Page 78 - The Motor Vehicles Act, 1988

64 THE MOTOR VEHICLES ACT, 1988 SECTION 74

(iv) the conditions subject to which goods may be carried in any contract
carriage in addition to, or to the exclusion of, passengers;
(v) that, in the case of motorcabs, specified fares or rates of fares shall be
charged and a copy of the fare table shall be exhibited on the vehicle;
(vi) that, in the case of vehicles other than motorcabs, specified rates of hiring
not exceeding specified maximum shall be charged;
(vii) that in the case of motorcabs, a specified weight of passengers’, luggage
shall be carried free of charge, and that the charge, if any, for any luggage
in excess thereof shall be at a specified rate;
(viii) that, in the case of motorcabs, a taximeter shall be fitted and maintained in
proper working order, if prescribed;
(ix) that the Regional Transport Authority may, after giving notice of not less
than one month—
(a) vary the conditions of the permit,
(b) attach to the permit further conditions;
(x) that the conditions of permit shall not be departed from save with the
approval of the Regional Transport Authority;
(xi) that specified standards of comfort and cleanliness shall be maintained in
the vehicles;
(xii) that, except in the circumstances of exceptional nature, the plying of the
vehicle or carrying of the passengers shall not be refused;
(xiii) any other conditions which may be prescribed:
1 [PROVIDED that the Regional Transport Authority may in the interests
of last mile connectivity waive any such condition in respect of any such
types of vehicles as may be specified by the Central Government.]
(3) (a) The State Government shall, if so directed by the Central Government,
having regard to the number of vehicles, road conditions and other relevant
matters, by notification in the Official Gazette, direct a State Transport
Authority and a Regional Transport Authority to limit the number of
contract carriages generally or of any specified type, as may be fixed and
specified in the notification, operating on city routes in towns with a
population of not less than five lakhs.
(b) Where the number of contract carriages are fixed under clause (a), the
Regional Transport Authority shall, in considering an application for the
grant of permit in respect of any such contract carriage, have regard to the
following matters, namely,—
(i) financial stability of the applicant;
(ii) satisfactory performance as a contract carriage operator including
payment of tax if the applicant is or has been an operator of contract
carriages; and
(iii) such other matters as may be prescribed by the State Government:
PROVIDED that, other conditions being equal, preference shall be
given to applications for permits from—
(i) the Indian Tourism Development Corporation;
(ii) State Tourism Development Corporations;
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.