Page 71 - The Motor Vehicles Act, 1988

SECTION 18 THE MOTOR VEHICLES ACT, 1988 57

68. Transport authorities
(1) The State Government shall by notification in the Official Gazette, constitute
for the State a State Transport Authority to exercise and discharge the powers and
functions specified in sub-section (3), and shall in like manner constitute Regional
Transport Authorities to exercise and discharge throughout such areas (in this Chapter
referred to as regions) as may be specified in the notification in respect of each Regional
Transport Authority; the powers and functions conferred by or under this Chapter on
such Authorities:
PROVIDED that in the Union Territories, the Administrator may abstain from
constituting any Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consist of
a Chairman who has had judicial experience or experience as an appellate or a revisional
authority or as an adjudicating authority competent to pass any order or take any
decision under any law and in the case of a State Transport Authority, such other persons
(whether officials or not), not being more than four and, in the case of a Regional
Transport Authority, such other persons (whether officials or not), not being more than
two, as the State Government may think fit to appoint; but no person who has any
financial interest whether as proprietor, employee or otherwise in any transport
undertaking shall be appointed, or continue to be, a member of a State or Regional
Transport Authority, and, if any person being a member of any such Authority acquires
a financial interest in any transport undertaking, he shall within four weeks of so doing,
give notice in writing to the State Government of the acquisition of such interest and
shall vacate office:
PROVIDED that nothing in this sub-section shall prevent any of the members of
the State Authority or a Regional Transport Authority, as the case may be, to preside
over a meeting of such authority during the absence of the Chairman notwithstanding
that such member does not possess judicial experience or experience as an appellate or
a revisional authority or as an adjudicating authority competent to pass any order or
take any decision under any law:
PROVIDED FURTHER that the State Government may—
(i) where it considers necessary or expedient so to do, constitute the State
Transport Authority or a Regional Transport Authority for any region so
as to consist of only one member who shall be an official with judicial
experience or experience as an appellate or a revisional authority or as an
adjudicating authority competent to pass any order or take any decision
under any law;
(ii) by rules made in this behalf, provide for the transaction of business of
such authorities in the absence of the Chairman or any other member and
specify the circumstances under which, and the manner in which, such
business could be so transacted:
PROVIDED ALSO that nothing in this sub-section shall be construed as debarring
an official (other than an official connected directly with the management or operation
of a transport undertaking) from being appointed or continuing as a member of any
such authority merely by reason of the fact that the government employing the official
has, or acquires, any financial interest in a transport undertaking.