CHAPTER IV

CONTROL OF TRANSPORT VEHICLES

 

38.  State Transport Authority:

(1)   The State Transport Authority shall consist of such person not being more than four besides the Chairman, as may be appointed by the State Government by the notification in the Official Gazette. The State Government  shall specify therein the Chairman and appointed the Secretary of the said authority:

Provided that the State Government where it considers necessary may by notification in the Official Gazette, appoint an Executive Officer of the said Authority and assign the duties to be performed and functions to be discharged by him.

(2)   The Chairman, if unable to attend a meeting shall nominate a member to act as    Chairman at the meeting.

(3)   The Chairman or the member acting as Chairman being nominated under sub-rule (2). Shall have a second or casting vote.

(4)   The State Transport Authority shall meet at such times and at such places as the Chairman may appoint provided the authority shall meet not less than once in every three months.

(5)   Notice of meeting of the State Transport Authority shall be dispatched by the Secretary to each member not less than ten days before the meeting.

(6)   The Chairman or the member nominated under sub-rule (2) to act as Chairman, as the case may be, and two members shall constitute the quorum for the meetings of the State Transport Authority.

(7)   The State Government may, if it considers necessary to do so, the State Transport Authority Constituted under sub-rule (1) at any time and may constitute another Authority in its Place.

(8)   Subject to the provisions of sub-rule (7), every non-Official member of the State Transport Authority Shall hold office for a period of three years on and form the date on which his appointment is notified in the Official Gazette or until the date on which the appointment of his successor is notified, whichever is later:

             Provided that if during the period specified in this sub-rule the State Government reconstitutes the State Transport Authority, the term of office of the members of the authority shall expiry on the date immediately preceding the date on which the reconstitution of the said authority takes effect.

(9)   Member of the state Transport Authority shall receive traveling and halting allowances in accordance with the rules of the State Government which apply to Official and non- official members of the Committees constituted by the State Government, respectively.

(10) When a member of the Authority dies or is removed from under sub-rule (11) or vacates his office, the State Government may appoint another member by notification in the Official Gazette in his place for the unexpired period of the terms of the vacating member.

        (11)The State Government may notwithstanding sub-rule (8), at any time after giving any member of the Transport Authority an opportunity of being heard, remove him form office for

                                         I.    Failure to attend three consecutive meetings of the authority, or

                                       II.    being incapable of discharging his duties as a member on account of any physical or mental disability; or

                                      III.    misconduct in the discharge of his duties; or

                                   IV.    any other cause deemed sufficient by the State Government.

 

39.  Regions and Regional Transport Authorities:

(1) The regions for purposes of Section 68, shall be sixteen in number and shall comprise the areas as set forth in the Second Schedule to these rules;

            Provided that the State Government may, by the notification in the Official Gazette, increase the number of the regions and define the area of their jurisdiction.

(2)The Regional Transport Authority shall consist of such members not being more than two besides the Chairman as may be appointed by the State government by notification. The State Government shall specify therein the Chairman and appoint the Secretary of the said Authority:

               Provided that the State Government where it considers necessary may, notification in the Official Gazette, appoint an Executive Officer of the said authority and assign him the duties and functions as will be necessary for implementing the provisions of this chapter.

(3)   The Chairman, if unable to attend any meeting of the Regional Transport Authority, shall nominate a member to act as Chairman at the meeting

(4)   The number of members whose presence will constitute a quorum shall be two including the Chairman.

(5)   The State Government may, if it considers necessary to do so, dissolve any Regional Transport Authority Constituted under sub-rule (2) at any time and may constitute another authority in its place.

(6)   A member of the Regional Transport Authority shall receive traveling and halting allowances in accordance with the rules of the State Government which apply to official and non-official members of committees constituted by the State Government respectively.

(7)    The Regional Transport Authority shall meet at such times and at such places as the Chairman may appoint provided the authority shall meet not less than once in every two months.

(8)    Subject to the provisions of sub-rule (5), every non-official member of the Regional Transport Authority shall hold office for a period of three years on and from the date on which is appointment is notified in the Official Gazette or until a later date on which the appointment of his successor is notified:

        Provided that if the State Government reconstitutes the Regional Transport Authority, the term of office of the members of the Authority shall expire on the date immediately preceding the date from which the reconstitution of the said authority takes effect.

(9)      When a member of the authority dies or is removed under sub-rule (10) or other wise vacates his office, the State Government may appoint another member by notification in the Official Gazette in his place for the unexpired period of the term of vacating member.

(10)      The State Government may, at any time after giving an opportunity of being heard, remove any member of the authority from office for

                                      I.      failure to attend three consecutive meeting of the authority;

                                     II.      being incapable of discharging his duties as a member on account of any physical or mental disability, or

                                   III.      misconduct in the discharge of his official duties; or

                                 IV.      any other cause deemed sufficient for such removal by the State Government.

 

40.  Conduct of Business of Transport Authority:

(1)   The Secretary appointed under these rules by the State Government shall perform such duties and exercise such powers as specified in these rules:

             Provided that the State Government may, if it considers necessary in the public interest, appoint more than one secretary and an Executive Officer for any area of the rejoin for which the Transport Authority is constituted.

(2)   When there is no meeting of the Transport Authority Procedure of circulation may be followed to take a decision in any concerned matter and in that case the Secretary shall send to each members of the Transport Authority such particulars of the mater as may be reasonably necessary in order to enable the members to arrive at a decision and shall specify the date by which the votes of members to be received in the office of the Transport Authority, Upon receipt of the votes of the members as aforesaid, the Secretary shall lay the papers before the Chairman who shall record the decision by endorsement, on the form of application or other document, as the case may be according to the votes received and the vote or vote cast by the Chairman. The record of the votes cast shall be kept by the Secretary and shall not be available for inspection by any person save by a member of the Transport Authority at a regularly constituted meeting of Transport Authority. No decision shall be taken by circulation if, before the date by which the votes of members are required to reach the office of the Transport Authority, not less than one-third of the members of the Transport Authority by notice in writing to the Secretary demand that the matter be discussed in a meeting of the Transport Authority.

(3)   The number of votes, excluding the chairman’s second or casting vote, necessary for a decision to be taken upon procedure by circulation shall not be less than the number necessary to constitute a quorum.

(4)   The State or the Regional Transport Authority, as the case may be, may require any applicant for a permit to appear before it or before the officer authorised by it by a resolution and may not refuse the application for the permit until the applicant has been given a reasonable opportunity of being heard in the matter.

(5)   Nothing contained in this rule shall prevent a State or a Regional Transport Authority from deciding. By following the procedure by circulation, any mater which has been considered at a meeting or has been the subject of a hearing and upon which a decision has been reserved.

(6)   Where a mater is decided by vote of members present at a meeting of a State or a Regional Transport Authority no person other than a member of the Transport Authority shall be entitled to be [resent and no record of voting shall be kept save of the number of votes cast on either side:

            Provided that when any matter is decided by exercise of the second or casting vote of the Chairman or the Presiding Officer, the fact shall be recorded.

 

41.  Delegation of powers by the State Transport Authority:

(1)      The State Transport Authority may, by general or special resolution recorded in its Proceedings, delegate:

(a) to its Chairman or Secretary.

                                I.      its powers under Section 72, Section74, Section 76, Section 79, sub-section (9) of section 88 and sub-section (12) of section 88, respectively to grant with or without modification or the application or to refuse to grant a stage carriage permit, a contract carriage permit; a private service vehicle permit, a goods carriage permit, a tourist vehicle permit and a national permit; and to attach conditions to such permit and to very such conditions;

                              II.      its powers to grant a permit to a private motor vehicle adapted to carry more than nine person s excluding the driver;

                             III.      its powers under sub-section (1) and sub-section (2) of section 87 to grant a temporary permit provided such powers may also be delegated to the Additional Secretary or Assistant Secretary or Additional Assistant Secretary posted at the checkgate;

                          IV.      to exercise the powers of the Regional Transport Authority in the circumstances specified in sub-section (3) of section 68, which may be delegated under rule 42 to its Chairman or Secretary or any other officer to the condition specified in the said rule;

(b) to its Chairman or Secretary or any other officer not being below the rank of Assistant Secretary-

(i) its powers to approve time table of stage carriage permit;

(ii) its powers under sub-section (2) of section 81 to renew or to refuse to renew all kinds of permit other than a temporary permit or a special permit:

(iii) its powers under sub-section (1) and sub-section (2) of section 87 to grant a temporary permit provided that such powers may also be delegated to the Additional Secretary or Assistant Secretary or Additional Assistant Secretary posted at the checkgate;

(iv) its powers under sub-section (8) of section 88 to grant a special permit;

(v) its powers under section 83 to permit replacement of the vehicle by another;

(vi) its power under sub-section (1) and sub-section (3) of section 82 to transfer or to refuse to transfer a permit from one person to another;

(vii) its power to renew or refuse to renew countersignature of all kinds of permit ;

(viii) its power to issue a duplicate permit;

(ix)  its powers to issue permit to the State Transport undertaking under sub- section (1) of section 103 or to any person under the proviso to section 104 in respect of a notified route or a notified area;

(x) its powers to pass order as contemplated by sub-section (2) of section 103 for the purpose of giving effect to the approved scheme in respect of a notified route or notified area;

(xi) its powers under sub-section (1) of section 86 and sub-section (4) of section 88 to suspend a permit or a countersignature of permit and to recover from the permit holder the sum of money agreed upon in accordance with sub-section (5) of section 86:

Provided that while passing the order to recover form a permit holder the sum of money agreed upon in accordance with sub-section (5) of the section 86, the person authorised shall specify there in the compounding money payable by the permit holder in case he agrees for composition, the date by which the permit holder is to intimate acceptance of composition and the date by which the composition money shall be remitted and receipt produced; and in determining the sum of money to be recovered in lieu of suspension of permits shall have regard to the nature, gravity and frequency of the offence committed, the quantum of punishment that would otherwise have been imposed and the earning capacity of the vehicle with reference to the nature of the road and passenger capacity in the case of stage carriage, daily mileage of the vehicle and hire charges, if any, in respect of other class of transport vehicles:

        Provided further that the amount so recoverable in lieu of suspension of permits shall in no case be less than the amount specified the government by notification under section 200 for composition of the office.

(2)      Notwithstanding any delegation made in favour of the Secretary or any other officer in pursuance of sub-rule (1).

(i) The Chairman may call for any record relating to such matter, powers for disposal whereof has been delegated to the Secretary or any other officer, and dispose of the matter;

(ii) subject to the orders of the Chairman under clause (i.e.if any, Secretary may also exercise similar powers in the relation to such matter, power for disposal whereof has been delegated to any other officer subordinate to him;

(iii) any other officer subordinate to the Secretary may refer any matter, powers  disposal whereof has been delegated to him, to the Secretary for disposal; and

(iv) the Secretary may refer, any such matter either referred to him for disposal by    any other officer subordinate to him under clause (iii) or any other matter which are to be disposed of by him under the delegation made in pursuance of sub-rule (1) to the Chairman for disposal;

(3)      The State Transport Authority, may for the prompt and convenient dispatch of its business, by a general or special resolution, delegate to its Chairman, its powers to give effect to any direction issued under section 67 by the State Government and to exercise and discharge the powers by and functions provided in sub-sections (3) and (4) of section 68.

(4)      Notwithstanding anything contained in sub-rules (1) and (2), the State Transport Authority may give general instructions as to the manner in which the delegates shall exercise the powers delegated to them.

(5)      The Secretary of the State Transport Authority shall place before the Authority a Statement of the actions taken by the various officers to whom powers have been delegated in pursuance of such delegation in the next meeting.

42.  Delegation of powers by the Regional Transport Authority:

     The Regional Transport Authority may, by general or special resolution recorded in its proceeding delegated to its Chairman or Secretary all or any of its following powers namely:

            (i) Powers under sections 72,74, 76 and 79 respectively to grant with or without modification of the application or to refuse to grant stage carriage permit, a contract carriage permit, a private service vehicle permit and a goods carriage permit, and to attach condition to such permit and a very such conditions;

(ii) Powers to grant a permit to a private motor vehicle adapted to carry more than nine persons excluding the driver;

(iii) Powers to approve time table for stage carriage permits;

(iv) Powers under sub-section (2) of section 81 to renew or to refuse to renew all kinds of permit other than a temporary permit or a special permit ;

(v) Powers under sub-section (1) and sub-section (2) of section 87 to grant a temporary permit;

(vi) Powers under sub-section (8) of section 88 to grant a special permit;

(vii) Powers under sub-section 83 to permit replacement of the vehicle by another;

(viii)Powers under sub-section (1) and sub-section (3) of section 82 to transfer or refuse to transfer a permit from one person to another

(ix) Powers to issue a duplicate permit;

(x) Powers to issue permit to the State Transport Undertaking Under section (1) of section 103 or to any person under the proviso to section 104 in respect of a notified route or notified area;

(xi) Powers to pass orders as contemplated by sub-section (2) of section 103 for the purpose of giving effect to the approved scheme in respect of a notified route or notified area;

(xii) Powers under sub-section (1) of section 86 to suspend a permit and to recover from the permit holder the sum of money agreed upon in accordance with sub-section (5) of section 86;

                Provided that while passing the order to recover from a permit holder the sum of money agreed upon in accordance with sub-section (5) of section 86, the person authorised shall follow the same producer and recover such amount as specified in the provision to sub-clause (xi) of clause (b) of sub-rule (1) of rule 41.

(2)       The Secretary, Regional Transport Authority shall keep informed the Regional Transport authority from time to time of the action taken in pursuance of the powers delegated.

(3)       Notwithstanding any thing contained in this rule, a Regional Transport Authority may, from time to time, issue instructions to the Chairman/Secretary, Regional Transport Authority as to the manner in which he shall exercise the powers delegated to him.

43. Disposal of application for permits:

(1)   Upon receipt of an application for grant, renewal or otherwise a permit, the Secretary           of the State or Regional Transport authority or any other officer authorised in this behalf by the Chairman shall examine whether the powers to deal therewith has been delegated to the Chairman or Secretary or any other officer and shall forward the same to him for disposal if it has been so delegated.

(2)   Where the application referred to in sub-rule (1) is required to be disposed of by the State or Regional Transport authority itself, the Secretary or such other officer authorised under sub-rule (2) shall scrutinize the same and call for such further particulars and/or make such inquiries as he may consider necessary and shall, subject to any general directions of the State Regional Transport Authority Place the same before the Chairman to decide whether the application shall be disposed of by the circulation procedure or at the next meeting of the Transport Authority

(3)   Such application shall be ordinarily disposed of within a maximum period of three months of receipt thereof.

(4)   In cases where the disposal of any matter relates to a contract carriage or stage carriage permit in respect of more than one region, such disposal shall be made by the State Transport Authority:

              Provided that the State Transport Authority may delegated its powers to a Regional Transport Authority or to its Chairman to dispose of a matter relating to a contract carriage permit in respect of a motor cab valid in more than one region.

(5)   The disposal of an application in relation to a national permit shall be made by the State Transport Authority.

44. Provisions as to Motor Vehicles adapted to carry more than nine persons excluding the Driver:

The Provisions of sub-section (1) of section 66 shall, subject to the provision of dub-section (3) thereof apply to all motor vehicles adapted to carry more than nine persons excluding the driver.

45. Forms of application for permit:

(1)     Every application for a permit in respect of any transport vehicle shall be in one of the following forms, namely:

(a)  in respect of a stage carriage in Form-XV;

(b)  in respect of a contract carriage in Form-XVI;

(c)   in respect of a goods carriage in Form-XVII;

(d)  in respect of a temporary permit in Form-XVIII;

(e)  in respect of a private service vehicles in Form-XIX

(f)     in respect of a motor vehicle adapted to carry more than nine persons not used for hire or reward in Form-XX;

(g)  in respect of goods carriage Under National Permit Scheme in Form 48 prescribed    under rule86 of the Central Motor Vehicles Rule, 1989.

(h)   in respect of special permit under sub-section (8) of section 88 in form XXI.

(2)         The application shall be addressed to the Secretary, State Transport Authority or the Secretary, Regional Transport Authority, as the case may be accompanied with receipt in support of deposit of the fees prescribed in rule 48:

    Provided that in case of bordering checkgate the application should be accompanied with a receipt showing the payment of the required fee and submitted to the Officer-in-charge of the said checkgate.

46.   Forms of Permits:

(1)   The Permit shall be issued in respective forms specified below namely:

(i)           in respect of a stage carriage in Form-XXII;

(ii)         in respect of a contract carriage I Form-XXIII;

(iii)       in respect of a goods carriage in Form-XXIV;

(iv)        in respect of a private service vehicle in Form-XXV.

(v)          in respect of a temporary permit in Form-XXVI;

(vi)       in respect of a motor vehicle adapted to carry more than nine persons not used for hire or reward in Form-XXVII;

(vii)      in respect of a goods carriage under National Permit Scheme in Form-XXVIII;

(viii)    in respect of special permit under sub-section (8) of section 88 in Form-XXIX.

(ix)        In respect of a tourist permit under sub-section (4) of section 88 in Form-XXX.

(2)   The alphabetical symbols for different Regional Transport Authorities as specified in the sixth Schedule shall be leveled o the permit.

(3)   Serial numbers in different alphabetic series shall be printed on the permit for different Regional Transport Authorities.

(4)   Form shall be printed distinguishably in different colours for temporary permits and permanent permits for the State Transport Authority as well as Regional Transport Authorities in duplicate bearing serial numbers out of which the original will be issued to the applicant and the duplicate retained in the office.

(5)   Every permit issued or countersigned shall be sealed and signed by the concerned officer of the Transport Authority.

47.  Area of Validity of the permit and Extension thereof:

(1)   Subject to the provision of section 88, a Regional Transport Authority which issues a permit (hereinafter referred to as the Original Transport Authority) may extend the effect of the permit to any other region within the State and may attach conditions to the permit with effect to such other region and may very the conditions of the permit in different regions:

             Provided that subject to the provisions of the following sub-rules, the vehicles    to which the permit refers are normally kept within the region of the Original Transport Authority.

(2)   The Original Transport Authority may issue permit having validity in any other region in accordance with any general or special resolution recorded by any other Regional Transport Authority and any permit so issued shall be of life effect in the region of the other Transport Authority as if it were issued by that Authority.

(3)   Subject to the provisions of sub-rule (2) the Original Transport Authority may issue a contract carriage permit to be operative in another region or regions if it attaches a condition to the permit to the effect that the vehicle or vehicles shall only be issued beyond the region of the Original Transport Authority under contract for a return journey commencing and ending within the Original Transport Authority and shall not be offered for hire outside the region.

(4)    The Original Transport authority which issue  a permit to be operative in any other region shall send a copy of the permit to the authority or that other region.

(5)   Nothing in this rule shall affect the right of the holder of any permit to apply to Any Regional Transport Authority for countersignature of a permit.

(6)   Every application for the grant of a permit under sub-section (9) of section88 in respect of a tourist vehicle and for the authorisation for such tourist permit shall be made to the State Transport Authority in forms 45 and 46 prescribed under rules 82 and 83, respectively of the Central Motor Vehicles Rules, 1989 Accompanied by the fees as prescribed in rule 83 of the said rules.

(7)   On receipt of an application under sub-rule (6), the State Transport Authority shall follow the same procedure in considering the application as for grant of a Contract Carriage Permit under the Act and these rules and may grant the permit in the prescribed form.

(8)   Where a Permit is granted under sub-rule (7), the State Transport Authority shall forward to every other State Transport Authority information relating to:

(i)   the number of the permit and the registration mark and other particulars of the vehicle necessary for the purpose of its identification ;

(ii)  the suspension or cancellation, if any, of the permit; and;

(iii)  the grant of say, if any where on appeal or revision stay has been granted and when the appeal or revision is finally decided, such decision;

(9)   Every application for the grant of a national permit in respect of a goods carriage shall be made to the State Transport Authority in form accompanied by the fee as prescribed in rule 86 and 87 of Central Motor Vehicle Rules, 1989.

(10) On receipt of an application under sub-rule (9), the State Transport Authority shall follow the same procedure in considering the application as for the grant of a goods carriage permit under the Act and these rules and may grant the permit in the prescribed form.

48.  Fees:

(1)      The fees in respect of application for grant, renewal, extension, countersignature or   transfer o permit shall be as follows, namely;

(i)

For a goods carriage permit;

Rupees forty

(ii)

For a private service, vehicle permit;

Rupees forty

(iii)

For a private service, vehicle permit;

Rupees forty

(iv)

For a contract carriage permit (other than motor cab)

Rupees forty

(v)

For a goods carriage under National Permit Scheme;

Rupees forty

(vi)

For any other Permit and for countersignature of a permit

Rupees forty

        

(2)      The fees in respect of grant, renewal, extension, countersignature or transfer of a permit shall be as follows, namely:

(i)

For a goods carriage permit per annum or any part thereof.                                  

Rupees one hundred per    vehicle.

(ii)

For a stage carriage permit per annum or any part thereof.

Rupees one hundred per vehicle.

 

(iii)

For a contract carriage permit other than motor cab.

Rupees one hundred and fifty per vehicle per annum or any part thereof.

(iv)

For any other permit

Rupees fifty per vehicle per annum or any part thereof

(v)

Surcharge for permit for covering more than one region

Rupees fifty per vehicle for a permit.

(vi)

For a temporary permit:

(a) if valid for one region

 

 

(b) if valid for more than one region

 

Rupees thirty for first week or part thereof and rupees twenty-five for every subsequent week or part thereof.

Rupees sixty for the first week or part thereof and rupees fifty for every subsequent week or part thereof.

(vii)

For replacement of a vehicle covered by a permit by another.

Rupees Fifty one hundred

(viii)

For Transfer of a permit of a contract carriage other than motor cab.

(a) stage carriage

(b) contract carriage

(c) goods carriage

(d) for motor cab

Rupees five hundred

 

Twenty five thousand

Five thousand

Five thousand

Rupees one thousand

(ix)

For transfer of any other permit

Rupees one hundred

(x)

Countersignature of permanent permit

(a) Goods carriage permit

 

(b) Stage carriage permit and contract permit other than a motor cab

(c) Any other permit.

 

 

Rupees two hundred per annum per vehicle

Rupees three hundred per annum per vehicle

 

Rupees fifty one thousand per annum per vehicle.

(xi)

Countersignature of temporary permit

Rupees one hundred and fifty per vehicle.

(xii)

Counter signature of temporary permit

Rupees two thousand per vehicle

(xiii)

Fee for Curtailment/ Extension/ Variation to any route in respect of stage carriage permit

Rupees five thousand

(xiv)

Fee for variation of area in respect of goods Carriage permit for operation in neighboring States under reciprocal transport agreement.  

In addition to fee payable under clause (2) (i) rupees five thousand.

(xv)

(a) Fee for change of route (excluding permit fee).

(b) Fee for change of timing

Rupees five thousand

 

Rupees  three thousand

(xvi)

Fee to measure distance of any route by transport authority to be paid by permit holder or applicant.

Rupees five per Kilometer.

(xvii)

Process fees with every application/objection field

Rupees one hundred.

 

49. Refund of permit fees:

 Where the regional Transport Authority refuses to grant or renew a permit, the fee for grant or renewal of permit, if any paid, shall be refunded if the fee is paid in cash, a refund voucher shall be issued.

50.  Issue of duplicate permits in case of loss or destruction of original:

(1)         When part A or part B of any permit has been loss or destroyed, the holder shall forthwith intimate the fact in an application to the Authority by which the permit was issued and shall deposit the prescribed fee for the issue of a duplicate and in the case of the loss or destruction of Part B, he shall forward also Part A of the permit. The name of the Police Station where the loss is reported is to be specified in this application and it shall also be accompanied by an affidavit indicating the manner of loss or destruction.

(2)         The Authority shall, upon receipt of application under sub-rule (1) and on being satisfied regarding the genuineness of the loss or destruction of the original, issue a duplicate permit or part of permit, as the case may be, and to the extent that it is able to verify the facts may endorse thereon countersignature of other authority and intimate the fact to that authority.

(3)         A duplicate permit or duplicate part of permit issued under this rule shall be clearly stamped “Duplicate” in red ink and the endorsement of any countersignature of any other Transport Authority on a permit or a part of permit made under this rule shall be valid in the region of that other authority as if it were a countersignature.

(4)         When a permit or a part of permit has become mutilated so as in the opinion of the Transport Authority to be illegible, the holder thereof shall surrender the permit or part of the permit, as the case may be, to the Transport Authority and apply for the issue of a duplicate permit or part of a permit in accordance with this rule.

(5)         The fees for the issue of a duplicate permit or a duplicate part of a permit shall be the same as permit fee prescribed under rule 48.

(6)         Any permit or part of a permit which is found by any person other than the permit holder shall be delivered to the nearest police station or to the holder or to the Transport Authority by which it was issued and if the holder finds or receives any part of the permit in respect of which a duplicate has been issued, he shall return the original to the Transport Authority, by which it was issued

(7)         The Officer-in-charge of the police station after receiving the permit or any part of the permit or any part of the permit form any person, shall forward the same to the Transport Authority by which it was issued.

51.  Procedure on Cancellation, Revocation or Expiry of permits:

(1)   The holder of a permit may at any time surrender the permit to the State Transport Authority or Regional Transport Authority by which it was granted and the State Transport Authority or Regional Transport Authority shall forthwith cancel any permit so surrendered.

(2)   When a State Transport Authority or Regional Transport Authority revokes or cancels any permit:

(i)     the holder shall surrender parts A and B of the permit within seven days of receipt of a demand in writing by the State Transport Authority or Regional Transport Authority, as the case may be; and

(ii)   the authority cancelling or revoking the permit shall send intimation to the authority by which the permit has been countersigned.

(3)   Within fourteen days of the expiry of any permit by the efflux of time, the holder shall deliver Part A and Part B or Part B to the State Transport Authority or Regional Transport Authority by which it was issued and the State Transport Authority or Regional Transport Authority receiving any such permit shall intimate the fact to the Authorities by which it was countersigned.

52. Renewal of permits:

(1)    Application for the renewal of a permit shall be made in writing to the State/ Regional Transport Authority by which the permit was issued with in the time specified in sub-section (2) of section 81 and shall be accompanied by Part A of the permit and the fees prescribed in rule 48:

Provided that the State/Regional Transport Authority may entertain an application for renewal of the permit made after the time referred to above as per the enabling provisions of sub-section (3) of section 81.

(2)    On receipt of the application, the State/Regional Transport Authority may call for such further particulars or documents as it may consider to be necessary.

(3)    The State/ Regional Transport Authority renewing a permit shall call upon the holder to produce Part A thereof, and shall endorse Parts A and B accordingly and shall return them to the holder.

53.  Renewal of Countersignature of Permits:

(1)   An application for the renewal of a countersignature of a permit shall be made in writing to the State/ Regional Transport Authority concerned within the appropriate period specified in sub-section (2) of section 81 of and shall, subject to the provisions of sub-rule (2) be accompanied by part A of the permit. An application for renewal of countersignature of a permit issued under the Reciprocal Agreement may however be made after the permit is renewed.

(2)   If at the time of application for renewal of a countersignature of a permit, Part A of the permit is not available being under renewal by the authority by which it was issued, the application shall state the number and date of the permit the name of the authority by which it was granted, the number and date of the countersignature to be renewed.

(3)   The Transport Authority granting, the renewal of a countersignature shall call upon the holder to produce Parts A and B of the permit and shall endorse the Part A and B accordingly the return them to the holder.

54. Grant of goods carriage permit by the Regional Transport Authority for two or more regions without the countersignature:

The Regional Transport Authority of any one region may subject to the provisions of section 88 grant a goods carriage permit to be valid in any other region within the State without the countersignature of the Regional Transport Authority of the other region or each of the other regions concerned and shall, as soon as possible, send intimation relating to the issue of such permit to the other region or regions concerned.

55. National permit issued by other Transport Authority:

The national permit issued by the Transport Authority in any State/Union Territory to a goods vehicle shall be deemed as a permit issued by the State Transport Authority, Orissa and shall be valid in the State without countersignature.

56. Limitation of capacity of stage carriage and contract carriage:

The State Government may, by notification in the Official Gazette, on the recommendation of Regional Transport Authority specify the areas within which no stage carriage or contract carriage shall be used having seating accommodation for more than twenty-five passengers and no permit shall authorise then use within such areas of any such stage carriage or contract carriage.

57. Conditions as to carriage of goods in a stage or contract carriage:

(1)   No goods shall be carried on the top deck of a double decked stage carriage or contract carriage.

(2)   No goods, liable to foul the interior of the Vehicle or to tender it in sanitary, shall be carried at any time in any stage carriage or contract carriage.

(3)   The State Transport Authority or Regional Transport Authority may specify in any permit the goods which shall not be carried in a stage carriage or a contract carriage or the conditions subject to which certain classes of goods may be so carried.

(4)   Subject to the provisions of the preceding sub-rules, goods may be carried in a stage carriage or a contract carriage in accordance with the conditions specified in the permit, provided that the obligation of the holder to carry passengers in accordance with the terms of the permit is discharged.

(5)   If the holder of a stage carriage or contract carriage permit uses a vehicle for the carriage of goods to the detriment of the public convenience by falling there by to meet the demand for passenger transport, State Transport Authority or Regional Transport Authority may, after giving the holder of such permit an opportunity of being heard, declare that a branch of the condition of the permit has occurred and any thereafter proceed under the provisions of section 86.

(6)   When goods are carried in stage carriage in addition to passengers the goods shall be of such nature and shall be so packed and secured on the vehicle that no danger, inconvenience or discomfort is caused to any passenger. Such number of seats as may be specified in the permit shall be kept free and unimpeded for the use of passengers and access to the entrance to and exits from the vehicle required under Chapter V of these rules shall be unobstructed.

(7)   The weight in Kilograms of goods carried on a stage carriage shall not exceed (N-X) X 68 in relation to a single decked stage carriage or to the lower deck of a double decked stage carriage.    

NOTE: N is the registered passenger seating capacity of the vehicle and X is the number of passengers carried on the vehicles or the number of the passenger for whom seats are kept free and unimpeded by goods, whichever is greater.

58.  Condition as to carriage of personal luggage and mail in a stage or contract carriage:

(1)    The State Transport Authority or Regional Transport Authority shall have power to make regulations regulating the weight of luggage and goods which may be carried in any stage carriage or contract carriage generally or in any specified area.

(2)    The State Transport Authority or Regional Transport Authority may attach to a stage carriage permit, the condition that the carriage in the respect of which the permit is granted shall carry mails at such rates as may be fixed by the Government from time to time.

59. Fixation of freight and fares of a stage carriage:

(1) Subject to the direction, if any, issued by the State Government under clause (i) of sub-section (1) of section 67 or by the State Transport Authority under sub-section (4) of section 68, the State Transport Authority or Regional Transport Authority may attach to a stage carriage permit the condition that the stage carriage in respect of which permit is granted shall carry passenger at such fares as the said authority may, after giving the holder of the permit an opportunity to make representations and after taking into consideration the matters specified fix hereunder, in that behalf from time to time, namely:   

(i) the condition of roads on which the stage carriage piles;

(ii) the density of traffic on the routs;

(iii) the cost of operation of the stage carriage; and

(iv) other matter affecting the interest of the public generally.

(2) The State Transport Authority or Regional Transport Authority may attach to a stage carriage permit the condition that not more than a specified number of passenger shall be carried on such stage carriage at any point of time

(3)    Any holder of a permit contravening the conditions provided in sub-rule (2) of rule58 and sub-rules (1) and (2) of this rule shall, in addition to any other penalty to which he maybe subject under any law for the time being in force, be liable to cancellation of his permit or revocation there of a specified period by the State Transport Authority or Regional Transport Authority provided that that no such permit shall be cancelled unless an opportunity has been given to the holder to submit his explanation.

60. Condition as to list of passenger:

(1)     The owner or operator of every contract carriage other than taxi cabs and auto-rickshaws shall maintain a list of passengers traveling in Form XXXI in respect of each trip and such list shall be produced before the officers of the Orissa Motor Vehicles Department on demand or before any other officer authorised by Government for the purpose.

(2)     The owner/operator of every contract carriage other than motor cabs and auto-rickshaws shall furnish a list of passengers as provided in sub-rule (1) at the Police station of the area form which the vehicle starts or at the first police station on the way to its destination.

(3)     It shall be condition of every permit of a motor cab or an auto rickshaw that the vehicle shall not be driven in a public place except by the permit holder or licensed driver duly authorised by the permit holder in writing and that such writing shall be carried by the driver when driving and produced on demand by any police officer or officer of the Orissa Motor Vehicles Department or any other officer autorised by the Government.

61. Procedure for disposal of articles left by passenger:

The driver of a public service vehicle or conductor of a stage carriage shall at the end of any journey make search in the vehicle for anything left by any passengers and shall take into his custody if anything so found and upon the first opportunity make over the same to a responsible person at office or station of the holder of the permit for the vehicle or to an officer at a police station and shall likewise take into his custody and dispose of anything so found by any other person in the manner indicated below, namely.          

     (i)  The responsible person at any office or station of the holder of the permit of the vehicle shall keep these articles lying with him for a period of one month and if during that period nobody comes to claim them, the property shall be deposited at the nearest police station as unclaimed property.

(ii) if during a period of one month the claimant of the article appear, than after verification of the claim, the articles may be disbursed to him by the responsible person at any office or station of the holder of the permit of the vehicle.

(iii) In case of perishable articles so found in public service vehicles, these articles will be sold as quickly as possible by the aforesaid responsible officer and the sale proceeds shall be held in deposit at the office or the station of the holder of the permit of the vehicle for a period of one month. If no claimant turns up during this period, the amount will be deposited in the treasury.

62. Restrictions upon the traveling of persons suffering from infectious or contagious disease:

(1)   No driver or the conductor, as the case may be, of a public service vehicle shall cause or allow to enter into or to be placed or carried in the vehicle any person, Whom he knows or has reason to believe to be suffering from any infectious or contagious disease or the corpse of any person, whom he knows or has reason to believe to have been suffering from any such disease.

(2)   Notwithstanding the provisions of sub-rule (1), the driver or the conductor as the case may be, may upon certificate in writing by a Registered Medical Practitioner, allow a person suffering from an infectious or contagious disease to be carried in a public service vehicle.

(3)   When a person suffering from an infectious or contagious disease or the corpse of any such person has been carried in a public service vehicle, the driver or the conductor of the vehicle, as the case may be shall be responsible that the fact is reported to a Medical Officer Of Health and to the owner of the vehicle and neither the owner nor the driver shall cause to allow any person to use the vehicle until the driver and the conductor and the vehicle have been disinfected in such manner as the said Medical Officer may specify and a certificate to this effect has been obtained from the said Medical Officer.

63. Stands and halting places:

(1)   The Regional Transport Authority, by notification in the Official Gazette, or by the erection of traffic signs which are permitted for the purpose under sub-section (1) of section 116 both, may in respect of taking up or setting down of passengers, or both by public service vehicles or by any specified class of public service vehicles.

(i)  Conditionally or unconditionally prohibit the use of any specified nature or class, or

(ii) require that within the limits of any Municipality, notified area or cantonment or such other limits as may be specified in the notification, certain specified stands or halting places only shall be so used;

     Provided that no place which is privately owned shall be so notified except with the previous consent in writing of the owner there of.

(2)   When a place has been notified or has been demarcated by traffic sign or both as being a stand or halting place for the purpose of this rule, then notwithstanding that the lend is in possession of any person , the place shall, subject to the provision of these rules, be deemed to be a public place within the meaning of the Act and the Regional Transport Authority nay enter into an agreement with or grant a licence to any person for the provision or maintenance of such place including the provision or maintenance of the buildings of the works necessary there, subject to the termination of the agreement or licence forthwith upon the breach of any condition thereof and may otherwise make rules or give directions for the conduct of such place including rules or directions:

(i)  Prescribing the fees to be paid by the owners of public service vehicles using the  place and providing for the receipt and disposal of such fees;

(ii) Specifying the public service vehicle or the class of public service vehicles which shall use the place or which shall not use the place;

(iii) appointing a person to be the manager of the place and specifying the powers and duties of the manager;

(iv) requiring the owner of the land or the local authority, as the case may be, to erect such shelters, lavatories and latrines and to execute such other works as  may be specified in the rules or in the direction and to maintain the same in a serviceable, clean and sanitary condition; and

(v) Prohibiting the use of such place by specified persons or by persons other than specified persons.

(3)   Nothing in sub-rule (2) shall require any person owning the land, which has been appointed as a stand or halting place, to undertake any work or incur any expenditure in connection therewith without his consent and in the event of any such person declining to carry out such work or to incur such expenditure or falling to comply with any rule or direction made or given to him under this rule, the competent authority may prohibited the use of such a place for the purposes of this rule.

64. Permit holder Change of Address of:

(1)   If the holder of a permit ceases to reside or to have his place of business as the case may be at the address set forth in the permit, he shall within one month send Part A of the permit to the Transport Authority by which the permit was issued intimating the new address.

(2)   Upon receipt at intimation under sub-rule (1), the Regional Transport Authority or the State Transport Authority, as the case may be shall after making such enquiries as the Authority deems fit enter in the permit the new address and shall intimate the particulars to the Authority any region in which the permit is valid by virtue of countersignature or otherwise.

65. Inspection of Transport vehicles and their contents;

(1)   Any Magistrate or any officer to the Motor Vehicles Department not below the rank of traffic Sub-Inspector and Junior Inspector of Motor Vehicles or any Police Officer in uniform not below the rank of Sub-Inspector may, at any time when the vehicle is in a public place call upon the driver of a transport vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable him to make reasonable examination of the content of the vehicle or its documents.

(2)   Notwithstanding the provisions of sub-rule (1), the Police Officer or Officer of the Motor Vehicles Department shall not be entitled to examine the contents of any goods vehicle unless:

(i) the permit in respect of the vehicle contains a provision or condition in respect of the goods which may or which may not be carried on the vehicle, or

(ii) the Police Officer or officer of the Motor Vehicles Department has reason to suppose that the vehicle is being used in contravention of the provisions of the Act and the rules made thereunder.

(3)   Any Police Officer in uniform or any officer of the Vigilance Police in plain clothes possessing identity card or any officer of the Motor Vehicles Department may at any time when the vehicle is in a public place call upon the driver of a public service vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable such officer to make reasonable examination of the number of passengers and other contents of the vehicle so as to satisfy himself that the provisions of the Act and the rules made thereunder and the provisions and conditions of the permit in respect of the vehicle are being complied with.

(4)   Any Junior Inspector of Motor Vehicles or Joint Commissioner. Transport (Technical, shall be entitled at all reasonable time to stop and inspect any transport vehicle and also check Registration Certificate permit licence and any other documents connected with the vehicle in any public place within his jurisdiction.

(5)   The Secretary and the Executive Officer and any other officer of the State Transport Authority may at call reasonable time stop and inspect any transport vehicle in any public place.

66. Record to be maintained:

(1)    The Regional Transport Authority may by general or special order require the owner of any transport vehicle to maintain records and submit returns in respect of the vehicles in such form as the authority may specify and such records and returns shall inter-alia include particulars of the daily use of the vehicle in respect of the following namely:

(i) the name and licence number of the driver and conductor and other attendants, if any:

(ii)  the rout upon which or the area within which the vehicle was used:

(iii) the number of Kilometers traveled :

(iv) the time of commencement and termination of a journey and any halt on a journey when the driver obtained rest:

(v) the weight of goods carried between specified place and the nature on the goods, and 

(vi) in the case of goods carried in a stage carriage, the number of trips and the meter  age when goods were carried solely and when goods were carried in addition to passengers and in that case the number of seats available for passengers.

(2)    No owner or other person shall cause or allow any person to drive a transport vehicle unless the owner or other person has in his possession a record in writing of the name and address of the driver as set forth in his driving licence, the number of the licence and the name of the authority by which it was issued.

67. Carriage of Animals in goods carriage:

(1)   No cattle shall be carried in a goods carriage in any public place unless, 

(a)  in the case of goats, sheep, deer or pig

 (i)  a minimum floors space of 0.2 square meter per head of such cattle is provided in the vehicle,

 (ii)   proper arrangements for drainage are made on each floor, and

 (iii) if carried in a double decked goods carriage, the upper deck flooring is covered with metal sheets with a minimum height of 7.62 centimeters raised on all four sides so as to prevent the animal waste matter such as urine, litter, etc. falling on the animals on the lower deck,

 (iv)   proper arrangement for drainage are made on each floor, and

  (v)  wooden battens are provided on each floor to prevent slipping of hoofs of the animals; and

(b) in the case of any other cattle

(i)  a minimum floor space of (2m X 1m) per head of cattle and half such floor space for a young one cattle which weaned is provided in the vehicle,

(ii) the load body of the vehicle is constructed of strong wooden planks or of iron sheet with a minimum height of 1.5 meters measured from the floor of the vehicle on all sides and the back and a roof constructed of some light materials is provided on the load body at a suitable height so as to allow free movement to the tallest animal that is carried and supported with posts firmly fixed to the floor of the vehicle,

(iii) floor battens are provided to prevent slipping of hoofs,

(iv) every projection likely to cause suffering to an animal is removed; and

(v)     the cattle are properly secured by ropes tied to the sides of the vehicle.

Explanation- “Cattle” for the purpose of this sub-rule includes Goat, Sheep, Buffalo, Bull, Ox, Cow, Deer, Horse, Pony, Mule, Ass, Pig, or the young ones thereof.

(2)   No animal belonging to or intended for a circus, manager or Zoo shall be carried in a goods carriage in a public place unless.

(i) in the case of a wild or ferocious animal, a suitable cage either separate from or     integral with the load body of the vehicle used of sufficient strength to contain the animal securely at all times is provided; and

(ii) reasonable floor space for each animal is provided in the vehicle

(3)   No goods carriage when carrying any cattle under sub-rule (1) or (2) shall be driven at a speed in excess of 24 Kilometers per hour.

68. Exemption of fees:

The State Government may by notification exempt any person or class of persons from payment of all or any portion of the fees payable under these rules.

69. Carriage of persons other than the Driver in Goods Carriages:

(1)        Save in the case of a stage carriage in which goods are being carried in addition to passengers, no person shall be carried in goods vehicle other than a bona fide employees of the owner or the hirer of the vehicle and except in accordance with this rule.

(2)        No person shall be carried in the cab of a goods carriage beyond the number for which there is sitting accommodation at the rate of the forty-five centimeters measured along the seat excluding the space reserved for the driver for each person and not more than six person in addition to the driver shall be carried in any goods carriage.

(3)        No person shall be carried upon the goods or otherwise in such a manner that such person is in danger of falling from the vehicle and in no case shall any person be carried in a goods carriage in such manner that any part of the person, when he is in a sitting position, is at a height exceeding 3 meters from the surface upon which the vehicle rests.

(4)        Notwithstanding the provision of sub-rule (2), the Regional Transport Authority may as a condition of the permit granted for any goods carriage specify the conditions subject to which a larger number of persons may be carried in the vehicle provided such number shall not exceed the area in square decimeters of the floor of the vehicle divided by sixty-five.

(5)        Nothing contained in this rule shall be deemed to authorise the carriage of any person for hire or reward on any such vehicle.

70. Notwithstanding anything contained in rule69, the State Government may, in special case, allow a goods vehicle to carry such number of persons not exceeding the number reckoned by dividing the floor area of the vehicle in square decimeters by forty-six.

71. Badges and uniforms to be worn by the driver of a Transport Vehicle:

(1)   The driver of public service vehicle or of a goods carriage shall display on his left side of the chest a metal badge in the form illustrated in the Third Schedule to these rules issued by and inscribed with the name of the authority by which an authorisation to drive a public service vehicle or to drive a transport vehicle without the special authorisation to drive a public service vehicle, as the case may be, has been granted and the word “driver” together with an identification number.

(2)   Driver of a transport vehicle shall not hold more than one such badge issued by an Authority in the State.

(3)   The fee for the issue of a badge as aforesaid shall be fifteen rupees. If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which it was issued on payment of twenty rupees and upon the return to the issuing authority of a badge or a duplicate badge the driver shall be entitled to a refund of eight rupees.

(4)   If at any time authorisation on a driver’s licence entitling him to drive a transport vehicle is suspended revoked by any authority or by any court or cases to be valid by the efflux of time, the driver shall within seven days surrender the badge to the authority by which it was issued.

(5)   The driver of a public service vehicle while on duty shall display on his right side of the chest of the uniform worn by him a plate in while plastic of size 8 centimeters X 2.5 centimeters inscribed with his name in bold black letters of size 0.5 centimeters in English and Oriya one below the other respectively. The cost of the nameplate shall be borne by the driver himself.

(6)   The driver of a public service vehicle shall wear a Khaki uniform consisting of long trousers and a bush shirt or cost having two pockets and a pair of shoes.

(7)   No driver shall lend or transfer the badge prescribed in these rules to any other person.

(8)   Any person finding a driver’s badge shall, unless he returns the same to a person whom he knows to be the holder, forthwith surrender it to the authority by which it was issued or to a Police officer.             

 

72. Stage Carriage to carry conductor:

No Stage Carriage with a seating capacity of more than nine shall be used in a public place unless it carries in a addition to the driver or a conductor:

Provided that in respect of a stage carriage the Authority who granted the permit under sub-section (1) of section 72 or last renewed it under sub-section (2) of section 81 may allow such carriage to be used in a public place without carrying a conductor subject to the conditions that tickets or issued to the passengers thereof before the start of the journey and any other conditions as he may deem fit to impose.

73. Variation of permit or condition thereof:

(1)   Upon application made in writing by the holder of any permit or the permit granting Authority suo-motu may at any time, in its discretion very the permit or any of the conditions thereof subject to the provision of the following sub-rules.

(2)   Where any application has been made by any person in connection with grant of stage carriage permit or goods carriage permit under sub-section (1) of section 71 or section 78, the permit granting Authority shall be not subsequent to the issue of the permit very the permit or any condition therein in a manner prejudicial to any person by whom such application has been made unless the authority has afforded such person a reasonable opportunity of making an objection or suggestion in respect of the proposed variation of the permit or any condition thereof.

(3)   Notwithstanding the provisions of sub-rule (2) a Regional Transport Authority may very any stage carriage permit or any goods carriage permit without affording any person an opportunity of making a representation of in the opinion of the Regional Transport Authority, the representation made by such person in respect of the issue or of the renewal of the permit was frivolous or vexatious or if the variation of the permit or any condition thereof is in accordance with any particular of general direction issued by the State Transport Authority under sub-section (4) of section 68 or involves a question of principal which has already been decided by a ruling of the Regional Transport Authority or of the State Transport Authority and which has not been modified upon appeal.

(4)   Tax and Additional tax under the Orissa Motor Vehicles Taxation Act, 1975 shall be regularly paid in respect of the vehicle in order to operate under the permit.

(5)   In a public service vehicle except in a motor cab or tourist vehicle, no audio-visual appliance shall be used save with prior approval of the Commissioner or of any other officer authorised by him.

74. Production of permit:

(1)    Part A of a permit shall be produced on demand made at any reasonable time by any Police Officer not below the rank of Sub-Inspector or any officer of the Motor Vehicles Department not below the rank of Traffic Sub-Inspector.

(2)    Any Police Officer in Uniform or any officer of the Motor Vehicle Department shall be, permitted on demand, to inspect Part B of the permit of any transport vehicle.

75. Schedule of timings and trips:

(1)   The Transport Authority may, from time to time:

(i)  by a general order prescribe a schedule of timings for stage carriage running on specified routes; or

(ii) by a special order prescribe a schedule of timings for each stage carriages.

(2)   When schedule of timings has been prescribed under sub-rule (1), every stage carriage on such rout shall run in accordance with it except:

(i) when prevented by accident or other unavoidable cause; or

(ii) when otherwise authorised in writing by the authority granting the permit.

(3)   If at any time a stage carriage is prevented from running in accordance with the Schedule prescribed or where no schedule is prescribed is prevented from performing the service for which a permit has been granted, the holder of the permit shall forthwith report the reason thereof to the authority which granted the permit.

(4)   The holder of the permit shall be responsible and punishable for any breach of sub-rule (2) in addition to any other person who may be responsible for such breach.

(5)   If the holder of a stage carriage permit purposes to withdraw the service which the vehicle covered by the permit is providing before the expiry of the permit, he shall unless prevented by unavoidable circumstance give at least one month’s notice of his intention to the Transport Authority which issued the permit and shall surrender the permit on the date from which the service is withdrawn. Upon receipt of the notice, the transport authority shall paste a copy of the notice on Notice Board situated in the premises of the authority.

(6)   The Transport Authority may, by general order, direct that every stage carriage shall stop at such stations on its route as the Transport Authority may prescribe and thereupon the conductor of every stage carriage shall correctly enter in the register in Form XXXII kept at each station, the particulars specified therein.

(7)   The driver or conductor of every public service vehicle shall maintain trip sheets serially numbered in a bound book in Form XXXIII or Form XXXIV, as the case may be, in English or in one of regional languages of the State.

(8)   Trip sheets shall               

(i)  be carried by the conductor or, in case there is no conductor, by the driver, whenever the vehicle is in use;

(ii)  be duly filled up from time to time as occasion arises by the conductor or, in case there is no conductor, by the driver, and

(iii) be open to inspection by any Police Officer not below the rank of Sub-Inspector or any officer of the Motor Vehicles Department not below the rank of Traffic Sub-Inspector.

(9)   Every holder of a permit shall in respect of every public service vehicle specified in the permit maintain in English or in Oriya a trip register in Form XXXV in bound book of which the pages are serially numbered. The trop register shall be pasted daily from the trip sheets maintained under sub-rule (7) and be at all times open to inspection by any Police Officer not below the rank of Sub-Inspector or officer of Motor Vehicle Department not below the rank of Traffic Sub-Inspector or any Magistrate.

(10) The destination to which the stage carriage is proceeding or is about to proceed shall be clearly started in English and Oriya on boards at conspicuous place on the front and rear of the vehicle.

 76.   Intimation of damage or failure of public service vehicles:

The permit holder of any stage carriage or any contract carriage by reference to the registration number of such vehicles shall, within seven days of the occurrence, report in writing to the Transport Authority by which the permit was issued any failure of or damage to, such vehicle or to any part thereof of such a nature as to render the vehicle unfit for use in accordance with the conditions of the permit for a period exceeding thirty days.

77. Goods carriage record:

(1)   Every driver of a good carriage shall keep every holder of a goods carriage permit shall cause to be kept in the vehicle, in English or Oriya language a record in Form XXXVI which shall mention in respect of each day, on which the driver was employed in driving all informations prescribed in the form.

(2)   Each items of information, required by such form shall be entered in the record soon after the journey in question is completed and the work is over.

(3)   The record is such form shall be carried by the driver till he has completed his journey, and shall while in his custody, be open for inspection by any person, authorised to stop and inspect a goods carriage. The driver shall deliver the record to the holder of the permit of the goods carriage within seven days of expiry of the period to which the record relates.

(4)   The permit holder shall preserve the record in such form for two years after expiry of the period to which it relates and shall produce it for inspection at any time within that period on demand by the Secretary of the Regional or State Transport Authority, Joint Commissioner, Transport (Technical) or Inspector or Junior Inspector of Motor Vehicles or by a Police Officer not below the rank of Sub-Inspector or other officer of Motor Vehicles Department not below the rank of Traffic Sub-Inspector.

(5)   The permit holder shall send in duplicate copies of the goods Carriage, Record for each month to the concerned Regional Transport Officer before the tenth day of the succeeding month.

78. Duties of driver of a public service vehicle:

The driver of a public service vehicle shall:

(i)                 as far as may be reasonably possible having regard to his duties, be responsible  for the observance of the provisions of the Act, and rules made thereunder;

(ii)               not smoke while on duty;

(iii)             behave in a civil and orderly manner to passengers and intending passengers;

(iv)             be dressed cleanly and in the manner in which the Regional Transport Authority  may specify;

(v)               maintain the vehicle in a clean and sanitary condition;

(vi)             not solicit custom save in a civil and quiet manner;

(vii)           not interfere with persons mounting or preparing to mount upon any other vehicle;

(viii)         not allow any person to be carried in any public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional numbers permitted under the terms of the permits to be carried standing in the vehicles;

(ix)             save for good and sufficient reason, not refuse to carry any person tendering the legal fare;

(x)               Where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods;

(xi)             save for good and sufficient reason, not require any person who has paid the legal fare to alight from the vehicle before the conclusion of the Journey;

(xii)           not loiter or unduly delay upon any Journey bur shall proceed to his destination as nearly as may in accordance with the timetable, pertaining to the vehicle and where there is no such timetable, with all reasonable dispatch;

(xiii)         in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver or the conductor, arrange to convey the passengers to their destination in some other similar vehicle, or if unable so to arrange within a period of half an hour after the failure of the vehicle, shall on demand refund to each passenger the proportion of the fare relating to the completion of the Journey for which the passenger has paid the fare;

(xiv)          in the case of a stage carriage not cause or allow anything to be placed in such a manner as to obstruct the entry or exit of passengers;

(xv)            not permit the public service vehicle to be used for an illegal or immoral purpose;

(xvi)          not permit any petrol to be poured into the tank while the engine is in motion;

(xvii)        not cause or allow any person, animal or thing to the placed or to be in the space reserved for the driver’s seat in accordance with rule 112 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;

(xviii)      not shout in order to attract a passenger;

(xix)           

(xx)            subject to any rule or regulation in force, prohibiting the taking up or setting down of passengers at, or except at certain places, bring the vehicle to rest for a period of sufficient time in a safe and convenient position upon the demand or signal of the conductor or any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger

(xxi)          When bringing his vehicle to rest for the purpose of taking up or setting down of passengers at or near the place where another public service vehicle is at rest for the same purpose, not drive the vehicle so as to endanger, inconvenience or interfere with the driver or conductor of the other vehicle or any person mounting or preparing to mount thereon or alighting there from, and shall bring his vehicle to rest in front or behind the other vehicle and on the left hand side of the road or place; and

(xxii)        at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when any break, tyre, tube or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is not sufficient petrol in the tank of the vehicle to enable him to reach the next petrol filling station on the route.       

 

  79. Conduct of passengers in Stage Carriage:

(1)    Save in the case of pass-holders every passenger shall demand and keep in his/ her possession a ticket for the fare paid.

(2)    A passenger in a Stage Carriage shall not

(i)                 behave in a disorderly manner, or

(ii)               behave in a manner likely to cause annoyance to any female passenger, or

(iii)             use abusive language, or

(iv)              molest any other passenger, or

(v)                spit inside the carriage, or

(vi)              obstruct the conductor or the driver in the execution of his duties, or

(vii)            interfere with the working of the vehicle , or

(viii)          refuse to alight from the vehicle on being asked to do so by the conductor or any other authorised person if, hr is reasonably suspected to be suffering from any contagious or infectious disease, or

(ix)              commit or abet any offence under the Act; or

(x)                try to alight from the vehicle without paying the legal fare; or

(xi)              smoke where a notice prohibiting smoking is exhibited or the vehicle is being refilled with inflammatory substance.

(3)    A passenger shall when request by the driver, conductor or any authorised person:

(i)  produce during the Journey the ticket issued to him/her,

(ii) leave the vehicle on the completion of the journey for which he/she has paid the fare, and

(iii) surrender on completion of the journey  the ticket issued to him/her.

(4)    Any passenger who contravenes or abet the contravention o any of the provisions of sub-rules (1), (2) and (3) shall, besides being guilty of an offence on being required by the driver, conductor or any Police Officer of and above the rank of Sub-Inspector or officer of the Motor Vehicles Department of and above the rank of traffic Sub-Inspector and Junior Inspector of Motor Vehicle on their request alight from the vehicle forthwith and if such passenger fails to comply with such requirement, the driver or conductor or such Police Officer or officer of the Motor Vehicles Department may remove him/her from the vehicle Such passenger shall not be entitled to the refund of any fare which he/she might have paid. The driver or the conductor may stop the vehicle and keep it standing until the passenger alight from the vehicle.

80. Carriage of children and infants in a public service vehicle:

In relation to the number of persons does may be carried in a public service vehicle:

(i)  a child of not more than twelve years of age shall be reckoned as one half;

(ii) a child of not more than three years of age shall be reckoned as one half;

(iii)a blind or other physically handicapped person shall be allowed to travel in a public service vehicle with full exemption of fare or on payment of a part thereof as may be notified by the Government.

81. Alteration to Motor Vehicle:

The owner of a transport vehicle or if the owner is not the holder of the permit, the holder of the permit shall, at the same time as the notice required under section 52 is made to the Registering Authority forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted.

82. Provision as to trailers;

(1)    No trailer other than the trailing half of an articulated vehicle shall be attached to a public service vehicle.

(2)    No person other than the attendant or attendants as provided in rule 151 shall be carried on a trailer.

(3)    Subject to the provisions of sub-rule (4) all the provisions of these rules relating to a goods carriage permit shall apply to any trailer used for the purpose of a goods carriage.

(4)    A State Transport Authority or a Regional Transport Authority granting or countersigning a goods carriage permit may require, as condition of the permit or of the countersignature, as the case may be, that no trailer or that not more than one trailer or that no trailer of a specified description shall be attached to any transport vehicle covered by the permit.

83. Exemption of permits in respect of transport vehicles used for public purposes:

(1)    A transport vehicle which is used solely for transporting students to and from any School or Colleges or Universities or such other educational institution, recognised by the Central or State Government or whose Managing Committee is a Society registered under the Societies Registration Act, 1860 (21 of 1860) shall be deemed to be used for the public purpose under clause (f) of sub-section (3) of Section 66.

(2)    A transport vehicle owned by any religious or charitable non-profit making institution recognised as such by the Government and used solely for the transport its members, employees or goods as may be prescribed by the Government from time to time shall be deemed to be sued for other public purpose under clause (f) of sub- section (3) of section 66.

84. Application for permits and receipt thereof:

(1)   Application for permit shall be presented personally by the applicant or by his lawyer or duly authorised representative before the Secretary of the State/Regional Transport Authority or any other responsible officer authorised by the Chairman to receive the same:

Provided that the Secretary of the State or Regional Transport Authority or such other responsible officer may also receive such application at his discretion from any other person authorised by the applicant in this behalf if his identity is well known to him.

(2)   Subject to the provisions of rule 87, every application shall contain all required particulars including the correct permanent address of the applicant and shall invariably be accompanied by the motor vehicles documents like the registration certificate of the vehicle, fitness certificate and insurance certificate where required, together with the tax clearance certificate in respect of the Motor Vehicles obtained from the taxing authority. Applications for renewal of permit shall also be accompanied by the renewal fee and part A of the permit.

(3)   An application which is not complete in all respect may not be entertained for consideration.

(4)   The officer receiving the application shall check it or cause it to be checked forthwith to see if it is in order. If the application is defective, than it shall not be registered but returned to the party forthwith pointing out the defects found therein and requiring its resubmission after rectifying the defects.

(5)   If the application is found to be in order, it shall be registered forthwith in the relevant register of applications and a receipt in the form attached to the application form shall be given to the person presenting the application.

(6)   An application for a temporary permit under clauses (a) and (b) of sub-section (1) of section 87 shall, if it is received complete in all respects, be disposed of as far as possible within four days of its presentation. In cases, falling under clause (c) of sub-section (1) of section 87, necessary steps for initiating preliminary proceedings should be taken within five days of the receipt of the application and shall be disposed of within fifteen days thereafter.

(7)   The permit when ready to be delivered may be handed over to the applicant personally or to any person authorised by him after taking his signature on the reverse of the receipt in that behalf. It may also be sent by registered post to any address, if so desired specifically by the application at the time of taking the receipt mentioned in sub-rule (5).

(8)   An application received by post may be entertained for consideration only when it is received correctly filled up in all respects including the permanent address of the applicant and is also accompanied by the required documents and fees where necessary. In such cases, when the permit is ready it shall be dispatched to the applicant by registered post to his permanent address or to such other address as shall have been mentioned in the application. If the application is defective, then it shall not be registered but returned to the party pointing out the defects found therein.

85. Grant of receipt:

When any person has submitted a certificate of registration, certificate of fitness, insurance certificate, permit and any other such documents to the registering or other authorities for renewal or for any other purpose and has deposited the prescribed fee/tax, where necessary, or when a police officer or any court or other competent authority has taken temporary possession of such document (s) for any enquiry, investigation or other purpose and the documents has not been suspended or cancelled, the registering or other authority, the court, the police officer or other competent authority, as the case may be, shall furnish a receipt for the documents (s) deposited or taken possession of in form XXXVIII to the person form whom it is taken/seized. During such period as may be specified in the said Form the production of such receipt on demand, shall be deemed to be production of the documents (s) specified therein;

Provided that the authority, court, or the police officer, by which receipt was granted, may in its or his direction by order in writing endorsed thereon extend the period specified in the said Form but such extension shall not be beyond the period of the original documents (s).

86. Hearing of Application:

An applicant for a permit which is considered at a meeting of Transport Authority shall be entitled to appear and conduct his case in person on through a lawyer or other person duly authorised in his behalf.

87. Entry of Registration Mark on permit:

(1)   Save in the case of temporary permit, where the registration mark of the vehicle is to be entered on the permit and the applicant is not at the date of application in possession of the registration mark of the vehicle duly registered, then the applicant shall, within one month of the sanction of the application by the State or Regional Transport Authority or such longer period as the authority may specify, produce the certificate of registration of the vehicle before that authority in order that the particular of the registration mark may be entered in the permit.

(2)   No permit shall be issued until the registration mark of the vehicle to which it relates has, if the form of permit so requires, been entered therein and in the event of any applicant falling to produce the certificate of registration within the prescribed period, the State or Regional Transport Authority may revoke its sanction of the application.

88. Entry of registration mark on temporary permit:

(1)    A temporary permit may, if the State or the Regional Transport Authority thinks fit, be granted to any person whether he is the registered owner of the vehicle or vehicles to be used thereunder or not.

(2)    When, at the time of application for a temporary permit, the applicant is not in possession of the vehicle or vehicles or has not entered into a contract to hire that vehicle or vehicles otherwise satisfies the State or Regional Transport Authority that he is for good and sufficient reason unable to specify the registration mark or marks of the vehicle or vehicles to be used under the permit applied for, the State or the Regional Transport Authority, as the case may be, may, if it is satisfied that undue inconvenience would otherwise be caused, issue a temporary permit in which the registration mark of vehicle is not set out and may, if it thinks fit, require as condition of the permit that the applicant shall, within twenty-four hours or longer period as the authority may specify of the commencement of the first Journey under the authorisation of the temporary permit, furnish to the authority particulars of the registration mark.

(3)    Nothing contained in a temporary permit shall be deemed to authorise the use of any vehicle which is not duly registered or in respect of which there is not existence a valid certificate of fitness or which otherwise contravenes any of the provisions of the Act or the rules made thereunder.

89. Replacement of a particular vehicle authorised by a permit:

(1)   If the holder of a permit relating to a vehicle, desires at any time to replace the vehicle with another, he shall forward Part A of the permit and apply in writing to the Transport Authority by which the permit was issued standing the reasons why the replacement is desired and shall

(i) if the new vehicle is in his possession, forward the certificate of registration thereof ;or

(ii) if the new vehicle is not his possession, state any material particulars in respect of which the new vehicle will differ from the old.

(2)   Upon receipt of an application under sub-rule (1), the permit granting Authority may in its discretion reject the application if:

(i)  the new vehicle proposed differs in material respect from the old;or

(ii) the holder of the permit has contravened the provisions thereof has been deprived of possession of the old vehicle under the provisions of any agreement of hire purchase;

Provided that difference in carrying capacity of the vehicle shall not be deemed to be a difference in material respects as referred to in clause (i) of this sub-rule.

(3)   if the permit granting authority grants an application for the replacement of a vehicle under this rule it shall call upon the holder of the permit to produce Part-B of the permit and the certificate of registration of the new vehicle, if not previously delivered to it and shall correct parts A and B of the permit accordingly under its seal and signature and return them to the holder.

90. Validation of replacement orders in respect of countersignature:

(1)   The Authority granting permission for the replacement of a vehicle under rule 89 shall, unless the authority by which the permit was countersigned has by general or special resolution otherwise directed, endorse on the correction made to parts A and B of the permit the words “Valid also for countersignature” and shall intimate the fact and the particulars of the replacement to the authority concerned.

(2)   Unless the permit has been endorsed as provided in sub-rule (1) or unless the alteration has been approved by endorsement by the countersigning authority, the countersignature on a permit shall not be valid in respect of any new vehicle.

91. Procedure for transfer of permit:

(1)   When the holder permit desire to transfer the permit to some other person under sub-section (1) of section 82, he shall together with the person to whom he desires to make the transfer, make joint application in writing to the State/Regional Transport Authority by which the permit was issued, setting forth the reasons for the proposed transfer.

(2)   The State/Regional Transport Authority may summon both the parties to the application to appear before it and may, if it deems fit, deal with the application as if it were an application for a permit.

(3)   (i)    If the State/Regional Transport Authority is satisfied that the transfer a permit may    be made, it shall call upon the holder of the permit in writing to surrender Parts A and B of the permit within seven days of the receipt of the order and shall likewise call upon the person to whom the permit is to be transferred to deposit the transfer fees specified under rule 48.

(ii)  Upon receipt of Parts A and B of the permit and of the prescribed fee, the    State/Regional Transport Authority shall cancel the particulars of the holder thereon and endorse particulars of the transferee and shall return the permit to the transferee:     

       Provided that where the transfer has got more than one vehicle covered by Part A of the permit, the State/Regional Transport Authority shall cancel the particulars of the vehicle not required by the transferor and return the permit to him. The transferee shall be issued a fresh Part A of the permit in respect of the transferred vehicle.               

        

 (iii)  The State Regional Transport Authority making a transfer of permit as aforesaid may, unless any other Regional Transport Authority by which the permit has been countersigned has by general or special order otherwise required, endorse on Part A and B of the permit with the words “Transfer of permit valid for ………..” and also insesting the name of the authority by which the permit has countersigned with effect from the date of transfer.

(4)   Unless Parts A and B of the permit have been endorsed as provided in sub-rule (3) or unless the transfer of the permit has been approved by endorsement by the authority which countersigned the permit, the countersignature shall be od no effect after the date of transfer.

92. Control of the goods carriage by Transport Authority:

The State Transport Authority or Regional Transport Authority, as the case may be, may by general order direct that-

(i)  every goods carriage shall stop at such Police-stations or outposts or beat house on its route as may be specified therein and thereon the driver shall fill correctly, the register prescribed in Form XXVII maintained at each such police-station, outposts or beat houses; and

(ii)  every goods carriage shall so stop such public places on its route as may be specified in the said order.

93. Prohibition of user of goods carriage in certain regions:

The Regional Transport Authority or its Chairman, authorised in its behalf may, by general order prohibit use of goods carriage during any hour of the day within its region in the interest of public administration.

Explanation- Day shall indicate a period of twenty-four hours from midnight to midnight.

94. Complaint Book:

(1)       A complaint book in the Form XXXIX shall be maintained in every stage carriage to enable the passengers to record any legitimate complaints in connection with the stage carriage service.

(2)       Such complaints shall be written clearly and in and intelligible manner in English or any of the languages of the district and the complaints shall also clearly and legibly record in the complaint book his full name, address and date on which such complaints are written.

(3)       The owner or manager of the stage carriage service shall promptly look into every complaint recorded in the complaint book, remove the cause of the complaint or of its recurrence and submit within a week of the recording of the complaint an explanation to the Regional Transport Authority which granted the permit together with a copy of the complaint stating the action taken by him in connection with the complaints. A copy of the report shall be forward by the owner of the vehicle or the permit holder, as the case may be, to the complaint.

(4)       The complaint book shall be so securely kept in the stage carriage as the same cannot be removed and shall at all times be made available to any passenger desiring to record a complaint or to any officer of the State Transport Authority of to the Regional Transport Authority or to any Inspector of Motor Vehicles or to the Joint Commissioner, Transport (Technical) for the purpose of inspection.

(5)       The provision of this rule shall apply in respect of all stage carriages in the State.

 

95. Fixing hours of work of drivers in advance:

The Transport Authority which granted the permit in respect of a transport vehicle may require the holder of such permit to make to the satisfaction of the said authority such time table, schedule or regulation, as may be necessary to fix in advance the hours of work of the driver (s) employed by him and upon approval of the hours of work so fixed by such authority of any time table, Schedule or regulation as aforesaid, it shall be the record of the hours of work fixed for the person (s) concerned for the purpose of sub-section (3) of section 91:

Provided that where a person has obtained permits for different vehicles from different Transport Authorities, he may, with permission of the Commissioner get approval of the hours of work fixed in the time table, Schedule or regulation, as the case may be, from any one of such Transport Authorities in respect of all his transport vehicles.

 

96. Interval of rest of drivers:

        Any time spent by the driver of a vehicle on or near the vehicle, when it is at rest, when he is at liberty to leave for rest and refreshment although required to remain within sight of the vehicle shall be deemed to be an interval of rest for the purpose of clause (a) of sub-section (1) of section 91.