The Motor Vehicles (Tamil Nadu Amendment) Act, 1948

This Act may be called the Motor Vehicles ([Tamil Nadu] Amendment) Act, 1948.

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After section 43 of the said Act, the following section shall be inserted, namely :- "43-A. The [State] Government may issue such orders and directions of a general character as it may consider necessary, in respect of any matter relating to road transport, to the [State] Transport Authority or a Regional Transport Authority ; and such Transport Authority shall give effect to all such orders and directions."

In sub-section

1. (8) of section 57 of the principal Act, after the words “by the inclusion of a new route or routes or a new area”, the words "or by the variation, extension or curtailment of the route or routes or the area specified in the permit" shall be inserted.

After section 44 of the said Act, the following section shall be inserted, namely :- "44-A. The [State] Government may appoint a [State] Transport Commissioner ; and notwithstanding anything contained in this Act, may, by notification in the Fort St. George Gazette, authorize such Commissioner or any officer subordinate to him, to exercise and discharge, in lieu of any other authority prescribed by or under this Act, such powers and functions as may be specified in the notification."

After section 68-H of the principal Act, the following section shall be inserted, namely :- "68-HH. Delegation of powers.-The State Government may, by notification, direct that the powers exercisable by it under this Chapter or the rules made thereunder or by the State transport undertaking as defined in clause

1. (a) of section 68-A shall, in relation to such matters and subject to such conditions, as may be specified in the notification, be exercisable also by such authority or gazetted officer subordinate to the State Government as may be specified in the notification."

Act to apply to pending applications, and proceedings relating to any stage carriage permit or the renewal of a stage permit pending before any court, authority or officer on the 18th April 1968, shall be disposed of under the principal Act as amended by this Act.

The Motor Vehicles (Madras Amendment) Ordinance, 1968 (Madras Ordinance 1 of 1968), is hereby repealed.

In section 64-A of the principal Act, after the expression "record of any case ", the expression "(not being a case relating to the limiting the number of stage carriages or the opening of a new route under sub-section

1. (3) of section 47)" shall be inserted.

After section 64-A of the principal Act, the following section shall be inserted, namely :- "64-B. Revision by High Court.-The State Transport Appellate Tribunal shall be deemed to be a Court subordinate to the High Court for the purpose of section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908) and its orders shall be liable to revision by the High Court under the provisions of the said section."

All applications for, and proceedings (whether original or by way of appeal) relating to-

1. (a) the grant of a stage carriage permit ; or
2. (b) the renewal of a stage carriage permit ; or
3. (c) the transfer of a stage carriage permit under section 59 ; or
4. (d) the limiting the number of stage carriages or the opening of a new route, pending before any Court, transport authority or officer on the 18th June 1971 and appeal or revision, if any, arising from such pending application or proceeding, shall be disposed of under the principal Act, as amended by this Act.

The Motor Vehicles (Tamil Nadu Second Amendment) Ordinance, 1971 (Tamil Nadu Ordinance 6 of 1971), is hereby repealed.