(1) The Employees' Provident Fund Commissioner Amount or the Employees' State Insurance Corporation may send to liable to deduction theadminist;ator or the arbitrator a certificate in respect of either the employer's contribution or the employees' cortri- cases.
bution realised b j the employer or any other duesrecoverable from the employer under the Employees' Provident Funds and Family Pendon Fund Act, 1952 (Central Act XIX of 1952) or the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), as the case may be, in respect of any person referred to in sub-section (3) of section 20, that the employer may have failed to pay in accordance with either ofthose Acts.
(2) (a) Any person referred to in sub-section (3) of section 20 may prefer before the arbitrator any claim relating to any salary, wages, leave salary, bonus,pension, gratuity, provident fund, or other payment due to him or t h proportionate sum thereof in respect of any service rendered by him in connection with the acquired property.
(b) Where under any law, award, agreement, contract of service or otherwise, th:. salary, wages, leave salary, bonus, penrion, gratuity, provldent fund, security deposit collected from employees or other payment referred to in clause (a) becomes payable to the person mentioned in that clause after a specified peliod of service rendered by such person in connection with the acquired property and where the acquired propcrty vests in the Government under sub-section (1) of section 4 before the expiry of such specified period, the stage carriage operator or the con.
tract carriage operator, as the case may be, shall be liable to pay in respect of such salary, wages, leave salary, bonus, pension, gratuity, provident fund, security deposit or other payment, a sum equal to the sum which bears to the full salary, wages, leave salary, bonus, pension,gratuity, 240 Stage earrfagts and Contract f i*3 : ?.&. Ad i3 Carriages (Acquisition) provident fund, security deposit or other payment payable after the expiry of the sa.id specified period, the same proportion as the period up to the notified date b:ars to the whole c f the said specified period.
(3) Subject to the provisions cf sub-section (4), the Government shall, after the claims of secured creditors are satisfied, be entitled tc deduct from the amount payable to the stage carriage operator or contract carriage cperator a sum equal to the sums required to disoharge the liabiliti: s referred to in sub-sections (1) and (2) or obligation of whatever kind (including liability in respect of prow dent fund o r superannuation fund or any other fund subsisting with the stage carriage operator or the contract carriage opcrator on the notified date) in relation to persons who have become the employees of the corporation or company or the State Transport Department of the Government under sub-section (3) of section
20.
(4) The claims made undzr sub-seation (1) or subsection (2)and any dispute regarding the sumto be deducted under sub-section (3) shall be decided by the arbitrator who shall follow such procedure as may bs prescrib~d.
Manner of 11. (1) The amount determined under section 6 shall, payment of after the deduction, if any, made under this Act, be given amount by the G,vernment to t k person interested, for the acq;Ged (a) ia cash in one lump sum, where the amount does not exceed 10,000 rupees, and
(6) in any othcr case, at his option, either,-
(i) in cash (to be paid by cheque drawn on the Reserve Bank) in three equal annual instalments, the amount of each instalment carryinginterest at tbe rate of six per cent per annum from the notified date, or
(ii) in saleable or otherwise transferable promissory notes or stock certificates of the Government issued and repayable at par, and maturing at the end of- (A) ten years from the notified date and carrying interest from such date at the rate of six and a half per cent per annum; or (B) thirtj ycars from th: notified date and carrying interest from such date at the rate of seven a& half per cent pzr annum ; or I 9973 : T.N. Act 121 Stage Carriages and Contract 242' Carriages (Acquisition)
(iii) partly in casb (to be paid by cheque d r a m on the Reserve Bank) and partlyin such number of securi.
ties specified in item (A)oritem (B)or botb, of sub-clause
(ii) as may be required by the person interested ; or
(iv) partly in such numb:r of securities specified in item (A) of sub-dause (ii) and partly in such number of securities specifitd initem (B) ofthat sub-clause, as may be required by the person interested.
(2) The first of the three equal annual instalments referred to in sub-clause (i) of clause (b) of sub-section (1) shall be paid, and the securities referred to in subclause (ii) of that clause shall be issued, within sixty days from the date of receipt by the Government of the option referred to in that clause, cr wher.: no such option has been exercised, from the latest date before which such option ought to have been exercised.
(3) The option referred to in clause (b) of sub-section
(1) shall be exercised by the person interested before the expiry of a period of th~ee months frcm the notified date (or within such further time, not exceeding three months, as the Government may, on the application of the person interested, allcw) and the option so exercised shall be final and shall not b; altered or rescinded after it has been exercised .
(4) Any person interested who omits or fails to exercise the option referred to in clause (b) of sub-sect ion (I), within the time specified in sub-section (3) shall be deemed to have opted for payment in securities specified in item (A) of subclause (i i) of that clause.
(5) Where the amount has been fixed by agreement, it shall be paid in accordance with the terms of the agreement.
12. Any person aggrieved by an award may, within thirty AWL days from the date of such award, prefer an appeal to the ~~~~~ High Court : amount
Provided that the High Court may eniertain the appeal after the expiry of the said pericd c?f thirty days, if it is szt isficd that the appellant was prevented by sufficient cause from filing the appeal in time.
125-10-16 242 Stage Carriages and Contr b ct [I973 : T.N. Act 12 Carriages (Acquisition) Arbitrator and 13. The arbitrato~ while holding arbitration prcceedings authorised under this Act, and the authorised officer wide deciding a officer hrvz dispute under section 19, shall have ali thc powels of a certain powk rs of civil court, while trying a suit, under the Ccde of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath ;
(b) requiring the discov~ry and prcduction of any document or other material object which is producible as evidence ; I
(c) reception of evidence on affidavits ;
(d) requisiti~ning any public reccrd or a copy thereof from any coult or office ; I
(e) issuing commissions f o ~ tde examination of witn&sses or documents.
Bar of applic' - 14. Except as otherwise provided in this Act, and with a tions for fresh view to facilitate the acquisition of the stage ca~rjages or Permit or for contract ca~riages within the pericd specified in section 2 the no person shall on or after the 14th Janua~y 1973 apply for existing permit for running ;ny any new permit or fcr renewal ~f the existing permit stag: c rriag: for the running of any stage carriage or contract carriage or contrcct in this State. The auth~ri ty or officer empowered to carriage. grant permits under the M o t c ~ Vehicles Act, shall, notwithstanding anything contained therein, grant such permit to the corporation or company owned by the Government ;
or the State Transport Department of the Government, as the case may be, and to no other.
Every application for the grant of a new permit or for the renewal of an existing permit and all appeals or revisions arising there from or elating thereto made or preferred before the 14th January 1973 and pending in any Court or with'aay o%cer. authority or Tribunal constituted under the Motor Vehicles Act on the 14th January 1973 shall abate.
Transfer of
15. No person shall on or after the 14th January 1973 stage carricg. and before the notified date, transfer by way of sale o r gift or contrzct any stage czrriage or contract carriage liable to be acquiamage on or red under this Act except in favour of the Government or itfter the 14th corporation or company owned by the Government or .
I * 1973': T.N. Act 121 Stage Carriages and Contract 2'43 Casriog es (Acquisition) the State Transport Department oithe Government. Where J,,,,,~ 1973 any transfer is made, by way of sale in favour of the and before the Government ox corporation or company owned by the notified date Government or the State Transport Depa,tment of the Prohibited.
qove~nment, the price to bc paid shall be calculated in accordance with the principles foi determining t t e amount under this Act for such property liable to be acquired under this Act.
16. Notwithstanding anything contained in this Act or Grant of in the Motor Vehicles Act or in any other law for the time temporary being in force, any stage carriage operator or contract permit to carriage operator running any stage carriage or contract OPerLtor.
carriage in this State shall be entitled to obtain a temporary permit under the Motor Vehicles Act in respect of any stage carriage or contract carriage liable to be acquired under this Act. Such temporary permit shall be for a period of four months in the filst instance which may thereafter be extended for further periods of four months at a time until the stage carriage or contract carriage is transferred to the corporation or company or the State Transport Department of the Government referred to in section 20 :
Provided that nothing contained in this section shall entitle any stage carriage operator or contract carriage operator to obtain any temporary permit in respect of any area or route or portion thereof specified in a scheme published at any time (whether before, on or after the 14th January 1973) under section 68-C of the Motor Vehicles Act.
17. Every transfer of any stage carriage or contract Transfers in carriage liable to be acquired under this Act in contra- contr~vtntion vention of section 15 shall be void. of srction 15 to be void.
18. The Government may appoint such number of Appointment officers as may considered necessary as administrators of Administvafor arranging the take over of the acquired property and to carry out such other duties as may be assigned to them by the Government for carrying out the purposes of this Act.