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Section 6

Motor Vehicles (Requisitioning and Control) Ordinance, 1971Ordinance · 1971

(1) The Central Government shall by notification appoint a Compensation Tribunal for such area as may be specified in the notification to exercise the functions conferred on the Compensation Tribunal by the provisions of this Ordinance.

(2) The Compensation Tribunal shall consist of,—

(i) a person who has for at least ten years either held a judicial post or been in practice as an Advocate of a High Court, and

(ii) a person' who has for at least ten years been in the practice of accountancy as a Chartered Accountant under the Chartered Accountants Act, 1949, or as a registered accountant under any law previously in force, or partly as a registered accountant and partly as a chartered accountant, or any person who has had, in the opinion of the Central Government, adequate experience of a character which renders him suitable for appointment to the Tribunal.

(3) If the members of a Tribunal constituted for any area differ in their assessment of the compensation payable to the owner of a motor vehicle, the case shall be referred by the Central Government to a member of a Tribunal constituted for any other area and it shall be decided according to the assessment made by him.

(4) The orders passed by the Compensation Tribunal on appeal shall be final.

(5) The Compensation Tribunal shall have all the powers of a Civil Court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the discovery and production of documents and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.

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(6) The Central Government may, by rules— . (a) prescribe the procedure to be followed by the Compensation Tribunal in proceedings under this section; and

(b) make provision generally for carrying into effect the provisions of this section.

7. The compensation determined by the competent authority for requisitioning any motor vehicle shall be paid within such period, at such intervals and in such manner as may be prescribed:

Provided that where payment of the compensation is delayed beyond the period so prescribed, interest shall be payable on the amount or part of the amount in arrear at such rate not being below three per cent, or above six per cent, per annum and with effect from such date or dates as may be prescribed.

8. A competent authority may, with a view to requisitioning any motor vehicle or taking any other action with respect thereto in pursuance of the provisions of this Ordinance, by order in writing,

(i) require any person to submit to it, within such time or at such intervals as may be specified in the order, such information and documents in his possession relating to the motor vehicle as may be 37 of 1949.

5 of 1898.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 411 so specified, being information and documents reasonably necessary for carrying into effect the provisions of this Ordinance;

(it) direct that the owner or person in charge of the motor vehicle shall not without the permission of the competent authority dispose of it, or remove it from the premises in which it is kept, till the expiry of such period as may be specified in the order.

9. If any person contravenes any order made under section 3 or section 8, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

Where this provision sits

ActMotor Vehicles (Requisitioning and Control) Ordinance, 1971
Section6
StatusIn force as published by the source

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