MV Act – General provision as to applications of permits formalities for stage carriage contract, goods passenger carriage permits

Motor Vehicles Act – CHAPTER V
CONTROL OF TRANSPORT VEHICLES
66. Necessity for permits.
(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:
Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:
Provided also that goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.
(2) The holder of goods carriage permit may use the vehicle, for the drawing of any public or semi-trailer not owned by him, subject to such conditions as may be prescribed.
(3) The provisions of sub-section (1) shall not apply
(a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise;
(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes
(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes;
(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;
(e) to any transport vehicle used for towing a disabled vehicle orfor removing goods from a disabled vehicle to a place of safety;
(f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf;
(g) to any transport vehicle used by a person who manufactures ordeals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may,by notification in the Offical Gazette, specify in this behalf;
(h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Central or State Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (21 of 1860.) or under any law corresponding to that Act in force in any part of India;
(i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;
(j) subjectto suchconditions asthe CentralGovernment may, bynotification inthe OfficialGazette, specify, to any transport vehiclepurchased inone Stateand proceedingtoa place, situatedin thatState orin anyother State,without carrying any passenger or goods;
(k) to any transportvehicle whichhas beentemporarily registered undersection 43while proceeding empty to any place for the purpose of registration of the vehicle;
(l) to any transportvehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;
(m) toanytransportvehiclewhich,owingtoflood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is requiredto be diverted through any other route,whether within or outside the State, with a view to enabling it to reach its destination;
(n) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify;
(o) to any transportvehicle whichis subjectto a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, thepersonwithwhomtheownerhasentered intosuch agreement, to enable such motor vehicle to reach its destination; or
(p) to any transportvehicle while proceeding empty to any place for purpose of repair.


(4) Subject to the provisions of sub-section (3), sub-section (1) shall if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver.
Power to State Government to control road transport
67. (1) A State Government, having regard to
(a) the advantages offered to the public, trade and industry by the development of motor transport,
(b) the desirability of co-ordinating road and rail transport,
(c) the desirability of preventing the deterioration of the road system, and
(d) the desirability of preventing uneconomic competition among holders of permits.
may, fromtime to time, by notification in the Official Gazette, directionsbothtotheStateTransport Authorityand Regional Transport Authority €“
(i)regarding the fixingof fares and freights (including the maximum and minimum in respect thereof) for stage carriages, carriages and goods carriages;
(ii)regardingthe prohibitionor restriction,subject to such conditionsas maybe specified in the directions, of the conveying of long distancegoodstrafficgenerally,or of specified classes of goods by goods carriages;
(iii) regardingany othermatter whichmay appearto the State Governmentnecessary or expedient for giving effect to any agreement enteredinto withthe Central Government or any other State Governmentor the Government of any other country relating to the regulation of motor transport generally, and in particular to itscoordinationwithothermeansoftransport andthe conveying of long distance goods traffic:
Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed directions is published in the Official Gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard.
(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of thetax payableby the passengers or the consignors of the goods, thecase may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods.
68. Transport Authorities.
(1) The StateGovernment shall,by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified insub-section (3),and shallin likemannerconstitute Regional TransportAuthorities toexercise anddischarge throughout such areas (in thisChapterreferredtoasregions)as maybe specified inthe notification,in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities:
Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consistof aChairmanwhohashadjudicial experienceor experience asanappellateoraprovisionalauthorityorasan adjudicating authoritycompetenttopassany orderortakeany decision under any law and in the case of a State Transport Authority, otherpersons (whetherofficials ornot), notbeing more than four and, in the case of a RegionalTransport Authority, such other persons (whether officials or not),not beingmore thantwo, as the State Government may think fit toappoint; butno person who has any financial interest whether as proprietor,employee orotherwise inanytransportundertaking shall be appointed, or continue to be, a member of a State or Regional Transport Authority,and, ifany personbeing amember of any such Authority acquiresa financial interest in any transport undertaking, shallwithin four weeks of so doing, give notice in writing to the State Governmentof the acquisition of such interest and shall vacate office:
Provided thatnothing inthis sub-sectionshall prevent any of the membersof theState Transport Authority or a Regional Transport Authority, asthe casemay be,to presideover ameeting ofsuch Authority duringthe absenceof the Chairman, notwithstandingthat such memberdoes notpossess judicial experience or experience as an appellate ora revisional authority oras an adjudicating authority competent to pass any order or take any decision under any law:
Provided further that the State Government may €“
(i)whereit considersnecessary orexpedient sotodo, constitute theState Transport Authority or a Regional Transport Authority forany region so as to consist of only one member who shall be an official with judicial experience or experience as an appellateorarevisionalauthorityorasanadjudicating authority competentto pass any order or take any decision under any law;
(ii)byrulesmadeinthisbehalf,provideforthe transaction of business of such authorities in the absence of the Chairman orany other member and specify the circumstances under which, andthe mannerinwhich,suchbusinesscould beso transacted:
Provided also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with the management or operation ofa transportundertaking)from being appointed or continuing as a member of any such authority merely by reasonof the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking.
(3) The State Transport Authority andevery Regional Transport Authority shallgive effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely €“
(a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State;
(b) toperform the duties of a Regional Transport Authority where thereis nosuch Authority and, if it thinks fit or if so required by a Regional Transport Authority,toperformthose duties in respect of any route common to two or more regions;
(c) to settle alldisputes and decide all matters on which differencesofopinionarisebetweenRegionalTransport Authorities; and
(d) to discharge such other functions as may be prescribed.
(4) Forthe purpose of exercising and discharging the powers and functions specifiedin sub-section(3), aState Transport Authority may, subject to such conditions as may be prescribed, issue directions to anyRegionalTransportAuthority,andthe RegionalTransport Authority shall,in thedischarge ofits functionsunder this Act, effect to and be guided by such directions.
(5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules.
General provision as to applications for permits
69. (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:
Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portionof theproposed routeor arealies, andin case the portion ofthe proposedroute orarea ineach oftheregionsis approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:
Provided furtherthat ifit isproposed touse the vehicle or vehicles intwo ormoreregionslyingindifferent States,the application shallbe madeto the Regional Transport Authority of the region inwhich theapplicant residesor has his principal place of business.
(2)Notwithstanding anything contained in sub-section (1), the State Governmentmay, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or moreregions lying in different States, the application under that sub-section shallbe madeto theState TransportAuthority ofthe region inwhich theapplicant residesor has his principal place of business.
70. Application for stage carriage permit.
(1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely €“
(a) the route orroutes orthe area or areas to which the application relates;
(b) the type and seating capacity of each such vehicle;
(c) the minimum andmaximum number of daily trips proposed to be provided and the time-table of the normal trips.
Explanation.–For the purposes of this section, section 72, 80and section102, “trip”means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;
(d)the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions;
(e) the arrangements intended to be made for the housing, andrepair ofthe vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage;
(f)such other matters as may be prescribed.
(2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed.
Procedure of Regional Transport Authority in considering application for stage carriage permit
71. (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
Provided that such permit for a route of fifty kilometers or less shall begranted only to an individual or a State transport undertaking.
(2)A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:
Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions.
(3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs.
(b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
(c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely €“
(i)financial stability of the applicant;
(ii)satisfactory performance as a stage carriage operator including paymentof taxif theapplicant isor has been an operator of stage carriage service; and
(iii) such other mattersas may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from €“
(i)State transport undertakings;
(ii)Co-operative societies registered or deemed to have been registered under any enactment for the time being in force; or
(iii) Ex-servicemen.
(4) A Regional Transport Authority shall not grant more than five stage carriage permits to any individual or more than ten stage carriage permits to any company (not being a State transport undertaking).
(1)In computing the number of permits to be granted under sub-section (4), the permits held by an applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also be taken into account.
Explanation.–For the purposes of this section “company” means any body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm.
Grant of stage carriage permits
72. (1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any route or area not specified in the application.
(2) The Regional TransportAuthority, ifit decides to grant a stage carriagepermit, may grant the permit for a stage carriage of a specified descriptionand may,subject to any rules that may be made under thisAct, attach to the permit any one or more of the following conditions, namely €“
(i)that the vehiclesshall beused onlyin aspecified area, or on a specified route or routes;
(ii)that the operationof thestagecarriageshallbe commenced with effect from a specified date;
(iii) the minimum andmaximum number of daily trips to be provided in relation to any route or area generallyor on specified days and occasions;
(iv) that copies ofthe time-tableof thestage carriage approved bythe Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;
(v)thatthe stagecarriage shallbe operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;
(vi)thatwithin municipallimits and such other areas and places asmay beprescribed, passengersor goods shall not be taken up or set down except at specified points;
(vii)themaximum numberofpassengersandthemaximum weight ofluggage thatmay becarried onthe stagecarriage, generallyor on specified occasions or at specified times and seasons;
(viii)theweight andnature ofpassengers’ luggagethat shall be carried free of charge, the total weight of luggage that maybecarriedinrelationtoeachpassenger,andthe arrangements thatshall bemade forthecarriageof luggage without causing inconvenience to passengers;
(ix) the rate ofcharge that may be levied for passengers’ luggage in excess of the free allowance;
(x) that vehicles ofa specifiedtypefittedwithbody conforming to approved specifications shall be used:
Provided thatthe attachmentof this condition to a permit shall notprevent thecontinued use,for a period of two years from thedate ofpublication of the approved specifications, of any vehicle operating on that date;
(xi) that specified standardsof comfortandcleanliness shall be maintained in the vehicles;
(xii)the conditions subjectto which goods may be carried in thestage carriage in addition to or to the exclusion of passengers;
(xiii)that fares shallbe chargedin accordance with the approved fare table;
(xiv)that a copyof, orextractfrom,thefaretable approved bythe RegionalTransport Authority and particulars of any specialfares orrates offares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;
(xv)that tickets bearing specified particularsshallbe issued topassengers andshall showthe fares actually charged and thatrecords oftickets issued shall be kept in a specified manner;
(xvi)that mails shall be carried on the vehicle subject to such conditions(including conditionsas tothe timein which mails areto becarried and the charges which may be levied) as may be specified;
(xvii)the vehicles tobe kept as reserve by the holder of the permitto maintainthe operation and to provide for special occasions;
(xviii)the conditions subject to which vehicle may be used as a contract carriage;
(xviii)that specified arrangementsshall bemadeforthe housing, maintenance and repair of vehicle;
(xix)that any specified bus station or shelter maintained by Government ora localauthority shallbeusedand thatany specified rent or fee shall be paid for such use;
(xx)thattheconditionsofthepermitshallnotbe departed from,save withthe approval of the Regional Transport Authority;
(xxii)that the RegionalTransportAuthority may,after giving notice of not less than one month €“
(a) vary the conditions of the permit;
(b) attach to the permit further conditions:
Provided that the conditionsspecified in pursuance of clause (i)shall notbe variedso astoalter thedistance covered by the original route by more than 24 kilometers, and any variation withinsuchlimitsshallbemadeonly afterthe Regional Transport Authorityissatisfiedthatsuchvariationwillservethe convenience of the public and that it is not expedient to grant a separate permitin respect of the original route as so varied or any part thereof;
(xxiii)that the holder of a permit shall furnish to the Regional TransportAuthority such periodical returns, statistics and other information as the StateGovernment may from time to time prescribe;
(xxiv)any other conditions which may be prescribed.
73. Application for contract carriage permit.
An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely €“
(a) the type and seating capacity of the vehicle;
(b) the area for which the permit is required;
(c) any other particulars which may be prescribed.
74. Grant of contract carriage permit.
(1)Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area not specified in the application.
(2) The Regional TransportAuthority, ifit decides to grant a contract carriagepermit, may,subject to any rules that may be made under thisAct, attach to the permit any one or more of the following conditions, namely €“
(i)that the vehicles shall be used only in a specified area or on a specified route or routes;
(ii)that except in accordance with specified conditions, no contract ofhiring, other than an extension or modification of a subsisting contract, may beentered intooutside the specified area;
(iii)the maximum number ofpassengersandthemaximum weight of luggage that may be carried on the vehicles, either generally or on specifiedoccasions orat specifiedtimes and seasons;
(iv) the conditions subject to which goods may be carried in any contractcarriage inaddition to,or tothe exclusion of, passengers;
(iv)that, in thecase ofmotor cabs,specified fares or rates offares shallbe chargedand acopy ofthe fare table shall be exhibited on the vehicle;
(v)that,in thecase ofvehicles other than motor cabs, specified ratesof hiringnot exceeding specified maximum shall be charged;
(vi)that,in thecase of motor cabs, a special weight of passengers’ luggage shall be carried free of charge, and that the charge, ifany, forany luggage in excess thereof shall be at a specified rate;
(viii)that, in the case of motor cabs, a taximeter shall be fitted and maintained in proper working order, if prescribed;
(ix) that the Regional Transport Authority may, after giving notice of not less than one month €“
(a) Vary the conditions of the permit;
(b) Attach to the permit further conditions;
(x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority;
(xi) that specified standardsof comfortandcleanliness shall be maintained in the vehicles;
(xii)that, exceptinthecircumstancesofexceptional nature, theplying ofthe vehicle or carrying of the passengers shall not be refused;
(xiii)any other conditions which may be prescribed.
(3) (a) The State Government shall, if so directed by the Central Government, havingregard tothe number of vehicles, road conditions and otherrelevant matters,by notification in the Official Gazette, direct aState Transport Authority and a Regional Transport Authority to limitthenumberofcontractcarriagesgenerallyor of any specified type,as maybe fixedand specifiedin the notification, operating oncity routesin towns with a population of not less than five lakhs.
(b) Where the number of contract carriages are fixed under clause (a),theRegionalTransportAuthorityshall, inconsideringan application forthe grantof permitin respect of any such contract carriage, have regard to the following matters, namely €“
(i)Financial stability of the applicant;
(ii)Satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from €“
(i)the India Tourism Development Corporation;
(ii)State Tourism Development Corporations;
(iii) State Tourism Departments;
(iv) State transport undertakings;
(v)co-operative societies registered or deemed to have been registered under any enactment for the time being in force;
(vi) ex-servicemen.
Scheme for renting of motor cabs
75. (1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs to persons desiring to drive the cabs for their own use and for matters connected therewith.
(2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely €“
(a) licensing of operators under the scheme including grant, and revocation of such licences;
(b) formofapplicationandformoflicencesandthe particulars to be contained therein;
(c) fee to be paid with the application for such licences;
(d) the authorities to which the application shall be made;
(e) condition subject to which such licences may be granted, or revoked;
(f)appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences;
(g) conditions subject to which motor cabs may be rented;
(h) maintenance of records and inspection of such records;
(i)such other matters as may be necessary to carry out the purposes of this section.
76. Application for private service vehicle permit.
(1)A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) An application fora permitto usea motorvehicle asa private servicevehicleshallcontainthefollowing particulars, namely €“
(a) type and seating capacity of the vehicle;
(b) the area or the route or routes to which the application relates;
(c) themanner inwhich itis claimed that the purpose of carryingpersons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and
(d) any other particulars which may be prescribed.
(3) The Regional TransportAuthority if it decides to grant the permit may,subject toany rulesthat maybe made under this Act, attach tothe permitany oneor moreof thefollowing conditions, namely €“
(i)that the vehicle be used only in a specified area or on a specified route or routes;
(ii)the maximum number of persons and the maximum weight of luggage that may be carried;
(iii) that the Regional Transport Authoritymay,after giving notice of not less than one month €“
(a) vary the conditions of the permit:
(b) attach to the permit further conditions;
(iv) that the conditionsof permitshall notbe departed from, save with the approval of the Regional Transport Authority;
(v)that specified standardsof comfortsandcleanliness shall be maintained in the vehicle;
(vi) that the holder of the permit shall furnish to the Regional TransportAuthority such periodical returns, statistics and otherinformation asthe State Government may, from time to time, specify; and
(vii)Such other conditions as may be prescribed.
77. Application for goods carriage permit.
An application for a permit touse amotor vehiclefor the carriage of goods for hire or reward orfor the carriage of goods for or in connection with a trade or businesscarried onby the applicant (in this Chapter referred to as agoods carriagepermit) shall,as faras maybe, containthe following particulars, namely €“
(a) the area or the route or routes to which the application relates;
(b) the type and capacity of the vehicle;
(c) the nature of the goods it is proposed to carry;
(d) the arrangements intendedto bemade for the housing, and repair ofthe vehicleand for the storage and safe custody of the goods;
(e) such particulars as the Regional Transport Authority may require withrespect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making ofthe application, and oftherateschargedbythe applicant;
(f)particularsof any agreement, or arrangement, affecting in any material respectthe provision within the region of the Regional Transport Authority offacilities for the transport of goods forhire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region;
(g) any other particulars which may be prescribed.
Consideration of application for goods carriage permit

78. A Regional TransportAuthority shall, in considering an application for a goodscarriagepermit,haveregard tothefollowingmatters, namely €“
(a) the nature ofthe goodsto becarriedwithspecial reference to their dangerous or hazardous nature to human life;
(b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life.
79. Grant of goods carriage permit.
(1) A Regional Transport Authority may,on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely €“
(i)that the vehicle shall be used only in a specified area or on a specified route or routes;
(ii)that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;
(ii)that goods of a specified nature shall not be carried;
(iv) that goods shall be carried at specified rates;
(v)that specified arrangement shall be made for the housing, maintenanceand repairof thevehicle and the storage and safe custody of the goods carried;
(vi) that the holder of the permit shall furnish to the Regional TransportAuthority such periodical returns, statistics and otherinformation asthe State Government may, from time to
(vii)Regional Transport Authority may, after giving notice of not less than one month €“
(a) vary the conditions of the permit;
(b) attach to the permit further conditions;
(vii)thatthe conditionsofthepermitshallnotbe departed from,save withthe approval of the Regional Transport Authority;
(ix) any other conditions which may be prescribed.
(3) The conditions referredto insub-section (2)may include conditionsrelatingtothepackagingandcarriageof goods of dangerous or hazardous nature to human life.
Procedure in applying for and granting permits
80. (1) An application for a permit of any kind may be made at any time.
(2) A Regional Transport Authority shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act:
Provided thatthe RegionalTransportAuthoritymaysummarily refuse theapplication ifthe grant of any permit in accordance with the applicationwould havethe effectof increasingthe numberof stage carriagesas fixedand specifiedina notificationinthe Official Gazetteunder clause (a) of sub-section (3) of section 71 or of contractcarriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74:
ProvidedfurtherthatwhereaRegionalTransportAuthority refuses anapplication forthe grantof apermit of any kind under this Act,it shallgive tothe applicant in writing its reasons for the refusalof thesame andan opportunityof being heard inthe matter.
(3) Anapplication tovary theconditions of any permit, other than atemporary permit, by the inclusion of a new route or routes or a new area orby alteringthe route or routes or area covered by it, or in the caseof a stage carriage permit by increasing the number of trips abovethespecifiedmaximumorbythevariation,extensionor curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit:
Providedthatitshallnotbenecessarysototreatan application madeby theholder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles:
Provided further that €“
(i)inthe caseof variation,the terminishallnotbe altered andthe distancecovered bythevariationshall not exceed twenty-four kilometres;
(ii)inthe caseof extension,thedistancecoveredby extensionshallnotexceedtwenty-fourkilometres fromthe termini, andany suchvariation or extension within such limits shall bemade onlyafter thetransport authorityis satisfied that suchvariation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof.
(4) A Regional Transport Authority may, before such date as may be specifiedby itin thisbehalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72or section 74 or section 76 or section 79, as the case may be, andthe freshpermit shall be valid for the same route or routes or the same area for which the replaced permit was valid:
Provided that no condition other than a condition which was already attachedto thereplaced permitor whichcould havebeen attached theretounder thelaw in force when that permit was granted shall beattached tothe freshpermit exceptwith theconsent in writing of the holder of the permit.
(5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective.
Duration and renewal of permits

81. (1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective without renewal for a period of five years:
Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.
(2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry.
(3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicantwas preventedby good and sufficient cause from making an application within the time specified.
(4) The Regional TransportAuthorityortheStateTransport Authority, asthe casemay be,may rejectan applicationforthe renewal of a permit on one or more of the following grounds, namely €“
(a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period ofthirty days, prior to the date of consideration of the application;
(b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days priorto thedateofconsideration of the application committed as a result of the operation of a stagecarriage service by the applicant, namely €“
(i)plying any vehicle €“
(1) Without payment of tax due on such vehicle;
(2) Without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle;
(3) on any unauthorised route;
(ii)making unauthorised trips:
Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account:
Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant.
(5) Where a permit has been renewed under this section after the expiry ofthe period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit hasbeen granted,the feepaid inrespect of such temporary permit shall be refunded.
82. Transfer of permit.
(1) Save as provided in sub-section (2), a permitshall notbe transferable from one person to another except with the permission ofthe transportauthoritywhichgrantedthe permit andshall not,without suchpermission, operate to confer on any personto whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:
Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit:
Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder.
(2)The transport authority may, on application made to it within three monthsof thedeath ofthe holderof apermit, transfer the permit tothe personsucceeding tothe possessionof thevehicles covered by the permit:
Provided that the transport authority may entertain an application made after theexpiry of the said period of three months if itis satisfiedthat theapplicant waspreventedbygoodand sufficient cause from making an application within the time specified.
83. Replacement of vehicles.
The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.
84. General conditions attaching to all permits.
The following shall be conditions of every permit €“
(a) thatthe vehicleto whichthe permitrelates carries valid certificateof fitnessissued undersection 56 and is at all timesso maintainedas tocomply withthe requirements of this Act and the rules made thereunder;
(b) that the vehicleto whichthe permitrelates isnot driven at a speed exceeding the speed permitted under this Act;
(c) that any prohibitionor restrictionimposed and any fares orfreight fixed by notification made under section 67 are observed inconnection withthe vehicletowhichthepermit relates;
(d) that the vehicle to whichthe permit relates is not driven in contravention of the provisions of section 5 or section
(e) thatthe provisionsof thisAct limiting the hours of work ofdrivers areobserved inconnection with any vehicle or vehicles to which the permit relates;
(f)thatthe provisions of Chapters X, XI and XII so far as they apply to the holder of the permit are observed; and
(g) thatthe nameand addressof theoperatorshallbe painted or otherwise firmly affixed to every vehicle to which the permit relateson theexterior ofthe bodyof that vehicle on both sidesthereof in a colour or colours vividly contrasting to the colourof the vehicle centered as high as practicable below the window line in bold letters.
85. General form of permits.
Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.
Cancellation and suspension of permits
86. (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit €“
(a) on the breachof any condition specified in section 84 or of any condition contained in the permit, or
(b) if the holderof the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or
(c) if the holderof thepermit ceases to own the vehicle covered by the permit, or
(d) if the holderof the permit has obtained the permit by fraud or misrepresentation, or
(e) if the holderofthegoodscarriagepermit,fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or
(f)if the holder of the permit acquires the citizenship of any foreign country:
Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation.
(2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority.
(3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken.
(4) Thepowers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68.
(5) Wherea permitis liable to be cancelled or suspended under clause (a)or clause(b) or clause (e)of sub-section (1) and the transportauthority is of opinionthathavingregardtothe circumstances ofthe case,it would not be necessary or expedient so to cancelor suspend the permit if the holder of the permit agrees to pay acertain sumof money, then, notwithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspendingthe permit, as the case may be, recover from the holder of the permit the sum of money agreed upon.
(6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority.
(7) In relation toa permitreferred toin sub-section (9) of section 88,the powersexercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit,may beexercised byanytransport authority and any authority orpersons towhom power in this behalf has been delegated under sub-section(5) ofsection 68,as if the saidpermit was a permit granted by any such authority or persons.
Temporary permits
87. (1) A Regional Transport Authority and the State Transport Authority may without followingthe procedurelaid down in sector 80, grant permits, to be effective for a limited period which shall,not in any case exceed four months, to authorise the use of a transport vehicle temporarily €“
(a) for the conveyanceof passengerson special occasions such as to and from fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit, andmay attachto anysuch permit such condition as it may think fit:
Provided thata Regional Transport Authority or, as the case may be, StateTransport Authoritymay, inthe caseof goods carriages, under thecircumstances ofan exceptional nature, and for reasons to be recordedin writing,grant a permit fora period exceeding four months, but not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where €“
(i)no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or
(ii)asa resultof thesuspension bya courtorother competent authorityof the permit ofany vehicle in respect of that route or area,there is no transportvehicle of the same class with a valid permit in respect of that route or area, or there is no adequatenumber of such vehicles in respect of that route orarea, for a periodnot exceedingthe periodof such suspension.
Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended.
Validation of permits for use outside region in which granted
88. (1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authorityof any one region, for anyarea in any other region orregions withinthe sameState shall be valid in that area without the countersignature ofthe Regional Transport Authorityoftheother region or of each of the other regions concerned:
Provided furtherthat whereboth thestartingpointandthe terminal pointof a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceedsixteen kilometers, the permit shall be valid in the other State inrespect ofthat partof theroute whichis in that other State notwithstandingthat suchpermit has not been countersigned by the State Transport Authorityor the Regional Transport Authority of that other State:
Provided also that €“
(a) where a motor vehicle covered by a permit granted in one State isto beused forthe purposesof defence in any other State, such vehicle shalldisplay acertificate, in such form, issuedby suchAuthority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicleshall beusedfortheperiodspecifiedtherein exclusively for the purposes of defence; and
(b) any such permit shall be valid in that other Statenotwithstanding thatsuch permithas notbeen countersigned by the State Transport Authority or the Regional Transport Authority of that other State.
(2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit.
(3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted.
(3)The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits:
Provided thatit shallnot be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where thepermits grantedinanyoneStatearerequiredtobe countersigned by the State Transport Authority of another State or by theRegionalTransportAuthorityconcernedasaresultofany agreement arrivedat betweenthe Statesaftercomplyingwiththe requirements of sub-section (5).
(5) Every proposal to enter into an agreement between the States to fixthe numberof permitswhich isproposed to begrantedor countersigned inrespect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any oneor more of the newspapers in regional language circulating in the areaor routeproposed tobe coveredby the agreement together with anotice ofthe date before which representations in connection therewith maybe submitted,and thedate not being less than thirty days from the of publication in the Official Gazette, on which, and the authority by which, andthetimeandplaceatwhich,theproposalandany representation received in connection therewith will be considered.
(6) Every agreement arrivedat betweenthe States shall, in so far asit relatesto thegrant ofcountersignature of permits, be published byeach ofthe State Governments concerned in the Official Gazette and in any one or more of the newspapersin theregional language circulating in the area or route covered by the agreement and the StateTransport Authority of the State and the Regional Transport Authority concerned shall give effect to it.
(7) Notwithstanding anything contained in sub-section (1), a Regional TransportAuthority ofone regionmayissuea temporary permit undersection 87to bevalid in another region or State with the concurrence,given generally or for the particular occasion, of the RegionalTransport Authority of that other region or of the State Transport Authority of that other State, as the case may be.
(8) Notwithstandinganything containedin sub-section(1), but subject toany rulesthat maybe made under this Act by the Central Government, theRegional Transport Authority of any one region or, as thecasemaybe,theStateTransport Authority,may,forthe convenience ofthe public,grant aspecial permitin relation to a vehicle covered by a permit issuedunder section 72 (including a reserve stagecarriage) orunder section 74 or under sub-section (9) of thissection forcarrying a passenger orpassengers for hire or reward undera contract,express orimplied, fortheuseofthe vehicle asa wholewithout stopping to pick up or set down along the line ofroute passengersnot includedin the contract, and in every case wheresuch specialpermit isgranted, theRegionalTransport Authority shallassign to the vehicle, for display thereon, a special distinguishing markin theform andmanner specified by the Central Government andsuch special permit shall be valid in any other region or StatewithoutthecountersignatureoftheRegionalTransport Authority ofthe otherregion or of the State Transport Authority of the other State, as the case may be.
(9) Notwithstanding anything contained in sub-section (1) but subject toany rules that may be made by the Central Government under sub-section (14),any StateTransport Authority may, for the purpose of promotingtourism, grantpermits in respect oftourist vehicles valid forthe wholeof India, or in such contiguous States not being less thanthree innumber including the State in which the permit is issued asmay bespecified insuch permitin accordancewiththe choice indicated in the application and the provisions of sections 73, 74, 80,81, 82,83, 84, 85, 86 and 89 shall, as far as may be, apply in relation to such permits.
(10)Without prejudice to the provisions of section 74, the State Transport Authorityshall, in considering an application for a permit under sub-section(9) in respect of tourist vehicles other than motor cabs have regard to the following matters, namely €“
(a) no such permit shall be issued €“
(i)to an individual owner soas toexceed ten such valid permits in his own name,
(ii)to a company so as to exceedtwenty such valid permits in its own name;
(b) the restriction under clause (a) regarding the number of permits tobe grantedshall not apply to theIndia Tourism Development Corporation, State Tourism Development Corporations, State Tourism Departments or State transport undertakings;
(c) incomputing thenumber of permits for the purposes of clause (a),the numberof permtsheld by an applicant in the name ofany otherperson and the permits held by any company of which suchapplicant isa directorshall also betakeninto account.
Explanation – For the purposes of this sub-section and sub- section (13), “company” means a body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm.
(11)The following shall be conditions of every permit granted under sub-section (9), namely €“
(i)every motor vehiclein respect of which such permit is granted shallconform to such description, requirement regarding the seatingcapacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf;
(ii)everysuch motorvehicle shallbe driven by a person having suchqualifications and satisfying such conditions as may be specified by the Central Government; and
(iii) such other conditionsas maybe prescribedbythe Central Government.
(12)Notwithstanding anything contained in sub-section (1), but, tothe rules that may be made by the Central Government under sub-section (14),the appropriateauthority may,for the purpose of encouraging longdistance inter-Stateroad transport,grantina State,nationalpermitsinrespectofgoodscarriagesandthe provisions ofsections 69,77, 79, 80, 81, 82, 83, 84, 85, 86 and 89 shall, asfar asmay be,apply toor inrelation tothe grant of national permits.
(13)The appropriate authority shall, in considering an application for a national permit, have regard to the following matters, namely €“
(a) no national permit shall be issued €“
(i)to anindividualownersoastoexceedfive national permits in its own name;
(ii)to a companyso asto exceed ten valid national permits in its own name;
(b) the restriction under clause (a) regarding the number of permits to be issued shall notapply to theState transport undertakings;
(c) in computing thenumber of permits for the purposes of clause (a),the numberof permitsheld byan applicant in the name of anyother person and the permits held by any company of which such applicant is a director shall also be taken into account.
(14)(a) The CentralGovernment may make rules for carrying out the provisions of this section.
(b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely €“
(i)The authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12);
(ii)the fixation of the laden weight of the motor vehicle;
(iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle;
(iv) the colour or colours in which the motor vehicle is to be painted;
(v)such other mattersas theappropriate authority shallconsider in granting a national permit.
Explanation.–In this section €“
(a) “appropriate authority”, inrelationtoa national permit, means the authority which is authorised under this Act to grant a goods carriage permit;
(b) “authorisation fee” means the annual fee, not exceeding one thousandrupees, whichmay be charged bytheappropriate authority ofa Stateto enablea motor vehicle, covered by the permit referredto insub-sections (9) and (12)to be used in other Statessubject tothe paymentof taxesor fees, if any, levied by the States concerned;
(c) “nationalpermit”meansapermitgrantedbythe appropriate authorityto goodscarriages tooperate throughout the territoryof Indiaor insuch contiguous States, not being less than four in number, including the State in which the permit is issuedas maybe specified in such permit in accordance with the choice indicated in the application
Appeals
89. (1) Any person €“
(a) aggrievedby therefusal ofthe Stateor aRegional Transport Authorityto grantapermit,orbyany condition attached to a permit granted to him, or
(b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or
(c) aggrieved by therefusal totransfer the permit under section 82, or
(d) aggrieved by therefusal ofthe Stateor aRegional Transport Authorityto countersign a permit, or by any condition attached to such countersignature, or
(e) aggrieved by the refusal of renewal of a permit, or
(f)aggrieved by therefusaltograntpermissionunder section 83, or
(g) aggrievedby anyother orderwhich may be prescribed, withinthe prescribed time andin theprescribed manner, to the State Transport AppellateTribunalconstituted under sub-section(2), whoshall, aftergiving such person and the originalauthority anopportunity ofbeing heard,givea decision thereon which shall be final.
(2) The State Government shall constitute for the State, a State Transport Appellate Tribunal which shall consist of a judicial officer who is not below the rank of a District Judge, or who is qualified to be a Judge of a High Court:
Provided that in relation to a Union territory, the Tribunal may consist of the Administrator of that territory or any officer who has judicial experience.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed.
Explanation.–For theremoval ofdoubts, itis hereby declared that whenany orderis madeby the State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State TransportCommission under clause (c) of sub-section (2) section63A of the MotorVehicles Act, 1939, (4 of 1939.) as it stood immediatelybefore the commencement of this Act, and any person feels aggrievedby suchorder onthegroundthatitisnotin consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal againstsuch order but not against the direction so issued.
90. Revision.
The StateTransport Appellate Tribunal may, on an application madeto it,call forthe record of any case in which an order hasbeen madebyaStateTransportAuthorityorRegional Transport Authority against which no appeal lies, and if it appears to the StateTransport AppellateTribunal thatthe ordermade bythe State TransportAuthority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relationto the case as it deems fit and every such order shall be final:
Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order:
Provided furtherthat the State Transport Appellate Tribunal may entertain theapplication afterthe expiryof thesaid periodof thirty days,if itis satisfiedthat the applicant was prevented by good and sufficient cause from making the application in time:
Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
91. Restriction of hours of work of drivers.
(1) No person shall cause or allow any person who is employed by him for the purpose of driving a transport vehicle or who is subject to his control for such purpose to work
(a) for more thanfive hours before he has had an interval of rest of at least half an hour; or
(b) for more than eight hours in one day; or
(c) for more than forty-eight hours in any week.
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, ifauthorised in this behalf by the State Governmentby rules made under section 96, the State or a Regional TransportAuthority may require persons employing any person whose workis subjectto any of the provisions of sub-section (1) to fix beforehandthe hoursof work of such persons so as to conform to those provisions,and mayprovide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).
92. Voidance of contracts restrictive of liability.
Any contract for the conveyance of a passenger in a stage carriage or contract carriage, inrespect ofwhich apermit has been issued under this Chapter, shall,so faras itpurports tonegative orrestrict the liability ofany personin respectof any claim madeagainst that person inrespect of the death of, or bodily injury to, the passenger while beingcarried in,entering or alighting fromthe vehicle, or purports toimpose anyconditions with respect to the enforcement of any such liability, be void.
93. Agent or canvasser to obtain licence.
(1) No person shall engage himself €“
(i)as an agentor a canvasser, in the sale of tickets for travel bypublic servicevehicles orinotherwise soliciting custom for such vehicles, or
(ii)as an agent in the business of collecting, forwarding or distributinggoods carriedby goods carriages, unless he has obtained alicence fromsuch authorityandsubjecttosuch conditions as may be prescribed by the State Government.
(2) The conditions referred to in sub-section (1) may include all or any of the following matters, namely €“
(a) the period forwhichalicencemaybegrantedor renewed;
(b) the fee payable for the issue or renewal of the licence;
(c) the deposit of security €“
(i)of a sum not exceeding rupees fifty thousand in the case ofan agentin the business of collecting, forwarding or distributing goods carried by goods carriages;
(ii)of a sum not exceeding rupees five thousand in the case ofany other agent or canvasser, and the circumstances under which the security may be forfeited;
(d) the provisions bythe agentof insuranceof goods in transit;
(e)the authority by which and the circumstances under which the licence may be suspended or revoked;
(f)such other conditions as may be prescribed by the State Government.
(3) It shall be a condition of every licence that no agent or canvasser to whom thelicence is grantedshalladvertisein any newspaper, book,list,classifieddirectoryorotherpublication unless there is contained in such advertisement appearingin such newspaper, book, list, classifieddirectory or other publication the licence number,the dateof expiry of licence and the particulars of the authority which granted the licence.
Bar on jurisdiction of Civil Courts
94. No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit underthis Act,and no injunction inrespect ofany action taken orto betaken bythe duly constituted authorities under this Act withregard to the grant of a permit, shall be entertained by any Civil Court.
95. Power of State Government to make rules as to stage carriages and contract carriages.
(1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles.
(2) Without prejudice to the generality of the foregoing provision, such rules may €“
(a) Authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, any police officer;
(b) Require a passenger who is reasonably suspected by the driver or conductor of contraventing the rules to give his name and address to a police officer or to the driver or conductor on demand;
(c) requirea passengerto declare,if so demanded by the driver orconductor, the journey he intends to take or has taken in thevehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefore;
(d) require,on demandbeing madefor thepurpose by the driver orconductor orother person authorised by the owners of the vehicle,production duringthe journey and surrender at the end ofthe journey by the holder thereof of any ticket issued to him;
(e) require a passenger,if sorequested by the driver or conductor, toleave the vehicle on the completion of the journey the fare for which he has paid;
(f)require the surrenderby theholderthereofonthe expiry of the period for which it is issued of a ticket issued to him;
(g) require a passenger to abstain from doing anything which is likelyto obstructor interferewiththeworking ofthe vehicle orto causedamage toany partof thevehicle or its equipmentortocauseinjuryordiscomforttoanyother passenger;
(h) require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited;
(i)requirethe maintenance of complaintbooksinstage carriages and prescribe the conditions under which passengers can record any complaints in the same.
Power of State Government to make rules for the purposes of this Chapter
96. (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely €“
(i)theperiod ofappointment and the terms of appointment of andthe conductof businessby Regional and State Transport Authorities and the reports to be furnished by them;
(ii)the conduct ofbusiness byany such authority in the absence ofany member(including theChairman) thereof and the nature ofbusiness which,the circumstances under which and the manner in which, business could be so conducted;
(iii) the conductandhearingofappealsthatmaybe preferred underthis Chapter,the fees to be paid in respect of such appeals and the refund of such fees;
(iv) the forms to be used for the purposes of this Chapter, the forms of permits;
(v)the issue of copies of permits in place of permits lost, or multilated;
(vi)thedocuments, platesandmarkstobecarriedby transport vehicles,the mannerin whichthey are to be carried andthelanguagesinwhichanysuchdocumentsare to be expressed;
(vii)the fees tobe paidin respectof applications for permits duplicate permits and plates;
(viii) theexemption ofprescribedpersonsorprescribed classes ofpersons frompayment of all or any or any portion of the fees payable under this Chapter;
(ix) the custody, production and cancellation on revocation or expirationof permits,and thereturn of permits which have been cancelled;
(ix)the conditions subjectto which,andtheextentto which, apermit grantedin anotherState shall be valid in the State without countersignature;
(x)the conditions subjectto which,and theextentto which, apermit grantedin one region shall be valid in another region within the State without countersignature;
(xii)the conditions tobe attachedtopermitsforthe purpose ofgiving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67;
(xiii) the authorities towhom, thetime within which and the manner in which appeals may be made;
(xiv)the construction and fittings of, and the equipment to be carriedby, stage and contract carriage, whether generally or in specified areas;
(xiv)the determination ofthe number of passengers a stage or contract carriage is adapted to carry and the number which may be carried;
(xv)the conditions subjectto which goods may be carried on stageand contractcarriages partlyor whollyin lieuof passengers;
(xvi)the safe custodyand disposal of property left in a stage or contract carriage;
(xvii)regulatingthe paintingormarkingoftransport vehicles andthe displayof advertisingmatter thereon, and in particular prohibitingthepaintingormarkingoftransport vehicles insuch colouror manneras to induce anyperson to believe that the vehicle is used for the transport of mails;
(xix)theconveyance instageorcontractcarriagesof corpses orpersons sufferingfrom anyinfectious or contagious diseaseorgoodslikelytocausediscomfortorinjuryto passengers andthe inspection and disinfection of such carriage; if used for such purposes;
(xx)theprovision oftaxi meterson motor cabs requiring approval orstandardtypesoftaximeterstobe usedand examining testing and sealing taxi meters;
(xxi)prohibitingthepickinguporsettingdownof passengers bystage or contract carriages at specified places or in specifiedareas orat places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring toboard oralight fromthevehicle atanotified halting place;
(xxii)therequirements which shall be complied with in the construction oruse of any duly notified stand or halting place, the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be chargedfor theuse ofsuch facilities,the recordswhich shall bemaintained atsuch standsor places,the staff to be employed thereat,and theduties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition;
(xxiii)the regulation of motor cab ranks;
(xxiv)requiringthe owners of transport vehicles to notify any changeof addressor toreport the failure of or damage to any vehicleused forthe conveyanceof passengersfor hire or reward;
(xxv)authorisingspecifiedpersonstoenteratall reasonable timesand inspect all premises used by permit holders for the purposes of their business;
(xxvi)requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare;
(xxvii)the conditionsunderwhichandthetypesof containers orvehicles inwhich animals or birds may be carried and the seasons duringwhich animals or birds may or may not be carried;
(xxviii)thelicensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles;
(xxix)the licensing of agents engagedin the business of collecting for forwarding and distributing goods carried by goods carriages;
(xxx)the inspectionoftransportvehiclesandtheir contents and of the permits relating to them;
(xxxi)the carriage of persons other than the driver in goods carriages;
(xxxii)the records tobe maintained and the returns to be furnished by the owners of transport vehicles; and
(xxxiii)anyothermatterwhichistobeormaybe prescribed.

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