The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947

  

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THE UNITED PROVINCES REQUISITION OF 

MOTOR VEHICLES (EMERGENCY POWERS)  

ACT, 1947 

 

(U.P. Act No. XXVII of 1947)

 



  

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 THE UNITED PROVINCES REQUISTION OF MOTOR VEHICLES 

(EMERGENCY POWERS) ACT, 19471 

[U. P. ACT No. XXVII of 1947] 

 Amended by 

U. P. Act No. VI of 1950 

U. P. Act No. XVII of 1958 

U. P. Act No. 26 of 1970 

 Adopted and modified by the Adoptation of Laws Order, 1950 

[Passed by the United Provinces Legislative Assembly on 

November 7, 1947, and the United Provinces Legislative Council 

on December 2, 1947. ] 

 [Received the assent of the Governor on December 22, 

1947, under section 75 of the Government of India Act, 1935, as 

adapted by the India (Provisional Constitution) Order, 1947 and 

was 2 published in the United Provinces Government Gazette, 

Extraordinary, dated December  22, 1947. ] 

 

Preamble 

An Act to provide for the requisition of Motor Vehicles 

WHEREAS It is expedient to provide for the requisition of motor 

vehicles ;  

It is hereby enacted as follows ;  

Short title, 
extent and 
commencement 

1. (1) This Act may be called the United Provinces Requisition 

of Motor Vehicles (Emergency Powers) Act, 1947 ; 

(2) It extends to the whole of 3[Uttar Pradesh] ;  

 
(3) 4[It shall be deemed to have come into force on the date it 

was first published in the Official Gazette]. 

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1. For Statement of Objects and Reasons please see Gazette Extraordinary, dated Sep. 15, 1947, p. 1 ; for 

discussion, see L. A. Pro., dated Nov. 7, 1947, in Vol. XLIII, pp. 374-380, dated March 15, 1948, in Vol. 

XLVI, pp. 514-515 and L. C. Pro., dated Nov. 10 and Dec. 2, 1947, in Vol. X, pp. 11 and 208-220 and 
dated March, 15, 1948, in Vol. XI, p. 20 respectively.  

2. See Gaz. dated Aug. 28, 1948. Pt. VII-A, pp. 63-64 for English version and Gaz. Extra., dated Dec. 22, 
1947, for Hindi version. 

3. Subs. by the A. O. 1950 for [United Provinces]. 

4. Subs. by S. 2 of U. P. Act VI of 1950 for sub-s. (3) which ran as follows :— 
————————————————————————————————————————————————————— 

                      Act or order            Notification, if            Date from which  
    Areas         Under which          any, under which                     enforced  
                         Extended                        enforced            
————————————————————————————————————————————————————— 

       1                             2                                          3                                          4 
————————————————————————————————————————————————————— 
1. Rampur           Rampur (Application 
    District           of Laws) Act, 1950                      .    .                               Dec. 30, 1949                                  

2. Banaras          Banaras (Application        No. 3262 (1)                        July 1, 1950 

    District                 Laws) Order, 1949      dated Nov. 30, 

      1949          

3. Tehri-              Tehri-Gharwal (Application    No. 3262 (2),               Ditto.  

    Garhwal          of Laws)             dated Nov. 30,  

    District            Order, 1949                 1949. 

* For the removal of doubts it is hereby declared that notwithstanding anything contained in sub-section (3) 

of Section 1 of the Principal Act as it existed immediately before the commencement of this Act, all orders 

made action or proceedings taken, directions issued or jurisdiction exercised by any authority under or in 

accordance to the provision of the Principal Act during the period from December 22, 1947, up to the 

commencement of this Act shall be deemed to be as good and valid in law as if such orders actions 

proceedings, directions and jurisdictions had been duly taken or issued or exercised under the said Act as 

amended by this Act.” 



 [The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947] 
 

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2. In this Act, unless there is anything repugnant in the subject 

or context,— 

(a) “Motor Vehicle” means any mechanically propelled vehicle 

adapted for use upon roads whether the power or propulsion is 

transmitted thereto from an external or internal source.  

Definitions 

(b) “Owner” includes where the person in possession of the 

motor vehicle is a minor, the guardian of such minor, and in relation 

to a motor vehicle which is the subject of a hire-purchase agreement 

the person in possession of the vehicle under that agreement ;  

 

(c) “Prescribed” means prescribed by the rules made under this 

Act ;  

(d) 1 [State Government] mean the Government of 1[Uttar 

Pradesh]. 

 

2[ 3. (1) If in the opinion of the State Government it is necessary 

or expedient to do so for securing the defence of India and civil 

defence, the public safety, the efficient conduct of military operations 

or the maintenance of services and supplies essential to the life of the 

community, it may, by order in writing, requisition any motor vehicle 

and may make such further order as appear to it to be necessary 

expedient in connection with the requisition.  

Requisitioning 
of motor 

vehicles 

(2) The requisition shall be effected by an order in writing 

addressed to the person deemed by the State Government to be the 

owner or to any person in possession or control of the motor vehicle, 

and such order shall be served in the prescribed manner on the person 

to whom it is addressed.  

 

(3) If the person on whom an order is served under sub-section 

(2) fails or omits to place the motor vehicle in possession of the 

authority mentioned therein, such authority may seize the motor 

vehicle from any person who may for the time being be in possession 

thereof.  

 

(4) Where the State Government has requisitioned any vehicle 

under this section it shall vest in the State Government for the period 

of the requisition and the State Government or the authority specified 

in that behalf may use of deal with it in such manner as may appear to 

it to be expedient. ] 

 

3[ 4. (1) Whenever and motor vehicle is requisitioned under 

Section 3, there shall be paid to the owner thereof compensation the 

amount of which shall be determined by the District Magistrate on the 

basis of the rate prevailing in the locality for the hire of such vehicle 

after taking into account the provisions of Section 4-A : 

Compensation 

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1. Subs. by the A. O. 1950 for [United Provinces]. 

2. Subs. by sec. 2 of U. P. Act No. 26 of 1970. 

3. Subs. by sec. 3 of U. P. Act No. 26 of 1970. 

https://upvidhai.gov.in/MediaGallery/26of1970.pdf
https://upvidhai.gov.in/MediaGallery/26of1970.pdf


[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]  

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 Provided that where the owner of such vehicle being aggrieved 

by the amount of compensation so determined makes an application 

within the prescribed time to the District Magistrate for referring the 

matter to an arbitrator, the amount of compensation to be paid shall 

be such as the arbitrator appointed in this behalf by the State 

Government may determine ;  

 Provided further that where immediately before the 

requisitioning the vehicle was the subject of a hire-purchase 

agreement, the amount determined under this sub-section as the total 

compensation payable in respect of the requisition shall be 

apportioned between the hirer and the financier in such manner as 

they may agree upon, and in default of agreement, in such manner as 

an arbitrator appointed in this behalf by the State Government may 

decide.  

 (2) The arbitrator shall be a person who is qualified for 

appointment as a Judge of a High Court. 

(3) The award of the arbitrator under sub-section (1) shall be 

final. 

 (4) All other matters relating to arbitration under this section 

shall be governed by rules made under this Act, and except as 

provided in such rules, nothing in the Arbitration Act, 1940, shall 

apply to it. ] 

Charges on 

account of 
fuel, 
lubricant, 
etc. 

1[ 4-A. Where a vehicle has been requisitioned under Section 

3— 

(1) the charges on account of — 

 (a) the road tax arising out of the use of the vehicle on account 

of such temporary requisition ;  

(b) fuel and lubricant required for the propulsion of such 

vehicle ; and  

 (c) repairs of the damage caused to the vehicle in the event of 

an accident during the period of requisition in a case where the vehicle 

in not covered by a comprehensive insurance policy, shall be paid for 

by the State Government ; and  

 (2) the charges on account of — 

(a) pay of the driver and a cleaner or a conductor, and  

(b) the usual repairs for the purposes of obtaining the 

certificate of fitness for keeping the vehicle road worthy, 

 shall be paid for by the owner of the vehicle : 

Provided that no charges for a driver or a cleaner shall be paid 

as aforesaid in the case of a motor cycle ;  

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1. Added. by U. P. Act No. XVII of 1958. 



 [The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947] 
 

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Provided further that where the owner of a vehicle refuses or 

fails to pay the charges as aforesaid the 1 [State Government] may 

deduct them from the amount of compensation payable to the owner 

under Section 4. ] 

 

5. The 1[State Government] may, with a view to requisitioning 

any motor 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 

motor vehicle as may be specified ;  

Orders to 
furnish 

information 
and not to 
remove the 
motor 

vehicle 

(b) direct that the owner or the person in possession of the 

motor vehicle shall not without the permission of the 1[State 

Government] dispose of it or remove it till the expiry of such period as 

may be specified in the order from the premises in which it is kept. 

 

6. Any person authorized in this behalf by the 1[State 

Government] ay enter any premises and inspect any motor vehicle for 

the purpose of determining whether such motor vehicle plying for hire 

should be requisitioned.  

Entry and 
inspection 

7. No owner of any motor vehicle or any person, in possession 

thereof shall, after service of the order under section 3 remove any 

part, tyre, tube or any other accessory or in any way injure the motor 

vehicle so as to reduce the usefulness of such vehicle.  

Preventing 
removal of 
parts, etc 

8. The 1[State Government] may require any person or persons 

owning or having in his possession or under his control, any motor 

vehicle, or class of motor vehicles to comply with such directions as it 

may give in writing. 

Compliance 
of 
directions 

9. The 1[State Government] may by order direct that any 
2 powers or duty which is conferred or imposed on the 1[State 

Government] 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.  

Delegation 

of powers 

10. (1) No suit, prosecution or other legal proceeding shall lie 

against any person for anything in good faith done or intended to be 

done in pursuance of this Act, or any rules made thereunder or any 

order issued under any such rule. 

Protection 

(2) No suit or other legal proceeding shall lie against the [] 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 rules 

made thereunder or any order issued under any such rules.  

 

 

 

 

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1. Subs. by the A. O. 1950 for [United Provinces]. 

2. For delegation of power, see Noti. No. B-373/XXV-C—X, dated Feb. 4, 1948, Extra., Gazette, dated Feb. 5, 

1948.  



[The United Provinces Requisition of Motor Vehicles (Emergency Powers) Act, 1947]  

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Saving 11. (1) No order made in exercise of any power conferred by or 

under this Act shall be called in question in any rules. 

(2) Where any order purports to have been made or signed by 

any authority in exercise of any power conferred by or under this Act it 

shall within the meaning of the Indian Evidence Act, 1872, be 

presumed that such order was so made by that authority.  

Penalty 12. If any person contravenes any order made under this Act 

he shall be punishable with imprisonment for a term which may 

extend to six months or fine not exceeding one thousand rupees or 

with both.  

Power to 
arrest 

13. Any police officer not below 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.  

Continuance 
of orders,     

U. P. 
Ordinance 
No. VIII of 
1947 

14. Any order made under the United Provinces Requisition of 

Motor Vehicles (Emergency Powers) Ordinance, 1947, and in force 

immediately before the commencement of this Act shall continue in 

force and be deemed to be an order made under this Act, and all 

directions issued under any such order and in force immediately 

before its commencement shall likewise continue in force and deemed 

to be issued in pursuance of this Act.  

Rule making 
power 

15. The 1[State Government] may make rules to give effect to 

the purposes of this Act. 

 
2[  X  X  X  X  ] 

 

 
 

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1.  Subs. by the A. O. 1950 for [United Provinces]. 

2.  Schedule omitted by sec. 4  of of U. P. Act No. 26 of 1970. 

https://upvidhai.gov.in/UPCODE/Attatchment/Act/ACT_20230530133847650_26of1970.pdf