THE UTTAR PRADESH ROAD TRANSPORT SERVICES (DEVELOPMENT) ACT, 1955

THE UTTAR PRADESH ROAD TRANSPORT SERVICES (DEVELOPMENT) ACT, 1955[1]

[Act No. IX of 195.5]

PREAMBLE

An Act to provide for the development of Road Transport Services in U.P. and other matters connected therewith

Whereas the U.P. Road Transport Services (Development) Ordinance, 1955, was promulgated by the Governor;

And whereas it is expedient in the interest of the general public and for the efficient organisation of road transport and for the planned development of the industrial and economic resources of the State that the provisions of the said Ordinance should be replaced by an Act of the legislature;

It is hereby enacted in the Sixth year of the Republic of India as follows:

Section 1 - Short title, extent and commencement

(1)     This Act may be called the U.P. Road Transport Service (Development) Act, 1955.

(2)     It extends to the whole of U.P.

(3)     It shall and be deemed to have come into force on and from eighteenth day of June, 1951.

Note--"An efficient road transport system is essential for the planned development of the industrial resources of the State and for increasing economic prosperity. It is therefore considered that in the interest of the general public and for subserving the common good the State should organize Road Transport Services.

(4)     In 1950 the State Legislature enacted the U.P. State Road Transport Act, 1950, to make provision for suitable and efficient Transport Services with a view to the general welfare of the State. The Act inter alia empowered the State Government to declare routes on which the State Road Transport Services shall be run exclusively by the State Government or by the State Government jointly with others. It many cases it became necessary to cancel or curtail the permits granted under Motor Vehicles Act, 1939, to private individuals. In a recent case, however, the Supreme Court of India has held that such cancellation attracted the provisions of Article 31 of the Constitution and that it was necessary to provide for compensation in respect of the cancellation.

(5)     In accordance, therefore, with the said decision, it has been found necessary that the law should make provision for giving of compensation.

(6)     Apart, therefore, from providing for the running of the State Road Transport Services, the Bill also provides for the giving of compensation to operators whose permits are cancelled in pursuance of any scheme that may be adopted.

Section 2 to 13 – Repealed

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Section 14 - Transport Commissioner

(1)     The State Government may appoint a Transport Commissioner for purposes of this Act.

(2)     The Transport Commissioner shall perform such duties and exercise such powers as may be prescribed.

Section 15 to 22 – Repealed

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Schedule I and II - Repealed

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