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Requisition of Movable Property Act, 1988

An Act made for the requisition of movable property

Whereas it is expedient to provide for the requisition of movable property;

Therefore it is enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Requisition of Movable
Property Act, 1988.
(2) It shall be deemed to have come into force on the 17th Kartik, 1394/4th November, 1987,
respectively.

2. Definitions.- If there is nothing repugnant in the subject or context, in this Act-

     (a) "Movable Property" includes any vehicles on land and water;
     (b) "Deputy Commissioner" includes an Additional Deputy Commissioner and any
     other officer authorised by the Deputy Commissioner to exercise any power
     conferred, or perform any duty delegated, to the Deputy Commissioner by or under
     this Ordinance;
     (c) "Rule" means a rule under this Act;
     (d) "Owner" includes the occupier.

3. Requisition of immovable property.- (1) When any property is required temporarily for a
public purpose or in public interest, the Deputy Commissioner may, with the prior approval of the
Government, by order in writing, requisition it.
(2) Every order under sub-section (1) shall be served personally to the owner of the requisitioned
property, but if the said owner refuses to accept the order or cannot be found at his home, the
service of the order may be made by delivering or tendering it to any officer of the owner or to
any adult male member of the family of the owner residing with him or, if no such officer or
member can be found, by affixing a copy thereof in some conspicuous part of the dwelling place,
business place or office of the owner.

4. Compensation.- Where any movable property is requisitioned under this Act, compesation
shall be paid to its owner, and this compensation shall be determined and payable in a manner to
be prescribed by rule.

5. Repair and maintenance of requisitioned property.- During the period of requisition of any
movable property under this Act the Deputy Commissioner shall be responsible for its repair and
maintenance, and if during the said period the property is damaged for any reason other than
common usage, the Deputy Commissioner shall pay compensation to the owner, and this
compensation shall be determined and payable in a manner to be prescribed by rule.

6. Penalty.- Any person who contravenes or attempts to contravene or obstructs the execution
of any order under this Act shall be punishable with imprisonment up to three months or with fine
up to 3000 Taka, or with both.

7. Enforcement of occupation.- If the owner of any property requisitionned under any order
under this Act fails to transfer the property according to the said order, or if any other person
creates any obstruction in the process of occupation of the said property, the Deputy
Commissioner may occupy the said property by using necessary force.

8. Indemnity.- No suit, prosecution or other legal proceeding shall lie against any person for
anything which is done in good faith under this Act or its rules.

9. Bar to jurisdiction of Court.- No Court shall entertain any suit or application against any
order passed or any action taken under this Act, and no injunction shall be granted by any Court
in respect of any said action or order.

10. Power to make rules.- The Government may by notification in the official Gazette make
rules for the purpose of this Act.

11. Repeal and savings.- (1) The Requisition of Movable Properties Ordinance, 1987
(Ord.No.18, 1987) is herewith repealed.
(2) Notwithstanding such repeal, anything done or action taken under the repealed Ordinance
shall be deemed to have been done and taken under this Act.