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.