Assam Requisition and Control of Vehicles Act, 1968
No: 5 Dated: Apr, 26 1969
THE ASSAM REQUISITION AND CONTROL OF VEHICLES ACT, 1968
ASSAM ACT V OF 1969
An Act to provide for requisition and control of Vehicles
Preamble. - Whereas it is expedient to provide for the requisition and control of vehicles;
It is hereby enacted in the Nineteenth Year of the Republic of India as follows: -
1. Short title extent and commencement. - (1) This Act may be called the Assam Requisition and Control of Vehicles Act, 1968.
(2) It extends to the whole of the State of Assam
(3) It shall come into force with immediate effect.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context -
(a) "Court" means a principal Civil Court of original jurisdiction and includes the Court of Assistant District Judge or Munsiff whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits and, in the case of Munsiff, upto the limits of the pecuniary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Court Act, 1887; (Act II of 1887)
(b) "Owner" includes where the person in possession of the vehicle is a minor, the guardian of such a 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;
(c) "Prescribed" means prescribed by the rules made under this Act;
(d) "State Government" means the Government of Assam;
(e) "Vehicle" means any vehicle used or capable of being used for the purpose 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 State Government it is necessary or expedient so to do for purpose essential to the life of the community of for maintaining public order or for facility of public transport, it may pass an order in writing requisitioning any vehicle and may make such orders as may appear to it to be necessary or expedient in connection with such requisition.
(2) The State Government may requisition any vehicle by serving on the owner thereof, of where the owner is not readily traceable or the ownership is in dispute, by publication in the official 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 the possession of the officer or authority mentioned therein, such officer or authority may seize the vehicle from any person who may for the time being be in possession thereof.
(4) Where the State Government has requisitioned any vehicle it may use or deal with in such manner as may appear to it to be expedient.
4. Payment of compensation. - (1) Whenever in pursuance of section 3, the State Government requisition any vehicle, there shall be paid to the owner such compensation as may be determined by the State Government.
(2) While determining the compensation under sub-section (1), the State Government shall take into consideration -
(a) The model, make, type, class and condition of the vehicle;
(b) The loss of earning, if any, sustained by the owner by reason of requisition;
and fix the compensation at such rate as the State Government may deem fair.
(3) The compensation fixed under sub-section (2) shall be paid by the 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.
5. Release from requisition. - (1) 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.
(2) 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 that such officer or authority may make such further payment on account of compensation for any material damage done to the vehicle during the period of requisition, as assessed in the manner mentioned in sub-section (2) of section 4 of this Act.
(3) The delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the State Government to deliver 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.
(4) If the owner fails to take delivery of the vehicle on or within the specified date the officer or authority who passed the order to release the vehicle may dispose of the same thereafter:
Provided that such officer or authority shall be competent to allow to the owner such extension of time as he/it may deem proper without any liability for any compensation or other payment for the period of extension.
(5) The disposal of a vehicle under sub-section (4) shall be by public auction and at the risk of the owner and the sale proceeds shall be made over to the owner after deducting any expenditure incurred by the officer or authority releasing the vehicle due to the owner not taking delivery of it on or within the specified date.
6. Reference to Court. - If the owner of the vehicle is aggrieved by the amount of compensation so determined, he may make an application to the State Government for referring the matter to the Court.