Chapter II DECLARATION OF CONTROL AREA AND ESTABLISHMENT OF TRUCK TERMINAL AUTHORITY

1. (1) The State Government may, by notification in the Official Gazette, declare any area to be the control area, and may, by the same notification or by any other like notification, from time to time, appoint the date on which the provisions of this Act shall apply to such area or part thereof.
2. (2) Before issuing any notification under sub-section (1), for declaring any area to be the control area, the State Government shall publish or cause to be published in the Official Gazette and in at least two newspapers having circulation in the proposed control area, a public notice of its intention to issue such notification in respect of an area described in such notice; and inviting objections or suggestions, in writing, within a period of not less than thirty days from the date of publication of such public notice in the Official Gazette. Any objections or suggestions which may be received in time shall be taken into consideration by the State Government.
3. (3) A plan showing the boundaries of the control area shall be made available for inspection at such place as may be specified in the notification under sub-section (2).

1. (1) As soon as possible, after any area is declared to be the control area under sub-section (1) of section 3, the State Government shall, by notification in the Official Gazette, establish a Truck Terminal Authority for one or more control areas, or different Truck Terminal Authorities for different control areas.
2. (2) Every Truck Terminal Authority shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name, and shall be competent to acquire, hold and dispose of property, both moveable and immovable, and to contract and do all things necessary for the purposes of this Act.
3. (3) Notwithstanding anything contained in any law for the time being in force, every Truck Terminal Authority shall for all purposes, be deemed to be a local authority.

The Truck Terminal Authority shall, after obtaining previous approval of the State Government or of such other authority as the State Government may, by general or special order, specify in this behalf, declare, by notification in the Official Gazette, the area or areas including the premises and precincts thereof to be the Truck Terminal for one or more control areas, which shall be used by a holder of a permit of a goods carriage or agent or any other person for arrival or departure of goods carriages or transport vehicles or for carrying on business of collecting, forwarding, distributing or transporting goods for the purpose of loading or unloading such goods into or from such goods carriages or transport vehicles.

Notwithstanding anything contained in the Motor Vehicles Act, 1988 (59 of 1988) or any other law for the time being in force, on and from the appointed day-

1. (1) no person shall engage within the control area by himself or as agent or otherwise in the business of collecting, forwarding or distributing goods carried or to be carried by a goods carriage or transport vehicle, except at the Truck Terminal.
2. (2) where any goods carriage or transport vehicle in any region, transports goods in any control area or part thereof to which this Act applies, the permit granted in respect of such goods carriage or transport vehicle for one region or countersigned for any other region shall be deemed to contain the following condition, namely :- "No person or holder of a permit or his agent shall load or unload goods in or from a goods carriage or transport vehicle at any place in a control area or part thereof to which the Maharashtra Truck Terminal (Regulation of Location) Act, 1995 (Mah. XXXI of 1997), applies except at the Truck Terminal.".

Nothing contained in section 6 shall apply to,-

1. (a) a person loading or unloading goods wholly and exclusively for one person and at any one place in the control area;
2. (b) a person loading goods at any one place in the control area; and unloading the same goods at any other place in the control area;
3. (c) the goods carriages or transport vehicles exclusively transporting goods of any,-
   • (i) consul de carriers, whether called a consul-general, consul, vice-consul, consular agent, pro-consul or by any other name, of a Foreign State 1[when such transport of goods is by themselves or for their own official use and such exemption is available on the reciprocal basis in the respective nation to which they belong.];
   • (ii) departments or offices of the State or Central Government or of any companies or undertakings set up by the State or Central Government; 2[(iii) statutory corporations or a local authority established under any State or Central Act.]

The Truck Terminal Authority shall, upon an application made by any person who is engaged by himself or as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, in accordance with the provisions of section 93 of the Motor Vehicles Act, 1988 (59 of 1988), permit such person or agent to use premises, facilities and services in the Truck Terminal in such manner and upon such terms and conditions as may be prescribed by regulations.