Chapter VII Chapter VII

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.

Subject to any rules made in this behalf by the [Central Government], the Collector or any Transport Inspection Officer or Transport Assistant or an 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.

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.

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.

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 Procedure.

1. (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. (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. (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. (4) If delivery of 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 & they may be sold forthwith.
5. (5) The responsibility of the [Central Government] for the loss, destruction or deterioration of goods deposited at a depot under this section shall be that of a bailee under sections 151 and 152 of the Indian Contract Act, 1872, provided that the [Central Government] shall not be liable for any loss resulting in any way from the detention of the goods or from their sale under sub-section (4).
6. (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 [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.

1. (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. (2) No Civil Court shall take cognizance of the manner in which the [Central Government] or any person exercises any power vested in it or in him by or under this Act.
3. (3) No suit shall lie against the [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. (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. (5) of this Act.

No legal practitioner shall be entitled as such to appear in any proceedings under this Act.

Any person who -

1. (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. (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. (3) omits to do any thing which he is legally bound to do under this Act or the rules thereunder, shall be punishable with fine which may extend to fifty rupees 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 one hundred rupees or both.

No Court shall take cognizance of any offence punishable under this Act except with the previous sanction of the Deputy Commissioner.

The [Central Government] may make rules consistent with this Act for carrying out the provisions of this Act, and in particular may make rules - defining the duties and powers of Transport Inspection Officers and Transport Assistants; providing for the constitution and defining the powers and duties of committees appointed under section 12; providing for the establishment and maintenance of depots under section 25, and for the safe custody of goods deposited thereat; fixing the compensation payable [by the Central Government] for the loss, destruction or deterioration of any animal or thing hired under this Act; fixing the subsistence or other allowance payable on account of animals or things collected or seized under this Act; and prescribing forms for such registers, books, statistics, accounts or receipts as the [Central Government] may think necessary to be kept, made, compiled, or given and specifying the particulars to be entered therein.