THE EAST PUNJAB MOVABLE PROPERTY (REQUISITIONING) ACT, 1947

_ il 
1947 : East Pb. Act XV ] MOVEABLE PROPERTY 137 

REQUISITIONING 

THE EAST PUNJAB MOVEABLE PRO 
(REQUISITIONING) ACT, 1947.PERTY 

TABLE OF CONTENTS 

Sections. i . Short title, extent and commencement. 

Requisitioning of moveable property. 
Power to acquire requisitioned property. 
Payment of compensation. 
Release from requisition. 
Power to obtain information, and to give directions. 

Power to give cffect to orders. 

Declegation of functions. 

Offences and penalty. 
Protection of action under this Act. 

Repeal. 

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1947 : East Pb. Act XV.] moveABLE ProPERTY 139 
(REQUISITIONING) 

'THE EAST PUNJAB MOVEABL (REQUISITIONING) ACT, E1‘:9417’.R SEERTY 

EAsT Puniap Act XV OF 1947, 

[Received the assent of His Excel 
General of Inci,on ihe 121h December, 1547, and s i 
pub ished in the East Punjab Governn 
(Ext:aordinary ), dated the 13th 

Decembeifligl:'?]t. Gazette 

Year No. Short title ‘Whether repealed or otherwise affected 
by legislation 

1947 | XV The East Punjab |Amended in part by the Adaptation 
Maveqb'lt_a Property of Laws Order, 1950. 

| (Requisitioning) Act, Amended by the Punjab Reorganisa- 
1947 tion (Chandigarh) (Adaptation of Laws 

| on State and Concurrent Subjects) 
| Order, 1968. 

An Act to provide for the requisitioning and acquisition 
of moveable property. 

It is hereby enacted as follows:— 

1. (/) This Act may be called the East Punjab  short tite, extent 

Moveable Property (Requisitioning) Act, 1947. e 

2) It-extends to the whole of the #[Union 
 Territory 

of Chandigarh]. 

(3) Tt shall come into force at once. 

t (3 

1For Statement of Objects and Reasons, se€ Ea'StP“m;?S 
g:zemm]y S:::gaz];'s' 

(Extraordinary), 1947, pages 51-52 ; for proce dings in the 1759-80 4 

Punjab Legislative Assembly Debates, Volume 
1, 1947, pages g . 

Ppun jab Reorganisation 
«State of Punjab” by thet ‘Subjects) Order, 1968, - . 

Substituted for the words State and Concurren! 
(Chandigarh) (Adaptation of Laws on



140  MOVEABLE PROPERTY (1947 Bast Pb. pq Xy 
(REQUISITIONING) 

Requisitioning no(' 2. (1) The 1[Ccntl;illsoGtOoVSlg:mril;‘t;vb)l(forgef?;mlv(vi 

moveable poperty. necessary Of cxpe((i)l‘cltglble property and may make 

requisition any m xpedient i o 

fu?ther orders as may be necessary or expedient 
in Conpeg, 

tion with the requisitionin
g : 

d for the pur i hat no property Uuse  Purpose of 
religilf)rlloswdv:grs]tnip and no aircraft or anything formy; 

part of an aircraft or connected with the operation, Tepair 
or maintenance of aircraft, shall be requisitioned. 

t] makes 2) Where the 1[Central Governmen kes ap 

ordel(- l)mder sub-section (/), it may use or deal with tp 

property in such manner as may appear toit to be ex. 

pedient. 

Power to acquire 3. () The '[Central Government] may at any time ac- 
masisioned  quire any moveable property requisitioned by it under 

section 2 by serving on the owner thereof, or, where the 
owner is not readily traceable or the ownership is in dis- 
pute, by publishing in the Official Gazette, a notice stating 
that the said authority has decided to acquire to it in 
pursuance of this section. 

(2) Where a notice of acquisition is served on the 
owner of the property or published in the Official Gazette 
under sub-section () then at the beginning of the day on 
which the notice is so served or published the property 
shall vest in the [Central Government] free from ail encum- 
brances and the period of requisition thereof shall end. 

Payment of com. 4. The owner of any moveable property requisition- pensation. ed oracquired under this Act shall be paid such compen- sation as the ![Central Government] may determine. 

R e tion ™™ 5. (1) Where any property requisitioned under section 2 s to be released from requisition, the Y[Central Government] may after making such inquiry , if any, as it considers necessary, specify by order in writing the person to whom possession of the property shall be given. 

(2) The _delivery of possession of the pro erty _to the person specified in'an order made underp sug-section ()] 

*Substituted for the words “State Go» : jsation : R v ” b Reorgank ( Chandigarh) (Adaptation of Laws on State ani‘.lnz:n;:‘:;‘un':i:h ;:z};l;gas) Order, 1568,



V 

[1947 . East Pb. Act XV.] MOVEABLE PROPERTY 141 
(REQUISITIONING) 

a full discharge of the Government from a Ii ja- 
Shlagt;‘; respect of such delivery, but shall not prejudi 
pill sights in respect of the property which frfsjg(tlt‘g 
any b ntitled y due (s] Of 

1S may e € b process f aw enforce ) 1 to enfor 

PC inst the pel'SOn to Whom possession of the ptopelty is 

50 gelivered. 

(3) Where the person to whom possessi 

p,-operty is to be given cannot be found 1?md }sfial;) go(tfi;g?n{ 

™ other person empowered to accept delivery on his 

pehalf, the Government shall cause a notice declarin
g that 

the property is released from requisitioni 
; 

ed pin the Official Gazette. Auititioning 15 be publisl= 

(4) When a notice referred to under sub-secti 

s published in the Official Gazette, the property gggélifi(gc} 

in the notice shall cease to be subject 
to requisition on and 

from the date_of such publication and sh
all be deemed to 

have been delivered to the person entitled to the posses- 

sion thereof, and the Government shall not be liable for 

any compensation or other claim in resp
ect of the property 

for any period after the said date. 

6. The 1[Central Government] may, wit
h a view to 

requisitioning or acquiring any property unde
r section 

or 3 or determining the amount of compensation 

payable under section 4, by 
order— 

(a) Tequire any person to furnish to such autho- 

rity as may be specified in the order such 

information in his possession relating to the 

property as may be specif
ied; 

(b) direct that the owner Ot person in possession 

shall not without permission dispose of the 

property till the expi
ry of such period a

s may 

be specified in the order. 

7. ‘The '[Central Governme
nt] may take of caus

e to bé 

taken such steps and us
e or cause to be usedsu

ch force as 

may in the opinion of t
hat Government be reasonablly 

necessary for securing 
compliance with any or

der made by 

it under this Act. 

8. The [Central Government] m
ay by order notified 

n the Official ([}azette, 
direct thatany POWer 

conferred or 

" jab Reorganisation 

ISubstitut wState Government” by e Punjd 1968. 

(chafldlgam)l ‘(lAega fpot; gfn
:‘r“f:ws b State and 'Concurrent sth

@) Order, 

ower to obtain 

informations, . and 

2 to give directions. 

Power to give 
effect to orders. 

Delegation 
functions. 

of



142 MOVEABLE PROPERTY [1947 : East Pb, At Xy 1 

(REQUISITIONING) 

it by this Act shall in such (; 
oni co)rl1ditions, if any, as may p, 1;;1; X 

d or discharged by Su?;l}; 

any duty impogcd . 
stances and under su ; 
fied in th: direction be c?(f?;glse 
officer as may be so specilicd. 

Offences and pen- 9. Whoever— 
alty. 

Government] obstructs the [Central | ent] or ap 
@ person authorized by it in the discharge 

the functions under sub-section (2) of sectiop 2 
or section 7 ; or 

(b) fails to furnish -any ‘information required by 
order under clause (a) of section 6 or furnishes 
any information which is false or which he 
either knows or has reasonable cause to believe 
to be false or does not believe to bz trus ; or 

(c) contravenes any direction given under clause 
(b) of section 6 ; 

shall on conviction for such offence by a competent Court 
be punishable with imprisonment for a term  which may 
extend to one year or with fine or with both. 

Protection of action |+ 10. (/) No suit, prosecution or other legal proceed- under the Act.  ing shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act, or any order made thereunder. 

" (2) No suit or other legal proceeding shall lie against the *[Central Government] for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act, or any order made there- under, and no proceeding taken or order made under this Act, shall be called in question by any court. 

Repeal of ordi. ~ 11. The East Punjab Moveable Property (Requisi- “ance. tioning) Ordinance, 1947, s hereby repealed. 

ISubstituted for the words * State Government” by jab Reorganisation (Chandigarh) (Adaptation of Laws on State and cuncul;}r,etnhtesl;%?gits) Order, 16€8.