Motor Vehicles Act, 1988 CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS - Kerala RTO


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





1 comment:

  1. Thank you very much for your appreciation. Further chapters of motor vehicles act will be published shortly

    ReplyDelete

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