Page 98 - The Motor Vehicles Act, 1988

84 THE MOTOR VEHICLES ACT, 1988 SECTION 99

(xxix) the licensing of agents engaged in the business of collecting for 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
1
[(xxxiia) framing of schemes under sub-section (3) of section 67;
(xxxiib) the promotion of effective competition, passenger convenience and safety,
competitive fares and prevention of overcrowding;]
(xxxiii) any other matter which is to be or may be prescribed.
CHAPTER VI
SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS
97. Definition
In this Chapter, unless the context otherwise requires, “road transport service”
means a service of motor vehicles carrying passengers or goods or both by road for hire
or reward.
98. Chapter to override Chapter V and other laws

The provisions of this Chapter and the rules and orders made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in Chapter V or
in any other law for the time being in force or in any instrument having effect by virtue
of any such law.
COMMENTS
It is not required that the route in respect of which a draft scheme for nationalisation is
prepared must be an existing route prior to the publication of the draft scheme. Whether the route
is not in existence at the time when the draft scheme is published or on the date of approval will
not make any difference. Where the route is nationalised on commissioning the route it will be
operated as nationalised route.—Kasaragode District Bus Owners’ Association v. State of Kerala
AIR 1991 Ker 139
It is necessary that State Transport Undertaking should operate to the exclusion, complete
or partial, of the other persons or otherwise, then it may formulate proposals regarding a scheme
giving particulars of the nature of the service prepared to be published in the Official Gazette.—
Kodali Kumara Swamy v. State of AP AIR 1992 AP 170
99. Preparation and publication of proposal regarding road transport service of
a State Transport Undertaking
2 [(1)] Where any State Government is of opinion that for the purpose of providing
an efficient, adequate, economical and properly co-ordinated 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

1 Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO
3110(E), dt. 28-8-2019.
2 Existing section 99 renumbered as sub-section (1) thereof by Act 54 of 1994, w.e.f. 14-11-1994.