(1) The State Government shall, by notification in the Official Gazette, constitute a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3). In a similar manner, the State Government shall constitute Regional Transport Authorities to exercise and discharge the powers and functions within specified areas (referred to as regions in this Chapter) as notified, in accordance with this Chapter. These Authorities will have the powers and functions conferred upon them under this Chapter:
Provided that in Union Territories, the Administrator may choose not to constitute any Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consist of:
- A Chairman with judicial experience or experience as an appellate, revisional, or adjudicating authority competent to pass orders or take decisions under any law, and
- In the case of a State Transport Authority, up to four other persons (whether officials or not), and in the case of a Regional Transport Authority, up to two other persons (whether officials or not), as appointed by the State Government.
However, no person with a financial interest, whether as proprietor, employee, or otherwise, in any transport undertaking shall be appointed or continue as a member of a State or Regional Transport Authority. If a member acquires such a financial interest, they must notify the State Government in writing within four weeks and vacate office.
Provided that a member of the State or Regional Transport Authority may preside over meetings during the absence of the Chairman, even if they lack judicial or appellate/revisional authority experience.
Provided further that the State Government may:
(i) Constitute the State Transport Authority or a Regional Transport Authority with only one member, who shall be an official with judicial, appellate, revisional, or adjudicating authority experience, if deemed necessary or expedient. (ii) Make rules for the transaction of business in the absence of the Chairman or any other member, specifying the circumstances and manner in which such business may be conducted.
Provided also that nothing in this sub-section shall prevent an official (not directly involved in the management or operation of a transport undertaking) from being appointed or continuing as a member, even if the government employing the official has or acquires a financial interest in a transport undertaking.
(3) The State Transport Authority and each Regional Transport Authority shall implement any directions issued under section 67. The State Transport Authority shall, subject to such directions and except as otherwise provided by or under this Act, exercise and discharge the following powers and functions throughout the State:
(a) Coordinate and regulate the activities and policies of the Regional Transport Authorities in the State; (b) Perform the duties of a Regional Transport Authority where no such Authority exists, or if required by a Regional Transport Authority, to perform duties related to any route common to two or more regions; (c) Settle disputes and decide matters of difference between Regional Transport Authorities; (d) Formulate routes for stage carriages; (e) Discharge such other functions as may be prescribed.
(4) For the purpose of exercising and discharging the powers and functions in sub-section (3), the State Transport Authority may issue directions to any Regional Transport Authority, subject to prescribed conditions. The Regional Transport Authority shall be guided by and give effect to such directions in the discharge of its functions under this Act.
(5) The State Transport Authority and any Regional Transport Authority, if authorized by rules made under section 96, may delegate its powers and functions to an authority or person, subject to prescribed restrictions, limitations, and conditions as set forth by those rules.
Simplified Explanation
Section 67 of the Motor Vehicles Act provides the State Government with the authority to regulate road transport within its jurisdiction to ensure safety, efficiency, and coordination. This power is particularly focused on controlling the operation of motor vehicles and managing road traffic conditions. Here’s a detailed breakdown of what this section entails:
Purpose and Scope
- Regulate Road Transport: The State Government can issue directives on how motor vehicles are operated within the state. This includes determining routes, managing frequencies, and ensuring that transport services meet the local demands and safety standards.
- Coordination of Transport Services: It aims to ensure that there’s minimal overlap and redundancy in transport services, promoting efficient use of road space and resources.
- Safety and Efficiency: The regulations are also meant to enhance safety for all road users and ensure that transport services are efficient and timely.
Powers Granted
- Granting Permits: The State Government can decide who can operate transport services, under what conditions, and on which routes.
- Setting Conditions for Transport Operations: This includes the ability to set fares, prescribe conditions for vehicles and drivers, and establish standards for the quality of service.
- Direct Control over Transport Vehicles: The state can control the age, condition, and types of vehicles that may be used in public transport to maintain safety standards and environmental compliance.
Implementation Mechanisms
- Formation of Authorities: The State Government may establish authorities or committees to oversee and implement transport regulations effectively.
- Consultation: Before making any regulations, the state usually consults with local bodies and stakeholders, such as transport operators and user groups, to ensure that the rules are practical and beneficial.
Impact on Public and Operators
- For Operators: Transport operators need to comply with the conditions set out by the state to obtain and maintain permits. Non-compliance can result in penalties or loss of the permit to operate.
- For the Public: These regulations aim to provide reliable, safe, and efficient transport services to the public, making road transport more organized and less chaotic.
Examples of State Control
- Restricting the number of autos in a congested area to reduce traffic.
- Regulating app-based cab services to ensure fair pricing and safety.
- Specifying bus routes that connect remote areas to main cities to ensure that all regions have access to transport facilities.
This section is crucial as it allows the State Government to tailor transport regulations that suit local needs and conditions, promoting an organized and efficient transportation system within the state.
