(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 then 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 its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates 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 as an approved scheme 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 held up on account of any stay or injunction by the order of any court shall be excluded.
Simplified Explanation
Section 100 of the Motor Vehicles Act provides the framework for raising objections to proposals made by a state government regarding road transport services under Section 99. When a state publishes a proposal for expanding or modifying public transport services through a State Transport Undertaking (STU), Section 100 allows individuals or stakeholders, such as private transport operators or the general public, to voice their concerns or objections.
Key Aspects of Section 100
- Right to Object: After a proposal for new or modified road transport services is published by the state government under Section 99, any person or entity affected by the proposal has the right to object. This includes:
- Private Transport Operators: They may object if the proposal affects their business, especially if the state intends to take over routes previously managed by private operators.
- General Public: Passengers or local communities may object if they feel the proposal is insufficient or does not meet their needs.
- Other Stakeholders: This can include local governments, environmental groups, or businesses impacted by changes in transport routes.
- Time Frame for Objections:
- Objections must be submitted within a specified period after the proposal has been published. The exact time frame is determined by the state government and is typically mentioned in the publication of the proposal (usually around 30 days).
- Form of Objections:
- Objections must be submitted in writing, either directly to the state government or to the designated authority overseeing the proposal. The objection should clearly outline the reasons for the opposition to the proposal and any supporting arguments or evidence.
- Consideration of Objections:
- Once the objections are received, the state government is required to consider them before finalizing the proposal. This ensures that the decision-making process is transparent and takes into account the views of all stakeholders.
- The government may conduct public hearings or consultations to better understand the objections and make an informed decision.
- Resolution of Objections:
- After reviewing the objections, the state government can decide to:
- Modify the Proposal: If the objections are valid, the government may change aspects of the proposal to address the concerns raised.
- Reject the Objections: If the government finds the objections to be without merit, it may proceed with the proposal as originally planned.
- Accept the Objections in Full or in Part: The government may accept some objections and modify the proposal accordingly.
- After reviewing the objections, the state government can decide to:
Legal and Regulatory Implications
- Transparency and Accountability: Section 100 promotes transparency by ensuring that affected parties have a chance to raise concerns before a transport proposal is implemented. It also holds the government accountable to the public and other stakeholders.
- Balancing Public and Private Interests: This section allows for a balance between the state’s responsibility to improve public transport and the interests of private operators and local communities.
Impact on Stakeholders
- For Private Transport Operators: Provides a formal avenue for them to challenge proposals that could negatively affect their business, such as a state’s takeover of routes or competition with state-operated services.
- For the Public: Ensures that passengers and local communities can voice concerns if the proposed transport services are not sufficient, do not meet local needs, or have other negative impacts.
- For State Governments: Encourages the state to design better and more inclusive transport proposals by considering feedback from various stakeholders.
Example of Application
Imagine a state proposes to take over a popular bus route currently operated by private transport companies and introduce a public bus service under the State Transport Undertaking. The private operators could submit objections within the prescribed time frame, arguing that the proposal could harm their business and offering suggestions for alternative solutions, such as co-existing services. The government would then have to review these objections before making a final decision.
In summary, Section 100 provides an essential mechanism for stakeholders to object to proposals for new or modified road transport services. It ensures that the state government considers these objections, fostering transparency and fairness in the process of expanding or altering public transport systems.
