(1) Where the competent authority is of the opinion that it is Power t necessary or cxDedient so to do for the maintenance or improvemnent of requisition Services and supplies essential to the life of the community or for providing move able lmnediate relief to persons affected by floods or any other natural calamity, Property.
Tiots or strikes or for the cfficient conduct of elections, or for any other Public purpose, it may, by an order in writing, requisition any moVeable property and may make such further orders as appear to it to be necessary or Cxpedient in conncction with the requisition :
(2) Where the competent authority has requisitioned any property undcr Nb-section (/), it shall vest in the Government Tor the period of the requisition Definitions.
PUNJAB GOVT GAZ. (EXTRA.), NOV. 17, 1978 115 (KARTIKA 1g, 1900 SAKA) omnes 44% A a — 1x r+ I ———————
PART I DEPARTMENT CF LEGISLATIVE AFFAIRS Notification The 17th November, 1978 No. 51-Leg./78.—The fi llowing Act of the Legislature of the State of Punjab received the assent of the President of India on the 27th October, 1978, and is hereby published for general information :— PUNJAB ACT No. 35 of 1978.
THE PUNJAB REQUISITIONING AND ACQUISITION OF MOVEABLE PROPERTY ACT, 1978.
AN ACT to provide for the requisitioning and acquisition of moveable property in the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Twentyninth Year of the Republic of India, as follows :—
1. (J) This Act may be called the Punjab Requisitioning and Acquisition Sport title of Moveable Property Act, 1978. and extent.
(2) 1t extends to the whole of the State of Punjab.
2. In this Act, unless the context otherwise requires, — Definitions.
(@) “competent authority’ means any officer, not below the rank of District Magistrate, authorised by the Government, by notification, to perform the functions of the competent authority under this Act for such area as may be specified in the notification ;
(b) “Commissioner” means the Commissioner of the Division ;
(¢) “Government” means the Government of the State of Punjab ;
(d) “motor vehicle” shall have the meaning assigned to it in clause
(18) of section 2 of the Motor Vehicles Act, 1939 ;
(€) “prescribed” means prescribed by rules made under this Act.
3. (I) Where the competent authority is of the opinion that RB Bpswer 10 necessary or expedient so to do for the maintenance or improvement of requisition services and supplies essential to the life of the community or for providing moveable immediate relief to persons affected by floods or any other natural calamity, Proberty.
riots or strikes or for the efficient conduct of elections, or for any other public purpose, it may, by an order in writing, requisition any moveable property and may make such further orders as appear to it to be necessary or expedient in connection with the requisition =
Provided that no property used for the purpose of religious worship, 0 motor vehicle operating on an inter-State permit or the inter-State permit of such vehicle and no aircraft or anything forming part of an aircraft or Connected with the operation, repair or maintenance ol aircraft, shall be fequisitioned,
(2) Where the competent authority has requisitioned any property under Mb-section (1), it shall vest in the Government for the period of the requisition Release from ing.
4. (I) The competent authority may, at ay time, rclcase from requisition any property rcquisitioned under section 3 ard shall, as far as possible, requisition- restore the property in as good a condition as it \yas when possession thereof was taken, subject only to the changes caused by reasOnable wear and tear.
116 Power to acquire PUNJAB GOVI GAZ. (EXTIRA.), NOV. 17, 1978 (KARTIKA 26, 1900 SAKA) property.
and the Government may use or deal with it in such manner as may appear to it to be expedient.
(2) Wherc any property is to be released from requ'sithon, the competent authority may, after such enquiry, if any, as it may iT any case consider necessary to make or cause to be made, specify by an order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successor-in-intesest of such person.
(3) The delivery of possession of the requisitioncd property to the pcrson specified in the order made under sub-section (2) shall be a full discharge of the Government from all liabilities in respect of such property :
Provided that nothing in this section shall prcjudice any right in respeet of the property which any other person may be entitled to by duc process of law to enforce against the person to whom the possession of the property is.
so delivered.
(4) Where the person to whom the possession of any requisitioncd property is to be given cannot be found and has no legal agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice, to be published in the Official Gazette, declaring that the property is released from requisition.
5. () Where any prop.ity is subjcct to requisition, the competcnt authority may, if it is of opinion that it is neccssary to acquire the propery requisitjoned for any of the purposes referrcd to in section 3, at any time acquire se
(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specificd in such notice shall ccase to be subject to requisition on and from the date of such publication and be deemed to have bcen delivered to the person entitled to posscssion thercof and th Government shall not be liable for any compensation or other claims Ln respect of the property for any period after the said date.
property by publishing in the Official Gazette a notice to the cffect that the Government has decided to acquire the property in pursuance of this scction :
Provided that before issuing such notice, the comnpctcnt authority shall call upon the owner of, or any person who, in the opinion of the connpetent authority, may be interested in, such property to show cause as to w hy tie propcrty should not be acquired ; and after considering the cause, if any, shown by such person, the competent authority may pass such orders as deems fit.
(2) Where a notice referrcd to in sub-section (/) is published in the Oflicial Gazette, the requisitioned property shall, on and from the beginning ol le day on which the notice is so published, vest absolutely in the Government free from all encumbrances and the period of requisition of suçh propcry shall end.
Release from requisitioning.
Power to acquire requisitioned for any of the purposes referred to in section 3, property.
116 PUNJAB GOVT GAZ. (EXT\RA.), NOV. 17, 1978 (KARTIKA 26, 1900 SAKA) —— and the Government may usc or deal with #t in such manner as may appea, to it to be expedient.
4. (I) The competent authority may, at ay time, releasc from requisition any property requisitioned under section 3 and shall. as far as possible restore the property in as good a condition as it yas when possession thereof was taken, subject only to the changes caused by reasonable wear and tear,
(2) Where any property is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by an order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successor-in-intesest of such person.
(3) The delivery of possession of the requisitioned property to the person specified in the order made under sub-section (2) shall be a full discharge of the Government from all liabilities in respect of such property :
Provided that nothing in this section shall prejudice any right in respeet of the property which any other person may be entitled to by due process of law to enforce against the person to whom the possession of the property is so delivered.
(4) Where the person to whom the possession of any requisitioned property is to be given cannot be found and has no legal agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice, to be published in the Official Gazette, declaring that the property is released from requisition.
(5) When a notice referred to in sub-section (4) is published in the Officia l Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any compensation or other claims In respect of the property for any period after the said date.
the competent 5. (I) Where any prop.:ity is subject to requisition, " he property authority may, if it is of opinion that it is necessary to acquire the p H at any time acquire suc fect that the property by publishing in the Cfficial Gazette a notice to the - qection d Government has decided to acquire the property in pursuance of this
Provided that before issuing such notice, the competent authority shall call upon the owner of, or any person who, in the opinion o f the competent authority, may be interested in, such property to show cause as to why v property should not be acquired ; and after considering the cause, 1 ha shown by such person, the competent authority may pass su ch orders as deems fit.
(2) Where a notice referred to in sub- Gazette, the requisitioned property shall, on day on which the notice is so published, vest } free from all encumbrances and the period of requisition shall end.
section (1) is published in the official and from the beginning of the absolutely in the Government 1 of such property PUNJAB GOVT GAZ. (EXTRA.), NOV. 17, 1978 (KARTIKA 26, 1900 SAKA) 117
6. The amount payable in respect of requisitioned moveab e property, Payment of including vehicles and vessels, shall be the sum total oi the following items:amount for requisi tËoned property.
(i) interest on the cost at which the owner had purchased the property calculated in a manner and at a rate, not being below th ee per cent or above six per cent, per annum, that may be prescribed :
Provided that where the property has been obtained by the owner as a gift or its cost cannot be established by him to the satisfaction of the competent authority or its cost exceeds the current replace ment price of the property, the current price of the same property or property which, in the opinion of the competent authority, is substantially similar to it, shall be taken to be its cost ;
(ii) an amount representing depreciation of the property during the period of its requisition calculated at a rate not exceeding thirty per cent per annun and in a manner that may be specified by the Government by a general or special order for any class of property;
(iii) an amount for the loss of the use of the property or of any profits that might have been earned but for the requisition, at such percent age, not being less than three, per annum, as may be prescribed, of the cost referred to in item (i) above as reduced by depreciation calculated at the same rate as for item (ii) above in such manner and for such period as may be so prescribed ;
(iv) any further amount that the Government may by general or special order specify:
Provided that in the case of property for which the full consideration due under a hire-purchase agreement has not been paid, so much of the amount as relates to items (ii) and (iv) above shall be pa yable to the hirer and the balance representing items (i) and (ii) above shall be made over to the financier till he receives the full consideration and this provision shall over-ride any terms to the contrary in the hire-purchase agreement
Provided further that if during the period of requisition the property is damaged otierwise than by nornai wear and tear or lost at a time when it is noc insured, there shall be paid to the owner an additional amount equal to the cost of making good the damag: or, in the case of a total loss, an amount that would have been payable if the property had been acquired on the date of the loss, such amount being deternnined in the manner set out in section 7 :
Provided further that the owner of the property or any other person interested shall have the right to appeal to the Commissioner within a period of of thirty days the receipt of the order of the competent authority determining the amount payable in respect of requisitioning of the property, or within sucn further period as the Commissioner may for sufficient cause, allow, in such form and manner as may be prescribed.
7. The amount payable in respect of the acquisition of any moveable Payment of property shall be the controlled price of the property, that is lo say, the price aumount fot Iixed by an order under any law lor the time being in lorce i acquisition of property PUNJAB GOVT GAZ, (EXTRA), NOV , 17, 1978 17 (KARTIKA 26, 1900 SAK4) or - - mn ema at seme mn Tema #4 6. The amount payable i respect of requisitioned moveab e property, Daymens of : i icles 255 shi tthe . s {0 ing i .__ amo including vehicles and ves sels, shall be the sum total oi the following items: I property, (i) interest on the cost a which the owner had calculated in a manner and at or above SIX per cent, per purchased the property arate. not being below th ee per cent anitum, that may be prescribed :
Provided that where the property has been obtained by the owner as a gift or its cost cannot be established by him to the satisfaction of the competent authority or its cos: exceeds the current replace- ment price of the property, the currant price of the same property Or property which, in the opinion of the competent authority, is substantially similar to it, shall be taken to be its cout :
(ii) an amount representing depreciation of (fe property during the period ol its requisition calculated at a rate not exceeding thirty per cent per annum and in a manner that may be spec fied by the Government by a general or special order for any clos; of property;
(iif) an amount for the loss of the use of that might have been earned but for the requisition, at sych percent- age, not being less than three, per annum, as ma y be prescribed, of the cost referred to in item (i) above as reduced by depreciation calculated at the same rate as for item (ii) above in such manner and for such period as may be so prescribed the property or of any profits
(iv) any further amount that the Government may by general or special order specify :
Provided that in the case of property for which the full consideration due under a hire-purchase agreement has not been paid, so much of the amount as relates to items (iii) and (iv) above shall be payable to the hirer and the balance representing items (7) and (ii) above shall be made over to the financier till he receives the full consideration and this provision shall over-ride any terms to the contrary in the hire-purchase agreement
Provided further that if during the period of requisition the property is damaged otaerwise than by norraal wear and tear or lost at a time when it is no: insured, there shall be paid to the ower an additional amount equzl to the cost of making good the dun ag: or, in the case of a total loss, an amount that would have been pioyable if the property had been acquired on the date of th: loss, sich amount being determined in the manner set out in section 7 :
Provided further that the owner of the property or any other person . interested shall have the right to appeal (to the Commissioner . within a period of of thirty days the receipt of (he order of the competent authority determining the amount pavable in respect 27 of requisitioning of the property, or within such {yr(her period ... asthe Commissioner may for sufficient cause, allow, in such form © and manner as may be prescribed,
7. The amount payable in respect of the acquisition of Property shall be the controlled price of the property, that is to xed by an order under any law dor the time being in force ny moveable Payment of Say, the price amount for i Acquisition of Property Payment of amount.
Power to obtain informa to and give directions.
Power to Bive effect to orders.
Appeal.
118 PUNJAB GOVT GAZ. (EX TRA.), NOV. 17, 1978 (KARTIKA 26, 1900 SAKA)
Provided that, in respect of the property the price of which is nat controlled or wAich is 10t new, the amount shall not exceed a sum equal to the price which would have been paid for its replacement on the date of the acquisition, reduced by a sum equal to the deprecia iion of the property.
Explanation.-In arriving at the price which would have been paid for the replacer nent of the property, no account shall be taken of any apprecia tion in the value thereof, after the date of requisition :
Provided further that the owner of the property or any other person interested sl all have the right to appeal to the Commissioner within a period of thirty days of the receipt of the order of competent authority deterimining the amount payable in respect of acquisition of the property, or within such further period as the Commissioner may, for sufficiert cause, allow, in such form and manner as may be prescribed :
Provided further that where an agreement has been reached between the competent authority and the owner of the property or any other person interested thercin, the amount agreed to shall, irrespective of its quantum, be payable, unless it is revised by the Government after giving to the owner of the property or any other person interested therein a reasonable opportunity of being heard.
8. The amount determined by the competent authority for requisi tion ing or acquiring property shall be paid to the person or persons cntitlcd thereto within such period, at such intervals and in such manner, as may be prescribed :
Provided that where the payment of the amount is delayed beyond the period so prescribed. interest shall be payable on the amount or part of the amount in arrcar at such rate not being below three per cent or above SiX per cent per annum and with eflect from such date or dates as nay be pres
9. The Governnent or the competent authority may, with a view to carrying out the purposes of this Act, by order
(a) rquire any person to furnish such officer, as may be specificd 10 the order, such information in his possession as may be specitied therein relating to any property, which is requisitioned or acquired, or intended to be requisitioncd or acquired, under this Act ;
10.
(b) irccL that the owncr or person in possession of the property shall I.0t without permission dispose it of till the Cxpiry of such period causc Tle Government or the competent authority may take or to be taken uch steps and use or cause to be used such force as may, in tnd opinion of thc Government Or the compcient authority, be reasonably nccessary for securing compliance witli any order made by it under this Act.
11. () Any person aggrieved by an order made by the competent authority un ler scction 3, or scction 4, or section 5, may, within a period o thirty days .ron the dalc of service of hc order, prefer an appcal to no calculated n tho manner and at a rate not exceeding thirty per cent per annum as nay be prescribed.
cribed.
as may be specified in thc order.
Government :
Payment of amoynt.
Power to obtain informa to and give directions.
Power to give effect to orders.
Appeal.
1s PUNJAB GOVT GAZ. (EXTRA.), NOV. 17, 1975 (KARTIKA 26, 1900 SAKA)
Provided that, in respect of the property the price of which js not controlled cr which is 10t new, the amount: shall not exceed a sum equal :
the price which would have been paid for its replacement on the date of th acquisition, reduced by a sum equal to the depreciation of the property calculated 'n the manner and at a rate not exceeding thirty per cent per annum as may be prescribed. }
Explanation.—In arriving at the price which would have been paid for the replacerent of the property, no account shall be taken of any appreciation in the value thereof, after the date of requisition
Provided [urther that the owner of the property or any other person interested shall have the right to appeal to the Commissioner within a period of thirty days ol the receipt of the order of competent authority determining the amount payable in respect of acquisition of the property, or within such further period as the Commissioner may, for sufficiert cause, allow, in such form and manner as may be prescribed :
Provided further that where an agreement has been reached between the competent authority and the owner of the property or any other person interested thercin, the amount agreed to shall, irrespective of its quantum, be payable, unless it is revised by the Government after giving to the owner of the property or any other person interested therein a reasonable opportunity of being heard.
8. The amount determined by the competent authority for requisitioning or zcquiring property shall be paid to the person or persons cntitled thereto within such period, at such intervals and in such manner, as may be prescribed :
Provided that where the payment of the amount is delayed beyond the period so prescribed. interest shall be payable on the amount or part of the amount in arrcar 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 pres:
cribed.
9. The Government or the competent authority may, with carrying out the purposes of this Act, by ordera view to may be specified be specified acquired,
(a) require any person to furnish such officer, as in the order, such in‘ormation in his possession as miy therein relating to any property, which is requisitioned or or intended Lo be requisitioned or acquired, under this Act:
the property shall ; ( direc the owe r person in possession ol (b) ircet that the owner or | | 5 erin pol without permission dispose it of till the expiry © as may be specified in the order.
10. Tie Government or the competent authority may take or 9 to be taken uca steps and usc or cause to be used such force as may, bly opinion of the Government or the compeient authority, be necessary for securing compliance with any or der.made by it unde the competent within a period 0 11. (/) Any person agpricved by an order nade by to the authority ur ler section 3, or section 4, or section o, nay, thirty days ron the date ol service of the order, prefer Government an appeal PUNJAB GOVT GAZ. (EXTRA.), NOV. 17, 1978 (KARTIKA 26, 1900 SAKA)
Provided that the Government may entertain the appcal after the expiry of the said period of thirty days, if it is satisfied that the appellant was nrevented by suficient cause from filing the appeal in time.
(2) On rceipt of an appeal under sub-section (1), the Government may, after calling fTr a report from the competent authority and giving an opportuaity to the partie: of being heard and after making such further enquiry, if any, as may be n cessary, pass such orders, as it thinks fit and the order of the Government shall be final.
12. Th: competent authority while holding an enquiry, shall have all Competent the powers of a civil court while trying a suit under the Code of Civil Procedure, authority to 1908 (Central Act 5 of 1908), in respect of the following natters, namely :- bave certain Powers of civil court.
119
(a) summoning and enforcing the attendance of any person and examining him on oath
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits
(d) requisitioning any public record from any court or office ;
(e) issuing commissions for examination of witnesses.
13. The Government may, by notification, direct that the powers Delegation exercisable by it under this Act (cxcept the power to make rules) shall, in of powers.
such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer as may be so specified.
14. (I) No suit, prosecution or other legal proccedings shall lie against Protection any person for anything done or intended to be done in pursuance of this Act of action or any rule or order made thereunder. taken in good faith.
(2) No suit or other legal proceedings shall lie against the Government or the compctent authority for any damage caused or likely to be caused by anything which is in good faith donc or intended to be done in pursuance of this Act or any rule or order made thereunder.
15. No civil court shall have jurisdiction in respect of any matter which Bar the Government or the competent authority is empowered by or under this jurisdiction Act to determine, and no injunction shall be granted by any court or ot her of civil authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Cort.
of
16. Whoever contravenes any provision of this Act, or any rule made Penalty for thereunder, or any order made or direction given under this Act, or obstructs offences .
the lawful ex rcise of any power conferred by or under ihis Act, shall be Punishable with imprisonment for a term which may extend to one year or with fine or with both.
(2) Every rule made under this section shall be laid, as soon as may be' alter it is made, before the House of the State Legislature while it ís in Session for a total period of ten days which may be comprised in one session