Page 84 - The Motor Vehicles Act, 1988

70 THE MOTOR VEHICLES ACT, 1988 SECTION 82

for the renewal of a permit after the last date specified in that sub-section if it is satisfied
that the applicant was prevented by good and sufficient cause from making an
application within the time specified.
(4) The Regional Transport Authority or the State Transport Authority, as the case
may be, may reject an application for the renewal of a permit on one or more of the
following grounds, namely,—
(a) the financial condition of the applicants as evidenced by insolvency, or
decrees for payment of debts remaining unsatisfied for a period of thirty
days, prior to the date of consideration of the application;
(b) the applicant had been punished twice or more for any of the following
offences within twelve months reckoned from fifteen days prior to the date
of consideration of the application committed as a result of the operation
of a stage carriage service by the applicant, namely,—
(i) plying any vehicle—
(1) without payment of tax due on such vehicle;
(2) without payment of tax during the grace period allowed for
payment of such tax and then stop the plying of such vehicle;
(3) on any unauthorised route;
(ii) making unauthorised trips:
PROVIDED that in computing the number of punishments for the purpose of
clause (b), any punishment stayed by the order of an appellate authority shall not be
taken into account:
PROVIDED FURTHER that no application under this sub-section shall be rejected
unless an opportunity of being heard is given to the applicant.
(5) Where a permit has been renewed under this section after the expiry of the
period thereof, such renewal shall have effect from the date of such expiry irrespective
of whether or not a temporary permit has been granted under clause (d) of section 87,
and where a temporary permit has been granted, the fee paid in respect of such
temporary permit shall be refunded.
COMMENT
Where the incumbent wants to avail the permit for a full tenure, he will have to employ a
vehicle which has not spent the life-span of 9 years. Incumbent is free to replace the vehicle by
another vehicle of the same nature.—Ishar v. State of Rajasthan AIR 1992 Raj 40
82. Transfer of permit
(1) Save as provided in sub-section (2), a permit shall not be transferable from one
person to another except with the permission of the transport authority which granted
the permit and shall not, without such permission, operate to confer on any person to
whom a vehicle covered by the permit is transferred any right to use that vehicle in the
manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of
the vehicle covered by the permit may, for a period of three months, use the permit as
if it had been granted to himself: