REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION

1. (1) If it appears to an official authorised by the State Government in this behalf (for condut of elections under this Act) (hereinafter referred to as “the requistioning authority”) that in connection with an election under this Act-
   • (a) any premises are needed or are likely to be needed for being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
   • (b) any vehicle, vessel or animal is needed or likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may by order in writing requisition such preniises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until, the completion of the poll at such election.
2. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed by rules made by the State Government under this Act, on the person to whom it is addressed.
3. (3) Wherever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
4. (4) In this section —
   • (a) “premises” means any land, building or part of building and includes a hut, shed or other structure or any part thereof;
   • (b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise.

45. (1) Whenever in pursuance of section 44 the requisitioning authority requisitions

any premises, the panchayat shall pay to the persons interested compensation the açount of

which shall be determined by the requisitioning authority by taking into consideration the

following factors that is to say-

1. (i) the rent payable, in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
2. (ii) if in consequence of the requisition of premises, the person interested is compelled to change his residence or place of business the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government 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 requisitioning authority may determine: Prosecution in certain offences. Requistioning of premises, vehicles, etc. for election purposes. Payment of compensation.

20 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

Provided further that, where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requistioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.-In this sub-section, the expression “person interested” means a person who was in actual possesion of the premises requisitioned under section 44 immediately before the requistion, or where no person was in such actual possession, the owner of such premises.

1. (2) Whenever in pursuance of section 44, the requisitioning authority requisitions any vehicle, vessel or animal, the panchayat shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of fares of rates prevailing in the locality for the hire of such vehicle, vessel or animal : Provided that, where the owner of such vehicle, vessel or animal being aggreved by the amount of compensation so determined makes an application within the time prescribed by rules made by the State Government to the requisitioning authority 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 requisitioning authority may determine: Provided further that, where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.