Delhi Road Transport Laws (Amendment) Act, 1971

(1) This Act may be called the Delhi Road Transport Laws (Amendment) Act, 1971. (2) It shall be deemed to have come into force on the 3rd day of November, 1971. (2) All offences against this Act or any rule made thereunder, without the limits of Union territory of Delhi, shall be cognizable by a magistrate.

In the Road Transport Corporations Act, 1950, in section 1.— (i) in sub-section (2) the words "except the Union territory of Delhi" shall be omitted; (ii) to sub-section (2), the following proviso shall be added, namely:— "Provided that on and from the commencement of the Delhi Road Transport Laws (Amendment) Act, 1971, this Act, as amended by the said Act, shall extend to, and be in force in the Union Territory of Delhi."

In this Act, unless the context otherwise requires,— (a) "Municipal Corporation of Delhi" means the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957; (b) "new Corporation" means the new Road Transport Corporation for the Union territory of Delhi established under Section 3 of the Road Transport Corporation Act, 1950.

On the establishment, under the Road Transport Corporations Act, 1950, of a new Corporation— (a) all properties, movable and immovable, and all interests of whatsoever nature and kind therein belonging to, or vested in, the Municipal Corporation of Delhi, for the purpose of the Delhi Transport Undertaking immediately before such establishment, shall vest in the new Corporation; (b) all debts, obligations and liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with or for, the Municipal Corporation of Delhi for the purpose of the Delhi Transport Undertaking, and subsisting immediately before such establishment, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the new Corporation; (c) all suits, prosecutions and other legal proceedings instituted, or which might have been instituted, by, for or against, the Municipal Corporation of Delhi for the purpose of Delhi Transport Undertaking, may,— (i) if such suit, prosecution or other legal proceeding was pending immediately before the establishment of the new Corporation, or (ii) if the cause of action for such suit, prosecution or other legal proceeding arose before such establishment and the institution of such suit, prosecution or other legal proceeding was not barred before such establishment by any law for the time being in force: be continued or, as the case may be, instituted, by, for or against, the new Corporation; (d) all rules, regulations, appointments, notifications, bye-laws, schemes, orders, standing orders and forms relating to transport services, whether made under the Delhi Road Transport Authority Act, 1950, or under the Delhi Municipal Corporation Act, 1957 and in force immediately before such establishment, shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to be regulations made by the new Corporation under section 45 of the Road Transport Corporation Act, 1950, unless and until they are superseded by regulations made under that section; (e) notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, every officer and other employee of the Municipal Corporation of Delhi appointed or deemed to be appointed for the purpose of the Delhi Transport Undertaking shall be transferred to, and become an officer or other employee of, the new Corporation with such designation as the new Corporation may determine and shall hold such office by the same tenure, on the same remuneration and on the same terms and conditions of service and with the same right to pension, gratuity and other matters as he would have held the same if the new Corporation had not been established and shall continue to do so unless and until such employment, tenure, remuneration and terms and conditions of service are duly altered or terminated by the new Corporation: Provided that the tenure, remuneration and other terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the approval of the Central Government: Provided further that any service rendered, or deemed to have been rendered, in relation to road transport service, under the Municipal Corporation of Delhi, by any such officer or other employee before the establishment of the new Corporation shall be deemed to be service rendered under the new Corporation.

(1) Where the sum total of the value of the properties and interests referred to in clause (a) of section 4, vested in the new Corporation (hereinafter in this section referred to as "the assets") exceeds the sum total of the debts, obligations and liabilities which are deemed to have been incurred by the new Corporation under clause (b) of that section (hereinafter in this section referred to as "the liabilities"), such excess shall be paid by the new Corporation to the Municipal Corporation of Delhi on such terms and conditions as may be determined by the Central Government in this behalf. (2) Where the sum total of the liabilities exceeds the sum total of the value of the assets, such excess shall be paid by the Municipal Corporation of Delhi to the new Corporation on such terms and conditions as may be determined by the Central Government in this behalf. (3) The sum total of the value of the assets and the sum total of the liabilities shall be such amounts as may be arrived at by agreement between the Municipal Corporation of Delhi and the new Corporation and where no such agreement can be reached, the amounts shall be determined by an arbitral tribunal consisting of one nominee of the Municipal Corporation of Delhi, one nominee of the new Corporation and a Chairman, to be nominated by the Chief Justice of the High Court of Delhi. (4) An appeal shall lie to the High Court of Delhi against the decision of the tribunal and the order of that High Court on such appeal shall be final.

The Central Government may, by order, in writing, exempt all or any of the vehicles of the new Corporation from payment of any tolls or other charges leviable under any enactment for the time being in force, for the use of the roads within the Union territory of Delhi.

Save as otherwise expressly provided in this Act, on and from the commencement of this Act— (a) the Road Transport Corporations Act, 1950, shall, in its application to the Union territory of Delhi, be subject to the amendments specified in the First Schedule; (b) the Delhi Municipal Corporation Act, 1957, shall, in relation to the transport services in the Union territory of Delhi, be subject to the amendments specified in the Second Schedule and references therein to "this Act" shall be construed as references to the "Road Transport Corporations Act, 1950"; (c) the Motor Vehicles Act, 1939, shall, in its application to the Union territory of Delhi, have effect subject to the provisions specified in the Third Schedule.

(1) The Delhi Road Transport Laws (Amendment) Ordinance, 1971, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Road Transport Corporation Act, 1950, or the Delhi Municipal Corporation Act, 1957, or the Motor Vehicles Act, 1939, as amended by the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of the Road Transport Corporations Act, 1950, the Delhi Municipal Corporation Act, 1957, or the Motor Vehicles Act, 1939, as the case may be, as amended by this Act.

1. (1) When any articles or goods have come into the possession of a Corporation for carriage or otherwise and are not claimed by the owner or any other person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or other person is known, cause a notice to be served upon him, requiring him to remove the articles or goods within the time specified in the notice. (2) If such articles or goods are not claimed and removed within the time specified in the notice, or if the owner or any other person is not known, the Corporation shall, after deducting expenses for holding the sale or any amount which may be due to the Corporation, credit the sale proceeds of the articles or goods by public auction to the fund of the Corporation, provided that such credited amounts may be paid if claimed. (3) The Corporation shall not incur on any single work, service or scheme or for any other purpose a capital expenditure of more than Rs. 25,00,000 except with the previous approval of the Central Government.

For "the Central Government in Consultation with the State Government", substitute "that Government".

1. (a) For Sub-section (1), Substitute: "The State Government may provide to a Corporation established by the Government any capital that may be required for carrying on its undertaking or for purposes connected therewith on such terms and conditions, not inconsistent with the provisions of this Act, as that Government may determine"; (b) in Sub-section (3), omit "the Central Government" and "in Consultation with the Central Government".

In Sub-section (2), omit "and the Central Government".

In sub-sections (1) and (2), omit "in consulation with the Central Government".

Omit "and the Central Government".

In Sub-section (4), for "the Legislature of the State", substitute "each House of Parliament".

1. (a) In sub-section (2), for "Central and the State Governemt", substitute "State Government"; (b) in sub-section (3), for "the Legissature of the State" substitute "each House of Parliament".

In sub-section (3), for "the Legislature of the State", substitute "each House of Parliament".

Omit "with the previous approval of the Central Government".

In sub-section (2), for "Central and the State Government", substitute "State Government".

1. (1) In clause (b), for "High Court exercising jurisdiction in relation to the State concerned", substitute "High Court of Delhi". (2) in clause (g) (a) for "lie to the High Court", substitute "lie to the High Court of Delhi". (b) for "order of the High Court", substitute "order of that High Court".

In sub-section (2) (i) in clause (a), for "the Central and the State Government" substitute "the State Government". (ii) after clause (m), insert "(mm) the service of notice and orders under this Act"

In sub-section (2), after clause (e), insert "(f) the period after the expiration of which unclaimed articles or goods may be sold by public auction; (g) the regulation of the carriage of passengers and goods in the road transport services of the Corporation".

After "rules made by it under section 44", insert "or any regulations made by a Corporation under section 45".

1. (1) No court shall proceed to the trial of any offence made punishable by or under this Act except on the complaint of, or on an information received from, the General Manager of the new Corporation or a person authorised by him by general or special order in this behalf in writing. (2) All offences against this Act or any rule made thereunder, committed without the limits of Union territory of Delhi, shall be cognizable by a magistrate.

(1) The State Government may appoint one or more magistrates of the first or second class for the trial of offences against this Act or any rule or regulation made thereunder or any bye-law continued thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.

(2) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the State Government.

(3) The new Corporation shall, out of its fund, pay to the State Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (2) together with all other incidental charges in connection with the establishments of the said magistrates.

(4) Such magistrates shall have jurisdiction over the whole of the Union territory of Delhi.

(5) For the purposes of the Code of Criminal Procedure, 1898, all magistrates appointed under this section shall be deemed to be magistrates appointed under section 12 of that Code.

(1) The General Manager of the new Corporation or any officer or other employee specially empowered by him in this behalf in writing may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.

(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

No person shall be liable to punishment for any offence against this Act or any rule or regulation made thereunder or any bye-law continued thereunder, unless complaint of such offence is made before a magistrate within six months next after—

(a) the date of the commission of such offence, or

(b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.

If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule or regulation made thereunder or any bye-law continued thereunder, fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if—

(a) service of the summons on such person is proved to his satisfaction, and

(b) no sufficient excuse is shown for the non-appearance of such person.

Section 432-In sub-section (1), omit "or the General Manager (Transport)". Section 433-In sub-sections (1) and (2), omit "or the General Manager (Transport)". Section 433-Omit "or the General Manager (Transport)"; Section 440 Omit "or the General Manager (Transport)". Section 442-In sub-section (1), omit "or the General Manager (Transport)". Section 443-For "the Commissioner, the General Manager (Electricity) or the General Manager (Transport)", substitute "the Commissioner or the General Manager (Electricity)". Section 450-Omit "and the General Manager (Transport)"; "respectively" and "and the Delhi transport Committee". Section 462-Omit "the Delhi Transport Committee" and "the General Manager (Transport)". Omit sections 467 to 473 (both inclusive). Section 476-In sub-section (2), omit clause (b). Section 481-In sub-section (1), omit the paragraph "D Bye-laws relating to transport services" and the entries occurring thereunder. Section 487-In sub-section (2), omit "or the Delhi Transport Undertaking".

(See section 7(c).) Application of the Motor Vehicles Act, 1939 in relation to the Union Territory of Delhi: The Central Government, (a) may, by notification in the Official Gazette, Subject to such terms and Conditions, if any, as it may deem fit to impose, authorise any person to exercise and perform, to the exclusion of the Licensing Authority, Registering Authority, Motor Vehicles Inspector, Traffic Inspector, Regional Transport Authority or State Transport Authority, as the case may be, and without followin the procedure laid down for the purpose in the Motor Vehicles Act, 1939, all or such of the powers, functions and duties of the Licensing Aurhority, Registering Authority, Traffic Inspector, Motor Vehicles Inspector, Regional Transport Authority or the State Transport Authority under the sala Act or under the rules made thereunder in relation to motor vehicles of the new Corporation and the drivers and conducte of those vehicles as m'y be specified in the notification; (b) may, if it so thinks necessary, by cancel, Suspend or vary the conditions of any stage carriage, contract carriage or public carrier's permit which has heen granted or countersigned under Chapter IV of the Motor Vehicles Act, 1939, by any Regional Transport Authority in the Union territory of Delhi or by the State Transport Authority, Delhi, and is valid within the whole or any part of that territory, and any order so passed shall be final; (c) if it so directs by order in writing, any Regional Transport Authority within the Union territory of Delhi or the State Transport Authority, Delhi, shall not grant, countersign or renew any permit under CHAPTER IV of the Moter Vehicles Act, 1939, other than a private carrier's permit; (d) may, by order in writing, exempt the motor vehicles of the new Corporation or the employees of its Undertaking from the provisions of the Motor Vehiclas Act, 1939, or of any rules made thereunder relating to the carrying of certificates of registration and fitness.