primary law

The Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973

The Tamil Nadu Legislature enacted the Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973, Tamil Nadu Act No. 12 of 1973, which received the President’s assent and was published in the Tamil Nadu Government Gazette Extraordinary on 14 March 1973. It provides for the phased government acquisition of stage carriages, contract carriages, permits and specified property connected with passenger transport operations in Tamil Nadu.

Category
Acts and rules
Effective
1 January 1973
Pages
25
Status
In force
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What the Act governs

The Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973 applies to stage carriages and contract carriages operating in Tamil Nadu on 14 January 1973. Its stated purpose is to nationalise road passenger transport by acquiring passenger transport divisions of stage carriage and contract carriage operators through a phased programme.

The provisions concerning the short title and restrictions on permits and transfers were deemed to have commenced across Tamil Nadu on 14 January 1973. The remaining provisions applied to stage carriages in the Nilgiris district from that date. For contract carriages and stage carriages in other districts, commencement depended on dates notified by the Government.

Property that may vest in the Government

Following a Government notification for an operator, the following property may vest absolutely in the Government:

  • Every stage carriage or contract carriage owned or operated by that operator, together with its permit.
  • Lands, buildings, workshops and other places predominantly used for maintaining, repairing or otherwise supporting the carriage service, where specified by Government order.
  • Stores, instruments, machinery, tools, plants, apparatus and other specified equipment used predominantly for the service.
  • Accounts, registers, records and other documents relating to the acquired vehicles or specified property.
  • Movable property, rights and reserve vehicles included within the Act’s definitions.

Acquired property vests free from mortgages, charges, liens, hire-purchase agreements and other encumbrances. Court attachments, injunctions, decrees or orders restricting its use are treated as withdrawn.

Who may be affected

The Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973 directly affects operators whose names appear as holders of stage carriage or contract carriage permits. It may also affect secured creditors and anyone with a charge, lien or other interest in acquired vehicles or connected property.

An affected person cannot continue a claim against the acquired property itself. The person may instead claim the amount payable under the Act. Every interested person is entitled to receive an amount determined in the manner specified in the Second Schedule.

Relevance to land and property checks

A buyer or professional checking land formerly used by a passenger transport operator should determine whether the Government issued an acquisition notification and specifically included that land, building or workshop. The source document supplied by PRS Legislative Research may not include later amendments, so authoritative status should be checked against the latest government publication or Gazette notification.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does the Act automatically acquire every property owned by a bus operator?

No. Vehicles and permits vest following a Government notification for the operator. Lands, buildings, workshops and related equipment vest only where the Government specifies them and they were predominantly used in connection with the carriage service.

What happens to a mortgage or lien over acquired property?

The acquired property vests in the Government free from mortgages, charges, liens, hire-purchase agreements and other encumbrances. A secured creditor or other interested person may claim an interest in the amount payable under the Act.

Does the Act cover all of Tamil Nadu?

Yes, it extends to the whole State of Tamil Nadu. However, commencement of some provisions for contract carriages and stage carriages outside the Nilgiris district depended on Government notifications.

How can a property buyer check whether particular transport land was acquired?

Check whether a Government acquisition notification applied to the operator and whether a Government order specified the particular land, building or workshop. The source advises consulting the latest government publication or Gazette notification for authoritative text.