Page 72 - The Motor Vehicles Act, 1988
P. 72

58  THE MOTOR VEHICLES ACT, 1988                               SECTION 69

                               (3) The State Transport Authority and every Regional Transport Authority shall
                          give effect to any directions issued under section 67 and the State Transport Authority
                          shall, subject to such directions and save as otherwise provided by or under this Act,
                          exercise and discharge throughout the State the following powers and functions,
                          namely:—
                                 (a) to co-ordinate and regulate the activities and policies of the Regional
                                     Transport Authorities, if any, of the State;
                                 (b) to perform the duties of a Regional Transport Authority where there is no
                                     such Authority and, if it thinks fit or if so required by a Regional Transport
                                     Authority, to perform those duties in respect of any route common to two
                                     or more regions;
                                 (c) to settle all disputes and decide all matters on which differences of opinion
                                     arise between Regional Transport Authorities;
                               1 [(ca) government to formulate routes for plying stage carriages; and]
                                 (d) to discharge such other functions as may be prescribed.
                               (4) For the purpose of exercising and discharging the powers and functions
                          specified in sub-section (3), a State Transport Authority may, subject to such conditions
                          as may be prescribed, issue directions to any Regional Transport Authority, and the
                          Regional Transport Authority shall, in a discharge of its functions under this Act, give
                          effect to and be guided by such directions.
                               (5) The State Transport Authority and any Regional Transport Authority, if
                          authorised in this behalf by rules made under section 96, may delegate such of its powers
                          and functions to such authority or person subject to such restrictions, limitations and
                          conditions as may be prescribed by the said rules.

                                                         COMMENT
                               Transport Authority is not authorised to create new routes and permits granted, if any, are
                          invalid for all purposes.—Zamindara Motor Transport Co-operative Society v. RTA, Bikaner &
                          Ors., 1999 (1) WLC (Raj.) 348
                          69. General provision as to application for  permits
                               (1) Every application for a permit shall be made to the Regional Transport Authority
                          of the region in which it is proposed to use the vehicle or vehicles:
                               PROVIDED that if it is proposed to use the vehicle or vehicles in two or more
                          regions lying within the same State, the application shall be made to the Regional
                          Transport Authority of the region in which the major portion of the proposed route or
                          area lies, and in case the portion of the proposed route or area in each of the regions is
                          approximately equal, to the Regional Transport Authority of the region in which it is
                          proposed to keep the vehicle or vehicles:
                               PROVIDED FURTHER that if it is proposed to use the vehicle or vehicles in two
                          or more regions lying in different States, the application shall be made to the Regional
                          Transport Authority of the region in which the applicant resides or has his principal
                          place of business.


                          1   Inserted by Act 54 of 1994, w.e.f. 14-11-1994.
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