Page 92 - The Motor Vehicles Act, 1988

78 THE MOTOR VEHICLES ACT, 1988 SECTION 89

PROVIDED that the Central Government may, before taking any action under
this sub-section concurrence the State Governments.
(2) Notwithstanding anything contained in sub-section (1), two or more States
may make schemes for the operation within such States for the inter-State transportation
of goods or passengers:
PROVIDED that in the event of any repugnancy between the schemes made by
the Central Government under sub-section (1) and schemes made by two or more States
under this sub-section, the schemes made under sub-section (1) shall prevail.]
89. Appeals
(1) Any person—
(a) aggrieved by the refusal of the State or a Regional Transport Authority to
grant a permit, or by any condition attached to a permit granted to him, or
(b) aggrieved by the revocation or suspension of the permit or by any variation
of the conditions thereof, or
(c) aggrieved by the refusal to transfer the permit under section 82, or
(d) aggrieved by the refusal of the State or a Regional Transport Authority to
countersign a permit, or by any condition attached to such counter
signature, or
(e) aggrieved by the refusal of renewal of a permit, or
(f) aggrieved by the refusal to grant permission under section 83, or
(g) aggrieved by any other order which may be prescribed, may, within the
prescribed time and in the prescribed manner, appeal to the State Transport
Appellate Tribunal constituted under sub-section (2), who shall, after giving
such person and the original authority an opportunity of being heard,
give a decision thereon which shall be final.
1 [(2) The State Government shall constitute such number of Transport Appellate
Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is
not below the rank of a District Judge or who is qualified to be a Judge of the High
Court and it shall exercise jurisdiction within such area as may be notified by that
government.]
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every
appeal pending at the commencement of this Act, shall continue to be proceeded with
and disposed of as if this Act had not been passed.
Explanation: For the removal of doubts, it is hereby declared that when any order
is made by the State Transport Authority or the Regional Transport Authority in
pursuance of a direction issued by the Inter-State Transport Commission under clause
(c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939, as it stood
immediately before the commencement of this Act, and any person feels aggrieved by
such order on the ground that it is not in consonance with such direction he may appeal
under sub-section (1) to the State Transport Appellate Tribunal against such order but
not against the direction so issued.

1 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.