(1) The State Government may, at any time, if it considers necessary, in the public interest, modify any approved scheme after giving—
(i) The State transport undertaking; and
(ii) Any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification,
an opportunity of being heard in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
Simplified Explanation
Section 102 of the Motor Vehicles Act grants the state government the authority to cancel or modify any transport scheme related to road transport services that has been previously notified under the Act. This provision is essential for ensuring that transport services can be adapted over time to meet changing public needs, economic conditions, or policy objectives.
Key Aspects of Section 102
- State Government Authority:
- The state government can modify or cancel any transport scheme that was implemented under Chapter VI, which primarily deals with State Transport Undertakings (STUs) and their operations. This allows the government to make adjustments if the scheme is no longer serving its intended purpose or if circumstances have changed.
- Reasons for Modification or Cancellation:
- Changing Public Needs: A scheme may need to be updated if population growth, urban expansion, or changing travel patterns require different or expanded transport services.
- Economic or Policy Shifts: New government policies, budget constraints, or economic conditions may necessitate changes to the way transport services are provided.
- Operational Inefficiencies: If a transport scheme is not performing as expected, the government may cancel or modify it to improve efficiency or reduce costs.
- Public Safety: Safety concerns may prompt a scheme’s modification or cancellation to enhance road safety or protect passengers and the public.
- Publication of Changes:
- Any decision to cancel or modify a scheme must be published by the state government, usually in the official state gazette, so that the public and relevant stakeholders are informed.
- The publication ensures transparency in the decision-making process, and the new or updated scheme must follow the same notification procedures as the original scheme.
- Public Consultation (Optional):
- While Section 102 does not mandate a public consultation process for modifications or cancellations, the state government may consider feedback from stakeholders, such as transport operators, passengers, and local authorities, before making a final decision.
Legal Framework and Procedures
- No Requirement for Objections:
- Unlike the introduction of a new transport scheme (where objections from stakeholders can be raised under Sections 99 and 100), Section 102 does not require the government to invite or consider objections before modifying or cancelling an existing scheme. However, the government typically reviews relevant data or feedback before taking such actions.
- Final Decision:
- Once the government has made its decision to cancel or modify a scheme, the changes are legally binding. Transport operators, authorities, and the public must comply with the revised scheme.
Impact on Stakeholders
- For the State Government:
- This section provides the government with flexibility in transport planning, enabling it to adapt schemes in response to evolving needs or policy objectives.
- For State Transport Undertakings (STUs):
- STUs may be directly affected by modifications, as their operational routes, service structures, or funding could change. They must adjust their services according to the revised or cancelled scheme.
- For Private Transport Operators:
- Private operators may see changes in competition or demand as a result of modifications to state-run transport schemes. If a scheme is cancelled or reduced, private operators could see increased opportunities, while expansion of public services might lead to more competition.
- For the Public:
- Passengers and communities may experience changes in their access to transport services. If a scheme is modified to increase routes or services, accessibility improves. If it is cancelled or reduced, some areas might lose service coverage or see changes in fares and service quality.
Example of Application
Suppose a state government introduces a public bus service scheme in a metropolitan area but finds, after a few years, that the routes and schedules are not meeting the needs of passengers due to changes in population density or travel patterns. Under Section 102, the state government can modify the scheme by adjusting routes, increasing or decreasing the frequency of services, or even cancelling certain services that are no longer viable.In summary, Section 102 of the Motor Vehicles Act provides state governments with the flexibility to cancel or modify previously notified transport schemes, allowing for the adjustment of public transport services to better meet changing needs, economic conditions, and policy priorities. This ensures that transport systems remain responsive, efficient, and aligned with public interests.
