Section 3   [ View Judgements ]

Power to requisition goods vehicles


(1) If in the opinion of the Collector it is necessary or expedient so to do for providing better and more coordinated goods transport service in the State or to meet any emergency in the maintenance of such service, he may, by order in writing, requisition any goods vehicle and may make such further orders as appear to it to be necessary or expedient in connection with the requisition.



(2) After requisition of the goods vehicle under Sub-section (1) the Collector shall deliver possession of the same to such officer in the Food and Civil Supplies Department as Government in the Food and Civil Supplies Department may, by order, specify to operate the same for the purpose of goods transport and the officer may use and deal with it in such manner as may appear to him to be expedient for the said purpose and such use and dealing by the said officer shall be deemed to have been permitted by the owner of the vehicle.



(3) Without prejudice to any powers conferred by this Act any person authorised by a Collector may enter any premises and inspect any goods vehicle therein or thereon for the purpose of determining whether and if so, in what manner, any order under this section should be made in relation to such goods vehicle or with a view to securing compliance with any order made under this section.



(4) Save as otherwise expressly provided in this act any requisition made or order issued under the provisions of this Act shall be deemed to have been served on the owner, if it is served on the person having possession or control of the goods vehicle and on receipt thereof the owner shall comply with the requisition or the order, as the case may be, forthwith.



(5) When any owner or person having possession or control of the goods vehicle refuses or avoids in any manner to receive the order or cannot be found after using all due and reasonable diligence, or is absent from his residence when the order is sought to be served on him and there is no likelihood of his being found at the residence within a reasonable time, affixture of the requisition or the order, as the case may be, on the outdoor or some other conspicuous part of his residence in presence of two witnesses shall amount to sufficient service of the requisition or, as the case may be, the order on the owner.



(6) It shall be competent for the Collector or the person authorised by him to take possession of the goods vehicle, the materials and documents connected therewith and remove or cause the same to be removed if the owner or the person having possession or control over the goods vehicle does not comply with the requisition or order of the competent authority.



(7) While taking possession of a goods vehicle either under Subsection (4) or Sub-section (6), the Collector or the person authorised by him in that behalf shall make an inventory of the goods vehicle, materials and documents connected therewith in presence of the owner or the person having possession and control of the goods vehicle and two witnesses and obtain their signature thereon.



Explanation-Where the owner or the person having possession or control of the goods vehicle refuses or avoids to be present at the preparation of the inventory or to sign it, such inventory prepared in the presence and under the signature of two witnesses shall be sufficient compliance of this Sub-section.



(8) The officer shall make all arrangements for garaging, maintenance and repair of every goods vehicle requisitioned and the cost shall be recoverable from the owner.

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