The Motor Vehicles Act, 1988
80. Procedure in applying
for and granting permits.
- An application for a
permit of any kind may be made at any time.
- A Regional Transport
Authority shall not ordinarily refuse to grant an application for permit of any
kind made at any time under this Act:
Provided that the Regional
Transport Authority may summarily refuse the application if the grant of
any permit in accordance with the application would have the effect of
increasing the number of stage carriages as fixed and specified in a
notification in the Official Gazette under clause (a) of sub-section (3) of
section 71 or of contract carriages as fixed and specified in a notification in
the Official Gazette under clause (a) of sub-section (3) of section 74:
Provided further that
where a Regional Transport Authority refuses an application for the grant
of a permit of any kind under this Act, it shall give to the applicant in
writing its reasons for the refusal of the same and an opportunity of being
heard in the matter.
- An application to
vary the conditions of any permit, other than a temporary permit, by
the inclusion of a new route or routes or a new area or by altering
the route or routes or area covered by it, or in the case of a stage
carriage permit by increasing the number of trips above the
specified maximum or by the variation,
extension or curtailment of the route or routes or the area specified in
the permit shall be treated as an application for the grant of a new permit:
Provided that it shall
not be necessary so to treat an application made by the holder of stage
carriage permit who provides the only service on any route to increase the
frequency of the service so provided without any increase in the number of
vehicles:
Provided further that,--
- in the case of
variation, the termini shall not be altered and the distance covered
by the variation shall not exceed twenty-four kilometres;
- in the case of
extension, the distance covered by
extension shall not exceed twenty-four kilometers
from the termini, and any such
variation or extension within such limits shall be
made only after the transport authority is satisfied
that such variation will serve the convenience of the public and
that it is not expedient to grant a separate permit in respect of
the original route as so varied or extended or any part thereof.
- A Regional Transport
Authority may, before such date as may be specified by it in this behalf,
replace any permit granted by it before the said date by a fresh permit
conforming to the provisions of section 72 or section 74 or section 76 or
section 79 as the case may be, and the fresh permit shall be valid for the
same route or routes or the same area for which the replaced permit was valid:
Provided that no condition
other than a condition which was already attached to the replaced permit
or which could have been attached thereto under the law in force when that
permit was granted shall be attached to the fresh permit except with the
consent in writing of the holder of the permit.
- Notwithstanding
anything contained in section 81 a permit issued under the
provisions of sub-section (4) shall be effective without
renewal for the remainder of the period during
which the replaced permit would have been so effective.
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