Page 75 - The Motor Vehicles Act, 1988

SECTION 72 THE MOTOR VEHICLES ACT, 1988 61

Authorities have to keep in mind while granting permits that the provisions of the Act relating
to speed at which the vehicles may be driven are not contravened while granting permits they
exercise quasi-judicial powers and have to apply their minds to each applicant before granting
permit.—Surendra Rao v. Regional Transport Authority AIR 1992 All 211
While granting stage carriage permit preference to State Transport Undertaking can arise
when private applicant and State undertaking are equally placed.—Pepsu Road Transport
Corporation v. State of Punjab AIR 1994 NOC 50 (P&H)
It can be brought to the notice of the Regional Transport Authority by an existing operator
that any of the applicants does not fulfil the conditions laid down in the guiding principles or he is
not financially suitable or his performance as stage carriage operator was not satisfactory.
The advance entries in the Broadsheet are relevant and the same are to be taken into
consideration for the purpose of determining the suitability of an applicant for grant of a stage
carriage permit.—P. Najesh v. Karnataka State Transport Appellate Tribunal AIR 1990 Kan 136
Where it is proposed that the vehicle shall be used in ten or more regions lying in different
States then amending to s. 69 of the Act, application for grant of permit has to be made to the
Regional Transport Authority of the region in which the applicant resides or has principal place of
business.—Kana Rama v. Regional Transport Authority AIR 1990 Raj 143
72. Grant of stage carriage permit
(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
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 occasion;
(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-tables 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;