The Motor Vehicles Act, 1988
88. Validation of permits
for use outside region in which granted.
- Except as may be otherwise
prescribed, a permit granted by the Regional Transport Authority of any one
region shall not be valid in any other region, unless the permit has been
countersigned by the Regional Transport Authority of that other rigion, and a
permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the
Regional Transport Authority concerned:
Provided that a goods
carriage permit, granted by the Regional Transport Authority of any one
region, for any area in any other region or regions within the same State
shall be valid in that area without the Countersignature of the Regional
Transport Authority of the other region or of each of the other regions
concerned:
Provided further that
where both the starting point and the terminal point of a route are
situate within the same State, but part of such route lies in any other State
and the length of such part does not exceed sixteen kilometres, the permit
shall be valid in the other State in respect of that part of the route
which is in that other State notwithstanding that such permit has not been
countersigned by the State Transport Authority or the Regional Transport
Authority of That other State:
Provided also that--
- where a motor vehicle
covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in
such form, and issued by such Authority, as the Central Government may, by
notification in the Official Gazette, specify, to the effect thatthe vehicle
shall be used for the period specified therein exclusively for the
purposes of defence; and
- any such permit
shall be valid in that other State notwithstanding that such permit
has not been countersigned by the State Transport Authority or the
Regional Transport Authority of that other State.
- Notwithstanding anything
contained in sub-section (1), a permit granted or countersigned by a State
Transport Authority shall be valid in the whole State or in such regions within
the State as may be specified in the permit.
- A Regional Transport
Authority when countersigning the permit may attach to the permit any condition
which it might have imposed if it had granted the permit and may likewise vary
any condition attached to the permit by the authority by which the permit was
granted.
- The provisions
of this Chapter relating to the grant,
revocation and suspension of permits shall apply
to the grant, revocation and suspension of countersignatures of
permits:
Provided that it shall not
be necessary to follow the procedure laid down in section 80 for the grant of
countersignatures of permits, where the permits granted in any one State
are required to be countersigned by the State Transport Authority of another
State or by the Regional Transport Authority concerned as a result of
any agreement arrived at between the States after complying with the
requirements of sub-section (5).
- Every proposal to
enter into an agreement between the States to fix the number of
permits which is proposed to be granted or
countersigned in respect of each route or area, shall be published by each
of the State Governments concerned in the Official Gazette and in any one
or more of the newspapers in regional language circulating in the area or
route proposed to be covered by the agreement together with a
notice of the date before which representations in connection therewith
may be submitted, and the date not being less than thirty days
from the date of publication in the Official Gazette, on which, and the
authority by which, and the time and place at
which, the proposal and any representation received in
connection therewith will be considered.
- Every agreement
arrived at between the States shall, in so far as it relates
to the grant of countersignature of permits, be published by
each of the State Governments concerned in the Official Gazette and
in any one or more of the newspapers in the
regional language circulating in the area or route covered by the agreement and
the State Transport Authority of the State and the Regional Transport
Authority concerned shall give effect to it.
- Notwithstanding
anything contained in sub-section (1), a Regional
Transport Authority of one region may issue a
temporary permit under section 87 to be valid in another
region or State with the concurrence, given generally or for
the particular occasion, of the Regional Transport Authority of that other
region or of the State Transport Authority of that other State, as the case may
be.
- Notwithstanding
anything contained in sub-section (1), but subject to any rules that may be
made under this Act by the Central Government, the Regional Transport Authority
of any one region or, as the case may be, the State Transport Authority,
may, for the convenience of the public, grant a special permit in relation
to a vehicle covered by a permit issued under section 72 (including a
reserve stage carriage) or under section 74 or under sub-section (9) of this
section for carrying a passenger or passengers for hire or reward under a
contract, express or implied, for the use of the vehicle as a whole
without stopping to pick up or set down along the line of route passengers not
included in the contract, and in every case where such special permit is
granted, the Regional Transport Authority shall assign to the vehicle, for
display thereon, a special distinguishing mark in the form and manner
specified by the Central Government and such special permit shall be valid in
any other region or State without the countersignature of the Regional
Transport Authority of the other
region or of the State Transport Authority of the other State, as the case may
be.
- Notwithstanding
anything contained in sub-section (1) but subject to any
rules that may be made by the Central Government under sub-section (14), any State Transport
Authority may, for the purpose of promoting tourism, grant permits in respect
of tourist vehicles valid for the whole of India, or in such contiguous
States not being less than three in number including the State in which the
permit is issued as may be specified in such permit in accordance with the
choice indicated in the application and the provisions of sections 73 74 80 81
82 83 84 86 and 89 shall, as far as may be, apply in relation to such permits.
- Without prejudice to the
provisions of section 74 the State Transport Authority shall, in
considering an application for a permit under sub-section (9) in respect
of tourist vehicles other than motor cabs have regard to the following matters,
namely:--
- No such permit shall be
issued--
- To an individual owner so as
to exceed ten such valid permits in his own name,
- To a company so as to exceed
twenty such valid permits in its own name;
- the restriction under clause
(a) regarding the number of permits to be granted shall not
apply to the India Tourism Development Corporation,
State Tourism Development Corporations, State Tourism Departments or State
transport undertakings;
- in computing the
number of permits for the purposes of clause (a), the number of
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 sub-section and sub- section (13), "company" means a body
corporate, and includes a firm or other association of individuals; and
"director", in relation to a firm, means a partner in the firm.
- The following shall be
conditions of every permit granted under sub-section (9), namely:--
- every motor vehicle in
respect of which such permit is granted shall conform to such description,
requirement regarding the seating capacity, standards of comforts,
amenities and other matters, as the Central Government may specify in this
behalf;
- every such motor
vehicle shall be driven by a person having such qualifications and
satisfying such conditions as may be specified by the Central Government; and
- Such other conditions as may
be prescribed by the Central Government.
- Notwithstanding
anything contained in sub-section (1), but, subject to the rules that may
be made by the Central Government under sub-section (14), the appropriate
authority may, for the purpose of encouraging long distance
inter-State road transport, grant in a State,
national permits in respect of goods
carriages and the provisions of sections 69 77 7980 81
82 83 84 85 86 and 89 shall, as far as may be, apply to
or in relation to the grant of national permits.
- The appropriate
authority shall, in considering an application for a
national permit, have regard to the following
matters, namely:--
- No national permit shall be
issued--
- To an individual owner so as
to exceed five national permits in its own name;
- To a company so as to exceed
ten valid national permits in its own name;
- The restriction under clause
(a) regarding the number of permits to be issued shall not apply to the State
transport undertakings;
- In computing the number
of permits for the purposes of clause (a), the number of permits held by an
applicant in the nameof any other person and the permits held by any company of
which such applicant is a director shall also be taken into account.
-
- The Central Government
may make rules for carrying out the provisions of this section.
- In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:--
- The authorisation fee
payable for the issue of a permit referred to in sub-sections (9) and (12);
- The fixation of the laden
weight of the motor vehicle;
- The distinguishing
particulars or marks to be carried or exhibited in or on the motor vehicle;
- The colour or colors in
which the motor vehicle is to be painted;
- Such other matters as the
appropriate authority shall consider in granting a national permit.
Explanation.--In this
section,--
- "Appropriate authority",
in relation to a national permit, means the authority which is authorised under
this Act to grant a goods carriage permit;
- "authorisation fee"
means the annual fee, not exceeding one thousand rupees, which may be charged
by the appropriate authority of a State to enable a motor vehicle, covered
by the permit referred to in sub-sections (9) and (12) to be used in other
States subject to the payment of taxes or fees, if any, levied by the States
concerned;
- "national
permit" means a permit granted by the
appropriate authority to goods carriages to operate throughout
the territory of India or in such contiguous States, not being
less than four in number, including the State in which the permit is issued
as may be specified in such permit in accordance with the choice
indicated in the application.
|
Back