Confiscation of government buses
GUHAN M V
(Querist) 05 May 2015
This query is : Resolved
I am working in India Meteorological Department, Regional Meteorological Centre, Chennai. Some times back when I was in an official inspection tour to southern district, I boarded a Government bus to go to Tirunelveli. During its journey the bus was confiscated by Court authority. While I respect the court order, confiscating of public transport may NOT be a mean for compensation default. By the court order or verdict innocent commuter / traveling public is suffering a lot. There must be some alternate grievances redress mechanism. This has to be initiated by proper amendments in law. Honorable Chief Minister must look into this and State Assembly or appropriate forum should amend the law of confiscating Public property for whatsoever reason.
M.Sheik Mohammed Ali
(Expert) 05 May 2015
i know your paint because onboard travelling the bus had been seized, but you dont know background law procedure, before seizing one month before notified to the concern department for hand over to court or sell the bus and hand over money to victim.
GUHAN M V
(Querist) 05 May 2015
Dear Sir,
It is basically an arbitary act asking the bus company / or corporation especially to sell the bus for compensation. There is no logic in it. The bus is running in service of the Public and confiscating it just because of "compensation default" is funny. There must be some amendment to it. State Legislature or appropriate forum should amend the law.
THAT IS A MUST.
Dr J C Vashista
(Expert) 06 May 2015
I disagree with author. The court shall definitely issue warrant of attachment of immovable property and shall "NEVER" pass order to confiscate the loaded bus.
GUHAN M V
(Querist) 07 May 2015
Learned Sir,
I myself was asked to get down by court officials during the journey. There should be some amendment to this Sir.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
"It is basically an arbitary act asking the bus company / or corporation especially to sell the bus for compensation. There is no logic in it."
Why it is illogical. Why the company did not pay dues in time. Why they compelled court to use such powers. Recently even a train was attached.
GUHAN M V
(Querist) 07 May 2015
I am NOT against the court verdict. That is cent percent right and logical. But instead of attaching Public Property court can ask the operator to operate bus [ for example] in the same route and can ask the company / corporation to pay the collection in court till the compensation is realized. This is more SCIENTIFICALLY reasonable rather than logical, Sir.
In similar occasion I have seen court attaching a taluk office for some default and the entire function of the taluk became standstill for few days. I am against that sort of action.
Amendment is required Sir.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
If you are against such action then does it matter.
contest election and file amendment in CPC in the parliament.
or convince 50%(+) MPs on your view point.
T. Kalaiselvan, Advocate
(Expert) 07 May 2015
The author must understand that nobody is above law including the government machinery which is also governed by the law of the land, therefore instead of passing comments on such issues recklessly, understand and respect the law. The procedures to attach the bus have been followed as per law before doing it, i.e., the company given maximum opportunities to pay the award amount which went into the deaf ears of the so called authority occupied by lethargy and arrogantly reluctant government officers. Until their mindset is not changed, such incidences will continue to happen. You are worried about the public sufferings in general, but the government which has to take care of the public interests remain solid like a thug. What is the remedy for the people/litigant knocking the doors of court seeking justice?
Sudhir Kumar, Advocate
(Expert) 08 May 2015
You said
" court can ask the operator to operate bus [ for example] in the same route and can ask the company / corporation to pay the collection in court till the compensation is realized"
Who will bear the cost of runing the bus
Who will bear the const of supervision of collection.
Will the receiver official travel with the bus
What is the due
In how many years it will be recovered.
Why for one bus and why not to pass such orders for entire depot.
I have more funny solution
the court can notify that anyone intending to travel by this bus should come and deposit the fare in court and buy ticket
Sudhir Kumar, Advocate
(Expert) 08 May 2015
I have More illogical solution
Court can look for any advocate with conductor license and post him as receiver in the bus. His daily remuneration may at times exceed the collection.
T. Kalaiselvan, Advocate
(Expert) 08 May 2015
Dear Sudhir Sir, the court need not run or operate the seized bus, it can decide to auction the bus and disburse the sale proceeds to the claimant, that is the purpose of confiscating or seizing the bus. Further, the orders passed by court to deposit the collection to court also flew in the air or the authorities kept mum about such decisions as if they are not at all bothered about respecting court orders. Therefore, the attachment of bus by the order of court, in my view is fully justified. The auction of bus will fetch the revenue payable to the claimant which were supposed t be paid by the transport company. Your views are general but we practically face such situations very often hence we are very familiar with such situations.
GUHAN M V
(Querist) 08 May 2015
Der learned Kaliselvan,
AS you told the court need NOT to run or operate the bus. But it can, by a suitable execution of civil procedure code and / or decree, attach the earnings of the bus.[earnings other than that meant for livelihood] Just like attaching salary of the defaulter / debtor.
However there is also a provision:
If debtor is owner driver (like artesian by profession) , which may fir enable for his livehood of a person, then the property SHOULD NOT BE attached.
It is NOT as easy even for a court to auction a Government bus. I have seen many confiscated vehicles including brand new Government buses lying inside the court premises for long time.
But by attaching the route permit the court can confiscated the permit and ask to operate it on behalf of the DECREE HOLDER or Court till the compensation amount is realised.
I think it is more scientific approach rather than emotional.
Sudhir Kumar, Advocate
(Expert) 09 May 2015
This forum has no mandate to propose change of law.
The author can convince 50% (+) MPs and get CPC amended. Address and contact information of each MP is available in Parliament website.
Dr J C Vashista
(Expert) 09 May 2015
It is an unnecessary, unconstitutional, illegal and illogical debate should be stopped, it is not a query.
Sudhir Kumar, Advocate
(Expert) 09 May 2015
In cased the querist has to take up any issue with authorities he is requested to consider two non-sence proposals given by me.
GUHAN M V
(Querist) 09 May 2015
To all learned counsel,
It is my fundamental right to express my views. This, I think, is logical.
The view has been submitted to Hon"ble Madras High Court through Government run bus Corporation.
I request all agitated counsel to consider the plight of innocence people by this sort of confiscation.
[Not only buses, taluk office charis, tables, computers are attached] I consider this as funny.
Please sort for solution.
