PAYMENTS FOR THE BUILDINGS/VEHICLES REQUISITIONED FOR CONDUCT OF-ELECTIONS

Ministry of Law O.M. regarding hire/rental charges for the vehicles of Govt/Semi-Govt Deptt. requisitioned.

Ministry of Law and Justice (Legislative Department), (Budget and Accounts Unit) O.M. No.G. 27031 (6)/87-B & A 17th December 1987 to Ministries etc., Comptroller and Auditor General, New Delhi, Ministry of Finance, all State Governments and Chief Electoral Officers.
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Subject :- Payment of hire/rental charges for vehicles of Government/Semi-Government departments requisitioned for conduct of elections to the Parliament and State Legislative Assemblies.

In terms of section 160 of the Representation of the People Act, 1951, the State Governments are empowered to requisition premises or any vehicle or vessel in connection with an election in that State. The word "premises" would include any land, building or part of the building and includes a hut, shed or other construction or any part thereof; "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled, mechanical or otherwise. In terms of section 161 of the Representation of the People Act, 1951, whenever a vehicle is requisitioned, the owner of the vehicle shall be paid compensation by the State Government, determined on the basis of the fares or rates prevailing in the locality for the hire of such a vehicle.

2. Sometimes, the State Governments are obliged to requisition vehicles belonging to offices of the Central Government situated in the locality or the vehicles belonging to a public sector enterprise functioning under the jurisdiction of the Central Government. The question whether such Central Government offices or public sector enterprises should prefer hire charges for the vehicles placed at the disposal of the State Government's requisition order has been considered. It has been decided with effect from the date of issue of this office memorandum, that Central Govt. offices as well as the autonomous statutory bodies and autonomous public sector undertakings under the control of the Central Govt. may not prefer hire charges whenever their vehicles are requisitioned by the concerned State Governments or Union Territory Administrations, for the conduct of elections. However whenever such vehicles are requisitioned, the cost of petrol, oil and minor repairs during the period of requisition would be borne by the concerned State Government as hitherto.

3. All Ministries and Departments are requested to issue suitable instructions to Subordinate/Attached Offices as well as the statutory autonomous bodies and public sector undertakings under their control.



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