Page 87 - The Motor Vehicles Act, 1988

SECTION 88 THE MOTOR VEHICLES ACT, 1988 73

COMMENT
Transport authority is authorised to cancel or suspend the permit granted by it on the breach
of any condition contained in the permit but prior to such suspension or cancellation an opportunity
has to be given to the holder of the permit to furnish his explanation.—Joint Action Committee of
BTA v. State of W.B. AIR 1994 Cal 10
87. Temporary permits
(1) A Regional Transport Authority and the State Transport Authority may without
following the procedure laid down in section 80, grant permits, to be effective for a
limited period which shall, not in any case exceed four months, to authorise the use of
a transport vehicle temporarily—
(a) for the conveyance of passengers on special occasions such as to and from
fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit,
and may attach to any such permit such conditions as it may think fit:
PROVIDED that a Regional Transport Authority or, as the case may be, State
Transport Authority may, in the case of goods carriages, under the circumstances of an
exceptional nature, and for reasons to be recorded in writing, grant a permit for a period
exceeding four months, but not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a temporary permit
may be granted thereunder in respect of any route or area where—
(i) no permit could be issued under section 72 or section 74 or section 76 or
section 79 in respect of that route or area by reason of an order of a court or
other competent authority restraining the issue of the same, for a period
not exceeding the period for which the issue of the permit has been so
restrained; or
(ii) as a result of the suspension by a court or other competent authority of the
permit of any vehicle in respect of that route or area, there is no transport
vehicle of the same class with a valid permit in respect of that route or
area, or there is no adequate number of such vehicles in respect of that
route or area, for a period not exceeding the period of such suspension:
PROVIDED that the number of transport vehicles in respect of which temporary
permits are so granted shall not exceed the number of vehicles in respect of which the
issue of the permits have been restrained or, as the case may be, the permit has been
suspended.
88. Validation of permits for use outside region in which granted
(1) Except as may be otherwise prescribed, a permit granted by the Regional
Transport Authority of any one region shall not be valid in any other region, unless the
permit has been countersigned by the Regional Transport Authority of that other region,
and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional
Transport Authority concerned: