Motor Transport (Amendment) Law

Motor Transport (Amendment) Law A LAW TO AMEND THE MOTOR TRANSPORT ACT, NO. 48 OF 1957. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:- Short title. 1. This Law may be cited as the Motor Transport (Amendment) Law, No. 36 of 1973. Replacement of the long title to the Motor Transport Act. No. 48 of 1957. 2. The Motor Transport Act, No. 48 of 1957, hereinafter referred to as the ” principal enactment “, is hereby amended by the substitution, for the long title to that enactment, of the following new long title:- ” An Act to provide for the establishment of a Transport Board concerned with the provision of regular and occasional omnibus services, and hiring ear services, ferry services, and the carriage of goods by land and water, and for the compulsory acquisition or requisition by such Board of any immovable or movable property required for the purposes of such Board; to terminate the continuance in force of stage carriage permits for regular omnibus services and hiring ear services, granted under the Motor Traffic Act; to provide for the establishment of a compensation tribunal for the determination of the compensation payable in respect of property compulsorily acquired or requisitioned; to specify the powers and duties of such Board and Tribunal; to amend the Motor Traffic Act; and to make provisions for purposes connected with the matters aforesaid.”. Amendment of section 5 of the principal Enactment. 3. Section 5 of the principal enactment is hereby amended in subsection (1) of that section as follows:- (1) by the relettering of paragraph (b) as paragraph (c) thereof: and (2) by the insertion, immediately after paragraph (a), of the following new paragraph:- ” (b) to provide ferry services for the trans port of passengers by water and to undertake the carriage of goods of every description by land, and “. Amendment of section 6 of the principal enactment. 4. Section 6 of the principal enactment is hereby amended in subsection (1) of that section as follows: – (a) by the renumbering of paragraphs (viii), (ix), (x), (xi), (xii), (xiii), and (xiv) as paragraphs (xi), (xii), (xiii), (xiv). (xv), (xvi) and (xvii) respectively; and (b) by the insertion, immediately after paragraph (vii), of the following new paragraphs:- ” (viii) to establish, maintain and operate ferry services for the transport of passengers and goods by water; (ix) to undertake the carriage of goods of every description and for that purpose to acquire or requisition any property, whether movable or immovable, other than money, used or intended to be used by the owner of any motor transport service for the transport of goods; (x) to manufacture, assemble, distribute and sell motor vehicles of every description and to manufacture, distribute and sell spares for motor vehicles of every description; “. Insertion of new section 6A in the principal enactment. 5. The following new section is hereby inserted immediately after section 6, and shall have effect as section 6a, of the principal enactment: – ” Transfer of ferries. 6A. (1) The Minister in charge of the subject of tolls may, from time to time, subject to the provisions of sub section (2), make Orders for the following purposes, that is to say- Cap. 197. (a) for the purpose of transferring to the Ceylon Transport Board any ferry established under the Tolls Ordinance together with any movable property connected with or required for the purposes of such ferry; and (b) for the purpose of transferring to the Ceylon Transport Board any contracts or liabilities of the Republic connected with such ferry. (2) Every such Order shall be published in the Gazette and shall come into force on the date of its publication or on such later date as may be specified in the Order. (3) No movable property and no con tract or liability of the Republic shall be transferred to the Ceylon Transport Board under subsection (1) without the concurrence of the Minister in charge of the subject of Finance. (4) Upon the publication of an Order under subsection (1) in the Gazette- (a) the ferry and the movable property specified In the Order shall vest in the Ceylon Transport Board; (b) the contracts specified in the Order shall be deemed to be contracts of the Ceylon Transport Board, and all subsisting rights and obligations of the Republic under such contract shall be deemed to be the rights and obligations of the Ceylon Trans port Board; and (c) any liabilities specified in the Order shall be deemed to be the liabilities of the Ceylon Transport Board.”. Insertion of new section 27A in the principal enactment. 6. The following new section is hereby inserted immediately after section 27, and shall have effect as section 27A, of the principal enactment:- ” Acquisition or requisitioning of property used for motor transport service for the carriage of goods. 27A. Where any movable or immovable property, other than money, used or intended to be used by the owner of- any motor transport service for the carriage of goods is required by the Ceylon Transport Board, the provisions of sections 19, 20, 21, 22, 23, 24, 25 and 27 and the provisions of Part III and Part IV of this Act shall, mutatis mutandis, apply to or in relation to the acquisition or requisitioning of such property in like manner and to the like extent as they apply in the ease of the acquisition or requisitioning of property used or intended to be used by the holder of a stage carriage permit for the purpose of providing a regular omnibus service.”. Amendment of section 84 of the principal enactment. 7. Section 84 of the principal enactment is hereby amended by the substitution, for subsection (1) of that section of the following new subsection:- “(1) Any passenger in any omnibus or luring ear of the Ceylon Transport Board- (a) who evades the payment of the fare due from him; or (b) who wilfully refuses or neglects, on arriving at his destination, to quit that omnibus; or (c) who uses or makes any obscene, indecent or offensive language or gesture, or behaves in any manner likely to annoy or insult any person; or (d) who spits upon. or wilfully soils any part of, such omnibus or hiring car; or (e) who smokes or carries any lighted pipe, cigar or cigarette in any part of such omnibus or hiring car in which a notice prohibiting smoking is exhibited: or (f) who throws out of such omnibus or hiring ear any bottle, liquid or other article or thing likely to annoy persons or to cause danger or injury to any person or property, 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 twenty rupees together with twice his fare.”. Insertion of new sections 84A and 84B in the principal enactment. 8. The following new sections are hereby inserted immediately alter sect ion 84, and shall have effect as section 84A and section 84B, of the principal enactment:- ” Travelling without ticket to be an offence. 84A. Any person who travels as a passenger in any omnibus or hiring ear of the Ceylon transport Board without having a pass in ids possession issued by the Hoard or without having purchased a ticket shall be guilty of an offence: Provided that no prosecution shall be instituted or maintained against any person in respect of any offence under the preceding provisions of this section, if such person pays to any officer of the Board authorized in that behalf by the Board to receive such payments, a penalty of twenty rupees together with twice his fare: Provided further that, where any person is prosecuted under section 84 or under this section for failing to pay his fare, the onus of proving that he had purchased a ticket or that he had a valid pass in his possession shall lie on him. Apprehension of offenders. 84B. Any person who commits any offence punishable under section 84 or section 84a of this Act, may be lawfully apprehended, without any warrant or written authority, by any officer of the Ceylon Transport. Board not below the rank of inspector, or by any other person whom such Cap. 20. officer may call to his aid, or by any police officer, notwithstanding anything to the contrary in the Criminal Procedure Code; and every person so apprehended shall forthwith – (a) be produced before a Magistrate to be dealt with according to law, or (b) where it is impracticable so to do, be handed over to the officer in charge of the nearest police station to be dealt with according to law; Provided that an officer of the Ceylon Transport Board not below the rank of officer in charge of a depot or omnibus station may release such person on his executing a bond, with or without surety as that officer may direct, to appear before a Magistrate’s Court if and when he is required so to do.”. Retrospective operation of the provisions of this Law. 9. The provisions of this Law shall be deemed to have come into operation on the date of the commencement of the principal enactment.