PUNJAB MILITARY TRANSPORT ACT, 1916

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: c7c663ebfa986a3ddc5e7a38dc9a70614347172d55e465d1933b7b1472b4ea7b.

Punjab Military Transport 
1916: Act I 
CONTENTS 
Preliminary 
1. Short title and local extent.  
2. Repeal. 
Liability to impressment 
3. Liability to impressment. 
Appointment of officers 
4. Appointment of Transport Inspection Officers and Transport Assistants. 
5. Meaning of term “Collector”. 
Enumeration and inspection 
6. Enumeration and inspection. 
Impressment for active service or  
grave emergency 
7. Declaration authorising impressment. 
Direction to Collector. 
8. Order for collection and power to seize. 
9. Obligation of person in charge to proceed with animal to collecting 
centre. 
 10. Notice regarding claim for compensation. 
 11. Selection of animals, Replacement of rejected animals or things. 
 12. Committee of assessment. 
 13. Taking possession. 
 14. Value fixed to be final. 
 15. Payment. 
 16. Power to call for information. 
THE PUNJAB MILITARY TRANSPORT ACT, 
1916 
 
(I of 1916) 
 17. Procedure when animal or thing is purchased when on hire. 
 18. Compensation payable for loss of animal or thing hired. 
Impressment for hire otherwise than for  
active service or grave emergency 
 19. Impressment for hire otherwise than for active service. 
Miscellaneous 
 20. Compensation claimable only in accordance with Act. 
 21. Power of entry. 
 22. Obligation to render aid. 
 23. Service of notice. 
 24. Power to summon and enforce attendance of witnesses and production 
of documents. 
 25. Establishment of depots for safe custody of loads. 
 26. Certain suits barred. 
 27. Exclusion of legal practitioners. 
 28. Penalties. 
 29. Cognizance of offences. 
 30. Power to make rules. 
 
TEXT 
1
THE PUNJAB MILITARY TRANSPORT ACT, 1916 
2
(I of 1916) 
[11 February 1916] 
An  
Act 
to make better provision for the Impressment of Animals, Vehicles, Boats and Gear in the 
Punjab for the purposes of Military Transport. 
WHEREAS it is expedient to make better provision  for the impressment of animals, 
vehicles, boats and gear in the Punjab for the purposes of military transport: 
  It is hereby enacted as follows:– 
Preliminary 
1. Short title and local extent .– (1) This Act may be called the Punjab Military 
Transport Act, 1916. 
 (2) It extends to the Punjab. 
2. Repeal.– The Punjab Military Transport Animals Act, 1903, is hereby repealed. 
Liability to impressment 
3. Liability to impressment .– (1) All animals, vehicles, and boats, together with gear 
and equipment for the same , shall be liable to be impressed for military transport, whether 
for service within or without the limits of 
3
[Pakistan], in accordance with the provisions of this 
Act. 
Explanation.– “Vehicles” shall be deemed to include also doolies, dandies, jhampans an d 
palkies. 
 (2) Impressment may be for hire or for purchase. 
Appointment of officers 
4. Appointment of Transport Inspection Officers and Transport  Assistants.– (1) 
The 
4
[
5
[Federal Government]] may, by notification appoint any person to be a Transport 
Inspection Officer or Transport Assistant for the purposes of this Act, and may define the 
area within which he shall exercise his powers. 
                                                           
1For Statement of Objects and Reasons, see Punjab Gazette, 1915, Part V, pp. 90-92, for Select Committee’s Report, see ibid., 
Part V, pp. 185-190; for Debates in Council, see ibid., Part V, pp. 115-118, 208-210. 
2This Act received the assent of the Lieutenant -Governor of the Punjab on 2 nd December, 1915; that of the Governor -General 
on 24th January, 1916; and, was published in the Punjab Gazette, Part V, dated: 11th February, 1916, pp. 1-5. 
3Substituted for the word “India” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-Adp., dated 28 th 
May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2 (1) and Schedule.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
5Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
 (2) All the powers conferred on a Transport Inspection Officer or Transport 
Assistant by this Act shall, unless the 
1
[
2
[Federal Government]] by special order otherwise 
directs, be exercised by him subject to the control of the Deputy Commissioner. 
 (3) All Transport Inspection Officers and Transport Assistants shall be deemed to 
be public servants within the meaning of the 
3
[Pakistan Penal Code]. 
5. Meaning of term “Collector” .– In this Act “Collector” shall include any person 
appointed by the 
4
[
5
[Federal Government]] or by the Deputy Commissioner to exercise the 
functions of a Collector under this Act. 
Enumeration and inspection 
6. Enumeration and inspection .– The 
6
[
7
[Federal Government]] may make rules for 
the enumeration and inspection of animals or things liable to impressment under this Act, 
and may by rule require any person owning or keeping any such animal or thing to produce it 
for enumeration or inspection at such time and place within the limits of the village in which 
he ordinarily resides or in which he holds or cultivates land as the enumerating or inspecting 
officer may fix and to give such information regarding such animal or thing as the rules may 
prescribe. 
Impressment for active service or grave emergency 
7. Declaration authorising impressment.– (1) On any occasion of the mobilization of 
troops for active service or at any time during the employment of troops on active service or 
on any occasion which, in the opinion of the 
8
[
9
[Federal Government]], is one of grave 
emergency the 
10
[
11
[Federal Government]] may by notification or written order declare that all 
or any animals or all or any things liable to impressme nt may be impressed for the purpose 
of military transport in the manner hereinafter appearing. 
 (2) Direction to Collector.– At any time after the issue of such a declaration the 
12
[
13
[Federal Government]] or any person authorised in this behalf by the 
1
[
2
[Federal 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
2Substituted for the words “Central Go vernment” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
3Substituted for the word “Indian Penal Code” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1) 63-
Adp., dated 28th May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) 
and Schedule. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
5Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975 , published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
7Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
9Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
11Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
12Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
13Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
Government]] may direct the Collector to take steps to provide within a reasonable time to be 
specified in the direction such animals or things as are stated to be required from his district 
for the purposes of military transport. 
8. Order for colle ction and power to seize .– (1) On receiving a direction under the 
preceding section the Collector shall forthwith issue orders requiring the persons therein 
named to collect the animals or things therein specified at the time and place appointed by 
the Collector. 
 (2) Such orders may be addressed to any Transport Assistant or to any Revenue 
Officer or to any zaildar, inamdar, or village officer. 
 (3) Any person owning or keeping animals or things liable to impressment shall, 
when required by any Transport A ssistant or Revenue Officer or any zaildar, inamdar or 
village officer in pursuance of an order issued under sub -section (1), be bound to produce 
the same at the time and place appointed by the Collector. 
 (4) Should any such person refuse or fail so to produce the animals or things, the 
Transport Assistant or other officer to whom the order is addressed may seize them by force. 
9. Obligation of person in charge to proceed with animal to collecting centre .– 
Except as may otherwise be provided by rules made in this behalf by the 
3
[
4
[Federal 
Government]] the person in charge for the time being of any animals or things impressed 
under this Act or such other person competent to take charge thereof as may be appointed 
by the person in charge shall proceed with su ch animals or things to the place appointed by 
the Collector under section 8(1). 
10. Notice regarding claim for compensation .– Notice shall be given by the Collector 
of the time and place at which claims for compensation for any animals or things impressed  
may be made. 
11. Selection of animals, Replacement of rejected animals or things .– Any person 
authorised in this behalf by the 
5
[
6
[Federal Government]] may approve as suitable for hire or 
for purchase or may reject as unsuitable any animals or things coll ected or seized in 
accordance with section 8, and may require the Transport Assistant or other officer who 
collected or seized the rejected animals or things to collect or seize others in place thereof, 
and for such further collection or seizure the order issued under section 8 (1) shall be 
deemed to be valid authority. 
12. Committee of assessment.– (1) When any animal or thing has been so approved a 
Committee of assessment constituted as the 
7
[
1
[Federal Government]] may by general or 
special order direct shall record– 
                                                                                                                                                                                     
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
2Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
4Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
6Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
(a) a brief description of such animal or thing; 
(b) the name and address of the owner, if known; 
(c) the name and address of the person in charge; 
(d) the market value at the time of the award according to the opinion of the 
Committee. 
 (2) One member of every Committee of assessment shall be a “Land -owner” as 
defined in the Punjab Land Revenue Act. 
13. Taking possession .– Any officer appointed by the 
2[3
[Federal Government]] or by 
any person authorised in this behalf by the 
4
[
5
[Federal Government]] may take possession on 
behalf of 
6
[the 
7
[Federal Government]] of any animal or thing in respect of which the 
Committee has recorded the particulars prescribed by section 12. 
 If the animal or thing is to be purchased, the said officer shall forthwit h deposit with 
the Committee a sum equivalent to the value thereof as fixed by the Committee plus fifteen 
per cent. and upon such deposit the animal or thing shall become the absolute 
8
[property of 
the 
9
[Government]. 
 If the animal or thing is hired, 
10
[the 
11
[Federal Government]] shall pay hire at such 
rates as it shall from time to time fix. 
14. Value fixed to be final .– The value fixed by the Committee for any animal or thing 
shall be conclusive as between the 
12
[
13
[Federal Government]] and any person claimi ng any 
interest therein. 
15. Payment.– (1) When any sum is deposited with the Committee under section 13 the 
Committee shall, except in the cases specified in the next sub -section, pay the same to the 
person whom they consider prima facie entitled thereto. 
                                                                                                                                                                                     
1Substituted for the words “Central Government” by the Federal Adaptations of Laws Ord er, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
3Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
5Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
7Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
8Substituted for the words “property of the Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937 , 
dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
9Substituted for the word “Crown” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-Adp., dated 28th 
May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aap, s. 2(1) and Schedule. 
10Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
11Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazett e of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
12Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
13Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
 (2) If he shall not consent to receive such sum, or if there be no person present 
competent to sell the animal or thing, or if there be any dispute as to the title to receive 
compensation or as to the person to whom the same is payable or as to the appor tionment 
of the same, the Committee shall deposit the said sum with the Collector, and the Collector 
shall pass orders as to the payment, investment or disposal of the same, and such order 
shall be final as between the 
1
[
2
[Federal Government]] and any pers on claiming any interest 
therein. 
16. Power to call for information .– The Collector may require any person claiming 
compensation in respect of any animal or thing impressed under this Act to state the name 
of every other person whom he knows or believes to  possess any interest in such animal or 
thing and also the nature of such interest. 
17. Procedure when animal or thing is purchased when on hire .– (1) Any animal or 
thing hired in accordance with the foregoing provisions may be purchased at any time by 
3
[the 
4
[Federal Government]] for a sum equivalent to the value fixed by the Committee under 
section 12 plus fifteen per cent. 
 (2) Notice of such purchase shall be sent by registered post to the Collector, and 
the purchase money shall be deposited with him. 
 (3) The Collector shall give notice of the purchase to the owner or the keeper of 
the animal or thing. 
 (4) The Collector shall deal with the purchase money as if it were a sum 
deposited with him under section 15(2) of this Act. 
 (5) When notice has been s ent to the Collector under sub -section (2) of this 
section the animal or thing shall become the absolute property of 
5
[the 
6
[Government]. 
18. Compensation payable for loss of animal or thing hired.– Compensation shall be 
payable by the 
7
[
8
[Federal Governme nt]] for the loss, destruction or deterioration of any 
animal or thing hired under this Act, but shall not exceed a sum equivalent to the value fixed 
by the Committee under section 12 plus fifteen per cent. 
Explanation.– The compensation so payable shall b e in a ddition to any sum due as hire. 
Impressment for hire otherwise than for active service or grave emergency 
19. Impressment for hire otherwise than for active service .–. (1) The 
9
[
1
[Federal 
Government]] may make rules to provide for the impressment for hire for purposes of military 
                                                           
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
2Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
3Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
4Substituted for the words “Central Government” by the Federal Adapt ations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
5Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws ) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
6Substituted for the word “Crown” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-Adp., dated 28th 
May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) and Schedule. 
7Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
8Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
transport within 
2
[Pakistan], on occasions other than those specified in section 7, of any 
animal or thing liable to impressment under this Act, and for the terms and conditions of such 
impressment. 
 (2) Any animal or thing l iable to impressment under this Act may be impressed 
for hire in accordance with such rules. 
Miscellaneous 
20. Compensation claimable only in accordance with Act .– No compensation shall 
be claimable on account of any animal or thing impressed in accordance with this Act except 
as provided in this Act; but nothing in this section contained shall affect the liability of any 
person to whom the whole or any part of any compensation awarded under this Act has 
been paid to pay the same to the person lawfully entitled thereto. 
21. Power of entry .– Subject to any rules made in this behalf by the 
3
[
4
[Federal 
Government]], the Collector or any Transport Inspection Officer or Transport Assistant or any 
officer to whom an order under section 8 is addressed shall be enti tled at all reasonable 
times to enter for the performance of any duty imposed on him by this Act any place where 
he has reason to believe that any animal or thing suitable for military transport may be found, 
and to inspect any animal or thing found there. 
22. Obligation to render aid .– Every person shall be bound to assist any Transport 
Inspection Officer, Transport Assistant or Revenue Officer or any zaildar, inamdar or village 
officer, who reasonably demands his aid in the execution of any duty imposed by this Act. 
23. Service of notice.– Service of any notice under this Act or rules thereunder may be 
made by registered post or by delivering or tendering a copy thereof signed by the officer 
therein named or by beat of drum or other customary method or by the posting of a copy 
thereof in some conspicuous place in the village or town. 
24. Power to summon and enforce attendance of witnesses and production of 
documents.– For the purposes of enquiries under this Act, the Collector shall have power to 
summon and enforce the attendance of witnesses, including the parties interested or any of 
them, and to compel the production of documents by the same means and (so far as may 
be) in the same manner as is provided in the case of a Civil Court under the Code of Civil  
Procedure. 
25. Establishment of depots for safe custody of loads .– (1) The Collector shall 
provide one or more suitable depots at which goods carried by animals or things impressed 
under this Act may be deposited. 
 (2) Any person depositing any goods at a  depot shall on demand by the person 
in charge of the depot give to the best of his information the names and addresses of the 
consignor and consignee of the goods and of the owner of the animal or thing by or in which 
the goods were being carried, and a description of the goods. 
                                                                                                                                                                                     
1Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
2Substituted for the word “India” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-Adp., dated 28 th 
May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
4Substituted for the words “Central Government” by the  Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
 (3) The Collector shall cause a notice to be sent by registered post to the 
consignor and consignee of the goods, informing them of the deposit of the goods and 
calling upon the consignee to take delivery thereof. 
 (4) If delivery  of the goods is not taken within three months from date of the 
deposit, the Collector may cause them to be sold by auction, provided that if the goods are 
perishable they may be sold forthwith. 
 (5) The responsibility of the 
1
[
2
[Federal Government]]
 
for the loss, destruction  or  
deterioration  of  goods  deposited at a depot under this section  shall be  that  of  a  bailee  
under  sections 151 and 152 of the 
3
[Contract Act], 1872, provided that 
4
[the 
5
[Federal 
Government]] shall not be liable for any los s resulting in any way from the detention of the 
goods or from their sales under sub-section (4). 
 (6) The Collector shall pay the sum realised from the sale to the person who 
appears to him to be entitled thereto, and after such payment no suit to recover  such sum or 
any part thereof shall be brought against the  6
[
7
[Government]] by any person claiming to be 
entitled thereto: 
 Provided that nothing herein contained shall affect the liability of any person to whom 
any sum has been paid by the Collector under  this sub -section to pay the same to the 
person lawfully entitled thereto. 
26. Certain suits barred .– (1) No suit for any default due to proceedings taken under 
this Act shall lie against the owner or person in charge of any animal or thing impressed 
under this Act or any person liable in respect of any contract connected with such animal or 
thing. 
 (2) No Civil Court shall take cognizance of the manner in which the 
8
[
9
[Federal 
Government]] or any person exercises any power vested in it or in him by or under this Act. 
 (3) No suit shall lie against the  10
[
11
[Government]] or any officer or person for 
damages for any act in good faith done or ordered to be done in pursuance of this Act. 
 (4) Nothing in this section shall be deemed to bar a suit for compensation for the 
loss, destruction or deterioration of goods in accordance with section 25(5) of this Act. 
                                                           
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
2Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
3Substituted for the word “Indian Contract Act” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-
Adp., dated 28th May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) 
and Schedule. 
4Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
5Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
7Substituted for the word “Crown” by the Central Adaptation of Laws Order, 1964, vide Notification No.F.2(1)63-Adp., dated 28th 
May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) and Schedule. 
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
9Substituted for the words “Centr al Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
10Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
11Substituted for the word “Crown” by the Central Adaptation of Laws Order, 1964, vide Notification No.F .2(1)63-Adp., dated 
28th May, 1964, published in the Gazette of Pakistan (Extraordinary), dated May 28,1964, pp. 251c-251aap, s. 2(1) and 
Schedule. 
27. Exclusion of legal practitioners .– No legal practitioner shall be entitled as such to 
appear in any proceedings under this Act. 
28. Penalties.– Any person who– 
(1) without reasonable excuse refuses or fails to comply with any order lawfully 
given under this Act requiring him to produce any animal or thing, or 
(2) with intent to avoid the production or impressment of any animal or thing 
removes or conceals s uch animal or thing or obstructs the production or 
impressment thereof, or 
(3) omits to do anything which he is legally bound to do under th is Act or the 
rules thereunder, shall be punishable with fine which may extend to fifty 
rupees, or should  the offen ce be committed on an occasion of the 
mobilization of troops proceeding on active service, shall be punishable with 
imprisonment of either description not exceeding three months or fine which 
may extend to one hundred rupees, or both. 
29. Cognizance of off ences.– No Court shall take cognizance of any offence 
punishable under this Act except with the previous sanction of the Deputy Commissioner. 
30. Power to make rules.– The 
1
[
2
[Government]] may make rules consistent with this Act 
for carrying out the provisions of this Act, and in particular may make rules– 
(a) defining the duties and powers of Transport Inspection Officers and Transport 
Assistants; 
(b) providing for the constitution and defining the powers and duties of 
committees appointed under section 12; 
(c) providing for the establishment and maintenance of depots under section 25, 
and for the safe custody of goods deposited thereat; 
(d) fixing the compensation payable 
3
[by the 
4
[Federal Government] for the loss, 
destruction or deterioration of any animal or thing hired under this Act; 
(e) fixing the subsistence or other allowance payable on account of animals or 
things collected or seized under this Act; and 
(f) prescribing forms for such registers, books, statistics, accounts or receipts as 
the 
5
[
6
[Federal Government]] may think necessary to be kept, made, compiled, 
or given and specifying the particulars to be entered therein. 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
2Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
3Substituted for the words “by Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
4Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344. 
6Substituted for the words “Central Government” by the Federal Adaptations of Laws Order, 1975, published in the Gazette of 
Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, s. 2(3) and Table of General Adaptations.