National Transport Commission (Amendment) Act 2025

This Act may be cited as the National Transport

Commission (Amendment) Act, No. 8 of 2025.

The long title of the National Transport Commission

Act, No. 37 of 1991 (hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the words “PASSENGER TRANSPORTATION BY

OMNIBUS”, of the words “ROAD TRANSPORTATION”.

The Preamble of the principal enactment is hereby amended as follows: -

in paragraph (a) thereof by the substitution for the words “omnibus services”, of the words

by the insertion immediately after paragraph (a)

in paragraph (b) thereof by the substitution for the words “passenger transport by omnibus”, of the words “road transportation”;

in paragraph (d) thereof by the substitution for the words “between providers of such services”, of the words “in each mode of transportation”; and

by the repeal of paragraph (e) thereof and the substitution therefor of the following paragraphs: -

The following new section is hereby inserted immediately after section 1 of the principal enactment and shall have effect as section 1A of that enactment: -

1A. The objects of the Act shall be –

to facilitate omnibus services and transportation services interprovincially;

to monitor omnibus services and transportation services and ensure that standards applicable to such services are met by the transportation service providers;

to stipulate offences that may be committed by the respective transportation service providers and the penal sanctions that may be imposed by the Commission for such offences.”.

Section 8 of the principal enactment is hereby amended as follows: -

by the substitution for the words “advise to the

in paragraph (i) thereof by the substitution for the words “in the specifi ed area;”, of the words “in the specifi ed area and to issue transportation service permits for transportation services other than omnibus services;”;

by the repeal of paragraph (k) thereof and the substitution therefor of the following paragraph:-

by the repeal of paragraph (m) thereof and the substitution therefor of the following paragraph: -

by the addition immediately after paragraph (m)

Section 9 of the principal enactment is hereby amended by the repeal of paragraph (h) thereof and the substitution therefor of the following paragraph: -

“(h) to provide engineering, technical, legal, medical and fi nancial assistance and advice to holders of passenger service permits and transportation service permits, to enable the proper discharge, of their functions relating to the omnibus services and transportation services; and”.

Section 17 of the principal enactment is hereby amended by the substitution for the words “to furnish to the Commission,”, of the words “or a transportation service permit, as the case may be, to furnish to the Commission”.

Section 19 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof by the substitution for the words “within fourteen days” of the words “within thirty days”; and

by the repeal of the marginal note to that section and the substitution of the following marginal note therefor:-

Section 20 of the principal enactment is hereby amended in subsection (2) thereof by the substitution for the words “fourteen days”, of the words “thirty days”.

Section 24 of the principal enactment is hereby repealed and the following section is substituted therefor: -

24. Upon receipt of an application for a passenger service permit, the Commission shall consider the following criteria prior to granting or refusing passenger service permits:-

the demand for omnibus services by the public on the route or routes applied for in the application;

the capability of the applicant to provide an effi cient service, subject to such terms and conditions as may be appropriate;

suitability of the omnibus to undertake the journeys on any assignable route or routes;

sustained fi nancial competence of the applicant, based on a bank statement covering a period of six months immediately preceding the submission of the application, to maintain the omnibus in the manner provided in the Act and the regulations and other written law;

suitability of the facilities afforded to the driver, conductor and passengers including space allocated for goods or baggage.”.

The following new section is hereby inserted immediately after section 24 of the principal enactment and shall have effect as section 24A of that enactment: -

24A. The Commission may, subject to section 18, issue a temporary permit to authorize the operation of an omnibus on such other route or routes and for such period of time as may be determined in accordance with section 24 in order to meet the actual passenger demand and requirement, during a festive season or holiday period and having regard to other social necessities.”.

Section 26 of the principal enactment is hereby amended in paragraph (c) thereof by the substitution for the words “shall be maintained at all times in a fi t and serviceable condition;”, of the words “shall be maintained in compliance with the minimum standards as may be prescribed in accordance with the recommendations of the

Commission for securing the safety and convenience of the public.”.

“Issuing of a temporary permit

Section 28 of the principal enactment is hereby repealed and the following section is substituted therefor: -

28. (1) The holder of a valid passenger service permit may transfer such permit, with the prior approval of the Commission, for the balance period of time specifi ed in such permit. The person to whom the transfer is to be effected shall make an application to the

Commission, within one week of receiving possession of the omnibus, in the form and manner as may be prescribed and on payment of the prescribed fees whether or not the permit has expired.

The Commission shall consider granting or refusing to grant a passenger service permit, subject to section 18 and the procedure and the terms and conditions provided under section 24, or any specifi c criteria prescribed thereon, prior to the grant of or refusal to grant such permit.

Any person who fails to comply with the provisions of this section or any regulation made thereunder shall be guilty of an offence under section 40.”.

Section 30 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof by the substitution for the words “for such period not less than one year and not more than three years calculated from the date of expiry of the permit.”, of the words “for such period not less than one year and not more than

by the insertion immediately after subsection (1) of that section, of the following new subsection: -

in subsection (2) thereof -

Section 33 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof by the substitution for the words “fourteen days”, of the words “thirty days”;

by the repeal of the marginal note to that section and the substitution of the following marginal note therefor:-

The following new Part (sections 34A to 34D) is hereby inserted immediately after section 34 of the principal enactment and shall have effect as PART IIA of that enactment: -

“PART IIA

REGULATION OF TRANSPORTATION SERVICES

OPERATED INTERPROVINCIALLY OTHER THAN

INTERPROVINCIAL OMNIBUS SERVICES

34A. (1) Notwithstanding the operation of PART II pertaining to omnibus services, the Minister may, on the recommendation of the Commission, by Order published in the

Gazette declare offi ce transport services, school transport services and three-wheeler services to be the designated transportation services that could be operated interprovincially. The

Minister may vary, amend or repeal such Order from time to time to declare any other means of transportation as may be necessary to be a mode of service for the purposes of this Part to be operated interprovincially.

(a) Every Order made under subsection (1) shall come into operation on the date of such publication or on such later date as may be specifi ed in the Order.

Every Order made under subsection (1)

The date on which any Order is deemed to be so revoked shall be published in the

(a) Every transportation service provider shall be registered with the Commission and such service provider shall be issued a permit

The procedure for registration and issuing of transportation service permits shall be as prescribed.

A Register shall be maintained by the

Transportation service provider shall not provide transportation services unless registered with the Commission in terms of this section.

The transportation service permit shall be issued or shall not be issued, as the case may be, subject to the terms and conditions of the respective transportation service and the standards of such service required to be maintained by the said permit holder, as may be prescribed from time to time.

Transportation service provider who–

alters the transportation service permit;

produces false documents; or

provides any transportation service through a vehicle that has not been registered under subsection (3), shall be guilty of an offence under this Act.

The Minister may, on the advice of the Commission, categorize the transportation services into classes and from time to time prescribe the standards to be maintained by any such service.

Where the Minister has categorized the transportation services into classes, the

Any person who fails to comply with the provisions of subsection (1) or who displays, a representation so nearly representing the certifi cate in such a manner as to mislead or confuse a third party, shall be guilty of an offence under this Act.

The provisions of section 33 of this Act shall, mutatis mutandis, apply to any appeal under subsection (1).”.

Section 35 of the principal enactment is hereby amended in subsection (2) thereof as follows:-

in paragraph (b) thereof by the substitution for the word “Act.”, of the word “Act;”; and

by the addition immediately after paragraph (b)

Section 37 of the principal enactment is hereby amended by the substitution for the words and fi gures “The provisions of Article 154 of the Constitution”, of the words and fi gures “The provisions of Article 154 of the Constitution and the National Audit Act, No. 19 of 2018”.

The following new section is hereby inserted immediately after section 38 of the principal enactment and shall have effect as section 38A of the principal enactment:-

38A. (1) The transportation service fares for transportation services, including omnibus services, shall be computed by the Commission in accordance with the formula determined by the Commission from time to time in accordance with the national policy relating to transportation fares approved by Parliament, and specifi ed by Order published in the Gazette.

The Commission shall publish the lists of the transportation service fares pertaining to the respective transportation services in the offi cial website of the Commission. Each transportation service provider shall prepare a list of the transportation service fares applicable to his service in accordance with such lists published in such website and such list shall be displayed in a conspicuous place of the transportation vehicle.

The Commission may inspect from time to time, in accordance with the provisions of

The following new sections are hereby inserted immediately after the heading “GENERAL” of the principal enactment and shall have effect as sections 38B, 38C and 38D of that enactment: -

38B. (1) The Commission shall monitor the omnibus services and transportation services -

to ensure a safe, effi cient and effective road transportation service with the assistance of the relevant Government agencies, and call for reports from the said Government agencies -

of the said monitoring activities; and

of any remedial measures taken by the said service providers; and

to assess the effect of sound pollution and other emissions from the vehicles used, with the assistance of the Central

Every permit holder who fails to maintain the vehicle for which a permit has been issued, in accordance with the standards specifi ed under the National Environmental Act, No.

The monitoring procedure by the

There shall be established a training centre for the upliftment of transportation services under the Commission. The purpose of the Centre shall be to enhance the overall capacity of the transportation service providers by affording training opportunities in mechanical skills, road safety emergency measures and road etiquette.

The management of the Centre including the maintenance of records, reporting, fi nancial accountability and monitoring shall be undertaken by the Commission in the manner as prescribed.

The Minister shall prescribe codes of conduct which shall be applicable in respect of interprovincial omnibus services and all or any of the transportation services provided in subsection (1) of section 34A.

The regulations under subsection (1) shall be made only on the advice of the

(a) Where any transportation service provider contravenes or fails to comply with any matter set out in any code of conduct prescribed in terms of subsection (1) or there is a reasonable likelihood of such contravention or non-compliance, the Commission may conduct an inquiry in accordance with the procedure as may be prescribed.

After giving the respective transportation service provider an opportunity to be heard at the inquiry under paragraph (a), the

to cease and refrain from doing an act or omitting to do an act related to the respective code of conduct;

to perform such acts as in the opinion of the Commission are necessary to rectify the situation;

to make a payment of such sum of money as compensation to an aggrieved person who has suffered harm, loss or damage as a result of any contravention by a transportation service provider under paragraph (a) as the

Every directive issued under paragraph (b) shall be in writing and be communicated to the transportation service provider to whom it is directed by registered post, electronic communication or other similar means determined by the Commission. Such directive shall be binding on such transportation service provider who shall comply with such directive from the date of such communication.”.

Section 39 of the principal enactment is hereby repealed and the following section is substituted therefor: -

39. (1) The Commission may issue such general or special directions as it may consider necessary to any person to whom a permit has been issued or renewed under this Act, for the purpose of making such person comply with the provisions of this Act or any regulations made thereunder or with any condition attached to such permit. It shall be the duty of such person to whom such directions are issued to comply with such directions within the time specifi ed in such directions.

For the purposes of subsection (1), an offi cer authorized by the Commission in writing may at any time –

get on board a transportation vehicle to ascertain whether the terms and conditions specifi ed

require the production by the driver of such vehicle, of the certifi cate issued under section 34 or section 34B, as the case may be, or of any other document granted in respect of that vehicle and may, where necessary take into custody such certifi cate, other document or copy thereof.

Any person who is aggrieved by any direction, order or decision of any offi cer authorized by the Commission in terms of subsection (2) may prefer an appeal to the

The provisions of section 33 of this Act shall, mutatis mutandis, apply to an appeal made under subsection (3).”.

The following new section is hereby inserted immediately after section 39 of the principal enactment and shall have effect as section 39A of the principal enactment:-

39A. (1) Where a transportation service provider fails to comply with the provisions of subsection (3) of section 38D, the Commission

“Imposition of penalties shall issue a notice to inform the transportation service provider the penalty to be imposed specifying the reasons for such imposition, after taking into consideration the impact on passengers and the nature and extent of the relevant non-compliance. The Commission shall afford an opportunity for such service provider to make representations in person or in writing within a duration of twenty-one days from the date of receipt of the notice.

Upon the expiry of the time duration specifi ed in subsection (1), the Commission shall make a decision and communicate it to the transportation service provider by issuing a certifi cate under his hand. Such certifi cate may specify a penalty, which shall not exceed a sum of rupees one hundred thousand for each non-compliance, or exempt such service provider from the penalty, as the case may be.

A transportation service provider who has been subjected to a penalty on a previous occasion, subsequently fails to conform to a directive issued under the provisions of subsection (3) of section 38D, in addition to the penalty which may be imposed under subsection (2) shall be liable to the payment of an additional penalty consisting of twice the amount imposed as a penalty under that section for the second and subsequent occasions of non-compliance.

The Commission shall be responsible for the collection of a penalty imposed under this section and the money so collected shall be credited to the Fund of the Commission after deducting such sum of money collected as compensation, if any, payable to the aggrieved person in terms of subparagraph (iii) of paragraph (b) of subsection (3) of section 38D.

(a) If a transportation service provider fails to pay the penalty for which such service provider is liable under this section, the

If a transportation service provider becomes liable to a penalty for three or more occasions within a period of six calendar months, on an application made by the

The imposition of a penalty under this section shall not preclude a relevant regulatory or statutory body from taking any other regulatory measures including, but not limited to, the suspension of such transportation service provider from carrying on the respective transportation service or the cancellation of the licence granted for carrying on such service.

(a) Any transportation service provider who is aggrieved by the imposition of an administrative penalty under this section, may prefer an appeal to the Secretary to the Ministry of the Minister within thirty days from the date on which such administrative penalty was communicated to such aggrieved person.

The provisions of section 33 of this Act shall, mutatis mutandis, apply to an appeal made under paragraph (a).”.

Section 40 of the principal enactment is hereby amended by the repeal of all the words from “to a fi ne not exceeding two hundred thousand rupees” to the end of that section and the substitution therefor of the following words: -

“to a fi ne not less than two hundred and fi fty thousand rupees and not exceeding fi ve hundred thousand rupees or to imprisonment for a period not exceeding fi ve years.”.