Section 40 in The Orissa Motor Vehicles Rules, 1993
40. Conduct of business of Transport Authority.
(1)The Secretary appointed under these rules by the State Government shall perform such duties and exercise such powers as specified in these rules :Provided that the State Government may, if it considers necessary in the public interest appoint more than one Secretary and an Executive Officer for any area of the region for which the Transport Authority is constituted.(2)When there is no meeting of the Transport Authority procedure of circulation may be followed to take a decision in any concerned matter and in that case the Secretary shall send to each member of Transport Authority such particulars of the matter as may be reasonably necessary in order to enable the members 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 the 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 be kept by the Secretary and shall not to 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 kept by circulation it, before the date by which the votes of members are required to reach the office of the Transport Authority, not less then one-third of the members of the Transport Authority by notice in writing to the Secretary demand that the matter be discussed in a meeting of the Transport Authority.(3)The number of votes, excluding the Chairman' second or casting vote necessary for a decision to be taken upon procedure by circulation shall not be less than the number necessary to constitute a quorum.(4)The State or the Regional Transport Authority as the case may be, may require any applicant for a permit to appear before it or before the officer authorised by it by a resolution and may not refuse the application for the permit until the applicant has been given a reasonable opportunity of being heard in the matter.(5)Nothing contained in this rule shall prevent a State or a Regional Transport Authority from deciding, by following the procedure by circulation, any matter which has been considered at a meeting or has been the subject of a hearing and upon which a decision has been taken.(6)Where a matter is decided by vote of a members 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 voting shall be kept save of the number of votes cast on either side :Provided that when any matter is decided by exercise of the second or casting vote of the Ct.airman or the Presiding Officer, the fact shall be recorded.
