Page 99 - The Motor Vehicles Act, 1988

SECTION 100 THE MOTOR VEHICLES ACT, 1988 85

or partial, of other persons or otherwise, the State Government may formulate a proposal
regarding a scheme giving particulars of the nature of the service 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 deem fit.
1 [(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.]
100. Objection to the proposal
(1) On the publication of any proposal regarding a scheme in the Official Gazette
and in not less than one newspaper in the regional language circulating in the area or
route which is to be covered by such proposal any person may, within thirty days from
the date of its publication in the Official Gazette, file objections to it before the State
Government.
(2) The State Government may, after considering the objections and after giving
an opportunity to the objector or his representatives and the representatives of the State
Transport Undertaking to be heard in the matter, if they so desire, approve or modify
such proposal.
(3) The scheme relating to the proposal as approved or modified under sub-section
(2) shall then be published in the Official Gazette by the State Government making
such scheme and in not less than one newspaper in the regional language circulating in
the area or route covered by such scheme and the same shall thereupon become final
on the date of its publication in the Official Gazette and shall be called the approved
scheme and the area or route to which it relates shall be called the notified area or
notified route:
PROVIDED that no such scheme which relates to any inter-State route shall be
deemed to be an approved scheme unless it has the previous approval of the Central
Government.
(4) Notwithstanding anything contained in this section, where the scheme is not
published as an approved scheme under sub-section (3) in the Official Gazette within a
period of one year from the date of publication of the proposal regarding the scheme in
the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed.
Explanation : In computing the period of one year referred to in this sub-section,
any period or periods during which the publication of the approved scheme under sub-
section (3) was held up on account of any stay or injunction by the order of any court
shall be excluded.

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