_ il 1947 : East Pb. Act XV ] MOVEABLE PROPERTY 137
REQUISITIONING
THE EAST PUNJAB MOVEABLE PRO
(REQUISITIONING) ACT, 1947.PERTY
TABLE OF CONTENTS
Sections. i . Short title, extent and commencement. Requisitioning of moveable property. Power to acquire requisitioned property. Payment of compensation.
Release from requisition.
Power to obtain information, and to give directions. Power to give cffect to orders.
Declegation of functions.
Offences and penalty.
Protection of action under this Act. Repeal.
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1947 : East Pb. Act XV.] moveABLE ProPERTY 139
(REQUISITIONING)
'THE EAST PUNJAB MOVEABL (REQUISITIONING) ACT, E1':9417'.R SEERTY EAsT Puniap Act XV OF 1947,
[Received the assent of His Excel
General of Inci,on ihe 121h December, 1547, and s i pub ished in the East Punjab Governn (Ext:aordinary ), dated the 13th Decembeifligl:'?]t. Gazette
Year No. Short title 'Whether repealed or otherwise affected
by legislation
1947 | XV The East Punjab |Amended in part by the Adaptation
Maveqb'lt_a Property of Laws Order, 1950.
| (Requisitioning) Act, Amended by the Punjab Reorganisa-
1947 tion (Chandigarh) (Adaptation of Laws
| on State and Concurrent Subjects)
| Order, 1968.
An Act to provide for the requisitioning and acquisition
of moveable property.
It is hereby enacted as follows:—
1. (/) This Act may be called the East Punjab short tite, extent
Moveable Property (Requisitioning) Act, 1947. e
2) It-extends to the whole of the #[Union Territory
of Chandigarh].
(3) Tt shall come into force at once.
t (3
1For Statement of Objects and Reasons, se€ Ea'StP"m;?S g:zemm]y S:::gaz];'s'
(Extraordinary), 1947, pages 51-52 ; for proce dings in the 1759-80 4 Punjab Legislative Assembly Debates, Volume 1,
1947, pages g .
Ppun jab Reorganisation
«State of Punjab" by thet 'Subjects) Order, 1968, - . Substituted for the words State and Concurren! (Chandigarh) (Adaptation of Laws on
2
140 MOVEABLE PROPERTY (1947 Bast Pb. pq Xy
(REQUISITIONING)
Requisitioning no(' 2. (1) The 1[Ccntl;illsoGtOoVSlg:mril;'t;vb)l(forgef?;mlv(vi moveable poperty. necessary Of cxpe((i)l'cltglble property and may make requisition any m xpedient i
o
fu?ther orders as may be necessary or expedient in
Conpeg,
tion with the requisit
ioning :
d for the pur i hat no property Uuse Purpose of
religilf)rlloswdv:grs]tnip and no aircraft or anything formy; part of an aircraft or connected with the operation, Tepair or maintenance of aircraft, shall be requisitioned.
t] makes 2) Where the 1[Central Governmen kes ap
ordel(- l)mder sub-section (/), it may use or deal with tp property in such manner as may appear toit to be ex.
pedient.
Power to acquire 3. () The '[Central Government] may at any time ac- masisioned quire any moveable property requisitioned by it under section 2 by serving on the owner thereof, or, where the owner is not readily traceable or the ownership is in dis- pute, by publishing in the Official Gazette, a notice stating that the said authority has decided to acquire to it in pursuance of this section.
(2) Where a notice of acquisition is served on the owner of the property or published in the Official Gazette under sub-section () then at the beginning of the day on which the notice is so served or published the property shall vest in the [Central Government] free from ail encum- brances and the period of requisition thereof shall end. Payment of com. 4. The owner of any moveable property requisition- pensation. ed oracquired under this Act shall be paid such compen- sation as the ![Central Government] may determine. R e tion ™™ 5. (1) Where any property requisitioned under section 2 s to be released from requisition, the Y[Central Government] may after making such inquiry , if any, as it considers necessary, specify by order in writing the person to whom possession of the property shall be given.
(2) The _delivery of possession of the pro erty _to the person specified in'an order made underp sug-section ()] *Substituted for the words "State Go» : jsation : R v " b Reorgank ( Chandigarh) (Adaptation of Laws on State ani'.lnz:n;:':;'un':i:h ;:z};l;gas) Order, 1568,
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V
[1947 . East Pb. Act XV.] MOVEABLE PROPERTY 141
(REQUISITIONING)
a full discharge of the Government from a Ii ja- Shlagt;'; respect of such delivery, but shall not prejudi pill sights in respect of the property which frfsjg(tlt'g any b ntitled y due (s] Of
1S may e € b process
f aw enforce ) 1 to enf
PC inst the pel'SOn to Whom possession of the ptopelty is 50 gelivered.
(3) Where the person to whom poss essi
p,-operty is to be given cannot be found 1?md }sfial;) go(tfi;g?n{
™ other person empowered to acce pt delivery on his
pehalf, the Government shall cause a notice declarin g that
the property is released from
requisitioni ;
ed pin the Official Gazette
. Auititioning 15 be publisl =
(4) When a notice referred to under sub-secti s published in the Official Gazette, the property gggélifi(gc} in the notice shall cease to be subject to
requisition on and
from the date_of such publication and shal
l be deemed to
have been delivered to the person entitled to t he posses-
sion thereof, and the Government shall
not be liable for
any compensation or other claim in respec
t of the property
for any period after the said date.
6. The 1[Central Government] m ay, with a view to
requisitioning or acquiring any property under section or 3 or determining the a mount of compensation
payable under section 4, by o rder—
(a) Tequire any person t o furnish to such autho- rity as may be specified in the order such information in his posses sion relating to the property as may be specifi ed;
(b) direct that the owne r Ot person in possessio n
shall not without per mission dispose of the property till the expir y of such period as may
be specified in the or der.
7. 'The '[Central Gove rnment] may take of cause to bé
taken such steps and use or cause to be usedsuc h force as
may in the opinion of that Government be reasonablly
necessary for securing c ompliance with any orde r made by
it under this Act.
8. The [Central Gov ernment] may by order n otified
n the Official ([}azette, direct thatany POWer conferred or
" jab Reorganisation ISubstitut wState Go vernment" by e Punjd 1968
.
(chafldlgam)l '(lAega fpot; gfn:
'r"f:ws b State and 'Conc urrent sth@) Order,
ower to obtain
informations, . and
2 to give directions.
Power to give
effect to orders.
Delegation
functions.
of
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142 MOVEABLE PROPERTY [
1947 : East Pb, At Xy 1
(REQUISITIONING)
it by this Act shall in such (; oni co)rl1ditions, if any, as may p, 1;;1; X d or discharged by Su?;l};
any duty impogcd .
stances and under su ;
fied in th: direction be c?(f?;glse officer as may be so specilicd. Offences and pen- 9. Whoever—
alty.
Government] obstructs the [Central | ent] or ap @ person authorized by it in the discharge the functions under sub-section (2) of sectiop 2 or section 7 ; or
(b) fails to furnish -any 'information required by order under clause (a) of section 6 or furnishes any information which is false or which he either knows or has reasonable cause to believe to be false or does not believe to bz trus ; or
(c) contravenes any direction given under clause
(b) of section 6 ; shall on conviction for such offence by a competent Court be punishable with imprisonment for a term which may extend to one year or with fine or with both. Protection of action |+ 10. (/) No suit, prosecution or other legal proceed- under the Act. ing shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act, or any order made thereunder.
" (2) No suit or other legal proceeding shall lie against the *[Central Government] for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act, or any order made there- under, and no proceeding taken or order made under this Act, shall be called in question by any court. Repeal of ordi. ~ 11. The East Punjab Moveable Property (Requisi- "ance. tioning) Ordinance, 1947, s hereby repealed.
ISubstituted for the words * State Government" by jab Reorganisation (Chandigarh) (Adaptation of Laws on State and cuncul;}r,etnhtesl;%?gits) Order, 16€8.
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