The Assam Requisition and Control of Vehicles Act, 1968
,.

The 25th April ·1969
No.LJL.8J68JI6.-The following Act of the Assam Legislative

Assernl-!v which received the assent of the President is hereby published for
general information.

ASSAM ACT V OF 1969

(Received the assent of the President on the 18th April, U69)

THE ASSAM REQUISITION AND CONTROL OF VEHICLES
ACT, 1968

(Published in the Assam Gazette Extraordinary, dated the 26th April, 19.9)

###### An J

Act

to provide for requisition and control of Vehicles

Preamble, Whereas it -is expedient to provide for the requi-
sition and control of vehicles;

It is hereby enacted in the Nineteenth Year of
the Republic of India as follows:-

Short title 1. (1) This Act may be called the Assam Requi-
extent and sition and Control of Vehicles Act, 1968.
commence-
aent.


-----

(2) It extends to the whole of the Stat e of Assam.

(3) It shall come into force with Immediate

effect.

Definitions. 2. In this Act unless there is anything repugnant

in the subject or context-

(a) "Court" means a principal Civil Court of

original jurisdiction and includes the

Cou rt of Assistant District J udge or
Munsiff whom the State Govern ment

may appoint, by name or by virtue

of his office, to perform, concurrently
with any such principal Civil Cou rt,

all or any of the fun ctions o f the

Court under this Act within any specified
local limits and, in the case of Mun-

siff, upjo the lim its of the pecu niary

jurisdiction with which he is vested

under section 19 of the Bengal, Agra

and Assam Civil Court Act 1887 ' Act XII oi
, , 18B7

(bl "Owner" includes where the pers on in

possession of the vehicle is a m inor, the
guardian of such a minor, and in rela-
tion to a vehicle which is the subject

of a hire-purchase ag reem ent the per-
son in possession of the vehicle u nder I ,
that agreement ;

(c) "prescribed" means prescribed by the rules

made under this Act ;

(d) "State Go vernment" means the Govern-

ment of Assam;

(e) " Vehicle" means any vehicle used or capable
of being used for the p urpose of trans-
por t of persons or goods upo n roads or

inland waterways, whether propelled
by mec hanical power or not.

Power to 3. (I) If in the opinion of the State Gover nment it

requisition is necessary or exped ient so lto do for purpose essen-
vehicles.

tial to the life of the community or for maintai ning

**..._--**

public order or for faci lity of public transport, it

may pass an order in wr iting re quisitioning any

vehicle and may make such orders as may appear to

### -: it to be necessar y or expedient in connection with

such requisition,

(2) The State G overnment may requisition any

vehicle by serving on the owner thereof, or where
the owner is not readily traceable or the ownership

is in dis pute, 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 the ma nner provided in sub-
section (2), place the vehicle in the possession of the

Officer or authority mentioned therein, such officer

or authority may seize the vehicle from any person

who may for the ti me being be in possession the reof.

(4) Where the State Government has requisitioned

any vehicle it may use or deal with it in such manner
as may appear to it to be expedient.. .

Payment of . 4. (1) 'Whenever in pursuance of section 3 the

comtion pens , a- State Government requisr. , , non ar.y vehi 1IC e, there s all'h
be paid to the owner such compensation as may be
determined by the State Government.

(2) Wh ile determining the compensation under

sub-section (1), the State Government shall take into
consideration --

(a) the model, make, type, class and con dition

of the vehicle;

(b) the loss of earning, if any, sustained by
the owner by reason of requisition;

and fix the compensation at such rate as the Sta te
Go vernment may deem fair.

(3) The compensation fixed under sub-section (2)
shall be paid by the officer or authority req uisitioning
the vehicle; such officer or authority shall not be

bound to pay any dues outs tanding on mortgages and
other encu mbrances of the requisitioned vehicle.

Release. 5. (1) T he ~fficer or authority requisitioning a

ff~.~ requi- vehicle may at any time release the vehicle from

smon, requisition and when it is dec ided so to do, .a notice
in writ ing shall be served on the owner to take deli-
very of the vehicle on or within such date and from

such place a nd such person as may be specified
therein,

(2) With effect from such date no further liability
for compensation or payme nt of any other kind shall

lie with the officer or authority requisitioning the

vehicle:

Provided that such officer or authority may make

such further payment on account of compensation for
any mat erial dam age done to the vehicle during the
period of requisition, as assessed. in the manner men-
tioned in sub-sec tion (2) of section 4 of this Act.


-----

(3) The deli very of possession of the vehicle to
the owner or his accredited agent shall be a full dis- \.
charge of any liability of the State Government to
deliver possession to such person as may have rightful
claim to possession thereof but shall not prejudice
any right in respect of such vehicle which any other
person may be entitled by due process of law to en-
force against the person to whom pos session of the

vehicle is so delivered.

(4) If the owner fails to take del ivery of the
vehicle on or wit hin the specified date the officer or
authority who passed the order 0 release of the vehi-
cle may dispose of the same th ereafter:

Provided that such officer or authrity shall be
competent to allow to the owner such exten sion of

time as he/it may deem proper witho ut any liabiliy
for any comp ensation or other payment for the period
of extension.

(5) The disposal of a vehicle under sub-section (4)

shall be by public auction and at the risk of th e owner
and the sale proceeds shall be made over to the owner
after deducting any expe ndi ture incurr ed by the officer
or authority releasing the vehicle due to th e owner not
taking delivery of it on or within the specified date.

I~&renee 6. If the owner of the vehicle is aggrieved by the

**to Ccurt,** amoun t of compensation so det ermined, he may make
an ap plic ation to th e State Govern ment for rcferri r.g
th e matter to the Court.

rower to 7. The St ate (;ov ernme nt may , with a view to requi-

<tbfaiLl infor- sitioning any vehicle under sectio n 3 or determining
marion. the compensation payable u nd er section 4. by order-
(a) req uire any person to furnish to such officer or
authority as may be specified in the order such

## --- informa tion in his possession relating to the

vehicle asmay be specified ;

(b) di rect that the o wner or th e person in posses-

sion of the vehicle shall not without the
permission of the State Government d ispose

of it or remove it til1 the expiry of such period
as may be specified in the order from the
premises or the pla ce in which it is kept.

Power **to** 8. Without prejudice to any power otherwise con-
inspect, fen ed by this Act any person authorised in thi s behalf
by the State Government may enter any place or pre-
mises and inspect any vehicle for the purpose of deter-
minin e whether and if so, in what manner an order

und er. thi s Act should be made in rel ation to such vehi-
ele or with a view to securing comnliance with any
order made under this Act.


-----

. Restric- 9. No owner of any vehicle or any person in pos-
tlOln 0frremo - session of it shall after service of order under section 3
va 0 acces- d b
series. remove or allow to be remove any part, tyre, tu e or
allY other accessory or in any way injure the vehicle or
permit it to be injured so as to reduce the usefulness of
such vehicle.

C.ontrolof 10. Notwithstanding any other provision of this Act
vehicle. the State Government may, by order-

(a) regulate, restrict or give directions with
respect to the. use of any vehicle for the
purpose of transport of passenger or
goods by road or river ;
(b) require any person owning, or employed in
connection with, or having in his posses-
sion or under his control, any vehicle to
comply with any directions given by any
person specified in, or duly authorised in
pursuance of the order; and such direc-
tions may require the person owning
or employed in connection with, Or '

having in his possession or under his con-
trol any vehicle to use such vehicle for
the conveyance of such persons or goods
at such time and by such routes as may
be set ·forth In the directions;
IC) prescribe the conditions subject to which, and
the rates at which, any vehicle may be
hired for the purpose of transport of
persons or goods by road or river, and
the conditions subject to which goods so
carried or to be carried may be discharged .

or loaded;
(d) provide for prohibiting Or restricting the
carriage of persons or goods of any class
by any route and for prescribing the
radius or distance 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 a ppear to the State Government
to be necessary or expedient for securing
public safety, the maintenance of public
order or for maintaining supplies and ser-
vices essential to the life of the com-
munity:
Provided that any order or direction made under
this Act or under any rule made under section 17
of this Act shall have effect notwithstanding any-
thing inconsistent therewith contained in any enact-
ment other than this Act or in any instru-
ment having effect by virtue of any enactment other
than this Act.


-----

Delegation 1f. The State Government may, by order, direct
of fun ction. that any power or du ty which is conferred 01'" im-
posed on the S tate Governmen t by 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.

r. ompliam::e 12, Any person on whom an order is served
with order or to wh om a direction is made under provisions
or direc- of this Act shall carry out such order Or direc-

tion. tion in such m anner and within such time as may be
specified th erein.

Protecti?n 13. (1) No suit, prose cution or other legal pro,

nf ac non ceed ing shall lie against any person- for anything '

dtak enth Actun-.In goo d Tai h dtart one or in ten. eddt0 be dOne In. pur-

er e .         - suance of this Act or any rules made ther eunder

or any order issued under any such rule.
(2) No suit or other legal proceed ing shall
lie against the State Government for any damage

caused or likely to be caused by anything in good

faith done or in tended to be 'done in pursuance

of this Act or any rule made -hereunder or any
ord er issued under any such rule.
14. (1) No order made,in exercise of any power

Savings.

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 a ny au thority in exercise of any power
conferred by or under this Act, a C ourt shall, within
the meaning ofIndian Evidence Act, 1872, presume Act I uf

that such order was so m ade by that authority. 1272. '

15. If any person contravenes any order or direction

Penalties.

made under this Act. he shall b e punishable with
imprisonment for a term which may extend to
six months or fine not exceeding one thous and rupees

.or with bo th.

Power to ar        - 16. Any police officer of or above the rank of a

warrant. Sub-Inspector may arrest without wa rrant any

pe rson who is reasonab ly suspected of having com-
mi tted an offence punishable under this Act.

Power to **17. (1) The St** ate Government ma y, subject to the '

make ru'es, condition of previous publication, make rules for

carrying out the pu rposes of this Act,

(2 ) Every rule made under this section ' shall

. be laid, as soon as may be after it is made, befo re

the Assam Legislative Assembly while it is in Session
for a total period of fourteen days wh ich may
be comprised in one Session or in two successive

Sessions, and if, before the expiry of the Session


-----

                                                             - ~
###### "--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ ....-.


in which it is so laid or the Sessions immediately
following the Assam Legislative Assembly agree in
making any modification in the rule or the Assam

'Legislative Assembly agree that the rule should not
be made, the 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 modifica-
tion or annulment shall be without prejudice to
the validity of anything previously done under that
rule.

i~epeal and 18. (I) The Assam Requisition and Control of Assam iDrd l-

"dving s. Vehicles Ordinance, 1968 is hereby repealed. nance IV of
1968.
(2) Notwithstanding such repeal, anything done
or any action taken under the Ordinance so re-
pealed shall be deemed to have been done or taken
under this Act as if this Act had commenced on
the thirteenth day of July, 1968 (the date of
promulgation -of the O rdinance).

P. C. DAS,
Joint Secy, to the Govt. of Assam)

Law Deptt.

###### i",
I

/

                                                             - ~
###### "--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ ....-.


-----

