REGISTERED No. D 221 6V • f fa faitftte ot IiiMa ffw >ni EXTRAORDINARY PAKT II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 78] NEW DELHI, THURSDAY, JUNE 16, 1960/JAISTHA 26, 1882 \ MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the Wth June 1960 GS.R. 695 —In exercise of the. powers conferred by section 2 of the Union Territories (Laws) Act, 1050 (30 of 1950), the Central Government hereby extends to the Union territory of Manipur the Assam Requisition and Control of Vehicles Act. 19a0 (Assam Act XXXl l of 1950). as at present in force in the Stale of Assam, subject to the following modifications,, namely:— Modifications
1. For the expression "State Government" wherever it occurs the expression "Chief Commissioner" shall be substituted and there shall also be made in any sentence in which this expression occurs such consequential amendments as the rules of grammar may require.
2. In section 1—,
(i) in sub-section (2), for the word ' 'Assam", the words "the Union terr i tory of Manipur" shall be substituted;
(ii) in sub-section (3), for the words and figures "It shall be deemed tip have come into Corce on the first day of October, 1950", the words "It shall come into force at once" shall be substituted.
3. In section 2- for clause (c)T the following clause shall be substituted.
namely:— '(c) "Chief Commissioner" means the Chief Commissioner of Manipur'.
4. In sub-section (2) of section 3. for the words "official gazette", the words "Manipur Gazette" ahall be substituted.
5. In section 4—-,
(i) for the words "';the Deputy Commissioner, the Executive Engineer, Public Works Department and the Superintendent of Police of the District where the vehicle is requisitioned", the words, "the Deputy Commissioner of Manipur, the Principal Engineering Officer of the- Manipur Admin 1st ration and '-he Superintendent of Police of Manipur" shall be substituted.
(ii) the words "or the Controller" in sub-section (3) shall be omitted,
(233) • ' it ;.
re €& 234 THE GAZETTE OE.'.TNDlA EXTkAORDiKARV |1W 11 ANNEXURE - • * THE ASSAM REQUISITION AND'CONTROL OF VEHICLES ACT 1950 AS EXTENDED TO THE UNION TERRITORY OF MANIPUR ASSAM ACT XXXII OF 1950.
The Assam Requisition and Control of Vehicles Act, 1950 A N Ac* to provide for the requisition and control of vehicles Preamble—Whereas it is expedient to provide for the requisition and control of vehicles; ?
It is hereby enacted as follows;;—
1. Short title, extent and commencemen t . - (1 ) This Act may be called the Assam Requisition and Control of Vehicles Act, 1950,
(2) It extends to the whole of the Union territory of Manipur.
(3) It shall come into force at once and shall continue in force until the 30th day of September, 1901. " f
2. Definitions.- or context— -In this Act, unless there is anything repugnant in the subject
(a) "Owner" includes where the person in possession of the vehicle, is a minor the guardian of such minor, and in relation to a vehicle which .15 the subject of a hire purchase agreement the person in possession 01 the vehicle under that agreement;
(b) "Prescribed" means prescribed by the rules made under this Act;
(c) "Chief Commissioner" means the Chief Commissioner of Manipur;
(d) "Vehicles" means vehicle -used or capable, of being used for the pur pose of transport of persons or goods upon roads or inland waterways;
whether propelled by mechanical power or not.
3. Power to requisition vehicles.—(1) If in the opinion of the Chief Com missioner 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 ne may pass an order in writing requisitioning any vehicle and may make such orders as may appear to him to be necessary or expedient in connection with such requisition.
(2) The Chief Commissioner may requisition any vehicle by serving on the owner thereof, or where the owner is not readily traceable or the ownership is in dispute, by publication in the Manipur Gazette, an order under sub-section (1).
(3) If the owner of the vehicle does not, after service of the order in the manner provided in sub-section (2), place the vehicle in possession of the authority mentioned therein, such authority may seize the vehicle from any person who may for the time baing be in possession thereof.
(4) Where the Chief Commissioner has requisitioned any vehicle he may use or deal with it in such manner as may appear to him to be expedient.
4. Payment of compensation.— (I) Whenever in pursuance of section 3, the Chief Commissioner requisitions any vehicle, there shall be paid to the owner such compensation as may be agreed upon between him and the Chief Com missioner and in the absence of such agreement, such compensation as may be determined by a Committee consisting of the Deputy Commissioner of Manipur, > the Principal Engineering Officer of the Manipur Administration and the Superin tendent of Police of Manipur.
The Committee shall, after taking into consideration—
(a) the model, make, type,, class and condition of the vehicle;
I
(b) the lass or damage, if any. sustained by the owner by reason of tft* requisition;
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(c) *S»S?fK 5SBBfe%f *******̂ *» r**:« ** * ( d J aIln°Sp^f^^L%1rS/5?eonC;r,1PenSati0" « " * * to the owner H* 25 P Per ^ r a S ^ i S ^ ^ g ^ ^ - t exceeding • ^ k % ? f t £ % 2 2 f f f l * a E & f £ « f ^ S ^ **»****«« « vehicle to do a notice in wrftlngsLn be served S ^ f S Bnd**?,2 ^ ^ * x W * 5 ox reqmsition, a, assessed by t h e S S S £ S U ^ t 9 S » $ ££?
person may he entitled WS^%St^^^Jt&S^S^^^ && b t h e r whom possession of the vehicle is so delivered fiainst t h e p e r s o n ' t o ^ M m ^ ^ ^ ^ ^ l ^ ^ M e m ^ » - within, the speciof the same thereafter; ° ldei o f i e l eE l se of the vehicle may dispose fSast S&r>sg si^stsrs iasr ,to the ™« «* tion or other payment for the period of Extension 7 T ™v c o mP e n sa-
(7) The disposal of a vehicle under sub-s&rfinn tm swn u u and at the risk of the owner and the S l e ^ c f J f l w ^ ^ by_, p u b l c ' a u c t i ° " owner after deducting any expenditure 1 S S J 5 3 ' S V X " ! a d e ° v e r t o t h e veh.de due to the owie, U S 8 S % g g ^ * ^ ^ ^ 0 ^ * 0 to reSsSrnV^ ^ f S T ^ o S ^ ^ S ^ f f i fc* W i t h a ™w payable under section 4, by order— t e c t l o n d 0 I determining the compensation •
(a) require, any person to furnish 1,0 men <mthn^+ Q .
in the order such information n hTs n o S L ^ n ^ v f « ^ ^ b l ^ 1 ^ as may be specified; possession relating to the vehicle or remove it till the ex• rWor such ne rS m ^ 1 S S l ° n e l d i s p o s e o f " the order from the fcgg f B^fflS! what's g f " i n in relation to such vehicle or with a -iew tcHfeeLriSS™™ r q t s h 9 " l d b e «*&> made under this Act. securing compliance with any order
7. Restriction on removal of accessories Wn nttnUi ~* person in possession of it shall after er"ce'~? order n ^ w £&, V e h , i c l e o r * ^ allow to be removed any part, tyce tube or anv «?hJ . " e C t l 0 n 3 r e i™ve or -, http://veh.de 236 THE GAZETTE OF INDIA EXTRAORDINARY [PART II _ ^ _ . - i>
8. Control of vehicles.—Notwithstanding any other provision of this Act the Chief Commissioner may by order—
(a) regulate restrict or give directions with respect to the use of any M vehicle for the purpose of transport of passengers or goods by road or river;
fill require any person owning, or employed in connection with, or having ( b ) T his possession or under h i , control, any vehicle b j m b j j k any directions given by any person specified m, or duly au p r i s e d W pursuance of, the order; and such directions ? W « « S g « g nerson owning or employed in connection with, or having m his £ 5 d t t or "under his control any vehicle to use+ such vehge: for the conveyance of such persons or goods at such time and by such routes as may be set forth in the directions^
(c) prescribe the conditions subject to which, and the rates at which any .
{ ) P vehicle may be hired for the purpose of t ransport of persons or goods ^V.
by road or river, and the conditions subject to which goods bo carried or to be carried may be discharged or loaded;
(d) provide for prohibiting or restricting the carr iage of Persons or goods of any class bv any route and for prescribing the radius or distance within which persons or goods of any class may be carried by any route;
(?) make such other provisions in relation to t ransport by any vehicle ( } t,v road 01 inland water as appear to the Chief Commissioner to be necessary or expedient for securing public safety, the maintenance of public order or for maintaining supplies and services essential to the life of the community:
Provided that any order or direction made under this Act or under any ru le made under Action 15 of this Act shall have effect notwithstanding anything S i S d S S t therewith contained in any enactment other than this Act or m any instrument having effect by vi r tue of a n y enactment other than this Act. _ % 9 Delegation of functions.—The Chief Commissioner may by order direct that a n y power or dutv which fc conferred or imposed on the Chief Commissioner by this Act shall in such circumstances and under such conditions, if any ?.s may be specified in that direction, be exercised or discharged by any officer or autho rity subordinate to him.
10. Compliance with order or direction—Any person on whom an order is served or to whom a direction is made under provisions of this Act shall ca i ry out such order or direction in such manner and within such t ime as may be specified therein.
11 Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good tai tn clone or intended to be done in pursuance of this Act, or any rules made, t he re - under or any order issued under any such rule. •<-"*
(2) No suit or other legal proceeding shall lie against the Chief Commissioner ,for any damage caused or likely to be caused by anything in good faith done pc intended to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rules.
12. Savings,—{1>---Nd order made in exerciae of any power conferred by or under this Act shall be called in question in any Court of law.
(2) Where any order purpor ts to have been made or signed by any authori ty in e^erci^e of any power conferred by or under this Act a Court .shall wi thm the meaning of Indian Evidence Act, 1372 (Act I of 1872), presume that such order was so made' by that authority.
13 Penalties.—If anv person contravenes any order or direction made under this Act, hp shall be punishable with imprisonment for a term which may extend to six months or fine not exceeding one thousand rupees or with bodi.
14, Power to arrest without warrant.—Any police officer of or above the rank of a Sub-Inspector may arrest without warrant any person who is reasonably sus pected of having committed an 'offence punishable under this Act.
%g SEC. 3 (i)] 'THE GAZETTE Of INDIA EXTR4Q&WXARY 237
15. Power to make rules.—{1} The Chief Commissioner may, subject to the condition of previous publication, mai;s rules to give effect to the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such nues mai prescribe—
(a) the manner in which and the authority to whom appeals may be instituted;
(b) all matters which are required by this Act to be prescribed.
16. Savings.—On the expiration 0! this Act sitih expiration shall not— (aj affect any pena'ty cr punishment incurred in respect of any offence committed under this Act before its expiration; or
(b) affect any investigation, legal proceeding or remedy in respect of any SUJII penalty or pmrshment as aforesaid, and any such investigation, lt?gal proceeding or remedy may be instituted, continued or enforced and any su^h neuaily or punishment may be. Imposed as if this Act had not expired.
[No. F.5/3/eO-JUDL.II(UTL>25.]
K. R. PKABHU, Dy. Sery.
EfKNTED IN INDIA BY THE GENERAL M A : J A I ; F . S . GQVKSffMEifT Of INDIA P ;.
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