Bare ActsThe Greater Hyderabad Municipal Corporation Act, 1955.

Section 130

Sections 70A to 70F inserted with marginal headings by Act No

Amendment status not verified — confirm the current text below against the official source.

Sections 70A to 70F inserted with marginal headings by Act No.22 of 1981. Requisitioning of premises and vehicles for election purposes. [Act No. II of 1956] 77 necessary or expedient, in connection with the reaquisitioning: Provided that no vehicle which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub- section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. Explanation:- For the purpose of this section ‗premises‘ mean any land, building or part of a building and include a hut, shed or other structure or any part thereof; and ‗vehicle‘ means any vehicle used, for the purpose of road transport, whether propelled by mechanical power or otherwise. 70-B. (1) Whenever in pursuance of section 70-A, the Government requisition any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:- (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; Payment of Compensation. 78 [Act No. II of 1956] (ii) if in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change: Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine: Provided further that where there is any dispute as to the title to receive compensation or as to apportionment of the amount of the compensation, it shall be referred by the Government to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.- In this sub-section, the expression ‗person interested‘ means the person who was in actual possession of the premises requisitioned under section 70-A immediately before the requestion, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 70-A, the Government requisition any vehicle, there shall be paid to the owner thereof compensation, the amount of which shall be determined by the Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicles: Provided that where the owner of such vehicle, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the [Act No. II of 1956] 79 arbitrator appointed in this behalf by the Government may determine: Provided further that where immediately before the requisitioning, the vehicle was, by virtue of a hire purchase agreement, in the possession of a person, other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide. 70-C. The Government may, with a view to requisitioning any property under section 70-A or determine the compensation payable under section 70-B, by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be specified. 70-D. (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 70-A may be summarily evicted from the premises by any officer empowered by the Government in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary of effecting such eviction. 70-E. If any person contravenes any order made under section 70-A or section 70-C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. Power to obtain information. Eviction from requisitioned premises. Penalty for contravention of any order regarding requisitioning. 80 [Act No. II of 1956] 70-F. The Government may, by notification in the *Telangana Gazette, and subject to such restrictions and conditions as may be specified therein, delegate to any officer or any authority all or any of the powers vested in them by sections 70-A to 70-D (both inclusive), and may, in like manner, withdraw any powers so delegated.] 131[70-FF. The State Election Commissioner may by order in writing, delegate to any officer or authority in the State Government, either generally or as respects any particular matter or class of matters any powers of the Commission under this Act.] 132[70-G. (1) Notwithstanding anything contained in this Act, wherein the opinion of the Government it is not possible to hold the elections to the Corporation in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected #[members] into office on the date of expiration of the term as aforesaid, 133[XXX] the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of,- (a) the Corporation, (b) the Standing Committee, and (c) the Commissioner, under the Act, for a period 134[which shall not exceed three and half years] from the date of such appointment:

Section 130 – The Greater Hyderabad Municipal Corporation Act, 1955. | DailyLaw.ai