Direction to the State Transport Authority, Tamil Nadu and the Regional Transport Authorities Regarding the Fixation of Cess on Fares for Stage Carriages Operated Under the Motor Vehicles Act, Amendment to Notification
The Home Department (Transport), Government of Tamil Nadu, issued G.O.Ms.No. 38, Home (Transport-VII), dated 23 January 2018, amending an earlier notification on the fixation of cess on fares for stage carriages. The amendment permits private operators to collect the amount mentioned in paragraph 2 of the earlier notification for maintaining their own Accident Compensation and Accident Prevention and Toll Fee Fund, with effect from 20 January 2018.
What the notification does
The Home Department (Transport), Government of Tamil Nadu, issued G.O.Ms.No. 38, Home (Transport-VII), dated 23 January 2018. It amends Home Department Notification No. II(2)/HO/79(d-6)/2018, published in Part II, Section 2 of the Tamil Nadu Government Gazette Extraordinary dated 19 January 2018. The amendment came into force on 20 January 2018.
What it governs
G.O.Ms.No. 38 concerns directions to the State Transport Authority, Tamil Nadu, and the Regional Transport Authorities regarding the fixation of cess on fares for stage carriages operated under the Motor Vehicles Act, 1988.
The Governor of Tamil Nadu made the amendment using the powers under clause (i) of sub-section (1) of Section 67 of the Motor Vehicles Act, 1988.
Who is affected
G.O.Ms.No. 38 directly concerns:
- Private operators of stage carriages.
- The State Transport Authority, Tamil Nadu.
- Regional Transport Authorities responsible for matters covered by the notification.
The notification deals with stage carriage fares and a fund maintained by private operators. It does not contain provisions about land, property ownership, land classification, planning permission or property registration.
Key provision
G.O.Ms.No. 38 adds a new paragraph 3 after paragraph 2 of the earlier notification. The added provision states that:
- Private operators are also permitted to collect the amount mentioned in paragraph 2 of the earlier notification.
- The collected amount may be used to maintain each private operator's own Accident Compensation and Accident Prevention and Toll Fee Fund.
- The amount itself is not reproduced in this amendment. It is identified only as the amount mentioned in paragraph 2 of the earlier notification.
Publication and commencement
G.O.Ms.No. 38 was published in Tamil Nadu Government Gazette Extraordinary No. 28 on 23 January 2018. Although the Gazette publication is dated 23 January 2018, the text expressly states that the amendment came into force on 20 January 2018.
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Common questions
Can private stage carriage operators collect the amount covered by this notification?
Yes. Private operators are permitted to collect the amount mentioned in paragraph 2 of the earlier notification.
What can private operators use the collected amount for?
The amount may be used to maintain their own Accident Compensation and Accident Prevention and Toll Fee Fund.
Does G.O.Ms.No. 38 state how much may be collected?
No. The amendment refers to the amount mentioned in paragraph 2 of the earlier notification but does not reproduce that amount.
Does this notification affect land or property rights?
The notification concerns cess on stage carriage fares and funds maintained by private operators. It contains no provisions about land or property rights.