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[Cites 0, Cited by 9] [Section 44] [Entire Act]

Union of India - Subsection

Section 44(2) in Motor Vehicles Act, 1939

(2)A [State] [Substituted for the words 'Province', 'Provincial' and 'Provincial Government' by A.L.O., 1950.] Transport Authority or a Regional Transport Authority shall consist' of [a Chairman who has had [judicial experience or experience as an appellate or a revisional authority under any law relating to land revenue] [Substituted for the words 'such number of officials and non-officials as the State Government may think fot to appoint' by Act 100 of 1956, section 38, (w.e.f. 1-8-1957).] [and in the case of a State Transport Authority, such other officials and non-officials, not being less than two, and, in the case of a regional Transport Authority, such other persons (whether officials or not), not being less than two,] [Substituted for the words 'and such other officials and non-officials, not being less than two' by Act 56 of 1969, section 19, (w.e.f. 2-3-1970).] as the [State Government] [Substituted for the words 'Province', 'Provincial' and 'Provincial Government' by A.L.O., 1950.] may think fit to appoint]; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed as or continue as a member of a [State] [Substituted for the words 'Province', 'Provincial' and 'Provincial Government' by A.L.O., 1950.] or Regional Transport Authority, and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall, within four weeks of so doing, give notice in writing to the [State Government] [Substituted for the words 'Province', 'Provincial' and 'Provincial Government' by A.L.O., 1950.] of the acquisition of such interest and shall vacate office.[[Provided that nothing in this section shall prevent any of the members of the State Transport Authority or the Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience:Provided further that the State Government may-
(i)where it considers necessary or expedient so to do, constitute Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience;
(ii)by rules made in this behalf, provide for the transaction of business in the absence of the Chairman or any other member and specify the nature of business which, the circumstances under which, and the manner in which, business could be so transacted:
Provided also that] [Inserted by Act 56 of 1969, section 19, (w.e.f. 2-3-1970).] nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with the management or operation of a transport undertaking) from being appointed as or continuing as a member of any such Authority merely by reason of the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking.]