DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Motor Vehicles (Tamil Nadu Amendment) Act, 1948
Act 20 of 1948
Keyword(s):
Central Act Amendment, The Motor Vehicle Act, 1939
Amendments appended: 3 of 1964, 18 of 1967, 18 of 1968, 10 of 1971, 16 of 1971, 4 of 1974, 48 of 1974
1
.-*+.. 1 -." I . .-. . . .
'FAMIL NADU] ACT No. XX OF 19482. (Received the assent of the Governor-General on tlr c 16th December 1948 ; $rst published iri the Fort St. George Gazette ori the 21st December
1948.)
An Act further to amenb the Motor Vehicles Act, 1939 in its application to rhe "State of Tamil Nadu].
zgl,,t WHEREAS it is expedient further to amend the Motor
1939. Vehicles Act, 1939, in its application to the *[State of Tamil Nadu], for the purposes hereinafter appear- ing ; It is hereby enacted as follows :-
1. This Act may be called the Motor Vehicles short We. ('[Tamil Nadu] Amendment) Act, 1948.
'[ 2. * * 1
L---- --
I Tliese words we= substituted for the word "Madras" by the Tamil 2Jadu hdaptation of Laws Order, 1969, as amended by the Tamil N,du Adaptation of Laws (Second Amendment) Order,
1969.
8 F(R Statement of Objects and Reasons see Fort St. George Gnzette, dated the 30th January 1948, Part IV-A, pages 50-51, See also the provisions of the Motor Vehiclps (Amendment)
Act, 19!16 (Central Act 100 of 1956).
8 nLis ex ression was substituted for the expression "Province of Madras" gy the Tamil Nadv Adaptation of Laws Order. 1910,
I
which VIM deemed to have come Into force on ttie 14th January
1969.
4 TI& section was repealed by section 135 of, md the Twelfth
Schrdolo to, tho Motor Vehicles Act, 1939 (Central Ad IV of 1939). . . . . . . \
2
aw 1. "-4 .% 4 ? " .
3. After section 43 of the said Act, the following section shall be inserted, namely :-
"43-A. The '[Statel Government may issue
State Ooffmment such orders and directions of a general character as toisak it may consider necessary, in respect of any matter
ofdeqand relating to road transport, to the '[State] Transport Authority or a Regional Transport Authority ; and
Auth.ities. such Transport Authority shall give effect to all such orders and directions."
Inserti~n' 5. After section 44 of the said Act, the following
ofnew section shall be inserted, namely :-
& 44-A
in Cmtral
Act IV of
1939.
State Transport
Commis-
siomr or his subordinate to exercise
notificd powers.
"44-A. The '[State] Governmeilt may dppoint a l[State] Transport Cornmissioller ; and notwith- standing anything contained in this Act, may, by notification in the Fort St. George Gazette, autho- rize such Commissioner or any officer subordinate to him, to exercise and discharge, in lieu of any other authority prescribed by or under this Act, such powers and functions 3s may be specified in the notification."
.
1This word was substituted for the word "Provincial" by the Adaptation Order of 1950.
This section was repealed by section 135 of, and the Twelfth Qcbcdulc to, tho Motor Vehicles Act, 1939 (Central Act IV of 193%.
*-re roctiom were npoaled by ibld.
3
4% Motor Vehiehicler (7iunril h:c tle j 1964 : 'i3.N. Aci 9 Amendinenrj
lUAMIL NADU] ACT NO. 3 OF 19642.
[Received the assent of the President on the 13th Feb- rllary 196.1, fist prdlislzad in the Fort St. George Gazette on lire 19tlz February 1961 (Magha 30, 1885).] An Act further to amend the ikfutor. Veirirles Act, 1939 in its applicut ion to tlze 3[Stafe yf Tumii Nadu].
BE it ellacted by the Legi:l:lt~~re of the 3[State cf Tamil Nadu] in the Fuurtecnth YCLI of the R~public of India as follows : --
Short title. 1. This Act 111ny bc caliccl tliu Pdotos V~hiclcs (l[Tamil
Nadu] A m ; id 111cnt) Acl, 1 964.
Amendment of 2. Ill scctiul~ 48 of'lhc: hZ~t~.*i. Vr;f~iclcs Act, 1939 (Cen-
saction 48, tral Act ZV ol' 1 039) (I~ci-ci n ~ i i' c.1 i i' Ik1.1 eti tc; 2,s Ihc psincipa'f
Central Act IV A ~ ~ ) , -..
of 1939. l Yhese ,yo,-ds were substituted far Ihc word "~Madras" by the Tamil Narlu Adai~tation of Lawc Order., 1369, as amended by the
Tamil Nadu Adaptation of LAWS (Sccond .+.mendment) Order, 1969 For St;ltt:ment of OL$ccts and Reasons, see Fort St. George Gazette Ex?rat)rdinary, dateci the 17111 Jililu~~ry 1964, Part f V - Section 3, page 1 1 .
3 This expression was siibstituted for the expression " State o f Madras " by the ramil Nadu Adaptatlot1 of Laws Order, 1969, as amended by the Tamil Nadu Atlapta:ioi~ of Laws (Second Amend- ment) Order, 1969.
*-
* Sub-section (2) of scdioli 45 of the Motor Vehicles ~ c t ,
1939 (Central Act IV of 1939) was subscc1uently omitted by
section 22 (a) of the Motor Vehiclcs (Amendment) Act, 1969
(Central Act 56 of 1969).
4
I . .;hs 11 be . , . , t -. : i l ~ l : / ~ --
3
*" (i) ih;.L tiz: S ~ R W c x r iage or stngc 'L.ir iagcs ;J. used 01t1y ( . i : :. 'Ihec~fi4:d ;-r.utc or 1ot::c.s t2: i i ~ i-
(6) for sub-claus~ (0 ) ciiciause (xxit,) the Ii)llowing
lauscs shall bc subsiitrltcd, m~aimcly : -- the krJ1i 1 1 : silail 11ot be alter cd, znci the
thc v;:-:a t i c i l l hhnll n c ~ t cxccec! tuenty-
cxte~ ls ib l~ , the c ; Ist;t t ~cc covcrcd by thcl extension cxcccd twc:z~y-lh~lr ki lo mctrcs f r o r ~ ~ the ~~r~nini ;
(aa) v ~ . r y t:y r?tl.rcr cor~ Ji tion of thc pel n~i t ;".
I"-- --
fr;.su5-section (3) of seci ion 4P or !he Mot or Vehicles ~ c , , 1939. bt of the origillal rf.ulc as so I",: 1 1 % ' or any pa': i hc enf."
5
980 Ado tor Yehides (Tanmi! Nadu 11964 : T.N. Act 3 Amendlnen t )
Omission, of 3% Sections* 48-A, 51-A and 56-A of the principal Act sections *48-A* shall be omitted. 51-A and 56-A,
Central Act IV
of 1939 ~mendment of 4. In sub-section (8) of section 57 of the principal section 57, Act, after th: words "by the inclusion of a new route or
IV routes or a new area", the words "or by the vasiati~p, of 1939.
extcansion or curtailinent of the route or routes or the area specified in the permit" shall bc inserted. Special provision 5. (1) Notwithst anding anything contained in the in regard l o principal Act, the route or routes or tbe area specifiedin existing slage
carriage psrmits every stage carriage permit granted before the cornmenbe- and vali(:ation ment of this Act shall be deemed to be a condition of certain attached to such permit under sub-section (3) of section
prowdines and 48 of the principal Act, as if this Act were in force on orders. the date of grant of such permit,
(2) Notwithstanding any judgment or order of any court, all proceedings taken for tllc grant of, and all orders passtxi granting, any variation, extensioii curtailment of the route or routes or the area specifi in a stage carriage permit befo~ e the commencement .this Act by the State Transport Authority or b
.Regional Transport Authority or by a n auth
or person to whom the powers and functions of
" --I ... - - * The following section 48-A was again inserted by sect ion 4 the Motor Vehicles (Tamil Nadu Secosd Amendment) Act, 19
(Tamil Nadu Act 16 of 19711, which was deemed to have c into force on the 18th June 1971 :-
'$48- A. Bemm i applications for stage carriage pern fts lo rejected-Notwithstanding srnyt hing contained in this Act, ]Regional Transport Awthority shdl rzfusc to grant or rc stzge carriage permit if it appears to such authority, after .such enquiry as i t deems @, that thc application for such p benamf : &
provided that no such refusal shall be made unless the Regi l'ranspon Authority has given the applicant a reasonawe oppo
1 Lbity p f bei~lg heard."
6
: T.N.Act 31 Motor Vehicles (Tamil N(dduAinendment)
Transport Authority or a Regional 'lianspol-t rit'y have been delegated, or by an authoriry
rasing the powers of a~gcs: ;r revision against
orders 'of the State Tranfport Auihority or a gionsll Transport Authority, shill1 not be i: emed to bc lid merely by rczison ~f the fact that the Stc.t~: Trans- AUthority or the R~gipnal Transport Auihoi ~ l y , as the
may,&, had no power totgrant such varistl~n, cx-
on or durtailmr,nt anl all such proceedings takcn or s I passed , . . shall be deemed always to have becn validik i p.;gge$ in 'accordance with law notwi~hstanqin~
noc hvarcd by thc variat i o ~ or ixtension exew.eclrd
nty -four kilome tres. /
7
--
.
: T.N. Act 181 Motor Vehicles (Tamil Nadzr Amendment) 653
No. 18 of 19682.
E MOTOR VEHICLES (I [TAMIL NADU]
AMENDMENT) ACT. 1968,
Received the assenr of t?te Preside~t on the 26th Septembe~ rt St. George Gazette
September 1968 (Asvina 4,
I
An Act further to andend the Motor Vehicles Act, 1939, in its application to the 3 [State of Tamil Nadu].
enacted by tlte Legislature af the 3[Siate of Tami. I in the Nineteenth Year of the Republic of India Act may be callea the Motor Vehic1e.s Short title,
1 PTadu] Ari~endrwnt) Act, 1968. extent and commencement. ends to the whcle of the 3IS1ate of T2mil
have ccbmc into force on
I
(c) of sub-section (1) of section 47 of Amendment of
s Act, 1939 (Central Act IV of 1939) section 47,
d to a s the principal Acc), the following 2;t;$eAct IV
. shall be i2scrted, namely :-
p(cc)] t h publica,tion of a schcme und.er section service of stage ccnrriages ; ".
secticn 58 c r f . he principal Amendment
sl~all be insc:rttd, namely:-- $ei:;$+28iy
" (2-A) Notwitlist andin g anything to t he contrary of 1939.
contained in this Chapter, the Rc gionzl Transport Autbbrity shall, in ccnsidmjng an applicaijcn for the renewal of a stagi :arriage permit, have regard also to
the publication of a schemu under secticn 68-C in respect
of servioe of s tag carriages.". -
ubstituted for the word " Madras " by the Adaptatioit of Laws Order, 1969, as amended by the u Adapration of Laws (Second Amendment) Order, bjects and Reasons, See Forb. St. George ted the 19th August 1968, Part IV -Section ted for the expression " State of du Adaptation of Laws Order, 1969, as Nadu Adaptation of Laws (Second -1eltered as clause (c) by section 2 of
8
4 &.tor Vehicles (Tamil Nadu Amendment) [I968 : ;T.N .Act 5
" .
Amendment 4, In clause (6) of se ot ion 68 -A of the principil ~ c t of section 68-A, Central Act IV
of 1939.
(i) in item (i), the words "or a State Government "
shall be omitted ; .
(ii) after the said item (i), the following item sha be inserted, mmely :- -
" (i a ) the State Government ; ".
Inswon of 5. After section 6 8 6 of the principal Act, tbe followin
new section seotion s h ~ l l be inserted, namely :-
.6&CC m Ccatral Act N of 1939.
"68-CC. Issue of temporary permit t o .
transport un&rtaking.-(I) Notwithstanding an] I the contrary contained in Chapter IV or in this after the date of the publication of a
. seotion 68-C in respeotof service of stage oa
such publication was before or after the 4th
the State transportundertakingmayapplyfora
permit in respect of the area or route or porti specified in the said scheme, and on suoh application, t Regional Transport Authority shall issue such tampmry -
permit to the State transport undertaking. :?! A temporary permit issued under sub.secti& (1)
shall be effective till the grant of permit to the State
transport undertaking under sub-seotion (I) of a d o
684 :
Provides that if the scheme is not approved we.
mb-section (2) of section 68-D, the temporaryperdt shall be effective till the expiration of a 'pericd of one week fmn the date of r&sal to approve th,
under subaeotion @)of section 689.".
-
Cr- W r n y - 7 -w. . . --- 3---
9
.r _ -.i.. . : : T. N. Act 181 Motor Vehicles (?ornil Nudu Amendment) 655
6. After section 68-H oft he principe l Act, the following Insertion of otion shall be inserted, namely :- new section 68-HH in Central Act IV
of 1939.
. Delegn tioa of pobers.-The State Govern- notification, direct that the powers exerci- is Chapter or the rules made thereunder
mpurt undertaking as defined in clause on 68-A shall, in relation to such matters such uonditions, as may be specified in n, be exercisable . also by such authority gazetted. ioffier subordbte to the: State Government d in the notification .".
for, and proceedings relating to the Act to apply age permit or the renewal of a stage to pending applica t ions, ending before any court, authority or ,t,, pri11968, shslll bt ~disposed of under
t as amendc,d by this Act.
8. The Motor Vehicles (M~dras Amendment) Ordinance, Repeal of' 968 (Mzdra s Ordinencc. 1 c f 1908), is ht rc by repealed, Madras Ordinance x
of 19613.
10
--
.
: T.N. Act 181 Motor Vehicles (Tamil Nadzr Amendment) 653
No. 18 of 19682.
E MOTOR VEHICLES (I [TAMIL NADU]
AMENDMENT) ACT. 1968,
Received the assenr of t?te Preside~t on the 26th Septembe~ rt St. George Gazette
September 1968 (Asvina 4,
I
An Act further to andend the Motor Vehicles Act, 1939, in its application to the 3 [State of Tamil Nadu].
enacted by tlte Legislature af the 3[Siate of Tami. I in the Nineteenth Year of the Republic of India Act may be callea the Motor Vehic1e.s Short title,
1 PTadu] Ari~endrwnt) Act, 1968. extent and commencement. ends to the whcle of the 3IS1ate of T2mil
have ccbmc into force on
I
(c) of sub-section (1) of section 47 of Amendment of
s Act, 1939 (Central Act IV of 1939) section 47,
d to a s the principal Acc), the following 2;t;$eAct IV
. shall be i2scrted, namely :-
p(cc)] t h publica,tion of a schcme und.er section service of stage ccnrriages ; ".
secticn 58 c r f . he principal Amendment
sl~all be insc:rttd, namely:-- $ei:;$+28iy
" (2-A) Notwitlist andin g anything to t he contrary of 1939.
contained in this Chapter, the Rc gionzl Transport Autbbrity shall, in ccnsidmjng an applicaijcn for the renewal of a stagi :arriage permit, have regard also to
the publication of a schemu under secticn 68-C in respect
of servioe of s tag carriages.". -
ubstituted for the word " Madras " by the Adaptatioit of Laws Order, 1969, as amended by the u Adapration of Laws (Second Amendment) Order, bjects and Reasons, See Forb. St. George ted the 19th August 1968, Part IV -Section ted for the expression " State of du Adaptation of Laws Order, 1969, as Nadu Adaptation of Laws (Second -1eltered as clause (c) by section 2 of
11
4 U d o r Vehicles (Tamil Nadu Amendment) [I968 : ;T.N .Act 5
" .
Amendment 4, In clause (6) of se ot ion 68 -A of the principil ~ c t of section 68-A, Central Act IV
of 1939.
(i) in item (i), the words "or a State Government "
shall be omitted ; .
(ii) after the said item (i), the following item sha be inserted, mmely :- -
" (i a ) the State Government ; ".
Inswon of 5. After section 6 8 6 of the principal Act, tbe followin
new section seotion s h ~ l l be inserted, namely :-
.6&CC m Ccatral Act N of 1939.
"68-CC. Issue of temporary permit t o .
transport un&rtaking.-(I) Notwithstanding an] I the contrary contained in Chapter IV or in this after the date of the publication of a
. seotion 68-C in respeotof service of stage oa
such publication was before or after the 4th
the State transportundertakingmayapplyfora
permit in respect of the area or route or porti specified in the said scheme, and on suoh application, t Regional Transport Authority shall issue such tampmry -
permit to the State transport undertaking. :?! A temporary permit issued under sub.secti& (1)
shall be effective till the grant of permit to the State
transport undertaking under sub-seotion (I) of a d o
684 :
Provides that if the scheme is not approved we.
mb-section (2) of section 68-D, the temporaryperdt shall be effective till the expiration of a 'pericd of one week from the date of r&sal to approve th,
under subaeotion @)of section 689.".
-
Cr- W r n y - 7 -w. . . --- 3---
12
.r _ -.i.. . : : T. N. Act 181 Motor Vehicles (?ornil Nudu Amendment) 655
6. After section 68-H oft he principe l Act, the following Insertion of otion shall be inserted, namely :- new section 68-HH in Central Act IV
of 1939.
. Delegn tioa of pobers.-The State Govern- notification, direct that the powers exerci- is Chapter or the rules made thereunder
mpurt undertaking as defined in clause on 68-A shall, in relation to such matters such uonditions, as may be specified in n, be exercisable . also by such authority gazetted. ioffier subordbte to the: State Government d in the notification .".
for, and proceedings relating to the Act to apply age permit or the renewal of a stage to pending applica t ions, ending before any court, authority or ,t,, pri11968, shslll bt ~disposed of under
t as amendc,d by this Act.
8. The Motor Vehicles (M~dras Amendment) Ordinance, Repeal of' 968 (Mzdra s Ordinencc. 1 c f 1908), is ht rc by repealed, Madras Ordinance x
of 19613.
13
1 f& 1:. gj g2$ .* . a; ?' ,$.,,: * , , \ - ' a t;*?$ *(: ,-,,834* Motor Vehicles (Tamil N ~ & Amendment) Jc! , . '
[1971 : T~N. Act 10
$*. < , s , 7, 2 . . . * t C & i , . r . * . y.r(P ; 1 - ., A -,; . * $I i . TAMIL N~DUACT . , -(No: 10 OF 1~71,* i+> :#:; (.? &..'
4 . *
* I r Tm I ~ ~ O R VEHICLBS (TAMIL NADU ~ - " a i j - '
" ACT, 1971, . . I [Received the assent ofthe R~esfdeent on the 2nd May 1971. first published in the' Tamil Nadu (3overnment Gazette
. Extraordinary on the 4th May 1971 (Yaisakha 14,
1893).]
An Actfivther to amend the Motor Vehir~les Act, 1939, in' its application to the Stale of Tamil Nad~ .
BE itenacted by tbc Legislltl~r~ ~f the Stat? of Tamil Nadu in - the Twenty-secatld Year of the Rcpublic of India, as
' follows :-
short title, 1. (1) This Act may fk called the Motor Vehicles (Tqipij extm* and Nadu Amendment) Act, 1971. commencementm r .
- .(2) It extends to the &hole of the State of ~ a m i i Nady.
(3) (a) Sections 2 and 4 shall be deemed to have c ~ m e into force on the 2nd March 1970.
I (b) Ssction 3 shall b: de:med to have wmeinto force on the 1st April 1971.
Amendment 2. In section '44 of the Motor Vd.Cclea Act, 1939 (Central of section 44, Act IV of 1933) (hzreinaftel referred to as the pl incipal Central Act IV Act),- . , . . .. .
of 1939.
(i) in sbb-section (2), the se~osd proviso added by the Motor Vehicle: (Tamil Nadu Amendment) Act, 1957 (Tamil Nadu Act XIX of 1957) shall . . be omitted;
(ii) after subsection (2), the following s'ubi:ctition. shall b insert&, n e b -:, I.
4. t . ., . I S "' :?--A) ~ o t w i thstapdini anything contai W .in sub ::ctbn (2), the State Government mah w k e ~ . i t ' consid- 3; "T~sary or eqxdient. so tp do, by order ~nstihlta .the State Transport Authoritybi' Rtgional TranspcnZ Autbrity. SO as to consist of oqly onemember whdshall an o-al.
and such ordl:r :ray bf. made so as to have r e t r o s ~ t i y ~
eff2ct from a date not eartier than the 2nd day ofi March
1970: . $
J
* For Statemenr of Objects. and Reasons, Be@ TamtI Nadu G~vernment Gazette Extraordinary, dated the 2nd April 1971 Part IV-4ection 3, pages 175-176. *. '
14
Tq'
' 1971 : T.@; Act 101 Motor Vehicles (Tamil & ~ d u AmenUmm?) a-
, . " ,
I - . ' . 8 4 . I , 'r : 3. In section 64 of the principal Act, in sob-sectibn (2), Amendment of
'' for! the ' words '' a State Transport Appellate Tribunal yet. IV .. which ", the words " B State 3'ranspofi Appellate Tribunal 1939, I., and an Additional State Transport Appellate Tribunal each . . of which" shall be substituted.
I
I 4. In tbe Sixth Schedule to the principal Aot, after Amendment t e 2, the following Note &all be' added, namelyo- of Sixth Schedule to
Central Act IVL
*$NOIB 3.-In respect' of the Tamil Nadu State, the of 1939. etters MDy MS may continue to be used in respect of eGc1es which are registered b~fore such date as ]nay be
specified by ths State Goveinment in this behalf."
5. The Motor Vehicles (Tamil Nadu Amendment) Repeal. Ordinance, 1971 (Tamil Nadu Ordinance 4 of 1971) js hereby repealed and the amendment by section 2 cf tbe said Ordinance shall be deemed never to haw &en made. C > .
6. Anytbing done, or any action takn or any order Validation. passd on or after the 2nd day of March 1970 and before the date of the publication of this Act ill'tb: TamilN~du Gopement Gazette by the State Transpot t Autharit~ 01. by a Regional Transport ki~tl~~rity or by ar? authority cr ,
person to whom the powers and3 functions of the State
rans sport Authority or a Regional Transport Authority h e n delegated, shall bc deemed,to, bavc k e n validly done, taken or passed es if the order made ~lader subm se&on (2-A) of section 44 of the prinoipal A a bad been in force at the rekvant t h e *
15
C
P
t TAXIL I\ii%DU ACT No, 16 OF i971.'"
L
THE I+LOTOR 'dEHICLES (TAMlL NADU SECOYS r'%.XLENDMENT) ACT, i 47 1. ~Receivedt i i r asscrrt of fhc President on t/ze 30th Ju2.v 1 971 , $jb,?t publish~il in rlze Tamil Nadu Governmen t Gazette E;ctr~o~.di~ta~*~' oil the 30th July 1971 (Suavalza * 8, 1S93).1
An Act furtlter. to a ~ l z e i ~ d ihc Motor Vehicles bict,1939, in . its npplicatiorz Lo t h d State of TUIE~Z V U ~ U . BE it enacted by the Legislature of the State -of Tamil
Nadu in the Twenty-second Year of the Republic of India
a s follows:-
1. (1) This Act may be called the MO~OF Vehicles ShorL title, . (Tamil Nadu Second .4111endment) Act, 1971. extent and comrxt ncement.
9 ~t cstct~ds to t i i ~ ~ l w l ~ of the State of Tamil (3
Nadu.
(3 \ ~t ?hall L.c dec~ncd to have c(!il?i- into force on the ::th Junc 197'1.
2. 1n section 47 of the Motor Vehicles Act, 1939 Amendment of
,,tral Act IV of 1939) (hereinafter referred to as the section 47, tc B Central Act IV principal Act),- of 1939. -
*par sktnnent of Objects and ~easohs, See TnrnilNndu Govern- ,,* G&rte ~~traordinary. dated the 10th July 1971, Part IY
Section 3, page 51 1,
16
(1) in sub-secticn (I),- clause (c) shall be omitt-d ; (ii). ciilusc (:cc), shall be rsiettered as clause (L);
(2) for sub-section (3), the following sub-section1
s11alE be sub~~itutetd, namely: --
"(3) A Regional l'ransport ~uthority may after taking into consideration the interests of the general public and the ac equacy of other passenger transport services. operating or liltcly lo operate in the near future, whether by road or o t l~er means, between the places to he served, by order--
(a) limit the number.of stage carriages generally or qf any spccilied type for which stage carriage ?errnits may be granted in the region or in any specified area or on any specified route within the region; or
(b) open any new route ; and such order shall be final."
Amendment of 3. In sub-section (1.) oE section 48 of the principkl Act,
section 45, after the expression "Subject to the provisions of sectiom
Act 1V 4'7"' the expression. "and section 62-A" shall be insated. of 1939. Insertion of B4. - Aft= section 48 of the principal Act, th: following new section 4 8 4 in Central section shall be inserted, namely:--
Act N of 1939.
"48-A. B c r t m ~ i applicat iolts for sta,re carriage. perm jts to Br rrjocted.-Notwithstanding anything con- tained in this .4ct, a Regional Transport Authority shall! refuse to gdn t or renew a. stage carriage permit if i t appears to such authoyity, after making such enquiq as it deems fit, that the application for such permit i s benami ; P
Provided that no such refusal ski1 be made un- less the Regional Transpcrt Authority has given. the applicant a reasonable opportunity of being heard.''
17
73 : T. N. Act 16j Motor Velzicles (Tmil Nadu Second 1209 i
Ametzdment ) i
. the prov~so to sub-section (3)of sectlon 57 of Amendmen; of!
al h, the folloa-jng proviso shall be added, seCfiDn -17. f C e n d .b IV i
of 1 9 - 3 m
i " Provided further that no representation shal be f )
de under this sub-section against any order of the ! sport Authority under sub-section (3) of
6. In sub-sect ion (1 ) of saction 59 of the principal Act, Amendment of er the expression " Save as provided in section 61 ", the section 59,
Central Act I V xpression " and subject to the provisions of sections 62-D of 1939. nd 62-E " shall be inserted.
7. In sub-section (1) of section 60 of the principal Act, Amendment of
fter clause (a), the following clauses shall be inserted, sfftion60, Central Act IV
of 1939. r " (*kt) if the I~older of the stage carriage pernit has
made a wrong statemctlt about t11.e number of stage slrriilge
permits held by him on the distc of the appfi~ation. or (,&Ll) if, subsequent to the grant of the stage crirriage permit it is brought to the not ice o f t he transport authority
. that the stage carrizge permit is held by the grantee as a benamidar, or ".
8.' Af1e.r section 62 of the principal Act, the fc>llowing Insertion of new sections shall be inserted, namely :- sections 62-A to
62-E in Ceatral
"6'-A. Ceiling otr slclgc cil:*,r','i(tge p rmits. --Not with- Act IV of 19351.
standing any thing cont;~ inell i 11 this Chapter,-- ( (1) in the interests of the gel~erel public t l ~ t r e shall
be a ceiling of ten in respect of stage carriage perniits held by any person under this Chapter :
Provided thct subject to th.: otner provisiolls of this Chapter, nothing in this clause shall apply to tho number of stage cnrrii:gc perxniis which are in excess or
ten alrerdy held by the ~.ppiicanl, t i l l the nol-m;rl date
of the expiry of such excess permits ;.
(b) no person shnll be entitled to apply for the grant
of a new stage carriage permit 01. fclr the renewal of21 stage
carriage permit, if the number of stage carriage permits
already held by sucll perso11 i s not less than ten :
18
( c ) the Regional Trensport Authority shall not &ant a new stage carriage pzrmit G r renew a stage carri
if the nunlber of permits Elready held by the a
not less tl1s.11 ten, or if; by the grant of such new p l-enewal 61 t. pcrmii,sths xumbar of stage car~iagg:
held by he ::pplicant shell exceed tec : ' Prcjvided that ni~thing in this section shall
to tlie Qnix.1 Government or r~ State GO
a n y corpar?-ti~n or compltny owned by the m e ~ ~ t ( T one or moxe State Governments Gover axent and one or more State Go
4
P?ovid.ed further thst in computing the num of stage c m i~ ge permirs for rhe purpases of tkiis s
(i) the number of permits in vehicles kepi by the holder o f the permit to maintain service ; GX
(ii) the number of temporzry permit
under sec:io~z 62, shall be excluded. i
Exp2c~nufion.-For the purpases of this section,"pers means tlzz holder of sr permit.
62-B. lS!rrrender of stage carril !ge permits by perabns '
holding in excess of ceiling limit.--(1 ) Where the nu
of stage c?rriage permits held by any person on the June 1971 is tlot iess th::n ten, . uch person may, at tiine wit11111 e period. of olie in )nth from the snid * surrencier o ! i t . cbr more o f such permits which are in e
of tell t o ihe Rh:gion& 1 Transpel t Authority which gra
I the pe *mit and such h~~thi?riiy shall, notwithstzn anything co:ltnined in this Act: accept such sursendbr a caltccl he permit or permits su surrendered.
(2) 'rize cancelli:.tic?n of the permit under subse
(1) slikill t:ikt? effect frcln such d&te as nlay be by the Rcgional Transprt Authsxity.
62-C. Szrwender of p~vwzits.-Wi t hout prejudice t the provisrot~s of section 6243, a holder of a stage earn
.permit or other permil ms-y, subject to such rules as
be intide ill this behalf, surrender the permit to the Re@
3 ranspor; Authcrity which granted the permit. * - - ~ 7 - ? ~ ~ ~ . * + f . ~ ~ w , . - ah
19
--
1971 : T. N. Act 161 -Mo?oin V~~t ic le s (L7r7irl11-zLlill S ^ c ~ ~ n d 1211 .4:szei?rZnl w t )
62-D. Permission to trattsfer. to be ib,lir~eil i / t c:!ses where tlze applicmzt Jzoln'r nzor.i tlulrt tell utclge c o-/.i~::r < ~ C A ?:A* -- : permiLu.-(1) , l : ~ . ~ ~ c - . f i:;g? rT -.-:. - - -. - - - jr; t y # p - < . t f c,., ?r;n5 : . , - . -- --:-:- - - . -
# I , ,. . - * , - . -- # "2- . . - pe;missi~,r, t!, tr;.;;fe:- 2:: -,;; <:A ,- -- - .,..-l 3. . a+ " . - ~ . I G ; < ;J A L L - - d L . - * \ : f -
sub-secticn (1) cf secticr. 59, r1q.e irE:;sp;ri ;. .,-hcrity s!;?.i:
refuse such permission :
Provided tl12,t t 7 0 S L ~ C D ' I S ~ ~ L I I C ; : , ~ s I - ~ l l I.)c ~?!itt i i : Lli?!..:!;~
tk, transport autlrolbir y j3.r s givctl t lte 8 pplicr:;? 1 2. rc:: s,: I t,. , , ' opportunity of being 11e~~r.d.
(2) All ;:pplicat icfns L)r, ~ . n d p,.cceei; i:-igs (~vIw:!~t:r original or by way of appeal) relating tcs, i ~ ; ~ ~ l s F e r cof zay stage cs.rriage permit rz::cicr sub-seci i~i~ ( 1 ) i.; f sec: ion 59, sought for by a holder of stagc cmiage pi;-!-lnj~s in excess of ten and pending bef'crc m y Court, transport autFLo:.ity or officer 011 the 18th Jui~e 1971, 2i:d appeal 01 ~ e v i s i ~ n , if any, arising frcm su,cE. pencil~g applicz t ic,n cr prc cee- ding shcll be dispased df w d e r sub-secfion (1) . 62-E. Belzami tr.mz.r;fc~=s to be r~fuse~I.--Vlhcre the holder cf any stage carrizge permit applies Tor pernzissioi; to transfer ally stage carriage permit under sub-sect ion (I > of section 59, the transpx-t authori?y shall 1-efuse r,uch permission if it apyezrs to such authority, afjer making such enquiry as it deems fit, thst the transfer soright for is a benami transfer :
Provided t11x.t no suclz rcrictrsal sh;~ll be n-~.:,c tl unIcss the transport authority has g i ~ e n t i ~ e applicartt a reason;~blc
3 7 opportunity of being he:l :d .
0. In section 64-A of' t f ~ c prdi:tctpal Al;t. ::.ftes the cx- Amendment of 9 9 pression " record of ;my case , the cxpressici~ " ( i ~ ~ t Sec ion 64-A,
Ccntral Act IV being a case relating to the limiting the number of si:ige of 939.
nnrriages or the opening of a new route under sub-:ecti,*in
(3) of section 47) " she.11 be inserted.
10, After sect ion 64-14 ofthe pi4incipai Act, =the fo i!o W- Insertion of new
ing section shall be inserted, nantely :- section 64-B in Central Act f V
of 1334.i " 64-B, Revision by Higlz Court.-The St rite 1-r:~riyort i 1 2
Appellate Tribunal shall be deemed to be n Caul-1 suborcli- ~;i t b ,&
na$e to the High Court For the purpose of sect ioll l15 a f 12
20
the Code of Civil Procedure, 1908 (Central Act V of 1908X
and its orders shall be liable to revision by the High Court under the provisions of the said section.".
Act to apply to 11. Ail applications for, and proceedings (whether
qendins applica- original or by way of appeal) relating to- tlons, etc.
(a) the gant of a stage carriage permit ; or ( B ) i-he renewal of a stage carriage permit ; or
(c) the transfer of a stage carriage permit under
sect ion 59 ; or
Repeal.
(4 the limiting the number of stage carriages or the
opening of s new route, pending before any Couit, transport authority or ofacer on the 18th June 1971 and appeal or revision, if any, arising from such pending application or proceeding, shall be disposed oC *irides the principal Act, as amended by this Act.
12. 'The Motor Vehicles (Tamil Nadu Second Amend- ment) Ordr nunce, 1971 flamil Nadu Ordinance 6 of 1971), i s hereby repealed.
21
I
336 I Motor Vehicles (Tamil [1974: T.N. Act 4
Nadu Amendment) TAMIL NADU ACT NO. 4 OF 1974 *.
THE MOTOR VEHICLES (TAMIL NADU
AMENDMENT) ACT, 1973.
[Received the assent of the President on the 18th January 1974, $first published in the Tamil Nadu Government Gazette Extraordinary on the 25th January 1974 (Thai 12, Piramathisa (2005-Xiruvalluvar Andu)).]
An Act further to amend the Motor Vehicles Act, 1939, in its application to t~re State of Tamil Nadu. BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-fourth Year of the Republic of India as follows :-
Short title, ex- 1. (1) This Act may be called the Motor Vehicles tent and com- mencement. (Tamil Nadu Amendment) Act, 1973.
(2) It extends to the whole of the State of Tamil Nadu.
(3) Section 3 shall be dekmed to have come into force on the 1st October 1970.
I .
Amendment of 2. In section 68 of the Motor Vehicles Act, 1939 (Central section 6 3 3 Act IV of 1939) (hereinafter referred to as the principal Act IV Act) in sub-section (2), after clause (bb), the following of 1939. clause shall be inserted, namely :i
" (bbb) the fees to be paid in respect of revision petitions under section 64-B ; ". 4
Amendment of 3. Section 68-HH of the pri d cipal Act inserted by the section Motor Vehicles (Tamil Nadu Amendment) Act, 1968
68-HH, (Tamil Nadu Act 18 of 1968) shall be renumbered as Central Act Iv of IP39, section 68-HHH. 1 - * For Statement of .Objects and Reasons, see Tamil Nadu Govern- ment Gazette Extraordmnary, dated the 22nd November 1973, Part
IV-Section 3, Pages 277-278.
22
M74: T.N. Act 481 Mofor Vehicles (Tamil N a d ~ 413 Amendment)
TAMIL NADU ACT NO. 48 OF 1974.'
T m MOTOR VEHICLES (TAMIL NADU AMEND-
MEW) ACT, 1974.
k c e i v e d the assent of the President on the 4th November 1974, first published in the Tam1 Nadu Government Gazette Extraordinary on the 8th November 1974 (Aippasi 22, Anantha (2005-Tiruvallt~var Andu)).] 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 Nndu in the Twenty-fifth Year of the Republic of India as
~0110ws :-
1. (1) This Act may be called the Motcr Vehicles (Tamil Short title Hadu Amendment) Act, 1974. extent and Commence-
(2) It extends to the whole of the State of Tamil Nadu. ment*
(3) It shall come into force on such date as the State Oorernment may, by notification, appoint.
a. In section 47 of the Motor Vehicles Act, 1939 (Central Amendment Act IV of 1939) (hereinaftel referred to as the principal of section Act),-- 47, Centrd Act IV of
(1) in sub-section (11, in the proviso, for the words 1939.
* a a co-operative society", the wcrds "any State Transport Undertaking or a co-operative society" shall be substituted;
(2) after sub-section (31, the following Explanation shall be added, namely :-
"Explanation.-For the purposes of this section and section 62-DD, the expression 'State Transpcrt Undertaking' shall mean the State Gcveament or any transport corporation or company owned or controlled by the S tae Government.".
3. After section 62-D of the principal Act, the following Inmion of section shall be inserted, namely :- new section 62-DD in " 62-DD. Permission to be granted to transfer permits Central
to State Transport Undertaking.-'Notwithst~ndin~ any- ~ c t IV of - -
*For Stater ent of Objects and Reasons, R e Tamil Nadu Cover* 1939. m n t Gazette Extraordinary, dated tho 16th Augwt 1974, Put w-
Seetion 1, Pages 187-188.
23
1I 4 14 Motor Vehicles [ 974: T. N. A C ~ 48 (Tamil Nadu Amendment)
I
thing 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.". I
b n d m e n t 4. In section 130 of the principal Act,-
of section 130, Qntral (1) in sub-section (11, in clause (ii),-
Act 1939. Iv of (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 :"J
(2) in sub-section a), after the words " with the letter", the words "or the money order, as the case may be"
shall be inserted.
Amendment 5. In section 133 of the principal Act, sub-section (1)
of section shall be omitted.
133, Central Act IV of 1939. I
Amendment 6. In the Fifth Schedule to the principal Act, in Part By &:$: items 1, 5, 6, 7, 8, 9, 10 and 13 and the entries relating
to Central thereto shall be omitted.
Act N of 1939.
24