Section 68:
Transport Authorities.
(1) The State Government shall, by notification in the Official Gazette,
constitute for the State a State Transport Authority to exercise and discharge the powers and functions
specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise
and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the
notification, in respect of each Regional Transport Authority; the powers and functions conferred by or
under this Chapter on such Authorities:
Provided that in the Union territories, the Administrator may abstain from constituting any Regional
Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who
has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating
authority competent to pass any order or take any decision under any law and in the case of a State
Transport Authority, such other persons (whether officials or not), not being more than four and, in the
case of a Regional Transport Authority, such other persons (whether officials or not), not being more than
two, as the State Government may think fit to appoint; but no person who has any financial interest
whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of a State or Regional Transport Authority, and, if any person being a member of any
such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so
doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate
office:
Provided that nothing in this sub-section shall prevent any of the members of the State Transport
Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such
Authority during the absence of the Chairman, notwithstanding that such member does not possess
judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority
competent to pass any order or take any decision under any law:
Provided further that the State Government may,--
(i) where it considers necessary or expedient so to do, constitute the State Transport Authority or
a Regional Transport Authority for any region so as to consist of only one member who shall be an
official with judicial experience or experience as an appellate or a revisional authority or as an
adjudicating authority competent to pass any order or take any decision under any law;
(ii) by rules made in this behalf, provide for the transaction of business of such authorities in the
absence of the Chairman or any other member and specify the circumstances under which, and the
manner in which, such business could be so transacted:
Provided also that nothing in this sub-section shall be construed as debarring an official (other than an
official connected directly with the management or operation of a transport undertaking) from being
appointed or continuing as a member of any such authority merely by reason of the fact that the
Government employing the official has, or acquires, any financial interest in a transport undertaking.
(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; and
1[(ca) Government to formulate routes for plying stage carriages;]
(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 the
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.
Notes:
1. Ins. by Act 32 of 2019, s. 31 (w.e.f. 1-9-2019).