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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



(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; 

(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.

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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). -----------------------------------------------------------------------



(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  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 ---------------------------------------------------------------------- 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. ---------------------------------------------------------------------- 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.] ---------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 38 (w.e.f. 16-2-1957). 2 Added by Act 20 of 1942, s. 13. ----------------------------------------------------------------------- 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.] ---------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 68
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.]

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).



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

(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, "inter State 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.]

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).



(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.

(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 :

(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 particular 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.]

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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). -----------------------------------------------------------------------



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.



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.

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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), ------------------------------------------------------------------------



(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

(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.]

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



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 carrier's 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.

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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).

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(1) A Regional Transport Authority shall, 3[in considering an application for] a private carrier's permit, have regard to the  Authority in considering application or a private carrier's 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 carrier's 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 carrier's 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 carrier's 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.

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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).

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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 carrier's 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 2* * * 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;

(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.]

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

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

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(1) A Regional Transport Authority shall, in considering an application for a public carrier's 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;

(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 carrier's 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 carrier's 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 carrier's permits may be granted in the region or in any specified area or on any specified route within the region.]



(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 carrier's 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 carrier's 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;

(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 carrier's 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 carrier's permit.]

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).



(1) An application for a contract carriage permit or a private carrier's permit may be made at any time.

(2) An application for I stage carriage permit or a public carrier's 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 carrier's 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 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 carrier's 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 carrier's 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.]

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)



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 carrier's permit or a public carrier's permit other than a temporary permit issued under section 62 shall be effective without renewal for a period of five years.]
 
(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 carrier's 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.]


 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).



(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].

(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.

59A. 4*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.]

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).



(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 permit, or

(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 carrier's 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 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.]

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

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).

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

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),



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 there under 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 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.]

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).



(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 carrier's 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 regions 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  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 countersignatures of permits in pursuance of any direction issued by the Commission 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 here under, 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 deposit, by way of security, in such manner and such amount, not exceeding 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 carrier's 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.)
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.
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).

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



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.
 
66A. 1*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 :

(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.]

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

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(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 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;

2*[(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.

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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).

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(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 Transport 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];  

(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 carrier's permits] to be reserved under section 47 or section 55 26*** 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 carrier's
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 27*[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;]

(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) 10*[regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport 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;

11*[(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, 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 ;

12*[(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 ;

13*[(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;]

14*[(ww) The licensing of agents engaged in the business of collecting, 15*[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;

16*[(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 carried's permit; 96C Special Provisions relating to State Transport Undertakings.)

(z) The records to be maintained and the returns to be furnished by the owners of transport vehicles ; and

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

68A. 28*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.)

17*(iv) Any municipality or any corporation or company owned or controlled by 18*[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 there under 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. 29*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- 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.

19*[(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.

68E.Cancellation or modification of scheme.

20*[(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 21*[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 frequency of the service.]

23*[(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 modification,' an opportunity of being heard in respect of the proposed modifi- cation.]

68F. 30* Issue of permits to State transport under-takings.

(1) Where, in pursuance of an approved scheme, any State transport undertaking applies 14*[in such manner as may be prescribed by the State Government in this behalf] for a stage carriage permit or a public carrier's permit or a contract carriage permit in respect of a notified area or notified route, the 15*[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, notwithstanding anything to the contrary contained in Chapter IV.

16*[(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 undertaking 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  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 relation 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.]

17*[(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, 18*[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 19*[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 20*[the State Transport Authority or any Regional Transport Authority] under sub-section (1) or sub-section (2).

68FF. 21*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  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 22*[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 there under 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:

(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 there under, 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.

68HH. 23* 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.]

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 ;

24*[(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.]

68J.25*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.]


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


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).

10 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).

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

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

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

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

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

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

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

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

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

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

21 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).

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

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

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

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

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

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

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

29 Ins, by Act 56 of 1969, s. 45 (w.e.f. 1-10-1970).

30 Ins. by s. 46, ibid. (w.e.f. 2-3-1970).

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


Last updated on August, 2016

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