The Assam State Road Transport Act, 1954
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#### ASSAM ACT XXX OF 1954

THE ASSAM STATE ROAD TRANSPORT ACT, 1954

( Passed by the Assembly )

**(Received the assent of the President on the 5th October, 1954)**

[Published in the _Assam Gazette, dated the 20th October 1954]_

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_’ ..._ _An ■_

_to provide for Slate RoadTr.aK '-ort Service in Assam_

«

Whereas-U is expedient in the interest of t! ’ general public and for

the promotion of suitable and efficient road "ansport to provide for State
Road Transport Services in Assam;

It is hereby eriacted in the Fifth Year of our Republic as follows :
**1. Short title, extent and commencement.—fl) This Act may be**

called the Assam State Road Transport Act, 1954.

(2) It extends to the whole of Assa V.
(3) It shall come into force oh such cute as the State Government may

by notification in the official Gazette, sp?/i Jin this behalf.

I 2. **Definitions.—In this Act unless there is anything repugnant in**

subject or context—

(a) “ appointed date” means the date immediately preceding the

commencement of this Act ;

_(b) “ prescribed” means prescribed by rules made under this Act ;_
(c) “ public service vehicle” has the meaning assigned to it in the

Motor Vehicles Act, 1939 (IV of 1939), and also includes a

public carrier ; .

_(d) “ route” means a road or roads, prpart or parts of a road or_

roads over which a transport' -ehicle may be authorised to be
used under a permit granted or which, but for this Act, would
have been granted under the Motor Vehicles Act, 1939

(IV of 1939);

(e) “ State Road Transput Service” means Transport Service by a

public service vehitfe owned by the State Government ;

( /) “State Government” means the Government of Assam ;
_(g) “ Sfsfte Road Transport Board” means a Board constituted by the_

-^Government of Assam under the Act with a view tomanage,

control and supervise the State Road Transport Services ;

_(h) “Transport Commissioner” means the Transport Commissioner_

of Assam appointed by the State Government and includes

—. any other officer who may be authorized by the State Govern­
ment to perform the functions of the Transport Commissioner
under this Act ; and

(i) Words and expressions not defind in this Act, but defined in the

Motor Vehicles Act, 1939 (IV of 1939), have the meaning

assigned to them in the said Act.

**3. Power of the State Government to run Road Transport Servi­**

**ces.—Where the State Government is satisfied that it is necessary in the**
interest of general public and for sub-serving the common good so to direct,

_[Price annas 2 or 2 d.]_ _-_


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it may, by notification in the official Gazette, declare that the road trans­
port services in general or any particular class of such service on any route
or portion thereof, as may be specified, shall be run and operated by the
State Government exclusively or by the State Government in conjunction
with Railway, or partly by the State Government and partly by others in
accordance with the provisions of this Act.

**4. Scheme o f State Road Transport Services. — (1) As soon as may**

be after the publication of the notification under Section 3, the State Gov­
ernment or if the State Government so directs, the Transport Commissioner
shall publish, in such manner as may be specified, a scheme as to the State

Road Transport Service framed in pursuance of the declaration under Sec­

tion 3.

(2) The scheme under sub-section (1) shall provide for all or any of

the following matters, that is to say—

_(a) the date on which the State Road Transport Service shall_

commence to operate ;

_(b) the route or any portion thereof on which the State Road Trans­_

sport Service shall be provided ;

(c) the State Road Transport Services which are to be provided on

the route or any portion thereof and for prohibiting or restrict­
ing the provision on the route or its portion of transport services
otherwise than under the scheme ;

(d) the extent to which persons other than the State Government

will be permitted to provi ie road transport services on the route

or any portion thereof specified in clause (A) ;

(«) the road transport services which will be provided by the State

Government exclusively or by the State Government in con­

junction with Railway ;

( / ) the type and carrying capacity of transport vehicles to be used in

such services ;

(g) the cancellation or the modification of the existing permits

granted under Chapter IV of the Motor Vehicles Act, 1939 (IV
of 1939) ;

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(A) the reduction in the number of transport vehicles plying on the

route ;

(?) the curtailment of the route covered by the existing permits or

transfer of the permits to any other route or routes ; and

(j ) the convenience of the ordinary class of passengers •
(A) such other consequential oi' incidental matters as may appear

necessary or expedient for the purposes of the scheme.

**5.** **Objections to the schem e.—-(1) Any person whose interests**

are affected may, within thirty days from the publication of the scheme,
file objections to the same before the Transport Commissioner.

(2) The State Government or if the State Government so directs,

the prescribed authority, as the case may be, shall after having con­

sidered the objections either confirm, modify or alter the scheme.

(3) The scheme as confirmed, modified or altered under sub-section

(2) shall then be published in the Gazette, and the same shall thereupon

become final and the route to which it relates shall be called a notified route.

**6. Alteration or m odification o f schem e.— (!)** Any scheme pub­

lished under sub-section (3) of Section 5 may at any time be cancelled,

altered or modified by the State Government or with the sanction of the
State Government by the Transport Commissioner ;


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**3**

Provided that any increase or decrease merely in the number of road

transport services run or operated by the State Government or by the State
Government in conjunction with Railway or the transport vehicles used or
their type or seating capacity or curtailment of any notified route shall not
be deemed to be a modification or alteration of the scheme for purposes of
his section.

(2) The procedure laid down in Sections 4 and 5 shall, so far as can

be made applicable, be followed in altering or modifying a scheme as if
the alteration or modification were a separate scheme.

**7. C onsequences o f the p u b lication o f the sch em e under sec­**

**tion 5.—(1) Upon the publication of the scheme under section 5 and for**
so long as it remains in force the consequences as hereinafter stated shall,

with effect from the date of the commencement of the scheme, have
affect in respect of the notified route—

(a) The State Government may, in the case of Transport Vehicles

to be used by the State Government or by the State Govern­
ment in conjunction with Railway provide for dispensation

                     - rom observance of the provisions of Chapter IV of the

Motor Vehicles Act, 1939 (IV of 1939) as respects—

(?) the necessity of taking out or granting or countersigning

permits ;

(?’?') the duration and renewal of permits ;

(?’??') the conditions attached to permits ;

(?fl) the cancellation and suspension of permits ;

(fl) the restrictions on the number of permits, as it may notify

in that behalf in the official Gazette.

(A) No person (other than the State Government either singly or

in conjunction with Railway) shall except as may be provided
under clause (r) be entitled to a permit under Chapter IV of
the Motor Vehicles Act, 1939 (IV of 1939).

(r) The State Government may specify the number of transport

vehicles, if any, for whicii the permits may be granted or
countersigned in favour of persons other than the State Govern­
ment or the State Government and the Railwav conjointly.

( d) The State Government or any officer or authority empowered

by it in this behalf may, in the manner prescribed, cancel any
permit or direct that any permit or class of permits shall not be
renewed or shall not be effective beyond such date as may be
specified or reduced and curtail the number of vehicles or routes
covered by any permit or alter the conditions attached to any
permit or attach any new condition to any permit granted '
under Chapter IV of the Motor Vehicles Act, 1939 (IV of 1939).

(e) The State Government may, by notification in the official

Gazette, direct that all or any of the functions, duties and
powers under the Motor Vehicles Act, 1939 (IV of 1939)

of the State Transport Authority, the Regional Transport

Authority, the Registering Authority or the Licensing

Authority shall to the extent and in the manner specified
in the notification, be discharged, performed or exercised
by such officer or other authority as may be specified in

the notification.

( / ) The State Government may for purposes of this Act issue direc­

tions, as it considers necessary, to the State Transport
Authority, Regional Transport Authority or any other


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**4**

authority or officer and such officer or authority shall forth­

with give effect to all such orders and directions.

(2) Nothing in sub-section (2) of Section 44 of the Motor Vehicles Act, .

1939 (IV of 1939), shall apply to any officer or authority specified in the

notification under clause («) of sub-section (1).

**8. Transport** **C om m issioner.—** (1) The State Government may

constitute a State Road Transport Board and appoint a Transport Com­
missioner for purposes of this Act.

(2) Until the constitution of the State Road Transport Board the body

known as the Board of Control of the Assam State Transport shall performs
the duties and exercise the powers of the State Road Transport Board.

' (3) The State Road Transport Board and the Transport Commissioner

shall perform such duties and exercise such powers as may be prescribed.

**9. Delegation o f pow ers.—** The State Government may, by notifica­

tion in the Gazette, delegate to an officer or authority subordinate to it, any
of the powers conferred on it by this Act except those specified in section 3
and sub-section (2) of section 5 to be exercised subject to any restrictions
and conditions as may be specified in the notification.

**10. R epeals.—** (1) Where there is any conflict or inconsistency between

the provisions of this Act and the provisions of any other law, then the
provisions of this Act shall prevail.

(2) Any order made or deemed to be made under this Act shall have

effect notwithstanding anything inconsistent therewith contained in any
other enactment or any instrument having effect by virtue of such enact­

ment.

**11. Use o f public service vehicle in contravention o f section 7 to**

**be an offence.— (1) Whoever drives a public service vehicles or causes or**
allows a public service vehicle to be used in contravention of the provisions
of ciause _(c) of section 7 shall be punishable with fine which may extend to_
one thousand rupees.

(2) Nothing in this section shall apply to the use of any public service

vehicle in an emergency for the conveyance of persons suffering from sickness
or injury or for the transport of dead bodies or for the transport of medical
supplies to relieve distress, when prior permission of the State Transport
Authority or the Regional Transport Authority as the case may be for such
use is not possible :

Provided that when no prior permission is obtained the person operating

the vehicle shall report such use to such authority, as may be prescribed,
within seven days.

**12. Cognizance o f offence.—-No prosecution for an offence under**

this Act shall be instituted without the previous sanction of the Transport
Commissioner.

**13. V alidation.—** (1) (a) Every—

(i) State Road Transport Service commenced before the appointed

date and operating on any route at such date, and

_(ii) Order cancelling or curtailing any permit for transport vehicle,_

or attaching any new condition or altering the conditions
already attached to any permit for such vehicle, and every
order reducing or otherwise fixing the number of transport
vehicles to be used on any route or changing the route rela­
ting to the permit, and every order refusing to renew any
permit previously granted, made on or before the appointed
date on account of the State Road Transport Service


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running and operating or commencing to rub and operate
on the route to which the permit related,

shall be and is' hereby made and declared to be valid in law,
any provision in the Motor Vehicles Act, 1939 (IV of 1939) or

any other law notwithstanding, and

(/>) The routes as specified in the Schedule or any other route on

which the State Road Transport Service was operating on
the appointed date and every such service shall for purposes of
this Act, be deemed as the case may be to be a route specified
in a notification under section 3, and the service operating
under a scheme duly prepared and published under and in
accordance with sections 4 and 5, provided that the State

Government publishes in the official Gazette within thirty
days of the commencement of this Act a scheme as to the

aforesaid road transport service providing as far as may be,
for all or any of the matters specified in sub-section (2) of

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section 4 and the scheme so published shall be and be deemed
to be the scheme duly confirmed and published under sub­
section (3) of section 5 and the route to which it relates shall
be called a notified route and the provisions of sections 6 and
7 shall be applicable thereto.

(2) Any application for granting a permit for a transport vehicle made

whether before or after the commencement of this Act in respect of a route,
which is or is deemed to be a notified route, shall notwithstanding anything
in the Motor Vehicles Act, 1939 (IV of 1939), or any judgment, decree or
order of a Court, be decided in accordance with the provisions of this Act
as if the Act had been in force at all material dates.

**14. Authorisation in respect o f public carrier or contract carri­**

**age owned by State G overnm ent.— Without prejudice to the provisions**
of Section 7, but notwithstanding, anything contained in the Motor Vehi­
cles Act, 1939 (IV of 1939), it shall be lawful for the Transport Commis­
sioner or an officer appointed in that behalf by the Transport Commissioner
to authorise a public carrier or contract carriage owned by the State Gov­
ernment to be used on any or all routes in Assam and the public service
vehicle aforesaid may then be so used as if the authorisation had been a
permit granted under and in accordance with the provisions of the Motor
Vehicles Act, 1939.

**15.** **Power to m ake rules** —(1) The State Government may make

rules for purposes of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the foregoing powers

such rules may provide for—

(a) the form of the declaration under section 3 ;
_(b) the form in which the scheme shall be published under section,_ **4**

and 5;

(r) the authorities, officers and staff to be constituted or appointed

for purposes of this Act and their constitution, powers and

duties ;

_(d) the conditions of service and qualifications of the officers and_

the staff appointed for purposes of this Act ;

(*) the delegation of powers conferred upon any officer or authority

by or under this Act ;


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**6**

( / ) the duties of any officer or authority having jurisdiction under

this Act, the procedure to be followed by such officer or
authority ;

_(g) imposing time limits within which things to be done under this_

Act must be done with or without powers to any autho­
rity therein specified to extend limits imposed ;

(A) the procedure to be followed in application and other proceed­

ings under this Act in cases for which no specified provisions
have been made ;

(») the fees, if any, to be paid in respect of any application or pro­

ceedings under this Act ; and

(j) the matters which are to be and may be prescribed.

SCHEDULE n

[ Section 13 (A) ]

1. Pandu-Gauhati-Shillong Road.

2. Gauhati-Nowgong Road.

3. Nowgong-Jorhat Road (including Koliabor-Silghat-Jakhlabandba

Sector).

4. Jorhat-Dibrugarh Road.

5. Dibrugarh-Saikhowaghat Road.

6. Gauhati-Goalpara Road.

7. Dhubri-Jogighopa Road.

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**A.G.P. (Leg.) No.10/55— 1050—23-11-1955.**


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