Page 82 - The Motor Vehicles Act, 1988

68 THE MOTOR VEHICLES ACT, 1988 SECTION 80

(viii) that the conditions of the permit shall not be departed from, save with the
approval of the Regional Transport Authority;
(ix) any other conditions which may be prescribed.
(3) The conditions referred to in sub-section (2) may include conditions relating to
the packing and carriage of goods of dangerous or hazardous nature to human life.
80. Procedure in applying for and granting permits
(1) An application for a permit of any kind may be made at any time.
1
(2) A [Regional Transport Authority, State Transport Authority or any prescribed
authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant
an application for permit of any kind made at any time under this Act:
1
PROVIDED that the [Regional Transport Authority, State Transport Authority
or any prescribed authority referred to in sub-section (1) of section 66] may summarily
refuse the application if the grant of any permit in accordance with the application
would have the effect of increasing the number of stage carriages as fixed and specified
in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or
of contract carriages as fixed and specified in a notification in the Official Gazette under
clause (a) of sub-section (3) of section 74 :
1
PROVIDED FURTHER that where a [Regional Transport Authority, State
Transport Authority or any prescribed authority referred to in sub-section (1) of section
66] refuses an application for the grant of a permit of any kind under this Act, it shall
give to the applicant in writing its reasons for the refusal of the same and an opportunity
of being heard in the matter.
(3) An application to vary the conditions of any permit, other than a temporary
permit, by the inclusion of a new route or routes or a new area or by altering the route
or routes or area covered by it, or in the case of a stage carriage permit by increasing the
number of trips above the specified maximum or by the variation, extension or
curtailment of the route or routes or the area specified in the permit shall be treated as
an application for the grant of a new permit :
PROVIDED that it shall not be necessary so to treat an application made by the
holder of stage carriage permit who provides the only service on any route to increase
the frequency of the service so provided without any increase in the number of vehicles:
PROVIDED FURTHER that,—
(i) in the case of variation, the termini shall not be altered and the distance
covered by the variation shall not exceed twenty-four kilometres;
(ii) in the case of extension, the distance covered by extension shall not exceed
twenty-four kilometres from the termini,
and any such variation or extension within such limits shall be made only after
the transport authority is satisfied that such variation will serve the convenience of the
public and that it is not expedient to grant a separate permit in respect of the original
route as so varied or extended or any part thereof.
1
(4) A [Regional Transport Authority, State Transport Authority or any prescribed
authority referred to in sub-section (1) of section 66] may, before such date as may be
1 Substituted for “Regional Transport Agency” by Act 54 of 1994, w.e.f. 14-11-1994.