The Punjab Military Transport Act, 1916

1916 : Pb. Actl] . . = MLITARY TR;\.NSPOKF 365 CONTENTS CHAPTER L PRELIMINARY SECTIONS 1. Short title and local extent. 2. Repeal CHAPTER I} Liamiiry T0 IMPRESSMENT 3. Liability to impressment. CHAPTER 11 APPOINTMENT OF OFFICERS 4. A';;pointment: of Transport Inspection Officers and Transport Assistants. ' 5. Meaning of term “Collector.” CHAPTER IV . ENUMERATION AND INspECTION 6. Enumeration and inspection, ‘ CHAPTER V IMPRESSMENT FOR ACTIVE SERVICE or Grave EMERGENCY Declaration authorising, imprcssmcim Order for collection a'_:id:powcr ta seize. Obligation of person in charge to proceed with animal to collecting centre. 10. Notice regarding claim for compensation. 11. Selection of anfmals. Replacement of rejected animals or things. 12. Committee of assessment. 13. Taking possession. 14. Vaiye fixed to be final. 15. Payment. 366 MILTTARY TRANSPORT {1916 : Pb. Act . SECTIONS . 16. Power to call for information. 17. Procedure when animal or thing purchased when on hire. 18. Compensation payable for loss of animal or thing hired. CHAPTER V1 TMPRESSMENT FOR HIRE OTIIERWISE THAN FOR ACTIVE SERVICE OR GRAVE EMERGENCY 19. Impressment for hire otherwise than for active service. CHAPTER VI Mzscumm:ou: 20. Compensation claimable only in accordance with Act. 21. Power of entry. 22, Obligation to render aid. 23. Service of notice. ) 24. Power to surmmon and enforce attendance of witnesses and production of documents. 25. Establishment of depot for safe custody of loads 26. Certain suits barred. ’ 27. Exclusxon of legal practltloners 28. Penalhes 29. Cognizance of offences. W _ h 30. Power to make rules. - 1916 : Pb. Act ) MILITARY TRANSPORT 367 'THE PUNJAB MILITARY TRANSPORT ACT, 1916 PuniaB Act 1 oF 1916 [Received the assent of the Lieutenani-Governor of the Punjab onthe 2nd December; 1915, and that of the Governor-General on the 24th January, 1916, and was first publishéd in'the Punjab Gazette’ of the 4th February, 1916.] 1-] 2 3 ’ 4 Yesr No. Short tifte ‘Whether repealed or otherwise affected by legislation 6 | 1 The Punjab Miliary { Amended, Government of India Transport Act, 1916 (Adsptation of Indian Lews) Order, 1937, Asmended by the Indian Independence (Adspiation of Bengal 80d Punjab Acts) Ordes of 1948 (GG.O. 40). Amended by the Adaptation of Indian Laws Order, 1950. - , Amended by the Adaplation of Indian Laws . (Third Amendmscnt) Order of 1951, Amended by the Haryans Adapution of Laws (St and concusrent subjects) Onder, 1968*. 1. For Statement of Objects and Reasons. see Puyjab Gazelte, 1915, Part V, pages 90-92; for Select Committee’s report see ibid, Part V, pages 185-90 and for Debates in Council seg ibid, Part V, pages 115-118, 208-210. 2. See Punjab Gazeite, 1916, Part V, pages -5, © 3. See Haryuna Governmen! Gazette, dated 29th October, 1968. Shorttile aad local extent. Repeal. Liability to impressment. Appointment of Transpart Inspection Officers and ‘Transport Assistants. 368 T ARy TRANsPORT (1916 : Pb. Act1 Punias AcT 1 oF 1916 An Act to make to make better provisions for the Impressment of Animals, Vehicles, Boats and Gear in the '[Principal Territories [for the purposes of Military Transport. ____WhuEREas it is_expedient 10 make better provision-for the- impressment of animals, vehicles, boats and gear in ‘[the principal territories) for the purpose of military transpon It is hereby enacted as follows:— CHAPTER 1 _ PRELIMINARY. “1.(I) This Act may be called the Punjab Military Transport Act, 1916. . (2} It extends to ‘[the principal territories]. 2. The Punjab thtary Transport Animals Act, 1903, is hereby repealed. CHAPTERII L1ABILITY TO IMPRESSMINT. 3. (1) All animals, vehicles and boats, together with gear and equipment for the same, shall be liable to be impressed for military transport, whether for service within or without the limits of India, in accordance with the provisions of this Act. Explanation.—Vehicles” shall be deemed to include also doolies, dandies, jhampans and palkies. (3) Impressment may be for hire or for purchase. CHAPTER 11T 'APPOINTMENT OF OFFICERS. 4. (1) The ¥ Central Government] may by notification appoint any person to be a Transport Inspection Officer or Transport Assistant for the purposes of this Act, and may define the area within which he shall exercise bis powers. 1. Substituted for the word "“Punjab” by Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968. 2. Substituted for the words “Local Goverament” by the Government of India [Adaptation of [adia Laws] Order, 1937. 1916 : Pb. Act]] MILITARY TRANSPORT 369 . (2). . Allthe powers conferred ona Transport Inspection Officer or Transport Assistant by this Act shall, unless the ![Central Government] by special order otherwise directs, be exercised by him subject to the control of the Deputy Commissioner. “"(3)" Al Transport Inspection Officers and Transport Assistants shall be deemed to be public servants within the meaning of the Indian Penal Code. 5. Inthis Act “Collector” shall include any person appointed by the '[Central Government] or by the Deputy Commissioner to exercise the functions of a Collector under this Act. -CHAPTER IV . ENUMERATION AND InspocTion. 6. The ‘[Central Government] may make rules for the enumeration and inspection of animals or things liable to impressment under this Act, and may by rule require any persen owning or keeping any such animal or thing to-any person owning. or keeping any such animal or thing to produce it for enumeration or inspection at such time and place within the limits of the village in which he ordinarily _ ) résidés or in which hie holds or cultivates land as the enumerating or -inspecting officer may. fix and 'to nge such mformauon regarding . .such animal or things as the nfles may prcscnbe Ly . CHAPTERV IMPRESSMENT FOR ACTIVE Sfikvlcg og_QRAvrs EMERGE'NCY. 7. (1) On any occasion of the mobilization of troops for active service or at any time during the employment of troops-on active . service or om any occasion which, in the opinion of the '[Central Govcrnment];ls one of grave emergency, the i[Central Government] may by notification or written order declare that all or any animals or all or any things liable to impressment may be impressed for the purpose of military transport in the manner hereinafter appearing. (2) At any time after the issue of such a deciaration the '[Central Govemment] or any person authorised in this behalf by the "'[Central Government] may direct the Collector to take steps to provide within a reasonable time to be specified in the direction such animals 1. Substituted for the words ‘“Lacal Government” by the Goverment of India (Adaptation of Laws) Order, 1937. Meaning of term “Collestor.” Enumeration and Inspection. Declaration ‘mfhrizing impressment. Direction to Collectar. Order for collector and power 1o seize. Obligation of person in charge to proceed with animal to collecting centre. Notice regarding claim for compensation. Selection of animals. Replacement of rejected animals orthings. 370 MILITARY TRANSPORT "~ (1916'% Pb. Act1 or things as are stated to be required from his district for the’purposes . of military transport. 8. (1) On receiving 2 dxrectlon under the preceding section the Collector shall, forthwith issue orders requiring the persons therein ~ named to collect the animals or things therein specified at the time and place appointed by the Collector, . (2} Such orders may be addressed to anyTransport Assistant or to any Revenue Officer or to any zaildar, inamdar, or village officer. (3) Any person owning or keeping animals or things liable to impressment shall, when required by any .Transport Assistant or Revenue Officer or any zaildar, inamdar or village officer in pursuance of an order issued under sub-section (1) be bound to produce the same at the time and place appointed by the Collector. e (4) Stiould ‘any such person refuse or fail so to produce the - animals or things, the Transport Assistant or other officer ta whom the order is addressed may seize them by force. 9.. Except as may otherwise be provided by rules made in this behalf by the °[ Central Governmment], the person in charge for the time being of any animals or things impressed under this’Act or such other person competent to take charge’ thereof as may be appointed by the person in charge shall proceed with such animals or things to the place appointed by the Collector under section 8 (1). " 10. Notice shall be given by the Collector of the time and " place at which claims’ for compensatlon for any anunals or thmgs lmpressed may be made: ) 11. Any person authorized in thls behalf by file ’[Central Government] may approve as suitable for hir¢ or ]{or purchase or may reject as unsuitable any animals or thmgs ollected or seized in accordance with section &, and may require the Transport Assistant or other officer who collected or seized the re_]ected animals or things to collect or seize others in place thereof, and for such further collection or seizure the order issued under secnon 8(1) shall be deemed to be valid authority. 1. Substituted for the words “Local Government” by the Government of India (Adaptation of Laws) Order, 1937. --1916:1’51’&:11-““ MILITARY TRANSPORT ) 371 . 170of 1887, " 12. (1) When any animal or thing has becn so approved a'tommittee of assessment constituted as the '[Central Government] may by general or special order direct shall record — (a) a brief description of such animal or thing; (b) the name and address of the owner, if known; {(c) the name and address of the person in charge; (d) the market value at the time of the award according to the opinion of the committee. "(2) One member of every Committée of assessment - shall be a “Land-owner” as dcfined in the ?Pusjab Land Revenue Act. 13. Auny officer appointed by the ‘[Central Government] or by any person authorized in this behalf by the '[Central Government] may take possession on behalf of the '[Central Government] of any animal or’thing in respect of which the committee has recorded the particilars prescribed by section 12. Ifthe animal or thing is to be purchased, the said officer shall forthwith deposit with the committee a.sum equivalent to the value thereof as fixed by the committee plus 15 per cent _and upon such deposit the agimal or thing shall becorne the absolute property of the’[Govemment] If the animal or thing is hired the '[Central Govcrnment] shall pay thc at such rates as it shall from time to time fix. 14. . _The. value fixed by the committee for any animal ‘.'or fihmg shall be _conclusive as between the '[Central Govcrnmmt] and any person claiming any interest therein. 15. (1) When any sum is deposited with the cornmiittee under section 13 the committee shall, except in the cases specified in the next sub-section, pay the same to the person whom they consider prinia facie entitled thereto. 1. Substitnted for the words “Local Government™ by the Government of India (Adaptation of Laws) Order, 1937. 2. See Volume I. 3. Substituted for the word “Crown” by the Adaptation of Laws Order, 1950. Committee of assessment. Taking possession. Valué fixed to be final.' Payment. Power 10 call for information. Procedure when animal or thing is purchased when on bire. Compensation payable for Toss of animals ar thing hired. 372 - . MILITARY TRANSPORT '|1916: Pb. Act 1 (2) Ifhe shall not consent to receive such sum, of if there be no person present competent to sell the animal or thing, or if there be any dispute as to the title to receive compensation or as to the person to whom the same is payable or as to the apportionment of the same, the committee shall deposit the said sum with the Collector, and the Collector shall pass orders as to the payment, investment or disposal of the same, and such order shall be final as between the '[Central Government] and any person claiming any interest therein. 16.- The Collector may require any person claiming compensation in respect of any animal or thing impressed under this Act to state the name of every other person whom he knows or believes 16 possess any interest in such animal or thing and also the nature of such interest. (1) Any animal or thing hired in accordance with the foregomg provisions, ‘may be purchased at any time* by the '[Central Government} for a sum equxvalent to the value fixed by the committee J‘under section 12 plus 15 per cent. (2) Notice of such purchase shall be sent by registered post to the Collector, and fl;lq purchase money shall be depos.lted with him. - (3 The’ éblle&tor shall give'uotice of the purchase to the owner or thc keeper of1he a.mma] of thmg 4) The Collector shall deat wnh the. purchase money as if it Were a sum deposm?g with him under section 15 (2) of this Act. (5)" When nofice has been sent to-thie Coliector under sub- section (2) of this section the animal or thing shall become the absolute property of the {Goyernment]. 18. Compensation shall be payable by the '[Central Government] for the loss, destruction or deterioration of any animal or thing hired under this Act, but shall not exceed a sum equivalent to the value fixed by the ‘committee under section 12 plus 15 per cent. Explunanon b The compensallon 50 payable shall be in addition to any sum due as hire. 1. Substituted for the words “Local Government” by the Government of India (Adaptation of [ndian Laws) Order, 1937. 2. Substituted for the word “Crown” by the Adnptatmn of Laws Order, 1950. 1916 : Pb. Act I] MILITARY TRANSPORT 373 CHAPTER Vi IMPRESSMENT 'EOR Hire OTHERWISE THAN FOR ACTIVE SERVICE OR (GRAVE EMERGENCY. 19. (1) The '[Central Government] may make rules to provide for the impressment for hire for purposes of military transport within - India, on occasions other than those specified in section 7, of any animal or thing liable to impressment under this Act, and for the terms and conditions of such impressment. (2) Any animal or thing liable to impressment under this Act may be impressed for hire in accordance with such rules. . CHAPTER Vi MISCELLANEOUS. 26. No compensation shall be claimable on account of any animal or thing impressed in accordance with this Act except as provided in this Act; but nothing in this section contained shall affect the liability of any person to whom the whole or any part of any compensation awarded under this ‘Act has been paid to pay the same to the person lawfully entitled thereto. 21. Subject to any rules made in this behalf by the '[Central Government], the Collector or any Transport Inspection Officer or Transport Assistant of any officer to whom an order under section 8 is addressed, shall be entitled at all reasonable times to enter for the performance of any duty imposed on him by this Act-any place where he has reason to believe thiat any animal or thing suitable for military transport may be found, and to-inspect any animal or- thing found there. ; . Bvery person shall be bound to assist any Transpnrt lnspectxon Officcr ‘Transport Assistant or Reveaue Officer or any " zaildar, inamdar or village officer, who reasonably demands his-aid in the execution of any duty impesed by this Act. © 23. Service of any notice under this Act or rules thereunder may be made by registered post or by delivering or tendering a copy thereof signed by the officer therein named or by beat of drum or other customary method or by the posting of a copy thereof in some conspicuous place in the village or town. ‘1. Substitated for the word “Local Government” by the Government of India (Adaptation of Indian L aws) Order, 1937. Impressment for hireatherwise than for active service. Compensation claimable in accordance with Act. Power of cntry. Obligation to render aid. Servicc of notice. 374 MILITARY TRANSPORT {1916 : Pb. Actl Power to 24. For the purposes of enquiries under this Act the summon and Collector shall have power to summon and enforce the r.norce attendance of witnesses, including the parties interested or any attendance of’ . witnesses and of them, and to compel the production of documents by the prodaction of same means and (so far as may be) in the same manner as is 5 of documents, provided in the case of a Civil Court under the Code of Civil 1908. Procedure. Establishment of 25. (1)} The Collector shall provide one or more suitable depots for safe depots at which goods carried by animals or things impressed custody of loads. ynder this Act may be deposited. (2} Any person depositing any goods at a depot shall on demand by the person in charge of the depot give to the best of his information the names and addresses of the consignor and consignee of the goods and of the owner of the animal or thing by or in which thé goods were being carried and a description of the goods. (3} The Collector shall cduse a notice to be sent by registered post to the consignor and consignee of the goods, informing them of the deposit of the goods and calling upon the consignee to take delivery thereof. (4) If delivery of goods is not taken within three months from date of the deposit, the Collector may cause them to be sold by auction, provided that if the goods are perishable - they may be sold forthwith. (5) The responsibility of the {Central Government] for the loss, destruction or deterioration of goods deposited at a depot under this section shall be that of a bailee under sections 151 and 152 of the Indian Contract Act, 1872, provided that the '[Central Government] shall not be liable for any loss 5 of resulting in any way from the détention of the goods or from: 1908, their sale under sub-section (4). (6) The Collector shall pay the sum realised from the sale to the person who appears:to him to be entitled thereto, and after such payment no suit to recover such sum or any part thereof shall be brought against the *[Government} by any person claiming to be entitled thereto =+ 1. Substituted for the words “Local Government” by the Government of India .. . (Adaptation of Indian Laws) Order, 1937, 2. Substituted for the word “Crown” by theAdaptation of Laws Order, 1950 1916 : Ph. Act i] MILITARY TRANSPORT 375 Provided that nothing herein contained shall affect the liability of any person to whom any sum has been paid by the Collector under this sub-section to pay the sariie to the person lawfully entitled thereto. 26. (1) No suit for any default due to proceedings taken under this Act shall lie against the owner or person in charge of any animal or thing impressed under this Act or any person liable in respect of any contract connected with such animal-or thing, (2) No Civil Court shall take cognizance of the manner in which the '[Central Government] or any person exercises any power vested in it or in him by or under this Act. (3) No suit shall lie against the [Government] or any officer or person for damages for any act in good faith done or ordered to be done in pursuance of this Act. (4) Nothing in this section shall be deemed to bar a suit for compensation for the loss, destruction or deterioration of goods in " accordance with section 25(5) of this Act. 27. No legal practitioner shall be entitled as such to appear in any proceedings under this Act. 28. Any person who — (1) without reasonab]e excuse refises or fails to comply with - any order lawfully given under this Act requiring him to produce any animnal or thing, or (2) withintent to avoid the production or impressment of any © " animal or thitig removes or conceals such animal or thing or obstructs the production or impressment thereof, or (3) omits to do any thing which he is legally bound to do under this Act or the rules thereunder, shall be punishable with fine which may extend to fifty rupees or should the offence be committed on an occasion of the mobilization of troops proceeding on active service, shall be punishable with imprisonment of either description not exceeding three months or fine which may extend to one hundred rupees or both. 1. Subskituted for the words “Locat Government™ by tb:;. Government of India (Adaptation of Indian Laws) Order, 1937. 2. Substituted for the word “Crown” by the Adaptation of Laws Order, 1950. Certain suits barred. Exclusion of legal practitioners. Penalitics. 376 MILITARY TRANSPORT 11916 : Pb. Act ] Cogpizange of 29. No Court shail take cogniz.ancé of any offence punishable offences. under this Act except with the previous sanction of the Deputy ~ Commissioner. . . Power to make - - 30. The '[Central Government] may mak: rules consistent rules. with this Act for carrying out the provisions of this Act, and in particular may make rules — (a) defining the duties and powers of Transport Inspection Officers and Transport Assistants ; (b) providing for the constitution and defining the powers and duties of commlttees appointed under scchon 12 () providing for the estabhshment and maintenance of depots under section 25, and for the safe custody of goods deposited thereat ; (d) fixing the compensation payable by the Central Goverument] for the loss, destruction or deterioration of any animal or thing bired under this Act ; (e) fixing the subsistence or other allowance payable on account of animals or thmgs collected or seized under this Act; and 1] prcscn‘bmg forms for such registers, books, statistics, accounts or receipts as the ‘[Central Goverament] may think necessary to be kept, made, compiled, or given and specifying the particulars to be entered therein. 1. Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937. 2. Substituted for the words *“by Government” by the Govcmmmt of India 4 (Adaplauon of Indian Laws) Order, 1937.