Section 106 in The Orissa Municipal Corporation Act, 2003
106. Payment of compensation.
(1)Whenever any premises is requisitioned under Section 105 there shall be paid by the Corporation to the persons interested thereof a sum as the compensation amount as may be determined by the Election Commission by taking into account the following consideration, namely :-(i)the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; and(ii)if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change :Provided that where any person interested, 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 there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the Election commission to an arbitrator appointed by it in this behalf for determination and shall be determined in accordance with the decision of such arbitrator.Explanation. - In this Sub-section, the expression "person interested" means the person who was in actual possession of the premises immediately before the requisition under Section 105 or where no person was in such actual possession, the owner thereof.(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.
