section 5
Release from requisition
The Madhya Pradesh Accommodation (Requisition) Act, 1948General194816 sections
Statutory text
- (1) Where any accommodation requisitioned under section 3 is to be released from requisition, the State Government shall release it in favour of the person from whom it was requisitioned; and where by reason of death or otherwise of such person the accommodation cannot be so released, the State Government may, after such enquiry, if any as it may in any case consider it necessary to make or cause to be made, specify by order in writing the person to whom the possession of the accommodation shall be given. (1-A.) The State Government shall, as far as possible, restore the accommodation released from requisition under sub-section (1), shall be in as good a condition as it was when possession thereof was taken subject to the changes caused by reasonable wear and tear and irresistible force.
- (2) The delivery of possession of the accommodation in accordance with sub-section
- (1) shall be a full discharge of the State Government from all liabilities in respect of the accommodation, but shall not prejudice any rights in respect of the accommodation which any other person may be entitled by due process of law to enforce against the person to whom possession of the accommodation is given.
- (3) Where the person to whom possession of any accommodation requisitioned under section 3 is to be given can not be found and has no agent or other person empowered to accept delivery on his behalf the State Government shall cause a notice declaring that such accommodation is released from requisition to be affixed on some conspicuous part of such accommodation and publish the notice in Gazette.
- (4) When a notice referred to in sub-section
- (3) is published in the Gazette, the accommodation specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of the accommodation for any period after the said date.
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