Power to State Government to control road transport

Section 67 of the Motor Vehicles Act deals with power to State Government to control road transport. A State Government, having regard to- (a) the advantages offered to the public, trade and industry by the development of motor transport, (b) the desirability of co-ordinating road and rail transport, (c) the desirability of preventing the deterioration of the road system, and (d) the desirability o

(1) A State Government, having regard to- (a) the advantages offered to the public, trade and industry by the development of motor transport, (b) the desirability of co-ordinating road and rail transport, (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among holders of permits, may, from time to time, by notification in the Official Gazette, issue directions both to the State Transport Authority and Regional Transport Authority- (i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages; 1. Clause (h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11-8-2000). 2. Clause (I) omitted by Act 39 of 2001, s. 2 (w.e.f. 27-9-2001).

(ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods by goods carriages;

(iii) regarding any other matter which may appear to the State Government necessary or expedient for giving effect to any agreement entered into with the Central Government or any other State Government or the Government of any other country relating to the regulation of motor transport generally, and in particular to its coordination with other means of transport and the conveying of long distance goods traffic:

Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed directions is published in the Official Gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard.

(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods.

Section 67, The Motor Vehicles Act (Act 59 of 1988).