|
Short title.
|
1. This Act may be cited as the Private Omnibus Services (Amendment) Act, No. 38 of 1985.
|
|
Amendment of section 3 of Act No. 44 of 1983.
|
2. Section 3 of the Private Omnibus Services Act, No. 44 of 1983 (hereinafter referred to as the” principal enactment “) is hereby amended as follows:
|
(1) by the renumbering of that section as subsection (1) of that section;
|
|
(2) by the addition, immediately after the renumbered subsection (1), of the following new subsection :
|
” (2) No person shall use, on or after the date on which this subsection comes into operation, any vehicle, other than an omnibus, for the purpose of a regular service for the carriage of passengers for fee or reward.
|
|
|
(3) by the addition, immediately after subsection (2) of that section, of the following new subsections:
|
” (3) Any officer authorized under section 2 ‘3) or any police officer may seize any vehicle, used in contravention of the provisions of this section, and shall produce such vehicle, without undue delay, before the Magistrate’s Court within the local limits of whose jurisdiction it was seized.
|
|
|
(4) Where any vehicle is produced before a Magistrate’s Court under the provisions of subsection (3), the Magistrate may make order detaining the said vehicle until the conclusion of the trial or make order releasing the said vehicle subject to such conditions as the Magistrate may impose in the circumstances of the case. “.
|
|
|
Amendment of section 10 of the principal enactment.
|
3. Section 10 of the principal enactment is hereby amended as follows :
|
(1) by the renumbering of that section as subsection (1) of that section;
|
|
(2) by the substitution, for the marginal note to that section, of the following marginal note:
|
|
“Powers of Director to issue directions, inspect stage carriage permits and take into custody documents, & c.” ; and
|
|
(3) by the addition, immediately after the renumbered subsection (1), of the following new subsection:
|
” (2) The Director or any officer duly authorized by him under section 2 (3) may at any time
|
(a) enter any omnibus used for carrying passengers, for the purpose of ascertaining whether the provisions of this Act or regulations made hereunder or directions issued thereunder are being complied with;
|
|
(b) require the production by the driver of such omnibus, of the stage carriage permit or other document granted in respect of the omnibus;
|
|
(c) take into custody, such stage carriage permit or other document, or copy thereof. “.
|
|
|
|
|
Amendment of section 20 of the principal enactment.
|
4. Section 20 of the principal enactment is hereby amended as follows :
|
(1) by the repeal of subsection (1) of that section and the substitution therefor of the following new subsection:
|
” (1) The Minister shall, as soon as may be after the appointed date, by Order published in the Gazette
|
(a) constitute a District Private Omnibus Operators’ Association (hereinafter referred to as a ‘District Association ‘) for each administrative district or where the number of omnibuses as represented by the number of stage carriage permits issued for the purpose of the operation of regular services in any administrative district exceeds one thousand, constitute one or more District Associations within such administrative district; and
|
|
(b) assign a name to, and define the area of jurisdiction of, each of the District Associations so constituted” ;
|
|
|
|
(2) by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection :
|
“(3) Every person who is the holder of a stage carriage permit issued under this Act hereinafter referred to as a “private omnibus operator”) shall be a member of the District Association of the administrative district in which the place of origin of the route specified in the stage carriage permit is situated, and in any case where there is more than one District Association in a district, such person shall be a member of the District Association within the jurisdiction of which the place of origin of the route specified in the stage carriage permit is situated.’;
|
|
|
(3) by the insertion, immediately after subsection (3) of that section, of the following new subsection:-
|
” (4) In any proceedings, civil or criminal, an extract from, or a copy of, any register or record book, maintained by a District Association in the course of discharging its functions, and certified to be a true extract or copy by the Secretary of such District Association, shall be admissible in evidence without proof thereof, and shall be prima facie evidence of the contents of such register or record book. ” .
|
|
|
|
Insertion of new section 20A in the principal enactment.
|
5. The following new section is hereby inserted immediately after section 20, and shall have effect as section 20A, of the principal enactment:
|
“Director to maintain a register of members, & c.
|
20A.
|
(1) The Director shall maintain a register of members of each District Association who become members of such District Association under section 20 (3) .
|
|
(2) The register maintained under subsection (1) shall consist of the following particulars: –
|
(a) names and addresses of the members;
|
|
(d) the commencement and the termination of the route specified in stage carriage permit;
|
|
(e) date of issue and the date of expiry of the stage carriage permit; and
|
|
(f) such other matters as may be necessary for the efficient management of the District Association.
|
|
|
(3) The Director shall furnish to each District Association a copy of the register of members maintained under subsection (1) and of amendments made to such register from time to time.
|
|
(4) Every person who becomes a member of a District Association under section 20 (3) shall, within fourteen days of his becoming a member, pay to such District Association the fees specified in the First Schedule to this Act.
|
|
(5) Every member who defaults in the payment of the fees specified in the First Schedule to this Act shall not be entitled to exercise his rights as a member or use the facilities provided by the District .Association. “.
|
|
|
|
Amendment of section 22 of the principal enactment.
|
6. Section 22 of the principal enactment is hereby amended as follows:
|
(1) in subsection (3) of that section by the substitution, for the words” one year “, of the words” three years”;
|
|
(2) by the addition, immediately after subsection (3) of that section, of the following new subsection :-
|
” (4) The District Association shall pay monthly out of its net income an amount calculated on the basis of the rates set out in the Second Schedule to this Act to the Federation of Private Omnibus Operators Association established under section 23, to enable it to finance its operations. “.
|
|
|
|
Amendment pf section 25 of the Principal enactment.
|
7. Section 25 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words” one year”, of the words” three years”.
|
|
Amendment of section 26 of the principal enactment.
|
8. Section 26 of the principal enactment is hereby amended as follows :
|
(1) by the renumbering of that section as subsection (1) of that section; and
|
|
(2) by the addition, immediately after the renumbered subsection (1), of the following new subsection:
|
” (2) The District Associations and the Federation shall, in the course of discharging their functions, act under the general and special directions of the Director. Regulations may be made in regard to the nature of the directions that the Director may give in the exercise of this power. “.
|
|
|
|
Insertion of new section 27A in the principal enactment.
|
9. The following new section is hereby inserted immediately after section 27, and shall have effect as section 27 A, of the principal enactment:
|
” The powers of the Minister to remove office bearers, dissolve committees, & c.
|
27A.
|
(1) If at any time the Minister is satisfied that there is sufficient proof of
|
(a) persistent refusal to hold or attend meetings or to transact business at any meetings that may be held; or
|
|
(b) wilful neglect or misconduct in the performance of the duties imposed by this Act; or
|
|
(c) persistent disobedience to, or disregard of, the directions or recommendations of the Director; or
|
|
(d) incompetence and mismanagement; or
|
|
(e) abuse of powers conferred by this Act,
|
|
|
on the part of the President, the Secretary, the Treasurer or any of the members of a Committee of Management of a District Association or of the Executive Committee of the Federation, as the case may be, or on the part of a Committee of Management or of the Executive Committee, as the case may be, the Minister may, on the advice of the Director, as the circumstances of each case may require
|
(i) remove from office the President, the Secretary or the Treasurer of a Committee of Management of a District Association or of the Executive Committee of the Federation, as the case may be ; or
|
|
(ii) remove all or any of the members of a Committee of Management of a District Association or of the Executive Committee of the Federation, as the case may be; or
|
|
(iii) dissolve the Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be.
|
|
|
(2) Where the Minister removes the President, the Secretary or the Treasurer of a Committee of Management or the Executive Committee, as the case may be, under subsection (1) (i) or all or any of the members of a Committee of Management or the Executive Committee, as the case may be, under subsection (1) (ii) or dissolves a Committee of Management or the Executive Committee, as the case may be, ‘under subsection (1) (iii), he may appoint a senior public officer attached to the Department of Private Omnibus Transport, drawing a salary of not less than rupees thirteen thousand eight hundred per annum, to discharge the functions of the President, the Secretary or the Treasurer or any member so removed or to exercise the powers and functions of the Committee of Management or the Executive Committee, as the case may be, so dissolved until a fresh election is held or fresh nomination is made to fill such vacancy or a new Committee of Management or a new Executive Committee, as the case may be, is elected. The election, for the appointment of a new Committee of Management or the Executive Committee, as the case maybe, or for the filling of any vacancy in such Committee of Management or the Executive Committee, as the case may be, shall be held not later than six months from the dissolution of such Committee or the occurrence of such vacancy, as the case may be. “.
|
|
|
|
Amendment of section 28 of the principal enactment.
|
10. Section 28 of the principal enactment is hereby amended in subsection (2) of that section by the deletion of the words” and in consultation with the Commissioner of Motor Traffic”.
|
|
Insertion of new sections 28A, 28B, 28C, 28D,28E,28F,28G, and 28H in the principal enactment.
|
11. The following new sections are hereby inserted immediately after section 28′, and shall have effect as sections 28A, 28B, 28c, 28D, 28E, 28F, 28G and 28H, of the principal enactment:
|
“Power to charge fees.
|
28A.
|
(1) The charge to be levied by a local authority on a private omnibus for the use of a bus stand provided for the exclusive use of private omnibuses shall be determined by such local authority with the concurrence of the Director.
|
|
(2) No person or organisation other than a District Association or a local authority referred to in subsection (1) shall recover any charge from, or make any levy on, a private omnibus operator as stand fees, loading fees or any other fee or levy of a similar character.
|
|
(3) No local authority shall recover any payment direct from a private omnibus operator for any services provided by such local authority to such operator. Every payment due to such local authority from such operator shall be paid by the District Association of which he is a member, and the District Association shall enter into any agreement relating to such payment be with such local authority.
|
|
|
Use funds, premises, equipment & c. of a District Association or the Federation for election purposes prohibited.
|
28B.
|
(1) No person shall use the funds, the office premises, staff and equipment of a District Association or the Federation, as the case may be, for the purposes of an election to the Committee of Management of such Association or the Executive Committee of such Federation, as the case may be.
|
|
(2) Any person who is convicted of an offence under this Act by reason of a contravention of subsection (1), shall be disqualified from being elected to, or, from holding, any office in a District Association or the Federation, as the case may be, for a period of five years.
|
|
|
Funds and income to be credited to a bank account.
|
28C.
|
(1) All funds and income of a District Association, or the payment made to the Federation under section 22 (4) shall be credited to a bank account in a bank to be approved by the Director.
|
|
(2) Payments into, and out of, each such account shall be in the manner provided for by regulation made under this Act.
|
|
|
Audit.
|
28D.
|
(1) The Director shall, by a general or special order made in writing in that behalf, cause the accounts of every District Association and the Federation to be audited by some person authorized by him at least once in every calendar year.
|
|
(2) The audit under subsection (1) shall include an examination of over due debts, if any, and a valuation and verification of the assets and liabilities of every District Association and the Federation.
|
|
(3) For the purposes of an audit under subsection (1), the person authorized by the Director to audit the accounts of a District Association or the Federation, as the case may be, shall have the power
|
(a) to summon any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, or any other person who, in the opinion of the person authorized by the Director to audit such accounts, is able to furnish material information about any transaction of the District Association or the .Federation, as the case may be, or the management of its affairs;
|
|
(b) to require any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, to produce any book or document In his custody or possession, relating to the affairs of such District Association or the Federation, as the case may be, or any cash, security or other property in his custody or possession, belonging to such District Association or the Federation, as the case may be ;
|
|
(c) to take into his custody books of accounts or the documents of such District Association or the Federation, as the case may be, where he discovers a fraud in the course of such audit.
|
|
|
(4) Any person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall at all times have access to all the books, accounts, papers and securities of such District Association or the Federation, as the case may be, and shall be entitled to inspect the cash in hand, and every officer or member of such District Association or the Federation as the case may be, shall furnish such information as the person making the audit may require, in regard to all the transactions of such District Association or the Federation, as the case may be.
|
|
(5) Every person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall be deemed to be a public servant within the meaning of the Penal Code.
|
|
|
District Associations or the Federation to be notified of any discrepancies discovered in audit.
|
28E.
|
(1) If any discrepancies are discovered in the course of an audit, of a District Association or the Federation, as the case may be, the person conducting the audit shall inform the Director who shall bring it to the notice of such District Association or the Federation, as the case may be.
|
|
(2) The Director shall make an order directing such District Association or . its members or the Federation or its members to take such action as may be specified in the order within the time mentioned therein to remedy any discrepancies discovered in the course of the audit of such District Association or the Federation, as the case may be. It shall be the duty of District Association, the Federation or a member to whom such order is given to Comply therewith.
|
|
(3) Where a District Association or the Federation, as the case may be, fails to comply with an order under subsection (2) every member of the Committee of Management of such District Association and every member of the Executive Committee of such Federation, as the case may be, shall, unless he proves to the satisfaction of the court that
|
(a) there is no discrepancy in the accounts of the District Association or the Federation, as the case may be, as is specified in the order; or
|
|
(b) he has taken all steps within his power to comply with the order of the Director under subsection (2) ,
|
|
|
be deemed to be guilty of an offence under this section.
|
|
|
Inquiry.
|
28F.
|
(1) The Director may on his own motion and shall, on the application of a majority of the members of the Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be, or of not less than one third of the members of such District Association or of such Federation, hold an inquiry, or direct any person, authorized by him by order in writing in that behalf, to hold an inquiry, into the activities, functions and financial condition of such District Association or the Federation, as the case may be.
|
|
(2) For the purposes of an inquiry under subsection (1), the Director or any person authorized by him to hold an inquiry into the affairs of a District Association or the Federation, as,,-the case may be, shall have the power
|
(a) to summon any past or present office bearer, employee or member of such District Association or the Federation, as the case may be, or any other person who, in the opinion of the Director or the person authorized by him to hold such inquiry, is able to furnish material information about any transactions of such District Association or the Federation, as the case may be, or the management of its affairs;
|
|
(b) to require any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, to produce any book or document in his custody, or possession, relating to the affairs of such District Association or the Federation, as the case may be, or any cash,. security or other property in his custody or possession, belonging to such District Association or the Federation, as the case maybe;
|
|
(c) to summon a general meeting of the members of such District Association or the Federation, as the case may be, at such time and place as may be specified by him to ascertain any matters for the purposes of such inquiry; and
|
|
(d) to take into custody books of accounts or the documents of such District Association or the Federation, as the case may be, where he discovers a fraud in the course of such inquiry.
|
|
|
(3) Where an inquiry is held under this section into the affairs of a District Association or the Federation, as the case may be, the Director shall communicate the result of title inquiry to such District Association or the Federation, as the case may be.
|
|
(4) The Director and every person authorized by him to hold an inquiry under this section, shall be deemed to be public servants within the meaning of the Penal Code.
|
|
|
A District Association or the Federation to maintain certain books, records, & c.
|
28G.
|
(1) Every District Association shall in the discharge of its functions, maintain the following books and documents:
|
(a) a register of members;
|
|
(b) a record book of meetings of the District Association;
|
|
(c) a record book of the meetings of the Committee of Management;
|
|
(d) cash book and relevant documents;
|
|
(f) staff particulars, letters of appointment and salary particulars; and
|
|
(g) other documents necessary for the efficient functioning of a District Association.
|
|
|
(2) The Federation shall in the discharge of its functions, maintain the following books and documents:-
|
(a) a register of membership Federation;
|
|
(b) a record book of the meetings of the Federation; of the
|
|
(c) a record book of the meetings of the Executive Committee;
|
|
(d) cash book and relevant documents;
|
|
(f) staff particulars, letters of appointment and salary particulars; and
|
|
(g) other documents for the efficient functioning of the Federation.
|
|
|
|
Dissolution of the Committee of Management of a District Association or the Executive Committee of the Federation.
|
28H.
|
(1) If the Director is of the opinion after an inquiry under section 28F that the Committee of Management of any District Association or the Executive Committee of the Federation, as the case may be, is not discharging its functions properly, he may with the concurrence of the Minister after giving an opportunity to state their objections, if any, to its dissolution, and after considering such objections, at a general meeting of a District Association or the Federation, as the case may be, summoned by him by order in writing
|
(a) dissolve the Committee of Management of such District Association or the Executive Committee of the Federation, as the case may be ;
|
|
(b) direct that the affairs of such District Association Or the Federation, as the case may be, shall be managed and administered by a suitable person or persons appointed as hereinafter provided for until such time as new committees are elected. Such period shall not exceed six months.
|
|
|
(2) Where an order is made under subsection (1), the Director shall by the same or subsequent order, appoint a fit and proper person to manage and administer the affairs of a District Association or the Federation, as the case may be, and may from time to time, remove or replace any person or persons so appointed or appoint additional persons.
|
|
(3) Subject to the general direction and control of the Director, any person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be-
|
(a) shall have the power to recover the assets and discharge the liabilities of such District Association or the Federation, as the case may be, and take such other steps as may be necessary in the interests; and
|
|
(b) may exercise all the powers, rights and privileges of the duly constituted Committee of Management of such District Association or the Executive Committee of the Federation, as the case may be.
|
|
|
(4) The Director may fix the remuneration payable to any person or persons appointed by him under this section to manage the affairs of a District Association or the Federation, as the case may be. The amount of such remuneration and other expenses, if any, incurred in the management of a District Association or the Federation, as the case may be, shall be payable from its funds.
|
|
(5) It shall be the duty of the person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be and holding office immediately prior to the date on which the direction under paragraph (b) of subsection (1), ceases to have effect, to arrange, prior to the date aforesaid, for the appointment of a new committee in accordance with the by-laws of a District Association or the Federation, as the case may be.
|
|
(6)
|
(a) Where a Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be, has been dissolved under subsections (1), such Committee of Management or a member of such Committee or the Executive Committee or a member of such committee may prefer an appeal against such order, to the Minister within two months from the date of the order.
|
|
(b) Where no appeal is preferred within two months from the date of making of an order canceling the registration of a District Association or the Federation, as the case may be, the order shall take effect on the expiry of that period. Where an appeal has been preferred within two months, the order shall not take effect until it is confirmed on appeal”.
|
|
|
|
|
Insertion of new sections 31A and 31B in the principal enactment.
|
12. The following new sections are hereby inserted immediately after section 31, and shall have effect as sections 31A and 31B, of the principal enactment:
|
“Offences under this Act cognizable.
|
31A.
|
(1) Notwithstanding anything to the contrary in the First Schedule to the Code of Criminal Procedure Act, No. 15 of 1979, every offence under this Act shall be a cognizable offence.
|
|
(2) The Director and any person authorized by the Director under section 2 (3), shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, to exercise, for the purposes of this Act, any power conferred on a peace officer by that Act.
|
|
|
Imposition of on the spot fines.
|
31B. Any person who, on detection by an officer authorized by the Director, or a police officer, admits liability for any contravention of the provisions of this Act, may in lieu of prosecution for that offence, make payment of a fine of the amount Set out in the Third Schedule to this Act in respect of the offence to which he has admitted liability. Such payment shall be made at any Kachcheri or post office and the receipt in proof of such payment shall, within two weeks of the detection, be forwarded either by personal delivery or by registered post to the enforcement officer of the Department of Private Omnibus Transport or to the officer-in charge of the police station named by the police officer making the detection.”.
|
|
|
Amendment of section 35 of the principal enactment.
|
13. Section 35 of the principal enactment is hereby amended by the insertion immediately after the definition of “prescribed “, of the following new definition :
|
|
” route” means the entire route from the commencement to the termination of the route specified in a stage carriage permit.’.
|
|
Insertion of Schedules in the principal enactment.
|
14. The following Schedules are hereby inserted immediately after section 35 of the principal enactment:
|
Schedules
|
