Section 14 in The Gujarat Agricultural Pests and Diseases Act, 1980
14. Power to requisition vehicles in case of locust menace.
(1)When any notified area in which locusts have been declared to be an insect pest under section 3 is invaded or is in danger of an invasion by locusts, the Collector or any officer appointed by him in this behalf may, with a view to facilitating preventive or remedial measures against locusts, by order in writing, requisition any vehicle and make such other orders as may appear to him to be necessary or expedient in connection with such requisition. Any vehicle requisitioned under this section may then be used or dealt with in such manner as may appear to be necessary or expedient to the officer requisitioning the vehicle.(2)(i)Every order made under sub-section (1) shall,(a)if it is an order affecting a corporation or a firm, be served in the manner provided for the service or a summons in rule 2 of Order XXIX or rule 3 of Order XXX as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908),(b)if it is an order affecting an individual owner other than a corporation or a firm, be served on the owner-(i)by personally delivering it to him, or(ii)by sending it to him by post, or(iii)where the owner cannot be found, by leaving an authentic copy of the order with some adult male member of the family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain;(c)if the ownership of the vehicle to be requisitioned is in dispute, be published in the Official Gazette.(ii)Where a question arises whether a person or owner was duly informed of an order made in pursuance of sub-section (1) compliance with the requirements of this sub-section shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order.(3)If the owner of the vehicle does not, after service of the order in the manner provided in sub-section (2) place the vehicle in possession of the officer or authority mentioned therein, such officer or authority, as the case may be, may seize the vehicle from any person who may for the time being be in possession thereof.(4)No owner of any vehicle or any person in possession of it shall, after service or publication of an order under this section, remove or allow to be removed any part, tyre, tube or any other accessory or in any way damage the vehicle or permit it to be damaged so as to reduce the usefulness of such vehicle.(5)When any vehicle is requisitioned under this section, there shall be paid to the owner such compensation, as may be agreed upon between him and the officer requisitioning the vehicle and in the absence of such agreement, such compensation as may be determined by the Collector. In determining the amount of compensation, the Collector shall take into consideration the loss caused to the owner by reason of requisition and also the model, make, type, class and condition of the vehicle at the time of requisition:Provided that the maximum rate of compensation payable to the owner shall not exceed such rate per day as the State Government may by general or special order fix from time to time, having regard to the current rates of hire of such vehicles prevailing in the district during the period of requisition:Provided further that the determining the compensation made under this sub-section shall be served in the manner provided in sub-section (2).(6)The officer requisitioning any vehicle may at any time release the vehicle from requisition and when it is decided to do so, a notice in writing shall be served on the owner in the manner provided in sub-section (2) to take delivery of the vehicle on or before such date and from such place and person as may be specified therein.(7)When such notice is served, with effect from the date of service thereof no further liability for compensation or payment of any other kind shall accrue for requisitioning the vehicle:Provided that the officer requisitioning the vehicle may make such further payment on account of compensation for any material damage done to the vehicle during the period of requisitioning as may be assessed by the Collector.(8)The delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the State Government to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the vehicle is so delivered.(9)If the owner fails to take delivery of the vehicle on or before the specified date, the officer who passed the order of release of the vehicle may dispose of the same thereafter in the manner provided in sub-section (10):Provided that such officer shall be competent to allow the owner such extension of time as he deems proper without any liability for any compensation or other payment for the period of extension.(10)The disposal of a vehicle under sub-section (9) shall be by public auction and at the risk of the owner and the sale proceeds shall be made over to the owner after deducting any expenditure incurred by the officer releasing the vehicle from requisition due to the owner not taking delivery of it on or before the specified date.(11)The Collector or the officer appointed by him in this behalf, may with a view to requisitioning any vehicle under this section or determining the compensation payable for such requisitioning by order in writing,-(a)require any person to furnish to such officer or authority as may be specified in the order such information in his possession relating to the vehicle as may be specified;(b)direct that the owner or the person in possession of the vehicle shall not without his permission dispose it of or remove it till the expiry of such period as may be specified in the order from the premises or the place in which it is kept.Explanation. - For the purpose of this section,~(a)"owner" includes, in relation to a vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under the agreement;(b)"vehicle" means any vehicle used or capable of being used for the purpose of transport of person or goods upon roads, whether propelled by mechanical power or not.
