LexThe Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992.
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The Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992
Act 41 of 1992
Keyword(s):
Approved Scheme, Draft Scheme, Motor Vehicles Act
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I Regf$tered W4' 'n'ifl
I . P
TAMIL. NADU
MADHAS, FWD-GY, JULY -:I, I992
% :!I; 1% .?A\GELRASA, THlf UVALLUV R AAb DU- 23
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part IV-Section 2
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The follo~ving A,.? of thc 'I'nmil Sadn Lexis.lat;se Asembly received tlle
nsspnt of the I'rcsidznt on tllc 3lht .July 1992 and i>t il;re\)y pnl)lisl~ed for
general information :-
ACT No. 41 OF 1992.
AIZ -1cf fr mnbe ctirlrriia specia2; provisions in respect of pernzits for stage
cclrrin(,c.s ~rnd!r lile illofor 17ehicles Act, 1988 and in relation to the
schentes and Jozctes notified un&e4. Chapter VI of thaJ Act and to provide
for ttzudters connected therewith.
El3 it enacted'hy the Legislative Assembly of the State of Tamil Nadu in the
Fort)--third Year of the liepublic of India as follows :-
1 (1 ) Thiq Act may be called the Tamil Nadu Motor Vehicles (~pec'ial Short title, exten%
IJ1,o\.i~ions j Act, 3992. J cmmencemeat
and applica-
(2) It extenda to the whole of the State of Tamil Nadu. tion.
(3) The provisions of this Act (except sections 6 and 7) shdl be dee5-fied
to have come into force on the 4th June 1976 and remain in force upto and
inclusive of the 30th June 1990 and section 6 shall be deemd to have come i:ito
force on the 1st July 1990 :
Proviclecl that the provisions of this Act so far as +hey relate to sectim
G, shall be deemed to have continued in force on and from the 1st July 1990.
(4) It shall apply only in relaition to draft schemes, approved schewes
and notified routes.
2. Tn this Act, unless the context otherwise requires,- Definition:
((1) " appl-OVC~ scheme " means a scheme approved under section 100
of thc ISotor Vehicles Act :
(b) " dril ft whemc " nleansl ai ghcnie published under section 99 ,of a;+$,*".
the Motor Vehicles Act ;
(c) " Motor T-c~~cI~s Aet " means the Motor fihicles net, 1985 ;
(d) the esp~.~ssion " notified ronte " shrill i.11~ fi.inmc nleaning
ns in ~ection 100 of the Motor Vehicles Act ; i
i
I
liroub IV-2 EX [4691--1 f 157 7
158 . . ,-
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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F , (e) wol'tls ~lr~tl c~xprossions usud I~crcin ant1 no1 tlcfinotl l)lit clciinc(1
in the Motor Vcliiclcs Act shall have the nlctlnings rcspcctivcly uss~gnccl to
them in that 11 ct.
Grant of 3 (I) Piotwitllstnnding anything contqined in a 1 1 01 ;In
&rfnjt under approved scheme,, the 12egl ma1 'I'ransport Authority may, on :Ln applicntion
certain made in accorclance with the ;ules made in this hehall', grant ;L pcrmit or
hmstances' renew a permit to a anall operator to ply his stage carriage on the1 enti1.r
~OU~C covercd by the draft slchclne or the approved schcme or on such p@it!On
of the route covered by thc draft wheme or approved scheme as ma!: 1)c s~eri-
fied and for such period and subject to such terms and conditions which may
be in respect of matters specified in sub-section (2) of section 72 of the Motor
\-elljplcs Act or in re5pcct of ails otlicr 1lli~ti.c~ as ~t tliinlrs fit.
~.'cplnnalint~.--For the purposes of this sul,-sccbion and sec.tion 6
.'small operator " nleans any stage carriage operator holding on the date of
the commencement of this Act or oil any date subsequent to such date of
commencement, five or les~ stage carriage permits notwithstanding that all
or any stagc carriage permlts hakl expired after ~~ch date of commencement :
Provided that in compudng the nulllber of stage carri,age permits for
tile purposes of this sub-section-
(i) the number of permits in rospect of reserve vehicles kept by the
STag'e carnage operator to mainta'in thc service ; or
(ii) the number of temporary permis granted under clause (a).
cisuse (b), or clause (c) uf sub-seetion (1) of section 87 of the Motor Vehicles
AGt ,
(2) Notwithstanding apything contained in a &;aft scheme or an
wproved schcme, the Regional Tramport Authority may, on an applicat,ion
~ade in accordance with the rules made in this behalf vary the conditiorls of
a permit for a stage carriage so as to enable the applicant to opcratc on the
elltire route or any portion of the route covered by such draft scheme or mi
apppoved sxhenie.
(3) For thc period during which thc permit referred to under ~~1)-
section (1) or sub-seetion (2) is in forcc, the draft schemc or the approved
schenie~ relating to the entire route or portion of the route refcrrcd to in tl~c
said sub-sections shall 1)c deemed to have becn modified to the extent ~pecific~ci
in the said sub-sections.
Existing perniit.9 (4) Notwithstanding anything contained in Chapter Vl incluclirrr:
to be section 98 of the RIotor Trehiclcr Act, the provisions of Chapter TT of that +;cat
and !he rules made thereunder shall, so far as may be, apply in relation to the
g~ant, renewa,l or variatior~ of permit under this section as they apply in
rchtion to the grant, renewal or variation of permit uncler th2 said Chapter 77.
4. r\'ot~vithstanding anything contained in a draft scheme or an approved
scheme or in section 3, all pellnits and temporary permits granted, .rencwi.d
or varied under the Motor Tiehicles Act or under the sflid gection 3
, , authorising the use of &age carriages on the entire route or any portion ot'
the route covered by such draft scheme or an approved scheme, shall he valid
for the period for which such permits were g-ranted, renewed or va'yied.
Act to - - 5. The provisions of sections 3, 4 and 6 slidl-have effect notwithstanding
override anything inconsistent tbrewith contained in) Chapters. V and VI incl~~c:in,z
Chapters V section 98 of the Motor Vehicles Act. I and VI of
Motor . . . . .
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINAjRY
6. (1) Not~vithstanding anything contained in the Motor Vehicles Act or ~~~~~~l or
in an approved *heme, the Regioml Transport Authority may, on an appli- variation
cation made in acc6rdance with the rules made in this behalf, renew t5~ pem'ts.
permit to a small operator to ply, his stage carriz~,e on the entire route
covered by the approved scheme or on such portion of the route covered
by the, approved scheme and forrsuch period and subject to such terms and
conditionst which may be in respect of matters specified in sub-section (2; of section 72 of the B1,otor Vehicles Act or in respect of any other matter as it
thinlis fit.
(2) Not~vithstanding anything contained, in the Motor Vehicles Act or
in an approved scheme, the Regional Transport Authority may, on an appli-
cation rnttde by the small operator in accordmce with the rules made in this
behalf and subject to s11c.h conditions as may be prescribed, vary the conditions
of a permit for a stage carriage so K, to enable the applicant to operate on
the entire route or ajny portion of the route covered by such approved scheme.
(3) Notwithstanding anything contained in Chapter VI including
section 98 of the Motor Vehicles Act, the p~ovisions of Chapter V of that
Act, and the rules made thereunder shall, so far as map be, apply in relation
to the renewal or variation of permit under this wction as they apply in
relation to the renewal or variation of permit under the said Chapter V.
(4) Notwithstanding anything contained in this Act, no new permit
shall he granted under this Act to any person on any route covered by an
approved scheme.
7. Sot~~ilhstancling anything contilined in spy law for the time being in
forc.e, (.ver.y sppiication for grant of new permit on as notiGcc1 mute and dl
appeals arising'therefrom or relating thereto, made or preferred before 6ie
date of publieation of thiq Act in the Tqzil Nadz~ Government Gwttc, and
pending,before any cou& or with any officer, authority or tribu~lal constiP~ted
unclcr the Motor Vehicles Act, on the said daite, shall ab,ate.
8. (1) The State Government may make rule@ to carry out :he purpows
of this Act.
(t'\ Tn pal-tic'ula~* and without prcjuclicc to the generality of the fcq-e-
going power, sucll rules may provide for,--
((I) the form in which, the time within which and the manner in
whivh an applica$ion under section 3 may be made ;
Pending
7
applications. '
and appeals .
for grant
of new
pennitst0 '
abate.
Power to make
rules. I
(b) the fees to be paid in respect of an application under section :l ;
(c) any other matter ~vliich may be prescribed.
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f") All m~les made under this Act shall be publidicd in the Tantil
~Yn(/?l ~ol~et~1~~~~~111 G~zetfe and unless they are expressed to come into force
on n particula~ day, shall come into force on the day on which they are so
pnl)lishei(.
(4) ~vcrp rule made under this Act shall, as soon ao possible after .
it j, tli;rtle, I,e pl;lccd on thc tal)l*! of the T,c!gi.;lativc Asscmt)ly, and if, heE.-,re
the cs[,ir? or' the in which, it is so placccl nr the next sewion, the
Asscmhly ~nalres any modification in any such rule or the Assembly decides
th:,t tllc: rule shoulJ not be nlacle, the rule shall thereafter have effect only in
hll('ll ~l,otIifietl f'or.111 or be oC no effect, as thc 7nse 1na.y I)c, so, ho\sevcr, that
:I"!' ,II,.]I i~io(lificnfion or nnnuln~cnt ~11;111 1)(1 !\rilllo 11 p~qjutlic.o to tllc \~;ilitlit~~
of :~nythin:. prcvionsly donc under that rule . .. j 2,
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1. i\tiy tvcl'crc>r.r in 'VIlih A(-t t,n any or the pfovi ions 01- any C111:il)+ctr Construction of
i of I hc Moior Vchi(*lrs Act sl~nll, during llir pcrinll cos,rwneiny Fmln tile 4th , ;~'~v~iclM d:l,v ol' .lllnc. 1976 ;in(Z ending with the 30tl1 clay ol' .runt 1!183, 1)c constrncd ns 1939.
- refcrencc lo the rorresponding provisions or Chapter of the Motor vehicles/
Act, 1939. \ 1 8 .. J
160 - TAMIL NADU GOVERNMENT GAZETTE EXTRAORD [NARY --
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Validation,
Savloi. ,
10. Notwithstanding anytliing conlained in Chapter V or VL ini,Iu(!lng
scctioll 98 of the Motor Vehicles Act, ail proceedings takon i'or thc ~I.I(,I ol',
and all orders pawcl granting permits or rencvval or" trilnsl'cr oi .it,c,h
permits or any veation, modification, extension or curtailment of tllc rou!e
or routes specified in a stage carriage permit during the period comrncnciny
t)u bhe 4th day of June 1976 and ending with the date of the publication of
this Act in the Tonzil Nadu tiovernnzent Gazette, shall, for ail1 purposes, be
deemed to be and to have always been taken or passed in accordance with the
provisions of this Act as if this Act h& been ill force at all riiiltcrial times.
17 11. Save as, otherwise provided in this Act, the provis~olls ol this Act
shall be in addition to, and not in dorogation of any other law lor 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 Cronl
this Act, be instituted against him.
(By order of the Governor)
MD. ISMBIL,
Secretary to Gover~~nent, Lnzo I)eprrr./))tcnt.
!
hi;;FED.&D P~BL~SH~DTHE~~ESOR OF STATIO;LRY%~ PRIYTING, ~~~DRAS*
ON REHALF OF THE GOVFRNMEST OF TaM!L 4 .\Dl i
i
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