Motor Transport

(1) There shall be established a board which shall be called the Ceylon Transport Board and which shall consist of-

(2) The Minister may appoint one of the members of the Ceylon Transport Board, other than the chair man, to be the vice-chairman of the board.

(3) A person shall be disqualified for being appoint ed or being a member of the Ceylon Transport Board if he is a Senator or a Member of Parliament.

(4) Before appointing a person to be a member of the Ceylon Transport Board, the Minister shall satisfy himself that such person will have no such financial or other interest as is likely to affect prejudicially the discharge by such person of his functions as a member of the board; and the Minister shall also satisfy himself, from time to time, with respect to every member of the board appointed by the Minister, that he has no such interest. Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member of the board shall, whenever requested by the Minister so to do, furnish to the Minister such information as the Minister considers necessary for the performance of his duties under this subsection.

(5) A member of the Ceylon Transport Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the board shall disclose the nature of his interest at a meeting of the board and such disclosure shall be recorded in the minutes of the board and the member shall not take part in any deliberation or decision of the board with respect to that contract.

(6) Every member of the Ceylon Transport Board, other than the member nominated by the Minister of Finance, shall-

(7) Any member of the Ceylon Transport Board, other than the member nominated by the Minister of Finance, may be removed from office by the Minister, and the member nominated by the Minister of Finance may be removed from office by that Minister, without assigning a reason.

(8) A member of the Ceylon Transport Board who is not a public officer may resign from the board by letter addressed to the Minister.

(9) Where any member of the Ceylon Transport Board becomes, by reason of illness or other infirmity or absence from Ceylon, temporarily unable to perform the duties of his office, then, if he is a member appointed by the Minister, the Minister may appoint a fit person to act in his place, and, if he is the member nominated by the Minister of Finance, that Minister may nominate any officer of the General Treasury to act in his place.

(10) If the chairman or vice-chairman of the Ceylon Transport Board becomes, by reason of illness or other infirmity or absence from Ceylon, temporarily unable to perform the duties of his office, the Minister may appoint a fit person to act in his place.

(11) The members of the Ceylon Transport Board shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by the Minister with the concurrence of the Minister of Finance.

(12) The quorum for any meeting of the Ceylon Transport Board shall be three members of the board, and, subject as aforesaid, the board may regulate its own procedure.

(13) The Ceylon Transport Board may act notwithstanding a vacancy among the members thereof.

(1) It shall be the general duty of the Ceylon Transport Board-

(2) Where the Minister, after consultation with the Ceylon Transport Board, is satisfied that the board will be unable, during any period reckoned from the date of commencement of its business, to perform the duty imposed on the board by paragraph (b) of subsection (1) by reason only of the heavy initial expenditure that will have to be incurred by the board in first commencing and carrying on its business, the Minister may, by Order published in the Gazette, exempt the board during that period from the provisions of that paragraph.

(3) Nothing in this section shall be construed as imposing on the Ceylon Transport Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court or tribunal to which the board would not otherwise be subject.

(1) The Ceylon Transport Board may exercise all or any of the following powers: –

(2) Nothing in the preceding provisions of this section shall be construed as authorizing the disregard by the Ceylon Transport Board of any law for the time being in force.

(1) The Minister may, after consultation with the Ceylon Transport Board, give to the board general or special directions as to the performance of the duties and the exercise of the powers of the board in relation to matters which appear to him to affect the national interest, and the board shall give effect to such directions.

(2) The Minister may from time to time direct the Ceylon Transport Board to furnish to him, in such form as he may require, returns, accounts and other information with respect to the property and business of the board, and the board shall carry out every such direction.

(3) The Minister may from time to time order all or any of the activities of the Ceylon Transport Board to be investigated and reported upon by such person or persons as he may specify, and, upon such order being made, the board shall afford all such facilities, and furnish all such information, as may be necessary to carry out the order.

(1) The Ceylon Transport Board may, in consultation with the Minister, appoint to the staff of the board a general manager.

(2) The Ceylon Transport Board shall, in consultation with the Minister, appoint to the staff of the board a chief accounting officer.

(1) At the request of the Ceylon Transport Board, any officer in the public service may, with the consent of that officer and the Secretary to the Treasury, be temporarily appointed to the staff of the board for such period as may be determined by the board with like consent or be permanently appointed to such staff.

(2) Where an officer in the public service is temporarily appointed to the staff of the Ceylon Transport Board-

(3) Where an officer in the public service is permanently appointed to the staff of the Ceylon Transport Board-

(4) Where the Ceylon Transport Board employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to the board by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(5)

(a) for a regular omnibus service having ceased to be in force by virtue of the provisions of section 13 or section 15; or

(b) for a regular hiring car service having ceased to be in force by virtue of the provisions of section 16.

(1) Every holder of a stage carriage permit for a regular omnibus service or a regular hiring car service shall, until such permit ceases to be in force, provide the omnibus service or the hiring car service, as the case may be, which he is authorized by such permit to provide, as efficiently as he was able to do before the coming into force of this Act.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(1) Any officer authorized by the Minister may, by notice (hereafter in this Act referred to as a ” notice of claim “) published in the Gazette and in one Sinhala newspaper, Tamil newspaper and English newspaper, declare that such movable or immovable property, other than money, as has been used or is or was intended to be used by the holder of a stage carriage permit for the purpose of providing a regular omnibus service, is required for the purposes of the Ceylon Transport Board. Such property is hereafter in this Act referred to as ” notified property “.

(2) Where a notice of claim is published under subsection (1), any officer authorized by the Minister may from time to time, by notice (hereafter in this Act referred to as a ” notice of disclaimer “) published in like manner as the notice of claim, disclaim the need, for the purposes of the Ceylon Transport Board, of any property referred to in the notice of claim and specified in the notice of disclaimer.

(3) No person shall alienate to any person other than the Ceylon Transport Board-

and any alienation of that property or those rights to any person other than the Ceylon Transport Board shall be null and void.

(4) Any person shall, if requested by any authorized officer so to do, furnish to such person as shall be specified in the request information with regard to any such matter within his knowledge relating to any movable or immovable property referred to in a notice of claim as shall be so specified.

(5) Any person who fails to furnish the information referred to in subsection (4), or who wilfully withholds all or any part of such information, or who furnishes information knowing such information to be false, or who wilfully or negligently destroys or damages or causes to be destroyed or damaged any notified property shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.

(6) Regulations may be made under this Act-

(7) For the purposes of this section, the expression ” authorized officer ” means the chairman of the Ceylon Transport Board or any member or officer of the board authorized in that behalf by the chairman.

(1) The Minister may, by Order (hereafter in this Act referred to as a ” vesting Order “) published in the Gazette, vest in the Ceylon Transport Board, with effect from such date as shall be specified in the Order, any such notified property as has not been disclaimed by a notice of disclaimer, or any omnibus which is or has been exclusively used for the purpose of the operation of an occasional omnibus service.

(2) Before a vesting Order takes effect, the Minister may from time to time, after consultation with the Ceylon Transport Board, alter, by Order published in the Gazette, the date on which such vesting Order takes effect.

(3) A vesting Order shall have the effect of giving the Ceylon Transport Board absolute title to any property specified in the Order with effect from the date specified therein and free from all encumbrances.

(1) The Minister may, by Order (hereafter in this Act referred to as a ” requisitioning Order”) published in the Gazette, requisition, with effect from such date as shall be specified in the Order, any such notified property as is immovable property, in order that it may be temporarily used by the Ceylon Transport Board for the purposes of its business.

(2) Before a requisitioning Order takes effect, the Minister may from time to time, after consultation with the Ceylon Transport Board, alter, by Order published in the Gazette, the date on which such requisitioning Order takes effect.

(3) A requisitioning Order shall have the effect of authorizing the Ceylon Transport Board, with effect from the date specified in the Order, to take possession of the property specified in the Order and to use such property temporarily for the purpose of the business of the board.

(4) Where any property is requisitioned by a requisitioning Order, the Minister may, by Order (hereafter in this Act referred to as a ” derequisitioning Order”) published in the Gazette, derequisition such property with effect from such date as shall be specified in the derequisitioning Order.

(5) Before a derequisitioning Order takes effect, the Minister may from time to time, after consultation with the Ceylon Transport Board, alter, by Order published in the Gazette, the date on which such derequisitioning Order takes effect.

(6) Where, immediately before the date on which any property is requisitioned for the Ceylon Transport Board, a person, other than the owner of such property, was entitled to possession of such property under the terms of any lease, that lease shall be deemed for all purposes to have expired on that date.

(1) Notwithstanding that any movable or immovable property has vested in the Ceylon Transport Board by virtue of a vesting Order, the Minister may at any time by subsequent Order published in the Gazette (hereafter in this section referred to as a ” divesting Order “) revoke that vesting Order.

(2) The following provisions shall apply in any case where a vesting Order in respect of any movable or immovable property is revoked by a divesting Order: –

(3) The preceding provisions of this section shall have effect notwithstanding anything in any other provision of this Act or in any other written law.

(1) Any person authorized in that behalf by the chairman of the Ceylon Transport Board may take possession of any property vested in or requisitioned for the board.

(2) Any officer of the Ceylon Transport Board authorized in that behalf by the chairman of the board shall, by notice given to the person in possession of any property vested in or requisitioned for the board-

Where such property is an omnibus, the notice aforesaid may be given to the registered owner of that omnibus within the meaning of the Motor Traffic Act instead of being given to the person in possession of that omnibus.

(2A) Where the person in possession of any property vested in or requisitioned for the Ceylon Transport Board is a company or other body of persons, then, for the purpose of subsection (2), the directors, the manager and the secretary of such company or other body of persons shall each be deemed to be a person in possession of that property.

(3) Any notice required to be given to any person under the preceding provisions of this section shall be deemed to be given to him if such notice is sent to him by registered letter through the post.

(4) Any person who contravenes any requirement of any notice given to him under this section shall be guilty of an Offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.

(1) Every person who prevents or obstructs any person from or in taking possession, under section 23, of any property for and on behalf of the Ceylon Transport Board shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(2) Where an officer authorized by the chairman of the Ceylon Transport Board under section 23 to take possession of any property for and on behalf of the board is unable or apprehends that he will be unable to take possession of such property because of any obstruction or resistance that has been or is likely to be offered, he shall, on his making an application in that behalf to the Magistrate’s Court having jurisdiction over the place where that property is kept or situated, be entitled to an order of the court directing the Fiscal to deliver possession of that property to him for and on behalf of the board.

(3) Where an order under subsection (2) is issued to the Fiscal by a Magistrate’s Court, he shall forthwith execute that order and shall in writing report to the court the manner in which that order was executed.

(4) For the purpose of executing an order issued by a Magistrate’s Court under subsection (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter any place where any movable property to which that order relates is kept and seize such movable property, or to enter any land, building or other structure to which that order relates and to eject any person in occupation thereof, and to deliver possession of such movable property, land, building or other structure to the person who is authorized to take possession thereof for and on behalf of the Ceylon Transport Board.

(1) Where any immovable property, other than any notified property, is required to be acquired for the purpose of the business of the Ceylon Transport Board and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired compulsorily under the Land Acquisition Act, and be transferred to the board.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Ceylon Transport Board shall be paid by the board.

(1) The chairman of the Ceylon Transport Board or the Commissioner of Labour or any other person authorized in that behalf by such chairman or such Commissioner may direct the holder of a stage carriage permit for a regular omnibus service or for a regular hiring car service or for an occasional omnibus service-

relating to the business which was carried on, or is carried on, under the authority of that permit or to the persons who were employed or are employed for the purpose of that business as may be indicated in the direction, and the holder shall comply with that direction.

(1A) Where the holder of a stage carriage permit is a company or other body of persons, any direction under subsection (1) may be given or issued to a director, the manager, the secretary or any other officer, of such company or other body of persons; and such director, manager, secretary or other officer shall comply with that direction.

(2) The chairman of the Ceylon Transport Board or the Commissioner of Labour or any person authorized in that behalf by such chairman or such

Commissioner may-

(3) Any person who fails, without reasonable cause, to comply with the provisions of subsection (1) or subsection (1A) or who furnishes information knowing such information to be false or obstructs any person in the exercise of the powers conferred on him by subsection (2) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(1) The Ceylon Transport Board may, with the consent of the Minister, or in accordance with the terms of any general authority given by him, borrow temporarily, by way of overdraft or otherwise, such sums as the board may require for meeting its obligations or discharging its duties under this Act:

Provided that the aggregate of the amounts outstanding in respect of any temporary loans raised by the Ceylon Transport Board under this subsection shall not at any time exceed such sum as may be determined by the Minister in consultation with the Minister of Finance.

(2) The Ceylon Transport Board may, with the consent of the Minister given with the concurrence of the Minister of Finance, borrow money otherwise than by way of a temporary loan under subsection (1), for all or any of the following purposes: –

(3) The Ceylon Transport Board may, with the consent of the Minister given with the concurrence of the Minister of Finance, borrow money for any of the purposes mentioned in subsection (2) by the issue of Ceylon transport stock or in any other manner whatsoever.

(1) The Ceylon Transport Board-

(2) Ceylon transport stock shall be issued, transferred, dealt with, redeemed and cancelled in accordance with such terms as may be determined by the Ceylon Transport Board with the approval of the Minister given with the concurrence of the Minister of Finance.

(1) The Minister of Finance shall guarantee the repayment of the principal of, and the payment of the interest on, any Ceylon transport stock created and issued under section 29 (1) (b), and may, with the concurrence of the Minister, guarantee the repayment of, and the payment of the interest on, any Ceylon transport stock created and issued under section 29 (1) (a). Any sums required for fulfilling any such guarantee as is provided under this subsection shall be charged on and issued out of the Consolidated Fund of Ceylon, and any such sums shall be repaid, together with interest thereon, at such rates as the Minister of Finance may determine with the concurrence of the Minister, by the Ceylon Transport Board in such manner and over such period as the Minister of Finance may with such concurrence determine:

Provided that no such sum shall be paid out of the Consolidated Fund of Ceylon unless the prior sanction of the House of Representatives has been obtained therefor.

(2) Immediately after a guarantee is given under subsection (1), the Minister of Finance shall lay a statement of the guarantee before the Senate and the House of Representatives.

(3) Where any sum is issued out of the Consolidated Fund of Ceylon under subsection (1), the Minister of Finance shall forthwith lay before the Senate and the House of Representatives a statement that such sum has been issued.

(1) The Ceylon Transport Board-

(2) The sums to be carried from time to time to the credit of each of the reserves specified in subsection (1) shall be as the Ceylon Transport Board may determine.

(3) The application of the moneys comprised in the general reserve shall be as the Ceylon Transport Board may determine. The purposes of the general reserve shall be to ensure the financial stability of the board’s undertaking and to prevent frequent fluctuations in the fares levied by the Ceylon Transport Board in respect of the omnibus and h1iring car services provided by the board and the powers of the board in relation to the general reserve shall be exercised accordingly.

(1) The revenue of the Ceylon Transport Board in any year shall be applied in defraying the following charges, and shall be so applied in the order of priority set out hereunder: –

(2) The surplus of the revenue of the Ceylon Transport Board in any year which remains after the charges mentioned in subsection (1) have been satisfied shall be allocated to the general reserve.

(1) The Ceylon Transport Board shall cause proper accounts of its income and expenditure and of all its other transactions to be kept and shall prepare an annual statement of accounts and statistics relating to its business in such form and containing such particulars as the Minister with the concurrence of the Minister of Finance may from time to time specify.

(2) The accounts of the Ceylon Transport Board for each financial year shall be audited by the Auditor-General. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor or auditors who shall act under his direction and control.

(3) For the purpose of meeting the expenses incurred by him in the audit of the accounts of the Ceylon Transport Board, the Auditor-General shall be paid by the board such remuneration as the Minister may determine with the concurrence of the Minister of Finance. Any remuneration received from the Ceylon Transport Board by the Auditor-General shall, after deducting any sums paid by him to any qualified auditor employed by him for the purposes of such audit, be credited to the Consolidated Fund of Ceylon.

(4) The Auditor-General shall examine the accounts of the Ceylon Transport Board and furnish a report-

(5) The Auditor-General shall transmit his report to the Ceylon Transport Board.

(6) For the purposes of this section, the expression ” qualified auditor” means any person who is registered as an auditor under the Companies Ordinance.

(1) The Ceylon Transport Board shall, as soon as possible, after the end of each financial year of the board, make to the Minister a report on the exercise and performance by the board of its powers and duties during that year and on its policy and programme. Such report for any year shall set out any direction given by the Minister to the Ceylon Transport Board during that year unless the Minister has notified to the board his opinion that it is against the interests of national security to do so. The Minister shall lay a copy of such report before the Senate and the House of Representatives.

(2) The Ceylon Transport Board shall, on receipt of the Auditor-General’s report in each year, transmit to the Minister-

(3) The Minister shall lay copies of the report and statement referred to in subsection (2) before title Senate and the House of Representatives.

(4) The Ceylon Transport Board shall cause copies of the report of the board and of the Auditor-General’s report and statistics referred to in subsection (2), to be printed at the expense of the board and to be made available for purchase by the public at such price as shall be determined by the board.

(1) Where the Minister is satisfied that the Ceylon Transport Board has established an adequate insurance reserve to meet liabilities arising in respect of third-party risks, the Minister may, by Order published in the Gazette, exempt the Ceylon Transport Board from the operation of the provisions of subsection (1) of section 99 of the Motor Traffic Act with effect from such date* as shall be specified in the Order.

* 17th January, 1958, specified by Order published in Gazette No. 11,242 of 17th January, 1958.

(2) An Order made and published under subsection (1) shall have the force of law.

(1) Every person who was a regular employee of the holder of a stage carriage permit for a regular omnibus service and who was engaged in work connected with that omnibus service may, before such date as shall be specified by the chairman of the Ceylon Transport Board by notice published in the Gazette and in one Sinhala newspaper, Tamil newspaper and English newspaper, notify the Ceylon Transport Board in writing that he desires to obtain employment with the board:

Provided that the preceding provisions of this subsection shall not apply to any person who, in the capacity of a director or managing director, was a regular employee of a company holding a stage carriage permit for a regular omnibus service, or who, while being a regular employee of such company, was the holder of shares in such company of the value at par of not less than one thousand rupees.

(2) Upon the receipt of a notification given under subsection (1) by any person to whom that subsection applies, the Ceylon Transport Board shall offer him employment-

Provided that, if such person was, on the 12th day of April, 1956, in receipt of a monthly remuneration of not more than five hundred rupees from such holder, the remuneration offered to him by the Ceylon Transport Board shall not be less than the remuneration he received from such holder on such date, and the monthly remuneration referred to in this proviso shall include the cost of living allowance and the dearness allowance but shall not include any other allowance or any payment for overtime work.

(3) The Ceylon Transport Board shall, if any person to whom subsection (1) applies accepts the offer of employment made to him by the board under subsection (2), employ him in the post and on the terms specified in that offer unless-

(1) The following provisions shall apply to a person (hereafter in this section referred to as the ” qualified employee “) who, having been or being in the employ of the holder of a stage carriage permit for a regular omnibus service on such work as was connected with that omnibus service, has ceased or ceases to be, after April 12, 1956, in the employ of such holder, whether of his own accord or upon the termination of his services by such holder: –

(2) Where the Ceylon Transport Board is paid any sum under subsection (1) in respect of a qualified employee, then-

(3) Where the Commissioner of Labour receives any sum from the Ceylon Transport Board under subsection (2), he shall pay that sum or cause it to be paid to the person entitled to that sum:

Provided that where such sum cannot be paid to that person because he is dead or cannot be found, the Commissioner of Labour shall credit that sum to a special account opened for the purposes of this subsection, and that sum shall be available for payment to the person entitled thereto upon application made in that behalf to the Commissioner.

(4) For the purposes of this section, the expression ” authorized omnibus transport business ” means any business connected with the transport of passengers by omnibus carried on under the authority of a road service licence granted under the repealed Omnibus Service Licensing Ordinance, No. 47 of 1942, or under the authority of a stage carriage permit for a regular omnibus service granted under the Motor Traffic Act.

(5) For the purpose of reckoning the relevant period referred to in paragraph (b) of subsection (1), account shall be taken of intermittent periods of service.

(6) The prescribed rate referred to in paragraph (b) of subsection (1) shall,-

and each such month during which that qualified employee was in service shall mean one of the twelve months in a year during the whole of which the contract of employment of that employee subsisted.

(7) The remuneration referred to in the preceding paragraphs (i) and (ii) of subsection (6) shall be the basic salary or wages payable by such holder to the qualified employee immediately before the qualified employee ceased to be in the employ of such holder and shall include the cost of living allowance and the dearness allowance but shall not include any other allowance or any payment for overtime work.

(1) Where, on the date on which a stage carriage permit for a regular omnibus service ceases to be in force by virtue of section 13, there is in existence any fund into which all fines imposed on, and recovered from, persons employed in connexion with that omnibus service have been paid, all the monies which are to the credit of that fund on that date shall be paid to the Ceylon Transport Board by the administrator or administrators of that fund. The monies so transferred shall be utilized by the board for any such purpose beneficial to the employees of the board as may be approved by the Commissioner of Labour.

(2) Where, on the date on which a stage carriage permit for a regular omnibus service ceases to be in force by virtue of section 13, there is in existence any mutual aid or other similar fund to which persons employed in connexion with that omnibus service have been contributors, the administrator or administrators of that fund shall pay to each such person the amount to the credit of the individual account of that person in that fund on that date.

(a) an individual agreement or a collective agreement in that behalf which is binding on such holder and such person; or

(b) any decision in that behalf given by a Motor Transport labour tribunal on a reference made to such tribunal under section 42.

(1) The Minister may, in consultation with the Minister to whom the subject of labour is for the time being assigned, constitute a Motor Transport labour tribunal or Motor Transport labour tribunals for the purposes of section 42. Each such tribunal shall consist of a fit and proper person.

(2) Every Motor Transport labour tribunal constituted under this section shall have all the powers of a District Court-

(3) Every person giving evidence on any matter before a Motor Transport labour tribunal constituted under this section shall be bound to state the truth on such matter.

(4) The members of Motor Transport labour tribunals constituted under this section shall be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister of Finance.

(5) Every person who as a witness attends a Motor Transport labour tribunal constituted under this section shall be paid as travelling and other expenses such sum as shall be determined by the tribunal.

(6) Such sums as may be required for making the payments under subsection (4) and subsection (5) and for defraying the expenses of Motor Transport labour tribunals constituted under this section shall be provided by the Ceylon Transport Board.

(7) The proceedings at an inquiry by a Motor Transport labour tribunal constituted under this section shall, as far as possible, be free from the formalities and technicalities of the rules of procedure and evidence applicable to a court of law, and may be conducted by such tribunal in any manner, not inconsistent with the principles of natural justice and any regulations made in that behalf under this Act, which to such tribunal may seem best adapted to elicit proof concerning the matters that are investigated.

(8) Where, at any proceedings before a Motor Transport labour tribunal constituted under this section relating to any dispute referred to such tribunal for decision under this Act, any party to that dispute claims that any sum of money is due or payable to such party by any holder of a stage carriage permit for a regular omnibus service who is also a party to that dispute, it shall be presumed that such sum is so due or payable until the contrary is proved by that holder.

(1) The following disputes shall be referred, in the manner specified below, for settlement to the Commissioner of Labour: –

(2) Upon the reference of any dispute to the Commissioner of Labour under subsection (1), the Commissioner shall endeavour to settle that dispute by effecting an individual or collective agreement binding on the parties to such dispute.

(1) Where the Commissioner of Labour is unable to settle by agreement, under subsection (2) of section 41a, any dispute referred to him under subsection (1) of that section, such Commissioner shall refer that dispute for decision to a Motor Transport labour tribunal constituted under section 41.

(2) The decision of a Motor Transport labour tribunal constituted under section 41 on any matter referred to it under this Act shall be final and conclusive and shall not be called in question in any court.

(a) the days on which such person has been engaged in work connected with such omnibus service,

(b) every holiday to which he was entitled under any written law,

(c) every holiday allowed to him by his employer,

(d) every day of his absence on any ground approved by his employer,

(e) every day of his absence due to any injury to him caused by, or arising out of, or in the course of, his employment,

(f) every day of his absence due to any occupational disease suffered by him, and

(g) every day of his absence due to a strike or lock-out that is not illegal, the total of such days of absence in any year being not more than thirty,

(a) his name and address,

(b) the nature of his interest in such property,

(c) the particulars of his claim, and

(d) how much of such compensation is claimed by him.

(a) a copy of any such report in regard to the condition of the aforesaid property as has been made by or under the authority of the Ceylon Transport Board under any regulation made under this Act, if a copy of that report has not already been served on the claimant;

(b) a copy of any such assessment of the compensation payable under this Act in respect of the aforesaid property as has been made by or under the authority of the Ceylon Transport Board;

(c) a notice requiring the claimant, within the time specified in the notice-

(1) The chairman of the Ceylon Transport Board shall refer to the compensation tribunal for determination the amount of the compensation payable in respect of any property vested in or requisitioned for the board, and shall transmit to the tribunal all claims made to such compensation, together with all documents furnished by the claimants in support of their claims, and all documents copies of which have been served on or transmitted to the claimants by the board.

(2) A reference made under subsection (1) to the compensation tribunal is hereafter in this Act referred to as a ” reference for an award as to compensation “.

(1) The amount of compensation to be paid under this Act in respect of any omnibus vested in the Ceylon Transport Board on any date shall be an amount equal to the cost, as at that date, of a new omnibus which is not equipped with tyres and which is of the same make and type as the omnibus so vested, or, if an omnibus of that type is not in production, of a new omnibus which is not equipped with tyres and which is reasonably comparable with the omnibus so vested-

Provided that where the omnibus so vested was used in Ceylon prior to its first registration, whether under that Ordinance or that Act, the date of first registration of that omnibus for the purposes of section 47 (1) (a) shall be deemed to be the date of importation of that omnibus into Ceylon if that date is ascertainable, and if that date is not ascertainable shall be deemed to be January 1, 1943:

And provided further that where the omnibus so vested was used in any country other than Ceylon prior to its first registration, whether under that Ordinance or that Act (in this section referred to as a ” secondhand omnibus “), the cost to be taken into account for the purpose of the computation of the compensation payable in respect of that second-hand omnibus shall not be the cost of such new omnibus as is specified in the preceding provisions of this subsection but shall be the actual cost of that second-hand omnibus to the holder of a stage carriage permit increased by not more than five per centum of such cost or, where such actual cost cannot be ascertained, the actual cost of any other second-hand omnibus reasonably comparable with the second-hand omnibus so vested, to the holder of a stage carriage permit increased by not more than five per centum of such cost:

And provided further that in determining the actual cost of a second-hand omnibus the value of the tyres with which it was equipped at the time it was imported into Ceylon shall not be taken into account.

(2) Where an omnibus vested on any date in the Ceylon Transport Board is equipped with any tyres at that date, the compensation to be paid in respect of that omnibus under subsection (1) shall be increased by an amount equal to the amount which such tyres would fetch if sold in the open market, and if this Act were not in force, on that date.

(3) Where any omnibus for which a revenue licence for any year is in force under the Motor Traffic Act is vested in the Ceylon Transport Board with effect from any date in that year, the compensation payable in respect of that omnibus under subsection (1) shall be increased by an amount which bears to the licence fee paid for such licence the same proportion as the period commencing on such date and ending on the thirty-first day of December of that year bears to the period commencing on the date of the coming into force of such licence and ending on such thirty-first day of December.

(a) where such property was owned on the day immediately preceding such date by the holder of a stage carriage permit for a regular omnibus service or by a person whose stage carriage permit for a regular omnibus service ceased to be in force by virtue of the provision of section 13, be the actual price paid by him for the purchase of such property and an additional sum which is equal to a reasonable value of any improvements made by him to such property, or, if such purchase price is not ascertainable, be an amount equal to the price which such property would have fetched if it had been sold in the open market on the 12th day of April, 1956; and

(b) where such property was, on the day immediately preceding the date on which it was vested in the Ceylon Transport Board, owned by any person other than any of those specified in paragraph (a) of this section, be an amount equal to the price which such property would have fetched if it had been sold in the open market on the 12th day of April, 1956:

(1) The amount of compensation to be paid in respect of any property requisitioned for the Ceylon Transport Board shall be a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of such property, during the period of the requisition, under a lease granted immediately before the beginning of that period, whereby the tenant undertakes to pay all usual rates and taxes and to bear the cost of the repairs and insurance and the other expenses, if any, necessary to maintain such property in a state to command that rent.

(2) The compensation under subsection (1) in respect of any property shall be considered as accruing due from day to day during the period of the requisitioning of such property and shall be apportionable in respect of time accordingly.

(1) The amount of compensation to be paid to any person in respect of any property vested in the Ceylon Transport Board shall be proportionate to the interest such person had in such property.

(2) Any compensation payable under this Act in respect of any property vested in or requisitioned by the Ceylon Transport Board, less the total amount of any deductions which may be made from such compensation under section 52, shall carry interest, as from the date on which such property so vested or requisitioned until payment, at such rate as may be determined by the Minister with the concurrence of the Minister of Finance.

(1) The following provisions shall apply in any case where a person is entitled to compensation in respect of any property vested in or requisitioned for the Ceylon Transport Board: –

(2) The following provisions shall apply in any case where the total compensation to which the holder of a stage carriage permit for a regular omnibus service is entitled in respect of any property vested in or requisitioned for the Ceylon Transport Board is inadequate to pay the whole or any part of any sum payable out of that compensation under subsection (1): –

(3) In this section and in sections 52a and 52b, the expression ” compensation ” includes interest which has accrued due on such compensation in terms of subsection (2) of section 50.

(4) Any certificate issued by any person or authority under subsection (1) of this section shall, for all purposes, be conclusive proof of the facts stated therein.

(1) Upon the production of a certificate issued by the chairman of the Ceylon Transport Board under section 52A before the District Court or the Court of Requests within whose jurisdiction the person from whom the sum specified in the certificate is due resides, according as that sum exceeds or does not exceed seven hundred and fifty rupees, the court shall direct a writ of execution to issue to the Fiscal authorizing him and requesting him to seize and sell all or any of the property movable or immovable of that person or such part thereof as may be necessary for the recovery of that sum; and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.

(2) Where the chairman of the Ceylon Transport Board issues the certificate referred to in subsection (1), he shall in writing notify that fact to the person specified in the certificate as the person from whom any sum so specified is payable, but the non-receipt of such notification by such person shall not invalidate the proceedings under this section.

(3) Nothing in the preceding provisions of this section shall affect or be deemed or construed to affect the right of any person to recover in any other manner any sum payable to him under section 40, section 40a, or section 40b.

(4) A District Court or Court of Requests shall, in the exercise of the powers conferred on it by the preceding provisions of this section, have regard to the provisions of section 52.

(1) There shall be established, for the purposes of this Act, a compensation tribunal (hereinafter referred to as the ” tribunal “) consisting of ten members appointed by the Governor-General of whom at least five shall be persons with judicial or legal experience.

(2) A person shall be disqualified for being appointed or being a member of the tribunal if he is a Senator, a Member of Parliament, or a member of the Ceylon Transport Board or the fares board.

(3) A member of the tribunal with judicial or legal experience shall be appointed to be the chairman, and another member with similar experience shall be appointed to be the vice-chairman, of the tribunal by the Governor-General.

(4) Every member of the tribunal shall, unless he earlier vacates office or is removed therefrom by the Governor-General, hold office for a period of three years. Any member of the tribunal who vacates office by effluxion of time shall be eligible for reappointment.

(5) There shall be appointed a secretary to the tribunal (hereinafter referred to as the ” secretary “) and such other officers and servants as may be necessary for the performance of the work of the tribunal.

(1) The members, officers and servants of the tribunal shall be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister of Finance.

(2) The remuneration of the members, officers and servants of the tribunal and any other expenses of the tribunal shall be paid by the Permanent Secretary to the Ministry of Transport and Works out of the moneys provided for the purpose by Parliament. Such Permanent Secretary shall in writing notify to the Ceylon Transport Board all sums paid by him under this subsection, and the Ceylon Transport Board shall, upon receipt of such notification, pay the amount specified therein to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund of Ceylon.

(1) The secretary shall, under the direction of the chairman or in his absence the vice-chairman of the tribunal, convene meetings of the tribunal for the consideration and determination of references for awards as to compensation made to the tribunal.

(2) The chairman or the vice-chairman and four other members of the tribunal shall be summoned to a meeting of the tribunal. Such other members shall be chosen by lot by the secretary. The quorum for a meeting of the tribunal shall be three members.

(3) Two separate meetings of the tribunal may be convened and held at the same time to consider and determine different references for awards as to compensation.

(4) Where the chairman or the vice-chairman is summoned to a meeting of the tribunal, the chairman or vice-chairman, as the case may be, shall preside at that meeting, and in his absence the members of the tribunal Summoned to and present at that meeting shall choose from among themselves a chairman for that meeting.

(5) A member of the tribunal who is interested in any matter which is the subject of a reference for an award as to compensation or who has been consulted as an advocate or a proctor or in any other capacity in regard to that matter by or on behalf of any person interested therein shall not participate in any proceedings of a meeting of the tribunal on such reference.

(6) A meeting of the tribunal may from time to time be postponed or adjourned.

(1) Every reference for an award as to compensation shall be considered and determined at a meeting of the tribunal.

(2) The secretary shall fix a date, time and place for the consideration and determination by the tribunal of each reference for an award as to compensation.

(3) The secretary shall, in respect of every reference for an award as to compensation, keep a record of all such proceedings before the tribunal as relate to that reference.

(1) The chairman or the vice-chairman of the tribunal and, if the chairman or vice-chairman is not presiding at any meeting of the tribunal, the chairman of that meeting shall, for the purposes of the consideration and determination of any reference for an award as to compensation, have all the powers of a District Court-

(2) Every person who attends a meeting of the tribunal as a witness shall be paid as travelling and other expenses such sum as shall be determined by the chairman or in his absence the vice-chairman of the tribunal.

(1) The determination made at a meeting of the tribunal on any matter considered at that meeting shall be deemed to be the determination of the tribunal on that matter.

(2) Where the members of the tribunal who consider any matter disagree with regard to the determination on that matter, the determination of the majority of them shall be the determination of the tribunal on that matter, and, where the members are equally divided is their opinion, the determination supported by the chairman of the meeting by which that matter is considered shall be the determination of the tribunal on that matter.

(3) Every determination of the tribunal shall contain the reasons therefor.

(1) Where a copy of any report made by or under the authority of the Ceylon Transport Board in regard to the condition of any property vested in or requisitioned for the board is served on any claimant to compensation in respect of such property, then, in so far as that claimant is concerned, that report shall, in any proceedings relating to the claim of that claimant before the tribunal, be prima facie evidence of the facts stated therein until the contrary is proved.

(2) Where a copy of the Ceylon Transport Board’s assessment of compensation in respect of any property is served on any claimant to such compensation, then, in so far as that claimant is concerned, that assessment shall, in any proceedings relating to the claim of that claimant before the tribunal, be prima facie evidence of the facts stated therein until the contrary is proved.

(3) Where a report in regard to the condition of any property vested in or requisitioned for the Ceylon Transport Board, or the board’s assessment of any compensation, is prima facie evidence of the facts stated therein under the preceding provisions of this section in any proceedings relating to a claim to compensation before the tribunal, then the claimant shall not be entitled to produce in those proceedings any document in support of any objection to such report or assessment unless that document had been produced to the board as required by or under this Act.

(1) Where a reference for an award as to compensation is made to the tribunal in respect of any property vested in or requisitioned for the Ceylon Transport Board the tribunal shall, after considering all such matters and hearing all such witnesses as may be necessary for the purpose and after complying with the provisions of section 63 and section 64, make, save as otherwise provided in subsection (2), an award determining-

Provided that, where there is a dispute as to the persons entitled to such compensation or as to the apportionment of such compensation among the persons entitled to such compensation, the tribunal shall defer making an award and shall refer the dispute for decision to the District Court within whose local jurisdiction such property, being immovable property, is situated, or, being movable property, was kept at the time it was so vested, and shall, after such court makes its decision on such dispute, make an award in accordance with such decision.

(2) Where no person makes a claim to compensation in respect of any property vested in or requisitioned for the Ceylon Transport Board, it shall not be necessary to determine in the award under this section the matters specified in paragraphs (a) and (c) of subsection (1) and to comply with the provisions of subsection (3) relating to the giving of notice of the award to claimants to compensation.

(3) The tribunal shall cause written notice of its award to be given to the chairman of the Ceylon Transport Board and the claimants to compensation.

(4) An award of the tribunal shall be final and shall not be called in question in any court.

(1) There shall be established, for the purposes of this Act, a fares board consisting of a chairman and three other members appointed by the Minister.

(2) At least one member of the fares board shall be a person with wide experience in finance.

(3) A person shall be disqualified for being appointed or being a member of the fares board if he is a Senator, a Member of Parliament, or a member of the Ceylon Transport Board or the compensation tribunal.

(1) The chairman of the fares board shall, if he is present at any meeting of the board, preside at that meeting, and if he is absent from any meeting of the board, the members of the board present at that meeting shall elect one from among themselves to be the chairman of that meeting.

(2) Any question which arises at any meeting of the fares board shall be decided by a majority of the votes of the members of the board present at that meeting.

(3) Where the members of the fares board present at any meeting of the board are equally divided in their opinion on any matter which arises at that meeting, the decision supported by the chairman of that meeting shall be the decision of the board on that matter.

(4) Subject to the other provisions of this Part, the fares board may regulate its own procedure.

(1) The members, officers and servants of the fares board shall be remunerated at such rates as may be determined by the Minister with the concurrence of the Minister of Finance.

(2) The remuneration of the members, officers and servants of the fares board and any other expenses of the fares board shall be paid by the Permanent Secretary to the Ministry of Transport and Works out of the moneys provided for the purpose by Parliament. Such Permanent Secretary shall in writing notify to the Ceylon Transport Board all sums paid by him under this subsection, and the Ceylon Transport Board shall, upon receipt of such notification, pay the amount specified therein to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund of Ceylon.

(1) A fares scheme shall fix the maximum fares which may be levied by the Ceylon Transport Board in respect of all the omnibus services of the board, or the omnibus services of the board in particular areas, or any particular class of omnibus service or services of the board.

(2) A fares scheme may revoke or amend any previous fares scheme.

(1) Where the Ceylon Transport Board has submitted a fares scheme to the fares board, the Ceylon Transport Board shall publish it in such manner as the fares board shall direct, together with a notice specifying the time and the manner (which shall be determined by the fares board) in which objections to such scheme and other representations with respect thereto may be made to the fares board by any body of persons referred to in subsection (2).

(2) Any objection to a fares scheme or any other representation with respect thereto may be made-

(3) Every objection and representation under subsection (2) shall be in writing, and, in the case of an objection, the grounds of the objection shall be stated.

(4) As soon as possible after the time for making objections and representations with respect to a fares scheme has elapsed, the fares board shall hold a public inquiry into such scheme and shall at that inquiry hear the Ceylon Transport Board and any body or local authority mentioned in subsection (2) who desires to be heard, and shall thereafter either refuse to approve such scheme or approve it with or without alterations:

Provided that the fares board shall not be bound to hear any such body or authority unless that body or authority has duly made to the fares board any objection or other representation with respect to such scheme.

(5) A fares scheme approved by the fares board shall be published in such manner as shall be specified by the fares board and shall come into force on such date or dates as shall be so specified.

(6) It shall be the duty of the Ceylon Transport Board to give to the fares board all such assistance as is necessary or as the fares board may require for the purpose of making a decision on a fares scheme submitted to the fares board for approval.

(1) An application for the alteration of a fares scheme in force may be made to the fares board-

(2) Every application under subsection (1) shall be in writing and shall state the reasons for the proposed alteration of the fares scheme to which the application relates.

(3) Where an application is made to the fares board under this section (not being an application which the fares board refuses to entertain), the applicant shall publish the application in such manner as the fares board shall direct together with a notice specifying the time and manner (which shall be determined by the fares board) in which objections to the application and other representations with respect thereto may be made to the fares board by any person or body of persons specified in subsection (1) other than the applicant.

(4) As soon as possible after the time for making objections and representations with respect to an application under this section has elapsed, the fares board shall hold a public inquiry into the application and shall at that inquiry hear any person or body specified in subsection (1) who desires to be heard, and shall thereafter make such order with respect to the matter of the application as the fares board thinks fit:

Provided that the fares board shall not be bound to hear any such person or body, other than the Ceylon Transport Board and the applicant, who has not duly made to the fares board any objection or other representation with respect to the application.

(5) Where an order is made under subsection (4) altering a fares scheme, particulars of the alteration shall, unless the fares board determines that in all the circumstances publication is unnecessary, be published in such manner as the fares board shall specify.

(6) It shall be the duty of the Ceylon Transport Board to give to the fares board all such assistance as is necessary or as the fares board may require for the purpose of making a decision on any application made to the fares board under this section.

(1) The Minister may at any time require the fares board to review the operation of any fares scheme.

(2) Where the fares board has been required by the Minister to review the operation of any fares scheme, the Ceylon Transport Board shall publish a notice thereof in such manner as the fares board shall direct, and such notice shall specify the time and manner (which shall be determined by the fares board) in which representations with respect thereto may be made to the fares board.

(3) Representations may be made to the fares board under this section-

(4) As soon as possible after the time for making representations with respect to the review of the fares scheme has elapsed, the fares board shall hold a public inquiry into the scheme and shall at that inquiry hear the Ceylon Transport Board and any local authority or body specified in subsection (3) who desires to be heard, and shall thereafter alter the scheme in such manner as the fares board thinks fit or may determine that no alteration is necessary, and any alteration made by the fares board shall be published in such manner, and shall come into force on such date, as the fares board may specify:

Provided that the fares board shall not be bound to hear any such authority or body, other than the Ceylon Transport Board, who has not duly made to the fares board any representation with respect to the review of the scheme.

(5) It shall be the duty of the Ceylon Transport Board to give to the fares board all such assistance as is necessary or as the fares board may require for the purpose of any review of any fares scheme under this section.

(1) Where the maximum fares fixed by any fares scheme or fares schemes in force in respect of the omnibus services provided by the Ceylon Transport Board are inadequate to meet the costs of providing such services by reason of an increase in such costs and the Ceylon Transport Board will be unable to perform its general duty under paragraph (b) of subsection (1) of section 5 unless such maximum fares are immediately increased, the fares board may, upon application made in that behalf by the Ceylon Transport Board with the approval of the Minister, increase such maximum fares; and the provisions of section 77 which require that the application and a notice specifying the time and manner in which objections and representations may be made with respect to the application shall be published and that a public inquiry into the application shall be held shall not apply in relation to an application made by the Ceylon Transport Board under this subsection.

(2) Where the maximum fares referred to in subsection (1) are increased by the fares board upon an application made in that behalf by the Ceylon Transport Board under that subsection, the provision in the proviso to subsection (1) of section 77 that the fares board shall not entertain an application for the alteration of any fares scheme if less than twelve months have elapsed since the coming into force of such scheme shall not apply in relation to an application for the alteration of such maximum fares as so increased.

(1) Subject to the provisions of subsection (2), the fares levied by the Ceylon Transport Board in respect of any omnibus service provided by the board shall not be more than the maximum fares fixed in such fares scheme for the time being in force as relates to that omnibus service.

(2) Until a fares scheme is in force with respect to an omnibus service provided by the Ceylon Transport Board on any route, the board shall levy in respect of that omnibus service fares at such rate per mile determined by the board with the approval of the Minister as does not exceed the maximum rate per mne at which fares were charged in any part of Ceylon for the transport of passengers by omnibus prior to the provision of an omnibus service on that route by the Ceylon Transport Board.

(3) The Ceylon Transport Board shall cause to be made a record of the fares levied for the transport of passengers by omnibus on each route before the date of the provision of an omnibus service on that route by the board, and shall, within three months from that date, transmit a copy of such record to the Minister.

(1) The Minister may make regulations for the purpose of carrying out and giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of the following matters: –

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into Operation on the date of such publication or on such later date as may be specified in the regulation.

(4) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before the Senate and the House of Representatives for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.

(1) Any passenger in any omnibus or hiring car of the Ceylon Transport Board-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred rupees:

Provided that no prosecution shall be instituted or maintained against any person in respect of an offence under the foregoing paragraph (a) if such person pays to any officer of the Ceylon Transport Board authorized by the board to receive such payments, a penalty of five rupees together with twice his fare.

(1A) Any passenger in any omnibus of the Ceylon Transport Board who-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees:

Provided that no prosecution shall be instituted or maintained against any such passenger if he pays to any officer of the Ceylon Transport Board authorized by the board to receive such payment, a penalty of two rupees and fifty cents together with twice his fare.

(2) Any person-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(3) Any officer or servant of the Ceylon Transport Board who, without authority from the board-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months, or to both such fine and imprisonment.

(3A) Any person who contravenes, or fails to comply with, any provision of this Act or any regulation made thereunder shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding six months, or to a fine not exceeding five hundred rupees, or to both such imprisonment and fine.

(4) Any person who attempts to commit an offence under this Act shall be guilty of that offence.

(1) Where, at the time when any property is vested in the Ceylon Transport Board, such property is subject to a mortgage or lease, the rights of the mortgagee or of the purchaser of the mortgaged property under a mortgage decree, or of the lessee, shall, notwithstanding the provisions of section 20 (3), be limited to any sum paid under this Act as compensation in respect of such property.

(2) Nothing in this Act shall affect the right of a mortgagee to have recourse to any property or security other than that vested in the Ceylon Transport Board under this Act for the recovery of the debt secured by the mortgage.

(3) Where, at the time when any property is requisitioned for the Ceylon Transport Board, such property is subject to a lease, the rights of the lessee shall, notwithstanding the provisions of section 21 (6), be limited to any sum paid under this Act as compensation in respect of such property.

(1) No suit or prosecution shall lie-

(2) Any expense incurred by the Ceylon Transport Board in any suit or prosecution brought by or against the board before any court shall be paid out of the funds of the board and any costs paid to, or recovered by, the board in any such suit or prosecution shall be credited to the funds of the board.

(3) Any expense incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act done or purported to be done by him under this Act or on the direction of the Ceylon Transport Board shall, if the court holds that such act was so done or purported to be done in good faith, be paid out of the funds of the board, unless such expense is recovered by him in such suit or prosecution.

(1) The Motor Traffic Act is hereby amended in the manner set out in Part I of the Schedule to this Act.

(2) The provisions in Part II of the Schedule to this Act shall, notwithstanding anything to the contrary in the Motor Traffic Act, have effect in regard to the application of such of the sections of that Act as are specified in those provisions.

(a) in relation to any immovable property vested in or requisitioned for the Ceylon Transport Board, means a person who, immediately before the date on which such property was so vested or requisitioned, had an interest in such property as owner, co-owner, mortgagee, lessee or otherwise, whether absolutely for himself or in trust for any other person; and

(b) in relation to any movable property vested in the Ceylon Transport Board, means any person who, immediately before the date on which such property was so vested, had an interest in such property as owner, co-owner, mortgagee, pledgee, hirer or otherwise, whether absolutely for himself or in trust for any other person;

(1) The following provisions shall apply in any case where an award as to compensation on a reference under the principal Act has been made by a compensation tribunal under that Act (in this section referred to as ” the awaid ” in respect of any property before 15th May, 1961, but such compensation has not been paid, tendered, or deposited in court for payment, to the persons entitled thereto under the principal Act: –

The preceding provisions of this section shall be in addition to, and not in derogation of, the provisions of the principal Act:

Provided, however, that in the event of any conflict or inconsistency between the preceding provisions of this section and the provisions of the Principal Act, the preceding provisions of this section shall prevail over the provisions of principal Act. “-See section 25 of the Motor Transport (Amendment) Act, No. 22 of 1961.

” (8) The possession or use by the Ceylon Transport Board of a motor coach shall be deemed not to be a contravention of subsection (1) so long as that coach is not used on any highway for the carriage of persons or goods for fee or reward.”.

” (10) The possession or use by the Ceylon Transport Board of a motor coach shall not be deemed to be a contravention of subsection (1) so long as that coach is not used on the highway for the carriage of passengers or goods for fee or reward.”.

(1) by the substitution in paragraph (ii) of the proviso to that subsection, for the words ” one hundred and fifty-seven inches,”, of the words ” one hundred and fifty-seven inches and not more than one hundred and eighty inches,”; and

(2) by the addition, at the end of that proviso, of the following new paragraph: –

73A. With effect from the date on which any stage carriage permit for a regular hiring car service in Ceylon ceases to be in force under section 16 of the Motor Transport Act, no stage carriage permit for a regular hiring car service shall be granted to any person in respect of the route or routes on which regular hiring car services were provided under the authority of the permit which so ceases to be in force.”.

239A. The provisions of this Act relating to stage carriage permits shall not apply to or in relation to-

239B.

239C. Notwithstanding anything to the contrary in any other provision of this Act, no stage carriage permit for a regular omnibus service shall be granted to the Colombo Municipal Council.”.

(1) Section 173, section 183, and paragraph (k) of subsection (1) of section 190, of the Motor Traffic Act shall not apply to or in relation to any omnibus of the Ceylon Transport Board.

(2) Paragraph (o) of subsection (1) of section 190 of the Motor Traffic Act shall not apply to or in relation to any place provided and maintained by the Ceylon Transport Board as a place at which its omnibuses or hiring cars may be halted or may stand for hire.

(3) Paragraph (p) of subsection (1) of section 190 of the Motor Traffic Act shall not apply to or in relation to the Ceylon Transport Board.