Page 101 - The Motor Vehicles Act, 1988

SECTION 105 THE MOTOR VEHICLES ACT, 1988 87

(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 insofar 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 the State Transport Authority or any Regional
Transport Authority under sub-section (1) or sub-section (2).
STATE AMENDMENTS
Karnataka
In its application to the State of Karnataka in section 103, after sub-section (1), insert the
following sub-section, namely:—
“(1-A) It shall be lawful for the State Transport Undertaking to operate on any route as
stage carriage, under any permit issued therefore to such undertaking under sub-section (1), any
vehicle placed at the disposal and under the control of such undertaking by the owner of such
vehicle under any arrangement entered into between such owner and the undertaking for the use
of the said vehicle by the undertaking.” [Vide Karnataka Act 11 of 1996 w.r.e.f. 8.7.1996]
Uttar Pradesh
In its application to the State of Uttar Pradesh, in section 103, after sub-section (1), insert the
following sub-section shall be inserted, namely:—
“(1-A) It shall be lawful for a State Transport Undertaking to operate on any route as stage
carriage, under any permit issued therefore to such undertaking under sub-section (1), any vehicle
placed at the disposal and under the control of such undertaking by the owner of such vehicle
under any arrangement entered into between such owner and the undertaking for the use of the
said vehicle by the undertaking.” [Vide Uttar Pradesh Act 5 of 1993 w.r.e.f. 16.1.1993]
104. 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 100 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 by the State
transport undertaking in respect of any notified area or notified route in pursuance of
and 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.
105. Principles and method of determining compensation and payment thereof
(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-
section (2) of section 103, 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.