[1]THE PUNJAB MILITARY TRANSPORT ACT, 1916
[2]( I of
1916)
[4th
February 1916]
An
Act
to make better provision
for the impressment of Animals, Vehicles, Boats and Gear in the Punjab for the
purposes of Military Transport.
WHEREAS it is expedient to make better
provision for the impressment of animals, vehicles, boats and gear in the
Punjab for the purposes of military transport; It is hereby enacted as
follows:-
CHAPTER I
PRELIMINARY
1.
Short title
and local extent.— (1) This Act may be called the Punjab Military Transport
Act, 1916.
(2)
It extends to the Punjab.
2.
Repeal.—
The Punjab Military Transport Animals Act, 1903 is hereby repealed. CHAPTER II
LIABILITY TO IMPRESSMENT
3.
Liability to
impressment.— (1) All animals, vehicles and boats, together with gear and
equipment for the same, shall be liable to be impressed for military transport,
whether for service within or without the limits of [3][ Pakistan] in
accordance with the provisions of this Act.
Explanation— “Vehicles” shall be deemed
to include also doolies, dandies, jhampans and palkies.
(2)
Impressment may be for hire or for purchase. CHAPTER III
APPOINTMENT OF OFFICERS
4. Appointment of Transport Inspection Officers and Transport Assistants.— (1) The
[4][Central
Government[5] may, by
notification appoint any person to be a Transport Inspection Officer or
Transport Assistant for the purposes of this Act, and may define the area
within which he shall exercise his powers.
(2)
All the powers conferred on a Transport Inspection
Officer or Transport Assistant by this Act shall, unless the [6][Central
Government[7]] by special
order otherwise directs, be exercised by him subject to the control of the
Deputy Commissioner.
(3)
All Transport Inspection Officers and Transport
Assistants shall be deemed to be public servants within the meaning of the [8][ Pakistan
Penal Code ].
5.
Meaning of
term “Collector”.— In this Act “Collector” shall include any person
appointed by the [9][Central
Government[10]] or by the
Deputy Commissioner to exercise the functions of a Collector under this Act.
CHAPTER IV
ENUMERATION AND INSPECTION
6.
Enumeration
and inspection.— The [11][11][Central
Government[12][12]] may make
rules for the enumeration and inspection of animals or things liable to
impressment under this Act, and may by rule require any person owning or
keeping any such animal or things to produce it for enumeration or inspection
at such time and place within the limits of the village in which he ordinarily
resides or in which he holds or cultivates land as the enumerating or
inspecting officer may fix and to give such information regarding such animal
or things as the rules may prescribe.
CHAPTER V
IMPRESSMENT FOR ACTIVE SERVICE
OR GRAVE EMERGENCY
7.
Declaration
authorizing impressment.— (1) On any occasion of the mobilization of troops
for active service or at any time during the employment of troops on active
service or on any occasion which, in the opinion of the [13][Central
Government[14]], is one of
grave emergency, the [15][Central
Government[16]] may by
notification or written order declare that all or any animals or all or any
things liable to impressment may be impressed for the purpose of military
transport in the manner hereinafter appearing.
(2)
Direction to
collector— At any time after the issue of such a declaration the [17][Central
Government[18]] or any
person authorized in this behalf by the 19[Central Government20] may direct the Collector to take steps to
provide within a reasonable time to be specified in the direction such animals
or things as are stated to be required from his district for the purposes of
military transport.
8.
Order for
collection and power to seize.— (1) On receiving a direction under the
preceding section the Collector shall, forthwith issue orders requiring the
persons therein named to collect the animals or things therein specified at the
time and place appointed by the Collector.
(2)
Such orders may be addressed to any Transport Assistant
or to any Revenue
Officer or to any zaildar, inamdar, or village officer.
(3)
Any person owning or keeping animals or things liable
to impressment shall, when required by any Transport Assistant or Revenue
Officer or any zaildar, inamdar or village officer in pursuance of an order
issued under sub-section (1), be bound to produce the same at the time and
place appointed by the Collector.
(4)
Should any such person refuse or fail so to produce the
animals or things, the Transport Assistant or other officer to whom the order
is addressed may seize them by force.
19
20
9.
Obligation
of person in charge to proceed with animal to collecting centre.— Except as
may otherwise be provided by rules made in this behalf by the [19][Central
Government[20]], the person
in charge for the time being of any animals or things impressed under this Act
or such other person competent to take charge thereof as may be appointed by
the person in charge shall proceed with such animals or things to the place
appointed by the Collector under section 8(1).
10.
Notice regarding
claim for compensation.— Notice shall be given by the Collector of the time
and place at which claims for compensation for any animals or things impressed
may be made.
11.
Selection of
animals. Replacement of rejected animals or things.— Any person authorized
in this behalf by the [21][Central
Government[22]] may approve
as suitable for hire or for purchase or may reject as unsuitable any animals or
things collected or seized in accordance with section 8, and may require the
Transport Assistant or other officer who collected or seized the rejected
animals or things to collect or seize others in place thereof, and for such
further collection or seizure the order issued under section 8 (1) shall be
deemed to be valid authority.
12.
Committee of
assessment.— (1) When any animal or thing has been so approved a committee
of assessment constituted as the [23][Central
Government[24]] may, by
general or special order direct, shall record—
(a)
a brief description of such animal or thing;
(b)
the name and address of the owner, if known;
(c)
the name and address of the person in charge;
(d)
the market value at the time of the award according to
the opinion of the committee.
(2)
One member of every committee of assessment shall be a
“Land-owner” as defined in the Punjab Land Revenue Act[25].
13.
Taking
possession.— Any officer appointed by the [26][Central
Government[27]] or by any
person authorized in this behalf by the [28][Central
Government[29]] may take
possession on behalf of the [30][Central
Government[31]] of any
animal or things in respect of which the committee has recorded the particulars
prescribed by section 12.
If the animal or
thing is to be purchased, the said officer shall forthwith deposit with the
committee a sum equivalent to the value thereof as fixed by the committee plus 15 per cent and upon such deposit the
animal or thing shall become the absolute property of the 34[
Government ].
If the animal or thing is hired, the 35[Central Government36]
shall pay hire at such rates as it shall from time to time fix.
35
36
14.
Value fixed
to be final.— The value fixed by the committee for any animal or thing
shall be conclusive as between the [32][Central
Government[33]] and any person claiming any interest therein.
15.
Payment.—
(1) When any sum is deposited with the committee under section 13 the committee
shall, except in the case specified in the next sub-section, pay the same to
the person whom they consider prima facie
entitled thereto.
(2)
If he shall not consent to receive such sum, or if
there be no person present competent to sell the animal or thing, or if there
be any dispute as to the title to receive compensation or as to the person to
whom the same is payable or as to the apportionment of the same, the committee
shall deposit the said sum with the Collector, and the Collector shall pass
orders as to the payment, investment or disposal of the same, and such order
shall be final as between the [34][Central
Government[35]] and any person claiming any interest therein.
16.
Power to
call for information.— The Collector may require any person claiming
compensation in respect of any animal or thing impressed under this Act to
state the name of every other person whom he knows or believes to possess any
interest in such animal or thing and also the nature of such interest.
17.
Procedure
when animal or thing is purchased when on hire.— (1) Any animal or thing
hired in accordance with the foregoing provisions, may be purchased at any time
by the [36][Central
Government[37]] for a sum
equivalent to the value fixed by the committee under section 12 plus 15 per cent.
(2)
Notice of such purchase shall be sent by registered
post to the Collector, and the purchase money shall be deposited with him.
(3)
The Collector shall give notice of the purchase to the
owner or the keeper of the animal or thing.
(4)
The Collector shall deal with the purchase money as if
it were a sum deposited with him under section 15(2) of this Act.
(5)
When notice has been sent to the Collector under
sub-section (2) of this section the animal or thing shall become the absolute
property of the [38][ Government
].
18.
Compensation
payable for loss of animal or thing hired.— Compensation shall be payable
by the [39][Central
Government[40]] for the
loss, destruction or deterioration of any animal or thing hired under this Act,
but shall not exceed a sum equivalent to the value fixed by the committee under
section 12 plus 15 per cent.
Explanation— The compensation so payable shall be in addition to any such due as hire.
CHAPTER VI
IMPRESSMENT FOR HIRE OTHERWISE THAN FOR
ACTIVE SERVICE OR GRAVE EMERGENCY
19. Impressment for hire otherwise than for active service.— (1) The 46[Central
Government47] may make rules to provide for the
impressment for hire for purposes of military
46
47
transport within [41][Pakistan]
on occasions other than those specified in section 7, of any animal or thing
liable to impressment under this Act, and for the terms and conditions of such
impressment.
(2) Any animal
or thing liable to impressment under this Act, may be impressed for hire in
accordance with such rules.
CHAPTER VII
MISCELLANEOUS
20. Compensation claimable only in accordance
with Act.— No compensation shall be claimable on account of any animal or
thing impressed in accordance with this Act except as provided in this Act; but
nothing in this section contained shall affect the liability of any person to
whom the whole or any part of any compensation awarded under this Act has been
paid to pay the same to the person lawfully entitled thereto.
21. Power of entry.— Subject to any rules
made in this behalf by the [42][Central
Government[43]], the
Collector or any Transport Inspection Officer or Transport Assistant or any
officer to whom an order under section 8 is addressed shall be entitled at all
reasonable times to enter for the performance of any duty imposed on him by
this Act any place where he has reason to believe that any animal or thing
suitable for military transport may be found, and to inspect any animal or
thing found there.
22. Obligation to render aid.— Every person
shall be bound to assist any Transport Inspection Officer, transport Assistant
or Revenue Officer or any zaildar, inamdar or village officer, who reasonably
demands his aid in the execution of any duty imposed by this Act.
23. Service of notice.— Service of any
notice under this Act or rules thereunder may be made by registered post or by
delivering or tendering a copy thereof signed by the officer therein named or
by beat of drum or other customary method or by the posting of a copy thereof
in some conspicuous place in the village or town.
24. Power to summon and enforce attendance of
witnesses and production of documents. — For the purposes of enquiries
under this Act, the Collector shall have power to summon and enforce the
attendance of witnesses, including the parties interested or any of them, and
to compel the production of documents by the same means and (so far as may be)
in the same manner as is provided in the case of a Civil Court under the Code
of Civil Procedure51.
25. Establishment of depots for safe custody of
goods.— (1) The Collector shall provide one or more suitable depots at
which goods carried by animals or things impressed under this Act may be
deposited.
(2)
Any person depositing any goods at a depot shall on
demand by the person in charge of the depot give to the best of his information
the names and addresses of the consignor and consignee of the goods and of the
owner of the animal or thing by or in which the goods were being carried, and a
description of the goods.
(3)
The Collector shall cause a notice to be sent by
registered post to the consignor and consignee of the goods, informing them of
the deposit of the goods and calling upon the consignee to take delivery
thereof.
(4)
If delivery of the goods is not taken within three
months from date of the deposit, the Collector may cause them to be sold by
auction, provided that if the goods are perishable they may be sold forthwith.
(5)
The responsibility of the 52[Central
Government53] for the loss, destruction or
deterioration of goods deposited at a depot under this section shall be that of
a bailee under
52
53
sections 151 and 152 of the [44][Contract
Act], 1872[45], provided
that the [46][Central Government][47][57] shall not be
liable for any loss resulting in any way from the detention of the goods or
from their sales under sub-section (4).
(6)
The Collector shall pay the sum realised from the sale
to the person who appears to him to be entitled thereto, and after such payment
no suit to recover such sum or any part thereof shall be brought against the [48][ Government]
by any person claiming to be entitled thereto :
Provided that
nothing herein contained shall affect the liability of any person to whom any
sum has been paid by the Collector under this sub-section to pay the same to
the person lawfully entitled thereto.
26. Certain suits barred.— (1) No suit for
any default due to proceedings taken under this Act shall lie against the owner
or person in charge of any animal or thing impressed under this Act or any
person liable in respect of any contract connected with such animal or thing.
(2)
No Civil Court shall take cognizance of the manner in
which the [49][Central
Government[50]] or any person exercises any power vested in
it or in him by or under this Act.
(3)
No suit shall lie against the [51][Government]
or any officer or person for damages for any act in good faith done or ordered
to be done in pursuance of this Act.
(4)
Nothing in this section shall be deemed to bar a suit
for compensation for the loss, destruction or deterioration of goods in
accordance with section 25(5) of this Act.
27. Exclusion of legal practitioners.— No
legal practitioner shall be entitled as such to appear in any proceedings under
this Act.
28. Penalties.— Any person who—
(1)
without reasonable excuse refuses or fails to comply
with any order lawfully given under this Act requiring him to produce any
animal or thing, or
(2)
with intent to avoid the production or impressment of
any animal or thing removes or conceals such animal or thing or obstructs the
production or impressment thereof, or
(3)
omits to do anything which he is legally bound to do
under this Act or the rules thereunder,
shall be punishable with fine which may extend to Rs. 50, or
should the offence be committed on an
occasion of the mobilization of troops proceeding on active service, shall be
punishable with imprisonment of either description not exceeding three months
or fine which may extend to Rs. 100 , or both.
29. Cognizance of offences.— No Court shall
take cognizance of any offence punishable under this Act except with the
previous sanction of the Deputy Commissioner.
30. Power to make rules.— The 62[Central Government63]
may make rules consistent with this
Act for carrying out the provisions of this Act, and in
particular may make rules—
(a)
defining the duties and powers of Transport Inspection
Officer and Transport Assistants;
(b)
providing for the constitution and defining the powers
and duties of committees appointed under section 12;
62
63
(c)
providing for the establishment and maintenance of
depots under section 25, and for the safe custody of goods deposited thereat;
(d)
fixing the compensation payable by the [52][Central
Government][53] for the
loss, destruction or deterioration of any animal or thing hired under this Act;
(e)
fixing the subsistence or other allowance payable on
account of animals or things collected or seized under this Act; and
(f)
prescribing forms for such registers, books,
statistics, accounts or receipts as the 66[Central
Government]67 may think necessary to be kept,
made, compiled, or given and specifying the particulars to be entered therein.
66
67
[1]
For Statement of Objects and Reasons, see
Punjab Gazette, 1915, Part V, pages 90-92, for Select Committee’s report, see ibid., Part V, pages 185190; for Debates
in Council, see ibid., Part V, pages
115-118, 208-210.
[2]
This Act received the assent of the Lieutenant-Governor of the Punjab on 2nd
December 1915; that of the Governor-General on 24th January, 1916; and, was
published in the Punjab Gazette, Part
V, dated: 4th February, 1916, pp. 1-5.
[3]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964).
[4]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[5]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[6]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[7]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[8]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art
2 (1) Schedule.
[9]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[10]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[11]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[12]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[13]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[14]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[15]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[16]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[17]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[18]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[19]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[20]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[21]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[22]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[23]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[24]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[25]
XVII of 1887.
[26]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[27]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[28]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[29]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[30]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[31]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 34Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art 2 (1)
Schedule.
[32]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[33]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[34]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[35]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[36]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[37]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[38]
Substituted, for the word “Crown”, by the Central Adaptation of Laws Order,
1964 (P.O. 1 of 1964), which was previously substituted, for the word
“Government”, by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[39]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[40]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[41]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art
2(1) Schedule.
[42]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[43]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 51V
of 1908.
[44]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964),
Art. 2(1) Schedule.
[45]
IX of 1872.
[46]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[47]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[48]
Substituted, for the word “Crown”, by the Central Adaptation of Laws Order,
1964 (P.O. 1 of 1964), Art. 2 (1) Schedule, which was previously substituted,
for “Government”, by the Government of India (Adaptation of Indian Laws) Order,
1937 as amended by the Government of India ( Adaptation of Indian Laws)
Supplementary Order, 1937.
[49]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[50]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[51]
Substituted, for the word “Crown”, by the Central Adaptation of Laws Order,
1964 (P.O. 1 of 1964), Art. 2 (1) Schedule, which was previously substituted,
for “Government”, by the Government of India (Adaptation of Indian Laws) Order,
1937 as amended by the Government of India ( Adaptation of Indian Laws)
Supplementary Order, 1937.
[52]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[53]
Now “Federal Government”, see the
Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
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