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Section 36: Requisitioning of premises, vehicles, etc., for election

Goa Municipalities Act, 1968Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 16 of 1968

(1) If it appears to the 85[State Election Commission] or an officer authorised by the 86[State Election Commission]. (hereinafter referred to as “the requisitioning authority”) that in connection with an election—

(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or

(b) any vehicle, vessel or animal is needed or likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election.

the requisitioning authority may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed in the manner prescribed for the service of a notice under section 310.

(3) Any person to whom such order is addressed shall be bound to deliver possession of such premises or such vehicle, vessel or animal to the requisitioning authority or to such other officer as may be specified in the order.

(4) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

Explanation:— For the purpose of this section, “premises” means any land, building, or part of a building and includes a hut, shed or other structure or any part thereof.

297 84 Substituted by the Amendment Act 13 of 1994.

85 Substituted by the Amendment Act 13 of 1994.

86 Substituted by the Amendment Act 13 of 1994.

Manual of Goa Laws (Vol. III) – 298 – Municipality Act

(5) Any person who contravenes any order made under this section shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Where this provision sits

ActGoa Municipalities Act, 1968
Section36
Marginal noteRequisitioning of premises, vehicles, etc., for election
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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