The Motor Vehicles Act, 1988
89. Appeals.
- Any person--
- aggrieved by the
refusal of the State or a Regional Transport Authority
to grant a permit, or by any condition
attached to a permit granted to him, or
- Aggrieved by the revocation
or suspension of the permit or by any variation of the conditions thereof, or
- Aggrieved by the refusal to
transfer the permit under section 82 or
- Aggrieved by the refusal of
the State or a Regional Transport Authority to countersign a permit, or by any
condition attached to such countersignature, or
- Aggrieved by the refusal of
renewal of a permit, or
- Aggrieved by the refusal to
grant permission under section 83 or
- aggrieved by any
other order which may be prescribed, may, within the prescribed time
and in the prescribed manner, appeal to the State Transport
Appellate Tribunal constituted under sub-section (2), who shall, after
giving such person and the original authority an opportunity of
being heard, give a decision thereon which shall be final.
- The State Government shall
constitute for the State, a State Transport Appellate Tribunal which shall
consist of a judicial officer who is not below the rank of a District Judge, or
who is qualified to be a Judge of a High Court:
Provided that in relation to
a Union territory, the Tribunal may consist of the Administrator of that
territory or any officer who has judicial experience.
- Notwithstanding anything
contained in sub-section (1) or sub- section (2), every appeal pending at the
commencement of this Act, shall continue to be proceeded with and disposed of as
if this Act had not been passed.
Explanation.--For the
removal of doubts, it is hereby declared that when any order is made by the
State Transport Authority or the Regional Transport Authority in pursuance of a
direction issued by the Inter-State Transport Commission under clause (c) of
sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939.)
as it stood immediately before the commencement of this Act, and any person
feels aggrieved by such order on the ground that it is not in
consonance with such direction, he may appeal under sub-section (1) to the
State Transport Appellate Tribunal against such order but not against the
direction so issued.
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