Step 1: Understanding the Concept:
The Motor Vehicles Act, 1988, is a comprehensive legislation that regulates all aspects of road transport. It grants specific powers to the Central and State governments to frame rules and control transport.
Step 2: Detailed Explanation:
Chapter V of the Motor Vehicles Act, 1988, is titled "Control of Transport Vehicles".
Section 67 within this chapter is titled "Power to make rules to control road transport". It explicitly empowers the State Government to make rules for various purposes, including:
- Fixing maximum and minimum fares and freights.
- Regulating the plying of contract carriages.
- Preventing overcrowding and ensuring the safety and convenience of the public.
Let's look at other options:
- Possession of driving license while driving is dealt with in Section 130.
- Possession of insurance and PUC is in Section 130.
- Revoking license for drunk driving is covered under sections like 19, 20, and 185.
Step 3: Final Answer:
Section 67 of the Motor Vehicles Act, 1988, provides for the State Government's power to make rules to control road transport.
Ahmadi.(as he then was) speaking for himself and PunchhiJ., endorsed the rec ommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323A and 323B in the Constitution. After the incorporation of these two articles, Acts have been enacted where under tribunals have been constituted for dispensation of justice. Sufficient time has passed and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)