Section 103. Issue of permits to State transport undertakings.

Q: What does Section 103 of the Motor Vehicles Act allow regarding the issuance of permits to State transport undertakings?

A: Section 103 allows State transport undertakings to apply for stage carriage, goods carriage, or contract carriage permits in notified areas or routes under approved schemes, bypassing Chapter V regulations. Permits are issued by the State Transport Authority or the Regional Transport Authority, depending on the area's jurisdiction.

Q: How does Section 103 impact the issuance and management of permits for State transport undertakings?

A: Section 103 empowers the State Transport Authority or Regional Transport Authority to issue permits to State transport undertakings for stage carriage, goods carriage, or contract carriage in notified areas or routes as per approved schemes, overriding Chapter V provisions.

Q: Can you explain the authority granted to State transport undertakings under Section 103 of the Motor Vehicles Act?

A: Section 103 authorizes State transport undertakings to apply for and receive permits for stage carriage, goods carriage, or contract carriage in notified areas or routes under approved schemes. This authority is exercised by the State Transport Authority or Regional Transport Authority, depending on the geographical jurisdiction.

Q: What measures can the State Transport Authority or Regional Transport Authority take under Section 103 to enforce approved schemes?

A: According to Section 103, the State Transport Authority or Regional Transport Authority can, to implement approved schemes in notified areas or routes, refuse pending permit applications, cancel existing permits, or modify permit terms. These actions may include rendering permits ineffective beyond a specified date, reducing authorized vehicles, or curtailing covered areas or routes.

Q: Is there a provision for appeals against actions taken by the State Transport Authority or Regional Transport Authority under Section 103?

A: Section 103 explicitly states that no appeal shall be entertained against actions or orders issued by the State Transport Authority or Regional Transport Authority under subsections (1) or (2), ensuring the enforcement of approved schemes without judicial review.

Q: What does Section 104 of the Motor Vehicles Act specify regarding the grant of permits in a notified area or route?

A: Section 104 mandates that once a scheme is published under Section 100 for a notified area or route, the State Transport Authority or Regional Transport Authority cannot grant any permits except as per the provisions of the approved scheme.

Q: How does Section 104 affect the issuance of permits in notified areas or routes under approved schemes?

A: Section 104 restricts the State Transport Authority or Regional Transport Authority from granting permits in notified areas or routes once a scheme is published under Section 100, unless it aligns with the scheme's provisions.

Q: Can you explain the provisions of Section 104 regarding temporary permits in notified areas or routes?

A: According to Section 104, if no application for a permit has been made by the State transport undertaking for a notified area or route under an approved scheme, the State Transport Authority or Regional Transport Authority may issue temporary permits to individuals. However, such permits will cease once a permit is issued to the State transport undertaking for that area or route.

Q: What is the significance of Section 104 in the context of permit issuance for notified areas or routes?

A: Section 104 ensures that once a scheme is published under Section 100 for a notified area or route, the State Transport Authority or Regional Transport Authority can only grant permits in accordance with the scheme's provisions, preventing unauthorized operations and promoting adherence to approved transport plans.

Q: How does Section 104 contribute to the regulation of transport permits under approved schemes?

A: Section 104 plays a crucial role in regulating the issuance of transport permits by restricting the State Transport Authority or Regional Transport Authority from granting permits in notified areas or routes except as specified in approved schemes published under Section 100, thereby ensuring orderly transport operations aligned with planned schemes.

Q: What does Section 105 of the Motor Vehicles Act specify regarding compensation for cancelled or modified permits?

A: Section 105 outlines the principles and methods for determining compensation when any existing permit is cancelled or modified by the State transport undertaking under specified clauses of Section 103. Compensation is payable to the permit holder based on the remaining validity period and the nature of the modification.

Q: How does Section 105 define the compensation process for cancelled or modified permits?

A: Section 105 stipulates that when a permit is cancelled or its terms are modified by the State transport undertaking, compensation must be paid to the permit holder. The amount of compensation is determined either under subsection (4) or (5) depending on the circumstances, ensuring fair reimbursement for affected permit holders.

Q: Can you explain the conditions under which no compensation is payable according to Section 105?

A: According to Section 105, no compensation is payable if an alternative permit for a different route or area is offered by the State Transport Authority or Regional Transport Authority and accepted by the permit holder. Additionally, no compensation is provided for the refusal to renew a permit under certain clauses of Section 103.

Q: What formula does Section 105 provide for computing compensation in case of route or area curtailment under modified permit terms?

A: Section 105 specifies a formula for computing compensation when the terms of an existing permit are modified to curtail the route or area covered. The compensation amount is calculated based on the formula: YA / R, where Y represents the curtailed length or area, A is computed as per subsection (4), and R denotes the total length or area initially covered by the permit.

Q: How does Section 105 ensure timely payment of compensation to affected permit holders?

A: Section 105 mandates that the State transport undertaking must pay the compensation amount to the entitled person or persons within one month from the effective date of permit cancellation or modification. Failure to do so results in the imposition of interest at a specified rate per annum, ensuring prompt settlement.

Q: What does Section 106 of the Motor Vehicles Act specify regarding the disposal of articles found in vehicles operated by State transport undertakings?

A: Section 106 allows State transport undertakings to dispose of any unclaimed articles found in their vehicles after a prescribed period. The disposal is conducted in a manner prescribed by regulations, and the proceeds from the sale, after deducting associated costs, are held for the owner's claim.

Q: How does Section 106 outline the process for handling unclaimed articles in transport vehicles?

A: According to Section 106, if articles found in vehicles operated by State transport undertakings are not claimed within a specified period, the undertakings can sell them as per regulations. The sale proceeds, minus sale costs, are reserved for the rightful owner upon request.

Q: Can you explain the authority granted to State transport undertakings under Section 106 regarding unclaimed articles?

A: Section 106 grants State transport undertakings the authority to sell unclaimed articles found in their vehicles after a designated period. The sale proceeds, net of expenses related to the sale, are reserved for the owner upon their demand.

Q: What happens to the proceeds from the sale of unclaimed articles under Section 106?

A: Under Section 106, the State transport undertaking retains the proceeds from the sale of unclaimed articles found in their vehicles, after deducting costs associated with the sale. These proceeds are held for the owner and disbursed upon their request.

Q: How does Section 106 ensure proper handling and accountability for unclaimed articles in State transport vehicles?

A: Section 106 ensures that State transport undertakings manage unclaimed articles responsibly by selling them after a specified period and holding the sale proceeds for the owner's retrieval, following prescribed procedures and accountability measures.

Q: What does Section 107 of the Motor Vehicles Act empower the State Government to do?

A: Section 107 grants the State Government the authority to formulate rules for implementing the provisions outlined in this Chapter of the Motor Vehicles Act.

Q: Can you explain the specific purposes for which the State Government can make rules under Section 107?

A: Section 107 allows the State Government to establish rules that facilitate the effective execution of this Chapter of the Motor Vehicles Act. These rules may cover various aspects, including the publication of scheme proposals, handling objections, procedures for scheme approvals, permit applications, management of unclaimed articles, service of orders, and other related matters.

Q: How do rules formulated under Section 107 contribute to the administration of road transport services?

A: Rules formulated under Section 107 play a crucial role in governing and regulating road transport services by providing guidelines on proposal publication, objection filing, scheme approval processes, permit applications, article management, order service methods, and other relevant administrative aspects.

Q: What are some examples of matters that can be covered by rules under Section 107 of the Motor Vehicles Act?

A: Rules under Section 107 can encompass a wide range of matters, such as the specific format for publishing scheme proposals (Section 99), procedures for filing and addressing objections (Section 100), methods for publishing approved schemes (Section 100), guidelines for permit applications (Section 103), timelines and procedures for managing unclaimed articles in vehicles (Section 106), modes of service for official orders, and any other regulatory matters deemed necessary.

Q: How do rules made under Section 107 ensure compliance and efficiency in the administration of road transport laws?

A: Rules formulated under Section 107 promote compliance and operational efficiency within the road transport sector by providing clear guidelines and procedures for various administrative processes, thereby facilitating smoother implementation of the Motor Vehicles Act.

Q: What does Section 108 of the Motor Vehicles Act specify regarding the powers of the State Government?

A: Section 108 delineates that the powers vested in the State Government under this Chapter of the Motor Vehicles Act are applicable only to corporations or companies owned or controlled by the Central Government, or jointly by the Central Government and one or more State Governments, concerning inter-State routes or areas.

Q: How does Section 108 define the exercise of powers in relation to corporations or companies under the Central Government's control?

A: Section 108 specifies that powers granted to the State Government under this Chapter are exclusively exercisable by the Central Government when dealing with corporations or companies owned or controlled by the Central Government or jointly by the Central Government and one or more State Governments, particularly concerning inter-State routes or areas.

Q: Can you explain the significance of Section 108 in the context of governance over inter-State transportation routes?

A: Section 108 is significant as it clarifies that the Central Government assumes authority over corporations or companies under its ownership or control, or jointly controlled with State Governments, especially concerning inter-State routes. This ensures centralized decision-making and uniform regulatory enforcement in such transport sectors.

Q: What entities are affected by Section 108 of the Motor Vehicles Act?

A: Section 108 impacts corporations or companies owned or controlled by the Central Government, or jointly by the Central Government and one or more State Governments, specifically in matters related to inter-State transportation routes or areas.

Q: How does Section 108 contribute to regulatory clarity in the management of transportation operations?

A: Section 108 contributes to regulatory clarity by delineating that powers vested in the State Government under this Chapter are transferred to the Central Government for entities it owns or controls, or jointly manages with State Governments, ensuring streamlined governance and compliance in inter-State transport operations.

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