Special Provisions Relating to State Transport Undertakings in Rajasthan
Q: What is the definition of "Managing Director" as per this Chapter?
A:
- The "Managing Director" refers to the Managing Director of the Rajasthan State Road Transport Corporation. It also includes any officer authorized by the State Government or the Corporation to perform the functions of the Managing Director.
Q: What does the term "Scheme" mean in this context in Rajasthan?
A:
- "Scheme" means a scheme framed in pursuance of Section 99 of the Act.
Q: What is meant by "State Transport Undertaking"?
A:
- "State Transport Undertaking" means the Rajasthan State Road Transport Corporation established under Section 3 of the Road Transport Corporation Act of 1950.
Q: What is the process for preparing a scheme in Rajasthan?
A:
- 1. The State Government may request information from the Rajasthan State Transport Undertaking to formulate a proposal regarding the scheme under Section 99 of the Act.
- 2. The scheme must be published in Form R.S. 6.1 in the Official Gazette and at least one Hindi newspaper circulating in the proposed area or route.
Q: How can objections to the scheme be filed?
A:
- 1. Objections must be filed in the form of a memorandum in duplicate, setting out the grounds of objection, within 30 days of the scheme's publication in the Official Gazette.
- 2. The memorandum should be addressed to the Secretary to the Government of Rajasthan in the Transport Department and a copy sent to the Managing Director of the Concerned State Transport Enterprise.
- 3. The memorandum must include the objector's full name and address, details of any permit held, particulars of the route, and the manner in which the objector is affected by the scheme.
Q: What is the process for considering and disposing of objections?
A:
- 1. The objections will be considered by an officer authorized by order under the rules made by the Governor.
- 2. The officer will fix the date, time, and place for the hearing and issue a notice in the Official Gazette. This notice will be considered personal service on the parties.
- 3. The notice must be published at least 30 days before the hearing.
- 4. No objector is entitled to be heard unless objections are made in accordance with these rules.
- 5. After hearing the objections, the officer will decide whether the scheme should be approved or modified as deemed proper.
Q: How is an approved or modified scheme published in Rajasthan?
A:
- The approved or modified scheme shall be published in the Official Gazette and at least one Hindi newspaper circulating in the area or route covered by the scheme in Form R.S. 6.2.
Q: What are the consequences of the scheme's publication in Rajasthan?
A:
- 1. Upon publication, no person other than the State Transport Undertaking, either singly or in conjunction with other State Transport Undertakings, shall be entitled to a permit under Chapter V of the Act for the notified route or area.
- 2. The Managing Director must communicate the published scheme to the Regional Transport Authorities, which shall give effect to the approved scheme immediately.
Q: What is the procedure for applying for a permit under Section 103?
A:
- 1. Applications for a Stage Carriage permit must be made in Form R.S. 5.2, and for a Contract Carriage permit in Form R.S. 5.3.
- 2. The State Transport Authority or the Regional Transport Authority shall ensure that the application pertains to the notified area or route specified in the approved scheme and issue permits accordingly.
Q: Is it permissible to contravene the approved scheme in Rajasthan?
A:
- 1. No person shall use or cause to be used a transport vehicle on the notified route or area in contravention of the approved scheme.
- 2. Exceptions apply for emergencies such as sickness, injury, transporting a dead body, or medical aid. In such cases, the vehicle operator must report the use to the Registering Authority within seven days.
Q: What actions must the Regional Transport Authority take to give effect to an approved scheme?
A:
- 1. The Regional Transport Authority must immediately cancel, modify, refuse to renew, or make ineffective the existing permits related to the notified route or portion thereof.
- 2. Notices regarding these actions must be served to the holders of the affected permits.
- 3. Proceedings under these rules are not subject to the provisions of Chapter V of the Act or the Rules made thereunder.
Q: What is the procedure for disposing of articles found in a transport vehicle?
A:
- 1. Owners of articles left in any transport vehicle operated by the State Transport Undertaking have up to 15 days to claim their property.
- 2. If an article is not claimed within this period, the State Transport Undertaking may sell it by public auction.
- 3. A notice of the auction must be displayed 15 days before the auction date on the notice board at the auction location and published in local newspapers.
- 4. Articles that are perishable or hazardous may be disposed of immediately by the State Transport Undertaking as necessary, without following the above auction procedure.
Q: How should an order under Chapter VI of the Act be served?
A:
- 1. An order under Chapter VI of the Act should be served by one of the following methods:
- 2. By delivering a copy to the person or their agent directly.
- 3. By sending it via registered post to the last known address of the person.
- 4. By fixing a copy of the order at a conspicuous place at the last known residence or place of business if the above methods are impractical.
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