Page 77 - The Motor Vehicles Act, 1988
P. 77

SECTION 74                                THE MOTOR VEHICLES ACT, 1988  63


                                     to grant a separate permit in respect of the original route as so varied or
                                     any part thereof;
                              (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority
                                     such periodical returns, statistics and other information as the State
                                     Government may from time to time prescribe;
                              (xxiv) any other conditions which may be prescribed:
                          1 [PROVIDED that the Regional Transport Authority may waive any such condition for
                          a stage carriage permit operating in a rural area, as it deems fit.]
                                                         COMMENTS
                               Operator is expected to maintain specified standards of comfort and cleanliness in the vehicle.
                          Object of the Motor Vehicles Act and the permits issued thereunder is to provide travelling facilities
                          without exposing public to risk of human life.  Where the vehicle being in shabby condition does
                          not give reasonably comfortable travelling facilities for the public, the purpose for which the permits
                          are granted stand frustrated.—Hindustan Bus Service v. State Transport Appellate Tribunal AIR
                          1991 All 382
                               The affixation of notification on the notice board is no notice to the interested permit holders
                          unless circumstances show that such permit holders naturally notice the notification.—K.
                          Mohammed Sadiq v. Secretary Regional Transport Authority AIR 1994 Ker 1
                          73. Application for contract carriage permit
                               An application for a permit in respect of a contract carriage (in this Chapter referred
                          to as a contract carriage permit) shall contain the following particulars, namely,—
                                 (a) the type and seating capacity of the vehicle;
                                 (b) the area for which the permit is required;
                                 (c) any other particulars which may be prescribed.
                          74. Grant of contract carriage permit
                               (1) Subject to the provisions of sub-section (3), a Regional Transport Authority
                          may, on an application made to it under section 73, grant a contract carriage permit in
                          accordance with the application or with such modification as it deems fit or refuse to
                          grant such  a permit:
                               PROVIDED that no such permit shall be granted in respect of any area not specified
                          in the application.
                               (2) The Regional Transport Authority, if it decides to grant a contract carriage
                          permit, 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 except in accordance with specified conditions, no contract of hiring,
                                     other than an extension or modification of a subsisting contract, may be
                                     entered into outside the specified area;
                                (iii) the maximum number of passengers and the maximum weight of luggage
                                     that may be carried on the vehicles, either generally or on specified
                                     occasions or at specified times and seasons;


                          1   Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO
                              3110(E), dt. 28-8-2019.
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