Ranjan Gogoi, J.

1. In exercise of the referred jurisdiction vested in us on a reference being made by a Division Bench of this Court, the following two questions are required to be answered :

(1) Whether a private vehicle can be requisitioned under the Act; and

(2) Whether a scooter or a motorcycle will come within the definition of vehicle as given under Section 3 of the Act.

2. The present reference has been made in the following circumstances.

A Division Bench of this Court in the case of Hemanta Kumar Sarma and Ors. v. State of Assam and Ors., reported in (1991) 1 GLR 52 has held that the power of requisition of vehicles under Section 3 of the Assam Requisition and Control of Vehicles Act, 1968 (herein after referred to as 'the Act') would not extend to private vehicles and the Division Bench had, accordingly, read down the provisions of Section 3 of the Act to exclude private vehicles. Another Division Bench of this Court hearing the present writ petition having taken the view that the law laid down in Hemanta Kumar Sarma (supra) needs reconsideration, the matter has been referred to a larger Bench and that is how we are in seisin of the two questions reproduced above. Thi