_ il 1947 : East Pb. Act XV ] MOVEABLE PROPERTY 137 REQUISITIONING THE EAST PUNJAB MOVEABLE PRO (REQUISITIONING) ACT, 1947.PERTY TABLE OF CONTENTS Sections. i . Short title, extent and commencement.
Requisitioning of moveable property.
Power to acquire requisitioned property.
Payment of compensation.
Release from requisition.
Power to obtain information, and to give directions.
Power to give cffect to orders.
Declegation of functions.
Offences and penalty.
Protection of action under this Act.
Repeal.
— L R el R ok o l o — — — 1947 : East Pb. Act XV.] moveABLE ProPERTY 139 (REQUISITIONING) 'THE EAST PUNJAB MOVEABL (REQUISITIONING) ACT, E1‘:9417’.R SEERTY EAsT Puniap Act XV OF 1947, [Received the assent of His Excel General of Inci,on ihe 121h December, 1547, and s i pub ished in the East Punjab Governn (Ext:aordinary ), dated the 13th Decembeifligl:'?]t. Gazette Year No. Short title ‘Whether repealed or otherwise affected by legislation 1947 | XV The East Punjab |Amended in part by the Adaptation Maveqb'lt_a Property of Laws Order, 1950.
| (Requisitioning) Act, Amended by the Punjab Reorganisa- 1947 tion (Chandigarh) (Adaptation of Laws | on State and Concurrent Subjects) | Order, 1968.
An Act to provide for the requisitioning and acquisition of moveable property.
It is hereby enacted as follows:—
1. (/) This Act may be called the East Punjab short tite, extent Moveable Property (Requisitioning) Act, 1947. e 2) It-extends to the whole of the #[Union Territory of Chandigarh].
(3) Tt shall come into force at once.
t (3 1For Statement of Objects and Reasons, se€ Ea'StP“m;?S g:zemm]y S:::gaz];'s' (Extraordinary), 1947, pages 51-52 ; for proce dings in the 1759-80 4 Punjab Legislative Assembly Debates, Volume 1, 1947, pages g .
Ppun jab Reorganisation «State of Punjab” by thet ‘Subjects) Order, 1968, - .
Substituted for the words State and Concurren!
(Chandigarh) (Adaptation of Laws on 140 MOVEABLE PROPERTY (1947 Bast Pb. pq Xy (REQUISITIONING) Requisitioning no(' 2. (1) The 1[Ccntl;illsoGtOoVSlg:mril;‘t;vb)l(forgef?;mlv(vi moveable poperty. necessary Of cxpe((i)l‘cltglble property and may make requisition any m xpedient i o fu?ther orders as may be necessary or expedient in Conpeg, tion with the requisitionin g :
d for the pur i hat no property Uuse Purpose of religilf)rlloswdv:grs]tnip and no aircraft or anything formy;
part of an aircraft or connected with the operation, Tepair or maintenance of aircraft, shall be requisitioned.
t] makes 2) Where the 1[Central Governmen kes ap ordel(- l)mder sub-section (/), it may use or deal with tp property in such manner as may appear toit to be ex.
pedient.
Power to acquire 3. () The '[Central Government] may at any time acmasisioned quire any moveable property requisitioned by it under section 2 by serving on the owner thereof, or, where the owner is not readily traceable or the ownership is in dispute, by publishing in the Official Gazette, a notice stating that the said authority has decided to acquire to it in pursuance of this section.
(2) Where a notice of acquisition is served on the owner of the property or published in the Official Gazette under sub-section () then at the beginning of the day on which the notice is so served or published the property shall vest in the [Central Government] free from ail encumbrances and the period of requisition thereof shall end.
Payment of com. 4. The owner of any moveable property requisition- pensation. ed oracquired under this Act shall be paid such compen- sation as the ![Central Government] may determine.
R e tion ™™ 5. (1) Where any property requisitioned under section 2 s to be released from requisition, the Y[Central Government] may after making such inquiry , if any, as it considers necessary, specify by order in writing the person to whom possession of the property shall be given.
(2) The _delivery of possession of the pro erty _to the person specified in'an order made underp sug-section ()] *Substituted for the words “State Go» : jsation : R v ” b Reorgank ( Chandigarh) (Adaptation of Laws on State ani‘.lnz:n;:‘:;‘un':i:h ;:z};l;gas) Order, 1568, V [1947 . East Pb. Act XV.] MOVEABLE PROPERTY 141 (REQUISITIONING) a full discharge of the Government from a Ii ja- Shlagt;‘; respect of such delivery, but shall not prejudi pill sights in respect of the property which frfsjg(tlt‘g any b ntitled y due (s] Of 1S may e € b process f aw enforce ) 1 to enfor PC inst the pel'SOn to Whom possession of the ptopelty is 50 gelivered.
(3) Where the person to whom possessi p,-operty is to be given cannot be found 1?md }sfial;) go(tfi;g?n{ ™ other person empowered to accept delivery on his pehalf, the Government shall cause a notice declarin g that the property is released from requisitioni ;
ed pin the Official Gazette. Auititioning 15 be publisl=
(4) When a notice referred to under sub-secti s published in the Official Gazette, the property gggélifi(gc} in the notice shall cease to be subject to requisition on and from the date_of such publication and sh all be deemed to have been delivered to the person entitled to the possession thereof, and the Government shall not be liable for any compensation or other claim in resp ect of the property for any period after the said date.
6. The 1[Central Government] may, wit h a view to requisitioning or acquiring any property unde r section or 3 or determining the amount of compensation payable under section 4, by order—
(a) Tequire any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be specif ied;
(b) direct that the owner Ot person in possession shall not without permission dispose of the property till the expi ry of such period a s may be specified in the order.
7. ‘The '[Central Governme nt] may take of caus e to bé taken such steps and us e or cause to be usedsu ch force as may in the opinion of t hat Government be reasonablly necessary for securing compliance with any or der made by it under this Act.
8. The [Central Government] m ay by order notified n the Official ([}azette, direct thatany POWer conferred or " jab Reorganisation ISubstitut wState Government” by e Punjd 1968.
(chafldlgam)l ‘(lAega fpot; gfn :‘r“f:ws b State and 'Concurrent sth @) Order, ower to obtain informations, . and 2 to give directions.
Power to give effect to orders.
Delegation functions.
of 142 MOVEABLE PROPERTY [1947 : East Pb, At Xy 1 (REQUISITIONING) it by this Act shall in such (;
oni co)rl1ditions, if any, as may p, 1;;1; X d or discharged by Su?;l};
any duty impogcd .
stances and under su ;
fied in th: direction be c?(f?;glse officer as may be so specilicd.
Offences and pen- 9. Whoever— alty.
Government] obstructs the [Central | ent] or ap @ person authorized by it in the discharge the functions under sub-section (2) of sectiop 2 or section 7 ; or
(b) fails to furnish -any ‘information required by order under clause (a) of section 6 or furnishes any information which is false or which he either knows or has reasonable cause to believe to be false or does not believe to bz trus ; or
(c) contravenes any direction given under clause
(b) of section 6 ;
shall on conviction for such offence by a competent Court be punishable with imprisonment for a term which may extend to one year or with fine or with both.
Protection of action |+ 10. (/) No suit, prosecution or other legal proceed- under the Act. ing shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act, or any order made thereunder.
" (2) No suit or other legal proceeding shall lie against the *[Central Government] for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act, or any order made there- under, and no proceeding taken or order made under this Act, shall be called in question by any court.
Repeal of ordi. ~ 11. The East Punjab Moveable Property (Requisi- “ance. tioning) Ordinance, 1947, s hereby repealed.
ISubstituted for the words * State Government” by jab Reorganisation (Chandigarh) (Adaptation of Laws on State and cuncul;}r,etnhtesl;%?gits) Order, 16€8.