Tamil Nadu Fleet Operators Stage Carriages (Acquisition) Act, 1971
No: 37 Dated: Dec, 07 1971
THE TAMIL NADU FLEET OPERATORS STAGE CARRIAGES (ACQUIS 1TIUX) ACT, 1971
(Tamil Nadu Act 37 of 1971)
An Act to provide for the acquisition of stage carriages of fleet operators holding fifty or more stage carnage permits and for certain other matters connected therewith in the State of Tamil Nadu.
Whereas under 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;
And Whereas for that purpose it is expedient to nationalise the commanding heights of the economy;
And Whereas it is necessary in the public interest to acquire all passenger transport divisions of fleet operators holding fifty or more stage carriage permits;
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-second Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Fleet Operators Stage Carriages (Acquisition) Act, 1971.
(2) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "acquired property" means the stage carriages and other property vesting in the Government under section 3;
(b) "administrator" means an administrator appointed under section 13;
(c) "authorised officer" means an authorised officer appointed under section 14;
(d) "award" means any award of an arbitrator made under section 5;
(e) "fleet operator" means an operator holding on the 19th June 1971 or on any date subsequent to the 19th June 1971 fifty or more stage carriage permits notwithstanding that all or any of such stage carriage permits had expired after the said date but before the notified date:
Provided that in computing the number of stage carriage permits for the purposes of this clause-
(i) the number of permits in respect of reserve vehicles kept by the operator to maintain the service; or
(ii) the number of temporary permits granted under clause (a), clause (b) or clause (c) of section 62 of the Motor Vehicles Act, shall be excluded;
(f) "Government" means the State Government;
(g) "Motor Vehicles Act" means the [Motor Vehicles Act, 1939 (Central Act IV of 1939)];
(h) "notified date" in respect of any fleet operator means the date specified in the notification issued under sub-section (1) of section 3 in respect of such fleet operator;
(i) "operator" means any person whose name is entered in the stage carriage permit as the holder thereof;
(j) "permit" means the permit granted under the Motor Vehicles Act authorising the use of a vehicle as a stage carriage in any part of the State;
(k) "person interested" in relation to any acquired property includes the fleet operator and any other person claiming, or entitled to claim, an interest in the compensation payable on account of the acquisition of such property under this Act;
(l) "stage carnage" 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 vehicle or vehicles run on temporary permits;
(m) 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. Vesting of stage carriages, etc., in the Government. - (1) On and from such date as may be notified by the Government in this behalf in respect of any fleet operator, every stage carriage owned or operated by such fleet operator shall vest in the Government absolutely and free from all encumbrances.
(2) Upon the issue of a notification under sub-section (1) in respect of any fleet operator-
(i) all lands, buildings, work-shops and other places and all stores, instruments, machinery, tools, plants, apparatus and other equipment exclusively used for the maintenance or repair of, or otherwise in connection with the service of, stage carriages; and
(ii) all books of account, registers, records and all other documents of whatever nature relating to the stage carriages vested in the Government under sub-section (1) or to the property mentioned in clause (i);
shall vest in the Government absolutely and free from all encumbrances.
(3) The stage 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.
(4) Before issuing a notification under sub-section (1), the Government shall call upon the fleet operator to show cause why the stage carriages and other property referred to in sub-sections (1) and (2) should not be acquired and after considering the cause, if any, shown by the fleet operator and after giving the fleet operator an opportunity of being heard, the Government may pass such orders as they deem fit.
4. Duty of fleet operator to furnish particulars. - The fleet operator shall, within thirty days from the notified date, or within such further time as the Government may allow in this behalf, furnish to the Government or any officer 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, decrees, awards, standing orders and other instruments relating to leave, pension, gratuity, provident fund and other terms of services of any person exclusively employed in relation to the acquired property) in force immediately before the notified date and the Government shall afford him all reasonable facilities for this purpose.