Section 41 in The Orissa Motor Vehicles Rules, 1993
41. Delegation of powers by the State Transport Authority.
(1)The State Transport Authority, may, by general or special resolution recorded in its proceedings, delegate-(a)to its Chairman or Secretary(i)its powers under section 72, section 74, section 76, section 79, Sub-section (9) of section 88 and Sub-section (12) of section 88 respectively to grant with or without modification of the application or to refuse to grant a stage carriage permit, a contract carriage permit, a private service vehicle permit a goods carriage permit, a tourist vehicle permit and a national permit; to attach conditions to such permit and to vary such conditions;(ii)its powers to grant a permit to a private motor vehicle adapted to carry more than nine persons excluding the driver;(iii)its powers under Sub-section (1) of section 88 to countersign or to refuse to countersign a permit, to attach conditions to the permit thus countersigned and to revoke a counter signature of permit;(iv)to exercise the powers of the Regional Transport Authority in the circumstances specified in Sub-section (3) of section 68, which may be delegated under Rule 42 to its Chairman or Secretary or any other officer subject to the conditions specified in the said rule;(b)to its Chairman or Secretary or any other officer not being below the rank of Assistant Secretary-(i)its powers to approve time-table of stage carriage permit;(ii)it powers under Sub-section (2) of section 81 to renew or to refuse to renew all kinds of permit other than a temporary permit or a special permit;(iii)its powers under Sub-section (1) and Sub-section (2) of section 87 to grant a temporary permit provided that such powers may also be delegated to the Additional Secretary to Assistant Secretary or Additional Assistant Secretary posted at the check-gate;(iv)its powers under Sub-section (8) of section 88 to grant a special permit;(v)its powers under section 83 to permit replacement of the vehicle by another;(vi)its powers under Sub-section (1) and Sub-section (3) of section 82 to transfer or to refuse to transfer or to transfer a permit from one person to another;(vii)its powers to renew or refuse to renew countersignature of all kinds of permit;(viii)its powers to issue a duplicate permit;(ix)its powers to issue permit to the State Transport Under-taking under Sub-section (1) of section 103 or to any person under the proviso to section 104 in respect of a notified route or a notified area;(x)its powers to pass orders as contemplated by Sub-section (2) of section 103 for the purpose of giving effect to the approved scheme in respect of a notified route or notified area;(xi)its powers under Sub-section (1) of section 86 and Sub-section (4) of section 88 to suspend a permit or a countersignature of permit and to recover from the permit-holder the sum of money agreed upon in accordance with Sub-section (5) of section 86;Provided that while passing the order to recover from a permit-holder the sum of money agreed upon in accordance with Sub-section (5) of section 86, the person authorised shall specify therein the compounding money payable by the permit-holder in case he agrees for composition, the date by which the permit-holder is to intimate acceptance of composition and the date by which the composition money shall be remitted and receipt produced; and in determining the sum of money to be recovered in lieu of suspension of permits shall have regard to the nature, gravity and frequency of the offence committed, the quantum of punishment that would otherwise have been imposed and the earning capacity of the vehicle with reference to the nature of the road and passenger capacity in case of State carriage, daily mileage of the vehicle and hire charges, if any, in respect of other class of transport vehicles;Provided further that the amount so recoverable in lieu of suspension of permits shall in no case, be less than the amount specified by the Government by notification under section 200 for composition of the offence.(2)Notwithstanding any delegation made in favour of the Secretary or any other officer in pursuance of Sub-rule (1)-(i)the Chairman may call for any record relating to such matter, powers for disposal whereof has been delegated to the Secretary or any other officer, and dispose of the matter;(ii)subject to the orders of Chairman under Clause (i), if any, Secretary may also exercise similar powers in relation to such matters power for disposal whereof has been delegated to any other officer subordinate to him;(iii)any other officer subordinate to the Secretary may refer any matter, powers for disposal whereof has been delegated to him, to the Secretary for disposal; and(iv)the Secretary may refer, any such matter either referred to him for disposal by any other officer subordinate to him under Clause (iii) or any other matter which are to be disposed of by him under the delegation made in pursuance of Sub-rule (1), to the Chairman for disposal;(3)The State Transport Authority, may for the prompt and convenient despatch of the business, by a general or special resolution, delegate to its Chairman, its powers to give effect to any directions issued under section 67 by the State Government and to exercise and discharge the powers and functions provided in Sub-section (3) and (4) of section 68.(4)Notwithstanding anything contained in Sub-rule (1) and (2) the State Transport Authority may give general instructions as to the manners in which the delegates shall exercise the power delegated to them.(5)The Secretary of the State Transport Authority shall place before the authority a statement of the actions taken by the various officers to whom powers have been delegated in pursuance of such delegations, in the next meeting.
