The state move was in response to the Bombay High Court's December 22 directive, wherein the division bench of justices Naresh Patil and S B Shukre had asked the government to either come out with a policy in favour of privatisation or act against illegal private transport operators.
Henceforth, travelling in a private inter-city bus might become next to impossible. The state home department on Thursday issued a government resolution (GR), disallowing private bus operators to provide inter-city bus services. These buses, reportedly, poach the Maharashtra State Road Transport Corporation (MSRTC) passengers.
The state move was in response to the Bombay High Court's December 22 directive, wherein the division bench of justices Naresh Patil and S B Shukre had asked the government to either come out with a policy in favour of privatisation or act against illegal private transport operators.
As per the latest state government order, public has been clearly disallowed from boarding illegal private vehicles.
Meanwhile, Harsh Kotak of the Maharashtra Bus Operators Association said, "We want the government to decide our status. The latest rule is against stage carriages and not us, who operate under the All India Tourist Permit or Maharashtra Tourist Permit. Therefore, our buses will continue to operate, as we are not violating the law, But the latest order has increased ambiguity. There is a possibility of law enforcing agencies unnecessarily giving us a hard time. We will wait and watch the situation and take up the issue with the authorities accordingly."
As per the GR, the MSRTC officials, traffic police and transport department officials have been authorised to take action against private operators. If the unauthorised vehicles continue to operate due to inaction by the staff, the respective department heads will have to take action against the erring staff.
Moreover, in the days to come, handbills, signages and banners will be seen asking passengers not to hop into a private bus. As per rules, private operators not possessing a valid permit are not supposed to make any stoppages en route to allow boarding of passengers or to let them off.
Whenever the issue comes into limelight, private operators with no permits ask passengers to return their bus tickets or payment receipts, so that passengers cannot prove that they travelled in such a bus.
Recently, advocate Datta Mane had filed a public interest litigation (PIL) that stated that in 2001, the Aurangabad bench of high court passed an order directing action against illegal private operators. The PIL added that no action has been taken regarding the order as yet.
The petition alleged that in rural areas, private jeeps and mini buses operate, eating into MSRTC's business. "These private, illegal operators park their vehicles near stops earmarked for state transport (ST) buses, which is not allowed under the Motor Vehicles Act. The authorities have failed to implement the rules and thus the corporation is suffering," the PIL stated.
While adjourning the matter, the court asked the state to file an action taken report and MSRTC to show its balance sheet, indicating whether it earned anything because of the special drive carried out against illegal operators. Due to poaching by private operators, MSRTC suffers a daily loss of around Rs20 crore.
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