Amendment status not verified — confirm the current text below against the official source.
Removal of difficulties STATEMENT OF OBJECTS AND REASONS Amending Act 01 of 2016.- The Hon’ble Supreme Court in B.A Lingareddy Vs Karnataka State Transport Authority (2015 AIR SCW 279), after exhaustive review of the case law while considering the specific assertion on behalf of the appellant, it categorically laid down that a permit cannot be granted for the for a non-notified route which overlap or traverses the notified route and declared the permits granted country to the scheme are illegal. And whereas section 102 of the Motor Vehicle Act, 1988 empowers the State Government to modify any approved scheme. The Supreme Court in Karnataka State Road Transport Corporation Vs Asharafulla Khan(2002)2 SCC 560 has help that modification may be effected only to need and convenient of the travelling public on representation of the travelling public or on the ground that the Transport undertaking lacks the necessary resources in the form of vehicle or infrastructure to meet the public demand The Karnataka State Transport undertaking has expressed its inability to stars stage carriage vehicles in the areas of approved scheme immediately. Therefore, it is considered necessary to make certain special provisions to prevent inconvenience to travelling public by sudden stoppage of existing permit holders of private stage carriage under the Motor Vehicles Act, 1988 in relation to the areas of approved schemes and routes notified under Chapter-VI of that Act and to provide for an enabling provision to issue temporary to meet the need of the day and matters connected therewith or incidental thereto; [L.A. Bill No.36 of 2015 File No. Samvyashae 43 Shasana 2015] [entry 35 of list III of the Seventh Schedule to the Constitution of India.] 2 KARNATAKA ACT NO 1 OF 2016 (First Published in the Karnataka Gazette Extra-ordinary on the Twenty third day of February, 2016) THE KARNATAKA STATE MOTOR VEHICLE (SPECIAL PROVISIONS) ACT, 2015 (Received the assent of the President on the tenth day of February, 2016) An Act to make certain special provisions, to prevent inconvenience to the travelling public by the sudden stoppage of the existing permit holders of stage carriages under the Motor Vehicles Act, 1988 in relation to the areas of approved schemes and routes notified under Chapter-VI of that Act and to provide for matters connected therewith or incidental thereto. Whereas the Hon’ble Supreme Court in B.A Lingareddy Vs Karnataka State Transport Authority (2015 AIR SCW 279), after exhaustive review of the case law while considering the specific assertion on behalf of the appellant, it categorically laid down that a permit cannot be granted for a non-notified route which overlap or traverses the notified route and declared the permits granted contrary to the scheme are illegal. And whereas section 102 of the Motor Vehicle Act, 1988 empowers the State Government to modify any approved scheme. The Supreme Court in Karnataka State Road Transport Corporation Vs Asharafulla Khan(2002)2 SCC 560 has held that modification may be effected only to need and convenient of the travelling public on representation of the travelling public or on the ground that the State Transport undertaking lacks the necessary resources in the form of vehicle or infrastructure to meet the public demand. Whereas the Karnataka State Transport undertaking has expressed its inability to start stage carriage vehicles in the areas of approved scheme immediately. Whereas it is expedient to make certain special provisions to prevent inconvenience to travelling public by sudden stoppage of existing permit holders of private stage carriage under the Motor Vehicles Act, 1988 in relation to the areas of approved schemes and routes notified under Chapter-VI of that Act and to provide for matters connected therewith or incidental thereto; Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India as follows :-