Recently the Kerala government re fixed the bus fare applicable to stage carriage services conducting within the state,of course for KSRTC buses conducting service beyond Kerala. The Re fixation includes changes in students bus fare also.The legitimate question is whether the state governments reserve such power for re fixation of fares for stage carriage services?
Answer is yes.Section 67 of Motor Vehicles Act 1988 give vast powers to the state governments to fix fares and concession to any category of passengers in the interest of public.Under this section ,the state goverment can issue specific directions to both the Transport Authorites namely State Transport Authorities and Regional Transport Authorities,regarding the minimum and maximum fares that can be collected from the passengers.For invoking this power state goverment has to issue notification in the form of GO published in the official gazette.Draft publication of the notification is not warranted in this provison.
It may be noted that STA and RTA are the statuotry transport authorities created by the implementation of the MV Act and only these authoriteties are empowered to entertain the matters related to control of traffic.However as per Section 68 (3) of the act, both the authorities are legally bound to give effect to the notification issued by the State Goverment.Hence Section 67 MVAct 1988,give specific and unlimited powers to the respective goverment to intervene in the matter of control public transport.
No one can imagine taking of this provision from the MV Act ,as proposed in the Motor Vehicle Bill presented in the Union Parliament.If the section is deleted or curtailed the power of fixation of fare will be automatically shifted to the operator itself.
Fares and Concessional Fares
Fare collected from stage carriage for the porton travelled is based on the fare stage fixed by concered RTA which granted the permit in respect of the stage carriage.As per the present policy adopted by the goverment , a passenger paying the minimum fare,Rs 8/- can travel a distance of 5 km ,that means distance covered between two stages.As per the present policy,one fare stage is 2.5 km of distance in line o travel.If a passenger gets into or gets down from a stage carriage at a place lying between two stages ,fare due from the stage ,preceeding to the place where he get in,and up to the stage suceeding the place where he e getdown,may be collected.The minmum distance for a stage not defined any where in the act or rules.
Answer is yes.Section 67 of Motor Vehicles Act 1988 give vast powers to the state governments to fix fares and concession to any category of passengers in the interest of public.Under this section ,the state goverment can issue specific directions to both the Transport Authorites namely State Transport Authorities and Regional Transport Authorities,regarding the minimum and maximum fares that can be collected from the passengers.For invoking this power state goverment has to issue notification in the form of GO published in the official gazette.Draft publication of the notification is not warranted in this provison.
It may be noted that STA and RTA are the statuotry transport authorities created by the implementation of the MV Act and only these authoriteties are empowered to entertain the matters related to control of traffic.However as per Section 68 (3) of the act, both the authorities are legally bound to give effect to the notification issued by the State Goverment.Hence Section 67 MVAct 1988,give specific and unlimited powers to the respective goverment to intervene in the matter of control public transport.
No one can imagine taking of this provision from the MV Act ,as proposed in the Motor Vehicle Bill presented in the Union Parliament.If the section is deleted or curtailed the power of fixation of fare will be automatically shifted to the operator itself.
Fares and Concessional Fares
Fare collected from stage carriage for the porton travelled is based on the fare stage fixed by concered RTA which granted the permit in respect of the stage carriage.As per the present policy adopted by the goverment , a passenger paying the minimum fare,Rs 8/- can travel a distance of 5 km ,that means distance covered between two stages.As per the present policy,one fare stage is 2.5 km of distance in line o travel.If a passenger gets into or gets down from a stage carriage at a place lying between two stages ,fare due from the stage ,preceeding to the place where he get in,and up to the stage suceeding the place where he e getdown,may be collected.The minmum distance for a stage not defined any where in the act or rules.
Students Concession
By invoking the above said statutory provision,state goverment is empowered to give concession to any class of passengers ,at a any rate of fare,subject the policy of goverment.This may extent to total free travelling facilities to certain class of people like physically handicapaed or giving concession to students,at the rate goverment want to give.All the bus operators ,including the KSRTC are bound to give effect to the direction given by the goverment.
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