The Tamil Nadu Traffic Control Act, 1938 Complete Act - Bare Act

(Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969)
(TAMIL NADU) TRAFFIC CONTROL ACT, 1938

(Substituted by the Tamil Nadu Adaptation of Laws Order, 1970)
(State of Tamil Nadu)

WHEREAS it is expedient to enable the (Substituted by ibid) (State Government) to make provision for the control of traffic in public places in the (State of Tamil Nadu) and for that purpose further to amend the Madras City Municipal Act, 1919 (The short title of this Act has now been altered as the Madras City Municipal Corporation Act, 1919), the (Tamil Nadu) District Municipalities Act, 1920, the (Tamil Nadu) Local Boards Act, 1920 (Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act IV of 1939), the Indian Motor Vehicles Act, 1914 (Now the Motor Vehicles Act, 1939 (Central Act IV of 1930)), in its application to the (State of Tamil Nadu), and the (Tamil Nadu) Motor Vehicles Taxation Act, 1931 (Repealed by the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974), Section 26) ; It is hereby enacted as follows.-

" (1) This Act may be called the (Tamil Nadu) Traffic Control Act, 1938.

(2) It extends to the whole of the (State of Tamil Nadu).

(3) This section shall come into force at once, and the rest of this Act shall come into force on such date as the (state) Government may, by notification, appoint.

" In this Act, 'public place' means a road, street, way or other place, whether a thoroughfare or not, to which the public are granted access or over which they have a right to pass and includes-

(a) (Tamil Nadu) Act IV of 1919, in the City of Madras, a public street as defined in clause (20) of section 3 of the Madras City Municipal Act, 1919;

(b) (Tamil Nadu) Act V of 1920 in a municipality governed by the (Tamil Nadu) District Municipalities Act, 1920, a public street as defined in clause (21) of section 3 of that Act; and

(c) (Tamil Nadu) Act XIV of 1920 in a local area governed by the (Tamil Nadu) Local Boards Act, 1920 (Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920)), a public road as defined in clause (18) of section 3 of that Act.

" The (State) Government may, after previous publication, make rules to provide-

(a) for the regulation of the use of any public place and the closing thereof or parts thereof, and

(b) for the regulation of traffic in any public place or its reservation for particular kinds of traffic.

" In making any rule under section 3, the (State) Government may provide that a breach thereof shall be punishable-

(a) With fine which may extend to fifty rupees and, in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first each; or

(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from an officer empowered in that behalf by the (State) Government, to discontinue such breach.

5. (Amendments made by section 5 have been incorporated in the Madras City Municipal Corporation Act, 1919.)

6. (Amendments made by section 6 have been incorporated in the Tamil Nadu District Municipalities Act, 1920.)

7. (Amendments made by section 7 have been incorporated in the Tamil Nadu District Boards Act, 1920)

8. The Indian Motor Vehicles Act, 1914 (Now the Motor Vehicles Act, 1939 (Central Act IV of 1939)), shall in its application to the (Substituted by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [State of Tamil Nadu], be construed as if the rule-making power conferred by Section 11 of that Act extended to the following matters, namely "

"(a) The prescription of the conditions subject to which, and the fees (if any) on payment of which, motor vehicles or any class of such vehicles may be used in public places generally or in any particular public place.

(b) The constitution for each district of a transport authority and the prescription of its powers and functions including, in particular, its powers and functions in regard to "

(i) the issue or the authorization of the issue of prescribed permits in respect of motor vehicles or any specified class of motor vehicles, for their use in all, or any public places in the district;

(ii) the determination of the areas in the district on the routes or public places situated in which, or of the routes or public places in the district on which, motor vehicles or any specified class of motor vehicles may be used; and

(iii) the restriction of the number of motor vehicles or of any specified class of motor vehicles to which permits may be issued in respect of such areas, routes or public places.

(c) The constitution of a central transport authority for the (Substituted by the Adaptation Order of 1950) [State] and the prescription of its powers and functions including, in particular

(i) its powers and functions in regard to motor traffic extending over the jurisdiction of two or more of the transport authorities referred to in clause (b), and the exercise of the powers and functions of, and the control to be exercised over, such authorities in respect of such traffic; and

(ii) its appellate jurisdiction in respect of orders passed by the transport authorities referred to in clause (b).

(d) The powers of the [State] Government to control the central transport authority referred to in clause (c) and the prescription that the decisions and orders of such authority "

(i) shall not be liable to be questioned is any Civil Court by suit or otherwise; and

(ii) shall be final except in so far as they may be set aside or revised by the [State] Government.

(e) The powers of the [State] Government to control the transport authorities referred to in clause (b) and the prescription that the decisions and orders of such authorities shall not be liable to be questioned in any Civil Court by suit or otherwise,

(f) The prescription of a limit of speed in respect of motor vehicles or any specified class of motor vehicles, generally or in any particular public place.

(g) The empowering of any authority to limit by general or special order the speed at which motor vehicles or any specified class of motor vehicles may be driven, generally or in any particular public place."

[Amendments made by Section 9 have been incorporated in the Tamil Nadu Motor Vehicles Taxation Act, 1931.] (Now repealed by the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974))

" Notwithstanding anything contained in this Act, all by-laws relating to any of the matters mentioned in Section 3 of this Act which have been made under the Madras City Municipal Act, 1919, the [Tamil Nadu] District Municipalities Act, 1920, or the [Tamil Nadu] Local Boards Act, 1920 (Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920)), and are in force at the commencement of this Act shall continue to be valid, but any such by-law may be cancelled or altered by a rule made under Section 3 aforesaid.

the Madras Government Roads Traffic Control Act, 1931, is hereby repealed.

" If any difficulty arises in giving effect to the provisions of this Act or of the Madras City Municipal Act, 1919 (Now the Motor Vehicles Act, 1939) Central Act IV of 1939)), the [Tamil Nadu] District Municipalities Act, 1920, the [Tamil Nadu] Local Boards Act, 1920, the Indian Motor Vehicles Act, 1914, or the [Tamil Nadu] Motor Vehicles Taxation Act, 1931, as amended by this Act, the [State] Government, as occasion may required, may, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty.