The Punjab Military Transport Act, 1916
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7. Declaration authorising 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 [Central Government] is one of grave emergency, the [Central Government] 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) At any time after the issue of such a declaration the [Central Government] or any person authorised in this behalf by the [Central Government] may direct the Collector to take steps to procure 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.
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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 there 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.
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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 [Central Government], 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).
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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.
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11. Selection of animals
Any person authorized in this behalf by the [Central Government] may approve as suitable for hire or purchase or may reject as unsuitable any animals or things collected or seized in accordance with section 8, and may require any 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.
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12. Committee of assessment
- (1) When any animal or thing has been so approved, a committee of assessment constituted as the [Central Government] 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, 1887.
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13. Taking possession
Any officer appointed by the [Central Government] or by any person authorized in this behalf by the [Central Government] may take possession on behalf of the [Central Government] of any animal or thing 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 [Government].
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14. If the animal or thing is hired the [Central Government] shall pay hire at such rates as it shall from time to time fix.
Value fixed to be final The value fixed by the committee for any animal or thing shall be conclusive as between the [Central Government] and any person claiming any interest therein.
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15. Payment
- (1) When any sum is deposited with the committee under section 13 the committee shall, except in the cases 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 [Central Government] and any person claiming any interest therein.
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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.
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17. Procedure when animal or thing purchased when on hire
- (1) Any animal or thing hired in accordance with the foregoing may be purchased at any time by the [Central Government] 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 [Government].
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18. Compensation payable for loss of animals or things hired
Compensation shall be payable by the [Central Government] 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 sum due as hire.
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