The rajasthan requisitioning of goods vehicles act, 1969

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THE RAJASTHAN REQUISITIONING OF GOODS VEHICLES ACT, 1969 
 (Act No. 18 of 1969) 
An 
Act 
to provide for requisitioning of goods vehicles for purposes of relief in areas affected 
with 1[scarcity, famine, flood, earthquake or any natural calamity]. 
Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic 
of India as follows:- 
1. Short title, extent and commencement. - (1) This Act may be called the 
Rajasthan Requisitioning of Goods Vehicles Act, 1969. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force at once. 
2. Interpretation.- In this Act unless there is anything contrary in the subject or 
context:- 
(a) "Affected area" means any area affected with famine or scarcity in respect of 
which a declaration  has been made under section 3 of the Rajasthan Affected 
Areas (Suspension of Proceedings) Act, 1952 (Rajasthan Act 21 of 1952) and is 
subsisting 2[or with flood or earthquake or any natural calamity]; 
(b) "Essential Commodity" has the same meaning as in clause (a) of section 2 of the 
Essential Commodities Act, 1955 (Central Act 10 of 1955); 
(c) "Good vehicle" has the same meaning as in clause (8) of section 2 of the Motor 
Vehicles Act, 1939 (Central Act 4 of 1939); 
(d) "Government" means the Government of the State of Rajasthan. 
3. Requisitioning of goods vehicles for purposes of transport of  3[essential 
commodities and drinking water, other goods, animals and persons]. - (1) If it appears to 
the Government that any goods vehicle in any part of Rajasthan is ne eded or is likely to be 
needed for the purposes of transport of any 3[essential commodities, drinking water, any other 
goods, animals or persons,]  to, from or within the affected areas the Government may, by 
order in writing, requisition any such vehicle a nd may make such further orders as may 
appear to it to be necessary or expedient in connection with the requisitioning. 
                                                           
1 Substituted by Rajasthan Act No. 7 of 1981. 
2 Inserted by ibid. 
3 Substituted by ibid. 
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(2) The requisition under sub -section (1) shall be affected by an order in writing 
addressed to the person deemed by the Government to b e the owner or person in possession 
of the goods vehicle and such order shall be served in the manner provided in sub -section (3) 
on the person to whom it is addressed. 
(3) An order of requisition under sub-section (1) shall be served- 
(a) where the person  to whom such order is addressed is a corporation or firm, in the 
manner provided for the service of summons in rule 2 of order XXIX or rule 3 of 
Order XXX, as the case may be, in the First Schedule to the Code of Civil 
Procedure, 1908 (Central Act V of 1908); and 
(b) Where the person to whom such order is addressed is an individual- 
(i) personally by delivering or tendering the order, or 
(ii) by registered post, or 
(iii) if the person cannot be found, by leaving an authentic copy of the order with 
any adult member of his family or by affixing such copy to some conspicuous part 
of the premises in which he is known to have last resided or carried on business or 
personally worked for gain. 
4. Accessories not to be removed. - No owner of any goods vehicle or an y 
person in possession of it shall after service of an order under section 3, remove or allow to 
be removed any part, tyre, tube or any other accessory from the vehicle so as to hamper the 
use of such vehicle. 
5. Duration of requisition. - Whenever, any vehicl e is requisitioned under sub -
section (1) of section 3, the period of such requisitioning shall not extend beyond the period 
for which such vehicle is required for any of the purposes mentioned in that sub-section. 
6. Payment of compensation. - Whenever in purs uance of section 3, the 
Government requisitions any goods vehicle, there shall be paid to the owner thereof 
compensation the amount of which shall be determined by the Government on the basis of 
the rates prevailing in the locality for the hire of such vehicle: 
Provided that the owner of such vehicle, if aggrieved by the amount of compensation 
so determined, may, within fourteen days from the date of determination of the amount of 
such compensation or where the amount of such compensation has been determine d in the 
absence of the owner, within fourteen days from the date on which intimation of such 
determination is sent to the owner, make an application to the Government for referring the 
matter to an arbitrator, and in the case the amount of compensation to be paid shall be such as 
the arbitrator appointed in this behalf by the Government may determine: 
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Provided further that where immediately before the requisitioning, such vehicle was 
by virtue of a hire -purchase agreement in the possession of the person ot her than the owner, 
the amount determined under this sub -section as the total compensation payable in respect of 
the requisition shall be appointed between that person and the owner in such manner as they 
may agree upon, and in default of agreement in such  manner as the arbitrator appointed by 
the Government in this behalf may decide. 
7. Power to obtain information. - The Government may with a view to 
requisitioning any goods vehicle or determining the compensation payable under section 6, 
by order, require any person to furnish to such authority as may be specified in the order such 
information in his possession relating to such vehicle as may be so specified. 
8. Powers of entry into and inspection of premises and seizure of vehicle. - 
Any person authorised in this  behalf by the Government may enter into any premises and 
inspect any vehicle therein for the purpose of determining whether and if so in what manner 
an order under section 3 should be made in relation to such vehicle or with a view to securing 
compliance with any order made under that section, and may seize any vehicle requisitioned 
under section 3 from any person who may for the time being be in possession thereof. 
9. Delegation of functions of the Government with regard to requisitioning. - 
The Government may, by notification in the Official Gazette direct that any powers conferred 
or any duty imposed on the Government by any of the provisions of this Act shall, under such 
conditions, if any, as may be specified in the direction, be exercised or discharged by  such 
officer or class of officers as may be so specified. 
10. Penalties.- If any person contravenes any order made, under section 3 or 
section 7 or contravenes any provision of section 4 he shall be punishable with imprisonment 
for a term which may extend to one year, or with fine, or with both. 
11. Power to arrest without Warrant. - Any Police Officer of or above the rank 
of a Sub -Inspector may arrest without warrant any person who is reasonably suspected of 
having committed an offence punishable under this Act. 
12. Offences by companies. - If the person contravening an order made under 
section 3 or section 7 or provision of section 4 is a company, every person who. at the time 
the contravention was committed, was in charge of and was responsible to, the company for 
the conduct of the business of the company as well as the company, shall be deemed to be 
guilty of the contravention and shall be liable to be proceeded against and punished 
accordingly: 
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Provided that nothing contained in this sub-section shall render any such person liable 
to any punishment under this Act if he proves that the contravention took place without his 
knowledge or that he exercised all due diligence to prevent such contravention. 
(2) Notwithstanding anything contained in sub -section (1), where an offence under 
this Act has been committed by a company and it is proved that the offence has been 
committed with the consent or connivance of, or is attributable to, any neglect on the part of, 
any director, manager, managing agent, secretary, treasurer or  other officer of the company, 
such director, manager, managing agent, secretary, treasurer or other officer shall also be 
deemed to be guilty of that offence and shall be liable to be proceeded against and punished 
accordingly. 
Explanation - For the purpose of this section,- 
(a) "company" means any body corporate, and includes a firm or other association of 
individuals; and 
(b) "director" in relation to a firm means a partner in the firm. 
13. Protection of action taken in good faith - (1) No suit, prosecution or other 
legal proceeding 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, prosecution or other legal proceedings shall be against the Governmen t 
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 thereunder. 
 
1[13A. Exemption - Notwithstanding anything contained in the Motor Vehicle Act, 
1939 (Central Act 4 of 1939) or the rules made there under or in any law for the time being in 
force, it shall be lawful to use a goods vehicle requisitioned under section 3 for the purposes 
of transport of persons.] 
14. Bar to jurisdiction - No civil court shall have jurisdictio n in respect of any 
matter which the Government or arbitrator is empowered by or under this Act to determine 
and no injunction shall be granted by any court or other authority in respect of any action 
taken or to be taken in pursuance of any power conferred by or under this Act. 
15. Power to make Rules- (1) The Government may make Rules for carrying out 
the purposes of this Act. 
 
                                                           
1 Inserted by Rajasthan Act No. 7 of 1981. 
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(2) All rules made under this Act shall be laid, as soon as may be after they are so 
made, before the House of the State Legislature,  while it is in session, for a period of not less 
than fourteen days which may be comprised in one session or in two successive session and, 
if, before the expiry of the session in which they are so laid or of the session immediately 
following, the House of the State Legislature makes any modification in any of such rules or 
resolves that any such rule should not be made, such 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 
modification or annulment shall be without prejudice to the validity of anything previously 
done thereunder. 
16. Repeal and Saving. - (1) The Rajasthan Requisitioning of Goods Vehicles 
Ordinance, 1969, (Rajasthan Ordinance 3 of 1969) 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. 
 
 

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