THE MOTOR VEHICLES ACT 1939 CHAPTER IV CONTROL OF TRANSPORT VEHICLES India Bareacts - Indian Bare Acts

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939

Act : CHAPTER IV

CONTROL OF TRANSPORT VEHICLES

42.
Necessity for permits.

42.Necessity for permits. (1) No owner of , a transport vehicle
shall,use or permit the use of the vehicle in any public place or not
such vehicle is actually carrying any passenger or goods)] in
accordance with the conditions of a permit granted or countersigned by
a Regional or State Transport Authority 4[or the Commission]
authorising 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 con-
ditions 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 vehicle either when carrying passengers or
not:

Provided further that a public carriers permit shall, subject to
any conditions that may be specified in the permit, authorise the
holder to use the vehicle for the carriage of goods for or in connec-
tion with a trade or business carried on by him.

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1 Ins. by Act 20 of 1942, s. 12.
2 Subs. by Act 100 of 1956, s. 35, for "delivery vans" (w.e.f.
16-2-1957).

3 Ins. by Act 56 of 1969, s. 17 (w.e.f. 2-3-19.70).

4 Ins. by Act 100 of 1956, s. 36 (w.e.f. 16-2-1957).
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61.

(2) In determining, for the purposes of this Chapter, whether a
transport vehicle is or is not used for the carriage of goods for hire
or reward,-

(a) the delivery or collection by or on behalf of the owner
of goods sold, used or let on hire or hire-purchase in the
course of any trade or business carried on by him other than
the trade or business of providing transport,

(b) the delivery or collection by or on behalf of the owner
of goods which have been or which are to be subjected to a
process or treatment in the course of a trade or business
carried on by him, or

(c) the carriage of goods in a transport vehicle by a
manufacturer of or agent or dealer in such goods whilst the
vehicle is being used for demonstration purposes,

shall not be deemed to constitute a carrying of the goods for hire or
reward but the carriage in a transport vehicle of goods by a person
not being a dealer in such goods who has acquired temporary ownership,
of the goods for the purpose of transporting them to another place
and there relinquishing ownership shall be deemed to constitute a
carrying of the goods for hire or reward.

(3) Sub-section (1) shall not apply--

1[(a) to any transport vehicle owned by the Central Govern-
ment 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;

(e) to any transport vehicle used for towing a disabled
vehicle or for removing goods FROM a disabled vehicle to a
place of safety:

2*

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1 Subs. by Act 100 of 1956, s. 36, for the former cl. (w.e.f.
16-2-1957).

2 Cl. (ee) ins. by s. 36, ibid., was omitted by Act 56 of 1969,
s. 17 (w.e.f. 1-6-1973).

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62.

(f) to any transport vehicle used for any other public
purpose prescribed in this behalf ;

1[(ff) to any transport vehicle used by a person who manufac-
tures or deals 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 Official Gazette, specify in this
behalf;]

(g) to any transport vehicle owned by, and used solely for
the purposes of, any educational institution which is
recognised by the State Government or whose managing
committee is a society registered under the Societies
Registration Act, 1860; (21 of 1860).

2* *

6[(i) * * to any goods vehicle which is a light motor vehicle
and does not ply for hire or reward. or to any two wheeled
trailer with a registered laden weight not exceeding 2[800
kilograms] drawn by a motor car;]

(j) subject to such conditions as the Central Government
may, by notification in the Official Gazette, specify, to any
transport vehicle purchased in one State and proceeding to a
place,- situated in any other State, without carrying any
passenger or goods;

(k) to any transport vehicle which has been temporarily
registered under section 25, while proceeding empty to any
place for the purpose of registration of the vehicle under
section 24;

(l) to any transport vehicle used for such purposes
(other than plying for hire or reward) as the Central
Government may, by notification in the Official Gazette,
specify;

(m) to any transport vehicle which, owing to flood,
earthquake or any other natural calamity, is required to be
diverted

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1 Ins. by Act 56 of 1969, s. 17 (w.e.f. 1-6-1973).

2 Cl. (h) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-
1968).

3 Subs. by Act 100 of 1956, s. 36, for the former cl (w.e.f.
16-2-1957).

4 The words "except as may otherwise be prescribed," omitted by
Act 56 1969, s. 17 (we.f. 1-6-1973).

5 Subs. by Act 51 of 1960, s. 3 for " 1,700 pounds avoirdupois"
(w.e.f 1-1-1961).

6 Ins. by Act 56 of 1969, s. 17 (w.e.f. 1-6-1973).

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63.

through any other route, whether within or outside the State,
with a view to enabling it to reach its destination; or

(n) to any transport vehicle 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 68 so
prescribes, apply to any motor vehicle adapted to carry more than nine
1[persons] excluding the driver.

43.
Power to State Government to control road transport.

43.Power to State Government to control road transport.(1) A
State Government, HAVING regard to-

(a) the advantages offered to the public, trade and
industry by the development of motor transport, and

(b) the desirability of coordinating road and rail
transport, and.

(c) the desirability of preventing the deterioration of the
road system, and

(d) the- desirability of preventing uneconomic competition
among motor vehicles,

2[may, FROM time to time, by notification in the Official
Gazette, issue directions to the State Transport Authority-

(i) regarding the fixing of fares and freights 3[(including
the maximum and minimum in respect thereof)) for stage
carriages, contract carriages and public carriers ;

(ii) regarding the prohibition or restriction, subject to
such conditions as may be specified in the directions, of the
conveying of long distance goods traffic generally, or of
specified classes of goods, by private or public carriers;

(iii) regarding he grant of permits for alternative routes
or areas, to persons in whose cases the existing permits
4[are not renewed in pursuance of the provisions of sub-
section (ID) of- section 68F, or) are cancelled or the terms
thereof are modified in exercise; of the powers conferred by
clause (b) or clause (c) of sub-section (2) of section 68F;

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1 Subs. by Act 100 of 1956, s. 36, for "passengers" (w.e.f.
16-2-1957).

2 Subs. by s. 37, ibid., for certain original words (w.e.f. 16-2-
1957).

3 Certain words ins. by Act 56 of 1969, S. 18 (w.e.f. 2-3-
1970).

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64.

(iv) regarding any other matter which may appear to the
State Government necessary or expedient for giving effect to
any, agreement entered INTO with the Central Government or
any other State Government or the Government of any other
country relating to the regulation of motor transport
generally, and in particular to its co-ordination with other
means of transport and the conveying of long distance goods
traffic :

Provided that no such notification 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) The State Government shall permit, at such intervals of time
as it may fix, the interests affected by any notification issued under
sub-section (1) to make representations urging the cancellation or
variation of the notification on the following grounds,

(a) that the railways are not giving reasonable facilities
or are king unfair, advantage of the: action of the /State
Government under this section.; or

(b) that conditions have changed since the publication of
the notification ; or?

(c) that the special needs of a particular industry or
locality require to be considered afresh.

(3) If the State Government, after considering any
representation made to it under sub-section (2) and HAVING heard the
representatives of the interests affected and 1[the State Transport
Authority], is satisfied that any notification issued under sub-
section (1) ought to be cancelled or varied, it may cancel the
notification or vary it in such manner as it thinks fit.

44.
Transport authorities.

44.Transport authorities.(1) The State Government shall, by
notification in the Official Gazette, constitute for the State a State
Transport Authority to exercise and discharge the powers and functions
specified in subsection (3), and shall in like manner constitute
Regional Transport Authorities to exercise and discharge throughout
such areas (in: this

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1 Subs. by Act 100 of 1956, s. 37, for "the State and Regional
Transport Authorities" (w.e.f. 16-2-1957).

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65.

Chapter referred to as regions) as may be specified in the
notification, in respect of each Regional Transport Authority, the
powers and functions conferred by or under this Chapter on such
Authorities :

Provided that 1* * * in 2[the Union territories] the State
Government may abstain FROM constituting any Regional Transport
Authority;

Provided further that the area. specified as the region of a
Regional Transport Authority shall in no case be less than an entire
district, or the whole area of a Presidency-town.

(2) A State Transport Authority or a Regional Transport Autho-
rity shall consist of 3[a Chairman who has had 7 ["judicial
experience or experience as an appellate or a revisional authority
under any law relating to land revenue" ] 4[and in the case of a
State Transport Authority, such other officials and non-officials, not
being less than two, and, in the case of a regional Transport
Authority, such other persons (whether officials or not), not being
less than two,] as the State Government may think fit to appoint]; but
no person who has any financial interest whether as proprietor,
employee or otherwise in any transport undertaking shall be appointed
as or continue as a member of a State or Regional Transport Authority,
and, if any person being a member of any such Authority acquires a
financial interest in any transport undertaking, he shall, within four
weeks of so doing, give notice in writing to the State Government of
the acquisition of such interest and shall vacate office.

5[6[Provided that nothing in this section shall prevent any of
the members of the State Transport Authority or the Regional Transport
Authority, as the case may be, to preside over a meeting of such
Authority during the absence of the Chairman, notwithstanding that
such member does not possess 7[ judicial experience or experiences as
an appellate or a revisional authority under any law relating to land
revenue ]

Provided further that the State Government may-

(i) where it considers necessary or expedient so to do,
constitute Regional Transport Authority for any region so as
to consist of only one member who shall be an official with,
7[judicial experience or experience as an appellate or a
revisional authority under any law relating to land revenue]

(ii) by rules made in this behalf, provide for the
transaction of business in the absence of the Chairman or any
other

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1 The words " in the North-West Frontier Province and
the A.O. 1948.
2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part
C States ".

3 Subs. by Act 100 of 1956, s. 38, for certain original words
(w.e.f. 1-8-1957).

4 Subs. by Act 56 of 1969, s. 19, for certain words (w.e.f. 2-
3-1970).

5 Ins. by Act 100 of 1956, s. 38 (w.e.f. 1-8-1957).

6 Subs. by Act 56 of 1969, s. 19, for Provided that-" (w.e.f.
2-3-1970).

7 Subs. by Act 47 of 1978, S. 20 (w.e.f. 16.1.1979.
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66.

member and specify the nature of business which, the
circumstances under which, and the manner in which, business
could be so 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 of a transport undertaking)
FROM being appointed as or continuing as a member of any such
Authority merely by reason of the fact that the Government employing
the official has, or acquires, ;any financial interest in a transport
undertaking.]

(3) A State Transport Authority 1[shall give effect to any
directions issued under section 43, and subject to such directions and
save as otherwise provided by or under this Act] shall 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) to perform the duties of a Regional Transport Authority
where there is no such Authority and, if it thinks fit or if
so required by a Regional Transport Authority, to perform
those duties in respect of any route common to two or more
regions ;

(c) to settle all disputes and decide all matters on which
differences of opinion arise between Regional Transport
Authorities; and

(d) to discharge such other functions as may be prescribed.

(4) For the purpose of exercising and discharging the powers and
functions specified in sub-section (3), a State-Transport Authority
may, subject to such conditions as may be prescribed, issue_
directions to any Regional Transport Authority and the Regional
Transport Authority shall tin the discharge of its functions under
this Act, give effect to and] guided by such directions.

2[(5) The State Transport Authority and any Regional Transport
Authority, if authorised in this behalf by rules made under section
68, may delegate such of its powers and functions to such authority or
person and subject to such restrictions, limitations and conditions as
may be prescribed by the said rules.]

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1 Ins. by Act 100 of 1956, s. 38 (w.e.f. 16-2-1957).

2 Added by Act 20 of 1942, s. 13.
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67.

1[45. CI(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:

General provisions as to applications for permits. 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
portion of the proposed route or area lies, and in case the portion of
the proposed route or area in each of the regions is approximately
equal, to the Regional Transport Authority of the region in which it
is proposed to keep the vehicle or vehicles:

Provided further that if it is proposed-to use the vehicle or
vehicles in two or more regions lying in different States, the
application shall be made to the Regional Transport Authority of the
region in which the applicant resides or has his principal place of
business.]

3[(2) Notwithstanding anything contained in sub-section (1), the
State Government may, by notification in the Official Gazette, direct
that in the case of any vehicle or vehicles proposed to be used in two
or more regions lying in different States, the application under that
sub-section shall, be made to the State Transport Authority of the
region in which the applicant resides or has his principal place of
business.

(3) Every applicant for the grant of a new permit under section
46 or section 54 shall deposit, by way of security, With his
application an amount in such manner and at such rate not exceeding
rupees two hundred per, motor vehicle, as the State Government may,
with reference to each class of vehicle, by notification in the
Official Gazette, specify.

(4) The security furnished under sub-section (3) may be
forfeited in whole or in part by the transport authority if it is
satisfied that the application was made for the purpose of preventing
the issue of :a temporary permit under section 62 and the *hole or
part of it as has not been forfeited shall be refunded to the
applicant, as soon as may be, after the disposal of the application;

Provided that no such forfeiture shall be made unless tile
transport authority has given the applicant a reasonable opportunity
of being heard.]

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1 Subs. by Act 100 of 1956, S. 39, for the original section
(w.e.f. 16-2-1957).

2 Renumbered by Act 56 of 1969, s.20 (w.e.f. 2-3-1970).

3 Ins. by s.20, ibid., w.e.f. 2-3-1970).

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68.

46.
Application for stage carriage permit.

1[46.Application for stage carriage permit. An application for a
permit in respect of a service of stage carriages or to use a
particular motor vehicle as a stage carriage (in this Chapter referred
to as a stage carriage permit) shall, as far as may be contain the
following particulars, namely:-

(a) the route or routes or the area or areas to which the
application relates ;

(b) the number of vehicles it is proposed to operate in
relation to each route or area and the type and seating
capacity of each such vehicle ;

(c) the minimum and maximum number of daily 2[trips] pro-
posed to be provided in relation to each route or area and
the time_table of the normal 2[trips] ;

3[Explanation.-For the purposes of this section. section 48. and section 57, " 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
and REPAIR of the 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.]

47.
Procedure of Regional Transport Authority in considering applicationfor stage
carriage permit.

47Procedure of Regional Transport Authority in considering
application for stage carriage permit. 4 [(1) A Regional Transport
Authority shall, in considering an application for a stage carriage
permit, have regard to the following matters, namely

(a) the interest of the public generally

(b) the advantages to the public of the service to be
provided, including the saving of time likely to be effected
thereby and any convenience arising FROM journeys not being
broken ;

(c) the adequacy of other passenger transport services
operating or likely to operate in the near future, whether by
road or other means, between the places to be served

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1 Subs. by Act 100 of 1956, s. 40, for the original section
(w.e.f. 16-2-1957).

2 Subs. of Act 56 of 1969, s. 21, for "services" (w.e.f. 2-3-
1970).

3 Ins. by s. 21, ibid. w.e.f. 2-3-1970).

4 Subs. by Act 100 of 1956, s. 41, for the original sub-section
(w.e.f. 16-2-1957).

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69.

(d) the benefit to any particular locality or localities
likely to be afforded by the service;

(e) the operation by the applicant of other transport
services, including those in respect of which applications
FROM him for permits ate pending;

(f) the condition of the roads included in the proposed
route or area;

and shall also take INTO consideration any representations made by
persons already providing passenger transport facilities by any means
along or near the proposed route or area, or by any association
representing persons interested in the provision of road transport
facilities recognised in this behalf by the State Government, or by
any local authority or police authority within whose jurisdiction any
part of the proposed route or area lies :

Provided that other conditions being equal, an application for a
carriage permit FROM a co-operative society registered or deemed to
have been registered under any enactment in force for the time being
[ and an application for a stage carriage permit form a person who has
a valid licence for driving transport vehicles] shall as far as may
be, be given preference over applications FROM individual owners.]

3[(1A) The Government of a State shall reserve in that State
certain percentage of stage carriage permits for the Scheduled Castes
and the Scheduled Tribes.

Explanation.-In this section and in sections 55 and 63,
"Scheduled Castes" and "Scheduled Tribes" have the meanings
respectively assigned to them in article 366 of the Constitution.

(1B) The reservation of permits under sub-section (1A) shall be
in the same ratio as in the case of appointments made by direct
recruitment to public services in the State.

(1C) The Government of a State may, HAVING regard to the extent
to which persons belonging to economically weaker sections of the
community have been granted stage carriage permits in that State.-

(a) reserve in that State such percentage of stage carriage
permits, as may be prescribed, for persons belonging to
economically weaker sections of the community; or

(b) notwithstanding anything contained in the proviso to
sub-section (1) give preference, in such manner as may be
prescribed to applications for stage carriage permits from
such persons.

Explanation I.-In this and in 4[section 55 and 68]4 person shall
be deemed to belong to economically weaker section of the community,
if and only if, on the prescribed date.-

(a) the annual income of such person together with the annual
income, if any, of the members of his family; or

(b)the extent of land (whether in one class or in different
classes) held by such person together with that, if any, held
by the members of his family; or

(c) the annual income and the extent of land aforesaid,
does, or do, not exceed such LIMIT as may be prescribed.

Explanation II.-For the purposes of Explanation I, "family", in
relation to an individual, means the wife or husband, as the case may
be, of such individual and the minor children of such individual.

(1D) The number of permits reserved under sub-section (lB) and
clause (a) of sub-section (1C) shall not exceed fifty per cent. of the
total number of stage carriage permits granted during a calendar year.

(1E)In giving effect to the provisions of sub-section (1B)
and clause (a) of sub-section (1C), the Regional Transport Authority
or the State Transport Authority may, if it considers necessary or
expedient so to do, GROUP the various routes within its jurisdiction.

(1F) Where any stage carriage permit is to be granted FROM the
quota reserved under sub-section (lB) or clause (a) of sub-section
(1C) to any co-operative society registered or deemed to have been
registered under any enactment in force for the time being or any firm
to which the pro-visions of the Indian Partnership Act, 1932 apply, no
permit shall be granted to such society or firm unless the members of
the co-operative society or the partners of the firm belong to the,
Scheduled Castes, the Scheduled Tribes or economically weaker sections
of the community:

Provided that where the members of such, co-operative society or
the partners of such firm are partly FROM the Scheduled Castes, partly
FROM the Scheduled Tribes and partly FROM the economically weaker
sections of the community, or FROM section shall be granted to such
society or firm only FROM the quota reserved for the category to
which the largest number of members of the co-operative society, or,
as the case may be, partners of the firm, belong:

Provided further that where no reservation has been made in the
State for economically weaker sections of the community under clause
(a) of sub-section (1C) no permit under this sub section shall be
granted to a co-operative society or firm unless the members of such
society or partners of such firm belong ` to the Scheduled Castes or
the Scheduled Tribes or partly to the Scheduled Castes and partly to
the Scheduled Tribes and permit to such society or firm shall be
granted only FROM the quota reserved for the Scheduled Castes or the
Scheduled Tribes according as to whether the larger number of the
members of the co-operative society, or partners of the firm, belong
to the Scheduled Castes or the Scheduled Tribes.

(1G) The circumstances under which, the manner in which, and the
extent to which, reservation under sub-section (1A) and clause (a) of
sub-section (1C) may be carried forward shall be such as may be
prescribed.

(1H) Notwithstanding anything contained in this section, an
application for a stage carriage permit FROM a State transport
undertaking for operating in any inter-State route shall be given
preference over all other applications:

Provided that the authority shall not grant a permit under this
sub-section unless it is satisfied that the State transport
undertaking would be able to operate in the inter-State route without
detriment to its responsibility for providing efficient and adequate
road transport service in any notified area or notified route as is
referred to in sub-section (3) of section 68D where the undertaking
operates the service.

Explanation.-For the purposes of this sub-section, "interState route"
means any route lying contiguously in two or more States]

(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.

1[ (3) A Regional Transport Authority may, HAVING regard to the
matters mentioned in sub-section LIMIT the number of stage carriages
generally or of any specified type for which stage carriage permits
may be granted in the region or in any specified area or on any
specified route within the region.]

48.
Grant of stage carriage permits.

2[48.Grant of stage carriage permits. (1) Subject to the
provisions of section 47, a Regional. Transport Authority may, on an
application made to it under section 46, 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.

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1 Ins. by Act 100 of 1956, s. 41 (w.e.f. 16-2-1957).

2 Subs. by s. 42, ibid., for the original section (w.e.f.
16-2-1957).

3 Ins. by Act 47 of 1978, s.21 (w.e.f. 16.1.1979).

4 Subs. by Act 9 of 1986, s. 2 (w.e.f. 28-1-1986).

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70

(3) The Regional Transport Authority, if it decides to grant a
stage carriage permit, may grant the permit for a service of stage
carriages of a specified description or for one or more particular
stage carriages, 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:-

2[(i) that the vehicle or vehicles shall be used only in a
specified area, or on a specified route or routes ; (ia) that
the service or any specified part thereof shall be commenced
with effect FROM a specified date ;]

(ii) the minimum and maximum number of daily 3[trips to be
provided] in relation to any route or area generally or on
specified days and occasions;

(iii) that copies of the time-table of the service or of
particular stage carriages approved by the Regional Transport
Authority shall be exhibited on the vehicles and at specified
stands and halts on the route or within the area ;

(iv) that the service shall be operated within such margins
of deviation FROM the approved time-table as the Regional
Transport Authority may FROM time to time specify ;

(v) that within municipal limits and such other areas and
places as may be prescribed, passengers or goods shall not be
taken up or set down except at specified points ;

(vi) the maximum number of passengers and the maximum weight
of luggage that may be carried on any specified vehicle or on
any vehicle of a specified type, either generally or on
specified occasions or at specified times and seasons;

(vii) the weight and nature of passengers luggage that shall
be carried free of charge, the total weight of luggage that
may be carried in relation to each passenger, and the
arrangements that shall be made for the carriage of luggage
without causing inconvenience to passengers ;

(viii) the rate of charge that may be levied for
passengers luggage in excess of the free allowance :

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1 Sub-section (2) omitted by Act 56 of 1969, s. 22 (w.e.f.
2-3-1970).

2 Subs. by Act 56 of 1979, s. 22, for cl. (i) (w.e.f. 2-3-
1970).

3 Subs. by s. 22, ibid., for "services to be maintained "
(w.e.f 2-3-1970).

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70A

(ix) that vehicles of specified types fitted with bodies
conforming to approved specifications shall be used:

Provided that the attachment of this condition to a permit
shall not prevent the continued use. for a period of two
years FROM the date of publication of the approved
specifications, of any vehicle operating on that date ;

(x) that specified standards of comfort and cleanliness
shall be maintained in the vehicles;

(xi) the conditions subject to which goods may be carried in
any stage carriage in addition to or to the exclusion of
passengers ;

(xii) that fares shall be charged in accordance with the
approved fare TABLE ;

(xiii) that a copy of, or extract from, the fare table
approved by the Regional Transport Authority and particulars
of any special fares or rates of fares so approved for parti-
cular occasions shall be exhibited on every stage carriage
and at specified stands and halts;

(xiv) that tickets bearing specified particulars shall be
issued to passengers and shall SHOW the fares actually
charged and that records of tickets issued shall be kept in a
specified manner;

(xv) that mails shall be carried on any of the vehicles
authorised by the permit subject to such conditions
(including conditions as to the time in which mails are to be
carried and the charges which may be levied) as may be
specified ;

(xvi) the reserve of vehicles to be kept by the holder of the
permit to maintain the service and to provide for special
occasions ;

(xvii) the conditions subject to which any vehicle
covered by the permit may be used as a contract carriage ;

(xviii) that specified arrangements shall be made for the
housing, maintenance and REPAIR of vehicles;

(xix) that an specified bus station or shelter maintained by
Government or a local authority shall be used and that any
specified rent or fee shall be paid for such use;

70B

(xx) that the conditions of the permit shall not be departed
from, save with the approval of the Regional Transport
Authority ;

(xxi) that the Regional Transport Authorit may, after giving
notice of not less than one month,-

(a) vary the conditions of the permit;

(b) attach to the permit further conditions;

1[Provided that the conditions specified in pursuance of
clause (i) shall not be varied so as to alter the
distance covered by the original route by more than 24. kilometers, and any variation within such limits shall
be made only after the Regional Transport Authority is
satisfied that such variation will serve the public
convenience and that it is not expedient to grant a
separate permit in respect of the original route as so
varied or any part thereof ;]

(xxii) that the holder of a permit shall furnish to the
Regional Transport Authority such periodical returns,
statistic and other information as the State Government
may FROM time to time prescribe

(xxiii) any other conditions which may be prescribed.]

49.
Application for contract carriage permits.

49.Application for contract carriage permits. An application for
a permit to use 2 [one or more motor vehicles as a contract, carriage
or carriages] (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 3[or each
of the vehicles]:

(b) the area for which the permit is required;

(c) in the case of a motor vehicle other than a motor cab,
the manner in which it is claimed that the public convenience
will be served by the vehicle ; and

(d) any other particulars which may be prescribed.
-----------------------------------------------------------------------

1 Ins. by Act 56 of 1969, s. 22 (w.e.f. 2-3-1970).

2 Subs. by Act 100 of 1956, s. 43, for "a motor vehicle as a
contract carriage" (w.e.f. 16-2-1957).

3 Ins. by s. 43, ibid. (w.e.f. 16-2-1957),

------------------------------------------------------------------------

70c

50.

Procedure of Regional Transport Authority in considering applicationfor
contract carriage permit.

50.Procedure of Regional Transport Authority in considering
application for contract carriage permit.A Regional Transport
Authority shall, 1[in considering an application for] a contract
carriage permit, have regard to the extent to which additional
contract carriages may be necessary or desirable in the public
interest ; and shall also take INTO consideration any representations
which may then be made or which may previously have been made by
persons already holding contract carriage permits in the region or by
any local authority or police authority in the region to the effect
that the number of contract carriages for which permits have already
been granted is sufficient for or in excess of the needs of the region
or any area within the region.

51. Grant of contract carriage permits.

2[51.Grant of contract carriage permits. (1) Subject to the
provisions of section 50, a Regional Transport Authority may, on an
application made to it under section 49, 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 Transport Authority, if it decides to grant a
contract carriage permit, 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 or 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 of hiring, other than an extension or modification
of a subsisting contract, may be entered INTO outside the
specified area ;

3[(iia) the maximum number of passengers and the maximum
weight of luggage that may be carried on any specified
vehicle or on any vehicle of a specified type, either
generally or on specified occasions or at specified times and
seasons and the same is prominently marked on the vehicle
-----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s.44, ibid, for "in deciding
whether to grant or refuse" (w.e.f. 16-2-1957)

2 Subs. by s.45, ibid. for the original section (w.e.f. 16-2-
1957).

3 Ins. by Act 56 of 1969, s.23 (w.e.f.2-3-1970)

-----------------------------------------------------------------------

71.

(iii) the conditions subject to which goods may be carried in
any contract carriage in addition to or to the exclusion of
passengers

(iv) that, in the case of motor cabs, specified fares or
rates of fares shall be charged and a copy of the fare table
shall be exhibited on the vehicle;

(v) that, in the case of vehicles other than motor cabs,
specified rates of hiring not exceeding specified maxima
shall be charged ;

(vi) that, in the case of motor cabs, a specified weight of
passengers luggage shall be carried free of charge, and that
the charge, if any, for any luggage in excess thereof shall
be at a specified rate ;

(vii) that, in the case of motor cabs, a taxi-meter shall be
fitted and maintained in proper working order, if prescribed;

(viii) that the 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;

(ix) that the conditions of permit shall not be departed
FROM save with the approval of the Authority;

(x) any other conditions which may be prescribed.]

52.
Applications for private carriers permit.

52.Applications for private carriers permit. An application for a
permit to use 1[one or more transport vehicles] for the carriage of
goods for or in connection with a trade or business carried on by the
applicant (in this Chapter referred to as a private carriers permit)
shall contain the following particulars, namely: -

(a) the type and carrying capacity of the vehicle 2[or each
of the vehicles];

(b) the nature of the goods which the applicant expects
normally to carry in connection with his trade or business;

(c) the area for which the permit is required; and

(d) any other particular which may be prescribed.

53.
Procedure of Regional Transport.

53.Procedure of Regional Transport.(1) A Regional Transport
Authority shall, 3[in considering an application for] a private
carriers permit, have regard to the

----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s. 46, for " a transport vehicle "
(w.e.f. 16-2-1957).

2 Ins. by s. 46. ibid. (w.e.f. 16-2-1957).

3 Subs. by s. 47, ibid., for "in deciding whether to grant or
refuse " (w.e.f. 16-2-1957).
-----------------------------------------------------------------------

72.

Authority in considering application or a private carriers
permit.condition of the roads to be used by the vehicle or vehicles in
respect of which the application is made, and shall satisfy itself
that the vehicle or vehicles for which the permit is required will not
be used except in connection with the business of the applicant.

1[(1A) Subject to the provisions of sub-section (1), the Regional
Transport Authority may, on an application made to it under section
52, grant a private carriers 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 for any area in any other region or
regions within the same State shall be granted except with the
approval of the State Transport Authority.]

(2) The Regional Transport Authority may in granting a private
carriers permit impose conditions to be specified in the permit
relating to the description of goods which may be carried, or the area
in which the permit shall be valid, or the maximum laden weight and
axle weights of any vehicle used 2[or any other matter which may be
prescribed].

(3) If the applicant is the holder of a private carriers permit
which has been suspended or has been the holder of a private carriers
permit which has been revoked, the Regional Transport Authority may 3*
* * notwithstanding anything contained in sub. section (1) refuse the
application.

54.
Application for public carriers permit.

4[54.Application for public carriers permit. An application for
a permit to use one or more motor vehicles for the carriage of goods
for hire or reward (in this Chapter referred to as a public carriers
permit), shall, as far as may be, contain the following particulars,
namely:-

(a) the area or the route or routes to which the
application relates ;

(b) the number of vehicles it is proposed to operate in
relation to each area or route and the type and 5* * *
capacity of each such vehicle;

(e) the nature of the goods it is proposed to carry;

(d) the manner in which it is claimed that a public need
will be served by the vehicle;

-----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 47 (w.e.f. 16-2-1957).

2 Added by s. 47, ibid. (w.e.f. 16-2-1957).

3 The words " at its discretion " omitted by s. 47, ibid. (w.e.f.
16-2-1957).

4 Subs. by s. 48, ibid., for the original section (w.e.f. 16-2-
1957).

5 The word "seating" omitted by Act 58 of 1960, s. 3 and Sch.
II.

----------------------------------------------------------------------

73.

(e) the arrangements intended to be made for the housing of
the vehicles and for the storage and safe custody of the
goods to be carried ;

(f) particulars as to whether the applicant is a co-operative
society registered or deemed to have been registered under
any enactment in force for the time being, or is an
individual owner;

(g) such particulars as the Regional Transport Authority
may require with respect to any business as a carrier of
goods for hire or reward carried on by the applicant at any
time before the making of the application, and of the rates
charged by the applicant;

(h) particulars of any agreement, or arrangement, affecting
in any material respect the provision within the region of
the Regional Transport Authority of facilities for the
transport of goods for hire or reward, entered INTO by the
applicant with any other person by whom such facilities are
provided, whether within or without the region ;

(i) any other particulars which may be prescribed.]

55.
Procedure in considering application for public carriers permit.

1[55.Procedure in considering application for public carriers
permit. (1) A Regional Transport Authority shall, in considering an
application for a public carriers permit, have regard to the
following matters, namely: -

(a) the interests of the public generally;

(b) the advantages to the public of the service to be
provided and the convenience afforded to the public by the
provision of such service and the saving of time likely to be
effected thereby;

(c) the adequacy of other goods services operating or
likely to operate in the near future, whether by road or
other means, between the places to be served ;

(d) the operation by the applicant of other transport
services, including those in respect of which applications
FROM him for permits are pending;

(e) the benefit to any particular locality or localities
likely to be afforded by the service;

(f) the condition of the roads included in the proposed area
or route;
----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s. 49, for the original section (w.e.f.
16-2-1957).

---------------------------------------------------------------------

74.

(g) the nature of the goods to be carried with special
reference to any of a fragile or perishable nature ;

(h) the volume of traffic and the existence of marketing
centers in the proposed area or along or near the proposed
route ;
and shall also take INTO consideration any representations made by
persons already providing goods transport facilities by any means,
whether by road or otherwise, in the proposed area or along or near
the proposed route, or by any local authority or police authority
within whose jurisdiction any part of the proposed area or route lies:

Provided that other conditions being equal, an application for a
public carriers permit FROM a co-operative society registered or
deemed to have been registered under any enactment in force for the
time being 2[ and an application for a public carriers permit FROM a
person who has a valid licence for driving transport vehicles] shall
as far as may be, be given preference over applications from
individual owners.

2[(1A) The Government of a State shall reserve in that State
certain percentage of public carriers permits for the Scheduled
Castes and the Scheduled Tribes.

(lB) The Government of a State may, HAVING regard to the extent
to which persons belonging to economically weaker sections of the
community have been granted public carriers permits in that State,-

(a) reserve in that State such percentage of public
carriers permits, as may be prescribed, for persons
belonging to economically weaker sections of the community;
or

(b) notwithstanding anything contained in the proviso to
sub-section (1), give preference, in such manner as may be
prescribed, to applications for public carriers permits from
such persons.

(1C) The provisions of sub-sections (1B), (1D), (1F) and (1G) of
section 47 shall apply to or in relation to the grant of public
carriers permits under this section as they apply to or in relation
to the grant of stage carriage permits under that section.]

(2) A Regional Transport Authority may, HAVING regard to the
matters mentioned in sub-section (1), LIMIT the number of transport
vehicles generally or of any specified type for which public carriers
permits may be granted in the region or in any specified area or on
any specified route within the region.]

56.
Grant of public carriers permits.

1[56.Grant of public carriers permits. (1) Subject to the
provisions of section 55, a Regional Transport Authority may, on an
application made to it under section 54, grant a public carriers
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 or route not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a
public carriers permit. may grant the permit for one or more goods
vehicles of a specified description 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 or vehicles shall be used only in a
specified area, or on a specified route or routes ;

(ii) that the laden weight of any vehicle used shall not
exceed a specified maximum;

(iii) that goods of a specified nature shall not be carried;

(iv) that goods shall be carried at specified rates;

1 Subs. by Act 100 of 1956, s. 50, for the original section
(w.e.f. 16-2-1957).

2 Ins. by Act 47 of 1978, s. 22 (w.e.f. 16-1-1979).

-----------------------------------------------------------------------

75.

(v) that specified arrangement shall be made for the
housing, maintenance and REPAIR of vehicles and the storage
and safe custody of the goods carried ;

(vi) that the holder of the permit shall furnish to the
Regional Transport Authority such periodical returns,
statistics and other information as the State Government may,
FROM time to time, prescribe;

(vii) 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;

(viii) that the conditions of the permit shall not be
departed FROM save with the approval of the Regional
Transport Authority ;

(ix) any; other conditions which may be prescribed.

(3) Where there is any free zone along or contiguous to the area
or route for which a public carriers permit is granted, the Regional
Transport Authority shall include in such permit, wherever possible,
an authorisation to carry any goods other than those prohibited by any
law for the time being in force, anywhere in that free zone.

(4) For the purposes of this section, "free zone" means such
municipal limits of a town or such other area as the State Transport
Authority may, subject to any rules that may be made under section 68. and HAVING regard to the volume of traffic in the area and other
circumstances, declare to be a free zone within which goods may be
carried anywhere by any motor vehicle covered by a public carriers
permit.]

57.
Procedure in applying for and granting permits.

57.Procedure in applying for and granting permits. (1) An
application for a contract carriage permit or a private carriers
permit may be made at any time.

(2) An application for I stage carriage permit or a public
carriers permit shall be made not less than six weeks before the date
on which it is desired that the permit shall take effect, or, if the
Regional Transport Authority appoints dates for the receipt of such
applications, on such dates.

(3) On receipt of an application for a stage carriage permit or
a public carriers permit, the Regional Transport Authority shall make
the application available for inspection at the office of the
Authority and shall publish the application or the substance thereof
in the prescribed manner together with a notice of the date before
which

76.

representations in connection therewith may be submitted and the date
not being less than thirty days FROM such publication, on which, and
the time and place at which, the application and any representations,
received will be considered ;

1[Provided that, if the grant of any permit in accordance with
the application or with modifications would have the effect of
increasing the number of vehicles operating in the region, or in any
area or on any route within the region, under the class of permits to
which the application relates, beyond the LIMIT fixed in that behalf
under subsection (3) of section 47 or sub-section (2) of section 55,
as the case may be, the Regional Transport Authority may summarily
refuse the application without following the procedure laid down in
this sub-section.]

(4) No representation in connection with an application referred
to in sub-section (3) shall be considered by the Regional Transport
Authority unless it is made in writing before the appointed date and
unless a copy thereof is furnished simultaneously to the applicant by
the person making such representation.

(5) When any representation such as is referred to in sub-
section (3) is made, the Regional Transport Authority shall dispose
of the application at a public hearing at which the applicant and the
person making the representation shall have an opportunity of being
heard either in person or by a duly authorised representative.

(6) When any representation has been made by the persons or
authorities referred to in section 50 to the effect that the number of
contract carriages for which permits have already been granted in any
region or any area within a region is sufficient for or in excess of
the needs of the region or of such area, whether such representation
is made in connection with a particular application for the grant of a
contract carriage permit or otherwise, the Regional Transport
Authority may take any such steps as it considers appropriate for the
hearing of the representation in the presence of any persons likely to
be affected thereby.

(7) When a Regional Transport Authority refuses an application
for a permit of any kind, it shall give to the applicant in writing
its reasons for the refusal.

2 [ (8) An application to vary the conditions of any permit,
other than a temporary permit, by the inclusion of a new route or
routes

----------------------------------------------------------------------

1 Added by Act 100 of 1956, s. 51 (w.e.f. 16-2-1957).

2 Ins. by s. 51, ibid. 16-2-1957).

-----------------------------------------------------------------------

77.

or a new area or, in the case of a stage carriage permit, by
increasing the 1[number of trips above the specified maximum, or by
altering the route covered by it], or in the case of a contract
carriage permit or a public carriers permit, by increasing the number
of vehicles covered by the permit, shall be treated as an application
for the grant of a new permit.

Provided that it shall not be necessary so to treat an
application made by the holder of a stage carriage permit who provides
the only service on any route or in any area to increase the frequency
of the service so provided, without any increase in the number of
vehicles.

(9) A Regional Transport Authority may, before such date as may
be specified by it in this behalf, REPLACE any stage carriage permit,
contract carriage permit or public carriers permit granted by it
before the said date by a fresh permit conforming to the provisions of
section 48 or section 51 or section 56, as the case may be, and the
fresh permit 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 attached to the replaced permit or which could have been
attached thereto under the law in force when that permit was granted
shall be attached to the fresh permit except with the consent in
writing of the holder of the permit.

(10)Notwithstanding anything contained in section 58, a permit
issued under the provisions of sub-section (9) shall be effective
without renewal for the remainder of the period during which the
replaced permit would have been so effective.]

58.
Duration and renewal of permits.

58.Duration and renewal of permits. 2[(1) (a) A stage
carriage permit or a contract carriage permit other than a temporary
permit issued under section 62 shall be effective without renewal for
such period, not less than three year and not more than five years, as
the Regional Transport Authority may specify in the permit.

(b) A private carriers permit or a public carriers permit
other than a temporary permit issued under section 62 shall be
effective without renewal for a period of five years.]

----------------------------------------------------------------------

1 Subs. by Act 56 of 1969, s. 24, for "number of services above
the specified maximum" (w.e.f. 2-3-1970).

2 Subs. by Act 100 of 1956, s. 52, for the original sub-section
(w.e.f. 16-2-1957)

-----------------------------------------------------------------------

78.

(2) A permit may be renewed on an application made and disposed
of as if it were an application for a permit :

1[Provided that the application for the renewal of a permit shall
be made,-

(a) in the case of a stage carriage permit or a public
carriers permit, not less than 2 [one hundred and twenty
days] before the date of its expiry; and

(b) in any other case, not less than 3[sixty days] before
the date of its expiry:]

Provided 4[further] that, other conditions being equal, an
application for renewal shall be given preference over new
applications for permits.

7[(2A) Notwithstanding anything contained in sub-section (2), An
application for the renewal of a permit may be made by a State
transport undertaking in the case of a stage carriage permit or a
public carries permit or a contract carriage permit, not less than
fifteen days before the date of expiry of the permit.]

1[(3) Notwithstanding anything contained in the 1[first] proviso
to sub-section (2), the Regional Transport Authority may entertain an
application for the renewal of a permit after the last date specified
in the said proviso for the making of such an application, if the
application is made not more than fifteen days after the said last
date and is accompanied by the prescribed fee.]

5[(4) Where a permit has been renewed under this section after
the expiry of the 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 62, and where a
temporary permit has been granted, the fee paid in respect of such
temporary permit shall be refunded.]

59.
General conditions attaching to all permits.

59.General conditions attaching to all permits. (1) Save as
provided in section 61, a permit shall not be transferable FROM one
person to another except with the permission of the transport
authority which granted the permit and shall not without such
permission operate to confer on any person to whom a vehicle covered
by the permit is transferred any right to use that vehicle in the
manner authorised by the permit.

(2) The holder of a permit may, with the permission of the
authority by which the permit was granted, 6[replace any vehicle
covered by the permit by any other vehicle of the same nature].

----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 52 (w.e.f. 16-2-1957).

2 Subs. by Act 56 of 1969, s. 25, for "sixty days" (w.ef. 1-11-
1970).

3 Subs. by s. 25, ibid., for "thirty days" (w.e.f. 1-11-1970).

4 Ins. by Act 58 of 1960. s. 3 and Sch. II.

5 Ins. by Act 56 of 1969, s. 25 (w.e.f. 1-11-1970).

6 Subs.. by s. 26, for certain words (w.e.f. 2-3-1970).

7 Ins. by Act 47 of 1978, s. 23 (w.e.f. 16-1-1979).

-----------------------------------------------------------------------

79.

(3) The following shall be conditions of every permit-

(a) that the vehicle or vehicles to which the 1[permit
relates carry valid certificates of fitness issued under
section 38 and] are at all times so maintained as to comply
with the requirements of Chapter V and the rules made
thereunder;

(b) that the vehicle or vehicles to which the permit
relates are not driven at a speed exceeding the speed lawful
under this Act;

(c) that any prohibition or restriction imposed and any
2* fares or freights fixed by notification made under section
43 or observed in connection with any vehicle or vehicles to
which the permit relates;

(d) that the vehicle or vehicles to which the permit
relates are not driven in contravention of the provisions of
3[section 5 or section 72];

(e) that the provisions of this Act limiting the hours of
work of drivers are observed in connection with any vehicle
or vehicles to which the permit relates;

(f) and that the provisions of Chapter VIII so far as they
apply ,to the holder of the permit are observed.

4[59A.General form of permits. Every permit other than a
temporary permit issued under section 62 shall consist of two parts,
Part A of which shall be complete in itself and shall contain all the
necessary particulars of the permit and the conditions attached
thereto, and Part B of which shall be a summary of the permit
containing such particulars as may be prescribed; and where a permit
covers more than one, vehicle, there shall be issued to the holder of
the permit as many copies of Part B as there are vehicles authorised
by the permit to be in operation at any one time.]

60.

Cancellation and suspension of permits.

60.Cancellation and suspension of permits.(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 breach of any condition specified in sub-section
(3) of section 59, or of any condition contained in the per-
mit, or

----------------------------------------------------------------------

1 subs by Act 56 of 1969, s. 26, for " permit relates" (w.e.f. 2-
3-1970).

2 The words "maximum or minimum" omitted by s. 26, ibid. (w.e.f.
2-3-1970).

3 Subs. by s. 26, ibid., for "section 72" (w.e.f. 2-3-1970).

4 Ins. by Act 100 of 1956, s. 53 (w.e.f. 16-2-1957).

----------------------------------------------------------------------

80

(b) if the holder of the permit uses or causes or allows a
vehicle to be used in any manner not authorised by the
permit, or

(c) if the holder of the permit ceases to 1[own] the vehicle
or vehicles covered by the permit, or

(d) if the holder of the permit has obtained the permit by
fraud or misrepresentation, 2[or]

2[(e) if the holder of the permit, not being a private
carriers permit, fails without reasonable cause to use the
vehicle or vehicles 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 cancelled unless an opportunity has
been given to the holder of the permit to 3[furnish] his explanation.

2[(1A) The transport authority which granted a permit may, after
giving the holder thereof an opportunity to furnish his explanation,
reduce either permanently or for such period as it thinks fit, the
number of vehicles or the route or area covered by the permit on any
of the grounds mentioned in sub-section 1).]

4[(1B) The transport authority may exercise the powers conferred on it
under sub-section (1) and (1A) 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 44 as if the said permit
was a permit granted by the transport authority.]

(2) Where a transport authority cancels or suspends a permit 2[ or
reduces the number of vehicles or the routes or area covered by a
permit], it shall give to the holder in writing its reasons for 2[the
action taken].

2[(2A) The powers exercisable under sub-section (1) or sub-section
(1A) (other than the power to cancel a permit) by the transport
authority which granted the permit may be exercised by any

----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s. 54. for "possess" (w.e.f. 16-2-1957).

2 Ins. by s. 54, ibid. (w.e.f. 16-2-1957).

3 Subs. by s. 54, ibid. for "submit" (w.e.f. 16-2-1957).

4 Ins. by Act 56 of 1969, s. 27 (w.e.f. 2-3-1970).

5 Subs. by Act 100 of 1956, s.54 for " the revocation or suspension"
(w.e.f. 16-2-1957).

------------------------------------------------------------------------

81.

authority or person to whom such powers have been delegated under
subsection (5) of section 44.
Provided that-

(i) no such authority or person shall pass an order
suspending the permit for a period exceeding one month or
reducing the period thereof by more than one month ; and

(ii) any such ORDER shall be placed within the said period
of one month before the transport authority who may vacate
the ORDER or extend the said period of one month where it has
not expired or cancel the permit or take action under sub-
section (3), as it may deem fit.]

1[(3) Where a permit is liable to be cancelled or suspended under
clause (a) or clause (b) or clause (e) of subsection (1) and the
transport authority is of opinion that HAVING regard to the
circumstances of the case, it would not be necessary or expedient so
to cancel or suspend the permit if the holder of the permit agrees to
pay a certain sum of money, then, notwithstanding anything contained
in subsection (1), the transport authority may, instead of cancelling
or suspending the permit, as the case may be, recover FROM the holder
of the permit the sum of money agreed upon.]

2[(4) The powers exercisable by the transport authority under
sub-section (3) may, where an appeal has been preferred under section
64, be exercised also by the appellate authority.]

61. Transfer of permit on death of holder.

61.Transfer of permit on death of holder.(1) Where the holder of
a permit dies, the person succeeding to the possession of the
vehicles 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 months of the death of the holder of a permit, transfer
the

----------------------------------------------------------------------

1 Ins. by Act 100 of 1956. s. 54 (w.e.f. 16-2-1957).

2 Ins. by Act 56 of 1969, s. 27 (w.e.f. 2-3-1970).

---------------------------------------------------------------------

82.

permit to the person succeeding to the possession of the vehicles
covered by the permit.

62.
Temporary permits.

62.Temporary permits.1[(1)] A Regional Transport Authority may 2*
* * without following the procedure laid down in section 57, grant
permits, to be effective for a limited period not in any case to
exceed four months, to authorise the use of a transport vehicle
temporarily-

(a) for the conveyance of passengers on 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, 3[or]

3[(d) pending decision on an application for the renewal of a
permit,]

and may attach to any such permit any condition it thinks fit:

3[Provided that a temporary permit under this section shall, in
no case, be granted in respect of any route or area specified in an
application for the grant of a new permit under section 46 or section
54 during the pendency of the application :

Provided further that a temporary permit under this section
shall, in no case, be granted more than once in respect of any route
or area specified in. an application for the renewal of a permit
during the pendency of such application for renewal.]

4 [(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 48 or section
51 or section 54 in respect of that route or area by reason
of an ORDER of a court or other competent authority res-
training 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) as a result of the suspension by a court or other
competent authority of the permit of any vehicle in respect
of that

----------------------------------------------------------------------

1 The brackets and figure "(1)" omitted by Act 20 of 1942, s. 14,
renumbered by Act 56 of 1969, s. 28 (w.e.f. 2-3-1970).

2 The words "at its discretion, and" omitted by Act 100 of 1956,
s. 55 (w.e.f. 16-2-1957).

3 Ins. by s. 55, ibid. (w.e.f. 16-2-1957),

4 Sub-section (2) omitted by Act 20 of 1942, s. 14 again inserted
by Act 56 of 1969, s. 28 (w.e.f. 2-3-1970),

-----------------------------------------------------------------------

83.

route or area, there is no transport vehicle of the same
class with a valid permit in respect of that route or area,
or there is no adequate number of such vehicles in respect of
that route or area, for a period not exceeding the period of
such suspension:

Provided that the number of transport vehicles in respect of
which the temporary permit is so granted shall not exceed the
number of vehicles in respect of which the issue of a permit
has been restrained or as the case may be, the permit has
been suspended.]

63.
Validation of permits for use outside region in which granted.

63.Validation of permits for use outside region in which
granted.(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:

1[Provided that a private carriers permit, granted by the
Regional Transport Authority of any one region with the approval of
the State Transport Authority, for any area in any other region or re-
gions within the same State shall be valid in that area without the
countersignature of the Regional Transport Authority of the other
region or of each of the other regions concerned:

2 [Provided further that where both the starting point and the
terminal point of 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 exceed sixteen kilometres, the permit shall be valid in the other
State in respect of that part of the route which is in that other
State notwithstanding that such permit has not been countersigned by
the State Transport Authority or the Regional Transport Authority of
that other State-.]

3[ Provided also that-

(a) where a motor vehicle covered by a permit granted in
one State is to be used for the purposes of defence in any
other State, such vehicle shall display a certificate, in
such form, and issued by such authority, as the Central
Government may, by notification in the Official Gazette,
specify, to the effect that the vehicle shall be used for the
period specified therein exclusively for the purposes of
defence; and

(b) any such permit shall be valid in that other State
notwithstanding that such permit has not been countersigned
by the State Transport Authority or the Regional Transport
Authority of that other State.]

2 [(1A) 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.]

(2) A Regional Transport Authority when countersigning the
permit may attach to the permit any condition which it might have

----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 56 (w.e.f. 16-2-1957).

2 Ins. by Act 56 of 1969, s. 29 (w.e.f, 2-3-1970),

3 Ins. by Act 47 of 1978, s.24 (w.e.f. 17-1-83).

-----------------------------------------------------------------------

84.

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 :

1[Provided that it shall not be necessary to follow the procedure
laid down in section 57 for the grant of countersignatures of permits,
where the permits granted in any one State are required to be
countersigned by the State Transport Authority of another State or by
the Regional Transport Authority concerned as a result of any
agreement arrived at between the States 2[after complying with the
requirements of sub-section (3A), or for the grant of countersigna-
tures of permits in pursuance of any direction issued by the Commis-
sion under clause (c) of subsection (2) of section 63A].]

2[(3A) Every proposal to enter INTO an agreement between the
States referred to in the proviso to sub-section (3) and every pro-
posal in such agreement to fix the number of permits which is proposed
to be granted or countersigned in respect of each route or area, shall
be published by each of the State Governments concerned in the
Official Gazette together with a notice of the date before which
representations in connection therewith may be submitted, and the
date, not being less than thirty days FROM the date of such
publication, on which, and the authority by which, and the time and
place at which, the proposal and any representations received in
connection therewith will be considered:

Provided that no person, association or authority,-other than
those mentioned hereunder, shall have a right to make such
representation, namely: -

(i) any person already providing passenger or goods
transport facilities by any means in the proposed area or
along or near the proposed route ;

(ii) any association representing persons interested in the
provision of road transport facilities recognised in this
behalf by the State Government;

(iii) any local authority or police authority within whose
jurisdiction any part of the proposed area or route lies.

-----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 56 (w.e.f. 16-2-1957).

2 Ins. by Act 56 of 1969, s. 29 (w.e.f. 2-3-1970),

-----------------------------------------------------------------------

85.

(3B) Every agreement arrived at between the States shall,, in so
far as it relates to the grant of counter signature of permits, be
published in the Official Gazette by each of the State concerned and
the State Transport Authority of the State and the Regional Transport
Authority concerned shall give effect to it.]

[(4) Notwithstanding anything contained in sub-section (1), a
Regional Transport Authority of one region may issue a temporary
permit under clause (a) or clause (c) of sub-section (1) of section 62. to be valid in another region or State with the concurrence, given
generally or for the particular occasion, of the Regional Transport
Authority of that other region or of the State Transport Authority of
that other State, as the case may be.

(6)Notwithstanding anything contained in sub-section (1), but
subject to any rules that may be made under this Act, the Regional
Transport Authority of any one region may, for the convenience of the
public, grant a special permit in relation to a public service vehicle
for carrying a passenger or passengers for hire or reward under a
contract, express or implied, for the use of the vehicle as a whole
without stopping to pick up or set down, along the line of route
passengers not included in the contract, and in every case where such
special permit is granted, the Regional Transport Authority shall
assign to the vehicle, for display thereon, a special distinguishing
mark in the form and manner specified by the Central Government and
such special permit shall be valid in any other region or State
without the countersignature of the Regional Transport Authority of
the other region or of the State Transport Authority of the other
State, as the case may be.]

2 [(7) Notwithstanding anything contained in sub-section (1)
but subject to any rules that may be made under this Act, any State
Transport Authority may, for the purpose of promoting tourism, grant
3[ permits valid for the whole or any part of India, in respect of
such number of tourist vehicles] as the Central Government may, in
respect of that State, specify in this behalf, and the provisions of
sections 49, 50, 51. 57, 58, 59, 59A, 60, 61 and 64 shall, as far as
may be apply in relation to such permits:

4[Provided that preference shall be given to applications for
permits from-

(i) the India Tourism Development Corporation;

(ii) a State Tourism Development Corporation;

(iii) a State Tourist Department;

(iv) such operators of tourist cars, or such travel agents,
as may be approved in this behalf by the Ministry of the
Central Government dealing in tourism.]

(8)Every applicant for a permit under sub-section (7) shall depo-
sit, by way of security, in such manner and such amount, not exceed-

---------------------------------------------------------------------

1 Sub-section (5) omitted by Act 25 of 1968, s. 2 and Sch.
(w.e.f. 15-8-1968).

2 Ins. by Act 56 of 1969, s, 29 (w.e.f. 1-10-1970),

3 Subs. by Act 27 of 1977, s. 7 (w.e.f. 1-9-1977).

4 Ins. by Act 47 of 1978, s.24 (w.e.f.16-1-1979).

----------------------------------------------------------------------

86.

ing rupees two thousand per motor vehicle, as the Central Government
may with reference to each class of vehicle, by notification in the
Official Gazette, specify, and such security shall be refunded wholly
or in part to the applicant if his application for permit has not been
granted, or, as the case may be, granted for a lesser number of
vehicles than what was applied for.

(9) Any amount deposited by way of security under sub-section
(8) may, at any time, be forfeited in whole or in part by the State
Transport Authority if it is satisfied after making such inquiry as it
thinks fit that-

(a) the permit was obtained by fraud or misrepresentation,
or

(b) the holder of the permit has failed without reasonable
cause to use the vehicle or vehicles for the purpose for
which the permit was granted, or

(c) the holder of the permit has committed a breach of any
condition of the permit, or

(d) the holder of the permit has used or caused it to be
used in any manner not authorised by the permit :

Provided that no such forfeiture shall be made unless the State
Transport Authority has given the permit-holder a reasonable oppor-
tunity of being heard.

(10) The following shall be conditions of every permit granted
under sub-section (7), namely:-

(i) every motor vehicle in respect of which such permit is
granted shall conform to such description, requirement
regarding the seating capacity, standards of comforts,
amenities and other matters, as the Central Government may
specify In this behalf;

(ii) every such motor vehicle shall be driven by a person
HAVING such qualifications and satisfying such conditions as
may be specified by the Central Government; and

(iii) such other conditions as may be prescribed by the Cen-
tral Government.]

2[(11) Notwithstanding anything contained in sub-section (1),
but, subject to the rules that may be made by the Central Government
under sub-section (15), the appropriate authority may, for the purpose
of encouraging long distance inter-State road transport, 3[grant, in a
State, national permits to the owners of motor vehicles who use, or
intend to use, such vehicles for the carriage of goods, for hire or
reward, and the provisions of 5[section 45, 54] 56, 57, 58, 59, 59A,
60, 61, and 64 shall as for as may be, apply to or in relation to the
grant of national permits;

5 * * *

Explanation.- In this section-

(a) "national permit" means a permit granted by the
appropriate authority 3[to the owner of a motor vehicle
authorising him to operate as a public carrier] throughout
the territory of India or in such contiguous States, not
being less than five in number (including the State in which
the permit is issued), as may be specified in such permit in
accordance with the choice to whom such permit is granted;
3[indicated by such owner]

(b) "appropriate authority" in relation to a national
permit means the authority which is authorised by this Act to
grant a public carriers permit.

(12) 5 * * * the appropriate authority shall, in considering
an application for a national permit, 5 * * * have regard to the
following matters, namely:

(a) no national permit shall be issued-

(i) to an individual owner if he already holds in his
own name three or more valid national permits, or, when
he holds valid national permits as well as valid inter-
State region permits, if the aggregate number of such
permits is three or more;

(ii) to a company which already holds in its Own name
seven or more valid national permits, or, when it holds
valid national permits as well as valid inter-State
region permits, if the aggregate number of such permits
is seven or more;

(b) other conditions being equal, preference shall be given
to applicants who are ex-army personnel, 4[and] who have
valid licences for driving transport vehicles.

Explanation.-In this sub-section "company" includes a body
corporate.

(13) If, as a result of the acquisition of one or more inter-
State region permits by an individual owner or a company after one or
more national permits have been granted to him or it, the aggregate
number of the permits held by such individual or company exceeds, in
the case of the individual, three, or, in the case of a company,
seven, the appropriate authority shall, notwithstanding anything
contained in section 60, cancel such number of national permits a
would bring down the aggregate number of national permit and inter-
State region permit held by such individual, to three, or, in the case
of a company, to seven:

Provided that before cancelling any national permit, the appro-
priate authority shall give to the individual owner or the company, as
the case may be, an option to indicate which of the national permits
held by him or it should be so cancelled.

(14)Nothing contained in sub-section (12) and (13) shall to a
State Transport Undertaking.

(15)(a) The Central Government may make rules for carrying out
the provisions of sub-section (11).

(b)In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the follow-
ing matters, namely-.-

(i) the authorisation fee payable for the issue of a
national permit;

(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) any matter, not specified in this Act, which shall be
borne in mind by the appropriate authority in granting a na-
tional permit.

Explanation-In this sub-section "authorisation fee" means
the annual fee, not exceeding seven hundred rupees, which may
be charged by the appropriate authority of a State to enable
a motor vehicle, covered by the national permit, to be used
in other States.]

1[63A.Inter-State Transport Commission. (1) The Central
Government may, by notification in the Official Gazette, constitute an
Inter-State Transport Commission consisting of a Chairman and such
other members, not being less than two, as it. thinks fit to appoint
for the purpose of developing,

---------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 57 (w.e.f. 16-2-1957).

2 Ins. by Act 26 of 1976, s. 2 (w.e.f. 26-9-1975).

3 Subs. by Act 27 of 1977, s. 7 (w.e.f. 1-9-1977).

4 Ins. & Subs. by Act 47 of 1978, s. 24 (w.e.f. 16-1-1979).

5 Omitted and Subs. by Act 9 of 1986, s. 3 (w.e.f. 28-1-1986).

-----------------------------------------------------------------------

87.

coordinating and regulating the operation of transport vehicles in
respect of any area or route common to two or more States (hereinafter
referred to as inter-State region) and performing such other functions
as may be prescribed under section 63C.

(2) The Commission shall perform throughout an inter-State region
all or such of the following functions as it may be authorised to do
by the Central Government by notification in the Official Gazette,
namely:-

(a) to prepare schemes for the development, co-ordination
or regulation of the operation of transport vehicles and in
particular of goods vehicles in an inter-State region ;

(b) to settle all disputes and decide all matters on which
differences of opinion arise in connection with the develop-
ment, co-ordination or regulation of the operation of
transport vehicles in an inter-State region;

(c) to issue directions to the State Transport Authorities
or Regional Transport Authorities interested regarding the
grant, revocation and suspension, of permits and of
countersignatures of permits for the operation of transport
vehicles in respect of any route or area common. to two or
more States;

(d) to grant, revoke or suspend any permit or countersign
any permit for the operation of any transport vehicle in
respect of such route or area common to two or more States as
may be specified in this behalf by the Central Government ;

(e) to perform such other functions as may be prescribed by
the Central Government under section 63C.

1[(2A) If any direction issued by the State Government under
section 43 is repugnant to any direction made by the Commission under
clause (c) of subsection (2), then, the direction of the Commission,
whether issued before or after the direction issued by the State
Government, shall prevail and the direction made by the State
Government shall, to the extent of the repugnancy, be of no effect. ]

(3) For the purpose of assisting the Commission in the perform-
ance of its functions in relation to any area or route common to two
or more States, the Commission shall associate with itself for such
purposes as may be determined by rules made under section 63C,

----------------------------------------------------------------------

1 Ins. by Act 56 of 1969, s.10 (w.e.f. 2-3-1970).

-----------------------------------------------------------------------

88.

a representative of each of the Governments interested, who shall be
chosen by the Government concerned; and a person so associated shall
have the right to take part in the discussions relevant to that
purpose, but shall not have a right to vote at a meeting of the Com-
mission and shall not be a member of the Commission for any other
purpose.

(4) Where the Commission, in the exercise and discharge of its
powers and functions under clause (c) of sub-section (2), issues
directions to any State Transport Authority or Regional Transport
Authority interested, the State Transport Authority or the Regional
Transport Authority, as the case may be, shall give effect to, and be
guided by, such directions.

(5) Where, by a notification issued by the Central Government,
the Commission is authorised to perform the functions specified in
clause (d) of sub-section (2) in respect of any route or area common
to two or more States, then, on the issue of such a notification,-

(a) the Regional Transport Authorities or State Transport
Authorities interested shall cease to exercise and discharge
any powers and functions in respect of such route or area;

(b) the powers and functions of the Regional Transport
Authorities and State Transport Authorities interested in
respect of such route or area shall be exercised and dis-
charged by the Commission; and any permit granted or
countersigned by the Commission for any such route or area
shall be valid for that route or area, notwithstanding
anything contained in this Chapter;

(c) subject to any rules that may be made under section
63C, the provisions of this Chapter relating to the grant,
revocation and suspension of permits and of countersignatures
of permits by a State Transport Authority or Regional
Transport Authority shall,, as far as may be, apply to the
grant, revocation and suspension of permits and of
countersignatures of permits by the Commission;

(d) any permit granted in respect of any such route or area
before the issue of the notification shall, notwithstanding
such issue, continue to be effective for the period specified
in the permit and shall be deemed to have been granted by the
Commission under this section as if this

89.

section were in force on the day on which the permit was
granted.

(6) Nothing in this section shall be construed to preclude the
State Transport Authority or any Regional Transport Authority in a
State FROM exercising and discharging its powers and functions in
respect of any route or area in the inter-State region which lies
wholly within that State.

(7) For the purposes of this section, the expression
"Governments interested", "State Transport Authorities interested" or
"Regional Transport Authorities interested", in relation to the
Commission, means the Governments of such States, such State Transport
Authorities or such Regional Transport Authorities, as the case may
be, as are likely to be interested in, or affected by the functioning
of the Commission under this section.

63B.Delegation of powers, etc. (1) The Commission may, be general
or special ORDER in writing, delegate to the Chairman or any other
member, subject to of such conditions and limitations, if any, as may
be specified in the order, such of its powers and functions under
sub-section (2) of section 63A as it may deem necessary for the
efficient discharge of its functions.

(2) All orders, decisions and other instruments issued by the
Commission shall be authenticated by the signature of the Chairman or
any other member or any officer of the Commission authorised by the
Commission in this behalf.

1[63BB.Appeal against decision, direction or ORDER under section
63A. (1) Any person or authority (including Government) A aggrieved by
the decision, direction or ORDER of the Commission under clause (b) or
clause (c) or clause (d) or clause (e) of subsection (2) of section
63A may, within sixty days FROM the date of the communication to him
or it, of such decision, direction or order, as the case may be,
appeal to the authority specified by the Central Government under
clause (h) of section 63C, which shall decide the appeal after giving
the person or the authority an opportunity of being heard and pass
such ORDER thereon as it may deem fit and such ORDER shall be final:

Provided that the authority aforesaid may entertain an appeal
after the expiry of the said period of sixty days if it is satisfied
that the appellant was prevented by sufficient cause FROM preferring
the appeal in time.

----------------------------------------------------------------------

1 Ins. by Act 56 of 1969, s. 81 (w.e.f. 2-3-1970).

----------------------------------------------------------------------

90

(2)Every appeal under sub-section (1) shall be preferred in such
manner and accompanied by such fee as may be prescribed by the
Central Government.]

63C.Power of Central Government to make rules. The Central
Government may make rules to provide for all or any of the following
matters, namely-

(a) the period of appointment and the terms of appointment of
the members of the Commission, the manner of filling
vacancies among members, the conduct of business by the
Commission and the reports to be furnished by it;

(b) the powers and functions of the Commission ;

(c) the purposes for which representatives of the State
Governments may be associated with the Commission under sub-
section (3) of section 63A. ;

(d) the form and manner in which an application for a
permit or counter-signature of a permit may be made

(e) the fees, if any, to be levied by the Commission , the
procedure to be followed in considering an application for a
permit or counter-signature of a permit ;

(g) the grant of a permit and the counter-signature of a
permit and the conditions which may be attached to a permit ;

(h) the authority to which, the manner in which and the
fees on payment of which, an appeal against any decision,
direction or ORDER of the Commission may be preferred ;

(i) any other matter which has to be, or may be,
prescribed.)

64.
Appeals.

64.Appeals. 2[(1) Any person-

(a) aggrieved by the refusal of State or a Regional Transport
Authority to grant a permit, or by any 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 the refusal to transfer the permit to the
person succeeding on the death of the holder of a permit, or

---------------------------------------------------------------------

1 Subs. by Act 56 of 1969, s. 32, for cl. (h) (w.e.f. 2-3-
1970).

2 Re-numbered by s. 33, ibid. (w.e.f. 1-4-1971).

-----------------------------------------------------------------------

91.

(d) aggrieved by the refusal of the State or a Regional
Transport Authority to countersign a permit, or by any con-
dition attached to such counter-signature, or

(e) aggrieved by the refusal of renewal of a permit, or

(f) being a local authority or police authority or an
association which, or a person providing transport facilities
who, HAVING opposed the grant of a permit, is aggrieved by
the grant thereof by any condition attached thereto, or

1[(g) aggrieved by the refusal to grant permission under sub-
section (1) or sub-section (2) of section 59, or

(h) aggrieved by a reduction under sub-section (1A) of
section 60 in the number of vehicles or routes or area
covered by a permit, or

2[(hh) aggrieved by an ORDER of forfeiture passed under sub-
section (4) of section 45 or under sub-section (9) of section
63, or]

(i) aggrieved by any other ORDER which may be prescribed,]

may, within the prescribed time and in the prescribed manner, appeal
to :3[the State Transport Appellate Tribunal constituted under sub-
section (2), who shall, after giving such person and the original
authority an opportunity of being heard, give a decision thereon which
shall be final].

2[(2) The State Government shall constitute for the State a State
Transport Appellate Tribunal which shall consist of a 4*** judicial
officer not below the rank of a District Judge :

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 the Motor
Vehicles (Amendment) Act, 1969, shall be proceeded with and disposed
of as if that Act had not been passed.

Explanation.-For the removal of doubts, it is hereby declared
that when any ORDER is made by the State Transport Authority or the
Regional Transport Authority in pursuance of a direction issued

----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s. 58, for cl. (g) (w.e.f. 16-2-
1957).

2 Ins. by Act 56 of 1969, s. 33 (w.e.f. 1-4-1971).

3 Subs. by s. 33, ibid., for certain words (w.e.f. 1-4-1971).

4 Omitted by Act 47 of 1978, s. 25 (w.e.f. 16-1-1979)

----------------------------------------------------------------------

92.

by the Commission under clause (c) of sub-section (2) of section 63A
and any person feels aggrieved by such ORDER on the ground that it is
not in consonance with such direction, he may appeal under subsection
(1) to the State Transport Appellate Tribunal against such ORDER but
not against the direction so issued.]

1[64A.Revision. The 2[State Transport Appellate Tribunal] may,
either on its own motion or on an application made to it, call for the
record of any case in which an ORDER has been made by a 3[State
Transport Authority or Regional Transport Authority] and in which no
appeal lies, and if it appears to the 2 [State Transport Appellate
Tribunal] that the ORDER made by the :3[State Transport Authority or
Regional Transport Authority] is improper or illegal, the 2[State
Transport Appellate Tribunal] may pass such ORDER in relation to the
case as it deems fit 4[and every such ORDER shall be final].

Provided that the 2[State Transport Appellate Tribunal] shall not
entertain any application FROM a person aggrieved by an ORDER of a
3[State Transport Authority or Regional Transport Authority] unless
the application is made within thirty days FROM the date of the order:

7[Provided further that the State Transport Appellate Tribunal
may entertain the application after the expiry of the said period of
thirty days, if it is satisfied that the applicant was prevented by
sufficient cause FROM making the application in time:,]

Provided 7[also] that the 2[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.

65.
Restriction of hours of work of drivers.

65.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 than five hours before he has had an interval
of rest of at least half an hour; or

(b) for more than 5[eight hours] in one day; or

(c) for more than 6[forty-eight hours] in the week.

(2) The State Government may by rule made under section 68 grant
such exemptions FROM the provisions of sub-section (1) as it

-----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 59, (w.e.f. 16-2-1957).

2 Subs. by Act 56 of 1969, s. 34, for "State Transport Authority"
(w.e.f. 1-4-1971).

3 Subs. by s. 34, ibid., for "Regional Transport Authority"
(w.e.f. 1-4-1971).

4 Ins. by s. 34, ibid. (w.e.f. 1-4-1971).

5 Subs. by s. 35, ibid., for "nine hours" (w.e.f. 2-3-1970).

6 Subs. by s. 35, ibid., for "fifty-four hours" (w.e.f. 2-3-
1970).

7 Ins. & Subs. by Act 47 of 1978, s. 26 (w.e.f. 16-1-1979).

-----------------------------------------------------------------------

93.

thinks fit, to meet cases of emergency or of delays by reason of
circumstances which could not be foreseen.

(3)The State Government 1[or, if authorized in this behalf by the
State Government by rules made under section 68, the State or a
Regional Transport Authority] may require persons employing any
persons whose work is subject to any of the provisions of subsection
(1) to fix beforehand the hours of work of such persons so as to
conform with those provisions, and may provide 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 in compliance with any rule made under sub-section (3).

(5)The State Government may prescribe the circumstances under
which any period during which the driver of a vehicle although not
engaged in work is required to remain on or near the vehicle may be
deemd to be an interval for rest within the meaning of subsection (1).

66.
Voidance of contracts restrictive of liability.

66.Voidance of contracts restrictive of liability.Any contract
for the conveyance of a passenger in a stage carriage or contract
carriage, in respect of which a permit has been issued under this
Chapter, shall, so far as it purports to negative or restrict the
liability of any person in respect of any claim made against that
person in respect of the death of, or bodily injury to, the passenger
while being carried in, entering or alighting FROM the vehicle, or
purports to impose any conditions with respect to the enforcement of
any such liability, be void.

2[66A.Agent or canvasser to obtain licence. (1) No person shall
engage himself-

(i) as an agent or canvasser, in the sale of tickets for
travel by public service vehicles or in otherwise soliciting
custom for such vehicles, or

(ii) as an agent in the business of collecting, forwarding
or distributing goods carried by public carriers,

unless he has obtained a licence FROM such authority and subject to
such 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 for which a licence may be granted or renewed
:
-----------------------------------------------------------------------

1 Ins. by Act 20 of 1942, s. 15.
2 Ins. by Act 56 of 1969, s. 36 (w.e.f. 1-10-1970).

-----------------------------------------------------------------------

94.

(b) the fee payable for the issue or renewal of the licence;

(c) the deposit of security-

(i) of a sum not exceeding rupees five thousand in the
case of an agent in the business of collecting,
forwarding or distributing goods carried by public
carriers.

(ii) of a sum not exceeding rupees five hundred in the
case of any other agent or canvasser, and the
circumstances under which the security may be forfeited
;

(d) the provision by the agent of insurance of 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.]

67.
Power to rules as to stage carriages and contract carriages.

67.Power to 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,-

1 * * * *

(b) 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
infringing the rules by the driver or conductor of the
vehicle, or, on the request of the driver or conductor, or
any passenger, by any police officer;

(b) require a passenger who is reasonably suspected by the
driver or conductor of contravening the rules to give his
name and address to a police officer or to the driver or
conductor on demand

(c) require a passenger to declare, if so requested by the
driver or conductor, the journey he intends to take or has
taken in the vehicle and to pay the fare for the whole of
such journey and to accept any ticket provided therefor ;

(d) require, on demand being made for the purpose by the
driver or conductor or other person authorised by the owner
of the vehicle, production during the journey and

-----------------------------------------------------------------------

1 Cl. (a) omitted by Act 100 of 1956, s. 60 (w.e.f. 1-8-1957).

-----------------------------------------------------------------------

95.

surrender at the end of the journey by the thereof of any
ticket issued to him ;

(e) require a passenger, if so requested by the driver or
conductor, to leave the vehicle on the completion of the
journey the fare for which he has paid:

(f) require the surrender by the holder thereof on the
expiry of the period for which it is issued of a ticket
issued to him;

1[(ff) require a passenger to abstain FROM doing anything
which is likely to obstruct or interfere with the working of
the vehicle or to cause damage to any part of the vehicle or
its equipment or to cause injury or discomfort to any other
passenger ;

(fff) require a passenger not to smoke in any vehicle on
which a notice prohibiting smoking is exhibited;]

(g) require the maintenance of complaint books in stage
carriages and prescribe the conditions under which passengers
can record any complaints in the same.

68.
Power to make rules for the purposes of this Chapter.

68.Power to make rules for the purposes of this Chapter.(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:-

(a) the period of appointment and the terms of appointment
of and the conduct of business by Regional and State Trans-
port Authorities and the reports to be furnished by them ;

2[(aa) the conduct of business by any such authority in the
absence of any member (including the Chairman) thereof and
the nature of business which, the circumstances under which
and the manner in which, business could be so conducted;]

(b) the conduct and hearing of appeals that may be
preferred under this Chapter, 3[the fees to be paid in
respect of such appeals and the refund of such fees];

-----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 60 (w.e.f. 16-2-1957).

2 Ins. by Act 56 of 1969, s. 37 (w.e.f. 1-10-1970).

3 Added by Act 20 of 1942, s. 16.
-----------------------------------------------------------------------

96.

(c) the forms to be used for the purposes of this Chapter,
including the forms of permits;

8[(ci) the percentage of stage carriage permits public 9[or
public carriers permits] to be reserved under section 47 or
section 55 9*** for economically weaker sections of the
community;

(cii) the manner in which preference shall be given in the grant of
stage carriage permits 9[or public carriers permits] 9[ or
public carriers permits ] to economically weaker sections of
the community where no reservation is made to such
applicants;

(ciii) the date and limits of annual income and the extent of
land, for the purposes of Explanation I below sub-section
(1C) of section 47;

(civ) the circumstances under which, the manner in which, and
the extent to which. reservation may be carried forward in
respect of stage carriage permits 9[or public carriers
permits.]

1[(cc) the manner in which and the time within which every
application for a stage carriage permit or a public carriers
permit shall be published, as required by sub-section (3) of
section 57, and the circumstances under which and the fees on
payment of which copies of such applications may be granted;]

(d) the issue of copies of permits in place of permits
2[lost, destroyed or mutilated];

(e) the documents, plates and marks to be carried by
transport vehicles, the manner in which they are to be
carried and the languages in which any such documents are to
be expressed;

3* * * *

4[(g) the fees to be paid in respect of applications for
permits, duplicate permits and plates;]

5[(gg) the exemption of prescribed persons or prescribed
classes of persons FROM payment of all or any or any portion
of the fees payable under this Chapter;]

(h) the custody, production and cancellation on revocation
or expiration of permits, and the return of permits which
have become void or have been revoked ;

6[(hh) the conditions subject to which, and the extent to
which, a permit granted in another State shall be valid in
the State without counter-signature ;]

7[(i) the conditions subject to which, and the extent to
which, a permit granted in one region shall be valid in
another region within the State without counter-signature;

(ii) the conditions to be attached to permits for the
purpose of giving effect to any agreement such as is
referred to in clause (iv) of sub-section (1) of section 43;]
-----------------------------------------------------------------------

1 Ins. by Act 56 of 1969, s. 37 (w.e.f. 1-10-1970).

2 Subs. by Act 100 of 1956, s. 61, for "lost or destroyed"
(w.e.f. 16-2-1957).

3 Cl. (f) omitted by s. 61, ibid. (w.e.f. 1-8-1957).

4 Subs. by s. 61, ibid., for the original el. (w.e.f. 16-2-
1957).

5 Added by Act 20 of 1942, s. 16.
6 Ins. by Act 100 of 1956, s. 61, (w.e.f. 16-2-1957).

7 Subs. by s. 61 ibid., for cl. (i) w.e.f. 16.2.1957).

8 Ins. by Act 47 1978, s. 27 (w.e.f. 16-1-1979).

9 Subs. and Omitted by Act 9 of 1986, s. 4 (w.e.f. 28-1-
1986).

---------------------------------------------------------------------------

96A

(j) the authorities to whom, the time within which and the
manner in which appeals may be made;

(k) the construction and fittings of, and the equipment to
be carried by, stage and contract carriages, whether gene.
rally or in specified areas ;

(l) the determination of the number of passengers a stage
or contract carriage is adapted to carry and the number which
may be carried;

(m) the conditions subject to which goods may be carried on
stage and contract carriages partly or wholly in lieu of
passengers ;

(n) the safe custody and disposal of property left in a
stage or contract carriage ;

(o) 1[regulating the painting or marking of transport
vehicles and the display of advertising matter thereon, and
in particular prohibiting the painting or marking of trans-
port vehicles] in such colour or manner as to induce any
person to believe that the vehicle is used for the transport
of mails ;

(p) the conveyance in stage or contract carriages of
corpses or persons suffering FROM any infectious or
contagious disease or goods likely to cause discomfort or
injury to passengers and the inspection and disinfection of
such carriages, if used for such purposes ;

(q) the provision of taxi meters on motor cabs requiring
approval or standard types of taxi meters to be used and
examining, testing and sealing taxi meters;

(r) prohibiting; the picking up or setting down of
passengers by stage or contract carriages at specified places
or in specified areas or at 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 to and or alight
FROM the vehicle at a notified halting place;

2[(S) the requirements which shall be complied with in the
construction or use of any duly notified stand or halting
place, including the provision of adequate equipment and
facilities for the convenience of all users thereof,
----------------------------------------------------------------------

1 Subs. by Act 100 of 1956, s.61, for "prohibiting the painting
marking or of a State or a contract carriage " (w.e.f. 16-2-1957).

2 Subs. by s. 61, ibid., for cl. (s) (w.e.f. 16-2-1957).

-----------------------------------------------------------------------

96B

the fees, if any, which may be charged for the use of such
facilities, the records which shall be maintained at such
stands or places, the staff to be employed thereat, and the
duties and conduct of such staff, and generally for
maintaining such stands and places in a serviceable and clean
condition;

(ss) the regulation of motor-cab ranks:]

(t) requiring the owners of transport vehicles to notify
any change of address or to report the failure of or damage
to any vehicle used for the conveyance of passengers for hire
or reward ;

1[(tt) authorising specified persons to enter at all
reasonable times and inspect all premises used by permit
holders for the purposes of their business;]

(u) requiring the person in charge of a stage carriage to
carry any person tendering the legal or customary fare;

(v) the conditions under which and the types of containers
or vehicles in which animals or birds may be carried and the
seasons during which animals or birds may or may not be
carried ;

2[(w) the licensing 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;]

1[(ww) the licensing of agents engaged in the business of
collecting, 3[or forwarding and distributing] goods carried
by public carriers;]

(x) the inspection of transport vehicles and their contents
and of the permits relating to them ;

(y) the carriage of persons other than the driver in goods
vehicles ;

1[(yy) the specification of the municipal limits of a town
or of any other area as a free zone within which goods may,
subject to the prescribed conditions, be carried anywhere by
a motor vehicle covered by a public carrieds permit;

----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 61 (w.e.f. 16-2-1957).

2 Subs. by Act 20 of 1942, s. 16, for the original el.

3 Subs. by Act 56 of 1969, S. 37, for "forwarding and
distributing of" w.e.f. 1-10-1970).

------------------------------------------------------------------------

96C

Special Provisions relating to State Transport Undertakings.)

(z) the records to be maintained and the returns to be fur-
nished by the owners of transport vehicles ; and

(za) any other matter which is to be or may be prescribed.

CHAP

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

[CHAPTER IVA

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

68A.Definitions. In this Chapter, unless the context otherwise
requires,-

(a) "road transport service" means a service of motor
vehicles carrying passengers or goods or both by road for
hire or reward ;

(b) "State transport undertaking" means any undertaking
providing road transport service, where such undertaking is
carried on by,-

(i) the Central Government, or a State Government;

(ii) any Road Transport Corporation established under
section 3 of the Road Transport Corporations Act, 1950;
(64 of 1950.)

2 *

(iv) any municipality or any corporation or company
owned or controlled by 3[the Central Government or one
or more State Governments, or by the Central Government
and one or more State Governments].

68B.Chapter IVA to over ride Chapter IV and other laws. The
provisions of this Chapter and the rules and orders made thereunder
shall have effect notwithstanding anything inconsistent therewith
contained in Chapter IV of this Act or in any other law for the time
being in force or in any instrument HAVING effect by virtue of any
such law.

68C.Preparation and publication of scheme of road transport
service of State transport under-taking. Where any State transport
undertaking is of opinion that for the purpose of providing an
efficient, adequate, economical and properly coordinated road
transport service, it is necessary in the public interest that road
transport services in general or any parti-

----------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s. 62 (w.e.f. 16-2-1957).

2 Cl. (iii) omitted by Act 56 of 1969, s. 38 (w.e.f. 2-3-1970).

3 Subs. by s. 38, ibid.. for "the State Government" (w.e.f. 2-3-
1970).

------------------------------------------------------------------------

96D

cular class of such service in relation to any area or route or
portion thereof should be run and operated by the State transport
undertaking, whether to the exclusion, complete or partial, of other
persons or otherwise, the State transport undertaking may prepare a
scheme giving particulars of the nature of the services proposed to be
rendered, the area or route proposed to be covered and such other
particulars respecting thereto as may be prescribed, and shall cause
every such scheme to be published in the Official Gazette and also in
such other manner as the State Government may direct.

68D.Objection to the scheme. 1[(1) On the publication of any
scheme in the Official Gazette and in not less than one newspaper in
regional language circulating in the area or route which is proposed
to be covered by such scheme,-

(i) any person already providing transport facilities by
any means along or near the area or route proposed to be
covered by the scheme ;

(ii) any association representing persons interested in the
provision of road transport facilities recognised in this
behalf by the State Government ; and

(iii) any local authority or police authority within whose
jurisdiction any part of the area or route proposed to be
covered by the scheme lies,

may, within thirty days FROM the date of its publication in the
Official Gazette, file objections to it before the State Government.]

(2) The State Government may, after considering the objections
and after giving an opportunity to the objector or his representatives
and the representatives of the State transport undertaking to be heard
in the matter, if they so desire, approve or modify the scheme.

(3) The scheme as approved or modified under sub-section (2)
shall then be published in the Official Gazette by the State Govern-
ment and the same shall thereupon become final and shall be called the
approved scheme and the area or route to which it relates shall be
called the notified area or notified route :

Provided that no such scheme which relates to any inter-State
route shall be deemed to be an approved scheme unless it has been
published in the Official Gazette with the previous approval of the
Central Government.

----------------------------------------------------------------------

1 Subs. by Act 56 of 1969, s. 29, for sub-section (1) (w.e.f. 2-
3-1970).

----------------------------------------------------------------------

96E

68E.Cancellation or modification of scheme. 1[(1)] Any scheme
published under sub-section (3) of section 68D may at any time be
cancelled or modified by the State transport undertaking and the
procedure laid down in section 68C and section of 68D shall, so far as
it can be made applicable, be followed in every case where the scheme
is 2[proposed to be cancelled or modified as if the proposal were a
separate scheme:

Provided that the State Transport Undertaking may, with the
previous approval of the State Government, modify without following
the procedure laid down in section 68C and section 68D, any such
scheme relating to any route or area in respect of which the road
transport services are run and operated by the State Transport
Undertaking to the complete exclusion of other persons in respect of
the following matters, namely:-

(a) increase in the number of vehicles or the number of
trips;

(b) change in the type of vehicles without reducing the
seating capacity ;

(c) extension of the route or area, without reducing the
frequency of the service ; or

(d) alteration of the time-table without reducing the fre-
quency of the service.]

3[(2) Notwithstanding anything contained in sub-section (1), the
State Government may, at any time, if it considers necessary in the
public interest so to do, modify any scheme published under subsection
(3) of section 68D, after giving,-

(i) the State Transport Undertaking, and

(ii) any other person who, in the opinion of the State
Government, is likely to be affected by the proposed modifi-
cation,

an opportunity of being heard in respect of the proposed modifi-
cation.]

68F.Issue of permits to State transport under-takings. (1) Where,
in pursuance of an approved scheme, any State transport undertaking
applies 4[in such manner as may be prescribed by the State Government
in this behalf] for a stage carriage permit or a public carriers
permit or a contract carriage permit

----------------------------------------------------------------------

1 Re-numbered by Act 56 of 1969, s. 40 (w.e.f. 2-3-1970).

2 Subs. by s. 40, ibid., for certain words (w.e.f. 2-3-1970).

3 Ins. by s. 40, ibid. (w.e.f. 2-3-1970).

4. Subs. by s. 41. ibid (w.e.f. 1.10.1970).

-----------------------------------------------------------------------

96F

in respect of a notified area or notified route, the 1[State Transport
Authority in any case where the said area or route lies in more than
one region and the Regional Transport Authority in any other case]
shall issue such permit to the State transport undertaking, notwith-
standing anything to the contrary contained in Chapter IV.

2[(1A) Where any scheme has been published by a State Transport
Undertaking under section 68C that Undertaking may apply for a
temporary permit, in respect of any area or route or portion thereof
specified in the said scheme, for the period intervening between the
date of publication of the scheme and the date of publication of the
approved or modified scheme, and where such application is made, the
State Transport Authority or the Regional Transport Authority as the
case may be, shall, if it is satisfied that it is necessary to
increase, in the public interest, the number of vehicles operating in
such area or route or portion thereof, issue the temporary permit
prayed for by the State Transport Undertaking.

(1B) A temporary permit issued in pursuance of the provisions of
sub-section (1A) shall be effective,-

(i) if the scheme is published under sub-section (3) of
section 68D, until the grant of the permit to the State
Transport Undertaking under sub-section (1), or

(ii) it the scheme is not published under sub-section (3) of
section 68D, until the expiration of the one week FROM the
date on which the ORDER under subsection (2) of section 68D
is made.

(1C) If no application for a temporary permit is made under sub-
section (lA), the State Transport Authority or the Regional Transport
Authority, as the case may be, may grant, subject to such conditions
as it may think fit, temporary permit to any person in respect of the
area or route or portion thereof specified in the scheme and the
permit so granted shall cease to be effective on the issue of a permit
to the State Transport Uundertaking in respect of that area or route
or portion thereof.

(lD) Save as otherwise provided in sub-section (lA) or subsection
(lC), no permit shall, be granted or renewed during the period
interevening between the date of publication, under section 68C of any
scheme and the date of publication of the approved or

----------------------------------------------------------------------

1 Subs. by Act 56 of 1969 s. 41, for certain words. (w.e.f. 2-3-
1970).

2 Ins. by s. 41, ibid. (w.e.f. 2-3-1970).

----------------------------------------------------------------------

96G

modified scheme, in favour of any person for any class of road
transport service in relation to an area or route or portion thereof
covered by such scheme :

Provided that where the period of operation of a permit in rela-
tion to any area, route or portion thereof specified in a scheme
published under section 68C expires after such publication, such
permit may be renewed for a limited period, but the permit so renewed
shall cease to be effective on the publication of the scheme under
sub-section (3) of section 68D.]

3[(lE) Where a State transport undertaking applies for renewal of
a permit within the period specified in sub-section (2A) of section
58, the State Transport Authority or, as the case may be, the Regional
Transport Authority, shall, renew such permit, notwithstanding anythin
to the contrary contained in Chapter IV.]

(2) For the purpose of giving effect to the approved scheme in
respect of a notified area or notified route, 1[the State Transport
Authority or as the case may be, the Regional Transport Authority
concerned] may, by order,-

(a) refuse to entertain any application for 5[the grant or
renewal of any other permit or reject any such application as
may be pending];

(b) cancel any existing permit ;

(c) modify the terms of any existing permit so as to-

(i) render the permit ineffective beyond a specified
date ;

(ii) reduce the number of vehicles authorised to be
used under the permit ;

(iii)curtail the area or route covered by the permit so
far as such permit relates to the notified area or
notified route.

(3) For, the removal of doubts, it is hereby declared that no
appeal shall lie against any action taken, or ORDER passed, by 1[the
State Transport Authority or any Regional Transport Authority] under
sub-section (1) or sub-section (2).

2[68FF. Restriction on grant of permits in respect of a notified
area or notified route, Where a scheme has been published under sub-
section (3) of section 68D in respect of any notified area or notified
route, the State Transport Authority or the Regional Transport
Authority, as the case may be, shall not grant any permit except in
accordance with the provisions of the scheme;

Provided that where no application for a permit has been made an
by the State Transport Undertaking in respect of any notified area

----------------------------------------------------------------------

1 Subs. by Act 56 of 1969, s. 41, for certain words (w.e.f. 2-3-
1970).

2 Ins- by s. 42, ibid. (w.e.f. 2-3-1970).

3 Ins. by Act 47 of 1978, s. 28 (w.e.f. 16-1-1979).

----------------------------------------------------------------------

96H

or notified route in pursuance of an approved scheme, the State
Transport Authority or the Regional Transport Authority, as the case
may be, may grant temporary permits to any person in respect of such
notified area or notified route subject to the condition that such
permit shall cease to be effective on the issue of a permit to the
State Transport Undertaking in respect of that area or route.]

68G. Principles and method of determining compensation. (1)
Where, in exercise of the powers conferred by clause (b) or clause (c)
of sub-section (2) of section 68F, any existing permit is cancelled
or the terms thereof are modified, there shall be paid by the State
transport undertaking to the holder of the permit compensation the
amount of which shall be determined in accordance with the provisions
of sub-section (4) or sub-section (5), as the case may be.

(2) Notwithstanding anything contained in sub-section (1), no
compensation shall be payable on account of the cancellation of any
existing permit or any modification of the terms thereof, when a
permit for an alternative route or area in lieu thereof has been
offered by 1[the State Transport Authority or the Regional Transport
Authority, as the case may be,] and accepted by the holder of the
permit.

(3) For the removal of doubts, it is hereby declared that no
compensation shall be payable on account of the refusal to renew a
permit under clause (a) of sub-section (2) of section 68F.

(4) Where, in exercise of the powers conferred by clause (b) or
sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of
section 68F, any existing permit is cancelled or the terms thereof are
modified so as to prevent the holder of the permit FROM using any
vehicle authorised to be used thereunder for the full period for which
the permit would otherwise have been effective, the compensation
payable to the holder of the permit for each vehicle affected by such
cancellation or modification shall be computed as follows:-

(a) for every complete month or part of a Two hundred month
exceeding fifteen days of the rupees unexpired period of the
permit:

----------------------------------------------------------------------

1 Subs. by Act 56 of 1969, s. 43, for certain words (w.e.f. 2-3-
1970).
-----------------------------------------------------------------------

96I

(b) for part of a month not exceeding fifteen One hundred
days of the unexpired period of the rupees permit :

Provided that the amount of compensation shall, in no case, be
less than four hundred rupees.

(5) Where, in exercise of the powers conferred by sub-clause
(iii) of clause (c) of sub-section (2) of section 68F, the terms of an
existing permit are modified so as to curtail the area or route of any
vehicle authorised to be used thereunder, the compensation payable to
the holder of the permit on account of such curtailment shall be an
amount computed in accordance with the following formula, namely:-

Y x A / R

Explanation.-In this formula,-

(i) " Y " means the length or area by which the route or
area covered by the permit is curtailed ;

(ii) "A" means the amount computed in accordance with sub-
section (4)

(iii) R " means the total length of the route or the total
area covered by the permit.

68H.Payment of compensation. The amount of compensation payable
under section 68G shall be paid by the State transport undertaking to
the person or persons entitled thereto within one month FROM the date
on which the cancellation or modification of the permit becomes
effective :

Provided that where the State transport undertaking fails to make
the payment within the said period of one month, it shall pay interest
at the rate of 3 1/2 per cent. per annum FROM the date on which it
falls due.

1[68HH.Disposal of articles found in vehicles. Where any article
found in any transport vehicle operated by the State Transport
Undertaking is not claimed by its owner within the prescribed period,
the State Transport Undertaking may sell the article in the prescribed
manner and the sale proceeds thereof, after deducting the costs
incidental to sale, shall be paid to the owner on demand.]

----------------------------------------------------------------------

1 Ins. by Act 56 of 1969, s. 44 (w.e.f. 1-10-1970).
------------------------------------------------------------------------

96J

68I.Power to make rules. (1) The State Government may make rules
for the purpose of carrying INTO effect the provisions of this
Chapter.

(2)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: -

(a) the form in which, any scheme or approved scheme may be
published under section 68C or sub-section (3) of section 68D
;

(b) the manner in which objections may be filed under sub-
section (1) of section 68D;

(c) the manner in which objections may be considered and
disposed of under sub-section (2) of section 68D ;

1[(cc) the manner in which application under sub-section (1)
of section 68F may be made ;

(ccc) the period within which the owner may claim an article
found left in any transport vehicle under section 68HH and
the manner of sale of such article ;]

(d) the manner of service of orders under this Chapter;

(e) any other matter which has to be, or may be,
prescribed.]

2[68J.Certain powers of State Government exercisable by the
Central Government. The powers conferred on the State Government
under this Chapter shall, in relation to a corporation or company
owned or controlled by the Central Government or by the Central
Government and one or more State Governments, be exercisable only by
the Central Government in relation to an inter-State route or area.]

CHAP

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

Last updated on February, 2008

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