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REGISTERED No. D 221 ((Liuc=hi V•4444:14 EXTRAORDINARY
PART II—Section 3—Sub-section PUBLISHED BY AUTHORITY No. 78] NEW DELHI, THURSDAY, JUNE i6, I96o/JAISTHA 26, 1882 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 16th June 1960 G.S.R. 695.-1n exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union territory of Manipur the Assam Requisition and Control of Vehicles Act, 1950 (Assam Act XXXrI of 1950), as at present in force in the State 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 territory of Manipur" shall be substituted;
(ii) in sub-section (3), for the words and figures "It shall he deemed toz") have come. into force on the first clay of October, 1950", the wordS "It shall come into force at once" shall be substituted.
3. In section 2, for clause (c), 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" shall be substituted.
5. In section 4—, 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 Administration and the Superintendent of Police of Manipur" shall be substituted.
(ii) the words "or the Controller" in sub-section (3) shall be omitted,
(233)
(i) 234 THE GAZETTE ()Y/40IA EX;MAORDINAgY ti3#RT. ii ANNEXURE THE ASSAM REQUISITION AND CONTROL OF VEHICLES ACT, 1950,, AS EXTENDED TO THE ONION TERRITORY OF MANIPUR ASSAM AcT XXXII OF 1950.
The Assam Requisition and 'Control of Vehicles Act, 1950 AN.
Act 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 commencement.—(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 ManiPtir.
(3) It shall come into force at once and shall continue in force until the 30th day of September, 1961.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context—
(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 is the subject of a hire purchase agreement the person in possession of 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 purpose of transport of persons, or goods upon roads or inland waterway* whether propelled by mechanical power or not.
3. Power to requisition vehicles.—(1) If in the opinion of the Chief Commissioner it is necessary or expedierit 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 being - 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.—(1) 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 Commissioner and in the absence of such agreement,. uch 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 Superintendent. of Police of Manipur.
The Committee shall, after taking into consideration—
(a) the model, make, type, class and condition of the vehicle;
(b) the loss or damage, if any, sustained by the owner by reason of the requisition;
tn. 3 (I)J 6Aztif-it OF INDIA, Ektitit.ok.DINAli.
(c) the expense or inconvenience, if any, to which the, owner is put by reason of the requisition; and • (d) all other relevant factors, fix the compensation py.a.ble to owner in respect of the period of requisition at sucha rate, not the exceeding Rs. 25 per day, as the Committee may deem fair.
(2) The compensation fixed under sub-section (1) shall he Paid by ihe Officer or authority requisitioning the vehicle; such officer or authority shall not be bound to pay any dues outstanding on mortgageS ;and other encumbrances of the requisitioned vehicle.
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(3) Release from requisition.—The officer or authority requisitiOning a vehicle may at any time release the vehicle from requisition and when it is decided so to do, a notice in writing shall be served on the owner to take delivery of the vehicle on or within such date and from such place and such person as may be 'specified .therein.
• (4) With effect from such date no further liability for compensation or payment of any, other kind shall lie with the officer or authority requisitioning the vehicle;
Provided such 'officer or authority may make such thrther payment' on account of. compensation for any material damage done to the vehicle during the period of requisition, as assessed by the Committee mentioned in sub-Section (3) above.
(5) The' delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the Chief Commissioner to .delivet possession to such person as may have rightful claim to possession thereof but shall not prejudice, any right in respect of such vehicle which any 'other person may be entitled by due process of law to' enforce against the Person. to whom possession of the vehicle is so delivered. •
(6) If the owner fails to take delivery of the vehicle on or within. the sped, fled date the authority who passed the order of release of the Vehicle may dispose of the same 'thereafter;
Provided that such authority shall be competent _to allow to the owner such extension of time as he deems proper without any liability for any 'compensation or other payment for the period of extension.
• • . • . -
(7) The disposal of a vehicle under sub-section (6) shall be by' puc' and at the risk of the owner and the sale proceeds shall be made over t to the owner after deducting any expenditure incurred by the authority 'releasing the vehicle • due to' the owner not taking delivery of it on or within the Spepified date, . . . 5. Power to obtain informations.—The Chief Coirimissioner may, with a vieW to requisitioning any vehicle under section 3 or determining the compensation payable -under section 4, by order—
(a) require, any person to furnish to such authority as may be specified in the order such information in his possession relating to the vehicle as. may be specified;
• • • - (b) direct that the owner or the person in possession of the, vehicle shad not without the permission of the Chief Commissioner dispose of it .or remove it till the expiry or. such period as may be specified in the order from the premises of the place in which it is kept.
6. Power to inspect.—Without prejudice to any powers otherwise conferred by this Act any person , authorised in this behalf by the Chief CommisSioner may enter any place or premises and inspect any vehicle for the purpose of deterniin-` Llg whether, and if so, in what manner an order under this Act should be made in relation to such vehicle or with a view to securing compliance with any order made under this Act.
7. Restriction on removal of accessories.--No owner of any vehicle or any person in possession of it shall after service of order under section 3 remove or allow to be removed any part, tyre, tube or any other accessory or• in any way 'injure the vehicle or permit it to be injured so as to. reduce the usefulness of such vehicle.
236 THE GAZETTE OF INDIA EXTRAORDINARY [PART H
8. Control .of vehicles.—Notwithstanding any other provision of this Act the Chief 'Commissioner may by order—
(a) regulate, restrict or give directions with rspect to the use of any vehicle for the purpose of transport of pas e sengers or goods by road or river;
(b) require any person owning, or employed in connection with, or having in his possession or under., his control, any vehicle to comply with any directions given by any person specified in, or duly authorised in pursuance of, the order; and such directions may require the person owning or employed in connection with, or having . in his possession or under his control any vehicle to use such vehicle 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 vehicle may be hired for the purpose of transport of persons or goods by road or river, and the conditions subject to which goods so -carried or to be carried may be discharged or loaded;
(d) provide, for prohibiting or restricting the carriage of persons or goods of any class by any route and for prescribing the radius or distance within which persons or goods of any class may be carried by any route;
(e) make such other provisions in relation to transport by any vehicle by road or 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 rule made under section 15 of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
9. Delegation of functions.—The Chief Commissioner may by order direct that any power or duty which is conferred or imposed on the Chief Commissioner by this Act shall in such circumstances and under such conditions, if any, a.s may be specified in that direction, be exercised or discharged by any officer or authority 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 carry out such order or direction in such manner and within such time 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 faith done or intended to be done in pursuance of this Act, or any rules made thereunder 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 oc 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) .No order made in exercise of any power conferred by or under this Act shall be called in question in any Court of law.
(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 a Court .shall within the meaning of Indian Evidence. Act, 1872 (Act I of 1872), presume that such order was so made by that authority.
13. Penalties.—If any person contravenes any order or direction made under this Act, he shall be punishable with imprisonment for a term which may extend to six months or fine not exceeding one thousand rupees or with both.
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.
SEC. 3 (i)] THE GAZETTE OF INDIA EXT "Ail V 237
15. Power to make rules.—(1) The Chief Commissioner may, subject to the condition of previous publication, mate rules to give effect to the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such fines may 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 proscribed.
16. Savings.—On the expiration of this Act such expiration shall not—
(a) affect any penalty or 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 such penalty or punishment as aforesaid, and -any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such renalty or punishment may be imposed as if this Act had not expired.
[No. F.5/3/60-JUDLTI(trIT)25.]
K. R. PRABIIU, Dy: Secy.
RINTED IN INDIA BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS.
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