LexThe United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947
Uttar Pradesh · state statute
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THE UNITED PROVINCES REQUISITION OF
MOTOR VEHICLES (EMERGENCY POWERS)
ACT, 1947
(U.P. Act No. XXVII of 1947)
2
THE UNITED PROVINCES REQUISTION OF MOTOR VEHICLES
(EMERGENCY POWERS) ACT, 19471
[U. P. ACT No. XXVII of 1947]
Amended by
U. P. Act No. VI of 1950
U. P. Act No. XVII of 1958
U. P. Act No. 26 of 1970
Adopted and modified by the Adoptation of Laws Order, 1950
[Passed by the United Provinces Legislative Assembly on
November 7, 1947, and the United Provinces Legislative Council
on December 2, 1947. ]
[Received the assent of the Governor on December 22,
1947, under section 75 of the Government of India Act, 1935, as
adapted by the India (Provisional Constitution) Order, 1947 and
was 2 published in the United Provinces Government Gazette,
Extraordinary, dated December 22, 1947. ]
Preamble
An Act to provide for the requisition of Motor Vehicles
WHEREAS It is expedient to provide for the requisition of motor
vehicles ;
It is hereby enacted as follows ;
Short title,
extent and
commencement
1. (1) This Act may be called the United Provinces Requisition
of Motor Vehicles (Emergency Powers) Act, 1947 ;
(2) It extends to the whole of 3[Uttar Pradesh] ;
(3) 4[It shall be deemed to have come into force on the date it
was first published in the Official Gazette].
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1. For Statement of Objects and Reasons please see Gazette Extraordinary, dated Sep. 15, 1947, p. 1 ; for
discussion, see L. A. Pro., dated Nov. 7, 1947, in Vol. XLIII, pp. 374 -380, dated March 15, 1948, in Vol.
XLVI, pp. 514 -515 and L. C. Pro., dated Nov. 10 and Dec. 2, 1947, in Vol. X, pp. 11 and 208 -220 and
dated March, 15, 1948, in Vol. XI, p. 20 respectively.
2. See Gaz. dated Aug. 28, 1948. Pt. VII -A, pp. 63 -64 for English version and Gaz. Extra., dated Dec. 22,
1947, for Hindi version.
3. Subs. by the A. O. 1950 for [United Provinces].
4. Subs. by S. 2 of U. P. Act VI of 1950 for sub-s. (3) which ran as follows :—
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Act or order Notification, if Date from which
Areas Under which any, under which enforced
Extended enforced
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1 2 3 4
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1. Rampur Rampur (Application
District of Laws) Act, 1950 . . Dec. 30, 1949
2. Banaras Banaras (Application No. 3262 (1) July 1, 1950
District Laws) Order, 1949 dated Nov. 30,
1949
3. Tehri- Tehri-Gharwal (Application No. 3262 (2), Ditto.
Garhwal of Laws) dated Nov. 30,
District Order, 1949 1949.
* For the removal of doubts it is hereby declared that notwithstanding anything contained in sub-section (3)
of Section 1 of the Principal Act as it existed immediately before the commencement of this Act, all orders
made action or proceedings taken, directions issued or jurisdiction exercised by any au thority under or in
accordance to the provision of the Principal Act during the period from December 22, 1947, up to the
commencement of this Act shall be deemed to be as good and valid in law as if such orders actions
proceedings, directions and jurisdictions had been duly taken or issued or exercised under the said Act as
amended by this Act.”
[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]
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2. In this Act, unless there is anything repugnant in the subject
or context,—
(a) “Motor Vehicle” means any mechanically propelled vehicle
adapted for use upon roads whether the power or propulsion is
transmitted thereto from an external or internal source.
Definitions
(b) “Owner” includes where the person in possession of the
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
the person in possession of the vehicle under that agreement ;
(c) “Prescribed” means prescribed by the rules made under this
Act ;
(d) 1 [State Government] mean the Government of 1[Uttar
Pradesh].
2[ 3. (1) If in the opinion of the State Government it is necessary
or e xpedient to do so for securing the defence of India and civil
defence, the public safety, the efficient conduct of military operations
or the maintenance of services and supplies essential to the life of the
community, it may, by order in writing, requisit ion any motor vehicle
and may make such further order as appear to it to be necessary
expedient in connection with the requisition.
Requisitioning
of motor
vehicles
(2) The requisition shall be effected by an order in writing
addressed to the person deem ed by the State Government to be the
owner or to any person in possession or control of the motor vehicle,
and such order shall be served in the prescribed manner on the person
to whom it is addressed.
(3) If the person on whom an order is served under sub-section
(2) fails or omits to place the motor vehicle in possession of the
authority mentioned therein, such authority may seize the motor
vehicle from any person who may for the time being be in possession
thereof.
(4) Where the State Government ha s requisitioned any vehicle
under this section it shall vest in the State Government for the period
of the requisition and the State Government or the authority specified
in that behalf may use of deal with it in such manner as may appear to
it to be expedient. ]
3[ 4. (1) Whenever and motor vehicle is requisitioned under
Section 3, there shall be paid to the owner thereof compensation the
amount of which shall be determined by the District Magistrate on the
basis of the rate prevailing in the locality fo r the hire of such vehicle
after taking into account the provisions of Section 4-A :
Compensation
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1. Subs. by the A. O. 1950 for [United Provinces].
2. Subs. by sec. 2 of U. P. Act No. 26 of 1970.
3. Subs. by sec. 3 of U. P. Act No. 26 of 1970.
[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]
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Provided that where the owner of such vehicle being aggrieved
by the amount of compensation so determined makes an application
within the prescribed time to the District Magistrate for referring the
matter to an arbitrator, the amount of compensation to be paid shall
be such as the arbitrator appointed in this behalf by the State
Government may determine ;
Provided further that where immediately before the
requisitioning the vehicle was the subject of a hire -purchase
agreement, the amount determined under this sub -section as the total
compensation payable in respect of the requisition shall be
apportioned between the hirer and the financier in such manner a s
they may agree upon, and in default of agreement, in such manner as
an arbitrator appointed in this behalf by the State Government may
decide.
(2) The arbitrator shall be a person who is qualified for
appointment as a Judge of a High Court.
(3) The aw ard of the arbitrator under sub -section (1) shall be
final.
(4) All other matters relating to arbitration under this section
shall be governed by rules made under this Act, and except as
provided in such rules, nothing in the Arbitration Act, 1940, shall
apply to it. ]
Charges on
account of
fuel,
lubricant,
etc.
1[ 4 -A. Where a vehicle has been requisitioned under Section
3—
(1) the charges on account of —
(a) the road tax arising out of the use of the vehicle on account
of such temporary requisition ;
(b) fuel and lubricant required for the propulsion of such
vehicle ; and
(c) repairs of the damage caused to the vehicle in the event of
an accident during the period of requisition in a case where the vehicle
in not covered by a comprehensive insuran ce policy, shall be paid for
by the State Government ; and
(2) the charges on account of —
(a) pay of the driver and a cleaner or a conductor, and
(b) the usual repairs for the purposes of obtaining the
certificate of fitness for keeping the vehicle road worthy,
shall be paid for by the owner of the vehicle :
Provided that no charges for a driver or a cleaner shall be paid
as aforesaid in the case of a motor cycle ;
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1. Added. by U. P. Act No. XVII of 1958.
[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]
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Provided further that where the owner of a vehicle refuses or
fails to pay the charg es as aforesaid the 1[State Government] may
deduct them from the amount of compensation payable to the owner
under Section 4. ]
5. The 1[State Government] may, with a view to requisitioning
any motor vehicle under section 3 or determining the compensatio n
payable under section 4, by order —
(a) require any person to furnish to such authority as may be
specified in the order such information in his possession relating to the
motor vehicle as may be specified ;
Orders to
furnish
information
and not to
remove the
motor
vehicle
(b) direct that the owner or the person in possession of the
motor vehicle shall not without the permission of the 1[State
Government] dispose of it or remove it till the expiry of such period as
may be specified in the order from the premises in which it is kept.
6. Any person authorized in this behalf by the 1[State
Government] ay enter any premises and inspect any motor vehicle for
the purpose of determining whether such motor vehicle plying for hire
should be requisitioned.
Entry and
inspection
7. No owner of any motor vehicle or any person, in possession
thereof shall, after service of the order under section 3 remove any
part, tyre, tube or any other accessory or in any way injure the motor
vehicle so as to reduce the usefulness of such vehicle.
Preventing
removal of
parts, etc
8. The 1[State Government] may require any person or persons
owning or having in his possession or under his control, any motor
vehicle, or class of motor vehicles to comply with such directions as it
may give in writing.
Compliance
of
directions
9. The 1[State Government] may by order direct that any
2 powers or duty which is conferred or imposed on the 1[State
Government] shall in such circumstances and under such conditions,
if any, as may be specifi ed in that direction, be exercised or discharged
by any officer or authority subordinate to it.
Delegation
of powers
10. (1) No suit, prosecution or other legal proceeding shall lie
against any person for anything in good faith done or intended to be
done in pursuance of this Act, or any rules made thereunder or any
order issued under any such rule.
Protection
(2) No suit or other legal proceeding shall lie against the [] for
any damage caused or likely to be caused by anything in good faith
done or inte nded to be done in pursuance of this Act or any rules
made thereunder or any order issued under any such rules.
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1. Subs. by the A. O. 1950 for [United Provinces].
2. For delegation of power, see Noti. No. B -373/XXV-C—X, dated Feb. 4, 1948, Extra., Gazette, dated Feb. 5,
1948.
[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]
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Saving 11. (1) No order made in exercise of any power conferred by or
under this Act shall be called in question in any rules.
(2) Where a ny order purports to have been made or signed by
any authority in exercise of any power conferred by or under this Act it
shall within the meaning of the Indian Evidence Act, 1872, be
presumed that such order was so made by that authority.
Penalty 12. If any person contravenes any order made under this Act
he shall be punishable with imprisonment for a term which may
extend to six months or fine not exceeding one thousand rupees or
with both.
Power to
arrest
13. Any police officer not below 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.
Continuance
of orders,
U. P.
Ordinance
No. VIII of
1947
14. Any order made under the United Provinces Requisit ion of
Motor Vehicles (Emergency Powers) Ordinance, 1947, and in force
immediately before the commencement of this Act shall continue in
force and be deemed to be an order made under this Act, and all
directions issued under any such order and in force imm ediately
before its commencement shall likewise continue in force and deemed
to be issued in pursuance of this Act.
Rule making
power
15. The 1[State Government] may make rules to give effect to
the purposes of this Act.
2[ X X X X ]
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1. Subs. by the A. O. 1950 for [United Provinces].
2. Schedule omitted by sec. 4 of of U. P. Act No. 26 of 1970.