Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest, operate additional services for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings:
Provided that the State transport undertaking shall inform the concerned Transport Authority about the operation of such additional services without delay.
Simplified Explanation
Section 101 of the Motor Vehicles Act empowers a State Transport Undertaking (STU) to operate additional transport services under specific circumstances. This provision ensures that state-run transportation services can adapt quickly to urgent or increased demand without going through the lengthy approval processes typically required for new routes or services.
Key Aspects of Section 101
- Circumstances for Additional Services:
- Sudden Demand: The state government, through the STU, can provide extra transport services in response to unforeseen circumstances, such as:
- Special events (e.g., festivals, political rallies, public gatherings).
- Emergencies (natural disasters, strikes, or other disruptions).
- Seasonal demand spikes (e.g., holidays or harvest seasons).
- Temporary Situations: These additional services are typically temporary and intended to meet a specific, short-term demand rather than being permanent changes to the transportation system.
- Sudden Demand: The state government, through the STU, can provide extra transport services in response to unforeseen circumstances, such as:
- No Need for Formal Procedures:
- Under normal circumstances, introducing new transport services involves a formal proposal process with public notice and the opportunity for objections (as detailed in Sections 99 and 100). However, Section 101 allows the STU to bypass these formalities when additional services are urgently required.
- This ensures quick and flexible responses to the needs of the public without the delays associated with regular approval procedures.
- Temporary Permits:
- The additional services introduced under Section 101 may operate using temporary permits or special permissions. These permits are only valid for the period during which the additional services are required.
- State Government Approval:
- Although formal procedures are bypassed, the decision to introduce additional services must still be approved by the state government. This ensures that such services are implemented with oversight and align with public interest.
Regulatory Compliance
- Service Continuation: The operation of additional services must comply with all existing safety, maintenance, and operational standards, even though the process of initiating these services is expedited.
- Duration of Services: The additional services are typically limited in duration, lasting only as long as necessary to address the temporary demand. Once the situation returns to normal, the additional services may be discontinued.
Impact on Stakeholders
- For the Public: This provision ensures that the public has access to sufficient transportation services during times of high demand or emergency. It helps prevent overcrowding and ensures mobility when it is most needed.
- For the State Transport Undertaking (STU): STUs are empowered to quickly respond to public needs, making them more adaptable and efficient. They can introduce extra services without waiting for long procedural approvals.
- For Private Transport Operators: Private operators may see competition from these temporary services, especially in areas where they usually dominate. However, the temporary nature of these services means that they do not permanently disrupt regular operations.
- For Regulatory Authorities: This section allows regulatory authorities to maintain flexibility and adaptability in managing public transportation, especially in emergencies or situations of urgent public interest.
Example of Application
Imagine a state experiences a sudden surge in passengers due to a major festival attracting large crowds to a city. The State Transport Undertaking can immediately introduce additional buses and services to handle the influx of passengers without needing to go through the usual procedures for permit approval. These additional services would operate for the duration of the festival and then cease once demand normalizes.
In summary, Section 101 empowers State Transport Undertakings to quickly introduce additional transport services when necessary to meet short-term or emergency demands. This ensures that the public has access to adequate transportation during special events, emergencies, or other situations that require a temporary boost in transport capacity.