97. Definition, - In this
Chapter, unless the context otherwise requires, “road transport service” means
a service of motor vehicles carrying passengers or goods or both by road for
hire or reward.
98. Chapter VI to override Chapter V
and other laws,- The provisions of this Chapter and the rules and
orders made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in
Chapter V or in any other law for the time being in force or in any instrument
having effect by virtue of any such law.
99.Preparation and publication of
proposal regarding road transport service of a state transport undertaking,-
(1) Where any State Government is of opinion that the purpose of providing an
efficient, adequate, economical and properly co-ordinated road transport
service, it is necessary in the public interest that road transport
undertaking, whether to the exclusion, complete or partial, of other persons or
otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of
the service proposed to be rendered, the area or route proposed to be covered
in the Official Gazette of the State formulating such proposal and in not less
than one newspaper in the regional language circulating in the area or route
proposed t be covered by such scheme and also in such other manner as the State
Government formulating such proposal deem fit.
(2) Not withstanding
anything contained in sub-section (1), when a proposal is published under that
sub-section, then from the date of publication of such proposal, no permit
shall be granted to any person, except a temporary permit during the pendency
of the proposal and such permit shall be valid only for a period of one year
from the date of issue or till the date of final publication of the scheme
under section 100, whichever is earlier.
100. Objection to the
proposal,- (1) On the publication of any proposal regarding a scheme
in the Official Gazette and in not less than one newspaper in the regional
language circulating in the area or route which is to be covered by such
proposal any person may, within thirty days from the date of its publication in
the Official Gazette, file objections to it before the State Government.
(2) The State
Government may, after considering the objections and after giving an
opportunity to the objector or his representatives and the representatives of
the State Transport Undertaking to be heard in the matter, if they so desire,
approve or modify such proposal.
(3) The scheme
relating to the proposal as approved or modified under sub-section (2) shall
then be published in the Official Gazette by the State Government making such
scheme and in not less than one newspaper in the regional language circulating
in the area or route covered by such scheme and the same shall thereupon become
final on the date of its publication in the Official Gazette and shall be
called the approved scheme and the area or route to which it relates shall be
called the notified area or notified route.
Provided that no
such scheme which relates to any inter-State route shall be deemed to be an
approved scheme unless it has the previous approval f the Central Government.
(4) Notwithstanding
anything contained in this section, where a scheme is not published as an approved
scheme under sub-section (3) in the Official Gazette within a period of one
year from the sate of publication of the proposal regarding the scheme in the
Official Gazette under sub-section (1), the proposal shall be deemed to have
lapsed.
Explanation:- In
computing the period of one year referred to in this sub-section, any period or
periods during which the publication of the approved scheme under sub-section
(3) was held up on account of any stay or injunction by the order of any court
shall be excluded.
101. Operation of additional services by a State
transport undertaking in certain circumstances,- notwithstanding
anything contained in section 87, a State transport undertaking may, in the
public interest operate additional services for the conveyance of the
passengers on special occasions such as to and from fairs and religious
gatherings.
Provided that the
State transport undertaking shall inform about the operation of such additional
services to the concerned Transport authority without delay.
102. Cancellation or modification of scheme,-
(1) The State Government may, at any time, if it considers necessary, in the
public interest so to do, modify any approved scheme after giving –
(i) the
State transport undertaking; and
(ii) any
other person who, in the opinion of the State Government, is likely to be
affected by the
proposed modification, an opportunity of
being heard in respect of the proposed
modification.
(2) The State
Government shall publish any modification proposed under sub-section (1) in the
Official Gazette and in one of the newspapers in the regional language
circulating the area in which it is proposed to be covered by such
modification, together with the date, not being less than thirty days from such
publication in the Official Gazette, and the time and place at which any
representation received in this behalf will be heard by the State Government.
103. Issue of permits to State transport
undertakings,- (1) Where, in pursuance of an approved scheme, any
State transport undertaking applies in such manner as may be prescribed by the
State Government in this behalf for a stage carriage permit or a goods carriage
permit or a contract carriage permit in respect of a notified area or notified
route, the State transport authority in any case where the said area or route
lies in more than one region and the Regional transport Authority in any other
case shall issue such permit to the State transport undertaking,
notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved
scheme in respect of a notified area or notified route, the State Transport
Authority or, as the case may be, the Regional Transport Authority concerned
may, by order-
(a) refuse
to entertain any application for the grant or renewal of any other permit or
reject any
such
application as may be pending;
(b) cancel
any existing permit;
© modify the
terms of any existing permit so as to –
(i)
render the permit ineffective beyond a specified date;
(ii)
reduce the number of vehicles authorised to be used under the permit;
(iii) curtail the area or route covered by the permit in so far as such
permit relates to the
notified area or route.
(3) For the removal of doubts, it is hereby declared that
no appeal shall lie against any action taken, or order passed, by the State
Transport Authority or any Regional Transport Authority under sub-section (1)
or sub-section (2)
104. restriction on grant of permits in respect of a
notified area or a notified route,- Where a scheme has been
published under sub-section (3) of section 100 in respect of any notified area
or notified route, the State transport Authority or the Regional Transport
Authority, as the case may be, shall not grant any permit except in accordance
with the provisions of the scheme:
Provided that
where no application for a permit has been made by the State transport
undertaking in respect of any notified route in pursuance of an approved
scheme, the State Transport authority or the Regional Transport Authority, as
the case may be, may grant temporary permit to any person in respect of such
notified area or notified route subject to the condition that such permit shall
cease to be effective on the issue of a permit to the State transport
undertaking in respect of that area or route.
105. Principles and method of determining compensation
and payment thereof,- (1) Where, in exercise of the powers conferred
by clause (b) or clause (c) of sub-section (2) of section 103, any existing
permit is cancelled or the terms thereof are modified, there shall be paid by
the State transport undertaking to the holder of the permit, compensation, the
amount of which shall be determined in accordance with the provisions of
sub-section (4) or sub-section (5) as the
case may be.
(2) Notwithstanding anything contained in
sub-section (1), no compensation shall be payable on account of the cancellation
of any existing permit or any modification of the terms thereof, when a permit
for an alternative route or area in lieu thereof has been offered by the State
Transport Authority or the Regional Transport Authority, as the case may be and
accepted by the holder of the permit.
(3) For the removal of doubts, it is hereby declared
that no compensation shall be payable on account of the refusal to renew a
permit under clause (a) of sub-section (2) of section 103.
(4) where, in exercise of the powers conferred by
clause (b) of sub-section (1) or sub clause (i) or sub clause (ii) of clause
(c) of sub-section (2) of section 103,any existing permit is cancelled or the terms thereof are modified so as to
prevent the holder of the permit from using any vehicle authorised to be used
thereunder for the full period for which the permit, would otherwise have been
effective, the compensation payable to the holder of the permit for each
vehicle affected by such cancellation or modification shall be computed as
follows:-
(a) for every complete month or part of a month
exceeding fifteen days of the unexpired period
of permit – Two hundred rupees;
(b) for part of a month not exceeding fifteen
days of the unexpired period of permit- One
hundred
rupees:
Provided
that the amount of compensation shall, in no case, be less than four hundred
rupees.
(5) Where, in exercise of powers conferred by sub
clause (iii) of clause © of sub-section (2) of section 103, the terms of an
existing permit are modified so as to curtail the area or route of any vehicle
authorised to be used thereunder, the compensation payable to the holder of the
permit on account of such curtailments shall be an amount computed in
accordance with the following formula, namely,-
YxZ
R
Explanation:- In this formula,-
(i) “Y” means the length or area by which the
route or area covered by the permit is curtailed;
(ii) “A” means the total length
of the route or the total area covered by the permit.
(6) The amount of compensation payable under this
section shall be paid by the State transport undertaking to the person or
persons entitled thereto within one month from the date on which the
cancellation or modification of the permit becomes effective:
Provided
that where the State transport undertaking fails to make the payment within the
said period of one month, it shall pay interest at the rate of seven percent
per annum form the date on which it falls due.
106. Disposal of articles found in the vehicles,- Where any article found in any transport vehicle
operated by the State transport undertaking is not claimed by the owner within
in the prescribed period, the State transport undertaking may sell the article
in the prescribed manner and the sale proceeds thereof, after deducting the
costs incidental to sale, shall be paid to the owner on demand.
107. Power to State Government to make rules, - (1)
The State Government may make rules for the purpose of carrying into effect the
provisions of this Chapter.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of the following
matters, namely,-
(a) the form in which any proposal regarding a
scheme may be published under section 99;
(b) the manner in which objections may be filed
under sub-section (1) of section 100;
© the manner in which objections may be
considered and disposed of under sub-section (2) of
section
100;
(d) the form in which any
approved scheme may be published under sub-section (1) of section
103 may be made;
(e) the manner in which application
under sub-section (1) of section 103 may be made;
(f) the period within which the owner
may claim any article found left in any transport vehicle
under section 103 and the manner of sale of such
article;
(g) the
manner service of orders under this Chapter;
(h) any
other matter which has to be, or may be prescribed.
108. Certain
powers of State Government exercisable by the Central Government,-
The powers conferred on the State Government under this Chapter shall, in
relation to a corporation or company owned or controlled by the Central
Government or by the Central Government and one or more State Governments be
exercised by the Central Government in relation to an inter State route or area
Thank you very much for your appreciation. Further chapters of motor vehicles act will be published shortly
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