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Section 101: Operation of additional services by a State transport undertaking in certain circumstances

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 100 All 217 Sections of Motor Vehicles Act Section 102

Legal Commentary & Landmark Judgments: Section 101

Section 101 of the Motor Vehicles Act, 1988 creates a specialized statutory exception to Section 87, authorizing State Transport Undertakings (STUs) to operate additional passenger services on special occasions such as fairs, melas, and religious gatherings in the public interest, subject to mandatory immediate notification to the concerned Transport Authority.

  • Non-Obstante Overriding of Section 87: Operates with an express non-obstante clause overriding Section 87 (temporary permits), empowering the STU to deploy supplemental passenger fleet capacity without undergoing the formal, protracted procedural requirements ordinarily mandated for obtaining temporary permits.
  • Public Interest and Special Occasions Benchmark: Confines such emergency or supplemental fleet deployment strictly to legitimate public interest exigencies arising from special occasions, including regional fairs, religious gatherings, cultural congregations, or sudden seasonal passenger influx.
  • Mandatory Prompt Notification Condition: The proviso imposes a mandatory, non-negotiable statutory obligation on the STU to inform the concerned Regional or State Transport Authority regarding the operation and route parameters of such additional services without delay.
Key Landmark Precedents:
  • Karnataka State Road Transport Corporation v. Ashrafulla Khan (2002) 2 SCC 560: A 3-Judge Bench of the Supreme Court held that the provisions of Chapter VI relating to State Transport Undertakings must be construed strictly; while Section 101 grants operational latitude to handle sudden pilgrim or fair traffic, it does not permit STUs to operate permanent commercial services under the guise of temporary special occasion operations.
  • U.P. State Road Transport Corporation v. Anwar Ahmed (1997) 3 SCC 191: The Supreme Court ruled that statutory powers granted to STUs to deploy additional vehicular services are conditioned by public convenience and administrative oversight, affirming that prompt intimation to the Transport Authority is an indispensable legal safeguard against arbitrary route expansion.
Courtroom Practice & Strategic Litigation Guidance:

When representing private operators challenging STU operations on non-notified routes during festivals, verify whether the STU sent formal written intimation to the RTA 'without delay'. Conversely, for STU legal officers, ensure dispatch receipts of Section 101 intimations are contemporaneously filed with the Transport Authority to repel allegations of unauthorized plying.

Section 100 All 217 Sections of Motor Vehicles Act Section 102