Private Omnibus Services

(1) There shall be appointed a person to be or to act as the Director of Private Omnibus Transport (hereinafter referred to as “the Director”), who shall be in charge of the general administration of this Act.

(2) There shall be appointed such number of Deputy Directors and Assistant Directors of Private Omnibus Trans port and such other officers as may be required for the purpose of carrying out or giving effect to the provisions of this Act.

(3) Any power, duty or function of the Director under this Act may be exercised, performed or discharged by any Deputy Director or Assistant Director under the directions of the Director or other officer who is authorized so to do by writing under the hand of the Director.

(1) No person, other than a Regional Transport Board as provided for in the Transport Board Law, No. 19 of 1978, shall use on or after the appointed date an omnibus for the purpose of a regular service for the carriage of passengers for fee or reward except under the authority of a stage carriage permit granted by the Director under this Act and for the time being in force.

(2) No person shall use, on or after the date on which this subsection comes into operation, any vehicle, other than an omnibus, for the purpose of a regular service for the carriage of passengers for fee or reward.

(3) Any officer authorized under section 2 ‘3) or any police officer may seize any vehicle, used in contravention of the provisions of this section, and shall produce such vehicle, without undue delay, before the Magistrate’s Court within the local limits of whose jurisdiction it was seized.

(4) Where any vehicle is produced before a Magistrate’s Court under the provisions of subsection (3), the Magistrate may make order detaining the said vehicle until the conclusion of the trial or make order releasing the said vehicle subject to such conditions as the Magistrate may impose in the circumstances of the case.

(1) Every application for a stage carriage permit under this Act shall be made by the registered owner of the omnibus in respect of which the application is made to the Director in such form as may be prescribed.

(2) Every applicant for a stage carriage permit shall, together with his application made under subsection (1), submit a statement in such form as may be prescribed containing

(1) Subject to the provisions of subsection (2), the Director shall have full power and discretion to either grant or refuse to grant a stage carriage permit or grant a renewal thereof.

(2) The Director, in exercising his discretion in regard to the grant or refusal to grant a stage carriage 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 public generally, including those of persons requiring, as well as those of persons providing, facilities for the transport of passengers for fee or reward and shall, in particular, have regard in using such discretion to the following matters:

(1) No stage carriage permit shall be issued by the Director to any person under this Act, except upon the payment by such person to him of such fee or fees as may be prescribed.

(2) Every stage carriage permit shall

(a) that the fares to be charged shall be such as may be specified by the Director;

(b) that the omnibus used under the authority of the permit shall be operated on such route or routes specified in the permit;

(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;

(d) that the omnibus used under the authority of the permit shall be maintained at all times in a fit and serviceable condition;

(e) that the requirements of any written law with respect to the time for which drivers or conductors of omnibuses may remain continuously on duty and to their hours of work or rest and to their wages are complied with in the case of the driver and conductor of the omnibus used under the authority of the permit.

(1) The Director may issue to any person to whom a stage carriage permit has been granted under this Act, any such directions as he may think necessary for the purpose of making such person comply with the provisions of this Act 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 directions.

(2) The Director or any officer duly authorized by him under section 2 (3) may at any time

(a) the Director is satisfied that the holder of the stage carriage permit has observed the provisions of this Act or any regulation made thereunder or has not been convicted of any offence under this Act or any regulation made thereunder ; and

(b) the holder of the stage carriage permit pays the prescribed fee for the renewal of the permit.

(1) The Director may cancel any stage carriage permit if he is satisfied that the holder of the permit

(2) The cancellation of a permit under subsection (1) shall not take effect until the time for appealing against the decision of the Director has expired or if an appeal has been made, until the appeal is disposed of.

(1) The applicant for, or the holder of, a stage carriage permit who is aggrieved by a decision of the Director

(2) The Secretary may on any appeal under subsection (a) allow the appeal and direct the Director to grant or renew the permit; or (b) disallow the appeal.

(3) The Director shall comply with any direction issued to him under subsection (2).

(1) The Minister shall, as soon as may be after the appointed date, by Order published in the Gazette

(2) Every District Association constituted under sub section (1) shall be a body corporate with perpetual succession and a common seal and may sue and be sued by such name as is assigned to it by the Order constituting such Association.

(3) Every person who is the holder of a stage carriage permit issued under this Act hereinafter referred to as a “private omnibus operator”) shall be a member of the District Association of the administrative district in which the place of origin of the route specified in the stage carriage permit is situated, and in any case where there is more than one District Association in a district, such person shall be a member of the District Association within the jurisdiction of which the place of origin of the route specified in the stage carriage permit is situated.’;

(4) In any proceedings, civil or criminal, an extract from, or a copy of, any register or record book, maintained by a District Association in the course of discharging its functions, and certified to be a true extract or copy by the Secretary of such District Association, shall be admissible in evidence without proof thereof, and shall be prima facie evidence of the contents of such register or record book.

(1) The Director shall maintain a register of members of each District Association who become members of such District Association under section 20 (3) .

(2) The register maintained under subsection (1) shall consist of the following particulars: –

(3) The Director shall furnish to each District Association a copy of the register of members maintained under subsection (1) and of amendments made to such register from time to time.

(4) Every person who becomes a member of a District Association under section 20 (3) shall, within fourteen days of his becoming a member, pay to such District Association the fees specified in the First Schedule to this Act.

(5) Every member who defaults in the payment of the fees specified in the First Schedule to this Act shall not be entitled to exercise his rights as a member or use the facilities provided by the District .Association.

(a) to ensure that the regular omnibus services provided in the district by the members of the Association are such that they meet the transportation requirements of the public ;

(b) to lay down omnibus schedules and enforce their implementation ;

(c) to ensure the safety and comfort of passengers and the efficiency of the services provided ;

(d) to appoint stand keepers, checkers and other staff as are necessary and to handle all disciplinary matters relating to them;

(e) to pay stand fees and other charges on behalf of members;

(f) to make such levies as are necessary from members for the proper functioning of the Association;

(g) to recommend to the Director through the Federation changes in route permits where necessary; and

(h) to lease and co-ordinate with other District Associations and the Federation with a view to ensure equitable return time schedules and loads.

(1) Every District Association shall elect from among themselves a Committee of Management consisting of the President, Secretary, Treasurer and five other members, to administer the affairs of the Association.

(2) Every District Association shall, after the election of the Committee of Management, elect one member from among the Committee of Management to be its nominee to the Federation of Private Omnibus Operators’ Associations.

(3) The term of office of the Committee of Management of a District Association shall be three years.

(4) The District Association shall pay monthly out of its net income an amount calculated on the basis of the rates set out in the Second Schedule to this Act to the Federation of Private Omnibus Operators Association established under section 23, to enable it to finance its operations.

(1) There shall be established a Federation which shall be called the Federation of Private Omnibus Operators’ Associations (hereinafter referred to as ” the Federation”) consisting of the nominees of the District Associations.

(2) The Federation shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

(3) The seal of the Federation (a) shall be in the custody of the Executive Committee of the Federation; (b) may be altered in such manner as may be deter- mined by the Executive Committee of the Federation; and (c) shall not be affixed to any instrument or document except with the sanction of the Executive Committee of the Federation and in the presence of at least two members of the Executive Committee who shall sign the instrument or document in token of their presence.

(a) to co-ordinate the activities of the District Associations;

(b) to resolve disputes and disagreements referred to the Federation by any District Association or Associations ;

(c) to recommend to the Director changes of route permits as are deemed to be necessary;

(d) to assess the transport needs of all areas in the country and to ensure that all areas are adequately served; and

(e) to make representations to the Minister and the Director on all matters relating to the private omnibus industry.

(1) The affairs of the Federation shall be administered by an Executive Committee of the Federation consisting of

(2) The term of office of the Executive Committee of the Federation shall be three years.

(1) Subject to the provisions of this Act and any other written law, the Committee of Management of a District Association or the Executive Committee of the Federation, shall, on behalf of a District Association or the Federation, have the power to do, perform and execute all such acts, matters and things whatsoever as are necessary or desirable for the performance of the functions of a District Association or the Federation, as the case may be.

(2) The District Associations and the Federation shall, in the course of discharging their functions, act under the general and special directions of the Director. Regulations may be made in regard to the nature of the directions that the Director may give in the exercise of this power

(1) If at any time the Minister is satisfied that there is sufficient proof of

on the part of the President, the Secretary, the Treasurer or any of the members of a Committee of Management of a District Association or of the Executive Committee of the Federation, as the case may be, or on the part of a Committee of Management or of the Executive Committee, as the case may be, the Minister may, on the advice of the Director, as the circumstances of each case may require

(2) Where the Minister removes the President, the Secretary or the Treasurer of a Committee of Management or the Executive Committee, as the case may be, under subsection (1) (i) or all or any of the members of a Committee of Management or the Executive Committee, as the case may be, under subsection (1) (ii) or dissolves a Committee of Management or the Executive Committee, as the case may be, ‘under subsection (1) (iii), he may appoint a senior public officer attached to the Department of Private Omnibus Transport, drawing a salary of not less than rupees thirteen thousand eight hundred per annum, to discharge the functions of the President, the Secretary or the Treasurer or any member so removed or to exercise the powers and functions of the Committee of Management or the Executive Committee, as the case may be, so dissolved until a fresh election is held or fresh nomination is made to fill such vacancy or a new Committee of Management or a new Executive Committee, as the case may be, is elected. The election, for the appointment of a new Committee of Management or the Executive Committee, as the case maybe, or for the filling of any vacancy in such Committee of Management or the Executive Committee, as the case may be, shall be held not later than six months from the dissolution of such Committee or the occurrence of such vacancy, as the case may be.

(1) The local authority for any urban area may provide one or more public stands within that area for the exclusive use of private omnibuses.

(2) Regulations may be made empowering the Director in any case where he is satisfied that the provision for public stands made by the local authority under subsection (3) for any urban area is unsatisfactory to make, with the approval of the local authority , such provision as he may deem necessary for the establishment and maintenance of public stands within that area in accordance with regulations so made.

(1) The charge to be levied by a local authority on a private omnibus for the use of a bus stand provided for the exclusive use of private omnibuses shall be determined by such local authority with the concurrence of the Director.

(2) No person or organisation other than a District Association or a local authority referred to in subsection (1) shall recover any charge from, or make any levy on, a private omnibus operator as stand fees, loading fees or any other fee or levy of a similar character.

(3) No local authority shall recover any payment direct from a private omnibus operator for any services provided 1 by such local authority to such operator. Every payment due to such local authority from such operator shall be paid by the District Association of which he is a member, and the District Association shall enter into any agreement relating to such payment be with such local authority.

(1) No person shall use the funds, the office premises, staff and equipment of a District Association or the Federation, as the case may be, for the purposes of an election to the Committee of Management of such Association or the Executive Committee of such Federation, as the case may be.

(2) Any person who is convicted of an offence under this Act by reason of a contravention of subsection (1), shall be disqualified from being elected to, or, from holding, any office in a District Association or the Federation, as the case may be, for a period of five years.

(1) All funds and income of a District Association, or the payment made to the Federation under section 22 (4) shall be credited to a bank account in a bank to be approved by the Director.

(2) Payments into, and out of, each such account shall be in the manner provided for by regulation made under this Act.

(1) The Director shall, by a general or special order made in writing in that behalf, cause the accounts of every District Association and the Federation to be audited by some person authorized by him at least once in every calendar year.

(2) The audit under subsection (1) shall include an examination of over due debts, if any, and a valuation and verification of the assets and liabilities of every District Association and the Federation.

(3) For the purposes of an audit under subsection (1), the person authorized by the Director to audit the accounts of a District Association or the Federation, as the case may be, shall have the power

(4) Any person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall at all times have access to all the books, accounts, papers and securities of such District Association or the Federation, as the case may be, and shall be entitled to inspect the cash in hand, and every officer or member of such District Association or the Federation as the case may be, shall furnish such information as the person making the audit may require, in regard to all the transactions of such District Association or the Federation, as the case may be.

(5) Every person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall be deemed to be a public servant within the meaning of the Penal Code.

(1) If any discrepancies are discovered in the course of an audit, of a District Association or the Federation, as the case may be, the person conducting the audit shall inform the Director who shall bring it to the notice of such District Association or the Federation, as the case may be.

(2) The Director shall make an order directing such District Association or . its members or the Federation or its members to take such action as may be specified in the order within the time mentioned therein to remedy any discrepancies discovered in the course of the audit of such District Association or the Federation, as the case may be. It shall be the duty of District Association, the Federation or a member to whom such order is given to Comply therewith.

(3) Where a District Association or the Federation, as the case may be, fails to comply with an order under subsection (2) every member of the Committee of Management of such District Association and every member of the Executive Committee of such Federation, as the case may be, shall, unless he proves to the satisfaction of the court that

be deemed to be guilty of an offence under this section.

(1) The Director may on his own motion and shall, on the application of a majority of the members of the Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be, or of not less than one third of the members of such District Association or of such Federation, hold an inquiry, or direct any person, authorized by him by order in writing in that behalf, to hold an inquiry, into the activities, functions and financial condition of such District Association or the Federation, as the case may be.

(2) For the purposes of an inquiry under subsection (1), the Director or any person authorized by him to hold an inquiry into the affairs of a District Association or the Federation, as,,-the case may be, shall have the power

(3) Where an inquiry is held under this section into the affairs of a District Association or the Federation, as the case may be, the Director shall communicate the result of title inquiry to such District Association or the Federation, as the case may be.

(4) The Director and every person authorized by him to hold an inquiry under this section, shall be deemed to be public servants within the meaning of the Penal Code.

(1) Every District Association shall in the discharge of its functions, maintain the following books and documents:

(2) The Federation shall in the discharge of its functions, maintain the following books and documents:-

(1) If the Director is of the opinion after an inquiry under section 28F that the Committee of Management of any District Association or the Executive Committee of the Federation, as the case may be, is not discharging its functions properly, he may with the concurrence of the Minister after giving an opportunity to state their objections, if any, to its dissolution, and after considering such objections, at a general meeting of a District Association or the Federation, as the case may be, summoned by him by order in writing

(2) Where an order is made under subsection (1), the Director shall by the same or subsequent order, appoint a fit and proper person to manage and administer the affairs of a District Association or the Federation, as the case may be, and may from time to time, remove or replace any person or persons so appointed or appoint additional persons.

(3) Subject to the general direction and control of the Director, any person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be-

(4) The Director may fix the remuneration payable to any person or persons appointed by him under this section to manage the affairs of a District Association or the Federation, as the case may be. The amount of such remuneration and other expenses, if any, incurred in the management of a District Association or the Federation, as the case may be, shall be payable from its funds.

(5) It shall be the duty of the person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be and holding office immediately prior to the date on which the direction under paragraph (b) of subsection (1), ceases to have effect, to arrange, prior to the date aforesaid, for the appointment of a new committee in accordance with the by-laws of a District Association or the Federation, as the case may be.

6.

(1) The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

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

(3) Every regulation made under subsection (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 regulation.

(4) Every regulation made under subsection (1) shall as soon as convenient after its publication in the Gazette be brought before Parliament 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.

(5) The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

(1) Notwithstanding anything to the contrary in the First Schedule to the Code of Criminal Procedure Act, No. 15 of 1979, every offence under this Act shall be a cognizable offence.

(2) The Director and any person authorized by the Director under section 2 (3), shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, to exercise, for the purposes of this Act, any power conferred on a peace officer by that Act.

(a) if that body of persons 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

(b) if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of the firm, 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.

(1) in section 28 thereof, by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection:

(2) in section 46 thereof, by the repeal of subsection (1) and the substitution therefor, of the following subsection :

(3) by the repeal of section 239B thereof, and the substitution therefor, of the following section:

(1) Notwithstanding the provisions of this Act or any other written law, every permit authorizing the use by any person of an omnibus for the purpose of the operation of a regular omnibus service for the carriage of passengers for fee or reward, issued prior to the appointed date by the Secretary to the Ministry of the Minister in charge of the subject of Private Omnibus Transport shall be deemed to have been, and to be, lawfully and validly issued, and accordingly, any act or thing done in pursuance of any such permit shall be deemed to have been, and to be, lawfully done.

(2) Where any such permit as is referred to in subsection (1) is due to expire on any date after the appointed date, such permit shall, unless it is cancelled earlier, be deemed for the purposes of this Act to be a stage carriage permit issued under this Act by the Director of Private Omnibus Transport and shall be valid until the date of expiry specified in the permit.