Tamil nadu act 048 of 1974 : Motor Vehicles (Tamil Nadu Amendment) Act, 1974

Preamble

Motor Vehicles (Tamil Nadu Amendment) Act, 1974*

[Tamil Nadu Act No. 48 of 1974]*[8th November, 1974]

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

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-fifth Year of the Republic of India at follows:-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 16th August, 1974, Part IV - Section 1, Pages 187-188.

* Received the assent of the President on the 4th November, 1974, first published in the Tamil Nadu Government Gazette Extraordinary on the 8th November, 1974 Aippast 22, Anantha 2005 - Tirmalhivar Andu

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Motor Vehicles (Tamil Nadu Amendment) Act, 1974.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 47, Central Act IV of 1939

2. Amendment of section 47, Central Act IV of 1939.- In section 47 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) (hereinafter referred to as the principal Act),-

(1) in sub-section (1), in the proviso, for the words "a co-operative society", the words "any State Transport Undertaking or a co-operative society" shall be substituted;

(2) after sub-section (3), the following Explanation shall be added, namely:-

"Explanation-For the purposes of this section and section 62-DD, the expression ‘State Transport Undertaking’ shall mean the State Government or any transport corporation or company owned or controlled by the State Government.".

Section 3. Insertion of new section 62-DD in Central Act IV of 1939

3. Insertion of new section 62-DD in Central Act IV of 1939.- After section 62-D of the principal Act, the following section shall be inserted, namely:-

"62-DD. Permission to be granted to transfer permits to State Transport Undertaking.- Notwithstanding anything contained in section 62-D, where the holder of stage carriage permits in excess of ten, applies to the transport authority for permission to transfer to any State Transport Undertaking any stage carriage permit under sub-section (1) of section 59, the transport authority shall grant such permission.".

Section 4. Amendment of section 130, Central Act IV of 1939

4. Amendment of section 130, Central Act IV of 1939.- In section 130 of the principal Act,-

(1) in sub-section (1), in clause (ii),-

(i) in sub-clause (b), the word "or" shall be added at the end;

(ii) after sub-clause (b), the following sub-clause shall be added, namely:-

"(c) may, by a specified date, prior to the hearing of the charge, remit to the court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the court may specify and plead guilty to the charge in the money order coupon itself:";

(2) in sub-section (2), after the words "with the letter", the words "or the money order, as the case may be" shall be inserted.

Section 5. Amendment of section 133, Central Act IV of 1939

5. Amendment of section 133, Central Act IV of 1939.- In section 133 of the principal Act, sub-section (1) shall be omitted.

Section 6. Amendment of Fifth Schedule to Central Act IV of 1939

6. Amendment of Fifth Schedule to Central Act IV of 1939.- In the Fifth Schedule to the principal Act, in Part B, items 1, 5, 6, 7, 8, 9, 10 and 13 and the entries relating thereto shall be omitted.