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Provincial Council Notifications
NORTH CENTRAL PROVINCIAL COUNCIL
Passenger Transportation by Omnibus Statute
| A Statute for the Regulation of Passenger Transportation by Omnibus Originating within the Province and for enabling the Provincial Council to coordinate the operation of such Services. |
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No. 704 – FRIDAY, FEBRUARY 28, 1992 |
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BE it be passed by the Provincial Council of the North Central Province as follows.
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Short title and date of operation.
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1. This Statute may be cited as the Road Passenger Carriage Services Statute of the North-Central Province No………….and shall come into operation on such date as may be appointed by the Minister by order published in the Gazette.
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Administration of the Statute.
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2.
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(l)For the purposes of his Statute there shall be appointed a Provincial Director of Omnibus Transport (hereinafter referred to as ‘the Director’) who shall be in charge of the general administration of this Statute and such number of Provincial Deputy Directors of Omnibus Transport and such other officers as may be necessary for the purpose of carrying out or giving effect to the provisions of this Statute.
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(2) Any power, duty or function of the Provincial Director under this Statute may be exercised, performed or discharged by any Provincial Deputy Director or the other officer who is authorised to do so by writing under the hand of a Provincial director.
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State carriage permits for regular services.
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3.
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(1) Subject to Sub-section (2) hereof, no person, shall use within the Province on or after the date this Statute comes into operation an Omnibus for the purpose of a regular service originating within the province for the carnage of passengers on separate fare except under the authority of a passenger service permit granted by the Provincial Director under this Statute.
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(2) A passenger service permit in respect of a route originating within the province issued under the Private Omnibus Services Act, Mo. 44 of 1983 as amended by Private Omnibus Services (Amendment) Act No. 33 of 1935 and route permits currently held by operators shall be deemed to be passenger service permits issued under this Statute and shall be valid for the period for which the permits are issued or for 6 months from the dare of operation of this Statute whichever is less.
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(3) No person shall use on or after the date on which Lais Statute comes into operation any vehicle, other than an Omnibus, for the purpose of a regular service for the carriage by road of passengers at separate fares.
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(4) Any person authorised under section 2 or any police officer may seize any vehicle used in contravention of the provision of this Statute, and shall produce such vehicle, without undue delay, before the Magistrate Court within the local limits of whose jurisdiction it was seized.
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(5) Where any vehicle is produced before the Magistrate Court under the provision of Sub-section (4), 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 circumstance of the case.
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Authorised passenger carriage by omnibus.
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4. A passenger service permit issued under this Statute shall entitle the holder thereof to use as omnibus of which he is the registered owner for the operation of a service for the carriage of persons on the route or routes specified in such permit in accordance with the conditions attached thereto.
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Application for stage carriage penult.
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5.
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(1)Every application for a passenger service permit under this Statute shall be made by the registered owner of the omnibus to the Director in such form as may as prescribed.
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(2) Every applicant for a passenger service permit shall together with his application made under Sub-section (1) submit a statement in such form as maybe prescribed, containing-
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(a) particulars of the route or routes on which it is proposed to use such omnibus for the carriage of passengers at separate forces
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(b)such other particulars as the director may require for the purpose of exercising his discretion under Section 6.
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Disposal of Applications for permits.
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6.The Director, in exercising the discretion in regard to the grant or refusal to grant a passenger service permit or to grant a renewal thereof and to the route or routes in respect of which permits may be granted, shall have regard primarily to the interests of the general public including those of persons requiring as well as those of persons providing facilities for the transport of passengers at separate fares and shall, in particular, have regard in using such discretion, to the following matters :
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(a) the extent of which the proposed carriage of passengers is necessary or desirable in the public interest;
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(b) the suitability of the proposed route or routes ;
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(c) the extent if any, to which the needs of the proposed route or routes or of any such route are already adequately served;
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(d) the needs of the area as a whole in relation to traffic (including the provision adequate suitable and efficient services) and the co-ordination of all forms of passenger transport including transport by railway.
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Duration of passenger service permits.
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7.
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(1) No passenger service permit shall be issued by the Director to any person under this Statute, except upon the payment by such person to him of such fee or fees as may be prescribed.
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(2) Every stage carriage permit shall-
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(a) be in the prescribed form ; and
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(b) unless it is cancelled earlier, be in force for a period of twelve months to thirty six months from the date of its issue.
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Conditions to be attached to permit.
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8. Subject to the provisions of this Statute and of any regulations made thereunder, every passenger service permit issued under this Act shall have attached thereto all such conditions as maybe determined by the Director, for securing the safety and convenience of the public, including conditions requiring-
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(a) that the fares to be charged shall be as stated in the application for a passenger service permit;
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(b) that the omnibus used under the authority of the permit shall be operated on such route or routes specified in the permit;
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(c) that copies of the time table (where required) and the fare-table shall be carried and kept exhibited in the omnibus used under the authority of the permit;
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(d) that the omnibus used under the authority of the permit shall be maintained at all times in a fit and serviceable condition;
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(e) that the requirements of any written law with respect to the time for which drivers or conductors of omnibus may remain continuously on duty and to their hours of work or rest and to their wages are complied within the case of the driver and conductor of the omnibus used under the authority of the permit.
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Specification.
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9. The Authorised Person may at the time of the grant of a passenger service permit under this Statute, specify therein, by reference to this distinctive number and such other particulars as he may consider necessary, the omnibus the use of which is authorized by the permit.
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Power of Directors to issue directions.
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10. The Director may issue to any person to whom a passenger service permit has been granted under this Statute, any such directions as he may think necessary for the purpose of making such person comply with the provisions of this Statute or any regulations made thereunder, and the person to whom any such directions are issued shall comply with such directions within such time as shall be specified in such direction.
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Permits not transferable.
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11. No passenger service permit issued under this Statute to any person shall be transferable to any other person, and accordingly any such transfer shall be null and void.
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Holder of permits to inform Director of any chance of particulars.
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12. The holder of a passenger service penult shall, within thirty days of any change in the particulars stated in his application for a passenger service permit inform the Director in witting of such change and obtain his/her concurrence in witting.
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Renewal of permit.
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13. The Director may renew any passenger service permit issued under this Stature for a period of one year and not exceeding three years on application made to him by the holder of such permit from the date of expiry of the permit if:-
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(a) the Director is satisfied that the holder of the passenger service permit has observed the provisions of this Statute or any regulations made thereunder or has not been convicted of any offence under this Act or any regulation made thereunder; and .
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(b) the holder of the passenger service permit pays the prescribed fee for the renewal of the permit.
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Cancellation of a permit
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14.
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(1) The director may cancel any stage carriage permit if he is satisfied that the holder of the permit –
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(a) has contravened any of the provisions of this Statute or any regulation made thereunder;
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(b) has not complied with any direction issued to him under section 10 ;or
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(c) has furnished in any application or return or in any written information or written explanation sent by him under this Statute, any particulars which to his knowledge are false or incorrect.
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(2) The cancellation of a permit under Sub- section (1) shall act take effect until the time for appealing against the decision of the Director has expired if an appeal has been made, in terms of National Transport Commission Act, No. 37 of 1991 until the appeal is disposed of.
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Director to communicate his decision to applicant or helder of permit together with his reasons Therefor.
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15. Where the Director decides to refuse the grant or renewal of a passenger service permit, or cancel a permit he shall communicate in writing to the applicant or the holder of the permit, as the case may be, his decision together with the reasons therefor.
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16.
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(1) The applicant for, or the holder of, a passenger service permit who is aggrieved by a decision of the Director:
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(a) refusing the grant or the renewal of a permit; or
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(b) cancelling the permit,
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may appeal against the decision to the National Transport Commission within fourteen days of the date on which such decision is communicated to him.
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(2) The National Transport Commission may on any appeal under Sub-section (1)-
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(a) Allow the appeal and direct the Director to grant or renew the permit; or
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(3) the Director shall comply with any direction issued to him under Sub-section (2)
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Permit to be displayed on windscreen.
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17. Every passenger service permit issued under this Statute shall be conspicuously displayed on the windscreen of the omnibus in respect of which the permit has been issued.
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18. The Authorized Person may give notice in writing to any person who is the holder of a passenger service permit issued under this Statute requiring him to furnish within the time specified in such notice any return, information, or explanations as the Authorized Person may require for the purpose of exercising his powers and discharging his duties under this Statute and it shall be the duty of such person to comply with the requirements of such notice.
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Public stands for omnibus.
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19.The local authorities may provide one or more public stands, bus stations within the area for the use of omnibuses.
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Regulations
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20.
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(1) The Minister may make regulation in respect of any matter required by this statute to be prescribed or in respect of which regulations are authorized by this Statute to be made.
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(2) In Particular and without prejudice to the generality of the powers conferred by Sub-section (1) the Minister may make regulations in respect of ail or any of the following matters:-
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(a) the plates and marks to be carried on omnibus used under the authority of stage carriage permits issued under this Statute;
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(b) the documents to be earned by drivers or conductors of omnibus used under the authority of stage- carriage permits issued under this Statute and the particulars to be entered thereon;
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(c) the standards to be observed by any person using an omnibus used under the authority of a stage carriage permit issued under this Act and the prohibition of acts or omissions in contravention of such standards;
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(d) the records to be kept in respect of journeys performed by an omnibus used under the authority of a stage carriage permit issued under this Statute ;
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(e) the records to be kept by holders of stage carriage permits issued under this Statute in respect of the persons employed by such holders as drivers or conductors of the omnibus used under the authority of such permits and to the times of the commencement and cessation of work by such persons and the intervals of rest taken by them ;
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(f) the preservation of records kept under this Statute, the inspection of such records by any authority specified in the regulation and the production for the purposes of such inspection, of such records on demand made by the authority ;
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(g) the procedure for the conduct of business of and the procedure for the discharge of the functions by District Associations and the Federation or any other Association;
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(h) the organisation and management of bus stands, bus stations particularly for the co-ordination and scheduling of bus operations time keeping and orderly and equitable use of facilities ;
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(i) Licensing of conductors.
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(3) Every regulation made under Sub-section (1) 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 regulations.
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(4) Every regulation made under Sub-section (1) shall as scon as convenient after its publication in the Gazette be brought before the provincial council for approval and any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder.
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(5) The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.
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Offences.
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21. Any person who acts in contravention of any provision of this Statute or any regulation made thereafter or furnishes any return, written information or written explanation containing any particulars which to his knowledge are false or incorrect, shall be guilty of an offence under this Statute.
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Penalties.
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22. Every person who is guilty of an offence under this Statute shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding one thousand five hundred rupees or to imprisonment of either description for a period not exceeding two year or to both such fine and imprisonment.
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Liability of certain persons in respect of offences committed by bodies of persons.
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23.Where an offence under this Statute is committed by a body of persons then:-
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(a) if that body of person is a body corporate- every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of that body corporate ; or
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(b) if that body of persons is a firm every person who at the time of the commission of the offence was partner of the firm.
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shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and all the circumstances.
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Interpretation.
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24. In this Statute unless the context otherwise requires “Local authority” means any Municipal Council, Urban Council, Pradeshiya Sabha and includes any Authority created and established by under any law to exercise, perform and discharge powers duties and functions corresponding to or similar to the powers duties and functions exercised performed and discharged by any such Council.
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“Omnibus” shall have the same meaning as in the National Transport Commission Act, 1991.
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“Passenger”shall have the same meaning as in the Motor Traffic Act No.
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“Prescribed” means prescribed by regulations made under this Act.
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“Minister” is Minister in charge of Transport in the Provincial Council.
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“Separate Fares” shall have the same meaning as in the National Transport Commission Act, No.37 of l991.
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THE LOCAL AUTHORITIES (STANDING BY-LAWS) ACT,No. 06 OF 1932
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HEREBY notice is given that the draft by-laws made by the Minister of Local Government under Section 02 of the Local Authorities (Standing By-Laws ) Act, No. 05 of 1952 and published in the Gazette No. 520/7 of 23rd August, 1988 of the Democratic Socialist Republic of Sri Lanka, been unanimously accepted by the Provincial Council of the North Central Province, this date of 24th December, 1991.
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| W.B.Ekanayake, Chairman, North Central Provincial Council. |
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