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KARNATAKA CONTRACT CARRIAGES (ACQUISITION) ACT, 1976
KARNATAKA CONTRACT CARRIAGES (ACQUISITION) ACT, 1976
21 of 1976
18th DECEMBER, 1990
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 21 OF 1976] Karnataka Gazette, Extraordinary, dated 21-2-1976 A large number of contract carriages were being operated in the State to the detriment of public interest and were also functioning stealthily as stage carriages. This had to be prevented. Article 39(b) and (c) enjoins upon the State to see that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth to the common detriment. In view of "the aforesaid it was considered necessary to acquire the contract carriages run by private operators. Accordingly the Karnataka Contract Carriages (Acquisition) Ordinance, 1976 was promulgated. The Bill seeks to replace the Ordinance.
An Act to provide for the acquisition of contract carriages and for matters incidental, ancillary or subservient thereto. Whereas, contract carriages and certain other categories of public service vehicles are being operated in the State in a manner highly detrimental and prejudicial to public interest; And whereas, with a view to prevent such misuse and also to provide better facilities for the transport of passengers by road and to give effect to the policy of the State towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; And whereas, for the aforesaid purposes it is considered necessary to provide for the acquisition of contract carriages and certain other categories of public service vehicles in the State and for matters incidental, ancillary or subservient thereto; Be it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Contract Carriages (Acquisition) Act, 1976.
(2) It extends to the whole of the State of Karnataka.
(3) It shall be deemed to have come into force on the Thirtieth day of January, 1976.
Section2 Declaration
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution of India and the acquisition therefor of the contract carriages and other property referred to in Section 4.
Section3 Definitions
In this Act, unless the context otherwise requires.
(a) "Acquired Property" means the vehicles and other property vesting in the State Government under Section 4;
(b) "Administrator" means an administrator appointed under Section 17;
(c) "Amount" means the amount payable under this Act for the acquisition of the acquired property;
(d) "Arbitrator" means an arbitrator appointed under Section 6;
(e) "Authorised Officer" means an authorised officer appointed under Section 18;
(f) "Award" means any award of an arbitrator appointed under Section 6;
(h) "Contract Carriage Operator" means an operator holding one or more contract carriage permit and includes any person in whose name a public service vehicle is registered and is specified as a contract carriage in the certificate of registration of such vehicle;
(i) "Corporation" means the Karnataka State Road Transport Corporation established under the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950);
(j) "Motor Vehicles Act" means the Motor Vehicles Act, 1939 (Central Act IV of 1939);
(k) "Notified date" in respect of any contract carriage operator means the date specified in the notification issued under subsection (1) of Section 4 in respect of such contract carriage operator;
(l) "Operator" means a contract carriage operator;
(m) "Permit" means the permit granted under the Motor Vehicles Act, authorising the use of a vehicle as a contract carriage;
(n) "Person Interested" in relation to any acquired property includes the contract carriage operator and any secured creditor or financier under a hire purchase agreement, who has a charge, lien or any interest in the acquired property and any other person who is affected by the vesting of the acquired property and claiming or entitled to claim an interest in the amount;
(o) words and expressions used herein and not defined but defined in the Motor Vehicle Act shall have the meanings respectively assigned to them in that Act.
Section4 Vesting of contract carriages, etc.
(3) The contract carriage and other property vesting in the State Government under sub-section (1) and sub-section (2) shall, with effect on and from the notified date, be deemed to have been acquired for a public purpose.
Section5 Operators to furnish particulars
(2) The contract carriage operator shall not destroy any such documents as is referred to in clauses (i) and (iii) of sub-section (1) but shall hand over to the State Government or any officer authorised by it in this behalf on the notified date all such documents and also such other documents as are necessary for ascertaining the terms of employment of the persons referred to in sub-section (3) of Section 19 and for determining the amount under this Act.
Section6 Determination of the amount
(2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before him and by whom and in what proportions such amount is to be paid.
Section7 Notice to be given to all persons interested
Reasonable notice in respect of the amount determined under Section 6 shall be given to all the persons interested.
Section8 Claims for the amount
(1) Any person interested claiming any amount determined under Section 6 may within sixty days from the date of receipt of any notice given under Section 7 or within such further time not exceeding thirty days as the authorised officer may in his discretion allow, prefer the claim before the authorised officer in such form and containing such particulars as may be prescribed.
(2) The authorised officer shall forward the claim made under sub-section (1) to the State Government for the payment of the amount to the person interested in the manner specified under Section 11.
Section9 Amount to be substituted security in certain cases
Any debt, mortgage, charge or other encumbrance or lien, trust or similar obligation or any attachment, decree or order of any Court attaching to the acquired property shall attach to the amount in substitution for the acquired property.
Section10 Amount liable to deduction in certain cases
(1) The Employees' Provident Fund Commissioner or the Employees' State Insurance Corporation may send to the administrator or the arbitrator a certificate in respect of either the employer's contribution or the employee's contribution realised by the employer or any other dues recoverable from the employer under the Employees' Provident Funds and Family Pension 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 19, that the employer may have failed to pay in accordance with either of those Acts.
(4) The claims made under sub-section (1) or sub-section (2) and any dispute regarding the sum to be deducted under sub-section (3) shall be decided by the arbitrator who shall follow such procedures as may be prescribed.
Section11 Manner of payment of amount for the acquired property
(2) The first of the annual instalments referred to in clause (b) of sub-section (1) shall be paid within sixty days from the date of the agreement or award, as the case may be, referred to in Section 6.
(3) The payment of any amount to an operator under sub-sections (1) and (2), shall be subject to production of Income Tax Clearance Certificate.
(4) The amount deducted under clause (iii) of sub-section (3) of Section 10 shall be paid in cash in one lumpsum to the secured creditors with interest at the rate of twelve per cent per annum from the date of vesting of the acquired property in the Government to the date of payment and on such payment, the secured creditor shall have no right to claim from the contract carriage operator any more amount by way of interest on such amount.
(5) Notwithstanding anything contained in the foregoing sub-section, but subject to the determination of the amount under Section 6, a secured creditor may, if he executes a bond in the prescribed form, and as an interim payment, be paid such sum as the Government may consider to be the probable compensation
Section12 Appeals from awards in respect of amount
Any person aggrieved by an award may, within thirty days from the date of such award, prefer an appeal to the High Court:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Section13 Arbitrator and authorised officer to have certain powers of Civil Court
The arbitrator while holding arbitration proceedings under this Act and the authorised officer while deciding a dispute under Section 18 shall have all the powers of a Civil Court while trying a suit under the Code 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 discovery and production of any document or other material object which is produceable as evidence;
(c) reception of evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any Court or office;
(e) issuing commissions for the examination of or documents;
(f) such other matters as may be prescribed.
Section14 Fresh permit or renewal of the existing Permit barred
Except as otherwise provided in this Act.
(1) no person shall on or after the commencement of this Act apply for any permit or fresh permit or for renewal of an existing permit for the running of any contract carriage in the State; and
(2) every application for the grant of a permit or fresh permit or for the renewal of the existing permit and all appeals or revisions arising therefrom relating thereto made or preferred before the commencement of this Act and pending in any Court or with any officer, authority or Tribunal constituted under the Motor Vehicles Act shall abate.
Section15 Transfer prohibited
No person shall on or after the commencement of this Act and before the notified date transfer by way of sale or gift; any contract carriage liable to be acquired under this Act except in favour of the State Government or the Corporation, or alter, add or remove any part, fitting or accessory. Where any transfer is made by way of sale in favour of the State Government or the Corporation, the price to be paid shall be calculated in accordance with the principles for determining the amount under this Act for such property acquired under this Act.
Section16 Transfer to be void
Every transfer of any contract carriage liable to be acquired under this Act in contravention of Section 15 shall be void.
Section17 Administrators
The State Government may appoint such number of officers as may be considered necessary as administrators to take over the acquired property and to carry out such other duties as may be assigned to them by the State Government for carrying out the purposes of this Act.
Section18 Appointment of authorised officers
(1) The State Government may appoint such number of officers as may be considered necessary and possessing such qualifications as may be prescribed as authorised officers for the purposes of this Act.
(2) If any dispute arises as to whether any property referred to in sub-section (2) of Section 4 was on the notified date being used for the maintenance or repair of or otherwise in connection with the service of the contract carriages, such dispute shall be decided by the authorised officer in accordance with such procedure as may be prescribed.
Section19 Transfer of acquired property to the Corporation
(1) The State Government shall, as soon as may be after the vesting of the acquired property under Section 4, by order transfer the whole of the said property in favour of the corporation.
(2)Where in pursuance of sub-section (1) any contract carriage is transferred to the corporation the permit if any, in respect of such contract carriage shall, notwithstanding anything in the Motor Vehicles Act, be deemed to have been transferred in favour of the corporation and such permits shall be valid for the unexpired period there of. After expiry of the period, the corporation shall be exclusively entitled to the renewal of the permit and an application for the renewal may be made by the corporation at any time before the expiry of the said permit and the period specified in clause (a) of sub-section (2) of Section 58 of the Motor Vehicles Act shall not apply to such application.
(4) If any question arises as to whether any person referred to in sub-section (3) was exclusively employed in connection with the acquired property immediately before the notified date, it shall be decided by the authorised officer and an appeal shall lie to the State Government against such decision within such time as may be prescribed.
(5) For the persons who immediately before the notified date were trustees for any pension, provident fund, gratuity or other like fund constituted for the persons referred to in sub-section (3), other than trustees nominated by or under any law, there shall be substituted. as trustees, such persons as the State Government may by general or special order specify.
(7) The transfer of an employee to the corporation under sub-section (3) shall not entitle any such employee to any compensation and no such claim shall be entertained by any Court, Tribunal or other authority.
(8) Save as otherwise provided in sub-section (3), the services of every person other than the persons referred to in sub-section (3) employed in connection with the acquired property immediately before the notified date shall stand terminated on and from the notified date and if any such person whose services are so terminated is entitled to any payment by way of gratuity or retirement benefit or for any leave not availed of, or for any other benefits, such person may enforce his claim against his employer under whom he was employed in connection with the acquired property immediately before the notified date but not against the corporation.
Section20 Corporation to have exclusive privilege of running any contract carriage
Notwithstanding anything in the Motor Vehicles Act, with effect on and from the notified date.
(2) the corporation shall be entitled, subject to the provisions of Section 24, to the grant or renewal of contract carriage permits to the exclusion of all other persons; and
(3) no officer or authority shall invite any application or entertain any such application of persons other than the corporation for the grant of permit for the running of any contract carriage.
Section21 Power to obtain information
The State Government may, with a view to carrying out the proposes of this Act, by order, require any person to furnish to such officer as may be specified in the order, such information in his possession as may be specified relating to any contract carriage or other property which is acquired or is liable to be acquired under this Act.
Section22 Power to enter and inspect
Any officer empowered in this behalf by the State Government by general or special order may enter any premises and inspect the acquired property with a view to carrying out the purposes of this Act.
Section23 Services of orders and notices
(2) Where the ownership of the acquired property is in dispute or where the persons interested in the said property are not readily traceable and the order or notice cannot be served without un due delay, the order or notice may be served by publishing it in the official Gazette and, where possible, by affixing a copy thereof on any conspicuous part of the acquired property or the premises where the acquired property was ordinarily kept before the date of vesting.
Section24 Exemptions
Nothing contained in this Act shall apply to.
(i) any contract carriage owned, held or operated by the Central Government or any State Government or any company or other authority owned or controlled by the Central Government or any State Government;
(ii) any contract carriage owned, held or operated by or for the benefit of such institution as the State Government may for such period and subject to such terms and conditions approve;
(iii) any contract carriage owned, held or operated under permit issued by any officer or authority situate outside the State and who or which is not under the control of the State Government but subject to such conditions as the State Government may notify.
(iv) any public service vehicle including any vehicle covered by permit issued under Section 72 (including reserved stage carriages) or under sub-section (9) of Section 88 of the Motor Vehicles Act, 1988, to which a permit under sub-section (8) of Section 88 of the said, Act is issued.
Section25 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the State 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.
Section26 Bar of jurisdiction of Civil Courts
Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any matter which the State Government or an arbitrator or 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.
Section27 Penalty
Whoever contravenes any provision of this Act or any rule or order made or direction given under this 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.
Section28 Certain persons to be public servants
Every arbitrator, administrator, authorised officer and every other officer empowered by the State Government, 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 Indian Penal Code (Central Act XLV of 1860).
Section29 Overriding effect
Save as otherwise provided in this Act, the provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Motor Vehicles Act or in any other law for the time being in force. Any proceeding under Chapter IV of the Motor Vehicles Act which is pending on the date of commencement of this Act shall abate.
Section30 Power to make rules
(1) The State Government may make rules for carrying out the purposes of this Act.
(3) All rules made under this Act shall be published in the official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are 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 State Legislature, and if, before the expiry of the session in which it is so placed 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 or be of no 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.
Section31 Repeal of Karnataka Ordinance No.7 of 1976
(1) The Karnataka Contract Carriages (Acquisition) Ordinance, 1976 (Karnataka Ordinance No. 7 of 1976) is hereby repealed.
SCHEDULE 1 PRINCIPLES FOR DETERMINATION OF THE AMOUNT
SCHEDULESCHEDULE
[See Section 6]
PRINCIPLES FOR DETERMINATION OF THE AMOUNT
...1. (1) In respect of any contract carriage taken over by the State Government, there shall be first determined the acquisition cost of such contract carriage and for any contract carriage registered within the period mentioned in column (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.
TABLE
Period
Percentage
(1)
(2)
1.
Not more than six months prior to the notified date
85
2.
More than six months prior to the notified date but not exceeding one year
75
3.
More than one year but not exceeding two years
70
4.
More than two years but not exceeding three years
68
5.
More than three years but not exceeding four years
67
6.
More than four years but not exceeding five years
662/3
7.
More than five years but not exceeding six years
59
8.
More than six years but not exceeding seven years
41
9.
More than seven years but not exceeding eight years
29
10.
More than eight years but not exceeding nine years
21
11.
More than nine years but not exceeding ten years
14
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 twelve years but not exceeding thirteen years
5
15.
More than thirteen years
4
...Explanation.For the purpose of this paragraph "acquisition cost" shall be the aggregate cost of the chassis as well as the body of the contract carriage as charged by the manufacturer of chassis and by the body builder.
...(2) If, in the opinion of the authorised officer, any contract carriage taken over is not road-worthy, such amount as may be determined by him being the cost likely to be incurred in making the contract carriage road-worthy, shall be deducted from the amount payable for such carriage.
...2. In respect of instruments, machinery, tools, plants, apparatus and other equipments other than stores referred to in clause (i) of sub-section (2) of Section 4, the amount to be paid shall be the assessed market value.
...Explanation.For the purpose of this paragraph, "assessed market value" 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 assessors, one each nominated in this behalf by the State 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 value of the land fixed by the Deputy Commissioner 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 the market value of the building as estimated by an officer not below the rank of an Executive Engineer of the Public Works Development of the State Government.
...5. In respect of workshops, the amount to be 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 contract carriage the amount to be paid shall be the book value of such stores.
...Explanation.For the purpose of this paragraph "book value" shall
mean the value on the date immediately preceding the notified date as shown in the last balance sheet by the 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 State Government and the person inserted and in case of any disagreement between the assessors, such value as 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 every complete
month, or part of a month exceeding fifteen days of the unexpired period of the permit:
Provided that the amount payable under this paragraph shall in no case be less than four hundred rupees.
RULE
KARNATAKA CONTRACT CARRIAGES (ACQUISITION) RULES, 1978
In exercise of the powers conferred by Section 30 of the Karnataka Contract Carriages (Acquisition) Act, 1976 (Karnataka Act 21 of 1976), the Government of JCarnataka hereby makes the following rules namely.
Rule1 Short title and commencement
(1) These rules may be called the Karnataka Contract Carriages (Acquisition) Rules, 1978.
(2) They shall come info force at once.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Contract Carriages (Acquisition) Act, 1976 (Karnataka Act 21 of 1976);
(b) "Agent or representative of operator" means a person holding a power of attorney authorising him to act on behalf of the operator; or an agent or representative empowered by written authority signed by the operator;
(c) "Form" means a form appended to these rules;
(d) "Section" means a section of the Act.
Rule3 Powers of the 2Administrators
x x x x
Rule4 Qualification for appointment of Authorised Officers
A person shall not be qualified for appointment as Authorised Officer unless he possesses a degree of University established by law in India or equivalent qualification and holds a post of Class I Senior scale under the State Government.
Rule5 Powers of the Authorised Officers and Arbitrators
Every Authorised Officer, Arbitrator and person appointed to assist the Arbitrators shall have the powers conferred on the administrators under Rule 3 except the power specified in clause (a) of the said rule.
Rule6 Legal Practitioner or 1authorised agent to appear before proceedings
In all proceedings before the Administrator, Authorised Officer, Arbitrator or the State Government all parties to such proceedings shall be entitled to be represented by a legal practitioner or by a duly authorised agent or representative to appear and plead on their behalf.
Rule7 Operator to furnish complete inventory of properties which vest in Government
Every operator shall prepare and hand over to the Government or to such officer as the State Government may by general or special order specify a complete inventory in Form I of the properties which vest in the Government. In drawing up the inventory all deficiencies and shortage due to theft or loss or major defects in the properties shall be clearly indicated by the operator in the said form.
Rule8 Checking of inventory
(1) The administrator shall arrange for the checking and taking over of the assets of the operator which vest in the State Government.
(2) Every operator or his agent or representative, as the case may be, shall give the administrator and his officers and officials all facilities for checking (inclusive of physical checking where necessary) the inventory and their acquisition cost or book value.
Rule9 Attestation of defects, shortages and losses found during checking
If the Administrator or any of his officers or officials notice any discrepancy or defect during checking he shall record them and get them attested by the operator or his representative or agent, as the case may be. If such operator or his representative or agent refuses to do so, or is absent, the absence being not occasional by reasonable cause, the administrator or the officer or official shall note such fact.
Rule10 Alteration or removal of assets prohibited
Every operator or his representative or agent, as the case may be, shall ensure that the assets vesting in the State Government shall not be removed or tampered or dealt with in any manner until such assets are delivered to the State Government. Where, however, the alteration or removal of the assets becomes necessary, it shall be done only after obtaining the permission in writing of the administrator.
Rule11 Form for claiming amount by person interested
Every claim under sub-section (1) of Section 8 shall be in Form 2 and shall contain the following particulars namely.
(a) Registration number of the vehicle;
(b) Original cost of acquisition of the vehicle;
(c) Details of depreciation, if any, claimed for income-tax purpose;
(d) Whether the vehicle was involved in accident or has suffered any damage, if so, give details; and
(e) Names of persons who have a claim for the amount.
Rule11A Non-production of 1vouchers by the claimants in determination of compensation
Where a claimant has failed to produce any document or voucher relevant to the Vehicle acquired and substantiate his claim for compensation, the Authorised Officer may proceed with the materials available on record in determination of compensation on such vehicle.
Rule12 Arbitration Proceedings
(2) Every Arbitrator shall take down the evidence of each witness, not ordinarily in the form of question and answer, but in that of a narrative and shall sign it and get it attested by the witness.
(3) Where, before an Arbitrator is unable to finish the arbitration proceeding and make his award, a new Arbitrator is appointed, the new arbitrator may deal with the evidence taken down by his predecessor as if such evidence had been taken down by him and may proceed with the arbitration proceedings from the stage at which his predecessor left it.
(4) The costs of arbitration and award shall be in the discretion of the arbitrator who may direct to and by whom, and in what manner, they or any part thereof shall be paid.
Rule13 Summoning of persons and witnesses and production of documents
Every order under Section 13 summoning and enforcing the attendance of any person and examining him on oath or requiring the discovery and production of any document shall be issued in Form 3. Every order requisitioning public records from any Court of office shall be issued in Form 4. Every order issuing commissions for examination of witnesses shall be in Form 5.
Rule14 Contents of Appeal
(2) Every appeal shall be accompanied by a certified copy of the decision in respect of which the appeal is filed.
(3) Every such appeal shall be affixed with a Court fee stamp of, Rupees ten.
(4) The affidavit referred to in sub-rule (1) shall set forth the cause title of the appeal and shall describe every person making affidavit in such a manner as will be sufficient to identify him clearly.
(5) The affidavit shall be confined to statements of fact and avoid argument and when it contains statements of facts not within the declarants personal knowledge but based on information received by the declarant, he shall state so and that he believes them to be true and also give the source of such information wherever possible and ground of his belief, if any.
Rule15 Intimation of transfer of contract carriages and their permits to the Corporation to the authority which issued the permit for registration in its records
In respect of contract carriages transferred to the Corporation under Section 20, the Corporation shall intimate such transfer to the authority which issued the permit. In respect of such intimation, the said authority shall make necessary entries in its records and intimate the parties to the transfer and to the authority, if any, which countersigned the permits, the entries so made within fifteen days, from the date of receipt of the intimation.
Rule16 Repeal and Savings
The Karnataka Contract Carriages (Acquisition) Rules, 1976, are hereby repealed:
Provided that such repeal shall not affect the previous operation of the said rules or anything duly done or suffered thereunder.
APPENDIX 1 Form of Statement of Inventory of Property
wether the land owned is private etc.
Registered owner of land (owned/leased) othewr Particulars if anyof the land owned built up area on the land owned/leased details of buildings and their uses. whether buildings are owned by contract carriage operater
(7)
(8)
(9)
(10)
(11)
(12)
Signature of the Contract
..Carriage Operator.
APPENDIX IV
Details of land and/or buildings leased on predominantly used for service of Contract Carriage
SI No
nameof place,town or village
survey number of land leased
extent of land leased
Boundaries of land teased
Registered owner of hte land leased and his address
monthly/annual rent paid for leased land
details of buildings leased and their built up area monthly/annually rent paid for eachof the leased building
North by
South by
East by
West by
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Signature of the Contract Carriage Operator.
APPENDIX V
List of Spares and Stores used for Maintenance of Vehicles
SI. No.
Details of spares/stores
Units
(1)
(2)
(3)
Book value of spares and stores as on Rs.
Signature of the Contract
Carriage Operator.
APPENDIX VI
List of Machinery, Tools, Plants, Apparatus and Instruments used in connection with service of Contract Carriage
SI.
No.
Details of machinery tools, plants, apparatus and instruments
Units
Date of acquisition
Acquisition Cost
(1)
(2)
(3)
(4)
(5)
Rs.
Total of acquisition cost:
Signature of the Contract
...Carriage Operator.
APPENDIX 2 FORM
FORM 2
[See
Rule 11]
To
Shri.................................................
(Authorised Officer).
I,..............................................
son/daughter/wife of.............................................
year about......................................................
....... geys, residing at................................................
being.......................................................... being a person
interested in the amount determined under Section 6 of the
Karnataka Contract Carriage (Acquisition) Act, 1976 (Karnataka Act 21 of 1976) hereby prefer my claim in the amount as follows.
2. In this paragraph the person interested should furnish the complete details of his/her claim.
3. I enclose herewith the following documents in original in support of my claim.
(here furnish details of the documents enclosed)
Yours faithfully,
Signature of the person interested.
APPENDIX 3 Summons to Witness
FORM 3
[See
Rule 13]
Summons to Witness Case No.......of 197
In the office of Proposed fixation of compensation in respect of
To
.
..
.
Whereas, your attendance is required to give evidence/produce the documents described in the list enclosed in the above case, you are hereby required (personally) to appear before the undersigned on the.........................day of.....................at........O'Clock in the
forenoon/afternoon and to bring with you (or to send to this Office said documents).
In case you fail to comply with this order without lawful excuse, you will be subject to the consequence of non-attendance laid down in the Rule 12 of Order XVI of Code of Civil Procedure, 1908.
Given under my hand this day of..........197...
Arbitrator/Authorised Officer.
(Seal)
APPENDIX 4 Requisition of Public Record
FORM 4
[See Rule 13]
Requisition of Public Record
To
.
.
.
Please arrange to send per bearer/through your representative on......
..... .the public record(s) mentioned below for my examination in connection with the proposed fixation of amount in respect of Given under my hand, this day of.........197...
Details of records.
1.
2.
Arbitrator/Authorised Officer.
(Seal)
APPENDIX 5 Form of Commission
FORM 5
[See Rule 13]
Form of Commission
(In the matter of.................................................)
It is ordered as follows.
1. A Commission may issue direction to.............of...............
for the examination upon interrogatories or viva voce before the aforesaid Commissioner of the following witnesses.
(1)
(2)
(3)
2. In tjie event of any witness
on his examination, cross-examination or re-examination producing any book,
document letter paper or writing, and refusing for good cause to be stated in
his deposition, to part with the original thereof, then a copy thereof, or
extract therefrom certified by the Commissioner to be a true and correct copy
or extract shall be annexed to the witnesses' deposition.
3. Each witness to be examined under the Commission shall be examined on oath, affirmation or otherwise in accordance with his religion by or before the said Commissioner.
4, The deposition to be taken under and by virtue of the said Commissioner.
5. The interrogatories, cross-interrogatories and deposition together with any documents referred to therein or certified copies thereof or extracts therefrom shall be sent to the arbitrator on or before the............day...............................or such further or other
day as may be ordered by registered post.
Dated
this..........................day......................197.
Arbitrator/Authorised Officer.
