Page 769 - The Central Motor Vehicles Rules, 1989

THE RENT-A-CAB SCHEME, 1989 741

(a) failed to comply with the provisions of paragraph 8 or 9; or
(b) failed to maintain the motor cab in compliance with the provisions of the
Act and Rules; or
(c) any one of his employees has misbehaved with the customers; or
(d) any complaint against the licensee by any hirer has been proved beyond
reasonable doubt—
(i) suspend the licence for a specified period, or
(ii) cancel the licence.
(2) Where the licence is liable to be cancelled or suspended and the licensing
authority is of opinion that having regard to the circumstances of the case, it would not
be necessary or expedient to cancel or suspend the licence, if the holder of the licence
agrees to pay the fine that may be imposed by the licensing authority, then
notwithstanding anything contained in clause (1) the licensing authority may instead
of cancelling or suspending the licence, as the case may be, recover from the holder of
the licence, the said fine.
(3) For the purpose of recovery of the sum of money agreed upon, the State
Government may, by notification in the Official Gazette, specify the amount recoverable
for each day of suspension and the amount recoverable in lieu of cancellation of the
licence and specify the time within which the sum of money agreed upon is payable
failing which the order passed under clause (1) shall be implemented.
(4) When the licence is suspended or cancelled under clause (1), the holder of the
licence shall surrender the licence to the licensing authority.
12. Appeal
Any person aggrieved by any order of the licensing authority under paragraph 6
or paragraph 11, may within 30 days of the receipt of the order, appeal to the State
Transport Appellate Tribunal.
13. Procedure for appeal
(1) An appeal under rule 12 shall be preferred in duplicate in the form of a
memorandum setting forth the ground of objections to the order of the licensing
authority and shall be accompanied by a fee as may be specified by the State
Government, by notification, in the Official Gazette.
(2) The State Transport Appellate Tribunal may after giving an opportunity to the
parties to be heard and after such enquiry as it may deem necessary, pass appropriate orders.
14. Voluntary surrender of the licence
The holder of a licence may at any time surrender the licence issued to him to his
licensing authority which granted the licence and, on such surrender, the licensing
authority shall cancel the licence. The holder of the licence before surrendering the
licence shall clear the dues referred to in clause (2) of paragraph 11.
FORM 1
[Refer Para 4(1)]
APPLICATION FOR GRANT/RENEWAL OF LICENCE FOR RENTING MOTOR CABS
IN RESPECT OF MAIN OFFICE
To
The State Transport Authority, ...................
State/UT
I, the undersigned, hereby apply for a licence for renting motor cabs in the State
of.................