CMV Rules 65Chapter V · Control of Transport Vehicles

Section 65 · Conduct of Business of Transport Authorities

(1)

The Secretary, Additional Secretary and Assistant Secretary of a Transport Authority shall exercise such powers as specified in these rules and shall perform such administrative duties as may be directed by the Transport Authority from time to time.

(2)

The State or Regional Transport Authority, as the case may be, may decide any matter of urgent nature without holding a meeting by the majority of votes of members by recorded in writing and send to the Secretary (hereinafter referred to as the procedure by circulation).

(3)

In the event of procedure by circulation being followed, the Secretary shall send to each member of the Transport Authority such particulars of the matter as may be reasonably necessary in order to enable the member to arrive at a decision and shall specify the date by which the votes of members are to be received in the office of the Transport Authority. Upon receipt of the votes of members as aforesaid, the Secretary shall lay the papers before the Chairman, who shall record the decision by endorsement on the form of application or other document, as the case may be, according to the votes received and the vote or votes cast by the Chairman. The record of the votes cast shall not be available for inspection by any person save by a member of the Transport Authority at a regularly constituted meeting of the Transport Authority. No decision shall be made upon procedure by circulation, if before the date by which the voles of members are required to reach the office of the Transport Authority, not less than one-third of the members of the Transport Authority have given notice in writing to the Secretary demanding that the matter be referred to a meeting of the Transport Authority.

(4)

The number of votes, excluding the Chairman's second or casting vote, necessary for a decision to be taken upon procedure by circulation shall not be less than the members necessary to constitute a quorum.

(5)

The State or the Regional Transport Authority as the case may be, may require any applicant tor a permit to appear before it or before the officer authorised by it and may withhold the consideration of application for the permit until the applicant himself has appeared or through an authorised representative and until he has furnished such information as may be required by the Transport Authority in connection with the application.

(6)

Nothing contained in this rule shall prevent a State or a Regional Transport Authority from deciding any matter which has been considered at a meeting or has been the subject of a hearing and upon which a decision has been reserved by following the procedure by circulation.

(7)

Where a matter is decided by the voles of a member present at a meeting of a State or a Regional Transport Authority, no person other than a member of the Transport Authority shall be entitled to be present and no record of the voting shall be kept save of the number of votes cast on either side :Provided that when any matter is decided by the exercise of the second or casting vote of the Chairman or the acting Chairman the fact shall be recorded.

(8)

(a)

Regional Transport Authority shall send in return in Form C.G.M.V.R.-41 (RPAD) to State Transport Authority by the fifth of every month in respect of pending applications of permit, and disposal thereof.

(b)

State Transport Authority receiving the returns in Form C.G.M.V.R.-41 (RPAD) shall compile the information and send a consolidated report including information of STA every six months to the State Government.

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