68. Transport
Authorities,- (1) The State
Government shall, by notification in Official Gazette, constitute for the State
a State Transport Authority to exercise and discharge the powers and functions
specified in sub-section (3), and shall in like manner constitute Regional
Transport Authorities to exercise and discharge throughout such areas ( in this
Chapter referred to as regions) as may be specified in the notification in
respect of each Regional Transport Authority, the powers and functions
conferred by or under this Chapter on such Authorities:
Provided that in
the Union territories, the Administrator may abstain from constituting any Regional
Transport Authority.
(2) A State Transport
Authority or a Regional Transport Authority shall consist of a Chairman who has
had judicial experience or experience as an appellate or a revisional or as an
adjudication authority competent to pass any order or take any decision under
any law and in the case of a State Transport Authority, Such other persons (
whether officials or not), not being more than four and, in the case of a
Regional Transport Authority, such other persons (whether officials or not),
not being more than two, as the State Government may think fit to appointment;
but no person who has any financial interest whether as proprietor, employee or
otherwise in any transport undertaking shall be appointed, or continue to
be, a member of State or Regional Transport Authority, and, if any person being
a member of any such authority acquires a financial interest in any transport
undertaking, he shall within four weeks of so doing, give notice in writing to
the State Government of the acquisition of such interest and shall vacate
office.
Provided that
nothing in this sub-section shall prevent any of the members of the State
Transport Authority or a Regional Transport Authority, as the case may be, to
preside over a meeting of such Authority during the absence of the Chairman,
notwithstanding that such member does not posses judicial experience or
experience as an appellate or revisional authority or as an adjudicating
authority competent to pass any order or take any decision under any law:
Provided further that the State Government may
(i) where it considers necessary or expedient so to do, constitute the State
Transport Authority of a
Regional Transport Authority for any region so as to consist of
only one member who shall be an
official with judicial experience as appellate or revisionary authority or as
an adjudicating
authority competent to pass any order or take any decision under any law;
(ii) by rules made in this behalf, provide for the transaction of business of
such authorities in the
absence of the Chairman or any other member and specify the circumstances under
which, and
the manner in which, such business could be transacted:
Provided also that
nothing in this sub-section shall be construed as debarring an official (other
than an official connected directly with management or operation of a transport
undertaking) from being appointed or continuing as a member of any such
authority merely by reason of the fact that the Government employing the
official has, or acquired, any financial interest in a transport undertaking.
(3) The State Transport Authority and every Regional Transport Authority
shall give effect to any directions issued under section 67 and the State Transport
Authority and the State Transport Authority shall, subject to such directions
and save as otherwise provided by or under this Act, exercise end discharge
throughout the State the following powers and functions namely,
(a) to
co-ordinate and regulate the activities of the Regional Transport Authorities,
if any, of the State;
(b) to perform the
duties of a Regional Transport Authority where there is n such Authority and,
if it
thinks fit or if so required by a Regional Transport Authority, to perform
those duties in respect of
any route common to two or more regions;
© to settle all
disputes and decide all matters on which differences of opinion arise
between Regional
Transport Authorities;
(ca) Government to
formulate routes to plying stage carriages; and
(d) to discharge
such other functions as may be prescribed.
(4) For the
purpose of exercising and discharging the powers and functions specified in
sub-section (3), a State Transport Authority may, subject to such conditions as
may be prescribed, issue directions to any Regional Transport Authority, and
the Regional Transport Authority shall, in the discharge of its functions under
this Act, give effect to and be guided by such directions.
(5) The State
Transport Authority and any Regional Transport Authority, of authorised in this
behalf by rules made under section 96, may delegate such of its powers and
functions to such authority or person subject to such restrictions limitations
and conditions as may be prescribed by the said rules.
69. General provisions to application for permits, - (1) Every application for a permit shall be made
to the Regional Transport Authority of the region in which it is proposed to
use the vehicle or vehicles:
Provided that if
it is proposed to use the vehicle or vehicles in two or more regions lying
within the same State, the application shall be made to the Regional Transport
Authority of the region in which it is proposed to keep the vehicle or
vehicles:
Provided further
that if it is proposed to use the vehicle or vehicles in two or more regions
lying in different States the application shall be made to the Regional
Transport Authority of the region in which the applicant resides or has his
principal place of business.
(2)
Notwithstanding anything contained in sub-section (1), the State Government
may, by notification in the Official Gazette, direct that in the case of any
vehicle or vehicles proposed to be used in two or more regions lying in
different States, the application under that sub-section shall be made to the
State Transport Authority of the regions in which the applicant resides or has
his principal place of business.
70. Application
for stage carriage permit, - (1) An application for a permit in respect of a stage carriage (in
this Chapter referred to as stage carriage permit) or as a reserve stage
carriage shall, as far as may be, contain the following particulars, namely,-
(a) the route or routes or the area or areas to
which the application relates;
(b) the type and seating capacity of each such
vehicle;
(c) the minimum and maximum number of daily trips
proposed to be provided and the time table of the normal trips;
Explanation: - For the purpose of this section, section 72,
section 80 and section 102, “trip” means a single journey form one point to
another, and every return journey shall be deemed to be a separate trip.
(d) the number of vehicles intended to be kept in
reserve to maintain the service and to provide for special occasions;
(e) the arrangements intended to be made for the
housing, maintenance and repair of the vehicles, for the comfort and
convenience of passengers and for storage and safe custody of luggage;
(f) such other matters as may be prescribed.
(2) An application
referred to in sub-section (1) shall be accompanied by such documents as may be
prescribed.
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