Page 91 - The Motor Vehicles Act, 1988

SECTION 88A THE MOTOR VEHICLES ACT, 1988 77

COMMENTS
The appropriate authority while granting national permit in order to encourage the long
distance travel shall keep in view the rule framed by the Central Government under sub-s. (14)
and shall give due regard to the provisions of ss. 69, 77, 80 to 86 and s. 89 at the time of granting
the national permit. As s. 59 is not maintained in sub-s. (12), the Central Govt. cannot frame the
rules fixing the age limit of the vehicle under the Rules framed under sub-s. (14) of section 88.—
Ishar v. State of Rajasthan AIR 1992 Raj 40
A vehicle cannot be offered for hire within the State or from that State to any other State
except for return journey to any point in the home State. Thus a vehicle can be offered for hire to
tourists who ultimately end their journey in the home State. It cannot be offered for hire to other
States merely because that would be catering to the need of other States and that has to be taken
care of by the transport authorities of those other States.—Deshmukh Co-op. Transport v. UOI
AIR 1992 Del. 376
The Act provides an exemption from counter signature of a permit where both the starting
point and the terminal point of a route are situated within the same State even though part of such
route lies in any other State falling short of 16 kms. in length.—M.G. Automobiles v. Karnataka
State Transport Authority AIR 1990 Kar. 151
Transport Authority is not authorised to create new routes and permits granted, if any, are
invalid for all purposes.—Zamindera Motor Tpt. Co-op. Society v. RTA Bikaner & Ors., 1999 (1)
WLC (Raj.) 348
Permit granted over and above ceiling limit is invalid and other authority is not bound to
consider the application for grant of counter signature.—Zamindara Motor Tpt. Co-op. Soc. v.
RTA Bikaner 1999 (1) WLC (Raj.) 348
1 [88A. Power of Central Government to make schemes for national, multimodal
and inter-State transport of passengers and goods
(1) Notwithstanding anything contained in this Act, the Central Government may,
by notification in the Official Gazette, modify any permit issued under this Act or make
schemes for national, multimodal and inter-State transportation of goods or passengers,
and issue or modify licences under such scheme for the following purposes, namely:—
(a) last mile connectivity;
(b) rural transport;
(c) improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by enabling
competitiveness, productivity and efficiency;
(f) the increase in the accessibility and mobility of people;
(g) the protection and enhancement of the environment;
(h) the promotion of energy conservation;
(i) improvement of the quality of life;
(j) enhancement of the integration and connectivity of the transportation
system, across and between modes of transport; and
(k) such other matters as the Central Government may deem fit:
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.