The Motor Vehicles (Kerala Third Amendment) Act, 1971[1] Complete Act - Bare Act

Act 34 of 1971

THE MOTOR VEHICLES (KERALA THIRD AMENDMENT) ACT, 1971[1]

An Act to amend the Motor Vehicles Act, 1939 in its application to the State of Kerala

Preamble. "€WHEREAS it is expedient to amend the Motor Vehicles Act, 1939 for the purposes hereinafter appearing;

Be it enacted in the Twenty-second year of the Republic of India as follows: "€

1
. Short title, extent and commencement. "€
(1) This Act may be called the Motor Vehicles (Kerala Third Amendment) Act, 1971.

(2) It extends to the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the first day of June, 1971.

2. Amendment of section 43. "€In section 43 of the Motor Vehicles Act, 1939, (Central Act 4 of 1939) (hereinafter referred to as the principal Act), "€

(a) in sub-section (1), for the words "by notification in the official gazette, issue directions to the State Transport Authority", the words "by notification in the official gazette issue directions prospectively or retrospectively to the State Transport Authority" shall be substituted;

(b) after sub-section (1), the following sub-section shall be, and shall be deemed to have been inserted with effect from the first day of March, 1963, namely: "€

"(1A) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and public carriers may provide that such fares or freights shall be inclusive of the tax payable by passengers or consignors of goods as the case may be, to the operators of the stage carriages, contract carriages or public carriers under any law relating to tax on passengers and goods already in existence or to be made from time to time."

3. Validation. "€
(1) Notwithstanding any judgment, decree or order of any court to the contrary or anything contained in any law for the time being in force, "€

(a) the directions relating to fares for stage carriages issued by the Government on or after the first day of March, 1963 shall be deemed to be inclusive of the tax payable under the Kerala Motor Vehicles (Taxation of Passengers and Goods) Act 1963 (Kerala Act 25 of 1963 hereinafter referred to as the said Act) and to have been issued under section 43 of the Motor Vehicles Act, 1939 as amended by this Act;

(b) the revised rate of fares for the stage carriages fixed by the State Transport Authority to take effect from the first day of July, 1963 or thereafter in pursuance of the above-mentioned directions, shall accordingly be deemed to be inclusive of the tax, payable under the said Act by passengers of stage carriages;

(c) all taxes under the said Act collected or purported to have been collected from the operators of stage carriages shall be deemed to be, and to have always been validly collected in accordance with law;

(d) no suit or other proceedings shall be maintained or continued in any court against the Government or any other authority or persons whatsoever for the refund of any tax so collected;

(e) no court shall enforce any decree or order directing the refund of any tax so collected; and

(f) any such tax due to the Government before the commencement of this Act, but not collected, and any such tax which may become due to the Government, from any operator of stage carriages, may be recovered in the manner provided under the said Act.

(2) For the removal of doubts, it is hereby declared that nothing contained in sub-section (1) shall be construed as preventing any person from claiming refund of any tax paid by him in excess of the amount due from him under the said Act.

4. Savings. "€ (1) Notwithstanding the cessation of operation of the Motor Vehicles (Kerala Amendment) Ordinance, 1971 (Ordinance No.15 of 1971), "€

(a) Anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act;

(b) Anything done or any action taken after the cessation of operation of the said Ordinance and before the date of publication of this Act in the Gazette, which could have been done or taken under the principal Act as amended by the said Ordinances if the said Ordinance had not ceased to operate shall be deemed to have been done or taken under the principal Act as amended by this Act;

(c) Any investigation, legal proceeding or remedy which could have been instituted, continued or enforced under the principal Act as amended by the said Ordinance if the said Ordinance has not ceased to operate may be instituted, continued or enforced under the corresponding provisions of the principal Act as amended by this Act;

(2) The cessation of operation of the Motor Vehicles (Kerala Amendment) Ordinance 1971, shall not "€

(a) affect any right, privilege, obligation or liability acquired, accrued or incurred under the principal Act as amended by the said Ordinance;

(b) affect any penalty or punishment incurred in respect of any offence committed under the principal Act as amended by the said Ordinance;

(c) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed under the provisions of the Principal Act as amended by this Act;

(3) Notwithstanding anything contained in this Act, no person shall be convicted of any offence under the Principal Act as amended by this Act committed after the cessation of operation of the said Ordinance and before the date of publication of this Act in the Gazette.