The Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

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1987 : Guj . 10 ] Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Gujarat Act No. 10 of 1987

The Gujarat Motor Vehicles (Requisitioning
and Control) Act, 1987

( As modified upto the 31st October, 2012)

[ 1987 : Guj . 10 Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

The Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

CONTENTS

PREAMBLE

SECTIONS :

1. Short title, extent and Commencement.

2. Definitions.

3. Declaration by State Government.

4. Requisitioning of motor vehicles.

5. Release from requisitioning.

6. Principles of compensation for requisitioning.

7. Payment of compensation.

8. Power to require information, etc.

9. Penalty for contravention of any order regarding requisitioning.

10. Control of motor vehicles.

11. Service of orders and notices.

12. Delegation of powers and duties of State Government.

13. Protection of action taken under Act.

14. Power to make rules.

15. Repeal and savings.

1987 : Guj . 10 ] Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

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GUJARAT ACT NO. 10 OF 19871 

[ THE GUJARAT MOTOR VEHICLES ( REQUISITIONING
AND CONTROL) ACT, 1987.]
[10th March, 1987]

An Act to provide for the requisitioning and control of motor vehicles in
certain emergent circumstances.

It is hereby enacted in the Thirty -eighth Year of the Republ ic of India as
follows :-

1. (1) This Act may be called the Gujarat Motor Vehicles (Requisi tioning
and Control) Act, 1987.

(2) It extends to the whole of the State of Gujarat.

(3) This section shall be deemed to have come into force on the 8th
December, 1986 and the remaining provisions of this Act shall come into
force on such date as the State Government may, by notification in the
Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,-

(a) "motor vehicle" has the same meaning as assigned to that ex pression
under clause (18) of section 2 of the Motor Vehicles Act, 1939 ;

(b) "owner" includes, where the person in possession of a motor vehicle is a
minor the guardian of such minor, and in relation to a motor vehicle which is
the subject of a hire purchase agreement or, as the case may be, of
hypothecation, the person in possession of the vehicle under such agreement
or hypothecation ;

3. If the State Government is satisfied that a situation has arisen in which it is
necessary or expedient to secure,-

(i) the public safety ;

(ii) the maintenance of public order or of the services and supplies -essential
to the life of community ; or

(iii) the relief of distress caused by serious drought, flood, fire or other natural
calamity,

the State Government may, by notification in the Official Gazette,
make a declaration to that effect and such declaration shall continue to be in
force till it is rescinded.

4. (1) Where a declaration made under section 3 is in force, the State
Government may, by order in writing, requisition any motor vehicle and may
make such further orders as appear to it to be necessary or expedient in
connection with the requisitioning :

Provided that no motor vehicle which is engaged in the transport or
distribution of any essential commodity in pursuance of any order issued by
the Central Government under the Essential Commodities Act, 1955, shall be
requisitioned under this sub-section.

(2) Where the State Government has requisitioned any motor vehicle under
sub-section (1), it shall vest in the State Government for the period of the
requisitioning and the State Government may use or deal with it in such
Short title, extent
and commence-
ment.
Definitions.
IV of 1939.
Declaration by
State Government
Requisitioning
of motor vehicle.
10 of 1955
[ 1987 : Guj . 10 Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

manner as may appear to it to be expedient.

(3) Any person authorised by the State Government may at any reasonable
hour enter any building, land or other premises and inspect any motor vehicle
therein or thereon for the purpose of determining whether, and if so, in what
manner, any order under this section should be made in relation to such
vehicle, or with a view to securing compliance with any order made under
this section.

5. (1) The State Government may, at any time release from requisi tioning any
motor vehicle requisitioned under section 4 and shall, as far as possible,
restore the vehicle in as good a condition as it was when posse ssion thereof
was taken subject only to the changes caused by reasonable wear and tear.

(2) When any vehicle is to be released from requisitioning, the State Government
may after such inquiry, if any, as it may in any case consider necessary to make or
cause to be made, specify by order in writing to whom possession of the vehicle shall
be given.

(3) The delivery of possession of the requisitioned vehicle to the person specified in
the order made under s ub-section (2) shall be a full discharge of the State
Government from all liability in respect of such motor vehicle and the requisitioning
shall be at an end :

Provided that, nothing in this section shall prejudice any rights in respect of
the motor vehicle which any other person may be entitled to by due pro cess of law to
enforce against the person to whom the possession of the motor vehicle is so
delivered.

(4) Where the person to whom the possession of any requisitioned vehicle is to be
given cannot be found and has no legal agent or other person empo wered to accept
delivery on his behalf, the State Government shall cause a notice declaring that the
vehicle is released from requisitioning to be published in the Official Gazette.

(5) When such n otice is published in the Official Gazette, the vehicle specified
therein shall cease to be subject to requisitioning on and from the date of such
publication and be deemed to have been delivered to the person entitled to possession
thereof and the State G overnment shall not be liable for any compensation or other
claims in respect of the vehicle for any period after such date.

6. (1) The compensation payable in respect of requisitioning of any motor
vehicle shall be the sum total of the following items :-

(i) Interest on the cost at which the owner had purchased the vehicle
calculated in such manner and at such rate not being less than ten per
cent per annum or not more than thirteen per cent per annum as m ay
be prescribed for all or any class of motor vehicles and different rates
of interest may be prescribed having regard to the circumstances
whether the vehicle was purchased on hire purchase basis or by
obtaining loan from a bank or otherwise :

Provided that, where the vehicle had been obtained by the
owner as a gift or its cost cannot be established by him to the
satisfaction of the State Government or its cost exceeds the current
replacement price of the vehicle the current price of the vehicle or
vehicle which in the opinion of the State Government is substantially
similar to it shall be taken to be its cost

(ii) An amount representing depreciation of the vehicle during the
period of its requisitioning calculated at a rate not exceeding thirty
percent per annum and in a manner that may be prescribed for all or
any class of motor vehicles.

(iii) An amount for the loss of the use of the vehicle or of any profits
that might have been earned but for the requisitioning, at such
Release from
requisitioning.
Principles of
compensation for
requisitioning.
1987 : Guj . 10 ] Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

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percentage not being less than three percent. per annum, as may be
prescribed of the cost referred to in clause (i) as reduced by
depreciation calculated at the same rate as for clause (ii) in such
manner and for such period as may be so prescribed.

(iv) Any further amount that the State Government may, by general or
special order, specify :

Provided that, if during the period of requisitioning the
vehicle is damaged otherwise than by normal wear and tear, or lost at
a time when, it is not insured, there shall be paid to the owner
additional compensation of a sum equal to the cost of making good
the damage or, in the case of a total loss, a sun equal to the
compensation that may be payable if the vehicle is acquired on the
date of the loss, such compensation being determined in the pres-
cribed manner

(2) The amount of compensation to be determined in accordance with sub -
section (1) shall be determined within sixty days from the date of release of a
motor vehicle from requisitioning under sub-section (1) of section 5

(3) Where the owner is aggrieved by the amount of compensation determined
in accordance with sub -section (1) he may make an application within such
time and in such form and manner as may be prescribed to the State
Government for referring the matter to an arbitrator ap pointed in this behalf
by the State Government. Such arbitrator shall be a person who has been a
Judge of any Court of law in the State. The amount of compensation to be
paid shall be such as may be determined by the arbitrator in accordance with
sub-section(1)

(4) Where there is any dispute as to the right to receive the compen sation or
as to the apportionment of the amount of compensation, it shall be referred to
such arbitrator appointed m this behalf by the State Government for
determination and shall be determined in accordance with the decision of
such arbitrator

(5) Any person aggrieved by the decision of the arbitrator under sub section
(3) or (4) may make an appeal within such time and in such form and manner
as may be prescribed to the District Court having jurisdiction over the area in
which the motor vehicle was requisitioned

(6) The decision of the District Court in appeal and subject to such decision,
the decision of the arbitrator under sub section (3) or (4) shall be final.

7. The compensation determined under section 6 for requisitioning any motor vehicle
shall be paid within a period of thirty days from the date of determination and in such
manner as may be prescribed :

Provided that where requisitioning of a motor vehicle is likely to be continued
for a period not less than a month interim compensation of such adhoc amount as
may be prescribed, may be paid :

Provided further that, where payment of the compensation is delayed beyond
the period so prescribed, interest shall be payable on the amount or part of the amount
in arrear at such rate not being less than ten percent or more than thirteen percent per
annum as may be prescribed

8. The State Government may, with a view t o requisitioning any motor vehicle or
determining the compensation payable thereof or taking any other action in pursuance
of the foregoing provisions, by order in writing,-

(a) require any person to submit to it or such authority as may be specified in
the order, within such time or at such intervals, such information and
documents in his possession relating to the vehicle as may be specified
therein, being information and documents reasonably necessary for carrying
Payment of
compensation.
Power to require
in-formation,
etc.
[ 1987 : Guj . 10 Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

into effect the provisions aforesaid,

(b) direct that the owner or person m charge of the vehicle shall not, without
the permission of the State Government, dispose it of, or remove it from the
premises in which it is kept, or remove any tyres, tubes, accessories or parts
from the vehicle, till the expiry of such period as may be so specified

9. If any person contravenes any order made under section 4 or any order not being
an order made with a view to determining the compensation payable for
requisitioning any motor vehicle under section 8, he shall on conviction be punished
with imprisonment for a term which may extend to six months or with fine or with
both.

10. (1) Where a declaration mad e under section 3 is in force, the State
Government may, without prejudice to other provisions of this Act by general
or special order, in such area and for such period as may be specified in the
order,-

(a) regulate, restrict or give directions with resp ect to the use of any
motor vehicle for the purpose of road transport or the sale or purchase
of any such vehicle;

(b) require any person owning, or having in his possession or under
his control any motor vehicle (hereinafter in this section referred to a s
"the said person") to make to any person specified in this behalf a
return giving such particulars as may be specified in the order with
regard to such vehicle and require such return to be verified in such
manner as may be specified therein;

(c) require the said person to give notice in such manner as may be
specified in the order before disposing of the motor vehicle or
allowing it to pass out of his possession or control;

(d) require the said person, or any person employed in connection
with any moto r vehicle, to comply with any directions given by any
per son specified in, or duly authorised in pursuance of, the order and
such directions may require the said person or such employed persons
to use the vehicle for the conveyance of such persons or goods at such
time and by such routes as may be set forth in the directions;

(e) prescribe the conditions subject to which and the rates at which
any motor vehicle may be hired for the purpose of road transport and
persons or goods may be carried by road, an d the conditions subject
to which goods so carried or to be carried may be discharged or
loaded;

(f) provide for the giving of directions with respect to the carriage of
persons or goods on any particular motor vehicle or by any particular
route, or to any clearing house or depot ;

(g) provide for the regulation of the priority in which persons and
goods are to be carried by road and vehicles are to be used for the
purpose of road transport ;

(h) make such other provisions in relation to road transport as appear
to the State Government to be necessary or expedient.

(2) If any police officer not below the rank of sub -inspector of police or any
Gazetted Officer authorised by the State Government in this behalf has reason
to believe that any motor vehicle is or is kept in or upon any building, land or
other premises, or is being used by any person in contra vention of an order
made under sub-section (1), such officer may,-

(a) enter and search any such building, land or premises, as the case
may be, and se ize any motor vehicle found which he suspects to be
Penalty for
contravention of any
order regarding
requisitioning.
Control of motor
vehicles.
1987 : Guj . 10 ] Gujarat Motor Vehicles (Requisitioning and Control) Act, 1987

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therein or thereon in contravention of the order;

(b) stop such person and seize any motor vehicle which is being used
in contravention of the order.

(3) If any person contravenes any order made in purs uance of this section, he
shall on conviction be punished with imprisonment for a term which may
extend to six months, or fine, or with both.

11. Save as otherwise expressly provided in this Act, any order made or notice iss ued
under the provisions of this Act shall be deemed to have been served on the owner of
a motor vehicle if it is served on the person having possession or control of that
vehicle.

12. The State Government may, by notification in the Official Gazette, direct that any
powers conferred or any duty imposed on it by any of the provisions of this Act
(except the rower to make declaration under section 3 or the power to make rules
under section (1) shall, unde r such conditions, if any, as may be specified in the
direction be exercised or discharged also by the Collector within the territorial limits
of his jurisdiction.

13. (1) No suit, prosecution or other legal proceedin g shall lie against any person
for anything which is in good faith done or omitted to be done in pursuance of
this Act or any rules or orders made thereunder.

(2) No suit or other legal proceeding shall lie against the State Govern ment
for any damage cau sed or likely to be caused by anything in good faith done
or omitted to be done in pursuance of this Act or any rules or orders made
thereunder.

14. (1) The State Government may, by notification in the Official Gazette, make
rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any of the matters
expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section shall be subject to the
condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days
before the State Legis lature as soon as possible after they are made and shall
be subject to rescission by the State Legislature or such modifications as the
State Legislature may make during the session in which they are so laid or the
session immediately following.

(5) Any rescission or modifications so made by the State Legislature shall be
published in the Official Gazette and shall thereupon take effect.

15. (1) The Gujarat Motor Vehicles (Requisitioning and Control) Ordinance,
1986 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.

-----------------------------

1 For Statement of objects and Reasons, see Gujarat Government Gazette, Extraordi nary, Part-V
Dated the 30th January 1987, PP. 6-8 to 6-9.
 This Act was assented to by the President on the 2th March, 1987.
Service of orders
and notices.
Delegation of
powers and
duties of State
Government.
Protection of
action taken
under Act.
Power to make
rules.
Guj. Ord. 13 of
1986.
Repeal and
savings.

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