permit it to be damaged so as to reduce the value or utility of such vehicle. (8) When any vehicle is requisitioned under this section, there shall be paid to the owner thereof such compensatiZM as may be agreed upon between him and the officer requisitioning the vehicle and in the absence of any such agreement, such compensation as the District Magistrate may determine in the prescribed manner, having due regard to the type and condition of the vehicle at the time of requisition and the loss caused to the owner : Provided that where immediately before the requisitioning the vehicle was by virtue of a hire-purchase agreement in the poss ession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, or in defaelt of agreement, in such manner as the District Magistrate may decide. (7) The order determining the compensation shall be served in the prescribed manner and the amount of compensation shall be paid within the prescribed time. (8) Any person aggrieved by an order determining or apportion ing compensation under sub section (6), may appeal against the same to such authority and within such time as may' be prescribed. Power to requisition vehicles in case of locust menace. The West Bengal Agricultural Pests and Diseas6S Act, 1968. Offences and [Presigeai's (9) The o .'ar requisitioning any Vehiclo may at any tine release the from requisition and when decided to do so, a notic. all 1)e. served On_ the olener of in the 'prescribed delivery of the vehicle on or before soh date and pe,Lao-a. as may be spe-laed taeeein. (10) When notice is served, wish effect from the date specified in ch notice no furt,haa liability for compensation or paynient of any other kind shall accrue for reauisitioning the vehicle: Provided that the oiiieer requisitioning the -aehicle may make ifuch farther payment On account of compensation for any material damage done to the 7-chicle during the period of requisition as may be assessed by the District Me gistrate. (11) Tie delivery of possession of the vehicle to the owner thereof or his accredited agent shall be a full discharge of any lia- bility of the State GoVernment to deliver poSsession. to such person as may have rightful claim to possession thereof, but shall not prejudice any right in respect of such=,. vehicle which any other parson may be entitled by due process of law to enforce against the person to _whom possession of the vehicle is so delivered. (12) If the• owner fails to take delivery of the vehicle on or before the specified date the officer who passed the order of release of the vehicle may dispose of the same thereafter in the manner provided in sub section (13): Provided that such officer shall be competent to allow the owner such extension of time as he deems proper without any liability for any compensation or other payment for the period of extension. (13) The disposal of a vehicle under sub-section (12) shall be by public auction and at the risk of the owner and the sale-proceeds tharenf shall be made over to the owner after deducting any expenditure incurred by the officer releasing the vehicle from requisition on account of the failure of the owner to take delivery of it on or before the specified date. Explanatio-In this section, "vehicle" means any vehicle used or capable of being used for the purpose of road 'transport, whether propelled by mechanical power or otherwise.