INTER STATE AGREEMENT (PONDICHERRY & KERALA)

THE GAZETTE OF PONDICHERRY

PART-I

EXTRORDINARY

Published by

Authority

Price: Re. 0-60

No.83 Pondicherry Monday 6 th July 1987

GOVERNMENT OF PONDICHERRY

WELFARE SECRETAIAT

(Transport)

(G.O. Ms. No.48/87-Wel. (Tr), dated 3 rd July 1987 .)

NOTIFICATION

Whereas the Government of Pondicherry and Government of Kerala propose to enter into a reciprocal agreement under section 63 of the Motor Vehicles Act, 1939 (Central Act IV of 1939) for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service on inter-State routes;

And whereas the draft of the notification was pre-published in the Extraordinary Gazette No. 42, Part-I, dated 25 th April 1985 vide G.O. Ms. No. 12/85-Wel. (Tr), dated 25 th April 1985, inviting objection/suggestion, if any, in connection therewith as required under sub-section (3A) of section 63 of the Motor Vehicles Act, 1939 (Central Act IV of 1939);

And whereas objection/suggestion received by the Government on the draft agreement were considered after giving representatives of the interested or affected persons an opportunity of being heard on 29 th July 1985;

Now, therefore, in exercise of the powers conferred by sub-section (3B) of section 63 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the Lieutenant-Governor of Pondicherry hereby publishes the following final agreement, namely:-

AGREEMENT

This agreement is made this Twenty-fifth day of June One Thousand Nine Hundred and Eighty seven between the Governor of Kerala (hereinafter called “the Government of Kerala”, which expression shall, where the context so admits include his successors in office) of the one part and the President of India (hereinafter called “the Government of Pondicherry” which expression shall, where the context so admits include his successors in office) of the other part;

Whereas it is decided to control the plying of transport vehicles on inter-State routes between the State of Kerala and the Union territory of Pondicherry and it is hereby agreed between the Governments of Kerala and Pondicherry ;

Now these presents witness and it is hereby mutually agreed as follow:--

I. Stage carriage:

(a) Pondicherry based stage carriages already plying (via) Mahe region of the Union territory and also the stage carriage which may be issued with permits in future by a competent authority of the Government of Pondicherry to ply (via) Mahe region of the Union territory of Pondicherry will be exempted from payment of tax due to the Government of Kerala.

(b) Inter-State routes for operation by operators of Mahe region ofUnion territory of Pondicherry connecting places of Kerala State with Mahe region are given in Appendix (which shall from part of this agreement as if incorporated herein).

(c) Temporary permits duly countersigned may be issued on single point tax whenever necessary for the operation of stage carriages on the routes specified in Appendix, pending notification of the agreement and pending grant of pucca permit in accordance with the procedure laid down in the Motor Vehicles Act, 1939.

(d) The fares and freight charged by an operator in the reciprocating State will be same as those charged by the operator of that State for similar service.

(e) Spare buses up to 20% of the fleet of buses of an operator on inter-State routes subject to a minimum of one spare bus will be allowed to ply on any inter-State route, in the event of breakdown of any buses.

(f) Any variation of that part of the inter-State route which lies exclusively in Mahe region may be made by the State Transport Authority, Pondicherry subject to the condition that the said variation is brought to the notice of the reciprocating State. In case the variation is sought for in the reciprocating State, it will be decided by mutual agreement. The benefit of single point tax will be allowed in respect of routes finding place in the basic agreement irrespective of any variation, extension curtailment or pattern of trip that may be allowed on future dates.

(g) The Government of the Union territory of Pondicherry will exempt from payment of tax for the stage carriages, permitted by the Kerala Government under this agreement whether it is regular permit or temporary permit.

II. Goods vehicles:

There shall be no parity on issue of permits by the respective States for goods vehicles. All the goods vehicles covered by valid permits issued by Transport Authorities of Kerala State will be exempted from payment of tax due to the Union territory of Pondicherry to cover only Mahe region. This shall apply to goods vehicles already covered by permits and also those which may be permitted in future. In lieu, the Government of Pondicherry will be permitted 25 public carrier goods vehicles of the vehicles of the Union territory of Pondicherry to cover the entire Kerala State and will be exempted them from payment of tax due to Government of Kerala to ply in the limits of Kerala State. However in respect of private carrier goods vehicles, countersignature on single point tax shall be given without restriction.

III. Contract carriages (Motor cabs):

All Kerala based motor cabs including auto-rickshaws shall be exempted from payment of tax due to the Union territory of Pondicherry to cover Mahe region of the Union territory of Pondicherry .

In lieu, Government of Kerala will countersign 15 motor cabs, 25 tourist taxies and 50 auto-rickshaws of the Union territory of Pondicherry to cover the entire State of Kerala and exempt these vehicles from payment of tax due to Kerala State, provided they are covered by valid permits issued by competent transport authorities of the Union territory of Pondicherry.

IV. General:

(a) The local conditions regarding speed, load dimensions and prohibited roads in the reciprocating State shall be observed by the permit holders thereof. The tax free tokens in respect of the stage carriage, contract carriage and goods vehicle shall be issued in the Home State itself on behalf of the reciprocating State.

(b) The replacement of one vehicle by another by the State Transport Authority, Pondicherry may be intimated immediately to the State Transport Authority, Kerala stating the registration mark, seating capacity, unladen weight and laden weight as the case may be.

V. Amendment of this agreement:

Any clause in this agreement or appendix to this agreement may be amended or a new one added to it at any stage after mutual agreement between the State of Kerala and the Union territory of Pondicherry .

VI. Review:

This agreement will be subject to review after a period of two years or earlier at the instance of either of the Governments.

In witness whereof Shri K. Uppiliappan, Secretary, public works and Transport for and on behalf of the Governor of kerala and Shri S. Joseph Basile, Transport Commissioner, Pondicherry for and on behalf of the president of India have hereunto set their hands and their respective seals have also hereunto been affixed on the day, month and year first above written.

Signed by Shri K. Uppiliappan for and on behalf of the Governor of Kerala.

 

(Sd.)

K.UPPLIAPPAN,

Secretary to Government,
Co-operation and Transport,
Government of Kerala,
Tel. No. 67582/67676-474.

 

 

In the presence of witnesses:

Signed:

     
1. Shri K. I. Hussainar, 
   Senior Deputy Transport Commissioner and Secretary, State Transport Authority, Kerala, Trivandrum . 

2. Shri C. Gopalakrishnan Nair,
   Joint Secretary, Public Works and Transport Department, 
   Government of Kerala. 
 
Signed by 
       Shri. S. Joseph Basile for and on behalf of the President of India.

 

( Sd. )

S. JOSEPH BASILE,
Transport Commissioner,
Pondicherry

 

 

 

In the presence of witnesses:

Signed:

1. Shri P. Rajendiran,
   Upper Division Clerk, Transport Department, 
   Pondicherry . 
2. Shri P. D. Antony, 
   Undeer Secretary, 
   Transport Department Secretariat, 
   Trivandrum (Phone 67676/284). 

APPENDIX

ROUTES ALLOTTED TO THE OPERATORS OF MAHE REGION OF THE UNION TERRITORY OF PONDICHERRY

 

Existing route

(1)

Proposed route

(2)

1

Pandakkal to Tellicherry (via) Palloor, Chalakkara, Vattothukunnu, Cherukallaye and Mahe.

Pandakkal to Pandakkal (via) Palloor, Mahe,Tellicherry,Kadirur,Koothuparamba, Kottiyodi and Panur (Circular route).

2.

East Palloor to Cannanore (via) Paral and Tellicherry.

Mahe to Cannanore (via) East Pallor, Palar and Tellicherry.

3.

Palloor to Kuttiadi (via) Mahe

Pandakkal to Kuttiadi (via) Pallor, Mahe, Badagara and Kallachi.

4.

East Pallor to tellicherry (via) Mahe.

Mahe to Mahe (via) Tellicherry, Kopalm, Moolakadavu, Melachambad, Ancham Mayil, Pookode, Koothuparamba, Kottiyodi, Panur, Melachambad, Pandakkal, East palloor and Peringadi.

5.

East Palloor to Mahe (via) Tellicherry.

Panur ro Mahe (via) Chambad, Mekkunnuchokli, Palloor, Paral and Tellicherry.

6.

Pandakkal to Badagara (via) Paral, Tellicherry and Mahe.

Pandakkal to Quilandy (via) paral, Tellicherry, Mahe and Badagara.

7.

--

Mahe to Guruvayur (via) Badagara, Calicut , Ramanattukara, Kuttipuram and Kunnamkulam.

(By order of the Lieutenant-Governor)

P. KAILASAM,

Under Secretary to Government.

Explanatory Note

(This is not part of the notification but is intended to indicate its main purport).

The inter-State transport between the State of Kerala and Union territory of Pondicherry have considerably increased Mahe is a past of Pondicherry and surrounded by the kerala region. This place has to be connected by means of transportation to various places of importance in Kerala. The existing services operated on the strength of temporary tax exemption have necessitated the Governments to have a proper and co-ordinated road transport on inter-State routes. Accordingly, both the Governments have decided to enter into an agreement for the above purpose. Hence, this notification.



THE GAZETTE OF PONDICHERRY

PART-I

EXTRAORDINARRY

Published by

Authority

Price: Re. 0-85

GOVERNMENT OF PONDICHERRY

WELFARE SECRETARIAT (TRANSPORT)

(G.O. Ms. No.27/90-Wel. (Tr.), dated 8 th June 1990 )

NOTIFICATION

Whereas a reciprocal agreement has been entered into between the Government of Pondicherry and the Government of Kerala under section 63 of the Motor Vehicles Act,1939(Central Act of 1939) for the purpose of providing efficient, adequate, economical and properly co-ordinated road transport service on inter-State routes as per notification in G.O. Ms. No. 48/87-Wel. (Tr), dated 3 rd July 1987 published in the Extraordinary Gazette No. 83, Part-I, dated 6 th July 1987 ;

And whereas the Government of Pondicherry and the Government of Kerala have agreed to enter into a supplementary agreement under section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) for the purpose of operation of stage carriages on certain new inter-State routes on single point tax concession;

And whereas draft of the proposal to enter into the above supplementary agreement was published in the notification issued in G.O. Ms. No. 7/90, dated 9 th February 1990 of the Welfare Secretariat (Transport) and notified in the Extraordinary Gazette No. 33, Part-I, dated 13 th February 1990.

And whereas objections/suggestions were received by the Government on the draft agreement from the Pondicherry Motor Transport Owners' Associations;

And whereas a public hearing was fixed on 20 th April 1990 and the representator, even after service of due notice did not appear at the time fixed for public hearing;

And whereas the objections/suggestions were considered in detail by the Government and it has been decided that the said objections/suggestions are not tenable and hence are to be over ruled;

Now, therefore, in exercise of the powers of the powers conferred by sub-section (6) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 1988) and supplementary to the said reciprocal agreement, the Government of Pondicherry hereby publish in the following final supplementary agreement entered with the Government of Kerala, namely:--

SUPPLEMENTRAY AGREEMENT

This agreement is made on this the 4 th day June, one thousand nine hundred and ninety between the President of India (hereinafter called “the Government of Pondicherry; which expression shall, where the context so admits, include his successor in office) on the one part and the Governor of Kerala (hereinafter called “the Government of Kerala” which expression shall; where the context so admits include his successors in office) on the other part;

Whereas this deed is supplemental to the deed of agreement dated the 25 th June 1987 made between the parties hereto (hereinafter referred to as the Principal deed);

And whereas, it was decided to control the plying of stage carriage on certain new inter-State routes between the State of Kerala and the Union territory of Pondicherry as per the deed and it is hereby further agreed between the Governments of Kerala and Pondicherry to supplement the operation of stage carriages by the said Governments;

Now these presents witness and it is hereby mutually agreed as follows:

Subject to the conditions of the Principal deed, dated the 25 th June 1987, the stage carriages to be operated by the Governments of Pondicherry and Kerala in supplementation of the existing services mentioned in the Appendices of the Principal deed on the inter-State routes between Pondicherry (Mahe) and Kerala shall be as shown in Appendices-I and II. The services under this agreement shall commence immediately or according to exigency.

APPENDIX-I

New routes for operation by the Government of Kerala

Sl.No.

(1)

Routes

(2)

No. of buses to be operated by Kerala State Road Transport Corporation when need arises

(3)

1

Cannur to Pondicherry (via) Thalassery, Mahe, Calicut , Malappuram, Palakkad, Coimbatore , Erode, Salem , Virudachalam and Cuddalore.

 

Route portion in Pondicherry is agreed to by Government of Pondicherry.

 

2

APPENDIX—II

New routes for operation by operation by the Government of Pondicherry

Sl.

No.

(1)

Routes

(2)

No. of buses to be operated by pondicherry Tourism Development Corporation

(3)

1

Mahe to pondicherry (via) calicut , Malappuram, Palakkad, Coimbatore , Erode. Salem , Virudachalam and Cuddalore.

 

Route portion up to Kerala Boundary in Kerala territory is agreed to by Government of Kerala.

 

2

     

Signed by Shri K. Uppiliappan, for and on behalf of the Governor of Kerala.

( Sd. )

K. UPPILIAPPAN,

Secretary to Government (Transport),

Kerala.

In the presence of witnesses:

---

Signed:

1. Shri G. Gopalakrishna Pillai, Transport Commissioner, Kerala.

2. Shri T. C. Sreedharan Pillai, Joint Secretary to Government, Transport Department, Government of Kerala.

Signed by Shri S. Krishnan, for and on behalf of the President of India.

( Sd. )

S. KRISHNAN,

Secretary to Government (Transport),

Pondicherry .

In the presence of witnesses: 

Signed:
   1. Shri K. RAMACHANDRAN, 
      Transport Commissioner, 
      Pondicherry . 
   2. Shri A. Lakshminarasimhan, 
      Under Secretary to Government 
      (Transport), Pondicherry . 

(By order of the Lieutenant-Governor)

A. LAKSHINARASIMHAN,

Under Secretary to Government.

EXPLANATORY NOTE

(This does not form part of the notification, but is intended to indicate its main purport).

Inter- State road transport between the State of Kerala and the Union territory of Pondicherry is regulated by the inter-State reciprocal agreement executed by both the Government with effect from 6 th July 1987 . As per clause V of the agreement, any clause or appendix to the agreement may be amended or a new one added to it at any stage after mutual agreement between the State of Kerala and the Union territory of Pondicherry . Both the Governments felt the necessity of operating additional stage carriage services on the inter-State routes. The above agreement is entered into accordingly.



THE GAZETTE OF PONDICHERRY

PART-I

EXTRAORDINARY

Published by Authority

Price: Re. 0-85

No. 64 Monday 16 th August 1993

GOVERNMENT OF PONDICHERRY

CHIEF SECRETARIAT (TRANSPORT)

(G.O. Ms. No. 41/93-Wel. (Tr.), dated 16 th August 1993 )

NOTIFICATION

Whereas a reciprocal agreement agreement has been entered into between the Government of Kerala and the Government of Pondicherry under section 63 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service on inter-State routes as per Notification G.O. Ms. No. 48/87-Wel. (Tr.), dated 6 th July 1987, published in the Extraordinary Gazette No. 83, Part-I, dated 3 rd July 1987 , supplemented by Notification G.O. Ms. No. 27/90-Wel. (Tr.), dated 8 th June 1990 published in the Extraordinary Gazette No. 94, Part-I, dated 11 th June 1990 ;

And whereas the Governemnt of Keral a and Government of pondicherry have agreed to enter into further Supplementary Agreement under section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), for augmentation of quota for autorickshaws operating under the said Agreement;

And whereas the draft of the notification was pre-published in the Extraordinary Gazette No. 124, Part_I, dated 22 nd December 1992 vide G. O. Ms. No. 53/92-Wel.(Tr.), dated 21 st December 1992 inviting objection/suggestion, if any, in connection therewith as required under sub-section (5) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988);

And whereas no objections/suggestions had been received by the Government on the Draft Second Supplemental Agreement published;

Now, therefore, in exercise of the powers conferred by sub-section (5) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Administrator of Pondicherry hereby publishes the following Final Second Supplemental Agreement, namely:--

SECOND SUPPLEMENTAL AGREEMENT

This Agreement is made on this day of 30 th July between the Government of Kerala (hereinafter called “the Government of Kerala” which expression shall, where the context so admits, include his successor in office) on the one part and the Administrator of Pondicherry (herein-after called “the Government of Pondicherry” which expression shall, where the context so admits, include his successor in office) on the other part.

1. Autorickshaw:

Subject to the other conditions of the Principal Agreement, the total number of permits for autdorickshaws for operation of inter-State routes between the State of Kerala and the Union territory of Pondicherry on single point tax shall be fixed at 150 (one hundred and fifty) and the number of such permits issued in each State shall not exceed 75 (seventy-five).

2. Taxation:

The autorickshaws, the permits of which are countersigned by the reciprocating State, under this agreement shall be exempted from payment of Motor Vehicle Tax to that State.

Signed by Shri N. Chandrasekharan Nair, for and on behalf of the Governor of Kerala.

( Sd. )
N. CHANDRASEKHARAN NAIR,
Secretary to Government Public Works and
Transport (M) Department, Trivandrum .

 

 

 

In the presence of witnesses: 
Signed:
     1. K. P. Unni Krishnan Nair, 
        Deputy Transport Commissioner, 
        South Zone, Trivandrum . 
     2. K. Ramachandran, 
        Transport Commissioner, 
        Pondicherry . 

Signed by Shri V. K. Singh for and on behalf of the President of India.

( Sd. )
V. K. SINGH,
Secretary to Government (Transport),
Pondicherry .

 

In the presence of witnesses:

Signed:
1. Alphonse Earayil, 
   Joint Transport Commissioner, 
   Trivandrum . 


2. P. Mohamood,
   Joint Secretary, 
   Public Works and Transport Department, 
   Secretariat, Trivandrum . 

(By order of the Administrator)

N. SUMATHI,
Under Secretary to Government (Transport).
Pondicherry .

 

 

EXPLANATORY NOTE

(This does not form part of the notification but is intended to indicate its general purport)

Inter-State road transport between the State of Kerala and Union territory of Pondicherry is regulated by the interstate reciprocal agreement executed by both the Governments with effect from 6-7-1987 . As per clause V of the agreements, any clause or appendix to the agreement may be amended or a new one added to it at any stage after mutual agreement the State of Kerala and Union territory of Pondicherry . Both the Governments felt the necessity of operating additional contract carriage services in the inter-State routes. Hence this notification.

------

Governement Press ©

Directorate of Stationery and Printing

PONDICHERRY - 9

 

oOo