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

Requisitioning of vehicles- Payment of compensation in case of accident-Liability of insurer.

Election Commission's Letter No. 484/89/L.S.II/10809 to 10841, dt. 7th November, 1989 addressed to all Chief Electoral Officers of States & Union Territories.
___________________________________________________________________

Subject :- General Election to Lok Sabha 1989 and certain State Legislative Assemblies, 1989 - Requisitioning of Vehicles - Payment of Compensation in case of accident- Liability of insurer.

Sir,

I am directed to invite your attention to section 160 of the R.P. Act, 1951, which inter-alia provides for requisitioning of vehicles etc. for election purposes and section 161 for the said Act provides for payment of compensation. Under these there is no provision for compensation in respect of such vehicles under requisition in case of accident, loss or damage during the period of requisition. The matter was considered by the Commission in consultation with the Govt. of India. Accordingly the General Insurance Corporation of India have already decided to permit the insurers at the request of the insured to delete clause 7 in the policy issued by the Insurance Companies accepting liability under the policy during the period of requisition or commandeering by the Govt. for any purposes at an additional premium of Rs. 50/- per month or part thereof during the period of such a requisition. A copy of Ministry of Law & Justice letter No. 7(14)/84-Leg. II, dated the 30th November, 1984 issued in this regard is enclosed herewith.

The aforesaid instructions issued by the Ministry of Law & Justice are of standing in nature and may be brought to the notice of all concerned.

[This disposes of the Chief Electoral Officer, West Bengal message No. 20015-AR, dated 3/4th November, 1989.]



No. F 7(14)/84-Leg II ------------------------------------30th November, 1984
Govt. of India ------------------------------------------------------New Delhi
Ministry of Law and Justice
Legislature Department

To

The *Secretary,
Election Commission of India,
Nirvachan Sadan,
Ashoka Road,
New Delhi-110001.
_____________________________________________________________________

Subject :- Requisition of Vehicles - Payment of Compensation in case of accident .

Sir,

I am directed to refer to the Commission' s letter No. 4/84/8502, dated the 12th September, '84 on the above subject and to say that Department of Economic Affairs (Insurance Division) who took up the matter with the General Insurance Corporation of India have intimated that the General Insurance Corporation of India have already decided to permit the insurers at the request of the insured, to delete the exclusion accepting liability under the policy during the period of requisition or commandeering by the Government for any purpose at an additional premium of Rs. 50/- per month or part thereof during the period of such a requisition. The question of liability in cases where the vehicles (other than Government vehicles) are not covered by insurance will not arise at all as such vehicles are required to be insured compulsorily under the Motor Vehicle Act, 1939. It is further advised to use the requisitioned vehicles only after the requisite insurance are required under section 94 of the Motor Vehicles Act, 1939 is obtained, so as to save the liability arising out of accidents etc.



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