The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947

1947 : Pb. Act 27] THE UNITED PROVINCES REQUI- 517 SITION OF MOTOR VEHICLES - (EMERGENCY POWERS) THE UNITED PROVINCES REQUISITION OF MOTOR VEHICLES (EMERGENCY POWERS) A CT, 1947 AS EXTENDED TO THE UNION TERR ITORY OF CHANDIGARH. (UP.) ACT NO. XXVIL OF 1947) 1 2] 3 . - Year | No. short title ! Whether repealed or otherwise - “affected by legislation 1947 | 27 | The United Pprovinces | Extended by Government of India, Requisition of Motor | - Ministry of Home Affzirs Notifi. Vehicles ~ (Emergency | cation No. G.S.R. 1887, dated Powers) Act, 1947 - 29th December, 1966 ‘An Act to provide for the requisition of Motor ‘ Vehicles Whereas it is expedient to provide for the requi- ~sition of motor vehicles : It is hereby enacted as follows : 1. (1) This Act may be called the United Pro- gt he vinces Requisition of Motor Vehicles . (Emergency commencement. Powers) Act, 19&7‘ (2) It extends to the whole of the Union territory - of Chandigarh. (3) It shall come into force at once. 2. In this Act unless there is anything repugnant Definitions. in the subject or context— (a) “Administrator” .- means the ; Administra- tor of the Union territory : of Chandigarh appointed by the President under article 239 of the Constitution; This notification was published in the Gazette of India (Extraordi- .t mary), Part II section 3(i), datled' 9th December. 1966 Requisition of motar vehicle. Compensation. 518 THE UNITED PROVINCES REQUI- [1947 : Pb. Act 27 SITION OF MOTOR VEHICLES (EMERGENCY POWERS) (aa) “Motor Vehicle” means any mechanically propelled vehicle adapted for use upon roads whether power or propulsion is transmitted thereto from an external or internal source; (b) “Owner” includes where the person in possession is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under that agreement; (¢) “Prescribed” means prescribed by the rules made under this Act. 3. () If in the opinion of the Administrator it is necessary or expedient to do so for purposes essential to the life of the community or for maintaining public order or for facility of public transport, he may pass an order in writing requisitioning any motor vehicle and may make such orders as may appear to him to be nNecessary or expedient in connection with such requi- sition; a copy of the order shall be served on the owner of the motor vehicle, or where the owner 1s not readily traceable or the ownership is in dispute, by publication thereof in the official gazette. (2) If the owner of the motor vehicle does not, after service of the order in the manner provided in sub- section (1), place the motor vehicle in possession of the authority mentioned therein, such authority may seize the motor vehicle from any person, who may for the time being be in possession thereof. ; (3) Where the Administrator has requisitioned any motor vehicle he may use or deal with it in such manner as may appear to him to be expedient. 4. Whenever in* pursuance of section‘ 3 the Administrator requisitions any motor vehicle, the 1947 : Ph. Act 27] THE UNITED PROVINCES REQUI- 519 SITION OF MOTOR VEHICLES (EMERGENCY POWERS) owner thereof shall be paid such compensation at the rate, as may be applicable provided in the Schedule, from the date the vehicle is placed in the possession of or seized by the authority mentioned in the order under sub-section (I) of the said section up to the date of its derequisition. 4A. Where a vehicle has been requisitionedCharges on i 1 under seclion 3— g::iu:tcs. ’ (1) the charges on account of :— (@) the road tax arising out of the use of vehicle on account of such temporary requi- sition; (b) fuel and lubricant required for the pro- pulsion of such vehicle; and (c) repairs of the damage caused to the vehicle in the event of an accident during the period of requisition in a case where the vehicle is not covered by a comprehen- sive insurance policy, shall be paid for by the Government; and - (2) the charges on account of:— (a) pay of the driver and a cleaner or a con- ductor, and (b) the usual repairs for the purposes of obtaining the certificate of fitness for keeping the vehicle roadworthy, shall be paid for by the owner of the vehicle: Provided that no charge for a driver or a cleaner shall be paid as aforesaid in the case of a motor cycle: Provided further that where the owner of a vehicle refuses or fails to pay the charges as aforesaid the 5)( THE UNITED PROVINCES REQUI- [1947 : Pb. Act 21 SITION OF MOTOR VEHICLES < (EMERGENCY POWERS) Administrator may deduct them from the amount of compensation payable to the owner under s ection 4. Orders to fur- 5. The Administrator may, with a view fo nish information requisitioning any motor vehi cle under section 3 or ;‘f:fv:octh?nffi;o, determining the compensation payable under sec- vehicle, . tion 4, by order— (@) require any person to furnish to such a utho- rity as may be specified in the order such information in his possession relating to th e motor vehicle as may be specified; (b) direct that the owner or the person in pos- session of the motor vehicle shall not without the permission of the Administrator dispose of it or remove it till ‘the expiry of such period as may be specified in the order from the premises in which it is kept. Entry and Ins- 6. Any person authorized in this behalf by the pechion, Administrator may enter any premises and inspect any motor vehicle for the purpose of determining whether such motor vehicle plying for hire s hould be requisitioned. : ‘ if“,’:{“gg;:;m % No owner of any motor vehicle or any person ete, tin possession thereof shall after service of the order under section 3 remove any part, tyre, tube or any other aceessory or in any way injure the motor ve hicle so as to reduce the usefulness of such vehicle. Somplince 60 8. The Administrator may require any person or ¢ persons owning or having in his possession or under his control, any motor vehicle, or class of motor vehicles to comply with such directions as he may give in writing. Delegation of 9. The Administrator may by order direct that Dowers, any power or duty which is conferred or imposed on the Administrator shall in such circumstances and 19474 Pb) Ack27) 1HE UNITED PROVINCES R EQUI- 521 SITION: OF ‘MOTOR ‘VEHICLES (EMERGENCY POWERS) under such conditions; if any, as may be specified in that direction, be exercised or discharged by any officer or aufitt}mri - subordinate to him. Ty 181 / 9.. (1) No suit, prosecution or other legal pro- Protection. ceeding shall lie against any person for afiyfiii‘fig in good faith done or intended fo be done in pursuance of this Act, or any rules made thereunder oy any order 1’slsue§m\}n§er any such e (2) No suit or 'other “legal proceeding shall lie against the Administrator for any damage caused or likely to be caused by anything in go od faith done or intended to be done in pursuance of this “Aet'or any rules ‘made thereunder or any order issued qnder any 11. (1) No order made.in. exercise of: any - power Saving. conferred by or under this Act. shall, he called in question in any court. (2) Where any order purports to have been made or signed by any authority in exercise of any power conferred by or under this Act, it shall within the meaning of the Indian Evidence Act, 1872 (1 of 1872) be presumed that such order was so made by that authority. oy Ly 1,12, If any person contravenes any order m ade po under this Act, he shall be punishable with imprison- : ment for a term which may extend to six months or ‘fine not ¢ g one thousand rupees or with both . 13. Any police officer not pelow the rank of Power to arrest. a sub-inspector may arrest without war rant any person who is reasonably suspected of having committed an offence pgnishaple under this Act. - - pPower. _15. 1 The adrn;éigfira{cpr - may: ‘Wfik e, 3a : ; pules to give Rule msking effect to the purposes of this Act. . e