Page 911 - The Central Motor Vehicles Rules, 1989

MOTOR VEHICLE AGGREGATOR GUIDELINES, 2020 883

(f) number of deaths or severe injuries to Riders and/or Drivers caused
due to violation of safety standards by the Aggregator;
(g) effect on Driver welfare and livelihood due to violation of contractual
obligations;
(h) severity of financial swindling;
(i) and such other parameters as the State Governments may deem fit
and appropriate:
PROVIDED that where the Aggregator is liable to be suspended and the
Competent Authority is of the opinion that having regard to the circumstances
of the case it would not be necessary or expedient to suspend the License, the
Aggregator may pay a sum as decided by the States. This is notwithstanding the
fine imposed against the Aggregator under Section 193(2).
(2) On completion of period specified in the Suspension Order the Aggregator
shall by way of an undertaking in writing acknowledge the reasons for suspension
as specified in the Suspension Order and undertake that the same stands rectified
and will be therefrom complied with. Subsequent to this, the Competent Authority
shall pass an order acknowledging the satisfaction of the Suspension Order and
receipt of the undertaking and grant the Aggregator temporary permission to
continue operations for a period which shall not be less than 2 months but not
more than 6 months (“Probationary Period”) while still withholding the
Aggregator’s License.

(3) During the Probationary Period, the Aggregator shall continue operations
and rectify the reasons causing the former suspension while ensuring compliance
with these Guidelines in its entirety. Subsequent to the expiry of the Probationary
Period the Competent Authority shall examine the operations of the Aggregator
to ensure compliance with these Guidelines and rectification of the issues causing
the former suspension.
(4) If the Competent Authority stands satisfied pursuant to the examination
at the end of the Probationary Period, the Competent Authority shall issue a no
objection certificate (NOC) to the Aggregator and return the License, subsequent
to which the Aggregator shall continue operations. If unsatisfied, a second
Probationary period of seven (7) days shall be granted for implementing the
requisite rectifications.
(5) If satisfied, an NOC shall be granted to the Aggregator subsequent to
investigation after the expiry of seven (7) days and the License shall be returned.
If the requisite rectifications remain unsatisfied, the Competent Authority may
within fifteen (15) days, after giving an opportunity of being heard to the Aggregator,
suspend the License for a period which shall not be less than forty-five days and
not more than three months, specifying the reasons for continued suspension by
way of a written order (“Continuing Suspension Order”). On receipt of a Continuing
Suspension Order, the same procedure shall be followed as specified in this Clause
16(2), 16(3) and 16(4) above.