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[Cites 0, Cited by 0] [Section 106] [Entire Act]

State of Odisha - Subsection

Section 106(2) in The Orissa Municipal Corporation Act, 2003

(2)Whenever any vehicle, vessel or animal is requisitioned under Section 105 there shall be paid by the Corporation to the owner thereof a sum as may be determined by the Election Commission as the compensation amount, on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal :Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined, makes an application to the Election Commission, within one month from the date of receipt of the order determining the compensation, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator, appointed in this behalf by the Election Commission, may determine :Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire-purchase agreement, in the possession of a person other than the owner, the amount determined under this Subsection as the total compensation payable in respect of the requisitions shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as the arbitrator appointed by the Election Commission in this behalf may decide.