Section 67 in The Bihar Motor Vehicles Rules, 1992
67. Transport Authorities-conduct of business of.
- Subject to the provisions of the Act and these Rules, the business of the State Transport Authority and the Regional Transport Authority shall be conducted according to the following sub-rules:-(1)The Secretary shall lay before the Regional or the State Transport Authority, as the case may be, the agenda to be considered at any meeting.(2)Save in the case of the hearing of an objection to the grant of a stage carriage permit a State or a Regional Transport Authority, as the case may be, may decide any matter, without holding a meeting by the majority of the votes of members recorded in writing and send to the Secretary (hereinafter referred to as procedure by circulation.)(3)In the event of procedure by circulation, the Secretary shall send to each member of the 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 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 be kept by the Secretary and shall not be available for inspection by any person save by a member of the Authority at a regularly constituted meeting of the Authority. No decision shall be made upon procedure by circulation if, before the date by which the votes of members are required to reach the office of the Authority, not less than one third of the members of the Authority by notice in writing to the Secretary demand that the matter be referred to a meeting of the Authority.(4)The number of votes, excluding the Chairman's second or casting vote, necessary fora decision to be taken upon procedure by circulation, shall not be less than the number necessary to constitute a quorum.(5)The State or the Regional Transport Authority, as the case may be, may summon any applicant for permit to appear before it and may decline to grant the permit until the applicant has so appeared, either in person or by an agent authorised by him in writing and until the applicant has furnished such information as may reasonably be required by the authority in connection with the application.(6)Nothing contained in this rule shall prevent a State or a Regional Transport Authority from deciding upon 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 reserved.(7)When a matter is decided by the votes of members present at a meeting of State or Regional Transport Authority, no person other than a member of the Authority, shall be entitled to be present and record of voting shall be kept, save of the member of votes cast on either side. Provided that when any matter is decided by the exercise of second or casting vote of the Chairman, the fact shall be recorded.(8)All correspondence intended for the considerations of the Authority shall be addressed to the Authority or to its Secretary. No action shall be taken on any correspondence, which is not so addressed.(9)Any notice or petition may be returned to the presenting party, or if that is not possible, filed by the Secretary and shall be treated as not received, if:-(i) it does not bear the full name and address of the presenting party and his signature or mark or that of his agents, or (ii) it is found to be pseudonymous.(10)The Secretary, shall, under the general or special instructions of Chairman, lay before the Authority all matters requiring its decision.(11)The agenda for a meeting of the Authority shall be prepared by the Secretary and after it has been approved by the Chairman, shall be sent to each member at least five days in advance of the meeting, provided that copies of additional agenda, if any shall be handed to the members of the Authority on the date of meeting.(12)In any case in which a person has a right to be heard according to the provisions of the Act or the Rules, he may appear either in person or through a representative duly authorised in writing to hear any representation whether made in person or through a representative duly authorised in writing in this behalf.(13)All decisions of the authority shall be carried into effect by the Secretary who shall act in this behalf under the direction of the Chairman.(14)If a quorum as prescribed in Rules 65 and 66, is not present at any meeting, the Chairman shall adjourn meeting and no quorum shall be necessary for the subsequent meeting.(15)Members wishing to table any motion for discussion, shall give 14 days notice of such motion to the Secretary and the Secretary will include that motion in the agenda or the additional agenda of the next following meeting with the approval of the Chairman. The proposer may withdraw any notice proposed by him.(16)The minutes of previous meeting shall be read in the next meeting and after confirmation shall be signed by the Chairman:Provided that the proceedings shall be treated as confirmed with the members, if copies of the last meeting have been circulated previously.(17)If any member present objects to the minutes as having been incorrectly or incompletely recorded, the Chairman shall after taking the sense of the meeting make such amendments in the minutes as he feels proper and the amended minutes then shall be confirmed and signed by the Chairman.(18)Any member present at a meeting may refrain from voting, if he so chooses. When any relation of a member is a party before the Transport Authority, the member shall refrain from taking part in discussion.(19)When there is equality of votes on any proposal in a meeting and the Chairman refrains from giving his second and casting vote, the proposal shall be held to have neither been passed nor rejected and may be brought forward to any subsequent meeting.(20)The Chairman, shall preserve order in a meeting all points of order shall be summarily decided by him, no discussion be allowed there on unless he thinks fit to take the opinion of the members present.(21)The Chairman may adjourn any meeting that refuses to obey his ruling on a point of order or any business which cannot be conducted on account of unruly behaviour of any member.(22)A member wishing to leave the meeting before its close may do so after informing the Chairman.(23)A member may put questions in the meeting to the Chairman in respect of a matter concerning with the executive administration of the authority and shall be entitled to an oral reply:Provided that the Chairman may disallow any question, if in his opinion it is frivolous, vexatious or offensive or if he thinks that the information cannot be divulged without determining the public interest or it involves communication of information given in confidence. It will not be necessary for the Chairman to explain to the members the reason for disallowing any question.(24)The Secretary, with the approval of the Chairman may appoint persons to authenticate documents and perform other duties on his behalf.(25)As expert on transport problems any officer of Government concerned with the business of the Authority or any other person or persons on the request of the Authority may attend a meeting of the Authority and may take part in the discussions but shall not be entitled to vote.(26)The Chairman shall decide all points of procedure or any matter not specifically provided for in these Rules and his decision shall be final.(27)The members of an Authority may, at a meeting, appoint a subcommittee to report on such matters as it thinks fit. The Secretary of a Regional Transport Authority or the Secretary of the State Transport Authority shall act as the convenor of the sub-committee which shall follow such procedure as the Authority may determine.
