The Tamil Nadu State Carriages and Contract Carriages (Acquisition) Act, 1973

The Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973 Act 12 of 1973 Keyword(s): Administrator, Arbitrator, Contract Carriage, Contract Carriage Operator, Motor Vehicle Act, State Carriage, State Carriage Operator 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. Stage Carriages and Contract [I973 : T.N. Aet la Carriages (Acquisition) THE TAMFL NADU STAGE CARNAGES AND CONTRACT CARRIAGES (ACQUlSIETEON) ACT, 1973. ARRANGEMENT OF SECTIONS. Short title, extent, application and commencement. Declaration as to the policy of the State. Definitions. Vesting of stage carriages, contract caiiages, etc., in the Govern- ment. Duty of stage carriage or contract carriage operator to furnish particulars. Principles and method of determining the amount for the acquired property. Notice of determination of amount under section 6 to be given to all persons interested. Claims for the amount. h Amount to be substituted security i certain cases. Amount liable to deduction in certain cases. Manner of payment of amount for the acquired property. Appeals from awards in respect of amount. Arbitrator and authorised officer to have certain powers of civil court. 1 I 14 Bar of avplications for fresh permit or for renewal of the existing permit for running any stage carriage or contract carriage. 15 Transfer of stage carriage or contract carriage on or after the 14th January 1973 and before the notified date prohibited. I 16 Grant of temporary permit to operator. I 17 Transfers in contravention of section 15 to be void. I 1 18 Appointment of Administrators. 1 19 Appointment of Authorised officers4 20 Transfer of acquired property to corporation or company I or the State Transport Department of the Government and provisions for existing staff. I -. 1973 : T.N.A ct 121 Stage Carriages and Contract 231 Carriages (Acquisition) Government or the corporation or company owned by tle Government or department to which the acquired property is transferred to have exclusive privilege of running any stags carriage or contract carriage. Transfer of stage carriage or contract carriage among the corporation or company or State Transport Department of the Government. Power to obtain information. Power to enter and inspect. Service of orders and notices. Exemptions. Protection of action taken in good faith. Bar of jurisdiction of civil courts. Penalty for offences. Certain persons to be public servants. Act to override other laws, etc. Power to make rules. Repeal of Tamil Nadu Ordinanca 1 of 1973. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 232 Stage Carriages and Contract [I973 :T .N, Act 12 Carriages (Acquisition) TAMIL NADU ACT NO. 12 OF 1973.1 THE TAMIL NADU STAGE CARRIAGES AND CONTRACT CARRIAGES (ACQUISITION) ACT, 1973. [Received the assent of the President on the 14th March 1973, first published in the Tamil Nadu Government Gazette Extraordinary on the 14th March 1973 (Panguni 1,Parithapi (2004-Thiruvalluvar Aandu)).] An Act to provide for the acquisition of stage carriages and contract carriages andfor certain other matters connected therewith in the State of Tamil Nadu. WHEREAuSn der clauses (b) and (c) of Article 39 of the Constitution of India, the State should, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment ; ANDW HEREAfSo r that purpose it is expedient to nationalist the transport of passengers by road in this State ; AND WHEREASit is necessary in the public interest to acquire all passenger transport divisions of all the stap carriage operators and the contract carriage operators in a phased programme within a period of five years ; AND WHEREAwS ith a view to achieve the above purpose it is considered expedient to start with the acquisition of the passenger transport divisions in the revenue districts of this State wherein comparatively fewer number of stap carriages are operating ; I BE it enacted by the Legislaturelof the State of Tamil Nadu in the Twenty-fourth Year of the Republic of India as follows :- sort title. 1. (I) This Act may be called the Tamil Nadu Stage extent, Carriages and Contract Carriages (Acquisition) Act, 1973. application (2) It extends to the whole of the State of Tamil Nadu. 'For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 9th February 1973, Part IV-Section 3, pages 24-25. 1973 :T .N-Act l2.l Stage Carriages and 23 3 Contract Carffages (Acqui~ttion) (3) It shall apply to all stage carriages and contract carriages operating in this State on the 14th January 1973. (4) (a) This section and sections 14, 15, 16 and 17 shall, be deemed to have come into force in the whole of this State on the 14th January 1973. (b) The rest of this Act shall,- (i) in relation to its application to the contract carriages, come into force in the whole of this State on such date as the Government may, by notification, appoint; (ii) in relation to its application to the stage carriages in the Nilgiris district, be deemed to have come into force on the 14th January 1973 ; and (iii) in relation to its application to the stage carriages in any other district in this State, come into force on such date as the Government may, by notification, appoint, and different dates may be appointed for different districts in this State and for different provisions of this Act. 2. (1) It is hereby declared that this Act is for giving ~ ~ l ~ r a t i o n effect to the policy of the State towards securing the prin- as to the ciples specified in clauses (b) and (c) of Article 39 of the policy of tk' Constitution and the acquisition therefor of the stage carriages and contract carriages and other property referred to in section 4. Explarzation.-In this sub-section, " State " has the same meaning as in Article 12 of the Constitution. (2) (a) The acquisition of stage carriages shall commence with the district wherein comparatively fewer number of stage carriages are operating and such acquisi- tion shall thereafter be made in the other districts in the order specified in the First Schedule within a period of five years. (b) Clause (a) shall not be enforceable by any Court. 3. In this Act, unless the coatext otherwise requires,- ti^* (a) " acquired property means the stage carriages " or the contract carriages and other property vesting in the Government under section 4 ; 23 4 Stage Carriages and 11973 : T.N. Act 12 Contract Carriages (Acquisition) (b) " administrator means an administrator " appointed under section 18 ; (c) amount means the amount payable under " " this Act for the acquisition of the acquired property ; (d) " arbitrator " means an arbitrator appointed under section 6 ; 1 (e) " authorised officer means an authorised " officer appointed under section 19 ; (f)' ' award " means any award of an arbitrator made under section 6; 1 I (g) contract carriage " shall have the same meaning " as in clause (3) of section 2 of the Motor Vehicles Act and - includes I (i) any movable property ancillary or incidental to the maintenance and control of such contract carriage; and (ii) any right in or over such contract carriage or movable property ; I but does not include a motor cab of a tourist vehicle as defined in the Motor Vehicles Act; (h) " contract carriage operator " means an operator holding one or more contract carriage permits ; (i) district means the revenue district ; " " (.i) " Government means the State Governmentj " (k) " Motor Vehicles Act " means the Motor Vehicles Act, 1939 (Central Act IV of 1939) ; I (1) " notified date " in respect of any stage carriage operator or contract carriage operator means the date specified in the notification issued under sub-section (1) of section 4 in respect of such stage carriage operator or contract carriage operator. as the case may be ; (in) " operator " means any person whose name is entered in the stage carriage permit or contract carriage permit as the holder thereof; I 1973 :T .N.Act 121 Stage Carriages and Contract 235 Carriages (Acquisition) (n) " permit " means the permit granted under the Motor Vehicles Act authorising the use of a vehicle as a stage carriage or a contract carriage in any part of the State ; (0) " person interested " in relation to any acquired property includes the stage carriage operator or the con- tract carriage operator and any secured creditor who has a charge, lien or any interest in the acquired property and any other person who is affected by the vesting of the acquired property and claiming, or entitled to claim, an interest in the amount ; (p) revenue district " means any area which for " the purposes of revenue administration, is under the charge of a District Collector ; (q) stage carriage " shall have the same meaning " as in clause (29) of section 2 of the Motor Vehicles Act and includes- (i) any movable property ancillary or incidental to the maintenance and control of such stage carriage ; (ii) any right in or over such stage carriage or movable property ; and (iii) any reserve vehicles or vehicles run on tem- porary permits ; (r) stage carriage operator " means an operator " holding one or more stage carriage permits ; (s) words and expressions used herein and not defined but defined in the Motor Vehicles Act shall have the meanings respectively assigned to them in that Act. 4. (1) On and from such date as may be specified by Vesting of the Government in this behalf by notification in respect " , ' ~ ~ ~ ~ i a g e s ~ of any stage carriage operator or contract carriage operator, carriages, every stage carriage or contract carriage owned or operated etc., in the by such stage carriage operator or contract carriage Government. operator along with the permit shall vest in the Government absolutely free from all encumbrances and such stage carriage or contract carriage which vests in the Govern- ment shall, by force of such vesting, be freed and dis- charged from any trust, obligation, mortgage, charge, lien, hire-purchase agreement or otherwise and all other 236 Stage Carriages and [1973 :T .N. Act 12 Contract Carriages (Acquisition) encumbrances or transactions affecting such stage carriage or contract carriage ; and any attachment, injunction or decree or order of any court restricting the use of such stage carriage or contract carriage in any manner shall be deemed to have been withdrawn ; and any person interested shall have no claim to or in relation to such stage carriage or contract carriage, except a claim to the amount payable in respect of such stage carriage or con- tract carriage under this Act. (2) Upon the issue of a notification under sub- section (1) in respect of any such operator- (i) all rights, title and interest of the stage carriage operator or the contract carriage operator, as the case may be, in or over such lands, buildings, workshops and other places and all stores, instruments, machinery, dools, plants, apparatus and other equipments predominantly used for the maintenance or repair of, or otherwise in connection with the service of, stage carriages or contract carriages as the Government may specify by order in this behalf ; and (ii) all books of accounts, registers, records, and all other documents of whatever nature relating to the stage carriages or contract carriages vested in the Govern- ment under sub-section (1) or other property specified by the Government under clause (i) ; ! w shall vest in the Government absolutely and free from all encumbrances and such property referred to in this sub-section which vests in the Government shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien, hire-purchase agreement or otherwise and all other encumbrances or transactions affecting such property ; and any attach- ment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn ; and any person interested shall have no claim to or in relation to such property, except a claim to the amount in respect of such property under this Act. (3) The stage carriages or contract carriages and other property vesting in the Government under sub- section (1) and sub-section (2) shall, with effect on and from the notified date, be deemed to have been acquired for a public purpose. 19% :T .%AC~I Z~ stage carriage^ and 239 Contract Carriages (Acquisition) z$ I 5. (1) Every stage carriage operator or the contract Duty of ~1.p carriage operator shall, within thirty days from the notified date or within such further time as the Government may I allow in this behalf,- operator to i furr+h (i) furnish to the Government or any officer pamcJorr* authorised by them in this behalf complete particulars of all liabilities and obligations incurred on the security of the acquired property and subsisting on the notified date and also of all agreements and other instruments pertaining to the acquired property including agreements, dccrees, awards, standing orders and other insrruments relating to leave, pension, gratuity, provident fund and other terms of servlces of any person referred to in sub- section (3) of section 20 in force immediately before the notified date and the Government shall afford him all reasonable facilities for this purpose ; (ii) prepare and hand qver Jo the Government or any officer authorised by them In thls behalf the complete inventory of the property which vests in the Government under this Act ; (iii) furnish to the Government or any officer authorised by them in this behalf such information and particulars as may be required by the Government in regard to the documents relating to the property which is acquired or is liable to be acquired under this Act. (2) The stage carriage operator or contract carriage operator shall not destroy any such document as is referred to in clauses (i) and (lii) of sub-section (1) but shall hand over to the Government or any officer authorised by them in this behalf on the notified date all such documents and also such other documents as are necessary for ascertaining the terms of employment of the persons referred to m sub- section (3) of section 20 and for determining the amount under this Act. 6. (1) For the vesting of the acquired property under Principles section 4,every person interested shall be entitled to receive ~ ~ ~ e ~ ~ ~ ~ g such amount as may be determined in the manner herein- *he amount after set out as specified in the Second Schedule, that is for the to say,- acquired propgb. (a) where the amount can be fixed by agreement it shall be determined in accordance with such agreement; 238 ,&age Carriages and h973 :T .N. Act 13 Contract Carriages (Acquisition) (b) where no such agreement can be reached, the Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a District Judge ; (c) the Government may, in any particular case, nominate a person having expert knowledge as to the nature of the acquired property to assist the arbitrator and where such nomination is made, the person interested may also nominate an assessor for the same purpose ; (d) at the commencement of the proceedings before the arbitrator, the Government and the person interested shall state what in their respective opinion is tht amount payable ; (e) the arbitrator shall, after hearing the dispute, make an award determining the amount which appears to him just and reasonable and also specifying the person or persons to whom the amount shall be paid ; and in making the award he shall have regard to the circum- stances of each case and the provisions of the Second Schedule so far as it is applicable ; (f)w here there is any dispute as to the person or persons who are entitled to the amount, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to the amount, he shall apportion the amount amongst such persons ; (g) nothing in the Arbitration Act, 1940 (Central Act X of 1940), shall apply to arbitrations under this section. (2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before him and by what persons and in what proportions such amount is to be paid. I Notice deter- 7. Reasonable notice in respect of the amount deter- mation of mined under section 6 shall be given to all the persons under 6 to be interested. given to all per- sons interested. 8. (1) Any person interested claiming any amount Claims for determined under sec~ion6 may within sixty days from the date of receipt of any nctice givcn under section 7 or within such further time not exceed!ng thirty days as the auihorised officer may in hls discretion allow, prefer the claim before the authorised officer in such form and containing such particulars as may be prescribed. iW$ : T.N. Act 121 Stage Carriages and Contract 239 Carriages (Acquisition) (2) The authorised officer shall forward the claimmade under sub-section (1) to the Government for the payment ofthe amount to the person interested in the manner speci- fied under section 11. 9. Any debt, mortgage, charge or other encumbrance or Amount to lien, trust or similar obligation or any attachment, dccree be substi- or order of any court attaching to the acquired property tzutsedk y shall attach to the amount in substitution for the acquired in property. cases. 10. (1) The Employees' Provident Fund Commissioner Amount liable to or the Employees' State Insurance Corporation may send to deduction theadminist;ator or the arbitrator a certificate in respect of either the employer's contribution or the employees' cortri- cases. bution realised bj the employer or any other duesrecovera- ble from the employer under the Employees' Provident Funds and Family Pendon Fund Act, 1952 (Central Act XIX of 1952) or the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), as the case may be, in respect of any person referred to in sub-section (3) of section 20, that the employer may have failed to pay in accordance with either ofthose Acts. (2) (a) Any person referred to in sub-section (3) of section 20 may prefer before the arbitrator any claim relating to any salary, wages, leave salary, bonus,pension, gratuity, provident fund, or other payment due to him or t h proportionate sum thereof in respect of any service rendered by him in connection with the acquired property. (b) Where under any law, award, agreement, cont- ract of service or otherwise, th:. salary, wages, leave salary, bonus, penrion, gratuity, provldent fund, security deposit collected from employees or other payment referred to in clause (a) becomes payable to the person mentioned in that clause after a specified peliod of service rendered by such person in connection with the acquired property and where the acquired propcrty vests in the Government under sub-section (1) of section 4 before the expiry of such specified period, the stage carriage operator or the con. tract carriage operator, as the case may be, shall be liable to pay in respect of such salary, wages, leave salary, bonus, pension, gratuity, provident fund, security deposit or other payment, a sum equal to the sum which bears to the full salary, wages, leave salary, bonus, pension,gratuity, 240 Stage earrfagts and Contract f i*3 : ?.&. Ad i3 Carriages (Acquisition) provident fund, security deposit or other payment payable after the expiry of the sa.id specified period, the same proportion as the period up to the notified date b:ars to the whole c f the said specified period. (3) Subject to the provisions cf sub-section (4), the Government shall, after the claims of secured creditors are satisfied, be entitled tc deduct from the amount payable to the stage carriage operator or contract carriage cperator a sum equal to the sums required to disoharge the liabiliti: s referred to in sub-sections (1) and (2) or obligation of whatever kind (including liabi- lity in respect of prow dent fund or superannuation fund or any other fund subsisting with the stage carriage operator or the contract carriage opcrator on the notified date) in relation to persons who have become the employees of the corporation or company or the State Transport Depart- ment of the Government under sub-section (3) of section 20. (4) The claims made undzr sub-seation (1) or sub- section (2)and any dispute regarding the sumto be deduct- ed under sub-section (3) shall be decided by the arbitrator who shall follow such procedure as may bs prescrib~d. Manner of 11. (1) The amount determined under section 6 shall, payment of after the deduction, if any, made under this Act, be given amount by the G,vernment to t k person interested, for the acq;Ged (a) ia cash in one lump sum, where the amount does not exceed 10,000 rupees, and (6) in any othcr case, at his option, either,- (i) in cash (to be paid by cheque drawn on the Reserve Bank) in three equal annual instalments, the amount of each instalment carryinginterest at tbe rate of six per cent per annum from the notified date, or (ii) in saleable or otherwise transferable promis- sory notes or stock certificates of the Government issued and repayable at par, and maturing at the end of- (A) ten years from the notified date and carry- ing interest from such date at the rate of six and a half per cent per annum; or (B) thirtj ycars from th: notified date and carrying interest from such date at the rate of seven a& half per cent pzr annum ;o r I 9973 : T.N. Act 121 Stage Carriages and Contract 242' Carriages (Acquisition) (iii) partly in casb (to be paid by cheque dram on the Reserve Bank) and partlyin such number of securi. ties specified in item (A)oritem (B)or botb, of sub-clause (ii) as may be required by the person interested ;o r (iv) partly in such numb:r of securities specified in item (A) of sub-dause (ii) and partly in such number of securities specifitd initem (B) ofthat sub-clause, as may be required by the person interested. (2) The first of the three equal annual instalments referred to in sub-clause (i) of clause (b) of sub-section (1) shall be paid, and the securities referred to in sub- clause (ii) of that clause shall be issued, within sixty days from the date of receipt by the Government of the option referred to in that clause, cr wher.: no such option has been exercised, from the latest date before which such option ought to have been exercised. (3) The option referred to in clause (b) of sub-section (1) shall be exercised by the person interested before the expiry of a period of th~eem onths frcm the notified date (or within such further time, not exceeding three months, as the Government may, on the application of the person interested, allcw) and the option so exercised shall be final and shall. not b; altered or rescinded after it has been exercised (4) Any person interested who omits or fails to exercise the option referred to in clause (b)o f sub-sect ion (I), within the time specified in sub-section (3) shall be deemed to have opted for payment in securities specified in item (A) of sub- clause (i i) of that clause. (5) Where the amount has been fixed by agreement, it shall be paid in accordance with the terms of the agreement. ~~~~~ 12. Any person aggrieved by an award may, within thirty AWL days from the date of such award, prefer an appeal to the High Court : amount Provided that the High Court may eniertain the appeal after the expiry of the said pericd c?f thirty days, if it is szt isficd that the appellant was prevented by sufficient cause from filing the appeal in time. 125-10-16 b 242 Stage Carriages and Contr ct [I973 : T.N. Act 12 Carriages (Acquisition) Arbitrator and 13. The arbitrato~w hile holding arbitration prcceedings authorised under this Act, and the authorised officer wide deciding a officer hrvz dispute under section 19, shall have ali thc powels of a certain powkr s civil court, while trying a suit, under the Ccde of Civil of Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discov~rya nd prcduction of any document or other material object which is producible as evidence ; I (c) reception of evidence on affidavits ; (d) requisiti~ninga ny public reccrd or a copy thereof from any coult or office ; I (e) issuing commissions f o ~td e examination of wit- n&sses or documents. Bar of applic' - 14. Except as otherwise provided in this Act, and with a tions for fresh view to facilitate the acquisition of the stage ca~rjageso r Permit or for contract ca~riagesw ithin the pericd specified in section 2 the no person shall on or after the 14th Janua~y1 973 apply for existing permit for running ;ny any new permit or fcr renewal ~f the existing permit stag: c rriag: for the running of any stage carriage or contract carriage or contrcct in this State. The auth~rityo r officer empowered to carriage. grant permits under the Motc~V ehicles Act, shall, not- withstanding anything contained therein, grant such permit to the corporation or company owned by the Government ; or the State Transport Department of the Government, as the case may be, and to no other. Every application for the grant of a new permit or for the renewal of an existing permit and all appeals or revisions arising there from or elating thereto made or preferred before the 14th January 1973 and pending in any Court or with'aay o%cer. authority or Tribunal constituted under the Motor Vehicles Act on the 14th January 1973 shall abate. 15. No person shall on or after the 14th January 1973 Transfer of and before the notified date, transfer by way of sale or gift stage carricg. or contrzct any stage czrriage or contract carriage liable to be acqui- amage on or red under this Act except in favour of the Government or itfter the 14th corporation or company owned by the Government or . I * 1973': T.N. Act 121 Stage Carriages and Contract 2'43 Casriog es (Acquisition) the State Transport Department oithe Government. Where J,,,,,~ 1973 any transfer is made, by way of sale in favour of the and before the Government ox corporation or company owned by the notified date Government or the State Transport Depa,tment of the Prohibited. qove~nment,t he price to bc paid shall be calculated in accordance with the principles foi determining tte amount under this Act for such property liable to be acquired under this Act. 16. Notwithstanding anything contained in this Act or Grant of in the Motor Vehicles Act or in any other law for the time temporary being in force, any stage carriage operator or contract permit to carriage operator running any stage carriage or contract OPerLtor. carriage in this State shall be entitled to obtain a tempo- rary permit under the Motor Vehicles Act in respect of any stage carriage or contract carriage liable to be acquired under this Act. Such temporary permit shall be for a period of four months in the filst instance which may there- after be extended for further periods of four months at a time until the stage carriage or contract carriage is trans- ferred to the corporation or company or the State Trans- port Department of the Government referred to in section 20 : Provided that nothing contained in this section shall entitle any stage carriage operator or contract carriage operator to obtain any temporary permit in respect of any area or route or portion thereof specified in a scheme published at any time (whether before, on or after the 14th January 1973) under section 68-C of the Motor Vehicles Act. 17. Every transfer of any stage carriage or contract Transfers in carriage liable to be acquired under this Act in contra- contr~vtntion vention of section 15 shall be void. of srction 15 to be void. 18. The Government may appoint such number of Appointment officers as may considered necessary as administrators of Administva- for arranging the take over of the acquired property and to carry out such other duties as may be assigned to them by the Government for carrying out the purposes of this Act. 19. (1) The Government may appoint such number of Appointment officers as may be considered necessary and possessing such of Authoriscd qualifications as may be prescribed as authorised officers Officers. for the purposes of this Act. 195.110-16a 1 244 Stage Carriages and 11973 :T .N. Act 12 Con'tract Carriages (Acquisition) (2) If any dispute arises as to whether any property referred to in sub-section (2) of section 4 was on the notified date being predominantly used for the maintenance or repair of, or otherwise in conneciion with the service of, stage carriages or contract carriages, such dispute shall be decided by the authorised officer in accordance with such procedure as may be prescribed. (3) Any person aggrievfd by any decision ofthe autho- rised cifficrr under this Act may, within thirty days from the date of such decision, prefer an appeal tc the Govern- ment : 1 Provid.ed that the Governm nt may entertain the appeal afrer the expiry of the said periad of thirty days, if they are satisfifd that the appellant was prevented by sufficient cause from filing the appeal in time. Transfer of 20. (1) The Government sh2ll imm~diatelya fter the WlGred vesting cf the a cquircd property under seciion 4 by order property transfer the whole of the wid property in favour of corporation ,-, company scch ccrpcratjon or company owned by the Govern- or the State ment or State Transport Department of the Govern- 'lYansPort ment, P s the Government may specify in such order. Department ofthe Govern- (2) Where in pursuance of sub-section (1) any stage mat and carriage or contract carriage is transferred to any corpo- provisions ration or company ownt d by the Government or the State for existing Transport Department of the Government, the permit in staff. respect of such stage carriage or contract carriage shall, notwithstanding anything contalned in the Motor Vehicles Act, be deemed to have been transferred in favour of such corporation or company or State Transport Department of the Government and such p~rm;sth all be val;d for the unex- pired ~ericdth ereof. After th: expiry of the seid period, such corporation or company o- S:ate Tr -nsoort Dep?rt- me nt of the Oovelnment shall be exclusively entitled to the renewal of such permit and an app1;cation for such renewal msy be made by the corporarion or comp~ny or Sate Transport Dcpartmcnt of the Government at anytime brfore the expiry ofthe said permit and the period spec;ficd in clause (a) of sub-sec'ion (2) of section 58 of the Motor Vehicles Act, shall not apply to such application. (3) Evcry person who is a workman within the mean;ng of t h ~Jn dusfrial Disputes Act, 1947 (Cent& Act XIV of 1947), and has bwn, immediately b, fore the 14th January 1973, exclusivi ly ellnployed in connection w;th the acquired property shall, on and from the notified dxte, become an employee of the corporation or comgaq l&73 :T -N, Act 125 Stage Carriager and 243 Contract Carriages (Acquisition) or the State Transport Department of the Government rgferred to in sub-section (1) and shall hold cffice or serv~ce ir! such corporation or company or State Transport De- partment of the Government on the same. terms and conditions and with the same rights to penslon, gratuity and other matters as would have been admissible to him if the acquired property had not vested in the Government and transferred to such corporation or company or State Transport Department of the Government and continue to do so unless and until his employment in such corpora- t ion or company or State Transport Department of the Government is terminated or until his remuneration, terms or wnditions of employment are duly altered by such corporation or company or State Transport Depart- ment of the Government; Provided that the number of workmen that shall become employees of the corporation or company or the State Transport DLp artment of the Government under this wb-s~ctions hall not exceed the followrng scale, the junior most bang excluded:- Scale per vehicle. . . .. .. . . 1. Drivers 2.75 . . .-. . 2. conductors 2.65 .. .=. .. 3: Supervision 0.125 Line S aff and Checking Inspector. 4; Higher Supervision Staff and 0.075 Managers. 5. Ministerial and Secretariat Staff 0.8 6. Technical staff including 2.75 : Foreman. Provided fbrther that in the case of such persons to whom labour laws for the time being in force apply, no such te,rm;nation or ahtraticn of renluneraticn, terms or qonditions of service shall be mzde except in accordance with such laws. I -. *%6 Stage Carriages ccnd el473 : T.N. Ad 15 ' Contract Carriazes (Acquisition) (4) If any question arises as to whether any person referred to in sub-section (3), was exclusively em- ployed in connection tvith the acquired property immediately before the 14th January 1973, it shall be decided by the authorised officer and an appeal shall lie to the Government under sub-section (3) of section 19. (5) For the persons who immediately before the notified date wcre trustees for any pension, provident fund, gratuity or other like fund constituted for the persons referred to in sub-section (3), other than trustees nominated by or under any law, there shall be substituted as trustees, such persons as the Government may by general or special order specily. + (6) (a) All sums deducted by the Government under sub-section (3) of section 10 shall stand transferred to the corporation or company or the State Transport Department of the Government referred to in sub- section (1). (b) Such corporation or company or State Transport Department of the Government shall credit the sums transferred to the appropriate funds or if any part of the sums is payable to the employee directly, such part shall be paid to him directly. (7) The transfer of an employee to the corpora- tion or company or the State Transport Department of the Government under sub-section (3) shall not entitle any such employee to any compensation and no such claim shall be enteriained by any court,tribunal or other authority. (8) Save as otherwise provided in sub-section (3), the services of every person other than the persons referred to in sub-section (3) employed in connection with the acquired property immediately before the 14th January 1973, shall stand terminated on and from the notified date and if any such person whose services are so terminated, is entitled to any payment by way of gratuity or retirement benefit or for any leave not availed of, or of any other benefits, such person may enforce his claim against his employer under whom he was employed in connection with the acquired pro- perty immediately before the notified date, but not against the Government or the corporation or company owned by the Government or the State Transport Department of the Government. fH3 :T .N. Act 121 Stage Carriages and $47 Coretract Carriages (Acquisition) ,, 21. Except to the extent otherwise expressly provi- Gove,,m,,t ded in this Act, on and from the notified date, the the corporation corporation or company or the State Transport Depar- o~r~ c~o~m~r~an~y~ ment of the Government to which the acquired property owned by the y: is transferred under section 20, shall have the exclusive privilege of running such stage carriage or contract which the . carriage. Such corporation or company or State ecquired Transport Department of the Government shall, not- property 1s withstanding anything contained in the Motor Vehicles "ansferred to Act, be entitled to the grant or renewal of permits under ~ ~ ~ ~ ~ ' u ~ [ v e the said Act in respect of any such stage carriage or 2ny contract odrriage to the exclusion of other persons and stage carriage any officer or authority under the Motor Vehicles Act or contrsct shall not invite any application or entertain any such application of other persons, for the grant of permit for the running of any stage carriage or contract carriage. 22. It shall be competent for the corporation or Transfer of company or the State Transport Department of the stage carriage Government referred to in section 20 to make any trans- or contract fer among themselves, of their property by way of sale, ~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ : exchange, gift or otherwise and the provisions of the or or Motor Vehicles Act, relating to transfer of ownership state Transpott of motor vehicles shall not apply to such transfer. Department of . theGovernment 23. The Government may with a view to carrying Power toobtain out the purposes of this Act by order require .any information. person to furnish to such officer as may be specified in the order, such information in his possession as may be specified relating to any stage carriage or con- tract carriage or other property which is acquired or is liable to be acquired under this Act. i 24. Any officer empowered in this behalf by the power to enter Government by general or special order, may enter and in+;pect. any premises and inspect the acquired property with a view to carrying out the purposes of this Act. 25. (1) Subject to the provisions of this section, Service of and any rules that may be made under this Act, every orders and order or notice made or issued under this Act shall,- notices. (a) in the case of any order or notice of a genera! nature or affecting a class of persons, be published in the Tamil Nadu Government Gazette; and TI 248 &age Carriages mul [1~:lj ~ . h il t Contract Carriages (Acquisition) (b) in the case of any order or notice affecting a corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) ; and L (c) in the case of any or er or notice affecting an individual person (not being a corporation or firm) be served on such person- (i) by delivering or tendering it to that person, Qt (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by afEixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain ; or failing service by these means, (iii) by post, (2) Where the ownership of'the acquired property is in dispute or where the persons interested in the said property are not readily traceable and the order or notice cannot be served without undue delay, the order or notice may be served by publishing it in the Tamil Nadu Govern merit Gazette, and where possible, by affixinga copy there- of on any conspicuous part of the acquired property or the premises where the acquired property was ordinarily kept before the date of vesting, I I 26. Nothing contained in this Act shall apply to,- Pxmflions. (a) any stage carriage or contract carriage owned, held or operated by,- (i) the Central Oovernment ; (ii) any State Government ; (iii) any company, or other authority owed or ccontrolled by the Central Government or any State Govern- ment ; or i@ T$L id i44 : kt Stage Carriages and Contract Carriages (Acquisition) (iv) any such institution as may be approved by the Government in this behalf; or (b) any stage carriage for which permit is issued by any officer or authority situate outside the State of Tamil Nadu and who or which is not under the control of the Government. 27. (1) No suit, prosecution or other legal proceeding Protection of shall lie against any person for anything which is in good action taken in faith done or intended to be done in pursuance of this good faith- Act or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government, the administrator or any other officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. 28. Save as otherwise expressly provided in this Act, of jUrisdic- no civil court shall have jurisdiction in respect of any tion civil matter which the Government are, or an arbitrator or courts. authorised officer is, empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 29. Whoever contravenes any provision of this Act Penalty for or any rule or order made or direction given under this offences., Act, or obstructs the lawful exercise of any power con- ferred by or under this Act, shall be punishable with fine, which may extend to two thousand rupees. 30. Every arbitrator, administrator, authorised officer: Czerrta:izn EP r+so p and every other oEcer empowered by the Government, while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indiaa Penal Code (Central Act XLV of 1860). 31. Save as otherwise provided in this Act, the pro- Act to override visions of this Act shall have effect notwithstanding any- other iaws, etc, thing inconsistent therewith contained in the Motor Vehicles Act or in any other law for the time being in force, 1 , . 250 Stage ~arrtagesan d [I973 : T.N. Act 12 Contract Carriages (Acquisitzon) Power to make 32. (1) The Government may make rules for carrying . rules. out the purposes of this Act. (2) In particular, and without pbejudice Lo the gene- rality of the foregoing power, such ~ulesm ay provide for all or any of the followillg matters, namely :- (a) the procedure to be followed in arbitration proceedings and appeslls undei this Act ; (b) the principles to be followed in apportionillg the cost of pro( eedings before the arbitrat~ar d a n appeal under this Act ; (c) the manner of service of notices and orders ; (d) any other matte1 which has to be, or may be, prescribed. I (3) All rules made under this A;; shall be published in the Tamil Nadu Government Gazette and unless they axe expressed to come into force on a particular day,. shall come into fcrce c n the day cn which they are so published. (4) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so plaocd or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form 01 be of iio effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Repeal of 33. (1) The Tamil Nadu Stage Carriages and Contract Tamil Nadc Carriages (Acquisition) Ordinance, 1973 (Tamil Nadu Ordinance , 1 of ordinance 1 of 1973), is hereby repealed. 1973. (2) Notwithstanding such lepeal anything done or any action taken under the said Ordinance including any orders passed, notification issued, rulcs and appointments made shall in so far as they are not inconsistent with this Act be deemed to have been donc or taken under this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act. 1 iH3 : T.N. Act 124 Stage Carriages'od Conboci 'zsf ' Carriages (Acquisition) THE FIRST SCHEDULE. (See section 2.) STATEMESNHTO WING THE TOTALN UMBEORF STAGE CARRIAGOEPSE RATING IN TAMILN ADUD ISTRICTWISE. Serial number and name of the Total district. number of permits. (1) (2) 1 The Nilgiris . . . . . . . . . . . . 133 2 Dharmapuri . . . . . . . . . . . . 262 3 Ramanathapuram . . . . . . . . . . . . 423 4 Kanyakumari .. . . . . . . . . . . 439 5 So~thA l&t . . .. . . . . .. . . 47 1 6 Salem . . . . . . . . . . . . 496 7 Tixunelveli . . . . . . . . . . . . 500 8 Thanjavur . . . . . . . . . . . . 540 i . . .. .. . . . . . . 9 North Arcot 598 10 Tiruchirappa lli . . . . . . . . . . .. 642 11 Chingleput . . . . . . . . .. . . 645 12 Madurai . . . . . . . . . . . . 845 13 Coimbatore . . . . . . . . . . . . 1,056 14 Madras City . . . . . . . . ., . 2,371 e I I $59 &age &arriages and [I* :IN. ~ r LI t Contract Carriages (Acquisiti n) THE SECOND SCHEDULE. (See section 6.) PRINCIPLFEOSR DETERMINIANMGO UNT. I 1. (1) In respect of any stage carriage or contract carriage taken over by the Government, there shall be first determined the acquisition cost of such stage carriage or contract carriage and for any stage carriage or contract carriage registered within the period mentioned in cloumn (1) of the Table below prior to the notified date the amount to be paid shall be the percentage mentioned in the corresponding entry in column (2) of that Table of the acquisition cost :- I THE TABLE. Period. Percentage. (1) (23 . . 1 Not more than six months prior to the notided date 2 More than six months prior to the notified date but not exceeding one year . . . . . . .. .. .. 3 More than one year but not exceeding two years .. 4 More than two years but not exceeding three years .. 5 More than three years but not exceeding four years .. 6 More than four years but not exceeding five years .. 7 More than five years but not exceeding six years .. 8 More than six years but not exceeding seven years .. 9 More than seven years but not exceeding eight years .. 10 More than eight years but not exceeding nine years .. 11 More than nine years but not exceeding ten years 14 . . 12 More than ten years but not exceeding eleven years 10 13 More than eleven years but not exceeding twelve years 7 14 More than twtlve years but not e . x . c eedin . g . thirteen yea.r.s 5 15 More than thirteen years 4 I ** Explanation.-For the purpose of this baragraph, !'acquisition cost" shall be the aggregate cost of the chassis as well as the body of the stage carriage or contract carriage as charged by the manufacturm of chassis and by the body builder. , (2) ~ fi,n the opinion of the authorised dacer, any stage carriage er contract carriage so taken over is not road-worthy, such amount as may be determined by him as being the cost likely to be incurred in making the stage caliiage or contract carriage road-worthy, shall be ducted from the amount payable for such carriage. W13 :T .% .'Act tk21 Stage Carriage8 253 ld Contract Carriages (Acquisition) 2. In respect of instruments, machinery, tools, plants, apparatus and other equipments other than stores referred to in clause (i) of sub- section (2) of section 4, the amount to be paid shall b'e the assessed market value.

Explanation.-For the purpose of this paragraph, "assessed market valuev shall be the value of instruments, machinery, tools, plants, apparatus and other equipments other than stores referred to in clause (i) of sub-section (2) of section 4, as on the notified date deter- mined by two assessdrs, one each nominated in this behalf by the Govern- ment and the person interested and in case of any disagreement between the assessors, such value as determined by the arbitrator. 3. In respect of land, the amount to be paid shall be the market valu of the land fixed by the Collector of the district in accordance with the Land Acquisition Act, 1894 (Central Act 1 of 1894), without the element of solatium provided in that Act. 4. In respect of buildings, the amount to be paid shall be tho market value of the building as estimated by an officer not below the rank of Executive Engineer of the Public Works Department of the Government. 5. In respect of workshops, the amount to 6e paid shall be the aggregate amount payable under paragraph 2 and the amount payable under paragraphs 3 and 4. 6. (1) In respect of stores used for the maintenance of a stage carriage or contract carriage, the amount to be paid shall be the book value of such stores. Explanation.-For the purpose of this paragraph, '<book valuew shall mean the value, on the date immediately preceding the notified date as shown in the last balance sheet by the stage carriage operator or contract carriage operator. (2) Where the book value is not available, the amount to be paid shall be as on the notified date determined by two assessors, one each nominated in this behalf by the Government and the person interested and in case of any disagreement between the assessors, such value a& determined by the arbitrator. 7. In addition to the amount payable under paragraphs 1 to 6, for every permit acquired under this Act, there shall be paid,- (i) a sum of one hundred rupees, where the unexpired period of the permit is less than fifteen days, and (ii) in any other case, a sum of two hundred rupees for evev complete month, or part of a month exceeding fifteen days of the ua. expired period of the permit : Provided that the amount of Compensation under this paragraph shall, in no case, be less than four hundred rupees.