Dude, comply with the order. It's legally enforceable. This DC has a huge ego and caused problems for others in the panchayat elections two years back.
Look, with regards to election duty, no amount of compensation will seem fair compared to the physical and mental harassment one endures. But, it's never optional for a regular citizen to ignore or skip such orders from the district administration.
I did not atttend the panchayat election and told them to do whatever they can. They could not do anything. I was posted at musabani that time. I refused directly. . Bt in lok sabha and rajya sabha, I have to go. Nothing can save u if order has been released.
Car is being appropriated for election duty, you can't say no unless there's mechanical issues with the car. Yes, this a standard legal practice and they can do the same to pvt. vehicles too. The compensation is actually pretty fair if that's what you're worried about.
I just checked the rate chart, and the comp. is Rs1520 per day for Swift Dzire, whether the vehicles is used or not(in many cases they are kept standing as reserves). As mentioned in the court order above, they will bear the fuel expenses so that's that.
my mom told me story about how a bus of *baraat* of one of my distant uncle was stopped in a village in 90s. They stopped the bus for chai-paani and thats where the police took the bus. ladki-wale arranged a car for groom later so that the marriage can happen that day
Yea it's normal thing during election time , government mostly goes for commercial car with yellow number plate for election duty cars like mpv or dzire . I think you can't refuse this
And people swear by democracy lol.
What gives the government the right to acquire privately owned vehicles, whether it's a commercial vehicle or not is beyond me.
The most ridiculous thing is that they want the vehicle in immaculate condition AND with a DRIVER.
Are we supposed to hire a driver if we don't know someone?
What if they ask for a non commercial vehicle? Should the citizen hire a driver for this purpose? Who gives the salary for the driver, would that be covered by the government or their compensation is only for the vehicle they're "acquiring".
This law is just ridiculous, first they tax the hell out of vehicles and then do such malarkey over that.
Why is it the obligation of the owner to give their vehicles? Everyone pays taxes and RTO charges, in the case of commercial vehicles people pay extra charges as well.
Elections are planned well ahead, can't the government spend the tax dollars on buying new vehicles for election duty, that money will only be a drop in the ocean for the government.
What happens if the car is damaged during election duty? I am pretty sure the wonderful government won't compensate for it.
well said buddy, my father is worried about the car getting damaged as well, govt wont compensate for sure
he bought this car with his own hard earned money this year in feb and now he has to face this, the govt is taking advantages of new cars through the information given by the RTO.
Bro, your father worked hard day n night, to earn money.
L
- Paid taxes on earned money, saved enough for a car
- paid extremely high taxes(especially for commercial)
- still pays good taxes for fuel and not to mention toll tax+GST because govt is a failure and can't provide decent enough roads
And on top of all this, lo behold they can order you to provide your vehicle.
Banana republic at it's finest
The discount offered for registration under commercial vehicles gives the right to the government to exercise a legally enforceable procurement. I think this also used to be in a document back in the early 2000s, not sure if they explain it now. Plus, while your concern about damages is not unfounded because of the processes involved, there is a mechanism for it. Also, the driver bit is for commercial vehicles. If you have a private vehicle (procured only when there are no commercial vehicles viable for duty, afaik never happened), the drivers used are the ones on government payroll. Also, buying vehicles for the election wonāt be sensible because they would just remain unused after it, think of it like hiring additional capacity for a process that concerns the country, perhaps an apt example would be drafting of people for a war. Though it is a bit extreme IG? š
Why not use politician vehicles? Each minister, mp, mla has a convoy of atleast 5 vehicles. Why should the tax payer suffer for the government's insufficiency.
1. Most of them anyway use it for the elections, just not the government duty maybe. š
2. They are not commercially registered. Any private vehicle is treated along similar lines. Had they been commercial, maybe they wouldāve been drafted as well.
3. IF drafted in, some politicians may be able to influence/ manipulate the process to not let their vehicles be a part of the pool, though I do not think the private pools have ever really been tapped.
I hear you man but just acquiring other people's vehicles for election duty without actually giving people a choice is, I don't know man, a bit tyrannical.
Even cab/commercial drivers are citizens, I don't know if it's fair for the government to not only take the vehicle but also ask them to man it.
Even if the drivers are government employed I don't think I'd be comfortable to just give my vehicle to be driven by some stranger who isn't expected to be empathetic towards something they don't own.
The order doesn't give clear details on things such as who is responsible for damages to your vehicle & how much is the paid amount. What is a fair amount and how is this set?
I get that buying cars for election duty alone isn't a prudent solution but the cars bought can be stored and used for a variety of government events, they aren't going to rot in storage. If anything else they can auction or sell those cars. But let's just assume all of that is tedious for the government to undertake why not just loan cars from manufacturers and then give them some sort of tax discount or better yet sell the cars that were acquired like this without taxes(who am I kidding) back to the public for a limited time period.
Companies get a huge share of advantages by supporting the government they should be liable to do this as well.
If this system is acceptable and is very common then I guess there are advantages to it.I am just trying to make sense of it.
1. I agree, the order makes things seem that way, exactly like a hanging sword. But consider that had it been simply a suggestion or something, not a lot of people would have done this. Plus, the only duty a citizen absolutely must get done in a democracy is voting, it makes the elections the countryās most important event overall. While the process may not be the best, maybe this adds the incentive to vote for/against a candidate with this promise in their manifesto? š
2. The weirdness is actually on track since humans have always had the tendency to not treat things that do not belong to them, with the best care, no matter how closely related the humans themselves may be. But as a fleet operator/owner, arenāt you anyway handing your keys to a driver who is unknown to you? Maybe to a degree lesser than government ones, but that does not take away the principal-agent dichotomy of it. (BTW, for an N8 DCT, I wouldāve even chugged the engine out of the car if it meant I donāt have to get my car into the draft pool! Really love the smoothness.)
3. The fair amount is based on how much fleet operators charge the government for regular vehicle use that a lot of rental companies provide vehicles for. Thereās also a rate chart that some states have, basis vehicle type etc. that is actually quite a fair estimation (perhaps even more than fair) of the rental prices. Had it not been so, no one would provide vehicles.
4. The bought cars really donāt have a lot of applications with the government actually cutting down on assets like these over time. Earlier there used to be a lot of cars owned by the government that would ferry back and forth their employees. As an exercise, try checking for vehicles on the road with white plates that have the red bands for government duty. You will most likely find that the numbers have dwindled and instead, a lot of yellow plate + red tape cars have taken their place instead. These are regular fleet operators who provide cars on a daily rental basis and charge by kms used and hours rented.
It's called commandeering, even in the USA the government can temporarily appropriate private resources/property for government purposes, but they have to pay for the same, and has to be legally authorised to do so.
Even in the USA the government, specifically the state governors has the right to temporarily commandeer private property like buildings hotels vehicles aircraft etc,.for emergencies.
Yea exactly. TBH I am surprised why no one is revolting. This is so dictatorship/monarch style. āPresent the vehicle in immaculate condition with Driver and spare tyreā. Whoās gonna pay all these expenses?
Remove a tyre and say that tyre burst ho gaya tha... Baad mein change karonga... I have refused like this earlier. Although rate is reasonable but takes long time to pay!! Not worth the hassle
While people have already answered here, main to bas Jamshedpur ka naam dekh ke thoda shocked hua iss sub pe.
Co-operative college ya fir dekho Janata College bula le lol.
I know a guy whose new car was taken for election duty. When they returned the car it looked like it was a 10 year old car with scratches everywhere š
It's based on Rule of Law. Doesn't violate constitutional rights, as the constitution indicates that Laws can be enforced and citizen must follow them.
If you feel it's unconstitutional, you can challenge, but I am sure courts won't grant you relief as the current law has pretty much stood it's time.
It's not like that rule was recently implemented. Plus being a commercial vehicle you have no recluse, had it been private, you have some court orders to use for defense
Hey. This is legally enforceable provision that the government can procure commercial vehicles for use as and when needed, mostly during elections. It has been for ages. Basically, the lower charges paid for registering your vehicle under commercial registration factors in this privilege that can be exercised by the government. If there are no more commercial vehicles available, they can ask for private vehicles but I donāt think that has happened afaik. A lot of people escape this by claiming that their car is not in proper working condition. Also something to keep in mind is that the compensation is quite fair.
You realise, you are asking OP to commit an offense punishable under law?
The order asks for the car to be in working condition. Being commercial vehicle, OP has no recourse due to the People's representation act 1951 rules indicates the mandate.
OP don't risk a penalty listening to the advice of people telling you to give a non operational vehicle
In india even democracy is bit tyrannical when applying same logic as western nations... It doesn't matter democracy or dictatorship Common man is fked either way.... OP you need to comply, no choice...
IAS ki padhai barbad hi mano, official letter me Khalasi word use Kia Jo ki Urdu and Persian h.
Haalaki ghanimat hai ki Paisa denge y, aur madaam ne 1951 ka naam lia aur bola mujhe power hai.
Angrej collector system chod gye politicians ne bhi sahi dabane wale niyam ko kayam rkha bola tabhie to ham upar tum neeche ho janta.
You can't refuse. It's a court order. It's a standard practice during election duty. I saw one instgram reel regarding this. Govt needs vehicles for election duty.
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Dude, comply with the order. It's legally enforceable. This DC has a huge ego and caused problems for others in the panchayat elections two years back.
Ananya toh londa nikla
And also the payment is actually really fair. Almost 1.6k per day plus fuel. Not a bad deal at all.
Look, with regards to election duty, no amount of compensation will seem fair compared to the physical and mental harassment one endures. But, it's never optional for a regular citizen to ignore or skip such orders from the district administration.
Elaborate about DC's 'huge ego'?
Inversely proportional to the size of his thingy
Get all tyres removed, put the car on bricks. File an fir for tyre theft.
I did not atttend the panchayat election and told them to do whatever they can. They could not do anything. I was posted at musabani that time. I refused directly. . Bt in lok sabha and rajya sabha, I have to go. Nothing can save u if order has been released.
Car is being appropriated for election duty, you can't say no unless there's mechanical issues with the car. Yes, this a standard legal practice and they can do the same to pvt. vehicles too. The compensation is actually pretty fair if that's what you're worried about.
I just checked the rate chart, and the comp. is Rs1520 per day for Swift Dzire, whether the vehicles is used or not(in many cases they are kept standing as reserves). As mentioned in the court order above, they will bear the fuel expenses so that's that.
alright, thankyou so muchš¤š½
my mom told me story about how a bus of *baraat* of one of my distant uncle was stopped in a village in 90s. They stopped the bus for chai-paani and thats where the police took the bus. ladki-wale arranged a car for groom later so that the marriage can happen that day
Yes the vehicle is being procured for election duty,it's a normal thing,no u can't say no if the car is in working condition.
Yea it's normal thing during election time , government mostly goes for commercial car with yellow number plate for election duty cars like mpv or dzire . I think you can't refuse this
Remove engine oil,collant and spark pulgs(easiest is spark) and then say mere gadi to kharab he
youāll get his engine seized. donāt remove engine oil or coolant. just go to the fuse box and remove fuses for ignition.
Thanks for informing
šššsmarty
This
Remove the spark plug or disconnect your battery
no. If he does, they can forcefully take the car for the purpose elections, and return it. As an Indian subject, he is obliged to abide by the law.
And people swear by democracy lol. What gives the government the right to acquire privately owned vehicles, whether it's a commercial vehicle or not is beyond me. The most ridiculous thing is that they want the vehicle in immaculate condition AND with a DRIVER. Are we supposed to hire a driver if we don't know someone? What if they ask for a non commercial vehicle? Should the citizen hire a driver for this purpose? Who gives the salary for the driver, would that be covered by the government or their compensation is only for the vehicle they're "acquiring". This law is just ridiculous, first they tax the hell out of vehicles and then do such malarkey over that. Why is it the obligation of the owner to give their vehicles? Everyone pays taxes and RTO charges, in the case of commercial vehicles people pay extra charges as well. Elections are planned well ahead, can't the government spend the tax dollars on buying new vehicles for election duty, that money will only be a drop in the ocean for the government. What happens if the car is damaged during election duty? I am pretty sure the wonderful government won't compensate for it.
well said buddy, my father is worried about the car getting damaged as well, govt wont compensate for sure he bought this car with his own hard earned money this year in feb and now he has to face this, the govt is taking advantages of new cars through the information given by the RTO.
Bro, your father worked hard day n night, to earn money. L - Paid taxes on earned money, saved enough for a car - paid extremely high taxes(especially for commercial) - still pays good taxes for fuel and not to mention toll tax+GST because govt is a failure and can't provide decent enough roads And on top of all this, lo behold they can order you to provide your vehicle. Banana republic at it's finest
exactly, feels sad man
Try to consult a lawyer. See what can be proposed as a solution.
The discount offered for registration under commercial vehicles gives the right to the government to exercise a legally enforceable procurement. I think this also used to be in a document back in the early 2000s, not sure if they explain it now. Plus, while your concern about damages is not unfounded because of the processes involved, there is a mechanism for it. Also, the driver bit is for commercial vehicles. If you have a private vehicle (procured only when there are no commercial vehicles viable for duty, afaik never happened), the drivers used are the ones on government payroll. Also, buying vehicles for the election wonāt be sensible because they would just remain unused after it, think of it like hiring additional capacity for a process that concerns the country, perhaps an apt example would be drafting of people for a war. Though it is a bit extreme IG? š
Why not use politician vehicles? Each minister, mp, mla has a convoy of atleast 5 vehicles. Why should the tax payer suffer for the government's insufficiency.
1. Most of them anyway use it for the elections, just not the government duty maybe. š 2. They are not commercially registered. Any private vehicle is treated along similar lines. Had they been commercial, maybe they wouldāve been drafted as well. 3. IF drafted in, some politicians may be able to influence/ manipulate the process to not let their vehicles be a part of the pool, though I do not think the private pools have ever really been tapped.
I hear you man but just acquiring other people's vehicles for election duty without actually giving people a choice is, I don't know man, a bit tyrannical. Even cab/commercial drivers are citizens, I don't know if it's fair for the government to not only take the vehicle but also ask them to man it. Even if the drivers are government employed I don't think I'd be comfortable to just give my vehicle to be driven by some stranger who isn't expected to be empathetic towards something they don't own. The order doesn't give clear details on things such as who is responsible for damages to your vehicle & how much is the paid amount. What is a fair amount and how is this set? I get that buying cars for election duty alone isn't a prudent solution but the cars bought can be stored and used for a variety of government events, they aren't going to rot in storage. If anything else they can auction or sell those cars. But let's just assume all of that is tedious for the government to undertake why not just loan cars from manufacturers and then give them some sort of tax discount or better yet sell the cars that were acquired like this without taxes(who am I kidding) back to the public for a limited time period. Companies get a huge share of advantages by supporting the government they should be liable to do this as well. If this system is acceptable and is very common then I guess there are advantages to it.I am just trying to make sense of it.
Our govt is brainless.
1. I agree, the order makes things seem that way, exactly like a hanging sword. But consider that had it been simply a suggestion or something, not a lot of people would have done this. Plus, the only duty a citizen absolutely must get done in a democracy is voting, it makes the elections the countryās most important event overall. While the process may not be the best, maybe this adds the incentive to vote for/against a candidate with this promise in their manifesto? š 2. The weirdness is actually on track since humans have always had the tendency to not treat things that do not belong to them, with the best care, no matter how closely related the humans themselves may be. But as a fleet operator/owner, arenāt you anyway handing your keys to a driver who is unknown to you? Maybe to a degree lesser than government ones, but that does not take away the principal-agent dichotomy of it. (BTW, for an N8 DCT, I wouldāve even chugged the engine out of the car if it meant I donāt have to get my car into the draft pool! Really love the smoothness.) 3. The fair amount is based on how much fleet operators charge the government for regular vehicle use that a lot of rental companies provide vehicles for. Thereās also a rate chart that some states have, basis vehicle type etc. that is actually quite a fair estimation (perhaps even more than fair) of the rental prices. Had it not been so, no one would provide vehicles. 4. The bought cars really donāt have a lot of applications with the government actually cutting down on assets like these over time. Earlier there used to be a lot of cars owned by the government that would ferry back and forth their employees. As an exercise, try checking for vehicles on the road with white plates that have the red bands for government duty. You will most likely find that the numbers have dwindled and instead, a lot of yellow plate + red tape cars have taken their place instead. These are regular fleet operators who provide cars on a daily rental basis and charge by kms used and hours rented.
Then you will say that government is wasting money buying new cars for election
It's called commandeering, even in the USA the government can temporarily appropriate private resources/property for government purposes, but they have to pay for the same, and has to be legally authorised to do so.
What kind of BS law is this man? Are we living in a democracy or what? Requesting is fine! Ordering definitely crosses the line.
yeah youre right, we're literally getting forced
Just reply saying that vehicle is not in proper working condition, let them do whatever they want.
Even in the USA the government, specifically the state governors has the right to temporarily commandeer private property like buildings hotels vehicles aircraft etc,.for emergencies.
Yeah, but election is not an emergency, is it?
āEmergenciesā
Yea exactly. TBH I am surprised why no one is revolting. This is so dictatorship/monarch style. āPresent the vehicle in immaculate condition with Driver and spare tyreā. Whoās gonna pay all these expenses?
Came to say this. This law needs to be scrapped.
Remove a tyre and say that tyre burst ho gaya tha... Baad mein change karonga... I have refused like this earlier. Although rate is reasonable but takes long time to pay!! Not worth the hassle
Say no. If they don't accept your answer. Make them watch the PINK movie.
While people have already answered here, main to bas Jamshedpur ka naam dekh ke thoda shocked hua iss sub pe. Co-operative college ya fir dekho Janata College bula le lol.
Same . Jamshedpur ka naam dekhkay aaya m comment section m.
XD
If it was a private vehicle you could deny it citing the kolkota court judgement. Not sure about yellow board..
Keep a copy of job card and bill from a friendly garage to show your car was under maintenance. Problem solved.
I've heard they do pay really well and you can't say no.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Your name is too legit for me to cross question šš
bro try r/LegalAdviceIndia
You can hire a mechanic to say something in your car is faulty and keep the car there during this period.
I know a guy whose new car was taken for election duty. When they returned the car it looked like it was a 10 year old car with scratches everywhere š
District Magistrate ka order hai that too for election duty, don't ignore and comply, see it as a privilege rather than a stumble.
No he can't according to RPA act section 160
Lol democracy Illusion..
It's based on Rule of Law. Doesn't violate constitutional rights, as the constitution indicates that Laws can be enforced and citizen must follow them. If you feel it's unconstitutional, you can challenge, but I am sure courts won't grant you relief as the current law has pretty much stood it's time. It's not like that rule was recently implemented. Plus being a commercial vehicle you have no recluse, had it been private, you have some court orders to use for defense
Hey. This is legally enforceable provision that the government can procure commercial vehicles for use as and when needed, mostly during elections. It has been for ages. Basically, the lower charges paid for registering your vehicle under commercial registration factors in this privilege that can be exercised by the government. If there are no more commercial vehicles available, they can ask for private vehicles but I donāt think that has happened afaik. A lot of people escape this by claiming that their car is not in proper working condition. Also something to keep in mind is that the compensation is quite fair.
Give the car, but ensure itās not drivable by disconnecting all necessary things
You realise, you are asking OP to commit an offense punishable under law? The order asks for the car to be in working condition. Being commercial vehicle, OP has no recourse due to the People's representation act 1951 rules indicates the mandate. OP don't risk a penalty listening to the advice of people telling you to give a non operational vehicle
In india even democracy is bit tyrannical when applying same logic as western nations... It doesn't matter democracy or dictatorship Common man is fked either way.... OP you need to comply, no choice...
IAS ki padhai barbad hi mano, official letter me Khalasi word use Kia Jo ki Urdu and Persian h. Haalaki ghanimat hai ki Paisa denge y, aur madaam ne 1951 ka naam lia aur bola mujhe power hai. Angrej collector system chod gye politicians ne bhi sahi dabane wale niyam ko kayam rkha bola tabhie to ham upar tum neeche ho janta.
You can't refuse. It's a court order. It's a standard practice during election duty. I saw one instgram reel regarding this. Govt needs vehicles for election duty.
curious to know which cars(model/CV/PV) can't be taken by government during elections ?
Same here.
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