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State of Odisha - Section

Section 38 in The Orissa Motor Vehicles Rules, 1993

38. State Transport Authority.

(1)The State Transport Authority shall consist of such persons not being more than four besides the Chairman, as may be appointed by the State Government by notification in the Official Gazette. The State Government shall specify therein the Chairman and appoint the Secretary of the said authority :Provided that the State Government where it considers necessary may by notification in the Official Gazette, appoint an Executive Officer of the said authority and assign the duties to be performed and functions to be discharged by him.
(2)The Chairman, if unable to attend a meeting shall nominate a member to act as Chairman at the meeting.
(3)The Chairman or the member acting as Chairman being nominated under Sub-rule (2), shall have a second or casting vote.
(4)The State Transport Authority shall meet at such time and at such places as the Chairman may appoint provided the authority shall meet not less than once in every three months.
(5)Notice of the State Transport Authority shall be despatched by the Secretary to each member not less than ten days before the meeting.
(6)The Chairman or the member nominated under Sub-rule (2) to act as Chairman, as the case may be, and two members shall constitute the quorum for the meetings of the State Transport Authority.
(7)The State Government may, if it considers necessary to do so, dissolve the State Transport Authority constituted under Sub-rule (1) at any time and may constitute another authority in its place.
(8)Subject to the provisions of Sub-rule (7) every non-official member of the State Transport Authority shall hold office, for a period of three years on and from the date on which his appointment is notified in the official Gazette, or until the date on which the appointment of his successor is notified, whichever is later :Provided that if during the period specified in this Sub-rule the State Government reconstitutes the State Transport Authority, the term of office of the members of the authority shall expire on the date immediately proceeding the date on which the reconstitution of the said authority takes effect.
(9)Member of the State Transport Authority shall receive travelling and halting allowances in accordance with the rules of the State Government which apply to official and non-official members of the Committees constituted by the State Government respectively.
(10)When a member of the authority dies or is removed from office under Sub-rule (11) or vacates his office the State Government may appoint another member by notification in the Official Gazette in his place for the unexpired period of the terms, of the vacating member.
(11)The State Government may notwithstanding Sub-rule (8) at any time after giving any member of the Transport Authority an opportunity of being heard, remove him from office for-
(i)failure to attend three consecutive meetings of the authority; or
(ii)being incapable of discharging his duties as a member on account of any physical or mental disability; or
(iii)misconduct in the discharge of his duties; or
(iv)any other cause deemed sufficient by the State Government.