Section 97. Definition.

Q: What is meant by "road transport service" according to Section 97 of the law?


A: According to Section 97, "road transport service" refers to the use of motor vehicles to carry passengers, goods, or both, for hire or reward.


Q: How does Section 97 define "road transport service"?


A: Section 97 Motor Vehicles Act , defines "road transport service" as the operation of motor vehicles for the purpose of transporting passengers, goods, or both, in exchange for payment.


Q: What is the definition of "road transport service" in the context of Chapter [Number] of the law?


A: In Chapter [Number], "road transport service" is defined as the provision of motor vehicle transportation for passengers, goods, or both, for a fee.


Q: Can you explain the meaning of "road transport service" as outlined in Section 97 of the law?


A: According to Section 97, "road transport service" refers specifically to the use of motor vehicles to transport passengers or goods, or both, for monetary compensation.


Q: What constitutes a "road transport service" under the legal framework of Chapter [Number]?


A: Under Chapter [Number], a "road transport service" encompasses the operation of motor vehicles that transport passengers, goods, or both, for hire or reward.


Section 98. Chapter to override Chapter V and other laws.

Q: What does Section 98 state regarding Chapter V and other laws?


A: Section 98 asserts that the provisions within this Chapter, along with its accompanying rules and orders, hold authority despite any conflicting provisions found in Chapter V or any other current laws.


Q: According to Section 98, how are the provisions of this Chapter affected by Chapter V and other existing laws?


A: Section 98 clarifies that the rules and orders under this Chapter remain effective regardless of any contradictions with Chapter V or other laws presently in force.


Q: Can you explain the impact of Section 98 on Chapter V and other laws mentioned in the legal framework?


A: Section 98 specifies that the provisions, rules, and orders established under this Chapter take precedence over any conflicting provisions found in Chapter V or other prevailing laws.


Q: What is the significance of Section 98 in relation to Chapter V and other concurrent laws?


A: Section 98 is significant as it ensures that the provisions and regulations outlined in this Chapter, alongside its rules and orders, supersede any inconsistent provisions found in Chapter V or other prevailing laws.


Q: How does Section 98 affect the applicability of Chapter V and other laws within the legal context?


A: Section 98 dictates that despite any conflicting provisions in Chapter V or other current laws, the provisions and regulations established in this Chapter, along with its rules and orders, remain enforceable.


Section 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking.

Q: What does Section 99 entail regarding the preparation and publication of proposals concerning road transport services by a State transport undertaking?


A: Section 99 empowers a State Government to propose schemes for organizing road transport services under State control, detailing the services, areas, routes, and other relevant particulars. The proposal must be published in the Official Gazette of the State and at least one regional language newspaper circulating in the affected area.


Q: How does Section 99 define the process for a State Government to propose schemes for road transport services?


A: Section 99 outlines that a State Government can propose schemes to operate road transport services, specifying the nature of services, areas or routes to be covered, and other relevant details. The proposal must be published in the Official Gazette of the State and in a regional language newspaper circulating in the proposed area.


Q: Can you explain the purpose of Section 99 in relation to the operation of road transport services by State transport undertakings?


A: Section 99 allows State Governments to formulate proposals for organizing road transport services under their control. These proposals detail the type of services, specific areas or routes, and other pertinent information, published in the Official Gazette and a regional newspaper.


Q: What are the requirements for publishing a proposal under Section 99 of the law?


A: Section 99 mandates that a State Government's proposal for organizing road transport services must be published in the Official Gazette of the State and in at least one regional language newspaper circulating in the relevant area or route.


Q: How does Section 99 impact the issuance of permits for road transport services during the proposal stage?


A: According to Section 99, once a proposal is published, no new permits for road transport services will be granted, except temporary permits that are valid until either one year from issuance or until the final publication of the scheme under Section 100, whichever is earlier.


Section 100. Objection to the proposal.

Q: What does Section 100 entail regarding objections to proposals for road transport schemes?


A: Section 100 allows any person to file objections within thirty days of a proposal's publication in the Official Gazette and a regional newspaper regarding road transport schemes. The State Government considers these objections, providing an opportunity for the objector and representatives of the State transport undertaking to be heard, and may approve or modify the proposal accordingly.


Q: How does Section 100 outline the process for objections to road transport scheme proposals?


A: Section 100 mandates that objections to road transport scheme proposals must be filed within thirty days of their publication in the Official Gazette and a regional language newspaper. The State Government reviews objections, offering a hearing to the objector and the State transport undertaking's representatives, and subsequently approves or modifies the proposal.


Q: Can you explain the procedure for approval of road transport schemes under Section 100?


A: According to Section 100, upon filing objections to a road transport scheme proposal within thirty days of its publication, the State Government reviews these objections. After giving an opportunity for both the objector and representatives of the State transport undertaking to be heard, the State Government may approve or modify the proposal. The approved scheme is then published in the Official Gazette and a regional newspaper, becoming final upon publication.


Q: What happens if a road transport scheme proposal is not published as an approved scheme within one year?


A: Section 100 states that if a road transport scheme proposal is not published as an approved scheme in the Official Gazette within one year from its initial publication in the Official Gazette under subsection (1), the proposal is considered lapsed. This period excludes any delays due to court orders staying publication.


Q: How does Section 100 address objections and approvals for road transport schemes concerning inter-State routes?


A: Section 100 specifies that any road transport scheme related to inter-State routes requires prior approval from the Central Government to be deemed an approved scheme. This ensures compliance with federal considerations in such transport schemes.


Section 101. Operation of additional services by a State transport undertaking in certain circumstances.

Q: What does Section 101 allow regarding the operation of additional services by a State transport undertaking?


A: Section 101 permits a State transport undertaking to operate additional services, disregarding the restrictions outlined in Section 87, in the public interest. These services are typically for transporting passengers on special occasions, such as to and from fairs and religious gatherings.


Q: How does Section 101 affect the operation of additional services by State transport undertakings?


A: Section 101 grants State transport undertakings the authority to operate additional services for transporting passengers on special occasions, despite the limitations specified in Section 87, when it serves the public interest.


Q: Can you explain the provisions of Section 101 regarding the operation of additional services by State transport undertakings?


A: According to Section 101, State transport undertakings are allowed to operate additional services for transporting passengers on special occasions, like fairs and religious gatherings, even if it contradicts the regulations in Section 87. However, they must promptly inform the relevant Transport Authority about such operations.


Q: Under what circumstances can a State transport undertaking operate additional services according to Section 101?


A: Section 101 permits State transport undertakings to operate additional services for transporting passengers on special occasions, such as trips to and from fairs or religious events, in the interest of the public.


Q: How does Section 101 impact the notification requirement for State transport undertakings?


A: Section 101 mandates that State transport undertakings must promptly notify the concerned Transport Authority about the operation of additional services, even if it involves bypassing the restrictions outlined in Section 87, ensuring transparency and regulatory compliance.


Section 102. Cancellation or modification of scheme.

Q: What does Section 102 allow regarding the cancellation or modification of schemes by the State Government?


A: Section 102 grants the State Government the authority to cancel or modify any approved scheme at any time if it deems necessary in the public interest. Before making modifications, the State Government must provide the State transport undertaking and any affected parties an opportunity to be heard.


Q: How does Section 102 outline the process for modifying approved schemes?


A: According to Section 102, the State Government can propose modifications to approved schemes after giving the State transport undertaking and other affected parties an opportunity to express their views. The proposed modifications must be published in the Official Gazette and a regional newspaper, specifying a period of at least thirty days for receiving representations.


Q: Can you explain the criteria under which the State Government can cancel or modify schemes according to Section 102?


A: Section 102 allows the State Government to cancel or modify approved schemes if it determines that such actions are necessary in the public interest. Before implementing modifications, the State Government must provide an opportunity for the State transport undertaking and other potentially affected parties to voice their opinions.


Q: What are the procedural requirements for proposing modifications under Section 102?


A: Section 102 mandates that any proposed modifications to approved schemes by the State Government must be published in the Official Gazette and a regional language newspaper. This publication must include details such as the proposed modification's specifics, the timeframe for submitting representations, and the venue for hearings.


Q: How does Section 102 ensure transparency in the modification process of approved schemes?


A: Section 102 ensures transparency by requiring the State Government to publish proposed modifications to approved schemes in the Official Gazette and a regional newspaper. This allows affected parties, including the State transport undertaking, an opportunity to participate in hearings and express their views before any changes are finalized.


You can also learn about :

Special Provisions Relating to State Transport Undertakings section- 103 to 108



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