(1) Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical, and properly coordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered, and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deems fit.
(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue or till the date of final publication of the scheme under section 100, whichever is earlier.
Simplified Explanation
Section 99 of the Motor Vehicles Act grants authority to state governments to prepare and publish proposals for creating or expanding road transport services operated by State Transport Undertakings (STUs). These state-owned entities are responsible for providing public transportation services like buses and other road transport options for passengers. This section lays out the steps for the preparation, publication, and implementation of such proposals, ensuring that the process is transparent and accountable.
Key Aspects of Section 99
- State Transport Undertakings (STUs): These are government-owned or operated organizations that provide road transport services. The proposal under this section refers to a plan for starting new transport services, modifying existing routes, or taking over transport operations.
- Preparation of Proposal:
- The state government, through the STU, prepares a detailed proposal for introducing new or improved road transport services. The proposal may involve the development of new routes, modification of current routes, or expanding services in underserved or unserved areas.
- The proposal can also include plans to take over private bus services in certain regions or routes, converting them into state-operated services.
- Objectives:
- The main aim of the proposal is to ensure efficient, affordable, and reliable public transport services for passengers.
- It may address issues like improving transportation accessibility in rural or remote areas, reducing traffic congestion, or transitioning to environmentally friendly modes of transport.
- Publication of Proposal:
- After drafting the proposal, the state government must publish it for public knowledge. This is typically done in the official state gazette and possibly other local newspapers or public forums.
- The purpose of publication is to ensure transparency, allowing the public and stakeholders to be informed about the changes or additions to the state’s transport services.
- Invitation for Objections or Suggestions:
- Once the proposal is published, the public is given a specified period to submit objections, suggestions, or feedback regarding the proposal.
- This consultation process ensures that the public, private transport operators, and other stakeholders have the opportunity to raise concerns or offer input before the proposal is finalized.
- Finalization of Proposal:
- After considering any objections or suggestions, the state government may modify the proposal as needed.
- Once finalized, the state government will implement the proposed changes through official notifications and operational planning by the State Transport Undertaking.
Legal and Regulatory Framework
- State Authority: This section provides states with the legal authority to manage and control public transport services within their jurisdiction. It allows state governments to make decisions in the public interest regarding the expansion or regulation of transport services.
- Public Transport Enhancement: By allowing the state to create new services or take over existing ones, Section 99 promotes the availability of reliable and state-controlled public transport, improving accessibility for citizens.
Impact on Stakeholders
- For the Public: Enhances access to affordable and reliable public transport services, especially in areas where private services may be inadequate or too costly. The public also has an opportunity to voice opinions through the consultation process.
- For Private Operators: Private transport operators may be affected if the state proposes to take over routes or services previously run by private entities. However, they have a chance to raise objections or negotiate during the public consultation process.
- For the State Government and STUs: This section gives the state the power to improve transportation networks, thereby addressing urban congestion, reducing environmental impact, or improving connectivity in rural or underserved regions.
Example of Application
Suppose a state wants to expand public bus services to connect rural areas with cities more efficiently. Under Section 99, the state government would prepare a detailed proposal outlining the new routes and services. This proposal would then be published, inviting public feedback. After considering any input, the state would implement the plan, allowing the State Transport Undertaking to start operating the new routes.
In summary, Section 99 empowers state governments to plan, propose, and execute improvements or expansions in road transport services through State Transport Undertakings, ensuring that these plans are transparent, open to public input, and aimed at improving transportation access and efficiency.
