section 116
Requisitioning of vehicles etc., for purpose of general elections
The Rajasthan Panchayati Raj Act, 1994(1) If it appears to the Collector that in connection with general elections to be held under this Act, any vehicle, vessel or animal is needed or is 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 any such election, the Collector may by order in writing requisition such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to him 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 in connection with the election of such candidate shall be requisitioned under this Sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Collector to be the owner or person deemed by the Collector to be the owner or person in possession of the vehicle, vessel or animal and such order shall be served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any vehicle, vessel or animal is requisitioned under Sub-sec. (1), the period of such requisition shall not extend beyond the period for which the same is required for any of the purpose mentioned in that Sub-section.
(4) Whenever the Collector requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof, out of the Consolidated Fund of the State, compensation the amount of which shall be determined by the Collector on the basis of the fares or rates prevailing on the locality for the hire of such vehicle, vessel or animal :
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the State Government, the amount of compensation to be paid shall be such as the State Government may determine.
(5) Where, immediately before the requisition, the vehicle or vessel is, by virtue of a hire purchase agreement, in the possession of a person other than the owner, the amount determined under Sub-sec. (4), 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 the Collector or the State Government may decide.
(6) The Collector, may with a view to requisitioned any vehicle, vessel or animal or determining the amount of compensation payable under this section, by order, require any person to furnish to such officer or authority as may be specified in the order, such information in his possession relating to such vehicle, vessel or animal as may be so specified.
(7) Any person authorised in this behalf by the Collector may enter into or upon any land or premises and inspect any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under Sub-sec. (1) should be made in relation to such vehicle, vessel or animal, or with a view to securing compliance with any order made under this section.
(8) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
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