Motor Vehicles Act Section 88A — Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Civil

Summary

Sub-section (1) says that even though other parts of this Act may say something different, the Central Government can use an official notification to change any permit issued under this Act, or create new schemes for moving goods or passengers across the country, across different types of transport, or between states. Under such a scheme, the government can also issue or change licences. The purposes for which it can do this are listed as: last mile connectivity; rural transport; improving freight movement and logistics; better use of transport assets; boosting the economic vitality of an area by improving competitiveness, productivity and efficiency; increasing people's access and mobility; protecting and enhancing the environment; promoting energy conservation; improving quality of life; improving how the transport system is integrated and connected across different modes of transport; and any other matters the Central Government thinks fit. Before taking any action under this sub-section, the Central Government may ask for the agreement of the State Governments.

Sub-section (2) says that, even though sub-section (1) exists, two or more States can make their own schemes for operating inter-State transport of goods or passengers within those States. However, if there is any conflict between the schemes made by the Central Government under sub-section (1) and the schemes made by two or more States under this sub-section, the Central Government's schemes will win.

Official Text

(1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:—

(a) last mile connectivity;

(b) rural transport;

(c) improving the movement of freight, and logistics;

(d) better utilisation of transportation assets;

(e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency;

(f) the increase in the accessibility and mobility of people;

(g) the protection and enhancement of the environment;

(h) the promotion of energy conservation;

(i) improvement of the quality of life;

(j) enhancement of the integration and connectivity of the transportation system, across and between modes of transport; and

(k) such other matters as the Central Government may deem fit:

Provided that the Central Government may, before taking any action under this sub-section seek concurrence of the State Governments.

(2) Notwithstanding anything contained in sub-section (1), two or more States may make schemes for the operation within such States for the inter-State transportation of goods or passengers:

Provided that in the event of any repugnancy between the schemes made by the Central Government under sub-section (1) and schemes made by two or more States under this sub-section, the schemes made under sub-section (1) shall prevail.]