Section 69 in Motor Vehicles Act 1988
Title: General provision as to applications for permits
(1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:
Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major 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.
(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
Title: Application for stage carriage permit
(1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:--
(a) the route or routes or the area or areas to which the application relates;
(b) the type and seating capacity of each such vehicle;
(c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips.
Explanation.--For the purposes of this section, section 72, section 80 and section 102, "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, maintenance 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.
(2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed
Title: Procedure of Regional Transport Authority in considering application for stage carriage permit
(1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
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(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 timetable so as to conform to the said provisions.
(3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs.
(b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
(c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely:--
(i) financial stability of the applicant;
(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from--
(i) State transport undertakings;
(ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; 2***
(iii) ex-servicemen; 3[or]
3[(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing consider necessary.]
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Explanation.--For the purposes of this section "company" means any body corporate, and includes a firm or other association of individuals; and "director", in relation to a firm, means a partner in the firm.
1. Proviso omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994).
2. The word "or" omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994).
3. Ins.by s. 23, ibid. (w.e.f. 14-11-1994).
4. Sub-sections (4) and (5) omitted by s. 23, ibid. (w.e.f. 14-11-1994).
Title: Grant of stage carriage permits
(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any route or area not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage 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 vehicles shall be used only in a specified area, or on a specified route or routes;
(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;
(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;
(iv) that copies of the time-table of the stage carriage 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;
(v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;
(vi) 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;
(vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons;
(viii) 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;
(ix) the rate of charge that may be levied for passengers' luggage in excess of the free allowance;
(x) that vehicles of a specified type fitted with body 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;
(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;
(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;
(xiii) that fares shall be charged in accordance with the approved fare table;
(xiv) 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 the stage carriage and at specified stands and halts;
(xv) 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;
(xvi) that mails shall be carried on the vehicle 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;
(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;
(xviii) the conditions subject to which vehicle may be used as a contract carriage;
(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;
(xx) that any 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;
(xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(xxii) 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:
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 convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;
(xxiii) that the holder of a 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;
(xxiv) any other conditions which may be prescribed.
1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.]
1. Ins. by Act 32 of 2019, s. 32 (w.e.f. 1-9-2019).
Title: Application for contract carriage permit
An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:--
(a) the type and seating capacity of the vehicle;
(b) the area for which the permit is required;
(c) any other particulars which may be prescribed.