Private Omnibus Services Act 1983

This Act may be cited as the Private Omnibus

Services Act, No. 44 of 1983, and shall come into opera-tion on such date (hereinafter referred to as the “ appointed date”)as may be appointed by the Minister by Order pub-lished in the Gazette.

There shall be appointed a person to be or to act as the Director of Private Omnibus Transport (hereinafter referred to as “the Director”), who shall be in charge of the general administration of this Act.

There shall be appointed such number of Deputy

Any power, duty or function of the Director under this Act may be exercised, performed or discharged by any

No person, other than a Regional Transport Board as provided for in the Transport Board Law, No, 19 of 1978, shall use on or after the appointed date an omnibus for the purpose of a regular service for the carriage of passengers for fee or reward except under the authority of a stage carriage permit granted by the Director under this Act and for the time being in force,

A stage carriage permit issued under this Act shall entitle the holder thereof to use an omnibus of which he is the registered owner for the operation of a regular service for the carriage of persons on the route or routes sgtcified in such permit in accordance with the conditions attrched thereto.

A TATTE .19, 415 (83/80)

Every application for a stage carriage permit cornacee under this Act shall be made by the registered owner of the omnibus in respect of which the application is made to the Director in such form as may be prescribed.

Every applicant for a stage carriage permit shall, together with his application made under subsection (1), submit a statement in such form as may be prescribed containing—

Subject to the provisions of subsection (2), the

The Director, in exercising his discretion in regard to the grant or refusal to grant a stage carriage permit or to grant a renewal thereof and to the route or routes in respect of which permits may be granted, shall have regard prima-rily to the interests of the public generally, including those of persons requiring, as well as those of persons providing, facilities for the transport of passengers for fee or reward and shall, in particular, have regard in using such discretion, to the following matters :—

No stage carriage permit shall be issued by the

Every stage carriage permit shall—

Conditions regulations made thereunder, every stage carriage permit to be 4

issued under this Act shall have attached thereto all such to permite conditions as may be determined by the Director, for secur-ing the safety and convenience of the public, including con-ditions requiring—

that the fares to be charged shall be such as may be specified by the Director

that the omnibus used under the authority of the permit shall be operated on such route or routes specified in the permit

The Director may, at the time of the grant of a stage carriage permit under this Act, specify therein, by reference to its distinctive number and such other particulars as he may consider necessary, the omnibus the use of which ic authorized by the permit.

The Director may issue to any person to whom a stage carriage permit has been granted under this Act, any such directions as he may think necessary for the purpose of making such person comply with the provisions of this

Act or any regulations made thereunder, and the person to whom any such directions are issued shall comply with such directions within such time as shall be specified in such directions.

No satge carriage permit issued under this Act to any person shall be transferable to any other person, and accord-ingly any such transfer shall be null and void.

The holder of a stage carriage permit shall, within thirty days of any change in the particulars stated in his application for a stage carriage permit, inform the Director in writing cf such change,

The Director may renew any stage carriage permit issued under this Act, for a period of one year, on appli-cation made to him by the holder of such permit from the date of expiry of the permit if—

the Director is satisfied that the holder of the stage carriage perrait has observed the provisions of this

the holder of the stage carriage permit pays the pres-cribed fee for the renewal of the permit,

The Director may cancel any stage carriage permit if he is satisfied that the holder of the permit—

The cancellation of a permit under subsection (1)

~ Director to communicate his decision to applicant or holder of permit together with his reasons therefor

Where the Director decides to refuse the grant or renewal of a stage carriage permit, or cancel a permit, he shall communicate in writing to the applicant or the holder of the permit, as the case may be, his decision together with the reasons therefor.

The applicant for, or the holder of, a stage carriage permit who is aggrieved by a decision of the

The Secretary may on any appeal under subsection

The Director shall comply with any direction issued to him under subsection (2).

Every stage carriage permit issued under this Act shall be conspicuously displayed on the windscreen of the omnibus in respect of which the permit has been issued.

The Director shall, in the exercise of his powers and the discharge of his duties under this Act, be subject to the general direction of the Minister.

The Director may give notice in writing to any person who is the holder of a stage carriage permit issued under this Act, requiring him to furnish within the time specified in such notice any return, information, or explana-tion as the Director may require for the purpose of exercising his powers and discharging his duties under this

Act, and it shall be the duty of such person to comply with the requirements of such notice.

The Minister shall, as soon as may be after the appointed date, by Order published in the Gazette—

Every District Association constituted under sub-section (1) shall be a body corporate with perpetual succession and a common seal and may sue and be sued by such name as is assigned to it by the Order constituting such Association.

Every peron who is the holder of a stage carriage permit issued under this Act (hereinafter referred to as a

The functions of a District Association shall be—

to ensure that the regular omnibus services provided in the district by the members of the Association are such that they meet the transportation require-ments of the public ;

to lay down omnibus schedules and enforce their implementation ;

to ensure the safety and comfort of passengers and the efficiency of the services provided

to appoint stand keepers, checkers and other staff as are necessary and to handle all disciplinary matters relating to them;

to pay stand fees and other charges on behalf of members

to make such levies as are necessary from members for the proper functioning of the Association

to recommend to the Director through the Federation changes in route permits where necessary

to liase and co-ordinate with other District Associa-tions and the Federation with a view to ensure equitable return time schedules and loads.

Every District Association shall elect from

Every District Association shall, after the election of the Committee of Management, elect one member from among the Committee of Management to be its nominee to the Federation of Private Omnibus Operators’ Associations.

The term of office of the Committee of Management of a District Association shall be one year.

There shall be established a Federation which shall be called the Federation of Private Omnibus

The Federation shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

The seal of the Federation—

The Functions of the Federation shall be—

to co-ordinate the activities of the District Associa-tions ;

to resolve disputes and disagreements referred to the

to recommend to the Director changes of route permits as are deemed to be necessary ;

to assess the transport needs of all areas in the country and to ensure that all areas are adequately.

to make representations to the Minister and the

The affairs of the Federation shall be adminis-.

Subject to the provisions of this Act and any other written law, the Committee of Management of a District.

Association or the Executive Committee of the Federation, shall, on behalf of a District Association or the Federation, have the power to do, perform and execute all such acts, matters and things whatsoever as are necessary or desirable:

for the performance of the functions of a District Associa-tion or the Federation, as the case may be.

Regulations may be made under this Act in regard.

to the procedure for the election of the Committees of

Management of District Associations and the Executive

Committee of the Federation and in respect of the conven-ing of meetings of District Association s and their

Committees of Management, and the Federation and its

Executive Committee, and the transaction of business thereat. Subject to any such regulations, the District.

Association, Federation or Committee may regulate its own procedure,

The local authority for any urban area may provide one or more public stands within that area for the exclusive use of private omnibuses.

Regulations may be made empowering the Director in any case where he is satisfied that the provision for:

for any urban area is unsatisfactory to make, with the approval of the local authority and in consultation with the Commissioner of Motor Traffic, such provision as he may deem necessary for the establishment and maintenance of public stands within that area in accordance with regulations so made,

The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all or any of the following matters :—

Every regulation made under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

Every regulation made under subsection (1) shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval and any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder.

The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

Any person who acts in contravention of any provi-sion of this Act or any regulation made thereunder, or furnishes any return, written information or written expla-nation containing ay particulars which to his knowledge are false or incorrect, shall be guilty of an offence under this Act.

Every person who is guilty of an offence under this

Act shall, on conviction after summary trial before a Magis-trate, be liable to a fine not exceeding five thousand rupees or to imprisonment of either description for a period not exceeding one year, or to both such fine and imprisonment.

Where an offence under this Act is committed by a body of persons, then—

if that body of persons is a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of that body corporate; or

if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of the firm, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and all the circumstances.

The Motor Traffic Act is hereby amended as follows :—

in section 28 thereof, by the repeal of subsection (1)

in section 46 thereof, by the repeal of subsection (1)

by the repeal of section 2398 thereof, and the substi-tution therefor, of the following section :—

Notwithstanding the provisions of this Act or any other written law, every permit authorizing the use by any person of an omnibus for the purpose of the operation of a regular omnibus service for the carriage of passengers for fee or reward, issued prior to the appointed date by the

Where any such permit as is referred to in sub-section (1) is due to expire on any date after the appointed date, such permit shall, unless it is cancelled earlier, be deemed for the purposes of this Act to be a stage carriage permit issued under this Act by the Director of Private

“Jocal authority” means any Municipal Council, Urban

Council, Town Council or Village Council and includes any Authority created and established by or under any law to exercise, perform and dis-charge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such

Council

;

“ omnibus” shall have the same meaning as in the Motor

Traffic Act

;

“ passenger ” shall have the same meaning as in the Motor

Traffic Act;

“ prescribed ” means prescribed by regulation made under this Act.

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Annual subscription of Bills and Laws of the Parliament Rs. 150 (Local),

Rs. £00 (Foreign), payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS

Bouretu, P. O. Box 500, CoLompo 1, before 15th December each year in respect of the year following.

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