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MVA, 1988
Start Practicing
MVAChapter VISection 100
Section100

Objection to the proposal

AI Assist

Summary

After publication in the Official Gazette and a regional newspaper, any person may object to the State Government within 30 days of the Gazette date. The State Government must consider objections, hear the objector and the State transport undertaking, and may approve or modify the proposal. The approved scheme is then published in the Gazette and becomes final and the route is notified. Inter-State routes need Central approval; if no approved scheme is gazetted within one year the proposal lapses (court stay periods excluded).

Example

Priya reads a proposed bus-route scheme in the Official Gazette that would remove her neighbourhood stop. She files an objection with the State Government within 30 days of the Gazette date. The State Government hears Priya and the State transport undertaking, modifies the route to keep the stop, publishes the approved scheme in the Gazette, and the route becomes notified.

Bare Act

Enacted text

(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 a 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.

ExplanationsIn 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.

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VI

Chapter VI

Special Provisions Relating to State Transport Undertakings

In this chapter

  • 97Definition
  • 98Chapter to override Chapter V and other laws
  • 99Preparation and publication of proposal regarding road transport service of a State transport undertaking
  • 100Objection to the proposal
  • 101Operation of additional services by a State transport undertaking in certain circumstances
  • 102Cancellation or modification of scheme
  • 103Issue of permits to State transport undertakings
  • 104Restriction on grant of permits in respect of a notified area or notified route
  • 105Principles and method of determining compensation and payment thereof
  • 106Disposal of article found in vehicles
  • 107Power of State Government to make rules
  • 108Certain powers of State Government exercisable by the Central Government
Previous · Section 99Preparation and publication of proposal regarding road transport service of a State transport undertakingNext · Section 101Operation of additional services by a State transport undertaking in certain circumstances