(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:—
(i) The period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them;
(ii) The conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which, and the manner in which, business could be so conducted;
(iii) The conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals, and the refund of such fees;
(iv) The forms to be used for the purposes of this Chapter, including the forms of permits;
(v) The issue of copies of permits in place of permits lost, destroyed, or mutilated;
(vi) The documents, plates, and marks to be carried by transport vehicles, the manner in which they are to be carried, and the languages in which any such documents are to be expressed;
(vii) The fees to be paid in respect of applications for permits, duplicate permits, and plates;
(viii) The exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter;
(ix) The custody, production, and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled;
(x) The conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature;
(xi) The conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature;
(xii) The conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67;
(xiii) The authorities to whom, the time within which, and the manner in which appeals may be made;
(xiv) The construction and fittings of, and the equipment to be carried by, stage and contract carriages, whether generally or in specified areas;
(xv) The determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried;
(xvi) The conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers;
(xvii) The safe custody and disposal of property left in a stage or contract carriage;
(xviii) Regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such color or manner as to induce any person to believe that the vehicle is used for the transport of mails;
(xix) The conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriages if used for such purposes;
(xx) The provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining, testing, and sealing taxi meters;
(xxi) Prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place;
(xxii) The requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition;
(xxiii) The regulation of motor cab ranks;
(xxiv) Requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward;
(xxv) Authorizing specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business;
(xxvi) Requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare;
(xxvii) The conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried;
(xxviii) The licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles;
(xxix) The licensing of agents engaged in the business of collecting, forwarding, and distributing goods carried by goods carriages;
(xxx) The inspection of transport vehicles and their contents and of the permits relating to them;
(xxxi) The carriage of persons other than the driver in goods carriages;
(xxxii) The records to be maintained and the returns to be furnished by the owners of transport vehicles; and
(xxxiii) Any other matter which is to be or may be prescribed.
Simplified Explanation
Section 96 of the Motor Vehicles Act grants state governments the authority to formulate and enforce rules necessary for implementing the provisions of the chapter concerning transport vehicles. This legal empowerment is crucial as it allows states to tailor regulations to meet local transportation needs and challenges effectively.
Key Aspects of State Government Rule-Making Authority
- Comprehensive Coverage: This section covers all aspects necessary for the administration and regulation of transport vehicles within the state. It includes provisions related to permits, operation standards, vehicle conditions, and driver requirements.
- Rule-Making Scope:
- Permits: Rules can specify the application process, conditions for issuance, renewal, transfer, and revocation of permits for various types of vehicles like taxis, buses, and goods carriers.
- Safety and Environmental Standards: Establishing rules for vehicle maintenance, emissions, and safety equipment to ensure that vehicles are safe for passengers and environmentally friendly.
- Driver Regulations: Defining qualifications, training, and conduct standards for drivers to promote safe and responsible driving practices.
- Fare and Freight Regulations: Setting guidelines for the calculation and collection of fares and freight charges, ensuring they are reasonable and transparent.
Procedures for Rule-Making
- Consultative Approach: The state government typically involves stakeholders such as transport operators, consumer advocacy groups, and experts in discussions to draft effective and practical regulations.
- Publication and Feedback: Draft rules are usually published to allow public comment, ensuring that the community has a voice in the regulatory process.
- Legal Validation: Rules must be consistent with the national framework set by the Motor Vehicles Act and other relevant laws to ensure they are legally enforceable.
Legal and Regulatory Framework
- Enforcement: The state transport departments and regional authorities are responsible for enforcing these rules, which may involve inspections, audits, and penalties for non-compliance.
- Penalties: Specifies penalties for violations of the rules, which can include fines, permit suspension, or other legal actions.
Impact on Stakeholders
- For Transport Operators: Provides clear regulatory guidelines to follow, helping operators manage their responsibilities and reduce the risk of legal issues.
- For Passengers and General Public: Ensures higher standards of safety, reliability, and fairness in transport services, enhancing public confidence in the transportation system.
- For State Governments: Enables local governments to address specific transport challenges and needs effectively, promoting better urban and rural connectivity.
Section 96 is a pivotal provision that supports the localized governance of transport services, allowing state governments to establish detailed and responsive regulations that enhance the safety, efficiency, and effectiveness of transportation systems across diverse regional landscapes.
