The Karnataka State Motor Vehicle (Special Provisions) Act, 2015

KARNATAKA ACT NO 1 OF 2016

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

(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 Scheme and Kanakapura Schemes promulgated under the Motor Vehicles Act, 1939. (3) It shall come into force at once.

(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; (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 section 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.

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.

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.

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.

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.

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.