I975 : H a v a n a Act 9) REQUl SITION1 NG AND ACQUISlTlON OF 435
. MOVABLE PROPERTY
THE HARYANA REQUISITIONING AND ACQUISITION OF
MOVABLE PROPERTY ACT, 1975
TABLE OF CONTENTS
1. Short tide and exlenl.
2. Definitions.
3. Power to rcquisirion movsblc property. 4, Rele:~sc from requisiiioning.
5 . Power to acqu~rc requisitioned property.
6. Paymcnt of amounl for requisilioned property.
7. Payment of amounl ior acquisition of property.
8. Payrncnt of amount.
3. Power to obtain infomalion and give directions.
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10. Power to give effecr to orders.
11. Appeal.
12. Competent authority and Govzrnment to have cer~ain powers of Civil Courl.
13. Deicgation of powers.
14. Pro~ection of action taken in good faih.
15. Bar of jurisdiction of CiviI Cnum.
16. Pcnalty lor offences.
17. Certain persons LQ be public scrvanb.
18. Powcr to make rules.
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1975 : Hnryaoa Act 91 REQUIsITroNING AND ACQUISITION OF 437
MOVABLE PROPERTY
'THE HAFtYANA REQUISTTIONJNG AND ACQUISITION
OF MOVABLE PROPERTY ACT, 1975
[Received f i le assent of the President oJltldio on {lie 3rd Mhrch, 1975, undfirst publised it1 Haqfatta Govenrnren t Gazette (Extrao rdirraty), March 14,1975.1
to provide for the requisitioning and acquisition of movable
- property in the State of Haryana.
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Year
1975
Be it enacted by the Legislature of the State of Haryana in the Twenty- fifth year of the Republic of India as follows :-
1. (I) This Acl may be called the Haryiuia Requisitioning and short title and Acquisition of Movable Property Act, 1 975 cxtcnt.
(2) it extends to the whole of the State of Haryana.
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Whether repealed or otherwise affected by lcgislarion
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Nu.
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2. In this Act, unless the context otherwise requires,- Definitions.
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Short ~ i d t
, The Harynna Requisirioning
and Acquisition
of Moveable
Propeny Act, 1975
(a) "competent au thori~y" means any person or authority
authorised by the Government, by notificatior), to
perform the functions of the competent auihori ty under this Act for such area as may be specified in the notification ;
1. or Statement of Objccts and Reasons, see Hu~ynt~a Govertimt'~~/ Gt~zet fe (E.~rr~ao~di~laly), d ted ihc 14th January, 1975, pagc 109.
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438 REQUISlTIOmG AND ACQUISITION OF 11975 : Haryana Act 9
MOVABLE PROPERTY
{bl "Government" means thc Government of the State of - Haryana ;
(c) "pqscri bed" means prescribed by rules madc under this Act.
Power to 3. ( 1 ) . Where the competent authority is of the,opinion that it is
requisition necessary or expedient so to do for the maintenace or improvcmcnt of
movable services and supplies essential to [he life of lhe community or for P'oPertY. providing immediate relief to persons affected by floods, riots or strikes or
for the efficient conducl of elections, or for any olher public purpose. if may, by an order in writing, requisition any movable property and may
make such further order as appear to i t to be necessary or expedicnl in connecction with the requisitioning :
Provided that no property used for the purpose of religious worship and no aircraft or anything forming part of an aircraft or connected with the operation , repair or maintenance of aircraft, shall bc rcquj sitioned.
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(2) Where the competent authority has requisitioned any property under sub-section ( I ) , it shall vest in the Government for thc
period of the requisition and the-Govemmcnt may use or deal with it in such manner as may appear to it to be cxpcdient. Release irom 4. ( I ) The competent authority may, at any, time, release from requisitioned. requisj tion any property requisitioned under scction 3 and shall, as far as
possible , restore the property in as good a condition as it was when
possession thereof was taken, subject only to dcterioration caused by
reasonable wear and tear.
(2) Where any properly is to be released from requisition, the cornpetcn t authority may, after such enquiry, if any, as it may in any case consider necesary to make or cause to be made, specify by an order in
wli ting the person to whom possession of the property shall be given and
such possession shall, as far as practicable, be Fven to the person from whom possession was taken at the time of the requisition or to the successor-in-interest of such person.
(3) The delivery of possession of the requisitioned properry to
h e person specified in the order madc under sub-section (2) shall absolve
the Government fully from all liabilities i n respect of such propefly :
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I975 : Haryana Act 91 REQUISL~ON~NG AND ACQUISITION OF 439
MOVABLE PROPERTY
Provided rhat nothing in this section shall prejudice any right in
respect of the property which any other person may be inti tied to under law to enforce against the person to whom the possession of the property
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(4) Where the person to whom the possession of any
requisitioned propcriy is to be given cannot be found, the competent
authority shall cause a notice to be published in the Official Gazette of the State, declaring that the properry is released from requisition and the same may be claimed by such person within a period of sixty days from
the date of publication of the notice.
(5) When a notice rcferred to in sub-sec~ion (4) is published in the official Gazette and the person referred LO in the said sub-section
does not claim the property specified in such notice within the pc~iod
specifjed therein, the same may be sold by pubIic auction in the manncr prescribed under the orders of the competent authority.
(6) ' The co~npeten t authority shalI, within a period of one year from the dare oi sale, pay, after deducting the expenses of such sale, thc -1 proceeds of the same ro the pcrson who appears to him to be entitled thereto and after such payment no suit Lo legal proceedings to rccover such sum or any part thereof shall be brought or instituted against the competent authoriti or the Government by any person claiming to be entitled thereto :
Provided that nothing herein conkained shall affect thc liability of any to whom any such sum has been paid by the competent authority under this sub-section to pay ihe same to the person lawhlly entitled thereto.
5. ( 1 ) Where any property is subject to requsilion, the compctcnt Power to
authority may, if it is of opinion that i t js necessary to acquire he property acquire
for any of the purposes referred to in scction 3, at any time acquire such requisitioned property by publishing in the Official Gazctte of the State a notice to the property. eff'ec t that theGovernrnent has decided to acquire the property in pursuance
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A of this section :
Provided Lhat before issuing such notice. the competent auhority shall call upon the owner of, or any person who; in the opinion of the
competent authority, may be interested in, such property to show cause as to why the property should not he acquired ; and after considering the
cause, if any, shown by such person, the cornpeten( authority may passs
such orders as i t deems fit.
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440 REQuISITIOWNG A N D ACQUISlTlON OF 11975 : Haryana Act 9
MOVABLE PROPERTY
(2) Where a notice refemed to in sub-section ( 1 ) is published in the OfficiaLGazette, the requisitioned property shall, on and from the
beginning of the day on which the notice is so published, vest absolutely in the Government free from all encumbrances and the period of requisition of such property shall end.
Payment of 6. The amount payable in respect of requisi tioned movable property amount for including vehicles and vessels, shall be the sum total of the following rcquisitioncd i :-
property.
(i) interest on the cost at which the owner had purchased thc property calculated in a manner and a1 a rate, no1 bcing beIow three per cent or above six per cent, per
annum, that may be prescribed :
Provided [hat where Ihe property has been obtained by the
owner as a gift or ils cost cannot be established by him to the satisfaction or the competent authority or its cost
exceeds the current replacement price of the property,
the current price of the same property or property
which, in the opiiiiok of [he competent authority, is - substantially similar to it, shall be taken to be its cost ;
( i i ) an amount representing depreciation of the property
during the period of its requisition calculated at a rate
not exceeding thdy per cent per annum andin a manner that may be specified by the Government by a general or special order for any class of property; ( i i i ) an amount for the loss of the use of the property or any
of profits [hat might have been earned but for the requisition, at such percentage, not bcing less than three per annum, as may be prescribed, of the cost referred to in item (i) above as reduced by depreciation calcdated
at the same rate as for item (ii) above in such manner
and for such pcriod as may be so prescribed ;
(iv) any further amoun t that the Government may by general
or special order spccify :
Provided that i n 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 i terns ( i i i ) and (iv) above shall be payable
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1975 : Haryana Act 91 REQUJSlTlONlNG A N D ACQUlSITION OF 44 1
MOVABLE PROPERTY
to the hirer and the balance representing items ( i ) and (ii) above shalt be
made over to the financier till he receives the full consideration and this provision shali over-ride any terns to the contrary in the hire-purchase
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I' . agreement :
Provided further that if during the period of requisition the property is damaged otherwise lhan by normal wear and tear or losr at a time when ir is not insured, there shall be paid to the owner an additionaI amount equal to the cost of making good the damage or, in the case of a
total l'oss, an amount that would have been payable if the property bad been acquired on the date of the loss. Such' amount shall be determined in the manner set out in section 7:
Provided funher that the owner of the property or any other person interested therein may, within a period of thirty days from the
date of communication of the order of the competent authority, prefer an appeal to the High Coud. The High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient causc from filing the appeal in
L time.
7. The amounnt payablc in respect of the movable property Pamenl or acquired shdl be thc controlled price of he property, that is to say, the' amount for price fixed by an ordcr under any law for the time bearing in force : "CquiSitiO"
P'oPerty-
Provided that, in respect of the property the price of which is
not controlled or which i s not new, the amount shall not exceed a sum
equal to thc price which could have been paid for its replacement on the date of the acquisition, rcduced by a sum equal to the depreciation of the
properiy, calculated in the manner and at a rate noL exceeding thirty per cent per annurn as may be prescribed. In arriving at the price which
would have been paid for thc reblacement of the property, no account shall be taken of any appreciation in thc value-thereof, aher the date of
requisition:
Provided further that the owner of the property or any other 4 " person interested therein may, within a period of r hir ty days from the date of commuiLication of the order of the cornpeten t authority, prefer an appeal
to the High Court. The f i g h Court may entertain the appea t after the
expiry of the said periodof thirty days, if i t is satisfied that the nppellant was prevented by sufocient cause from filing the appeal in time:
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Payment of amount. Power to obtain
information and give directions. Powcr lo give effect to orders.
442 REQUlSlTfONTNG A ~ W ACQUISITION OF [I975 : Haryana Act 9
MOVABLE PROPERTY
Provided further that where an agreement has been reached between the competeit authon iy and the owner of the or anx other person interested rhcrcin, the arnoun t agreed to shall, irrespechve 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 acquiring propeny shall be paid to the person or persons
enti tied thereto within such period, at such intervals and in such manner,
as may be prescribed :
Provided that where the payment of thc amount is delaycd beyond the period so prescribed, inrerest shall be payable on the amount or part of the amount in arrear ar such rate not. being below three percent or above s ix per cent per annum and with effect from such date or dates as
the Government may specify by a genera1 on special order :
Provided further that nothing herein contained shall effec~ thc liability of any pcrson who may have received whole or any p a t of any
amount paid under this Act, to pay the same to h e person lawfully entitled thereto. , . .
9. The Government or thc competeni authority may, with a view
to carrying out the purposes of this Act, by order- (Q') require any person to furnish such officer, as may be specified in the order, such information in his possession
as may be specified therein relating to any property, which is rcquisirioned or acquired, or intended tn he
requisitioned or acquired,'under this Act ;
(b) direct that the owner or person in possession of the
property shall not wj thout permission dispose it of till the expiry of such period as ma; be specified in the order.
10. The Government or the competent authority may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of the Governmenr or the competent authority, be reasonably necessary for securing compliance with any order made by i t under this
Act.
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1975 : Baryana Act 91 REQUlSlTlONlNG A N D ACQUISITION OF 443
AIOVADLE PROPERTY
11. (1) Any person aggrieved by art order made by the cornpeten t Appeal.
authority under section 3, or section 4, or section 5 , may, wirhin a period.
. of thirty days from the date of service of the order, prefer an appeal to the Government :
Provided that the Government may entertain the appeal after h e expiry of the sad period of thirty days, if i t is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
( 2 ) - On receipt of an appcal under sub-section (11, the
Govemment may, afier calling for a report from the competent authority and giving an opportunity to the pmies of being heard and after making such further enquiry, if any, as may be necessary, pass such ordcrs, as it
rhinks fit and the orclcr of the Government shall be final.
12. The competent authori~y or the Government, while holding an Competent enquiry, shall have all the powers of a civjl court while trying a suit under au~ority
the Code of Civil Procedure, 1908 (Cen~ral Act 5 of 19081, in respcct of Govemmen t lo have ccflain
1 . the following marters, namely :- powcrs of civil
(a) summoning and enforcing the attendance of any person court. and examining him on oath ;
(b) requiring thediscoverj, andproduction of any document
(c) recep~ion~of evidence on affidavits ;
(dl requisitioning any public record from any court or office
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(el issuing commissions for examination of witnesses.
13. The Govemmcnt may, by notification, direct that the powers' Delegation of exercisable by i t under this Act shall, in such circumstances and under powers. such conditions, if any, as may'be specificd in the notification, be exercisable also by an ofricer subordinate to that Governemnt.
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A 14. (1 ) NO suit, prosecution or other legal proceedings shall lie Proteclion of against any person for anything done or intended lo be done in pursuance action taken in good faith.
of this Act or any rule or order made thereunder.
(2) No suit or other legal proceedings shall lie against the
Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be
done i n pursuance of this Act or any rule or order made thereunder.
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