The Motor Vehicles Act, 1988
71. Procedure of Regional Transport Authority in considering
application for stage carriage permit.
- A Regional Transport Authority shall, while considering an
application for a stage carriage permit, have regard to the objects of this Act:
Provided that such permit for a route of fifty kilometers or
less shall be granted only to an individual or a State transport
undertaking.
- A Regional Transport Authority shall refuse to grant a
stage carriage permit if it appears from any time-table furnished
that the provisions of this Act relating to the speed at which vehicles
may be driven are likely to be contravened:
Provided that before such refusal an opportunity shall be
given to the applicant to amend the time-table so as to conform to the said
provisions.
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- The State Government shall, if so directed by the
Central Government having regard to the number of vehicles, road conditions and
other relevant matters, by notification in the Official Gazette, direct a State
Transport Authority and a Regional Transport Authority to limit the number of
stage carriages generally or of any specified type, as may be fixed and
specified in the notification, operating on city routes in towns with a
population of not less than five lakhs.
- Where the number of stage carriages is fixed under clause
(a), the Government of the State shall reserve in the State certain percentage
of stage carriage permits for the scheduled castes and the scheduled tribes in
the same ratio as in the case of appointments made by direct recruitment to
public services in the State.
- Where the number of stage carriages are
fixed under clause (a), the Regional Transport Authority shall
reserve such number of permits for the scheduled castes and
the scheduled tribes as may be fixed by the State Government under sub-clause
(b).
- After reserving such number of permits as is
referred to in clause (c), the Regional Transport Authority shall in
considering an application have regard to the following matters, namely:--
- Financial stability of the applicant;
- Satisfactory performance as a stage carriage operator
including payment of tax if the applicant is or has been an operator of stage
carriage service; and
- Such other matters as may be prescribed by the State
Government:
Provided that, other conditions being equal, preference
shall be given to applications for permits from--
- State transport undertakings;
- Co-operative societies registered or deemed to have been
registered under any enactment for the time being in force; or
- Ex-servicemen.
- A Regional Transport Authority shall not grant more than five
stage carriage permits to any individual or more than ten stage carriage permits
to any company (not being a State transport undertaking).
- In computing the number of permits to be granted under
sub- section (4), the permits held by an applicant in the name of any other
person and the permits held by any company of which such applicant is a
director shall also be taken into account.
Explanation.--For the purposes of this section
"company" means any body corporate, and includes a firm or
other association of individuals; and "director", in relation to a
firm, means a partner in the firm.
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