Page 79 - The Motor Vehicles Act, 1988
P. 79

SECTION 76                                THE MOTOR VEHICLES ACT, 1988  65


                                        (iii) State Tourism Departments;
                                        (iv) State Transport Undertakings;
                                         (v) co-operative societies registered or deemed to have been registered
                                            under any enactment for the time being in force;
                                        (vi) ex-servicemen;
                                      1 [(vii) self-help groups.]
                                                         COMMENT

                               When a scheme is prepared by the State Government entrusting the contract carriage services
                          in relation to any Transport Undertaking to the exclusion complete or partial of other persons, the
                          provisions of s. 74 and s. 80 would have no application and private transport operations cannot
                          apply for the grant of contract carriage permits under s. 80 nor can such permit be granted by the
                          Transport Authority.—Vijay Kumar Sharma v. State of Karnataka AIR 1990 SC 2077
                          75. Scheme for renting of motor cabs
                               (1) The Central Government may, by notification in the Official Gazette, make a
                                                                                2
                          scheme for the purpose of regulating the business of renting of  [motor cabs or motor
                          cycles to persons desiring to drive either by themselves or through drivers, motorcabs
                          or motor cycles] for their own use and for matters connected therewith.
                               (2) A scheme made under sub-section (1) may provide for all or any of the following
                          matters, namely:—
                                 (a) licensing of operators under the scheme including grant, renewal and
                                     revocation of such licences;
                                 (b) form of application and form of licences and the particulars to be contained
                                     therein;
                                 (c) fee to be paid with the application for such licences;
                                 (d) the authorities to which the application shall be made;
                                 (e) conditions subject to which such licences may be granted, renewed or
                                     revoked;
                                 (f) appeals against orders of refusal to grant or renew such licences and appeals
                                     against orders revoking such licences;
                                 (g) conditions subject to which motorcabs may be rented;
                                 (h) maintenance of records and inspection of such records;
                                 (i) such other matters as may be necessary to carry out the purposes of this
                                     section.
                          76. Application for private service vehicle permit
                               (1) A Regional Transport Authority may, on an application made to it, grant a
                          private service vehicle permit in accordance with the application or with such
                          modification as it deems fit or refuse to grant such permit:

                          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.
                          2   Substituted for “motor cabs to persons desiring to drive the cabs” by Act 54 of 1994, w.e.f.
                              14-11-1994.
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