Tamil nadu act 003 of 1964 : Motor Vehicles (Tamil Nadu Amendment) Act, 1964

Preamble

[Motor Vehicles (1[Tamil Nadu] Amendment) Act, 1964]*

1[Tamil Nadu Act No. 3 of 1964]2[19th February, 1964]

An Act further to amend the Motor Vehicles Act, 1939 in its application to the 3[State of Tamil Nadu].

Be it enacted by the Legislature of the 3[State of Tamil Nadu] in the Fourteenth Year of the Republic of India as follows:-

1 These words were substituted, for the word "Madra" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 17th January, 1964, Part IV - Section 3, page 11.

3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Received the assent of the President on the 13th February, 1964, first published in the Fort St. George Gazette on the 19th February, 1964 Magha 30, 1885

Section 1. Short title

1. Short title.- This Act may be called the Motor Vehicles (1[Tamil Nadu] Amendment) Act, 1964.

1 These words were substituted, for the word "Madra" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Amendment of section 48, Central Act IV of 1939

2. Amendment of section 48, Central Act IV of 1939.- In section 48 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) (hereinafter referred to the principal Act),-

(i) sub-section (2)* shall be omitted;

(ii) in sub-section (3),-

(a) clause (i) shall be renumbered as clause (i-a) ??? before that ??? renumbered, the following ??? shall ??? namely:-

*"(i) that the stage carriage or stage carriages ??? used only on a specified route or routes or in a ??? area;";

(b) for sub-clause (a) of clause (xxi†) the following sub-clauses shall be substituted, namely:-

"(a) vary, extend or ??? the route or routes ??? the area specified in the permit:

Provided that in the case of-

(1) variation, the termini shall not be altered, and the ??? covered by the variation shall not exceed twenty ??? kilometres;

(2) extension, the distance covered by the extension ??? not exceed twenty-four kilometres from the termini;

(aa) vary any other condition of the permit;".

* Sub-section (2) of section 48 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) was subsequently omitted by section 22(a) of the Motor Vehicles (Amendment) Act, 1969 (Central Act 56 of 1969).

* In sub-section (3) of section 48 of the Motor Vehicles Act, 1939, following ??? were substituted for clause (i) by section ??? of the Motor Vehicles (Amendment) Act, 1969 (Central Act 56 of 1969):-

"(i) that the vehicle or vehicles shall be used only in a specified ??? or on a specified ??? or routes;

(i-a) that the service or any specified part thereof shall be ??? with effect from a specified date;

† In sub-section (3) of section 48 of the Motor Vehicles. Act, ??? to clause (xxi) the following proviso was added by section ??? of the Motor Vehicles (Amendment) Act, 1969 (Central ??? 56 of ???):-

"Provided that the conditions specified in pursuance of clause ??? shall not be varied so as to alter the distance covered by the ??? route by more than 24 kilometres, and any variation within ??? limits shall be mode only after the Regional Transport Authority is ??? that such variation will serve the public ??? that it is not expedient to grant a separate permit in ??? of the original route as so ??? or any part thereof."

Section 3. Omission, of sections 48-A, 51-A and 56-A, Central Act IV of 1939

3. Omission, of sections *48-A, 51-A and 56-A, Central Act IV of 1939.- Sections* 48-A, 51-A and 56-A of the principal Act shall be omitted.

* The following section 48-A was again inserted by section 4 of the Motor Vehicles (Tamil Nadu Second Amendment) Act, 1971 (Tamil Nadu Act 16 of 1971), which was deemed to have come into force on the 18th June, 1971:-

"48-A. Benami applications for stage carriage pernits to be rejected.- Notwithstanding anything contained in this Act, a Regional Transport Authority shall refuse to grant or renew a stage carriage permit if it appears to such authority, after making, such enquiry as it deems fit, that the application for such permit is benami:

Provided that no such refusal shall be made unless the Regional Transport Authority has given the applicant a reasonable opportunity of being heard."

Section 4. Amendment of section 57, Central Act IV of 1939

4. Amendment of section 57, Central Act IV of 1939.- In sub-section (8) of section 57 of the principal Act, after the words "by the inclusion of a new route or routes or a new area", the words "or by the variation, extension or curtailment of the route or routes or the area specified in the permit" shall be inserted.

Section 5. Special provision in regard to existing stage carriage permits and validation of certain proceedings and orders

5. Special provision in regard to existing stage carriage permits and validation of certain proceedings and orders.- (1) Notwithstanding anything contained in the principal Act, the route or routes or the area specified, in every stage carriage permit granted before the commencement of this Act shall be deemed to be a condition attached to such permit under sub-section (3) of section 48 of the principal Act, as if this Act were in force on the date of grant of such permit.

(2) Notwithstanding any judgment or order of any court, all proceedings taken for the grant of, and all orders passed granting, any variation, extension or curtailment of the route or routes or the area specified in a stage carriage permit before the commencement of this Act by the State Transport Authority or by a Regional Transport Authority or by an authority or person to whom the powers and functions of the Sate Transport Authority or a Regional Transport Authority have been delegated, or by an authority exercising the powers of appeal or revision against to orders of the State Transport Authority or a Regional Transport Authority, shall not be ??? to be invalid merely by reason of the fact that the State Transport Authority or the Regional Transport Authority, as the ??? may be, had no power to grant such variation, extension or curtailment and all such proceedings taken or orders passed shall be deemed always to have been validly taken or passed in accordance with law notwithstanding the distance covered by the variation or extension exceeded twenty-four kilometres.

SECTIONS