The West Bengal Requisitioning Of Vehicles Act, 1979

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXIV of 1979 
THE WEST BENGAL REQUISITIONING OF 
VEHICLES ACT, 1979. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 7th December, 1979.] 
[7th December, 1979.] 
An Act to provide for the requisition of vehicles for the purposes of 
maintaining supplies and services essential to the life of the community. 
WHEREAS it is expedient to provide for the requisition of vehicles for 
securing the maintenance of supplies and services essential to the life of 
the community; 
It is hereby enacted in the Thirtieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Requisitioning of 
Vehicles Act, 1979. 
(2) It extends to the whole of West Bengal. 
(3) It 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) "prescribed" means prescribed by rules made under this 
Act; 
(b) "vehicle" means any motor vehicle constructed or adapted 
for use for the carriage of goods or any motor vehicle used or 
adapted to be used for the carrige of passengers for hire or 
reward, and includes a motor cab, contract carriage and stage 
carriage. 
3. (1) If the State Government is of opinion that it is necessary so to 
do for maintaining supplies and services essential to the life of the 
community it may, by order in writing, requisition any vehicle for such 
period as may be mentioned therein, but not exceeding one year, and make 
such further orders as may appear to it to be necessary and expedient in 
connection with the requisitioning. 
Short title, 
extent and 
commence-
ment. 
Definitions. 
Requisition-
ing of 
vehicles for 
public 
purposes. 
279 
The West Bengal Requisitioning of Vehicles 
Act, 1979. 
[West Ben. Act 
(Sections 4-6.) 
Payment of 
compensa-
tion. 
Power to 
obtain 
information. 
Power of 
entry into 
and 
inspection of 
premises, etc. 
(2) An order of requisition under sub-section (1) shall be served on 
the person deemed by the State Government to be the owner of the vehicle 
or, if at the time of requisitioning the vehicle is in possession of a person 
other than the owner, then on such person as well as on the owner. 
(3) Any vehicle requisitioned under sub-section (1) shall vest in the 
State Government for the period of the requisition and the State Government 
may use or deal with it in such manner as may appear to it to be expedient. 
4. (1) Whenever the State Government requisitions any vehicle 
under section 3, the owner of such vehicle shall be paid compensation, the 
amount of which shall be determined by the State Government on the basis 
of the fares or rates prevailing in the locality for the hire of such vehicle. 
(2) The owner of a vechile requisitioned under section 3, if aggrieved 
by the amount of compensation determined, may make an application to 
the State Government within thirty days from the date of service on him 
of the order determining the compensation, for determination of the 
amount of compensation by an Arbitrator. 
(3) On receipt of an application under sub-section (2), the State 
Government shall appoint an Arbitrator and the amount of compensation 
determined by the Arbitrator shall be final. 
(4) If, immediately before the requisitioning, the vehicle was, by 
virtue of a hire-purchase agreement, in the possession of a person other 
than the owner, the amount determined as compensation under sub-
section (1) or sub-section (3), as the case may be, shall be apportioned 
between that person and the owner in such manner as they may agree upon, 
and in default of agreement, in such manner as an Arbitrator appointed by 
the State Government in this behalf may decide. 
(5) Any amount payable under this section as compensation shall be 
paid by the State Government but the State Government may recover the 
whole or a portion of such amount from any person or body on whose 
account the requisition is made. 
5. The State Government may, for the purpose of requisitioning any 
vehicle under section 3 or determining the compensation payable under 
section 4, 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. 
6. Any person authorised in this behalf by the State 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. 
280 
The West Bengal Requisitioning of Vehicles 
Act, 1979. 
XXXIV of 1979.] 
(Sections 7-10.) 
7. (1) When a vehicle requisitioned under section 3 is released, the Release of 
vehic les 
possession thereof shall be delivered to the person from whom possession from 
was taken at the time when the vehicle was requisitioned, or if there was requisition. 
no such person, to the person deemed by the State Government to be the 
owner of such vehicle, and such delivery of possession shall be a full 
discharge of the State Government from all liabilities in respect of such 
delivery, but shall not prejudice any right in respect of the vehicle to which 
any other person may be entitled by due process of law to enforce against 
the person to whom possession of the vehicle is so delivered. 
(2) Where the person from whom possession was taken at the time 
when the vehicle was requisitioned or the person deemed by the State 
Government to be the owner of such vehicle cannot be found and has no 
legal agent or other person empowered to accept delivery on their behalf, 
the State Government shall cause a notice, declaring that the vehicle is 
released from requisition, to be published in the Official Gazette. 
(3) When a notice referred to in sub-section (2) is published in the 
Official Gazette, the vehicle specified in such notice shall cease to be 
subject to requisition 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 Government shall not be liable for any compensation or 
other claims in respect of the vehicle for any period after the said date. 
8. If during the period of requisition a vehicle requisitioned under Payment of 
section 3 is damaged otherwise than by normal wear and tear or lost and additional 
compensa- 
if such damage or loss to the vehicle is not insured, there shall be paid to lion in 
certai the person entitled to compensation under section 4 an additional cases.
n  
compensation to the extent of damage or loss suffered as may be determined 
by the State Government in such manner as may be prescribed. 
9. The State Government may, by notification in the Official Delegation 
Gazette, direct that any power conferred or any duty imposed on the of functions 
of the State 
State Government by any of the provisions except section 14 of this Act Government. 
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 
specified. 
10. The owner or the person in possession of a vehicle on the date of Liability of 
the order of requisition made under section 3 shall be liable— 	 the 
the 	
o 
owner or 
person in 
(a) to pay the tax and other dues that may become payable during possession 
the period of requisition, and 	 of a vehicle.  
(b) to keep all necessary documents in respect of the vehicle as 
are required to be kept, 
under the provisions of any law for the time being in force. 
281 
The West Bengal Requisitioning of Vehicles 
Act, 1979. 
[West Ben. Act of XXXIV of 1979.] 
(Sections 11-14.) 
Penalty for 
contraven-
tion of any 
order. 
Saving. 
Protection of 
action taken 
under this 
Act. 
Power of 
State 
Government 
to make 
rules. 
11. (1) Any person who contravenes an order made under section 3 
or section 5 shall be punishable with imprisonment for a term which may 
extend to one year or with fine which may extend to five hundred rupees 
or with both. 
(2) No court shall take cognizance of an offence punishable under this 
section except on the complaint in writing of an officer authorised by the 
State Government in this behalf. 
12. Subject to the provisions of this Act, no decision or order made in 
exercise of any of the powers conferred by or under this Act shall be called 
in question in any court. 
13. No suit, prosecution or other legal proceeding (including an 
action for damages) shall lie against the State Government or any 
person for anything in good faith done or intended to be done or for any 
damage caused or likely to be caused for anything in good faith done or 
intended to be done in pursuance of this Act or any rule or order made 
thereunder. 
14. The State Government may make rules for carrying out the 
purposes of this Act. 
282 

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