[Motor Vehicles (1[Tamil Nadu] Amendment) Act, 1968]*
| 1[Tamil Nadu Act No. 18 of 1968]2 | [26th September, 1968] |
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 Nineteenth Year of the Republic of India as follows:-
1 These words were substituted for the word "Madras" 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 19th August, 1968, Part IV-Section 3, pages 65-66.
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 26th September, 1968, first published in the Fort St. George Gazette Extraordinary, on the 26th September, 1968 Asvina 4, 1890
1. Short title, extent and commencement.- (1) This Act may be called the Motor Vehicles (1[Tamil Nadu] Amendment) Act, 1968.
(2) It extends to the whole of the 3[State of Tamil Nadu].
(3) It shall be deemed to have come into force on the 4th April, 1968.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
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.
2. Amendment of section 47, Central Act IV of 1939.- After clause (c) of sub-section (1) of section 47 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) (hereinafter referred to as the principal Act), the following clause, shall be inserted, namely:-
"[*(cc)] the publication of a scheme under section 68-C in respect of service of stage carriages;".
* The clause (cc) was re-lettered as clause (c) by section 2 of the Tamil Nadu Act 16 of 1971.
3. Amendment of section 58, Central Act IV of 1939.- After sub-section (2) of section 58 of the principal Act, the following sub-section shall be inserted, namely:-
"(2-A) Notwithstanding anything to the contrary contained in this Chapter, the Regional Transport Authority shall, in considering an application for the renewal of a stage carriage permit, have regard also to the publication of a scheme under section 68-C in respect of service of stage carriages.".
4. Amendment of section 68-A, Central Act IV of 1939.- In clause (b) of section 68-A of the principal Act,-
(i) in item (i), the words "or a State Government" shall be omitted;
(ii) after the said item (i), the following item shall be inserted, namely:-
"(i-a) the State Government;"
5. Insertion of new section 68-CC in Central Act IV of 1939.- After section 68-C of the principal Act, the following section shall be inserted, namely:-
"68-CC. Issue of temporary permit to the State transport undertaking.- (1) Notwithstanding anything to the contrary contained in Chapter IV or in this Charter, after the date of the publication of a scheme under section 68-C in respect of service of stage carriages (whether such publication was before or after the 4th April, 1968), the State transport undertaking may apply for a temporary permit in respect of the area or route or portion thereof specified in the said scheme, and on such application, the Regional Transport Authority shall issue such temporary permit to the State transport undertaking.
(2) A temporary permit issued under sub-section (1) shall be effective till the grant of permit to the State transport undertaking under sub-section (1) of section 68-F:
Provided that if the scheme is not approved under sub-section (2) of section 68-D, the temporary permit shall be effective till the expiration of a period of one week from the date of refusal to approve the scheme under sub-section (2) of section 68-D.".
6. Insertion of new section 68-HH in Central Act IV of 1939.- After section 68-H of the principal Act, the following section shall be inserted, namely:-
"68-HH. Delegation of powers.- The State Government may, by notification, direct that the powers ??? under this Chapter or the rules made thereunder State transport undertaking as defined in clause ??? of section 68-A shall, in relation to such matters and subject to such conditions, as may be specified in such notification, be exercisable also by such authority or gazetted officer subordinate to the State Government as may be specified in the notification.".
7. Act to apply to pending applications, etc.- All applications for, and proceedings relating to the ??? of a stage carriage permit or the renewal of a stage ??? permit, pending before any court, authority or officer on the 4th April, 1968, shall be disposed of under ??? principal Act as amended by this Act.
8. Repeal of Madras Ordinance of 1968.- The Motor Vehicles (Madras Amendment) Ordinance, 1968 (Madras Ordinance 1 of 1968), is hereby repealed.