Tamil Nadu Motor Vehicles (Special Provisions) (Cancellation of Variations of Conditions of Permit) Act, 1996*
| [Tamil Nadu Act No. 19 of 1996] | [4th July, 1996] |
An Act to cancel certain variations of conditions of permit granted under the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992
Whereas in G.O.Ms. No. 1935, Home (Transport-III) Department, dated the 29th day of December, 1995, an Explanation to rule 4 of the Tamil Nadu Motor Vehicles (Special Provisions) Rules, 1995, has been added and published in the Tamil Nadu Government Gazette, dated the 24th January, 1996;
And Whereas in G.O.Ms. No. 26, Home (Transport-III) Department, dated the 6th January, 1996, the first proviso to sub-rule (4) of rule 4 of the Tamil Nadu Motor Vehicles (Special Provisions) Rules, 1995 has been substituted and published in the Tamil Nadu Government Gazette, dated the 31st January, 1996;
And Whereas by virtue of the said Explanation and proviso the Regional Transport Authorities have varied certain conditions of permit of stage carriages under sub-section (2) of section 6 of the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992;
And Whereas such variations of the conditions of permit of stage carriages have resulted in undue hardships and sufferings to the travelling public;
And Whereas it is ??? necessary to remove such undue hardship and suffering to the travelling public;
And Whereas it is considered necessary in the public interest to cancel such variations of conditions of permit of stage carriages and to restore the conditions of permits, as they stood before the variations;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 3rd July, 1996 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 324, dated July 4, 1996.
1. Short title.- This Act may be called the Tamil Nadu Motor Vehicles (Special Provisions) (Cancellation of Variations of Conditions of Permit) Act, 1996.
2. Definition.- Words and expressions used herein shall have the same meanings respectively assigned to them in the Motor Vehicles Act, 1988 (Central Act ??? of 1988) and the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 (Tamil Nadu Act 41 of 1992).
3. Cancellation of certain Variations of Conditions of Permit.- Notwithstanding anything contained in the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 (Tamil Nadu 41 of 1992) or in any other law for the time being in force or in any judgement, decree or order of Court, tribunal or other authority, any condition of permit of stage carriage of a small operator varied by the Regional Transport Authority during the period commencing on the 24th day of January, 1996 and ending with the 24th day of May, 1996, based on the Explanation (as it stood prior to the 25th May, 1996) to rule 4 of the Tamil Nadu Motor Vehicles (Special Provisions) Rules, 1993, made under the provisions of the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 (Tamil Nadu 41 of 1992), shall stand cancelled and such permit as it stood prior to the 24th day of January, 1996, shall have effect as it no such variation has been made.
4. Restoration of variation.- Notwithstanding anything contained in section 3, the Regional Transport Authority may, on an application, it, in any exceptional case, he is of the opinion that any variation of the conditions of permit of a stage carriage which stands cancelled under section 3, did not result in undue hardship or suffering to the travelling public, he may restore such variation and such variation shall be ??? to be a variation made under sub-section (2) of section 6 of the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 (Tamil Nadu Act 41 of ???).