Keyword(s):
Administrator, Arbitrator, Contract Carriage, Contract Carriage Operator,
Motor Vehicle Act, State Carriage, State Carriage Operator

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.
WHEREASunder 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 ;
ANDWHEREASfor 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 ;
ANDWHEREASwith 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 TamilNadu
Government Gazette Extraordinary, dated the 9th February 1973,
Part IV-Section 3, pages 24-25.1973 :T.N-Act l2.l Stage Carriages and 233
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.

  1. (1) It is hereby declared that this Act is for giving ~~l~ration
    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.
  2. 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 ;234
    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
    1
    under section 6 ;
    (e) “authorised officer ” means an authorised
    officer appointed under section 19 ;
    (f)”award ” means any award of an arbitrator
    made under section 6;
    includes –
    I
    1I
    I
    (g) “contract carriage “shall have the same meaning
    as in clause (3) of section 2 of the Motor Vehicles Act and
    (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 ;
    but does not include a motor cab of a tourist vehicle as
    defined in the Motor Vehicles Act;
    (h) “contract carriage operator ” means anoperator
    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
    I
    permit as the holder thereof;1973 :T.N.Act 121 Stage Carriagesand 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 ;

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