The ASSAM REQUISITION AND CONTROL OF VEHICLES ACT
fPublished in the Ass am Gazette, Extraordinary , dated the 22nd November

1950.]
###### An
Act to provide for the requisition and control of vehicles

Preamble.-Whereas it is expedient to provide for the requisition and control
of vehicles ;

###### It is hereby enacted as follows :--

1. Short title, extent and: commcncement.-(1) This Act may be called the

, Assam Requisition and Control of Vehicles Act, 1950.

(2) It extends to the whole of Assam.
(3) It shall [be deeme? to have c~me into force on the first day ,of October, I~,

1950)1 and shall contlllue 111 force until the 30th day of September, [ 19 4)?-. _v_ '! 1

2. Definitions.- In this Act, unless there is anything repugnant in'""the· subject
or context-

(a) "Owner" includes where the person in possession of the vehicle is a

minor, the guardian of such minor, and in relation to a vehicle which is the subject
of a hire purchase agreement the person in possession of the vehicle under that
agreement ;

(b) "Prescribed" means prescribed by the rules made under this Act.
(c) "State Government" means the Government of Assam.
(d) "Vehicles" means any vehicle used or capable of being used for the
purpose of transport of persons or goods upon roads or inland whaterways, whether
propelled by mechanical power or not.

*For statement of object and reasons _see_ "Assam Gazette, Extraordinary",

dated September 27, 1950, page 276.

!Substituted by the Assam Requisition ·anrl Control' of Vehicles {Amendment)
Act, 1951, Act XII of I 951 for the words "come into force as from. the
1st day of October, 1950".

2Substituted by the Ass?m RequisitioiL.and Controlof Vehicles {Amendment)
Act, _)953} (Act~VIII of_ (~?3 ) , for          - 1~~_3! ·/ "Jf,f

## \ c\ ~l t 'HI .


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3. Power to requisition vehicles.~(!) If in the opinion of the State r~r"'"'""~··• ·

ment it is necessary or expedient to do so for purposes essential to the life of :
community or for maintaining public order or for facility of public
may pass !Ill order in writing requisitioning any vehicle and may make
as may appear to it .to be necessary or expedient in connection wiTh such
###### tioo. · . ·

(2) The State Government may requisition any vehicle by serving on
owner thereof, or where the owner is not readily traceable or the ownership is
dispute, by publication in the official" Gazette, an order under sub-section· (1).
(3) If the owner of the vehicle does not, after service of the order in

manner provided in sub-section (2), place the vehicle in possession of the authc,ritlV;~'
mentioned therein, such authority may seize the vehicle from any person who
for the time being be in possession thereof.

(4) Where the State Government has requisitioned any vehicle it may
or deal with it in such manner as may appear to, it to be expedient.

4. Payment of compensation~-:-(!) Whenever in pursuance of. section 3,

State Government requisitions any vehicle, there shall be paid to the owner
compensation as may be agreed upon between him and the State Govern
in the absence of such agreement, such compensation as may be determined
Committee consisting of tb e Depuly Commissioner, the Executive Engineer,
Works Department, and the Superintendent of Police of the District where
vehicle is requisitioned.    -

[The Committee shall, after taking into consideration-

(a) the model, make, type, class and condition of the vehicle ;
(b) the loss or damage, if any, sustained by the owner by reason

req nisi tion ; ,

(c) the expense or inconvenience, if any, _to_ which the owner is put
reason of the requisition ; and

(d) all other relevant factors, fix the compensation payable _to_ the
in respeect of the period of requisition at such rate, not exceeding Rs.25
day, as the Committee may deem fair]'.

(2) The compensation fixed under sub-section (1) shall be paid by
officer or authority requisitioning the vehicle ; such officer or authority shall
be bound to pay any dues outstanding on mortgages and other encum
of tbe Fequisitioned vehlcle.

(3) Release from requisition.-The officer or authority requisitioning
vehicle or the Controller may at any time release the vehicle from requisition
When it is decided <;O to do, a notice in writing shall be served Oll the own.er .

take delivery of the vehicle on or within such date and from such place

    - uch verson as may bt- specified therein.
(4) With effect from such date no further liability for compensation
payment vf any other kind shall lie with the officer or authority
the vehicle :

Provided such officer or authority may make such further payment on
of compensatjon for any material damage done to the vehicle during the
of requislbon, as assessed by the C,ammittee mentioned in sub-see:tion (3) ao,ove::.q·,

             - [1]Substituted by Assam Act XII of 1951 for the words "In determining
amount of compensation the Committee shall take into consideration the loss
earning if any sustained by the owner by reason of requisition or the model; make,
###### type, class and condition of the vehicle : · ·

Provided that the maximum rate of compensation payable to the owner

not ' exceed- Rs.20 per day during the period of requisition",    -


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###### 353

(5) The delivery ~f possession ·of th~ vehicle to the owner or his accredited

agent shall be a full discharge of any liability of. the State Government to deliver
possession to such person as may hilVe rightful claim to possession thereof but
shall not prejudice any right in respect -of such veliicle· which any other person
may be entitled by due process of law to enforce against the person to whoiii
possession of the vehicle is so delivered.c

(6) If the owner fails to take dilivery of the vehicle -on or within the

specified date the authority who passed 'the order of release of the vehicle may
dispose of the same thl'-reafter : ·

Provided that such authorit) shall be competent to allow to the owner
such. extension of time as be deems proper ~ithout an~' liability for any compen-
sation or other payment for the period of .extension.

(7) The di~posal of a vehicle under sub-section (6) shall be by publiC;
auction and at the risk of the: owner and the sale proceeds shall be made ovet
to the owner after deducting any expenditure incurred by the authority releasing
the vehicle due to he owner not taking delivery of it on or within the specified
date.

5. P(}wer to ohwJn informations.-The State Government may, with a view
to requisitioning any vehicle under section 3 or determining the compensation
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 vehicle as may be
specified;
(b) dire.ct that th~ owner or the person in possession of the vehicle shall

not without the permission of the State Government dispose of it or remove it
till the expiry of such period as may be specified in the order from the premis•;d
or the place in which it is kept.

6. Power to inspect.-Without prejudice to any powers otherwise conferred
by this Act any person authorised in this behalf by the State Government may
enter any place of premises and inspect any vehicle for the purpose of deter-
mining whether, and if so, in what manner an order under this Act should be
made in relation to such· vehicle or with a view to securing compliance , with any
order made under this Act.    - ·

7. Restriction on removal of accessories.-No owner of any vehicle or any
person b possession of it shall after service of order under section 3 remove or
allow to be removed any part, tyre, tube or any other :1.ccessory or in any way """"''

in.iure the vehiCle or permit it to be injured so af: to reduce the usefulness of :.'JCh

vehicle.

8. Contr6l of vehlcle.s.-Not\vithstandlng any other provision of this Act
the State Government may by order-   - .
(a) regulate, restrict or give directions with respect to the use o~ any veh1- •

###### de for the purpose of transoort of passe!lgers or goods by r?ad o~ nver : .
(b) require any person owning, or employed in connecho!l with, O! haymg

in his possession or m1der his control, any vehicle to comply with any directiOns
given by any ,person specified in, or duly authorised in pursuance ~f, the ord~r ;
and such directions may require the person owning or employe_d m connectto~
with, or having in his possession or under his control, any ve~ICle to. use such
vehicle for the conveyance of such perso11s or goods at sucl:t t1me .,and by such
routes as may be set forth in the directions ;    -


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354

(c) prescribe the conditions· subject to· which, anq the rates at which,

         - eijiele may he -.hir.ed for the purpose of~ transport of persons or goods by
###### or river, !ln.d_ .the. cond!tions subject to which goods so carried 0r to be carried
 may be . di~.charge(;l , or loaclecl ;

              - . .(d). prov.ide for prohibiting or restricting the carriage of persons oc goods
of any class by any route and for prescribing the radius or di~>tance within which
persons or goods of any class may be carried by any route ;

' (e) make- such                   - other provisions in relation to transport by any vehicle
by road or inland water · as appear to the State Government to be necessary or
expedient for seeouring public safety, the maintenance of public order or for
maintaining, supplies and services essential to the life of the community :

Pro.v,ided that any ordei or directipn made under this· Act or undeF any

rule made under section 15 of this Act shall have effect notwithstanding any-
thing inconsistent therewith contained in any enactment other than this Act or

          - in any instrument having effect by virtue vf any enactment other than this Act.

9 ... Delegation of fllD'ctions.-The State Government may by order direct

any power or duty which is conferred or imposed on the State Government
this Act shall in such circumstances and under such conditions, if any, as may : be ·

specified in that direction, be exercised or discharged by any officer or authority
subordinate to         - it.

10. . Compliance with order o-r direction.-Any person on whom an order is
served or to whom a direction is made under provisions. of this Act shall carry
out such -order or direction in such manner and within such time as may be spe·
cified . therein.           -

. . . U. Protection of action taken under the Act.-(1) No suit, p)!osecution or

othel' legal _proceeding shall lie against any person for anything in good faith

don_e or intended to be c:lone in pursuance of this Act, or any rules .. made there-

under or any order issued under any such ruJe. · . . _

(2) No suit or other legal proceeding shall lie against the State Govern-

ment for ·any damage caused or likely to be caused by anything in . good fait~
done' ol' intended to be done in pursuance of this Act or any rules made there-_
under or -any order issued under any such rules .

. 12. Savings.-(1) No order made in exercise of any power conferred by or:,

under this Act shall be called in question in any Court of law.
(2) Where any order purports to have been made or signed by any autho-

rity in exercise of any power conferred by or under this Act, a Court shall,
within the meaning of Indian Evidence Act, 1872 (Act I of 1872); presume that
sueh· order was .so made by that authority.          - ,

lo3. Penalt.ies;-If any-person contravenes any order-· or diJection made under
this Act, he· shall be punishable with imprisonment for a term whic:h may extend

to six months or fine not exceeding one thousand rupees or with both. .

14. 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. ·         -

15. Po~er to make rul~s.-(1) The State Government may, .subject to the

conditi0n of previous pubiication, make rules to 'give effect to the pur,poses

-this-Act. .

(2) In pa~ticular and : without. prejudice tp the generality of tl).e .foregoin,.g

           - -.p0W!t11~ ; · such rules may preseribe-            - ·

c' '·' ~ : ~a) ,the manner in which and the authority to whom appealS may be

sti•tuted ; ,           - :           -           -

(b) all matters which are requ-ir~d,. by this ,Act to be prescribed.


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355

16. **Savings.-On** the expiration of this Act, such expiration shall **not.-**

(a) affect any penalty or punishment incurred in respect of any offence
committed under this Act before lts expiration ; or

(b) affect any investigation, legal proceeding or remedy in respect of any


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