31 MINISTRY OF HOME AFFAIRS | NOTIFICATION.
New Delhi, the 19th October 1962 G S R 1389.—In exercise of the powers conferred by section IT of the Union.
T«Htn7i— fl -iws> Act 1950 (30 of 1950), the Central Government hereby extends S t t ! l S S 1 B ^ « w S ^ Pn^esh the East Punjab Moveable Property (Cuismoning) Act, 1947 (East Punjab Act 15 or 1947) as at present in tcrce in t l * State of Punjab, subject to the following modifications, namely:— MODIFICATIONS r •
1. Throughout the Act,— *„i .w.teo* nthprwi-ys qnecined for the .words "State Government", the words.
i(a) " B f e j g ^ ^ J g S V S S f f i Pradesh" shall be substituted and there shall atsd be made in any' sentence iri which those words occur, such consequential amendments as the rules of grammar require;
"(b)" for the words "Official Gazette", the words "Himachal Pradesh Gazette" •« shall be substituted.
•2. In ^ub-sectioh (2) of section 1, for the words; "State of Punjab", the words "Union territory of Himachal Pradesh" shall be substituted.
3- In sub-section (2) of section 3, for the words "State': Government", the word "Government" shall be substituted.
4 In sub-section (3) of section 5, for the word "Government", the word?
"lieutenant^ Governor of Himachal Pradesh" shall be substituted.
E. In section 1,— ,
(a) for the words "in the opinion of that Government', the words • in m~ opinion" shall be substituted;
(b) for the words "made by it", the words "made by him" shall be fcfcsti, tuted.
6 In sub-section (2) of section 10, for the words "State Government", theword '"Government" shall be substituted.
ANNEXURE Sast Punjab Act No. XV of 1947, An Act to provide for the requisitioning and acquisition of Moveable Property.
It is hereby enacted as follows— 1 Short title, extent and commencement-d) This Act may be called the &** Punjab Moveable Property (Requisitioning) Act, 194/.
'(2) It extends to the whole of the Union territory of Himachal Pradesh.
(3) It shall come into fores at once.
2 Kequisitionms of moveable property.^(l) The U n t e n a n t Governor of, rri »>£*i T3̂ .irfp«h if JIP considers it necessary or expedient so to do, may Oy outer S ^ M ^ ^ ^ L f t m m property and, may mate such further « f t » , S ™ necessary or expedient in connection witn the requisitioning.
n UWA * w nA nrooert^ used tor the ouroose of religious worship ana on * e S t or maintenance of aircraft, shall be requisitioned.
(a) Where the Lieutenant Governor of tima'cha! Pradesh makes any order under- sub-section (1). he may use or deal with the property Ln such iiwmiw .M m»y appear to him to be expedient-.
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3. Power to acquire requisitioned property.—(1) The Lieutenant Governor o?
.Himachal Pradesh may at any time acquire any moveable property requisitioned by him 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 Himachal Pradesh Gazette, a notice stating that the said authori ty.has decided to acquire it in pursuance of this section.
(2) Where a notice of acquisition is served on the owner of the property or published in the Himachal Pradesh Gazette under subject ion <i> then at the beginning of the day on which the notice is so served or published the ' property shall vest in the Government free from all encumbrances and the period of re--- quisition thereof shall end.
4. Payment of compensation.—The owner of any moveable property requisition ed or acquired under this Act shall be paid such compensation as the Lieutenant Governor of Himachal Pradesh may determine.
5. Helease from requisition.—(I) Where any property requisitioned under section 2 is to be released from requisition, the Lieutenant Governor of Himachal Pradesh may after making such Jfrquiry, if any. as he considers necessary, specify by order in writing the person to whom possession 0$ the property shall be "given.
(2) The delivery- of possession of the property to the person specified in an order made under sub-section (1) shall be a full discharge of the Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is so' delivered,
(3) Where the person to whom possession of any property is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Lieutenant Governor of Himachal Pradesh shall cause a'noticedeclaring that the property is released from requisitioning to be published in the Himachal Pradesh Gazette.
(4) When a notice referred to under sub-section (3) is published i n ^ t h e Himachal Pradesh Gazette, the property specified in the notice shall cease to be • subject to requisition on and from the date of such publication and shall be deem ed 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 respect of the- property far any period after the said date.
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8. Power to otetalix information and to give directions,—The Lieutenant Governor of Himachal Pradesh may, with a view to requisitioning or acquiring any property under section 2 or section 3 or determining the amount of compensation payable under section 4, by o r d e r ^
(a) require 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 specified;
(b) direct that the owner or person in possession shall not without permis sion dlspasd of the property till the expiry of such period as may be specified in the order.
7. Power to give eff«Ci to orders.—The Lieutenant Governor of Himachal Pradesh may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion be reasonably necessary for securing compliance with any order made by him under this Act.
8, Delegation of functions,—The Lieutenant Governor of Himachal Pradesh •.ct*7 by order notified in the Himachal Pradesh Gazette, direct that any power conferred or any duty imposed on him by this Act shall in such circumstances and Under such conditions, if any, as may be specified In the direction be exercised or t:U:;'T'harged by such officer as may tjjjS so specified.
3. OLISLUTS ami penalty.;—Y/hoaver—• ^£j i : M::;cts the Lieutenant Governor of Himachal Pradesh or any person authorised by him in (he discharge of tha functions under sub-section I {'>'•) oi section 2 or section 7; ojeither knows or ha , 5 : 5 ™ o a t l? n ^ h *» *&» or wSch he ft* beLieve to be true or * C 3 U S e t 0 b e l i e v e t o b e false £ doe?
10. Protection or action under the Act *i * wproceeding shall lie against a r T o e r s n n ^ T ^ & s«1*. prosecutton or other legal « &*« to he d0n, in USEE ft s f W S £ ^ r t i a ^ r daiaiecLS g ^ ^ S 2 ^ « ^ t « g J » .?--rnent for any to be done in pursuance of this Act <£• ^T™Sf good faith done or intended ceeding taken. 9 r order nSte t^ ' tSg^^Sl^^T 1 1 9 ^ a ,n d n o *>»* court, - l Ln i s Act< shall be called in question by any .[No. 4/9/61-Judl.Il-UTL-52;J P. & KAUL, By. geey.
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