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Government of India
haw and Justice (Ministry of Re !
THE DELHI ROAD TRANSPORT LAWS (AMENOMENT )ACT, 1971
No« 71 of 1971
(24th December, 1971)
An Act to provide for the establishment of a Road Transport | Corporation for the Union territory of. Delhi, , and, 'for that Purposo, further to amend. the Road Transport. Corporations Act, < 1950, and the Delhi Municipal Corporation Act,.. 1957, and for 3 matters connected therewith or incidenta]thereto.- 3E it enacted by Parliament in the t
Republic of India as fFollow:-—
1. (1) This Act may be called (Amendment)Act, 1971. nty-second year of the ee, f pod bah : , ' 1 pio e Delhi Road Transport Laws Short title and commencement 64 of 1950 5 RES Be
(2) It shall he deeme to have come into force, on, the, 3rd day ef November, 1971. : es ;
2.0 In the Read Transport Corporations Act,1950, in section 1.= * Ammendemtn of
: , ' section I
(i) in sub-section. (2) the wards "except the Union territery of Delhi" shall be omitted;
(ii) to sub-sectiom (2). ,the following provision shall be added, namely:- . ' .
Road Transport Laws (Amendment)Act,1971, this Act, as amended by the said Act, shall extend to, and be in force in the | . "Provided that on and 'from the Cemmencement of the Delhi Union Territory of Delhi." . '
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a / . = 33 - ; Mell Road Trinsport Laws (Amendment). 3. In this Act,unless theo context otherwise requires;~ Definitions. (a)"Municipal Corporation of 2elhi" means the Municipal Corporation of Lelhi established under he Delhi Municipal Comporation Act, 1957;.
PERE: Do yoo A 6B of 1957 (b) "new Corporation" means 'the new Road Transport Corporation for the Union territory of Delhi established under Section 3 of the Road Transport Corporation Act, '1950. 64 of 195¢ 74. Gn the establishment, under the Road Transport. Corporations Act 1950,0f a new Corporationr~ Vesting of assets, etc. in the new Corporation. vo 64 of 1950 (a) all Properties, movable and immovable, and all interests of whatsoever nature and kind therein belonging to, or vested in, the Municipal Corporation of Yelhi, for the purpose of the 2elhi Trans— port Undertaking immediately before Such.establishment, shall vest in the new Corporation; . ue (6) all debts, obligations and liabilities incurred, all contracts
=ntered into, and al] matters and things: engaged 'to be done by, with
or for, the Municipal Corporation of tpelhi for the purpose of the Si Transport Undertaking, and subs isting immediately before such
establishment, shall be deemed to have been incurred, entered into
or engéged to be done by, with or for, the new Corporation;
(4) all Suits, prosecutions and other legal proceedings instituted, or which might have been instituted, by,. for or against, the Munici- pal Corporation of Delhi for the purpose of Delhi Transport Undertaking, may, —
" LPT (i) if sich suit, prosecution or other legal proceeding was pending immediately before the establishment of the new Corporation, or iy Fy : \. . , (1i) 1£ the cause of action® for: such suit, prosecution-or other legal Proceeding arose before such establishment andi the institution of such suit, Prosecution or other legal. proceeding was not barred b2fore such establishment by any law for the time being in force: 7 SO : : . be continued or, as the case may ba, instituted, by. for or against, the new Corporation;. ' Ee as M (e) all rules, regulations, appointments, notifications, -bye-laws, schemes, orders, standing orders and forms relating to transport ser— vices, whether made under the Delhi Road Transport Authority Act, ° 1959, or under the Delhi Municipal Corporation Act,1957 and in force immediately before such establishment, shall, in-so far as they are not inconsistent with the provialons of thds Act, continue to be in force and be deemed to he regulations made by the new Corp.4, of 1950 under section 45 of the Road Tpt.Corp.Act, 1956, unless and until they are Sapers@iled by regulations made under that 66 of 1957 Section;
\ '
64 of 1950 (f) notwithstanding anything contained in any other law for the time heing in force or in any contsraek. to the contrary, every officer
tnd other "tployea of the Muniedpal Corporation of Delhi appointed or deemed to ba appointed for the purpose 'of the Yelhi Transport ©
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Undertaking shall' ba transferred: toy and. become an officer oxr| other employee of,':the new Corporation with. such. designation as' the new Corporatidn may determina and shall hold' such, office by the same tenure, on the sama remuneration and on the same terms and conditions of service and with the same right to - pension, gratuity and other mattors ag he would Have held the Same it the new Carporatioan had not' bean established and shall continue to do so unless afd until, such employment,, tenure, remuneration a d terms and agonditions of service: are duly fe altered or terminated by the new Corporation'! + | a Provided fat the tehure, remuneration and other texmnd' and conditions of service of any suoh 6fficer or other employee shall.not altered to his!disadvantage without the approval of the. Gexteral Government: * c . ,
"Provided futher that any servico rendered, or deered to have been rendered, in relation to road transport service, "sandersthe Muniaifal 'Corporation of Delhi, by any such officer oF "ether employee before the establishment of the new Corporation Shall:be deemed to be service rendered under the new Corporation...
5. (1) Where the sum total of the value of the properties) .° and interests referreA 'to in clause (a)' of section 4, vested: phe dn the new Corporation (horoinafter in this.section referred of val to as "the assets") exceeds the sum total of the debts, ~ of ass obligations and liabilities which are. deemed to have been and ° incurred by the new Corporation under clause (b) of that ifabili = section (hereinafter in this section referred to as "the reat liabilities)),such excéss shall be paid by the new Cor— poration to the Municipal Corporation of. Delhi on such terms and coriitions as may be determined by the Centeral Govern— ment in this behalf. pony Cnaitcapate ce" saaltey a watts at :
(2)..Where the sum tatal of the..liabilities exceeds: the Sum totii of the value of the asse&ss such: excess shall- be paid by thé Municipal Corporation of Delhi to the new Corporation ~ "on such terms and conditions as may be determined: bythe: whe Central Government in this behalf. ' Co. .
(2) The sum total of the value of the' assets and the sum 'total of the %tabilszes shall. be such amounts as may be arrived at by ac:mement between the. Mynicipal Corporation of Delhi and the new "orporation and where:no such agreement can.be reached, the amourits shall be detemnined by an abitral 'cribunal consisting of one nominee of the Municipal Corporation of Delhi,.ione nominee of the niw Corporation anda Chairman, to be nominated by the Chief Juztice of the High Court of Delhi, Co at
(4) An appeal shall Lie to the High:Court of Delhi against the decision of the tribunal and the order of that High Court on such appeal shall he final. we
€. Thi Central Government. may, by order, in writing, j exempt all or'any of the vehicles of the new Corporation from | payment of any tolls or other charges leviable under . Power 5£ Rt . €ny enactment for the time being in force, for the usé of the Centr:
/ on ?
, ~ 8 "exempt Vehicle>
' of tha new Car.
, poration from
A eon HS " payment of.
r _ 'Certain charges..
the roads within the Union territory. gf Delhi.
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— oo - . ~35.
| ,
endment. ""~4—-~ Delhi Road Transport Laws (Amendment) (Act 74 . aF cts 64 of i on
v
1950,66 of 7. oC 8nd from the commencement of this Act-~
:
1957 end" (a) the Roag Transport. 2orporattons Act, 1950, shall, in oe daa f. tts Spplication t5 the Uninn territury/of Bélhi, be Subject te € eens amendments Swecified tn the Pirst.Schedule , (B) the Delhi Muniedpar Corporation| Act, 1957,, shall, in | relation - tn the transport "Sevices" in the 'Untan 'térsitery é
of Delhi, be Subject to the amendments: specif jeg in-the Second
Schedule and references therein to "this Act" shall Le Cons trued
8S references 'to the "Road Transport Corporations Act, 1950"; 6 4, . I
(e) the Motor Vehicles: Act, i939; chai1, in its appligation =: ' to the Uninn Territpry of Delhi, have Sffeet subject to the i Provisions Specified dn the Thrigq Schedule.
°
Repeal . (1 The. Delhi Road Transpgst Laws (Amendement) Ordinance :
sevings. 1971,is5 he reby repealda. f
19°
action taken-under the.Road Transport Corporation Act, 1950, a> ' -
. : ty . o
Or the Delhi! Municipal Corporat ton Act,1957, or the Motor reno Vehicles Act, 1939, as .amendmg. * by the said Ordinance Shall , of be deemed to have been'done or--taken under the corresponding 193° Provisions oF the Road Transport Corporations Act, 1950,the Delhi Municipal Corporaticn Act. 1957, or the Motor Vehicles Act,1939, asthe case may be, as .amended by this Act, Polling, THE RIst SCHEDULE
(See Section 7 (a) ) AMENDMENTS To THR RIAD TRANSPbar CORPORATIONS ACT, 1959 Becton Lr7 Omit: sub-section (4). . Section' 3,
"Of Delhi "
Gove rnme rts and of nomination by each Gdvernment",- Substitute
"Of the State Government in the Corporation and of Nomination by the Government",
Section 3.-Omit the Frovisg, Section 12.-In Clause (b), for "Chairman or Vice-Chairman", Substitute "Chairman, Vice-Chairman, Chief' Executive Sfficer,. the General Mabager, the Deputy General Manager or the Chief:
Accounts Officer er the Corporation", / Section 18.-For "State or Part of the State", substitute
"Union territory Of Delhi or Fart thereof", Section 19.-(1) In Sub-sectign (1),4n clause (Ao, for
"State" Substitite "Union territory of Delhi", 11) tn Sub-sectign '2)_
(a) in clause (c)- : ; (1)for "State concerned", Substitute "Union territory of Delhi";
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. Of 1974) ° =36-_ Substitute «
)- Insert.
eres and freights for the Carriage
"nd goods in a
: '
|
. | | Corporations, ay: "sport Service Provided by the After Section 19,
"19A. (1) When any articles or the Possesion of ac
Dispo.
Orporation
for Carriage
or otherwise
appesein
t "eRamed
the owner or any other Person ret
Ting to the Fporation to be entitled th
.
2rporationshal1, i
n is kere
ther PErson ig known, pital + Sell the articles or goods by Public Suction and shall, after deduct '
.
SXpenses for holding the Sale or any amount which may be dues | -
to the Corporation, €redit the 1
"
| to the Pund «af the c |
a, Credite@ may be paid i
Wels under Corporat the Corporation shall not incur On ahy single to obtair Work, service or scheme or for any other Purpose ¢ the appr. Capital expenditure : oF more than twenty five lakhs of of the Fapees except with the previous approval of the .: Central |
Central Sove rnment"™ ..
' Governme
Section 21.-For "the Central Government in Consultaion ee with the State Government", Substitute "that Government", Section 23.-(a)For Sub-section (1), Substitute_ te. Government may provide to a Corporation established by the svoverment any 'capital that May be required
h
Tying on its unde rtaking
\ or for purposes connected therewith -on Such terms and Conditions,
not inconsistent with-the Provisions of this Act, @s that
Government may determaine";
—
(b) in Sub-section (3), omit the Centra] Government"
and "in Consultation with the Central Go vernment".
Section 2¢. 1p SUb-section (2), omit "and the Central Government";
Section 26.—In sub-sectigns (1)ana (2), omit "in consulation with the Central Government",
: 'Contd......
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Govt. of NCT of Delhi aa
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. | —--6--- -37— Act, 71 | Delhi Road' Transport Laws (Amendments Section 3f9.— @mit "and the Central Government".
Section 33.- In Sub-section (4), for "the Legislature of the State", substitute "each House of Parliament".
ay' © os Section 35.—(a) In. sub-section (2),for "Central snq the State Governemt", substitute "State Government"; ~ .: : (b) in sub-section (3), cor "the Legissature of, the State' Substitute "eachHouse of Parliament", . Section 37.—In sub-section(3), for"the Legislature of . the State", substitute "each House of Parkiament".
Section 38.-Omit, "with the previous: approval of the Central Government". na vale
Section 39.-In sub-section (2),for."Central and the State Government", substitute "State Gove rament".
Section 40.-(1)In clause (b),for "High Court exercising. jurisdiction in relation to the State concerned", substitute "High Court of Delhi", —
ii) in clause (g)__
(a) for " lie to the High. Court", substitute"-- ~ lie to the High Court of. Delhi". : (b) for "order of the High Court", substitute"order of that High Court". y
"
Section 44.-In sub-section (2)—— (i)in clause (a), for "the Central' ahd the State Governmen Substitute "the State. Government". .
(ii) after clause (m), insert——~
"(mm) the service of notice and orders under this Act"
Section 45.—In sub-section (2), after clause (e), insert——. "(£) the period after the exptration of which unclaimed . articles or goods-may be sold by public auction ; (cr) the regulation ox the carriage of passengers and goods in the road transport services of the Corporation".
Section 46.- After" rules made by it under, section 44",- insert "or any regulations made by a Corporation under section 45". | ' After Section 48, insert———
"CHAPTER VI"
me 'a
~_—
SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY OF DELHI
Cee 42- (1) No court shall proceed to the trial of any | tion offience made punishable by or under this Act except on the d Complaint of, or on an information received from, the General gnizance Manager, of the new Corporation or a person authorised by him offiences.,, general or special order in this behala in writing. 'contd. eee
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DELHI TRASH T CORPORATION "of NCT of Delhi a ———__# | O Eetota wl mn st Scanned with CamScanner
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(2) ALL offtences - ~ | " | against this Act or any rule thin ex hout the limits of Union territ of, Deini, shall be cognizable by a magistrate. 7 ore 501 " SO. (1) The Btate. ¢ weuvient may appoint ane or more *PPpoint- magistrates of the first or second class' for the trial of ment of offences against this Act or any rule or regulation made — geekr thereunder or any bye-law continued thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.
(2) Such magistrates and the members of thdémr staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the State Government.
(3) The new Corporation shall, out of its fund, pay to the State Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (2) together with - all other incidental charges in connection with the establishments of the said magistrates.
(4) Such magistrates shall have jurisdiction over the wholeof the Union territory of Delhi. 5 of 1898.
.(5) For the purposes of the Code of Criminal' Procedure, 1898. all magistratea appointed under this section shall be aii bo magistrates oppointed under secticn 12 of that ode.
51- (1) The General Manager of the new Corporation er any office=~ or other empdoyee specially empovered by him in this C= behalf in writing may; either before or after the institutéon ® of the proceedings compoun' any offence meje punishable of > by, er under this Ar.t. é , '
offence
ositi (2, Where a:: offence has been compounded, the offender, Af in custedy, shall Ll. 2isunsrgeé@ and no furciies pcooceedings shall be taken against him in respect of he office so ' compounded. 8 ' .
52. No person shall be liable to punishment for any Limitation offence
,
(a) the. date of the commission of such offence, or ~~ (pb) the date on which the commission or exi stence
of such offence was first brought to the no tice of the
'complainant. ' .
,
53, I£ any person summoned to' appear before & Power of
magistrat: to answer a charge of an offence against
. Magistrate this Act or any rule or regulation made thereunder, to hegr cases or any bye-law continued thereunder, fails to appear in absence of™ at the tine and place mentdoneA in the summons. o F accusea when—-
on any date to which the hearing'of the case is. sum-moned to
adjourned, the magistrate may hear and determine appear.
the case in his: absense, 1f---
(a) service of the summons on such person i s
proved to his satisfaction, and (ob) no sufficient' maucre is shown for the non- :
appearal.ce of such perso:.'.
——S ee ee
THR SECONT ITNT
AMENDMENTS ro ARR geet tonumiB tan CORPORATION ACT, 1957-
Section 2,- Omit clauses (13) and(20). con td-++++*
é Wetr (Admn.) ene wees Te seenetaates DELHI TRASPORT CORPORATION. pon-pomnrnrenms ane pe PD
Govt, OF NCT OF Delhi | |
: LP. Estat Naw Nathy.qinana
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ut '
tively ast (Transport)*" (Electricity) : substitute
Substitute ™
Se
Manager
Committ
(ii) an Sub. (i324) dn sup Manager#
Vv
Substitute
Substitute
Committee"
(Elect
"er the General Manage ction 9 7 Sub-sec oy i 8e fe (b), omit or thoibetht epection 3640 sup sg Mananor
tion (2),
egtian ta), ¢ (Electriait
the DePhi
f tion (1 , A Wo OF Saye,
'Section 44_
Section 50.
ee".
Omit: Subeclause (14) Omit. clause (fo),
(i) In the heading, Section "(1), omit Section .(2) Section 52-Omit ", Section 53-Omit " the Selhi Transpert on *Section 59-(i) In Transport Undertak in clause (a) th -omit Lay
the Delhi 'Tra
the Del
dertaking
in Subsection (1), he General M
Substitute " nN
2
+ (iti) ty Sub-sa - Subs titute (iv in sub-sect
"the General in sub-
Ction (2) ger (Ele Section (4), £ "The General Manager (Ele Sectien ¢1-Fer ' eneral Manager ( Any
Nn sub-sectien "(1) section (2), for"any €ral Mana
in sub-
"the Gen (i141) in sub- , for a eral Manager (Elect ctlen 63-For bi (Electricity)"
Section €4-Omit Sub-s sectian (2), Section 65-In Sub-section(1), omit "
ny
rile
two General Ma
. ie n sub-sec General M vr (Bleot Secti., 6e6-—(i) I ricity or the ticity)", :
ig
"
fin.) pr clause ¥) on anys omit
@ Yelh
se (b)
hi Transpert. Committea "
"any of ctricity}", tid
Ctricity)", neral Managers"
nagers", Substitute tien: (1), fer \"
anager (Transpert | Conted....,
(Act 71
in
ranspart: Commit Sub~clause (4114) of clause tees. (2), substitute "(b) matter connected Electric 'Supply Undertaking". mit "ythe Delhi Transport of clause (d).
", the Delhi Transpert i Transpart Committee", nSport Committee", . and
nsport)",
"and the General ef the two General ( Electricity)", the General Managers ", ef th © General Managers",
Substitute
omit clause (pb) ;
of
(Electricit
"
the
y) we ef the Ge ity) " . General Managers", - neral Managers",
"General a the Delhi Transport co Gene
od
ral Manager
* Substitute —
i Os Cer CORPORATION aera of NCT of Oe es se ; [oan =
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