Updated: Sunday July 07, 2013/AlAhad
Sha'ban 29, 1434/Ravivara
Asadha 16, 1935, at 11:16:52 AM
The
(Punjab
Act I of 1916)
C O N T E N T S
CHAPTER
I
PRELIMINARY
Sections
1. Short title and local extent.
2. [Repeal]
CHAPTER
II
LIABILITY
TO IMPRESSMENT
3. Liability to impressment.
CHAPTER
III
APPOINTMENT
OF OFFICERS
4. Appointment of Transport Inspection
Officers and Transport Assistants.
5. Meaning of term “Collector”.
CHAPTER IV
ENUMERATION AND INSPECTION
6. Enumeration and inspection.
CHAPTER V
IMPRESSMENT FOR ACTIVE SERVICE
OR
GRAVE EMERGENCY
7. Declaration authorizing impressment.
Direction to Collector.
8. Order for collection and power to
seize.
9. Obligation of person in charge to
proceed with animal to collecting centre.
10. Notice regarding claim for
compensation.
11. Selection of animals. Replacement of
rejected animals or things.
12. Committee of assessment.
13. Taking possession.
14. Value fixed to be final.
15. Payment.
16. Power to call for information.
17. Procedure when animal or thing is
purchased when on hire.
18. Compensation payable for loss of animal
or thing hired.
CHAPTER VI
IMPRESSMENT
FOR HIRE OTHERWISE THAN
FOR
ACTIVE SERVICE OR GRAVE EMERGENCY
19. Impressment for hire otherwise than for
active service.
CHAPTER VII
MISCELLANEOUS
20. Compensation claimable only in
accordance with Act.
21. Power of entry.
22. Obligation to render aid.
23. Service of notice.
24. Power to summon and enforce attendance
of witnesses and production of documents.
25. Establishment of depots for safe
custody of goods.
26. Certain suits barred.
27. Exclusion of legal practitioners.
28. Penalties.
29. Cognizance of offences.
30. Power to make rules.
[1][1] The
[2][2](Punjab Act I of 1916)
[4 February 1916]
An
Act to make better provision for the impressment of Animals, Vehicles, Boats
and Gear in the
WHEREAS it is expedient to make better
provision for the impressment of animals, vehicles, boats and gear in the
Punjab for the purposes of military transport;
It
is hereby enacted as follows:---
CHAPTER
I
PRELIMINARY
1. Short title and local extent.— (1) This Act may be called the Punjab
Military Transport Act, 1916.
(2) It extends to the
2. Repeal.— The Punjab Military Transport Animals Act,
1903 is hereby repealed.
CHAPTER
II
LIABILITY
TO IMPRESSMENT
3. Liability to impressment.— (1) All animals, vehicles and boats,
together with gear and equipment for the same, shall be liable to be impressed
for military transport, whether for service within or without the limits of [3][3][Pakistan] in accordance with the provisions
of this Act.
Explanation— “Vehicles” shall be deemed to include also
doolies, dandies, jhampans and palkies.
(2) Impressment may be for hire or for
purchase.
CHAPTER III
APPOINTMENT OF OFFICERS
4. Appointment of Transport Inspection
Officers and Transport Assistants.— (1) The [4][4][Central Government[5][5]] may, by notification appoint any person to
be a Transport Inspection Officer or Transport Assistant for the purposes of this
Act, and may define the area within which he shall exercise his powers.
(2) All the
powers conferred on a Transport Inspection Officer or Transport Assistant by
this Act shall, unless the [6][6][Central Government[7][7]] by special order otherwise directs, be exercised by him
subject to the control of the Deputy Commissioner.
(3) All Transport Inspection Officers and
Transport Assistants shall be deemed to be public servants within the meaning
of the [8][8][Pakistan Penal Code].
5. Meaning
of term “Collector”.— In this Act “Collector” shall include any person
appointed by the [9][9][Central Government[10][10]] or by the Deputy Commissioner to exercise the
functions of a Collector under this Act.
CHAPTER
IV
ENUMERATION
AND INSPECTION
6. Enumeration
and inspection.— The [11][11][Central Government[12][12]] may make rules for the enumeration and
inspection of animals or things liable to impressment under this Act, and may
by rule require any person owning or keeping any such animal or things to
produce it for enumeration or inspection at such time and place within the
limits of the village in which he ordinarily resides or in which he holds or
cultivates land as the enumerating or inspecting officer may fix and to give
such information regarding such animal or things as the rules may prescribe.
CHAPTER
V
IMPRESSMENT
FOR ACTIVE SERVICE
OR
GRAVE EMERGENCY
7. Declaration authorizing 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 [13][13][Central Government[14][14]], is one of grave emergency, the [15][15][Central Government[16][16]] 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) Direction
to collector— At any time after the issue of such a declaration the [17][17][Central Government[18][18]] or any person authorized in this behalf by
the [19][19][Central Government[20][20]] may direct the Collector to take steps to
provide 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.
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 therein 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.
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 [21][21][Central Government[22][22]], 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).
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.
11. Selection of
animals. Replacement of rejected animals or things.— Any person authorized
in this behalf by the [23][23][Central Government[24][24]] may approve as suitable for hire or for purchase
or may reject as unsuitable any animals or things collected or seized in
accordance with section 8, and may require the 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.
12. Committee of
assessment.— (1) When any animal or thing has been so approved a committee of
assessment constituted as the [25][25][Central Government[26][26]] 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[27][27].
13. Taking possession.— Any officer appointed by the [28][28][Central Government[29][29]] or by any person authorized in this behalf
by the [30][30][Central Government[31][31]] may take possession on behalf of the [32][32][Central Government[33][33]] of any animal or things 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 [34][34][Government].
If
the animal or thing is hired, the [35][35][Central Government[36][36]] shall pay hire at such rates as it shall
from time to time fix.
14. Value fixed to be final.— The value fixed by the committee for any
animal or thing shall be conclusive as between the [37][37][Central Government[38][38]] and any person claiming any interest
therein.
15. Payment.— (1) When any sum is deposited with the committee under section 13 the
committee shall, except in the case 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 [39][39][Central Government[40][40]] and any person claiming any interest
therein.
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.
17. Procedure when animal or thing is purchased
when on hire.— (1) Any
animal or thing hired in accordance with the foregoing provisions, may be
purchased at any time by the [41][41][Central Government[42][42]] 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 [43][43][Government].
18. Compensation payable for loss of animal or
thing hired.— Compensation
shall be payable by the [44][44][Central Government[45][45]] 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 such due as hire.
CHAPTER
VI
IMPRESSMENT
FOR HIRE OTHERWISE THAN FOR ACTIVE SERVICE OR GRAVE EMERGENCY
19. Impressment for hire otherwise than for
active service.— (1) The [46][46][Central Government[47][47]] may make rules to provide for the
impressment for hire for purposes of military transport within [48][48][Pakistan] on occasions other than those
specified in section 7, of any animal or thing liable to impressment under this
Act, and for the terms and conditions of such impressment.
(2) Any animal or thing liable to
impressment under this Act, may be impressed for hire in accordance with such
rules.
CHAPTER
VII
MISCELLANEOUS
20. Compensation
claimable only in accordance with Act.— 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.
21. Power of
entry.—
Subject to any rules made in this behalf by the [49][49][Central Government[50][50]], the Collector or any Transport Inspection
Officer or Transport Assistant or any 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.
22. Obligation to render aid.— 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.
23. Service of notice.— 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.
24. Power to summon and enforce attendance of
witnesses and production of documents.— 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[51][51].
25. Establishment of depots for safe custody of
goods.— (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) 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) 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) If
delivery of the 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 are perishable they may be sold forthwith.
(5) The responsibility of the [52][52][Central Government[53][53]] 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 [54][54][Contract Act], 1872[55][55], provided that the [56][56][Central Government][57][57] shall not be liable for any loss resulting
in any way from the detention of the goods or from their sales under
sub-section (4).
(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 [58][58][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.
26. Certain suits
barred.—
(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.
(3) No suit shall lie against the [61][61][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) 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) of this Act.
27. Exclusion of legal practitioners.— No legal practitioner shall be entitled as
such to appear in any proceedings under this Act.
28. Penalties.— Any person who—
(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) 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) omits
to do anything which he is legally bound to do under this Act or the rules
thereunder,
shall be punishable with fine which may
extend to Rs. 50, 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 Rs. 100, or both.
29. Cognizance of offences.—
30. Power to make rules.— The [62][62][Central Government[63][63]] may make rules consistent with this Act for
carrying out the provisions of this Act, and in particular may make rules—
(a) defining
the duties and powers of Transport Inspection Officer and Transport Assistants;
(b) providing
for the constitution and defining the powers and duties of committees appointed
under section 12;
(c) providing
for the establishment and maintenance of depots under section 25, and for the
safe custody of goods deposited thereat;
(d) fixing
the compensation payable by the [64][64][Central Government][65][65] for the loss, destruction or deterioration
of any animal or thing hired under this Act;
(e) fixing
the subsistence or other allowance payable on account of animals or things
collected or seized under this Act; and
(f) prescribing forms for such registers, books,
statistics, accounts or receipts as the [66][66][Central Government][67][67] may think necessary to be
kept, made, compiled, or given and specifying the particulars to be entered
therein.
[1][1]For Statement of Objects and
Reasons, see Punjab Gazette, 1915,
Part V, pages 90-92, for Select Committee’s report, see ibid., Part V, pages 185-190; for Debates in Council, see ibid., Part V, pages 115-118,
208-210.
[2][2]This Act received the assent
of the Lieutenant-Governor of the Punjab on 2nd December 1915; that of the
Governor-General on 24th January, 1916; and, was published in the Punjab Gazette, Part V, dated: 4th
February, 1916, pp. 1-5.
[3][3]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964).
[4][4]Substituted, for the words
“Local Government”, by the Government of
[5][5]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[6][6]Substituted, for the words
“Local Government”, by the Government of
[7][7]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[8][8]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art 2 (1) Schedule.
[9][9]Substituted, for the words
“Local Government”, by the Government of
[10][10]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[11][11]Substituted, for the words
“Local Government”, by the Government of
[12][12]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[13][13]Substituted, for the words
“Local Government”, by the Government of
[14][14]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[15][15]Substituted, for the words
“Local Government”, by the Government of
[16][16]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[17][17]Substituted, for the words
“Local Government”, by the Government of
[18][18]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[19][19]Substituted, for the words
“Local Government”, by the Government of
[20][20]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[21][21]Substituted, for the words
“Local Government”, by the Government of
[22][22]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[23][23]Substituted, for the words
“Local Government”, by the Government of
[24][24]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[25][25]Substituted, for the words
“Local Government”, by the Government of
[26][26]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[27][27]XVII of 1887.
[28][28]Substituted, for the words
“Local Government”, by the Government of
[29][29]Now
“Federal Government”, see the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[30][30]Substituted, for the words
“Local Government”, by the Government of
[31][31]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[32][32]Substituted, for the words
“Local Government”, by the Government of
[33][33]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[34][34]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art 2 (1) Schedule.
[35][35]Substituted, for the words
“Local Government”, by the Government of
[36][36]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[37][37]Substituted, for the words
“Local Government”, by the Government of
[38][38]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[39][39]Substituted, for the words
“Local Government”, by the Government of
[40][40]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[41][41]Substituted, for the words
“Local Government”, by the Government of
[42][42]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[43][43]Substituted, for the word
“Crown”, by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), which
was previously substituted, for the word “Government”, by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[44][44]Substituted, for the words
“Local Government”, by the Government of
[45][45]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[46][46]Substituted, for the words
“Local Government”, by the Government of
[47][47]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[48][48]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art 2(1) Schedule.
[49][49]Substituted, for the words
“Local Government”, by the Government of
[50][50]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[51][51]V of 1908.
[52][52]Substituted, for the words
“Local Government”, by the Government of
[53][53]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[54][54]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art. 2(1) Schedule.
[55][55]IX of 1872.
[56][56]Substituted, for the words
“Local Government”, by the Government of
[57][57]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[58][58]Substituted, for the word
“Crown”, by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art. 2
(1) Schedule, which was previously substituted, for “Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[59][59]Substituted, for the words
“Local Government”, by the Government of
[60][60]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[61][61]Substituted, for the word
“Crown”, by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art. 2
(1) Schedule, which was previously substituted, for “Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[62][62]Substituted, for the words
“Local Government”, by the Government of
[63][63]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[64][64]Substituted, for the words
“Local Government”, by the Government of
[65][65]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[66][66]Substituted, for the words
“Local Government”, by the Government of
[67][67]Now “Federal Government”, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
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