GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. II OF 1966.

MAHARASHTRA  REQUISITIONING
(AND CONTROL) OF MOTOR VEHICLES ACT, 1965.

(As modified upto the 11th June 2013)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,  STATIONERY  AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.

J-1064

2013

[Price :--Rs. 4.00 ]

1965 : Mah. II]

MAHARASHTRA  REQUISITIONING (AND CONTROL) OF
MOTOR VEHICLES  ACT,  1969.

------------

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Requsitioning of motor vehicles.

4. Release from requisitioning.

5. Compensation for requisitioning.

6. Payment of compensation.

7. Power to require information, etc.

8. Penalty for contravention of any order regarding requisitioning.

9. Control of motor vehicles.

10. Service of orders and notices.

11. Delegation of powers and duties of State Government.

12. Protection of action taken under this Act.

13. Power to make rules.

J-1064–1

MAHARASHTRA ACT No. II OF 1966.1

(This Act received the assent of the President on the 28th January
1966; assent was first published in the  “Maharashtra Government
Gazette” on the 5th February 1966)

An  Act  to  provide  for  the  requisitioning  and  control  of  motor  vehicles  in
  certain  emergent  circumstances.

WHEREAS it is expendient  to provide for the requisitioning of motor
vehicles, and to control their use, in certain emergent circumstances,
and  for  matters  connected  therewith;    It  is  hereby  enacted  in  the
Sixteenth Year of the Republic of India as follows :––

1.

(1) This Act may be called the Maharashtra Requisitioning (and

Control) of Motor Vehicles Act, 1965.

(2) It extends to the whole of the State of Maharashtra.
(3)

It shall come into force on such date1 as the State Government

may, by notification in the Official Gazette, appoint.

2.

In  this Act, unless the context otherwise requires,––

(a) “motor vehicle” or “vehicle” means any vehicle used or capable
of being used, for the purpose of road transport, which is mechanically
propelled, whether used for drawing other vehicles or otherwise ;

(b) “owner”  includes,  where  the  person  in  possession  of  a  motor
vehicle is a minor, the guardian of such minor, and in relation to a
motor vehicle which is the subject of a hire purchase agreement, the
person in possession of the vehicle under that agreement ;

(c) “prescribed” means prescribed by rules made under this Act.

3.

(1) If  in  the  opinion  of  the  State  Government  it  is  necessary
or expedient  so  to  do  for  securing  the  maintenance  of  services  and
supplies  essential  to  the  life  of  the  community,  the  maintenance  of
public order, or the relief of distress caused by serious draught, flood,
fire or other natural calamities, the State Government may, by order in
writing,  requisition  any  motor  vehicle  and  may  make  such  further
orders as appear to it to be necessary or expedient, in connection with
the requisitioning.

(2) Where  the  State  Government  has  requisitioned  any  motor
vehicle under sub-section (1), it shall vest in that Government for the
period of the requisitioning and that Government may use or deal with
it in such manner as may appear to it to be expedient.

(3) Any  person  authorised  by  the  State  Government  may  at  any
reasonable  hour  enter  any  premises  and  inspect  any  motor  vehicles
therein or thereon for the purpose of determining whether, and, if so, in
what manner, any order under this section should be made in relation
to such vehicle, or with a view to securing compliance with any order
made under this section.

1For  Statemennt  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,

1965,  Part V,  Extra p. 657.

1  9th  day  of  February  1971,  vide  G.  N.,  H.  D.,  No.  MOA.  237  a  (9)  XII,  dated  the

09-02-1971,  published  in  M.  G.  G.,  part  IV-B,  P.  259.

Short  title,
extent  and
commence-
ment.

Defini-
tions.

Requisi-
tioning  of
motor
vehicles.

Release
from
requisi-
tioning.

Compen-
sation  for
requisi-
tioning.

2

4.

(1) The  State  Government  may,  at  any  time  release  from
requisitioning any motor vehicle requisitioned under the last preceding
section  and  shall,  as  far  as  possible  restore  the  vehicle  in  as  good  a
condition as it was when possession thereof was taken subject only to
the changes caused by reasonable wear and tear.

(2) When any vehicle is to be released from requisitioning, the State
Government  may,  after  such  enquiry,  if  any,  as  it  may  in  any  case
consider  necessary  to  make  or  cause  to  be  made,  specify  by  order  in
writing to whom possession of the vehicle shall be given.

(3) The  delivery  of  possession  of  the  requisitioned  vehicle  to  the
person specified in the order made under sub-section (2) shall be a full
discharge of the State Government from all liability in respect of such
property and the requisitioning shall be at an end ;

Provided that, nothing in this section shall prejudice any rights in
respect of the property which any other person may be entitled to by due
process of law to enforce against the person to whom the possession of the
property is so delivered.

(4) Where  the  person  to  whom  the  possession  of  any  requisitioned
vehicle is to be given cannot be found and has no legal agent or other
person empowered  to  accept  delivery  on  his  behalf,  the  State
Government shall cause a notice declaring that the vehicle is released
from requisitioning to be published in the Official Gazette.

(5) When such notice is published in the Official Gazette, the vehicle
specified therein shall cease to be subject to requisitioning on and from
the date of such publication and be deemed to have been delivered to the
person entitled to possession thereof and the State Government shall
not  be  liable  for  any  compensation  or  other  claims  in  respect  of  the
property for any period after such date.

5.

(1) The compensation payable in respect of requisitioning of any

motor vehicle shall be the sum total of the following items :––

(i) interest  on  the  cost  at  which  the  owner  had  purchased  the
vehicle calculated in a manner and at a rate, not being less than 3 per
cent., and above 6 per cent., per annum, that may be prescribed for all
or any class of motor vehicles ;

Provided that, where the vehicle had been obtained by the owner
as a gift or its cost cannot be established by him to the satisfaction of
the  State  Government  or  its  cost  exceeds  the  current  replacement
price of the vehicle, the current price of the same vehicle or vehicle
which,  in  the  opinion  of  the  State  Government,  is  substantially
similar to it, shall be taken to be its cost ;

(ii) an amount representing depreciation of the vehicle during the
period of its requisitioning calculated at a rate not exceeding 30 per
cent., per annum and in a manner that may be prescribed for all or
any class of motor vehicles ;

(iii) an amount for the loss of the use of the vehicle or of any profits
that  might  have  been  earned  but  for  the  requisitioning,  at  such
percentage  not  being  less  than  3  per  cent.,  per  annum,  as  may  be
prescribed, of the cost referred to in caluse  (i) above as reduced by
depreciation  calculated  at  the  same  rate  as  for  clause  (ii)  above  in
such manner and for such period as may be so prescribed ;

3

(iv) any  further  amount  that  the  State  Government  may  by

general or special order specify :

Provided that, if during the period of requisitioning the vehicle is
damaged otherwise than by normal wear and tear, or lost at a time
when it is not insured, there shall be paid to the owner additional
compensation of a sum equal to the cost of making good the damage
or, in the case of a total loss, a sum equal to the compensation that
may be payable if the property is acquired on the date of the loss, such
compensation being determined in the prescribed manner.

(2) Where  the  owner  is  aggrived  by  the  amount  of  compensation
determined  in  accordance  with  sub-section  (1),  he  may  make  an
application within such time and in such form and manner as may be
prescribed  to  the  State  Government,  for  referring  the  matter  to  an
arbitrator appointed in this behalf by that Government.  Such arbitrator
shall  be  a  person  who  has  had  judicial  experience.    The  amount  of
compensation  to  be  paid  shall  be  such  as  may  be  determined  by  the
arbitrator in accordance with sub-section (1).

(3) 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 to such arbitrator appointed in this behalf by the
State  Government  for  determination,  and  shall  be  determined  in
accordance with the decision of such arbitrator.

(4) Any decision of the arbitrator under sub-section (2) or (3) shall be

final.

6. The compensation determined under the last preceding section
for requisitioning any motor vehicle shall be paid within such period, at
such intervals and in such manner as may be prescribed :

Payment  of
compensa-
tion.

Provided  that,  where  payment  of  the  compensation  is  delayed
beyond the period so prescribed, interest shall be payable on the amount
or part of the amount in arrear at such rate not being less than 3 per
cent., or above 6 per cent., per annum and with effect from such date or
dates as may be prescribed.

7. The  State  Government  may,  with  a  view  to  requisitioning  any
motor vehicle or determining the compensation payable therefor or tak-
ing any other action in pursuance of the foregoing provisions, by order
in writing,––

Power  to
require
informa-
tion,  etc.

(a) require  any  person  to  submit  to  it  or  such  authority  as  may
be specified in the order, within such time or at such intervals, such
information and documents in his possession relating to the vehicle as
may be specified therein, being information and documents reasonably
necessary for carrying into effect the provisions aforesaid ;

(b) direct that the owner or person in charge of the property shall
not without the permission of the State Government dispose of it, or
remove it or any tyres, tubes, accessories or parts from the vehicle,
from the permises in which it is kept, till the expiry of such period as
may be so specified.

Penalty for
contraven-
tion  of  any
order
regarding
requisioning.
Control  of
motor
vehicles.

4

8.

If any person contravenes any order made under section 3 or
section 7, he shall, on conviction, be punished with imprisonment for a
term which may extend to one year, or with fine, or with both.

9.

(1) If  in  the  opinion  of  the  State  Government  it  is  necessary
or expedient  so  to  do  for  securing  the  maintenance  of  services  and
supplies  essential  to  the  life  of  the  community,  the  maintenance  of
public order, or the relief of distress caused by serious draught, flood,
fire  or  other  natural  calamity,  the  State  Government  may  without
prejudice to other provisions of this Act, by general or special order, in
such area and for such period as may be specified in the order,––

(a) regulate, restrict or give directions with respect to, the use of
any motor vehicle for the purpose of road transport, or the sale or
purchase of any such vehicle ;

(b) require  any  person  owning,  or  having  in  his  possession  or
under his control, any motor vehicle (hereinafter in this section  re-
ferred to as “the said person”) to make to any person specified in this
behalf a return giving such particulars as may be specified in the
order  with  regard  to  such  vehicle  and  require  such  return  to  be
verified in such manner as may be specified therein ;

(c) require the said person to give notice in such manner as may
be specified  in  the  order  before  disposing  of  the  motor  vehicle  or
allowing it to pass out of his possession or control ;

(d) require the said person, or any person employed in connection
with any motor vehicle, to comply with any directions given by any
person specified in, or duly authorised in pursuance of, the order ;
and such directions may require the said person or such employed
person to use the vehicle for the conveyance of such persons or goods
at such time and by such routes as may be set forth in the directions ;
(e) prescribe the conditions subject to which, and the rates at which
any motor vehicle may be hired for the purpose of road transport and
persons or goods may be carried by road, and the conditions subject
to which goods so carried or to be carried may be discharged or loaded ;
(f) provide for the giving of directions with respect to the carriage
of  persons  or  goods  on  any  particular  motor  vehicle,  or  by  any
particular route, or to any particular clearing house or depot ;

(g) provide for the regulation of the priority in which persons and
goods are to be carried by road and vehicles are to be used for the
purpose of road transport ;

(h) make such other provisions in relation to road transport as

appear to the State Government to be necessary or expedient.
(2) If any police officer or any other person authorised by the State
Government in this behalf has reason to believe that any motor vehicle
is or is kept, in or upon any building, land or other premises, or is being
used by any person in contravention of an order made under sub-section
(1), such officer or person may––

5

(a) enter  and  search  any  such  premises,  and  seize  any  motor
vehicle  found  which  he  suspects  to  be  therein  or  thereon  in
contravention of the order ;

(b) stop such person and seize any motor vehicle which is being

used in contravention of the order.
(3) If any person contravenes any order made in pursuance of this
section, he shall, on conviction, be punished with imprisonment for a
term which may extend to six months, or with fine, or with both.

10. Save as otherwise expressly provided in this Act, any order made
or notice issued under the provisions of this Act shall be deemed to have
been served on the owner of a motor vehicle if it is served on the person
having possession or control of that vehicle.

11. The  State  Goernment  may,  by  notification  in  the  Official
Gazette, direct that any powers conferred or any duty imposed on that
Government by any of the provisions of this Act (except the power to
make rules) shall, under such conditions, if any, as may be specified in
the direction, be exercised or discharged also by such officer or class of
officers  as  may  be  so  specified,  being  not  lower  in  rank  than  Deputy
Collector or Executive Engineer or Deputy Commissioner of Police.

12.

(1) No suit, prosecution or other legal proceedings shall lie against
any  person  for  anything  which  is  in  good  faith  done  or  omitted  to  be
done in pursuance of this Act or any rules or orders made thereunder.
(2) No  suit  or  other  legal  proceeding  shall  lie  against  the  State
Government for any damage caused or likely to be caused  by anything
in good faith done or omitted to be done in pursuance of this Act or any
rules or orders made thereunder.

13.

(1) The power to make rules under this Act shall be exercisable

by the State Government by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained in the
foregoing provisions, the State Government may make rules consistent
with this Act generally to carry out the purposes thereof.

(3) All rules made under this Act shall be subject to the condition of

previous publication.

(4) Every rule made under this Act shall be laid as soon as may be
after it is made before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one
session  or  in  two  succesive  sessions,  and  if,  before  the  expiry  of  the
session in which it is so laid or the session immediately following, both
Houses  agree  in  making  any  modification  in  the  rule  or  both  Houses
agree that the rule should not be made, the rule shall, from the date of
publication of a notification in the Official Gazette, of such decision, have
effect only in such modified form or be of no effect, as the case may be ;
so however that any such modification or annulment shall be without
prejudice to the validity or anything previously done or omitted to be
done under that rule.

Service  of
orders  and
notices.

Delegation
of  powers
and  duties
of  State
Govern-
ment.

Protection
of  action
taken
under  this
Act.

Power  to
make  rules.

CJPN  (J-1064)--9-2013--3,277  bks./4  lvs.--PR  8*

CENTRAL JAIL PRESS, NAGPUR

Maharashtra Government Publications
can be obtained from--

* THE  DIRECTOR

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS
Maharashtra State
Netaji Subhash Road, MUMBAI–400 004.
PHONE : 23 63 26 93
23 63 11 48

23 63 06 95
23 63 40 49

* THE MANAGER

GOVERNMENT  PHOTOZINCO  PRESS  AND  BOOK  DEPOT
Photozinco Press Area,  Near G. P. O.
PUNE–411 001.
PHONE : 26 12 58 08

26 12 89 20

202 58 22

* THE MANAGER

GOVERNMENT  PRESS  AND  BOOK  DEPOT
Civil Lines
NAGPUR–440  001.
PHONE : 256 26 15

* THE  ASSISTANT DIRECTOR

GOVERNMENT  STATIONERY, STORE AND  BOOK  DEPOT
Shaha Ganj, Near Gandhi Chowk
AURANGABAD–431 001.
PHONE : 233 14 68

* THE  MANAGER

GOVERNMENT  PRESS  AND STATIONERY  STORE
Tarabai Park
KOLHAPUR---416 003.
PHONE :265 03 95

265 04 02

AND  THE  RECOGNISED  BOOK  SELLERS

