Page 912 - The Central Motor Vehicles Rules, 1989

884 MOTOR VEHICLE AGGREGATOR GUIDELINES, 2020

(6) Without prejudice to an order of suspension passed by the Competent
Authority, the security provided by way of bank guarantee may also be forfeited
in part, depending upon the extent of the violation. It may be noted that if the
security is forfeited, the same shall only be returned on the Aggregator receiving
the License again and not during either of the Probationary Period.
(7) Where a License is suspended, the Aggregator shall immediately stop all
operations under the License till the time such suspension is revoked.
17. Cancellation of Aggregator License

(1) A showcause notice shall be issued to the Aggregator for cancellation of
the Aggregator’s License, if the Aggregator:
(a) has received more than three (3) suspensions within one financial
year; or
(b) has failed to receive its License and NOC pursuant to a second
examination of the Continuing Suspension Order; or
(c) is responsible for the commission of a gross offence as categorized
by the State Government under Clause 16(1)(d) above.
(2) The Competent Authority may within two (2) days of issuing the showcause
notice provide an opportunity of hearing to the Aggregator and thereafter cancel
the license.
(3) Where a license is cancelled, the Aggregator shall immediately stop all
operations under the license.
(4) Without prejudice to an order of cancellation passed by the Competent
Authority, the security provided by way of bank guarantee shall be forfeited in
full.
(5) The Aggregator may, at any time, voluntarily surrender the license for
cancellation. On such surrender of the license, the security by way of bank guarantee
if any shall be returned to the Aggregator after the payment of outstanding dues
if any.
18. Appeal
(1) The Aggregator aggrieved by any order passed by the Competent Authority
may, within 30 days of receipt of the order, appeal to the State Government or
such other agency as may be notified by the State Government.
(2) An appeal shall be in the form of a memorandum in duplicate setting forth
the grounds for the appeal and shall be accompanied by the requisite fee and the
certified copy of the order passed by the Competent Authority.
19. Powers and Responsibilities of the State Government
(1) The State Government shall be empowered to call for such information
and documents from the Aggregator, as deemed fit to ensure compliance by the
Aggregator with these Guidelines pursuant to prior written notice. This shall also
include the power to investigate about the Drivers who have been Off boarded
at more than one instance;