Tamil Nadu Requisitioning of Motor Vehicles Act, 1970
No: 28 Dated: Oct, 07 1970
THE TAMIL NADU REQUISITIONING OF MOTOR VEHICLES ACT, 1970
(Tamil Nadu Act No. 28 of 1970)
An Act to provide for the requisitioning of motor vehicles for public purposes.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-first Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Requisitioning of Motor Vehicles Act, 1970.
(2) It shall be deemed to have come into force on the 14th August, 1970.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "award" means any award of an arbitrator made under section 7;
(b) "competent authority" means the Commissioner of Police in the City of Madras and the District Collector elsewhere;
(c) "Government" means the State Government;
(d) "motor vehicle" shall have the same meaning as in clause (18) of section 2 of the Motor Vehicles Act 1939 (Central Act IV of 1939) and includes-
(i) any movable property ancillary or incidents to the maintenance and control of such motor Vehicles and
(ii) any right in or over such motor vehicle on movable property;
(e) the expression "person interested" in relation to any motor vehicle, includes all persons claims entitled to claim, an interest in the compensation payable on account of the requisitioning of that motor vehicle under this Act.
3. Power to requisition motor vehicle. - (1) Where the competent authority is of opinion that any motor vehicle is needed, or likely to be needed for any public purpose, and that the motor vehicle should be requisitioned, the competent authority-
(a) shall call upon the owner or any other person who may be in possession of the motor vehicle by notice in writing (specifying therein the purpose of the requisition) to show cause, within seven days of the date of the service of such notice on him, why the motor vehicle should not be requisitioned; and
(b) may, by order, direct that neither the owner of the motor vehicle nor any other person shall, without the permission of the competent authority, dispose of, or structurally after the motor vehicle until the expiry of such period not exceeding one month as may be specified in the order.
(2) If, after considering the cause, if any, shown by any person interested in the motor vehicle or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the motor vehicle and may make such further order as appear to it to be necessary or expedient in connection with the requisitioning.
(3) Where the competent authority is satisfied that having regard to the immediate need for action, it will not be reasonably practicable to give a notice mentioned in clause (a) of sub-section (1), it may, after recording reasons and by order in writing, requisition the motor vehicle without such notice and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning.
4. Power to take possession of requisitioned motor vehicle. - (1) Where any motor vehicle has been requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in possession of the motor vehicle to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf -
(a) forthwith in case an order of requisition is passed under sub-section (3) of section 3; and
(b) in any other case, within fifteen days of the service of the notice.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the motor vehicle and may, for that purpose, use such force as may be necessary.
5. Rights over the requisitioned motor vehicle. - All motor vehicles requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice of requisition.
6. Release from requisitioning. - (1) The Government may, at any time, release from requisition any motor vehicle requisitioned under this Act and shall, as far as possible, restore the motor vehicle in as good a condition as it was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force:
Provided that where the purposes for which any requisitioned motor vehicle was being used cease to exist, the Government shall release that motor vehicle, as soon as may be, from requisition.
(2) Where any motor vehicle 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 order in writing, the person to whom possession of the motor vehicle 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 successors-in-interest of such person.
(3) The delivery of possession of the motor vehicle to the person specified in an order under sub-section (2) shall be a full discharge of the Government from all liability in respect of the motor vehicle, but shall not prejudice any rights in respect of the motor vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the motor vehicle is given.
(4) Where any person to whom possession of any Requisitioned motor vehicle is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the motor vehicle is released from requisition to be affixed on some conspicuous part of the premises in which the motor vehicle was ordinarily kept before the date of requisition and shall also publish the notice in the Tamil Nadu Government Gazette.
(5) When a notice referred to in sub-section (4) is published in the Tamil Nadu Government Gazette, the motor vehicle specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall 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 claim in respect of the motor vehicle for any period after the said date.
(6) Where any motor vehicle requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence, of any army or of a mob or other irresistible force, the requisition shall, at the option of the Government, be void:
Provided that the benefit of this sub-section shall not be available to the Government where the injury to such motor vehicle is caused by any wrongful act or default of the Government.