(1) No suit, prosecution or other legal proceeding Protection of shall lie against any person for anything which is in good action taken in faith done or intended to be done in pursuance of this good faith- Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government, the administrator or any other officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
28. Save as otherwise expressly provided in this Act, of jUrisdicno civil court shall have jurisdiction in respect of any tion civil matter which the Government are, or an arbitrator or courts.
authorised officer is, empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
29. Whoever contravenes any provision of this Act Penalty for or any rule or order made or direction given under this offences., Act, or obstructs the lawful exercise of any power conferred by or under this Act, shall be punishable with fine, which may extend to two thousand rupees.
30. Every arbitrator, administrator, authorised officer Certain P r s o p and every other oEcer empowered by the Government, :zr:zE+ while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indiaa Penal Code (Central Act XLV of 1860).
31. Save as otherwise provided in this Act, the pro- Act to override visions of this Act shall have effect notwithstanding any- other iaws, etc, thing inconsistent therewith contained in the Motor Vehicles Act or in any other law for the time being in force, 1 , .
250 Stage ~arrtages and [I973 : T.N. Act 12 Contract Carriages (Acquisitzon) Power to make 32. (1) The Government may make rules for carrying . rules. out the purposes of this Act.
(2) In particular, and without pbejudice Lo the generality of the foregoing power, such ~ules may provide for all or any of the followillg matters, namely :-
(a) the procedure to be followed in arbitration proceedings and appeslls undei this Act ;
(b) the principles to be followed in apportionillg the cost of pro( eedings before the arbitrat~r a d an appeal under this Act ;
(c) the manner of service of notices and orders ;
(d) any other matte1 which has to be, or may be, prescribed. I
(3) All rules made under this A;; shall be published in the Tamil Nadu Government Gazette and unless they axe expressed to come into force on a particular day,. shall come into fcrce c n the day cn which they are so published.
(4) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so plaocd or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form 01 be of iio effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Repeal of 33. (1) The Tamil Nadu Stage Carriages and Contract Tamil Nadc Carriages (Acquisition) Ordinance, 1973 (Tamil Nadu Ordinance , 1 of ordinance 1 of 1973), is hereby repealed. 1973.
(2) Notwithstanding such lepeal anything done or any action taken under the said Ordinance including any orders passed, notification issued, rulcs and appointments made shall in so far as they are not inconsistent with this Act be deemed to have been donc or taken under this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.
1 ' iH3 : T.N. Act 124 Stage Carriages'od Conboci 'zsf Carriages (Acquisition) THE FIRST SCHEDULE.
(See section 2.)
STATEMENT SHOWING THE TOTAL NUMBER OF STAGE CARRIAGES OPERATING IN TAMIL NADU DISTRICTWISE.
Serial number and name of the Total district. number of permits.
(1) (2) 1 The Nilgiris . . . . . . . . . . . . 133 2 Dharmapuri . . . . . . . . . . . . 262 3 Ramanathapuram . . . . . . . . . . . . 423 4 Kanyakumari . . . . . . . . . . . . 439 5 S o ~ t h Al&t . . . . . . . . . . . . 47 1 6 Salem . . . . . . . . . . . . 496 7 Tixunelveli . . . . . . . . . . . . 500 8 Thanjavur . . . . . . . . . . . . 540 i 9 North Arcot . . . . . . . . . . . . 598 10 Tiruchirappa lli . . . . . . . . . . . . 642 1 1 Chingleput . . . . . . . . . . . . 645 12 Madurai . . . . . . . . . . . . 845 13 Coimbatore . . . . . . . . . . . . 1,056 14 Madras City . . . . . . . . ., . e 2,371 I $59 &age &arriages and I [I* :IN. ~ r t LI Contract Carriages (Acquisiti n) THE SECOND SCHEDULE.
(See section 6.)
PRINCIPLES FOR DETERMINING AMOUNT. I
1. (1) In respect of any stage carriage or contract carriage taken over by the Government, there shall be first determined the acquisition cost of such stage carriage or contract carriage and for any stage carriage or contract carriage registered within the period mentioned in cloumn (1) of the Table below prior to the notified date the amount to be paid shall be the percentage mentioned in the corresponding entry in column (2) of that Table of the acquisition cost :- I 1 Not more than six months prior to the notided date . .
2 More than six months prior to the notified date but not exceeding one year . . . . . . . . . .
3 More than one year but not exceeding two years . .
4 More than two years but not exceeding three years . .
5 More than three years but not exceeding four years . .
6 More than four years but not exceeding five years . .
7 More than five years but not exceeding six years . .
8 More than six years but not exceeding seven years . .
9 More than seven years but not exceeding eight years . .
10 More than eight years but not exceeding nine years . .
THE TABLE.
Period.
(1) 11 More than nine years but not exceeding ten years . . 14 Percentage.
(23 12 More than ten years but not exceeding eleven years . . 10 13 More than eleven years but not exceeding twelve years 7 14 More than twtlve years but not exceeding thirteen years 5 15 More than thirteen years . . . .
I * * .. 4
Explanation.-For the purpose of this baragraph, !'acquisition cost" shall be the aggregate cost of the chassis as well as the body of the stage carriage or contract carriage as charged by the manufacturm of chassis and by the body builder. ,
(2) ~ f , in the opinion of the authorised dacer, any stage carriage e r contract carriage so taken over is not road-worthy, such amount as may be determined by him as being the cost likely to be incurred in making the stage caliiage or contract carriage road-worthy, shall be ducted from the amount payable for such carriage.
W13 : T.% .'Act tk21 Stage Carriage8 ld 253 Contract Carriages (Acquisition)
2. In respect of instruments, machinery, tools, plants, apparatus and other equipments other than stores referred to in clause (i) of subsection (2) of section 4, the amount to be paid shall b'e the assessed market value.
Explanation.-For the purpose of this paragraph, "assessed market valuev shall be the value of instruments, machinery, tools, plants, apparatus and other equipments other than stores referred to in clause (i) of sub-section (2) of section 4, as on the notified date determined by two assessdrs, one each nominated in this behalf by the Government and the person interested and in case of any disagreement between the assessors, such value as determined by the arbitrator.
3. In respect of land, the amount to be paid shall be the market v a l u of the land fixed by the Collector of the district in accordance with the Land Acquisition Act, 1894 (Central Act 1 of 1894), without the element of solatium provided in that Act.
4. In respect of buildings, the amount to be paid shall be tho market value of the building as estimated by an officer not below the rank of Executive Engineer of the Public Works Department of the Government.
5. In respect of workshops, the amount to 6e paid shall be the aggregate amount payable under paragraph 2 and the amount payable under paragraphs 3 and 4.
6. (1) In respect of stores used for the maintenance of a stage carriage or contract carriage, the amount to be paid shall be the book value of such stores.
Explanation.-For the purpose of this paragraph, '<book valuew shall mean the value, on the date immediately preceding the notified date as shown in the last balance sheet by the stage carriage operator or contract carriage operator.
(2) Where the book value is not available, the amount to be paid shall be as on the notified date determined by two assessors, one each nominated in this behalf by the Government and the person interested and in case of any disagreement between the assessors, such value a& determined by the arbitrator.
7. In addition to the amount payable under paragraphs 1 to 6, for every permit acquired under this Act, there shall be paid,-
(i) a sum of one hundred rupees, where the unexpired period of the permit is less than fifteen days, and
(ii) in any other case, a sum of two hundred rupees for evev complete month, or part of a month exceeding fifteen days of the ua.
expired period of the permit :
Provided that the amount of Compensation under this paragraph shall, in no case, be less than four hundred rupees.