CIRCULARS ON PERMIT 

01

04

19.12.1987

Issue of Temporary Permit not less than 250 KMs per day in respect of Stage Carriages

Instances have come to notice that temporary permits are being issued from the State Transport Authority / Regional Transport Authorities for routes and trips the total distance of which are very less, sometimes 30 to 40 Kms only. In some instances permits have been issued for such routes for only a single trip daily. One single trip daily for such small routes can never be economic to the passenger vehicles resulting in their unauthorized plying more trips clandestinely, resulting in avoidable loss of revenue to the GOVT.

 

2.                To prevent such contingencies, you have been intimated times and again and   this is being reiterated again ,that no permit ,permanent or temporary, should be issued for routes and trips which together do not give to the vehicle operator a run of less than 250 Kms per day so that the vehicle runs profitably and also pays motor vehicle tax either at the maximum slab or at least at the second slab of the rate of taxation prescribed at clause 4 (a) of the schedule attached to the Orissa Motor Vehicles Taxation Amendment Act 1986.

3.         Any deviation from this will construe willful negligence in issuing permits, causing loss to Government.                                        

02

14

29.10.1988

Composition of Offences-Issuance and Disposal of Vehicle Check Report.

Guide  lines have been issued from time to time regarding Issuance of Vehicle Check Reports while detecting motor vehicles committing offences under the Motor Vehicles Act and Rules, Orissa Motor Vehicles Taxation Act and Rules as also various other enactments. Composition of certain offences under the Motor Vehicles Act have been provided U/S-127-B of the said Act and in the State Government Notification No-LC-I-A-56/84. 10999/T dated 27.06.84 issued from the Commerce And Transport (Transport) Department, certain officers have been authorized for such composition of offences and minimum amount for such compounding of offences have also been specified. It has however come to our notice that through full compounding fees U/S-127-B of the M.V. Act 1939 are to be realized from the detected vehicles, part compounding fees are very often realised from the errant vehicles on the spot and they are asked to deposit the balance compounding fees / fines / penalties in the Regional Transport Office within whose jurisdiction the offence has been detected, on the basis of the Vehicle Check Report. While part compounding fees may have to be sometimes realized, due to exigencies on the spot, it has to be borne in mind by the authorized checking officers that the relevant provisions of the Motor Vehicle Act authorize them to realize the full compounding fees, subject to the prescribed in the above-cited Notification . The amount of compounding fees realizable as per Motor Vehicles Act have been summarized and already circulated in this office Circular No-3/1987 dated 24.7.87. The authorized Checking Officers should therefore ensure realization of full compounding fees in each case of detection and if the offenders decline or are unable to pay the composition fees prescribed prosecutions should be filed against them in the proper Court of Law and / or proceeding may be drawn up against them for cancellation or suspension of the permit U/S-60 of the Act or the registration U/S-33 of the Act as the case may be before the competent authorities under the Act simultaneously . In the alternative they should be asked to deposit the balance compounding fees in the office of the concerned Regional Transport Officer within whose jurisdiction the offence has been detected and the quantum of part compounding fee realized should also be mentioned in the Vehicle Check Report along with other particulars.                      

2.               The State Government have also appointed Taxing Officers under the Motor Vehicles Taxation Act 1975 in the Commerce And Transport (Transport) Department Notification No - 13868-TLC-97/75/T  dated 30.09.75 as amended from time to time. This provides that the Taxing Officer of any one Region shall also have jurisdiction in respect of all motor vehicles including vehicles of other States plying in this State, untaxed or under taxed , in case of detection , Under this authorization the Regional Transport Officer of any region should take necessary action under the Orissa Motor Vehicles Taxation Act in respect of such vehicles detected plying untaxed or under taxed , within his region , irrespective of whether or not he is the original Taxing Officer in respect of the said vehicles. 

3.                   It has been held in various case laws that realization of Composition fees U/S-127-B of the M.V. Act by the       authorized officers or criminal prosecution started by them under Section-112 or 123 of the Act against any Owner of the motor vehicle does not debar the authorities to take Administrative Action U/S-433/34 of the M.V. Act (Cancellation or Suspension of Registration) and U/S-60 of the M.V. Act  (Cancellation or Suspension of Permit) as it does not amount to double jeopardy . Following these judgments, the delegated officers in the Regional Transport Authorities / State Transport Authority disposing of Vehicle Check Report are required to take administrative action on these Vehicle Check Report U/S-60 of the M.V. Act for suspension or cancellation of the permit if they are the permit granting authority and for suspension of the registration of the vehicle U/S-33 of the M.V. Act if they are the registering authority. After therefore realizing the balance compounding fees and / or the unpaid motor vehicle taxes if any, in the region where the vehicle is detected as per the Vehicle Check Report, the Vehicle Check Report may be sent to the concerned Permit-Granting Authority / Registering Authority to take action U/S 60 / U/S-33 of the Motor Vehicles Act. 

4.      It is however noticed that even in those cases where the Check Reports have thus been sent, the delegated officers are prone to take action under Section-60(3) of the M.V. Act , instead of taking action under Section60(1) or 33(1) of the M.V. Act for suspension of the permit or the registration . More stringent action against the offending vehicles which would act as a deterrent is required Section-33(1) of the M. V. Act provides for suspension of the registration of vehicles found plying without valid permit for hire or reward. Stringent action U/S-60 (1) is also necessary for serious offences and these should be placed before the S.T.A / R.T.As wherever necessary for considering the cancellation of the permit, especially in cases of repeated offences. 

5.        In some cases it is found that Vehicle Check Reports submitted by the Checking Officer do not contain the full     name and address of the Owners and this results in avoidable delay to find out these particulars for serving notices. The officers issuing Vehicle Check Reports should therefore give the full addresses of the Owners of the vehicles as far as practicable. The nature of the offence committed should also be mentioned succinctly by them in the Vehicle Check Reports and Supplementary documents duly attested and witnessed should be attached to these so that particulars of violation of law can be clearly established. In case of offences committed under the Orissa Motor Vehicles Taxation Act the Checking Officers shall issue the FORM-I as per Rule-21 of the Orissa Motor Vehicles Taxation Rules along with the Vehicle Check Report if the vehicles are seized U/S-17(2) of the Orissa Motor Vehicles Taxation Act .

03

19

04.03.1989

Approval of new routs through State Transport Authority / Regional    Transport Authority in Board meetings.

It has come our notice that occasionally routs are opened at the request of various public organizations as also interested traveling public but these sometimes overlap for a considerable distance with the existing routs and as a consequence after the viability of the existing  operators . Some of these routs may have been started for temporary reasons but these are sometimes renewed from time to time without getting the routs formally approved by the State Transport Authority / Regional Transport Authority . Instructions have also been issued on 06.02.89 to the authorities that before opening of the new routs these should invariably be got approved from the State Transport Authority / Regional Transport Authorities . A State level Co-ordination Committee  has been set up by the State Government in Commerce And Transport Department in resolution No-RT-IS-74/85-11162/T , DT-16.8.85 as slightly modified in Resolution No-RT-IS-74/85-16733/T , dt-11.12.1985 with the representatives of the State Transport Authority as also of the O.S.R.T.C and O.R.T.Co as members . Where State Level Co-ordination Committee meeting are held in between the S.T.A/R.T.A meeting the proposed new routs may also be placed before the State Level Co-ordination Committee meetings to that the responses from the State Transport Undertakings who might have got some portions of the proposed routs Nationalised under their approved schemes can also be obtained in time. This procedure for opening of new routs only with the specific approval of the S.T.A/R/T/A should be strictly followed.

04

48

25.06.1993

Carriage of Mail Bags in the private as well as O.S.R.T.C Buses.

The Department of posts depends largely on the State Transport Corporation and Private Buses for transporting posts from one place of the State to the other in the Country. There are thousands of posts Offices in the rural areas and the Department of Posts are using the bus services between district Headquarters to Taluk Headquarters and from there to village post offices to deliver the postal services to the people in those areas. Postal Services bring people closer and keep up continuous flow of communication. The efficiency of the posts depends to a large extent of timely transportation of mail bags.

In this context, it is pointed out that carriage of mails in buses is a statutory obligation on the OSRTC as provided U/s. 21 of the Road Transport Corporation Act,1958 and the permit granting authorities are competent to attach a condition in the permit, making it obligatory for the privations U/s.72 (2) (xvi) of M.V. Act, 1988. Accordingly almost all R.T. As  will as S.T.A. has attached condition with the State Carriage permit for carriage of mail bags at such rate as may be fixed by Govt. from time to time.           

Thus the duties to carry mails are cast upon state carriage both in public and private sector. Therefore the carriage of mails, is an essential public service and it is therefore necessary to ensure  that OSRTC or private operators do not refuse to carry mails in their buses.

Despite above statutory provision, it has been brought to the notice of Govt. that the bus drivers and conductors of the Pvt. State carriage so also buses of State Transport Corporation are declining to transport the posts on some plea or other. Thus there is no full co-operation with postal authority in the matter of carriage of postal mail bags on their buses which has caused disruption of essential public service.

In order to stream-line the transportation of postal mail through Road Transport it is necessary to extend all possible co-operation and assistance by public and private sector passenger transport failing which the transport administration would constrain to take penal action by cancellation/suspension of permit for violation of permit condition.

 

05

S-04

04.01.1992

Grant of Permit to Motor Cabs / Maxi Cabs 

I am directed to say that the State Transport Authority ,Orissa in its 189th meeting held on 10.12.1991 ( Item No-14 ) has been pleased to delegated its powers in favour of the Chairman, R.T.As  to grant/refuse to grant all Orissa and Inter-district contract carriage permits to the motor cabs and maxi cabs and to attach to the said permits / conditions under relevant sections of the Act . An extract of the said resolution dt-10.12.1991 ( Item No-14 ) of the State Transport Authority is enclosed . 

2.         This delegation does not however include grant of Tourist permits which are issued U/S – 88(9) of O.M.V. T. Act 1988 subject to the O.M.V. Rules 1988 . While considering grant of permanent permit to All Orissa / Inter-district contract carriages the relevant sections of the Act & Rules it should be kept in view so that the statutory provisions are not violated . Subject to these provisions Chairman, R. T. As may also grant temporary permits in respect of such transport vehicles .

 3.                S.T.A would like to impress upon the Chairman, R.T.As that conditions stipulated under Rule-65  ( c ) of Orissa Motor Vehicles Rules 1940 ( now in vogue ) need not be insisted upon while granting All Orissa / Inter –district contract carriage permits to motor cabs and maxi cabs . The said rule provides that R.T.A may attach to a conditions permit for stage carriage / contract carriage of that the vehicle shall not be more than 10 years old from its date of registration. However it is not binding upon the R.T.A to necessarily impose this condition while granting contract carriage permit to a motor cab or maxi cab which includes Trekker, Matdor and similar other vehicles upto maximum seating capacity of 12 persons . It is because quite a number of such vehicles are now plying unauthorisedly as contract carriage and many of them 10 years old from the date of their registration. It has been ascertained that even if they intend to avail the permit , yet they do not apply for the permit with the impression that their vehicles would not qualify for the permit as these are 10 years old . S.T.A is of the view that sp long Mechanical Fitness of these vehicles is duly checked and Fitness Certificate issued by the prescribed Authority, Chairman, R.T.As should not have any objection to grant permit ( Contract Carriage ) to such motor cabs or maxi cabs and such permits may be temporary in nature . 

  1.  The above delegation and clarification have been issued to all Chairman , R.T.As with sold intention that the intending applicants for contract carriage permits ( either temporary or permanent ) for motor cabs and maxi cabs for inter-district / All Orissa would not be required to come to headquarters at Cuttack all the way from different parts of the State instead they would be able to get the permit at the district headquarters as the power is now delegated to the Chairman, R.T.A . Therefore it is impressed upon the Chairman , R.T.As that they should quickly dispose off such applications permits su7bject to fulfillment of their conditions like up-to-date tax clearance , up-to-date fitness certificate , Insurance certificates ,Registration certificate etc . They need not insist upon imposing the condition for 10 years life of such vehicles for issue of such permits . 

06

S-06

09.01.1992

Grant of concession of 25% in Composite Fees for Multi-Axle Vehicle covered by National Permits

It has been brought to the notice of the Hon’ble Union Minister for Surface Transport by the President of All India Motor Transport Congress that all through as per decision of the meeting of Transport Ministers of all the states held on 16.04.1986 , the rates of composite fee in respect of Multi-Axle vehicles plying under National permits was decided to be 25% less than the composite fee of conventional two Axle vehicles, differential of composite fee ( i.e. the composite fee payable for conversational two axle vehicle minus the composite fee paid ) with penality are being demanded in Orissa in respect of such vehicles .

2.         In this connection ,I invite your attention to the Notification of Government of Orissa , Commerce & Transport ( Transport ) Departiment No-LC-II-Gen-37/86-15925/T ,dt-3.11.1986 ( copy enclosed ) ,wherein our State Government have notified the rate of composite fee on Multi-Axle vehicles at 25% less than that applicable for conventional two axle vehicles . In view of this ,No Differential Composite Fee Should Be Demanded / collected from such plying under National Permit in this State if they have paid 25% less . All the Enforcement Officers under your control may be instructed accordingly . 

3.       Incidentally, you are also requested to please intimate By Return Of Post if differential composite as mention above has ever been demanded / collected by any of your checking officers.

4.                But this concession of 25% will not apply to Multi Axle Goods Carriages which do not avail of National Permit.

07

S-12

23.09.1992

Insisting on permit and fitness for plying of O.S.R.T.C buses issue of Fitness and Temporary Permit in respect of O.S.R.T.C Vehicles in spite of arrear outstanding against them .

It has come to the notice of this Authority that many of the O.S.R.T.C (which has taken over O.R.T.Co ) buses are operating carrying passengers even if the same have no permit , nor the fitness certificate . The plea of the D.T.M.s is invariably that the due to arrear / non-payment of current tax under un-avoidable circumstances , the R.T.O.s / M. V. I.s are refusing it issue permit / fitness since plying of these stage carriages without permit or fitness or without both , is a gross violation of statutory provisions, these vehicles have to be brought under the discipline of lawful plying .

2.         So after careful consideration it has been decided that payment of arrear tax outstanding   against the O.S.R.T.C relating to these particular stage carriage need not to be insisted upon instantly when they apply for temporary permit paying appropriate fees .The fitness certificate will be issued by the M.V.I. on his inspection of the vehicle to the effect that the vehicle is in fit condition to ply even if these arrears of tax dues and penalty are outstanding . The temporary permits will be issued by the competent authority observing the prescribed formalities without insisting upon clearance of arrear . But for permanent permits , either for fresh issue or for renewal , the clearance of arrear tax in respect of the particular vehicle shall have to be insisted upon as a pre-requisite . Individual permits whether temporary or permanent have to be applied for and issued for each of the vehicles separately .

3.                   The D.T.Ms should be informed and asked to apply for fitness / permit as the case may be, in time to avoid penal action. The violation of these conditions will be treated as offences committed by the particular driver / D.T.M in charge of the vehicle and penal action will followed Enforcement Staff should be directed to check and seize the stage carriage of the O.S.R.T.C plying without permit / fitness certificate and other statutory documents.

4.                 Please acknowledge the receipt of this instruction supplement .

08

S-14(B)

08.02.1995

Grant of Special Permit U/S-88 (8) of M.V.Act 1988 

Under instruction Supplement No. 14 (Letter No-70, dt- 02.01.93) as also in Letter No-23761, dt-26.1.92 it was communicated that the no Special Permit would be granted to a vehicle unless the same is covered by a Primary Permit  ( Permanent Permit ) granted U/S-72 i.e. Stage Carriage permit or U/S-74 i.e. Contract Carriage permit or U/S-88 ( 9 ) i.e. Tourist Permit. However the provisions of the section-88 (8) of the Motor Vehicles Act 1988 has since been amended ( w.e.f. 14.11.94 ) and it is provided there under that a special permit may be issued to any Public Service vehicle including any vehicle covered by a permit issued under Section-72 (including a reserve Stage Carriage) or under Section-74 or under Sub-Section-(9) of Section-88 of the Act. Hence under these amended provisions a special permit can be issued now to a public service vehicle which is not covered by a Primary Permit ( Permanent Permit ) by R.T.A. as contained in this office Letter No-70, dt 2.1.93.

I am desired to inform you that instructions circulated to you vide this office letter No-507, dt-11.1.93 on grant of inter-regional permits will continue as before with the R.T.As, but no Special Permit on Inter State routs shall however be issued by R.T.As and it will continue to be issued by S.T.A only.

09

S-19

24.08.1993

Enhancement of Composite Tax on National Permit Goods Carriages entering into Orissa from other Sates from Rs. 1500/- to Rs. 5000/- with effect from 1st September 1993 . Collection of differential amount from these vehicles for the month of September 1993 and onwards.

It has been decided in the meeting of the Transport Council held on 18.8.93 at New Delhi to enhance the Composite Fee (Tax) on National Permits Goods Carriage from Rs. 1500/- to Rs. 5000/- per year per vehicles  with effect from 1st September 1993. This was for compensating the loss of revenue on account of abolition of toll which has also been decided in the meeting to be given effect from 1st Sept 93.

2.        Goods Carriage having National Permits are authorized to ply in other Sate(s) for a period not exceeding one year at a time . They are required usually to pay the entire amount of composite fee ( tax ) at a time in shape of Bank Draft . However they have option to pay the composite fee on two installments . the practice so far followed is that authorization of installments  paying vehicles is given for the period from April to September and then from October to March . As such a vehicle authorized  to ply in Orissa by the other State might have paid first installment covering up-to September 1993 or for the entire year till March 1994 . Since the composite tax is being enhanced with effect from September 1993 such vehicle will pay differential amount of composite tax with affect from differential amount of composite tax with effect from 1st September 1993 . If a vehicle has paid has composite tax covering upto September 1993   it has to pay differential amount for one month for September 1993 which is calculated to be Rs. 292/-     ( per month ) . Similarly differential amount is to be collected for the subsequent periods covered under authorization at the same rate i.e. Rs. 292/- multiplied by the number of months in other words:

      a.                  A vehicle having authorization up to 30.9.93 will have to pay Rs. 292/-

b.                  A vehicle having authorization up to 31.9.94 will have to pay differential amount of Rs. 292*7 =Rs 2044/-                                                                                                                    

In the like manner differential composite fee is to be collected at the rate of  Rs.292/- per month commencing from September 1993 up to the period of authorization of Orissa State .

3.         It will not be very much possible to effect like enforcement through of the other States who have issued the National Permits for these periods . Hence enforcement has to be implemented at the border check gates when these vehicles enter into our State and if they escape there form then at any other place inside the State when detected.

4.         The personnel at the check gate or other officers detecting non-payment of the differential amounts shall have to collect i.e. with effect from 1st September 1993 . 

5.         The personal in charge of the check gates while scrutinizing the National Permit of Goods Carriage with other particulars must verify the period of authorization from Orissa and the amount of Composite Fee ( Tax ) recorded to have been paid in this regard.  If the permit shows authenticated payment at the rate of Rs.5000/- per year per vehicle and no differential amount i.e. found to be payable the vehicle will deserve clearance for entering in to the State of Orissa, otherwise the differential amount has to be collected from the vehicle at the above rate and the receipt No. & amount collected so should endorsed against the State of Orissa in the authorization given in Form-47.

 6.       Since toll is being abolished with effect from 1st September 1993 it is not necessary to maintain the subsidiary Register and other particulars of toll paying  vehicles at the check gates. Instead of it a register shall be maintained showing the collection of differential amount with particulars of Receipt No & the name of the issuing authority must also be mentioned in the register. This register is very important because necessary checks have to be made on account of any verification .

7.        While discontinuing mention of toll amount in Part-B of the monthly return the R.T.Os will furnish differential Composite Fee ( Tax ) collected in the above process from the National Permits Goods Carriage.

 

10

S-24

11.12.1993

Realisation of penalty for late payment of M.V.Tax / Addl. Tax (known as composite tax) for National Permit Goods Carriages of other States operating in the State of Orissa.

It has come to the notice of this Authority that penalty from the National Permit Goods Carriages of other States passing through the Checkgates is not being collected for late payment of tax/Addl. Tax (known as composite tax) payable to the State of Orissa under the principal of operation of National Permit. Non collection of penalty in these cases will not only cause loss of revenue but also encourage the National Permit holders to delay payment of composite tax for Orissa.

It is therefore directed that penalty at the rate of Rs.100/- for delay per month should be collected alongwith the composite tax when such vehicles pass through the checkgates/operate in the State without prior payment of the said tax in their respective States in shape of Bank Drafts drawn in favour of Secretary, S.T.A., Orissa. This should be meticulously followed. Penalty at this rates should also be collected from the vehicles from which the penalty has not been collected previously while permitting them to operate in Orissa / Pass through checkgates. This can be ensured when the defaulting vehicles next pass through any of the checkgates. The delay be computed with effect from 01.12.1993