The 25th April ·1969 No.LJL.8J68JI6.-The following Act of the Assam Legislative Assernl-!v which received the assent of the President is hereby published for general information.
ASSAM ACT V OF 1969
(Received the assent of the President on the 18th April, U69)
THE ASSAM REQUISITION AND CONTROL OF VEHICLES
ACT, 1968
(Published in the Assam Gazette Extraordinary, dated the 26th April, 19.9) An
Act
to provide for requisition and control of Vehicles
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Preamble, Whereas it -is expedient to provide for the requi- sition and control of vehicles;
It is hereby enacted in the Nineteenth Year of the Republic of India as follows:-
Short title 1. (1) This Act may be called the Assam Requi- extent andsition and Control of Vehicles Act, 1968. commence-
aent.
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(2) It ex te nds to th e whole of the Stat e of Assam.
(3)
It shall come into force with Immediate effect.
Defin itions. 2. In this Act unless there is anything repugnant in the subject or context-
(a )
(bl
(c)
(d)
"Court" means a principa l Civil Court of original jurisdiction and includes the Cou rt of Assistant Di strict J udge or Munsiff whom the State Govern ment may appoint, by name or by virtue of his office , to perform, concurrently with any such pr incipal Civil Court, a ll or any of the fun ctions o f the Court und er this Act within any spe cified loc al limits and, in th e case of Mun - siff, up jo the lim its of the pecu niary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Court Act 1887 ' Act XII oi , , 18B7
"Owne r" includes where the pers on in possession of the vehicle is a minor, the guardian of such a minor, and in rel a- tion to a vehicle which is the subject of a hire-purchase agreement th e per- son in possession of the vehicle u nder that agreement ;
"prescribed" means pres cr ibed by the r ules made under this Act ;
"State Go vernment" means th e Govern- ment of Assam;
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Powe r to r equisition vehicles. (e ) " Vehi cle" means any vehicle used or capab le of being used for th e p urpose of trans- por t of persons or goods upo n roads or inland waterways, whether propelled
by mec hanical power or not.
3. (I) If in the opinion of the Sta te Gover nmen t it is necessary or exped ient so l to do for purpose essen- tial to the life of the community or for maintaining public order or for faci lity of public transport, it may pass an order in wr iting re quisitioning any vehicle and may make such orders as may appea r to it to be necessar y or expedient in connection with such requisition,
(2) The State Government may requi sition any vehicle by serving on the owner thereof, or where the owner is not readily traceable or th e ownersh ip is in dispute, by publica tion in the official Gazette, an order under sub-se cti on (1).
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(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 ti me being be in possession the reof.
(4) Where the State Government has requisitioned a ny vehicle it may use or deal with it in such manner as may appear to it to be expedient.. . Payment of . 4. (1) 'Whenever in pursuance of section 3 the com pensa- S G . , , hi 1 'htion , tate overnment requisr non a r.y ve IC e, there s all be paid to the owner such compensation as may be
determined by the State Government.
(2) Wh ile determining the compensation under sub-section (1) , the State Government shall ta ke into consideration --
(a ) the model, make, type, class and con di tion 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 Sta te Go vernment may deem fair .
(3) The compensation fixed under sub-section (2) shall be paid by the officer or authority req uisitioning the vehicle; such officer or authority shall not be bo un d to pay any dues outs tanding on mortgages and other encumbrances of the requisitioned vehicle. Release. 5. (1) T he ~fficer or authority requisitioning a ff~.~ requi- vehicle may at any time release the vehicle from smon, r equisition and when it is dec ided so to do, .a notice in writ ing shall be served on the owner to take deli- very of the veh icle 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 payme nt of any other kind shall lie with the officer or authority requisitioning the vehicle :
Provided that such officer or authority may make such fu r th er payment on account of compensation for a ny material damage done to the vehicle during the period of requisition, as assessed. in the manner me n- tioned in sub-sec tion (2) of section 4 of this Act.
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(3) The deli very of possession of the vehicle to the owner or his accredited agent shall be a full dis- charge 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 en- force against the person to wh om pos session of the vehicle is so deliver ed.
(4) If the owner fail s to take del ivery of the vehicle on or wit hin the specified date the officer or authority who passed the order 0 release of the vehi- cle may di spose of the same th ereafter:
Provided that such officer or auth rity shall be competent to allow to the owner such extension of time as he/i t may deem proper witho ut any liabiliy for any compensation or other payment for the per iod of extension.
(5 ) The di sposal of a vehicle under sub-section (4) shall be by public auction and at the risk of th e owner and the sale proceeds shall be made over to the owner after deducting any expe ndi ture incurred by the officer or authority releasing the vehicle due to th e owner not taking d eliv ery of it on or within the specified date. I~&renee 6. If the own er of the vehicle is aggrieved by the
to Ccurt, amoun t of compensa tion so determined, he may make an applic ation to th e Sta te Govern me nt for rcferri r.g th e matter to the Court .
rower to 7. The St ate ( ;overnment may , with a view to requi-
(a) req uire any person to furnish to such officer or authority as may be specified in th e order such informa tion in his possession rela ting to th e vehicle asmay be specified ;
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(b) di rect that the o wner or th e person in posses- sion of the vehicle shall not without the permission of the State Governmen t d ispose of i t or remove it til1 th e expiry of such period as may be specified in the order from the premises or th e pla ce in which it is kept. Power to 8. Without prejudice to any power otherwise con- inspect, fen ed by this Act any per son authorised in thi s behalf by the State Government may enter any place or pre- mi ses and inspect any veh icle for the purpose of deter- minin e whether and if so, in what manner an order und er. thi s Act should be made in rel ation to such vehi- ele or with a view to securing comnliance with any order made under this Act .
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. Restric- 9. No owner of any vehicle or any person in pos- tlOln 0frremo - session of it shall after service of order under section 3 va 0 acces- d bseries. remove or allow to be remove any part, tyre, tu e or allY other accessory or in any way injure the vehicle or permit it to be injured so as to reduce the usefulness of such vehicle.
C.ontrolof 10. Notwithstanding any other provision of this Act vehicle. the State Government may, by order-
(a) regulate, restrict or give directions with respect to the. use of any vehicle for the purpose of transport of passenger or goods by road or river ;
(b) require any person owning, or employed in connection with, or having in his posses- sion or under his control, any vehicle to comply with any directions given by any person specified in, or duly authorised in pursuance of the order; and such direc- tions may require the person owning or employed in connection with, Or ' having in his possession or under his con- trol any vehicle to use such vehicle for the conveyance of such persons or goods at such time and by such routes as may be set ·forth In the directions; IC) prescribe the conditions subject to which, and the rates at which, any vehicle may be hired for the purpose of transport of persons or goods by road or river, and the conditions subject to which goods so carried or to be carried may be discharged . or loaded;
(d) provide for prohibiting Or restricting the carriage of persons or goods of any class by any route andforprescribing the radius or distance within which persons or goods of any class may be carried by any route ;
(e) make such other provisions in relation to transport by any vehicle by road or inland water as a ppear to the State Government to be necessary or expedient for securing public safety, the maintenance of public order or for maintaining supplies and ser- vices essential to the life of the com- munity:
Provided that any order or direction made under this Act or under any rule made under section 17 of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in any enact- ment other than this Act or in any instru- ment having effect by virtue of any enactment other than this Act.
Savings. Penalties. Power to ar- warrant.
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Delegation 1f . The State Government may, by order, direct of fun ction. that any power or du ty which is conferred 01'" im- posed on the State Governmen t by thi s Act shall in such circumstances and under such conditions, if any, as may be specified in tha t direct ion, be exercised or discharged by any officer or authority 'subordina te to it.
r. ompliam::e 12, Any person on whom an order is served with order or to wh om a direction is made under provisions or direc- of this Act sh all carry out such order Or direc- tion. tion in such manner and within such time as may be specified th erein.
Protecti?n 13. (1) No suit, prose cution or other legal pro, nf ac non ceed ing shall lie ag ainst any person- for anything ' tak en un-. d Tai h d . ddt b d .d th Act In goo tart one or in ten e 0 e One In pur- er e . • su ance of this Act or any r ules made thereunder
or any order issued under any such rule.
(2 ) No suit or other legal proceed ing shall
lie against the State Government for any damage
caused or likely to be caused by anything in good
faith done or in tended to be 'done in pursuance
of this Act or any rule made -hereunde r or any
ord er issued under any such rule.
14. (1) No order made,in exercise of any power conferred by or under this Act shall be called in question in any Co urt of law .
(2 ) Where any order purports to have been made or signed by a ny au thority in exercise of any power conferred by or under th is Act, a C ourt shall , within the meaning ofInd ian Evid ence Act, 1872, presume Act I uf that such order was so made by that authority. 1272. '
15. If any person contravenes any order or direction made under this Act . he shall b e punishable with imprisonment for a term which may extend to six months or fine no t exc eeding one thous and rupees
. or with bo th .
16. Any police officer of or above the rank of a Sub-Inspector may arrest without wa rrant any pe rson who is reasonab ly suspected of having com- mi tted an offence punishable under thi s Act. Power to 17. (1) The State Government ma y, subject to the ' make ru'es, condition of previous publicat ion , make r ules for carrying out the pu rposes of this Act,
(2 ) Every rule made under this section ' shall
. be lai d, as soon as may be after it is made, befo re the Assam Leg islative Assembly whil e i t is in Session for a to tal period of fourteen days which may be co mprised in on e Session or in two successive Sessions, and if, before the expiry of the Session
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in which it is so laid or the Sessions immediately following the Assam Legislative Assembly agree in making any modification in the rule or the Assam 'Legisla tive Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modifica- tion or annulment shall be without prejudice to the validity of anything previously done under that rule.
i~epeal and 18. (I) The Assam Requisition and Control of Assam iD rd l-
" dving s. Vehicles Ordinance, 1968 is hereby repealed. nance IV of
1968.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so re- pealed shall be deemed to have been done or taken under this Act as if this Act had commenced on the thirteenth day of July, 1968 (the date of promulgation -of the O rdinance).
P. C. DAS,
Joint Secy, to the Govt. of Assam) Law Deptt.
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