Page 100 - The Motor Vehicles Act, 1988

86 THE MOTOR VEHICLES ACT, 1988 SECTION 103

COMMENTS
Simply because one is the member of the Board of Directors and getting some remuneration
for attending the meeting of the Board of Directors would not lead to the inference that he has
some bias so as to disqualify him from hearing the objection.—R.H. Goyal v. State of Rajasthan
1993 (2) All 193
Upon the publication of the scheme in relation to any area or route or position thereof
whether to the exclusion complete or partial of other persons or otherwise no person other than
the State Transport Undertaking may operate on the notified area or notified route except as
provided under the scheme itself.—S. Kanagaraj v. Govt. of Tamil Nadu AIR 1991 Mad 182
There can be a modification or cancellation of a scheme immediately after its publication.—
K.N. Hiremath v. State of Karnataka AIR 1989 Kar 315
101. Operation of additional services by a State Transport Undertaking in certain
circumstances
Notwithstanding anything contained in section 87, a State Transport Undertaking
may, in the public interest operate additional services for the conveyance of the
passengers on special occasions such as to and from fairs and religious gatherings:
PROVIDED that the State Transport Undertaking shall inform about the operation
of such additional service to the concerned transport authority without delay.
102. Cancellation or modification of scheme
(1) The State Government may, at any time, if it considers necessary, in the public
interest so to do, 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.
103. Issue of permits to State Transport Undertakings
(1) Where, in pursuance of an approved scheme, any State Transport Undertaking
applies in such manner as may be prescribed by the State Government in this behalf for
a stage carriage permit or a good carriage permit or a contract carriage permit in respect
of a notified area or notified route, the State Transport Authority in any case where the
said area or route lies in more than one region and the Regional Transport Authority in
any other case shall issue such permit to the State Transport Undertaking,
notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a notified
area or notified route, the State Transport Authority or, as the case may be, the Regional
Transport Authority concerned may, by order—
(a) refuse to entertain any application for the grant or renewal of any other
permit or reject any such application as may be pending;