Page 93 - The Motor Vehicles Act, 1988

SECTION 91 THE MOTOR VEHICLES ACT, 1988 79

COMMENT
Section 89(1)(a) makes it clear that appeal lies against the refusal of grant of permit not
against the grant of permit.—Parihar Transport Company v. State of M.P. 2010 (86) AIC 653
(Madhya Pradesh H.C.)
90. Revision
The State Transport Appellate Tribunal may, on an application made to it, call for
the records of any case in which an order has been made by a State Transport Authority
or Regional Transport Authority against which no appeal lies, and if it appears to the
State Transport Appellate Tribunal that the order made by the State Transport Authority
or Regional Transport Authority is improper or illegal, the State Transport Appellate
Tribunal may pass such order in relation to the case as it deems fit and every such order
shall be final:
PROVIDED that the State Transport Appellate Tribunal shall not entertain any
application from a person aggrieved by an order of a State Transport Authority or
Regional Transport Authority, unless the application is made within thirty days from
the date of the order:
PROVIDED FURTHER that the State Transport Appellate Tribunal may entertain
the application after the expiry of the said period of thirty days, if it is satisfied that the
applicant was prevented by good and sufficient cause from making the application in
time:
PROVIDED ALSO that the State Transport Appellate Tribunal shall not pass an
order under this section prejudicial to any person without giving him a reasonable
opportunity of being heard.
COMMENT

The existing operator cannot claim any legal right to file representation of right for hearing at
the stage of the grant of permit on his route. Absence of legal right to file representation or to be
heard may be relevant consideration for determining as to whether existing operator can be treated
to be an aggrieved person for the purpose of filing revision under s. 30 of the Act against the order
of the RTA granting permit. But this is not an exclusive test for determination of the locus standi
of an operator to file a revision.—Surendra Rao v. Regional Transport Authority AIR 1992 All 211
91. Restriction of hours of work of drivers
1 [(1) The hours of work of any person engaged for operating a transport vehicle
shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).]
(2) A State Government may, by notification in the Official Gazette, grant such
exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of
emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by
rules made under section 96, the State or a Regional Transport Authority may require
persons employing any person whose work is subject to any of the provisions of sub-
section (1) to fix beforehand the hours of work of such person so as to conform to those
provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside
the hours fixed or recorded for the work of such person under sub-section (3).
1 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.