The KARNATAKA STATE MOTOR VEHICLE (SPECIAL PROVISIONS) ACT, 2015

 
 
KARNATAKA ACT NO 1 OF 2016 
THE KARNATAKA STATE MOTOR VEHICLE (SPECIAL PROVISIONS) ACT, 2015 
Arrangement of Sections 
Sections: 
1. Short title, extent and commencement 
2. Definitions 
3. Grant of permit under certain circumstances 
4. Issue of temporary permits 
5. Construction of reference to Motor Vehicles Act 
6. Savings 
7. Removal of difficulties 
 
 
 
STATEMENT OF OBJECTS AND REASONS 
 
Amending Act 01 of 2016 .- The Hon’ble Supreme Court in B.A Lingareddy Vs Karnataka 
State Transport Authority (2015 AIR SCW 279), after exhaustive review of the case law while 
considering the specific assertion on behalf of the appellant, it categorically laid down that a permit 
cannot be granted for the for a non -notified route which overlap or traverses the notified route and 
declared the permits granted country to the scheme are illegal. 
 
And whereas section 102 of the Motor Vehicle Act, 1988 empowers the State Government to 
modify any approved scheme.  The Supreme Court in Karnataka State Road Transport Corporation 
Vs Asharafulla Khan(2002)2 SCC 560 has help that modification may be effected only to need and 
convenient of the travelling public on representation of the travelling public or on the ground that the 
Transport undertaking lacks the necessary resources in the form of vehicle or infrastructure to meet 
the public demand The Karnataka State Transport undertaking has expressed its inability to stars 
stage carriage vehicles in the areas of approved scheme immediately. 
 
Therefore, it is considered necessary to make certain special provisions to prevent 
inconvenience to travelling public by sudden stoppage of existing permit holders of private stage 
carriage under the Motor Vehicles Act, 1988 in relation to the areas of approved schemes and routes 
notified under Chapter -VI of that Act and to prov ide for an enabling provision to issue temporary to 
meet the need of the day and matters connected therewith or incidental thereto; 
 
  [L.A. Bill No.36 of 2015 File No. Samvyashae 43 Shasana 2015] 
[entry 35 of list III of the Seventh Schedule to the Constitution of India.] 
 
 
 
  
 2 
 
KARNATAKA ACT NO 1 OF 2016 
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty third day of February, 2016) 
 
THE KARNATAKA STATE MOTOR VEHICLE (SPECIAL PROVISIONS) ACT, 2015 
(Received the assent of the President on the tenth day of February, 2016) 
 
An Act to make certain special provisions, to prevent inconvenience to the travelling public by 
the sudden stoppage of the existing permit holders of stage carriages under the Motor Vehicles Act, 
1988 in relation to the areas of approved schemes and routes notified under Chapter -VI of that Act 
and to provide for matters connected therewith or incidental thereto. 
Whereas the Hon’ble Supreme Court in B.A Lingareddy Vs Karnataka State Transport 
Authority (2015 AIR SCW 279), after exhaustive review of the case law while considering the specific 
assertion on behalf of the appellant, it categorically laid down that a permit cannot be granted for a 
non-notified  route which overlap or traverses the notified route and declared the permits granted 
contrary to the scheme are illegal.   
 And whereas section 102 of the Motor Vehicle Act, 1988 empowers the State Government to 
modify any approved scheme.  The Supreme Court in Karnataka State Road Transport Corporation 
Vs Asharafulla Khan(2002)2 SCC 560 has held that modification may be effected only to need and 
convenient of the travelling public on representation of the travelling public or on the ground that the 
State Transport undertaking lacks the necessary resources i n the form of vehicle or infrastructure to 
meet the public demand. 
Whereas the Karnataka State Transport undertaking has expressed its inability to start stage 
carriage vehicles in the areas of approved scheme immediately. 
 Whereas it is expedient to make certain special provisions to prevent inconvenience to 
travelling public by sudden stoppage of existing permit holders of private stage carriage under the 
Motor Vehicles Act, 1988 in relation to the areas of approved schemes and routes notified under 
Chapter-VI of that Act and to provide for matters connected therewith or incidental thereto; 
Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India 
as follows :-  
 
1. Short title, extent and commencement.- (1) This Act may be called the  Karnataka State 
Motor Vehicles (Special Provisions) Act, 2015.  
(2) It extends to part of Karnataka State on the areas of approved Schemes or routes of Kolar 
Scheme, Bellary Scheme, Bangalore Scheme, BTS Scheme, Mysore Schem e and Kanakapura 
Schemes promulgated under the Motor Vehicles Act, 1939. 
(3) It shall come into force at once. 
 
2. Definitions.- (1)  In this Act, unless the context otherwise requires,- 
(a) "approved schemes" means,- 
(i) The Kolar Scheme published under sub-section (3) of section 68D of the Motor Vehicle 
Act, 1939 in Notification No. HD 70(2) TMP 64, dated:10.01.1968 and further modified 
in Notification No. 1 HD 45 TMI 76, dated: 10.01.1980; 
(ii) The Mysore Scheme  published under section 68D of the Motor Vehicle Act, 1939 in 
Notification No. HD 200 TMP 60, dated: 10.11.1960; 
(iii) The Bangalore Scheme published under section 68D of the Motor Vehicle Act, 1939 in 
Notification No.HD 172 (2) TMP 60 dated 07.06.1960. 
(iv)  The BTS Scheme published under section 68D of the Motor Vehicle Act, 1939 in 
Notification No. HD 202 TMP 60, dated 16.01.1961. 
(v)  The Kanakapura Scheme published under section 68D of the Motor Vehicle Act, 1939 
in Notification No. HD 141 TMP 65, dated 30.12.1965. 
(vi) The Bellary Scheme published under section 68D of the Motor Vehicle Act, 1939 in 
Notification No.HD 22 TMP 64, dated 18.04.1964 and further modified in Notification 
No. HD 45 TMP 76, dated 10.01.1980. 
(b) "Courts" means the High Court of Karnataka and the Supreme Court of India; 
(c)  "Existing permit holder" means the private operator holding the stage carriage permit 
granted either under the Motor Vehicles Act, 1939 or under the Motor Vehicles Act, 1988 and 
obtained permit to operate on the areas of approved Scheme or routes or portion of the areas of 
approved Scheme or routes and operating the stage carriage services as on 17.12.2014; 
 3 
(d) "Motor Vehicles Act" means the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988); 
 (e)  The expression "notified route" shall have the same meaning as in se ction 100 of the 
Motor Vehicles Act. 
 (2)  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. 
 
3. Grant of permit under certain circumstances.- Notwithstanding anything contained in the 
Chapter-VI of the Motor Vehicles Act or in any Judgement, decree or order passed by the Karnataka 
State Transport Appellant Tribunal or by any Courts or Authority, as the case may be, the State 
Transport Authority or the Regional Transport Authority on an application made to it in accordance 
with this Act for grant a permit by the existing permit holders on the areas of approved Schemes or 
routes, may grant temporary permit under section 4, for the intra District route or inter District route or 
for interstate route on the routes and trips recognized under the inter state Agreement between the 
State Government of Karnataka and any other states in accordance with the Motor Vehicles Act, 
1939 or the Motor Vehicles Act by preferring the existing permit holder. Since they have experience in 
operating with these routes.  
Provided that the permits granted under this section shall have the same effect as if the permit 
is granted under Chapter-V of the Motor Vehicles Act. 
 
4. Issue of temporary permits. -  The State Transport Authority or the Regional Transport 
Authority, as the case may be, shall receive the applications including existing permit holders for 
grant of permits under this Act within thirty days from the date of this Act  come into force.  The 
authority concerned shall dispose of the applications for grant of permits within thirty days thereafter 
by preferring existing permits.  
Provided that, the temporary permits shall be granted in accordance with the procedure 
specified in section 87 of the Motor Vehicles Act at the first instance, which can be extended for one 
year or till the State Transport Undertakings starts operating their services  whichever is earlier. 
 
 5. Construction of reference to Motor Vehicles Act.-  The reference in this Act to any of the 
provisions or any chapter of the Motor Vehicle Act other than the one specified in this Act be 
construed as reference to the corresponding provisions or chapter of the Motor Vehicles Act. 
 
 6. Savings.-  Save as otherwise provided in this Act, the provision of this Act shall be in 
addition to and not in derogation of any other law for the time being in force and nothing contained 
herein shall exempt any person from any proceeding by way of investigation or otherwise which 
might, apart from this Act, be instituted against him. 
 
7. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may by notification, make such provision not in consistent  with the provisions 
of this Act, as appear to it to be necessary or expedient for removing the difficulty: 
Provided that no such order shall be issued after the expiry of two years from the date of 
commencement of this Act. 
 
 The above translation of PÀ£ÁðlPÀ gÁdå ªÉÆÃmÁgÀÄ ªÁºÀ£ÀUÀ¼À («±ÉõÀ G¥À§AzsÀUÀ¼À) C¢ü¤AiÀĪÀÄ, 2015  
(2016gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:1) be published in the Official Gazette under clause (3) of Article 348 of 
the Constitution of India.  
 
 
VAJUBHAI VALA 
GOVERNOR OF KARNATAKA 
 
By Order and in the name of the Governor of Karnataka 
 
K. DWARAKANATH BABU 
Special Secretary to Government 
Department of Parliamentary Affairs 

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