No suit or other proceeding shall be instituted against the State and no suit, prosecution or other proceedingshall be instituted against any officer or servant of the Government in respect of any act done or purporting to be done under this act, unless the suit, prosecution or other proceeding is instituted within one year from the date of the act complained of, SIS—Ila I / I64
23. Raped—The Madras Motor Vehicles (Taxation of Passengers and Goods) Act, 1952 as in force in the Malabar District referred to in sub-section (2) of section 5 of the States Reorganization Act, 1956 (Central Act 37 of 1956) is hereby repealed.
Tn: SCHEDULE (See section 4) l. (l) The composition fee referred to in section 4, shall, in relation to any period before the commencement of this Act, be ulculated for the entire unexpired period of the currency of the permit or for a period of three months, whichever is less, at the rate,—
(a) in the case of a stage carriage, of 24 naye paise per seat per year per kilometre, of the total distance permitted to be covered by such stage carriage in a day or at the option of the operator of twelve rupees and fifty naye paise per seat per quarter ; and
(b) in the case of a public carrier vehicle, of twenty-two rupees and fifty naye paise per month.
Explanation.—-Where a stage carriage is permitted to carry standing passengers, one-third of the fee-per seat referred to in clause (a) shall also be payable in respect of each of the standing passengers aforesaid as if seating accommodation had been provided for them.
(2) The provisions of this rule shall apply only to the Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of l956).
2. (l) The composition fee referred to in section 4, shall, in relation to any period after the commencement of this Act, be calculated for the entire unexpired period of the currency of the permit or for a period of three months, whichever is less, at the rate—
(a) in the case of a stage carriage, of 48 (Forty-eight) naye paise per seat per year per kilometre of the total distance permitted to be covered by such stage carriage in a day or at the option of the operator, of 25 (Twenty-five) rupees per seat per quarter, and
(b) in the case of a public carrier vehtele,ofRs. “2'50 Ru ees one hundred and twelve and naye Paise fifty r quarter.P Pe Explanalian I.—Where a stage carriage is permitted to carry standing passengers, one third of the fee per seat referred to in clause (a) of sub-rule (1) shall also be payable in respect of each of the standing passengers aforesaid as if seating accommodation had been provided for them.
Explanntmn II.—Where in pursuance of any agreement between the Government of Kerala and the Government of any other State, com sition fee in respect of any stage carriage plying on a route lying partiyoin the State of Kerala and partly in the other State is payable to the Government of Kerala, composition fee in respect of such vehicle shall be calculated on the total distance covered by the stage carriage in such route, 0% 165
(2) The amount of lhc composition fee calculated with reference to clause (a) or clause (1:) of sub-rule (I) shall be payable at the Opllou of the operator either quarterly or in three equal monthly instalments.
3. Any application for the grant or renewal of permission to pay the composition fee mentioned above, shall be made, not less than fifteen days before the commencement of the period for Wind] the tax is intended to be compounded, provided that the prescribed officer may in any case, for reasons to be recorded by him in writing, permit the application to be made not later than fifteen days from such commencement ; and the application shall be accompanied by a receIpL ievidencing the payment into a Government treasury of the composition ee.