NATIONAL TRANSPORT COMMISSION act

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL TRANSPORT COMMISSION

2. National Transport Commission.

3. Members of the Commission.

4. Chairman and the conduct of business.

5. Commission may act despite a vacancy.

6. Remuneration of the members of the Commission.

7. Seal of the Commission.

8. Functions of the Commission.

9. Powers of the Commission.

10. Powers of the Minister in relation to the Commission.

11. Power of the Commission to give directions.

12. Acquisition of immovable property under the Land Acquisition Act for the Commission.

13. State property to be made available to the Commission.

14. Appointment of public officers to the staff of the Commission.

15. Officers and servants of the Commission deemed to be public servants.

16. Commission to be a scheduled institution within the meaning of the Bribery Act.

17. Returns.

PART II

RESTRICTION ON THE GRANT OF PASSENGER SERVICE PERMITS

18. Restriction on grant of passenger service permits.

19. Appeals.

20. Power of Commission to cancel permit issued by Authorised Person.

21. Power of Commission to issue passenger service permit in respect of the specified area.

22. Passenger service permits in specified area.

23. Application for a passenger service permit.

24. Disposal of applications for permits.

25. Duration and fee of Passenger service permit.

26. Conditions to be attached to permits under section 24.

27. Specification of authorised omnibus in permits.

28. Permits not transferable.

29. Holders of permits to inform Commission of any change of particulars.

30. Renewal of permit.

31. Cancellation of permits.

32. Commission to communicate its decision to applicant or holder of permit together with its reasons therefor.

33. Appeals.

34. Certificate to be displayed on the windscreen.

PART III

FINANCE

35. Fund of the Commission.

36. Financial year.

37. Audit.

38. Borrowing powers of the Commission.

PART IV

GENERAL

39. Power of Commission to issue directions to permit holders.

40. Offences.

41. Offences by bodies of persons.

42. Protection of action

43. Failure to discharge functions by Authorised Person.

44. Regulations.

45. Winding up of Peoplised Companies.

46. Provision relating to Central Transport Board and Regional Transport Boards.

46A. Minister may issue directions to amalgamate Peoplised Companies.

46B. Functions of the Registrar of Companies upon receipt of a direction under section 46A.

46C. Allotment of shares in new companies.

46D. Effect of Order made under section 46B.

46E. Section 18 not to apply to new companies.

46F. Commission may give directions to a new company.

46G. Government guarantee.

46H. Restriction on issue of passenger service permits.

47. Amendment to the Motor Traffic Act.

48. Transitional provision.

49. Interpretation.

50. Sinhala text to prevail in case of inconsistency.

SCHEDULES

37 of 1991,

30 of 1996,

27 of 2005,

6 of 2017.

AN ACT to provide for the establishment of a National Transport Commission to advise the government on like national policy relating to passenger transportation by omnibus and the implementation of suck policy; to provide for the reorganisation of passenger transport by omnibus in the public sector; to provide for financial support for certain passenger transport services; to repeal the Private Omnibus Services Act, No. 44 of 1983, to amend the Motor Traffic Act and to provide for matters connected therewith or incidental thereto.

[Date of Commencement 17th September, 1991 ]

1. Short title.

This Act may be cited as the National Transport Commission Act.

PART I

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL TRANSPORT COMMISSION

2. National Transport Commission.

(1) There shall be established, a Commission which shall be called the National Transport Commission (hereinafter in this Act referred to as the “Commission”) which shall consist of the persons who are for the time being members of the Commission under section 3.

(2) The Commission shall in the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

3. Members of the Commission.

(1) The Commission shall consist of—

(a) three ex-officio members, namely—

(i) a senior officer of the Ministry of the Minister, not below the rank of a Senior Assistant Secretary appointed by such Minister;

(ii) a senior officer of the Ministry of the Minister in charge of the subject of Policy Planning, not below the rank of a Director appointed by the Minister in consultation with the Minister in charge of the subject of Policy Planning;

(iii) a senior officer of the Ministry of the Minister in charge of the subject of Finance, not below the rank of a Director appointed by the Minister in consultation with the Minister in charge of the subject of Finance; and

(b) five other members appointed by the Minister with the approval of the Cabinet of Ministers from among persons who have had experience or have qualifications or shown capacity, in the fields of transport, economics, medicine, administration or engineering. A member appointed under this paragraph is hereinafter referred to as an “appointed member”.

(2) A person shall be disqualified from being appointed or from continuing as a member of the Commission if he is or becomes a Member of Parliament or a Member of a Provincial Council,

(3) Where a member of the Commission is by reason of illness, infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the Minister may having regard to the provisions of subsection (1) of this section appoint another person to act in his place.

(4) The Minister may without assigning any reason therefor remove any member of the Commission from office. The removal of any member of the Commission shall not be called in question in any court.

(5) A member of the Commission may resign from the Commission by a letter addressed to the Minister.

(6) Subject to the provisions of subsections (4) and (5) the term, of office of the appointed members of the Commission shall be three years:

Provided that an appointed member of the Commission appointed in place of a member who resigns or is removed or otherwise vacates office, shall, unless he earlier resigns or is removed or otherwise vacates office, hold office for the unexpired part of the term of office of the member whom he succeeds.

(7) Any appointed member of the Commission vacating office by effluxion of time shall be eligible for reappointment.

(8) —

(a) The Minister shall appoint a Chairman of the Commission from among the members of the Commission.

(b) The Chairman may resign from the office of Chairman by a letter addressed to the Minister.

(c) The Minister may without assigning any reason therefor remove the Chairman from office and such removal shall not be questioned in any Court.

(d) Subject to the provisions of paragraphs (b) and (c) of this subsection, the term of office of the Chairman be his period of membership in the Commission.

(9) The Commission may delegate to the Chairman any or all of the powers conferred to imposed on or assigned to the Commission by this Act other than the power conferred on the Commission by this subsection.

4. Chairman and the conduct of business.

(1) The Chairman shall preside at all meetings of the Commission at which he is present. In the absence of the Chairman from any meeting of the Commission the members present at the meeting shall choose from among themselves a Chairman for that meeting.

(2)The quorum for any meeting of the Commission shall be five.

(3)The Chairman at any meeting of the Commission shall have in addition to his vote, a casting vote.

(4) Subject to the other provisions of this Act and any regulation made thereunder, the Commission may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

5. Commission may act despite a vacancy.

No Act or proceeding of the Commission shall be in valid by reason only of the existence of a vacancy among its members or any defect in the appointment of any of its members.

6. Remuneration of the members of the Commission.

All or any of the members of the Commission may be paid such remuneration as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

7. Seal of the Commission.

(1) The seal of the Commission shall be in the custody of the Chairman.

(2) The seal of the Commission may be altered in such manner as may be determined by the Commission.

(3) The Seal of the Commission shall not be affixed to any instrument or document except in the presence of two members of the Commission both of whom shall sign the instrument or document in token of their presence.

8. Functions of the Commission.

The functions of the Commission shall be to advise to the Government on the national policy relating to passenger transport services by omnibuses, and having regard to such policy—

(a) to monitor the availability of omnibus services of an acceptable quality to meet the passenger transport needs of the public and to determine the minimum levels at which such services shall be maintained;

(b) to specify the conditions subject to which an Authorised Person may issue or renew a passenger service permit or other authority authorising the use of an omnibus for the carriage of passengers at separate fares;

(c) to monitor and enforce subject to the provisions of any written law, the compliance by permit holders with the conditions of passenger service permits issued to them under this Act or by Authorised Persons;

(d) to prescribe the form in which passenger service permits may be issued by an Authorised Person;

(e) to determine the rates to be charged for the issue or renewal of passenger service permits by an Authorised Person;

(f) to specify the documents relating to vehicle fitness, passenger carrying capacity and driver fitness and other evidence that shall be produced to an Authorised Person by an applicant for a passenger service permit;

(g) to require holders of passenger service permits issued by an Authorised Person to furnish to the Commission such returns and information as may be necessary for the Commission to exercise and discharge its powers and functions under this Act;

(h) to liaise with Government Departments, institutions and Authorised Persons, in respect of omnibus services required by such Departments, and Institutions including—

(i) carriage of mail; and

(ii) the provision of school services on concessionary rates, for school children and for students of Universities, Technical Institutions and other similar Institution;

(i) to grant passenger service permits for omnibus services in the specified area;

(j) to ensure the provision of omnibus services on unremunerative routes, by entering, after the consideration of competing bids, into contracts with persons for the provision of those services and where necessary, providing financial support to persons providing such services and to specify the fares that may be charged by such persons having regard to the nature of the services provided;

(k) to enter into agreements with any person for the provision of inter-provincial omnibus services and to issue passenger carriage permits in respect thereof;

(l) to provide managerial expertise and assistance to Authorised Persons, and any other assistance or advice that may be required by Authorised Persons for the proper discharge of their functions relating to the provision of omnibus services;

(m) to arrange for the carriage of goods on omnibuses.

9. Powers of the Commission.

The Commission may exercise all or any of the following powers—

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