97. Definition,- In this chapter, unless the context otherwise requires, "road transport service" means 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 not withstanding 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 for the purpose of providing an efficient, adequate, economical and properly coordinated road transport service, it is necessary in the public interest that the road transport services in general or any particular class of such services in relation to any area or route or portion thereof should be run and operated by the State 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 and other relevant particulars respecting thereto and shall publish such proposal 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 to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.
(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then form the date of publication of such proposal, no permit shall be granted to any person. except a temporary permit during the dependency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue or till the date of final publication o f 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 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 publication In the Official Gazette and shall be called the approved scheme and the area 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 of the Central Government.
(4) Notwithstanding anything contained in this section, where a scheme is not published and approved under sub-section (3) in the Official Gazette within a period of one year from the date 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 help up on account of 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,- (1) Not withstanding 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 a scheme,- (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any of the schemes 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 notification.
(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 languages circulating in the area in which it is proposed to be covered by such modiification, together with the date, not 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 any approved scheme, any transport undertaking applies in such manner as may be prescribed the State Government in this behalf for a stage carriage permit or goods carriage permit or contract carriage permit in respect of a notified area or notified route,the State Transport Authority in any case where the 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, not withstanding 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 or reject any such application as may be pending;
(b) cancel any existing permit;
(c) modify the conditions of any existing permit so as to-
(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorized to be used under the permit;
(iii) curtail the area or route covered by the permit in so far s such permit relates to the notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or orders passed, y the State Transport Authority or Regional Transport Authority under sub-section (1) or sub-section (2).
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 not withstanding 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 for the purpose of providing an efficient, adequate, economical and properly coordinated road transport service, it is necessary in the public interest that the road transport services in general or any particular class of such services in relation to any area or route or portion thereof should be run and operated by the State 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 and other relevant particulars respecting thereto and shall publish such proposal 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 to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.
(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then form the date of publication of such proposal, no permit shall be granted to any person. except a temporary permit during the dependency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue or till the date of final publication o f 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 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 publication In the Official Gazette and shall be called the approved scheme and the area 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 of the Central Government.
(4) Notwithstanding anything contained in this section, where a scheme is not published and approved under sub-section (3) in the Official Gazette within a period of one year from the date 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 help up on account of 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,- (1) Not withstanding 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 a scheme,- (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any of the schemes 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 notification.
(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 languages circulating in the area in which it is proposed to be covered by such modiification, together with the date, not 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 any approved scheme, any transport undertaking applies in such manner as may be prescribed the State Government in this behalf for a stage carriage permit or goods carriage permit or contract carriage permit in respect of a notified area or notified route,the State Transport Authority in any case where the 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, not withstanding 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 or reject any such application as may be pending;
(b) cancel any existing permit;
(c) modify the conditions of any existing permit so as to-
(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorized to be used under the permit;
(iii) curtail the area or route covered by the permit in so far s such permit relates to the notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or orders passed, y the State Transport Authority or Regional Transport Authority under sub-section (1) or sub-section (2).
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