Motor Vehicles Act, 1988 CHAPTER VI - SPECIAL PROVISIONS TO STATE TRANSPORT UNDERTAKINGS-sections 97 to 103 - Kerala RTO

97. Definition,- In this chapter, unless the context otherwise requires, "road transport service" means service of motor vehicles carrying passengers or goods or both by road for hire or reward.

98. Chapter VI to override Chapter V and other laws,- The provisions of this Chapter and the rules and orders made thereunder shall have effect not withstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law.

99. Preparation and publication of proposal regarding road transport service of a State transport undertaking,- (1) Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly coordinated road transport service, it is necessary in the public interest that the road transport services in general or any particular class of such services in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the service proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.

 (2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then form the date of publication of such proposal, no permit shall  be granted to any person. except a temporary permit  during the dependency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue or till the date of final publication o f the scheme  under section 100, whichever is earlier.

100. Objection to the proposal,- (1) On the publication of any  proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal  any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government.

 (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State Transport undertaking to be heard in the matter, if  they so desire, approve or modify such proposal.

 (3) The scheme relating to the proposal as approved or modified under sub-section (2)  shall be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of publication In the Official Gazette and shall be called the approved scheme and the area shall be called the notified area or notified route:

 Provided that no such scheme which relates to any inter-state route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government.

 (4) Notwithstanding anything contained in this section,  where a scheme is not published and approved under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed.

 Explanation:- In computing the period of one year referred to in this sub-section, any period or periods during which the publication of the approved scheme under sub-section (3) was help up on account of stay or injunction by the order of any court shall be excluded.

101. Operation of additional services by a State transport undertaking in certain circumstances,- (1) Not withstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings:

  Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay.

102. Cancellation or modification of a scheme,-  (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any of the schemes after giving-
 
           (i) the State transport undertaking; and

            (ii) any other person who, in the opinion of the State Government, is likely to be affected by  the proposed modification, an opportunity of being heard in  respect of the proposed notification.

 (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modiification, together with the date, not less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.

 103. Issue of permits to State transport undertakings,- (1) Where, in pursuance of any approved scheme, any transport undertaking applies in such manner as may be prescribed the State Government  in this behalf for a stage carriage permit or goods carriage permit  or contract carriage permit in respect of a notified area or notified route,the State Transport Authority in any case where the area or route lies in more than one  region and the regional transport authority  in any other case shall issue such permit to the State transport undertaking, not withstanding anything to the contrary contained in Chapter V.

 (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be the Regional Transport Authority concerned may, by order-

       (a) refuse to entertain any application for the grant or renewal of any other permit or or reject any such application as may be pending;

       (b) cancel any existing permit;

       (c) modify the conditions of any existing permit so as to-

             (i) render the permit ineffective beyond a specified date;

             (ii) reduce the number of vehicles authorized to be used under the permit;

            (iii) curtail the area or route covered by the permit in so far s such permit relates to the notified route.

 (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or orders passed, y the State Transport Authority or Regional Transport Authority under sub-section (1) or sub-section (2).

  

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 95 and 96 - Kerala R.T.O

  95. Power of State Government to make rules as to stage carriages and contract carriages,-

  (1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles.

  (2) Without prejudice to the generality of the foregoing provision, such rules may-

     (a) authorise the removal from such vehicle of any person contravening the rules by the driver or

           conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any

           police officer;

     (b) require a passenger who is reasonably suspected by the driver or conductor of contravening the

           rules to give his name and address to a police officer or to the driver or conductor on demand;

    ©  require a passenger to declare, if so demanded by the driver or conductor, the journey he intends 

          to   take or has taken in the vehicle and pay the fare for the whole of such journey and to accept 

          any  ticket issued therefor;

  (d)  require, on demand being made for the purpose by the driver or conductor or other person

         authorised by the owners of the vehicle production during the journey and surrender at the end of

         the journey by the holder thereof of any ticket issued to him;

  (e) require a passenger, if so requested by the driver or conductor, to leave the vehicle on the

        completion of the journey the fare for which he has paid;

  (f) require the surrender by the holder thereof on the expiry of the period for which it is

       issued of a ticket issued to him;

 (g) require a passenger to abstain from doing anything which  is likely to obstruct or interfere

       with the working of vehicle or to cause damage to any part of the vehicle or its equipment

       or to  cause injury or discomfort to any other passenger;

 (h) require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is

      exhibited;

(i) require the maintenance of complaint books in stage carriages and prescribe the conditions

     under which passengers can record any complaints in the same.

  96. Power of State Government to make rules for the purpose of this Chapter, - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this chapter.

  (2) Without prejudice to the generality of the foregoing power, the rules under this section may be made with respect to all or any of the flowing matters, namely,-

        (i) the period of appointment and the terms of appointment of and the conduct of business by

             Regional Transport Authorities and the reports to be furnished by them;

        (ii) the conduct of business by any such authority in the absence of any member (including the

              Chairman) thereof and the nature of business which, the circumstances under which and the

              manner in which business could be so conducted;

       (iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be

              paid in respect of such appeals and the refund of such fees;

    (iv) the forms to be issued for the purpose of this Chapter, including the forms of permits;

    (v) the issue of copies of permits in place of permits lost, destroyed or mutilated;

    (vi) the documents. plates and marks to be carried by transport vehicles, the manner in which

          they are to be carried and the languages in which any such documents are to be

         expressed;

(vii) the fees to be paid in respect of applications for permits, duplicate permits and plates;

   (viii) the exemption of prescribed persons or prescribed classes of persons form payment of all or any 

            or any portion of the fees payable under this Chapter;

   (ix) the custody, production and cancellation on revocation or expiration of permits , and the return of

          permits which have been cancelled;

   (x) the conditions subject to which, and the extent to which, a permit granted in another State shall be

         valid in the State without countersignature;

   (xi) the conditions subject to which, and the extent to which, a permit granted in one region shall be

         valid in another region within the State without countersignature;

   (xii) the conditions to be attached to permit for the purpose of giving effect to any agreement such as

          is referred to in clause (iii) of sub-section (1) of section 67;

  (xiii) the authorities to whom, the time within which and the manner in which appeals may be made;

  (xiv) the construction and fittings of, and the equipments to be carried by, stage and contract 

           carriages, whether generally or in specified areas;

  (xv) the determination o f the number of passengers of a stage or contract carriage is adapted to carry

          and the number which may be carried;

  (xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or

           wholly in lieu of passenger;

(xvii) the safe custody and disposal of property left in a stage or contract carriage;

(xviii) regulating the painting or marking of transport vehicles and the display  of advertising matter

           thereon, and in particular prohibiting the painting or marking of transport vehicles in such color or

           manner as to induce any person to believe that he vehicle is used  for the transport of mails;

 (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or

          contagious disease or goods likely to cause discomfort or injury to passengers and the inspection

          and disinfection of such carriages, if used for such purposes;

 (xx) the provisions of taxi meters on motor cabs requiring approval or standard types of taxi meters to

         be used and examining, testing and sealing taxi metes;

(xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified

          places or in specified areas or at places other than duly notified stands or halting places and

         requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so

         required b a passenger desiring to board or alight from the vehicle at a notified halting place; 

(xxii) the requirements which shall be complied with in the construction or use of any duly notified stand

           or halting place, including the provision of adequate equipment and facilities for the convenience

           of all users thereof; the fees, if any, which may be charged for the use of such facilities, the

          records which shall be maintained at such stands or places, the staff to be employed thereat, and ‘      

          the   duties and conduct of such staff, and generally for maintaining such stands and places in a

          serviceable and clean condition;

(xxiii) the regulation of motor cab ranks;

(xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure 

           or damage to any vehicle used for he conveyance of passengers for hire or reward;

 (xxv) authorizing specified persons to enter at all reasonable times and inspect all premises used by

            permit holders for the purpose of their business;

(xxvi) requiring the person in charge of a stage carriage to carry any persons tendering the legal or

            customary fare;

(xxvii) the condition under which and the types of containers or vehicles in which animals or birds may

            be carried and the seasons during which animals or birds may or may not be carried;

   (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the

                sale  of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles;

  (xxix) the licensing of agents engaged in the business of collection, forwarding and distributing goods

              carried by goods carriages;

  (xxx) the inspection of transport vehicles and their contents and of the permits relating to them;

 (xxxi) the carriage of persons other than the driver in goods carriages;

(xxxii) the records to be maintained and the returns to be furnished by the owners of transport vehicles;

            And

(xxxiii) any other matter which is not be or may be prescribed.

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 89 and 94 - Kerala R.T.O

     89. Appeals, -   (1) Any person,-

                (a)  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

               (b) aggrieved by the revocation or suspension of the permits or by any variation of the

                     conditions thereof, or

          

               ©  aggrieved by the refusal to transfer the permit under section 82, or;

               (d) aggrieved by the refusal of the State  of a Regional Transport Authority to countersign a

                     permit, or by any condition attached to such countersignature, or

               (e) aggrieved by the refusal of renewal of a permit, or

               (f) aggrieved by the refusal to grant permission under section 83, or

               (g) 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 original authority an opportunity of being heard, give a decision thereon which shall be final.

  (2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall constitute of a judicial officer not below the rank of a District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.

  (3) 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 © of sub- section (2) of section 63 A of the Motor Vehicles Act, 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

  90. Revision,- (1) The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order had been made by a State Transport Authority or a Regional  Transport Authority against which no appeal lies, and if it appears to the State Transport Appellate Tribunal that the order made by the State Transport Authority or the Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final:

  Provided that the State Transport Appellate Tribunal shall not entertain any application form a  person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order:

  Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time:

  Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

  91. Restriction of hours of work of drivers,- (1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Vehicle Transport Workers Act, 1961.

 (2) A State Government may, by notification in the Official Gazette, grant such exemption from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which would not be foreseen.

  (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, may provide for the recording of the hours so fixed.

  (4)  No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).

  (5)  A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).

 92. Voidance of contracts restrictive of liability,- Any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under his Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to,  the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability ,be void.

 93.Agent or canvasser to obtain license, - (1) No person shall engage himself-

     (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles, or

         otherwise soliciting custom for such vehicles, or

     (ii) as an agent in the business of collecting, forwarding or distributing goods carried by

          goods carriages, unless he has obtained a license from such Authority and subject to such

          conditions as may be prescribed by the State Government.

  (2)  The condition referred to in sub-section (1) may include all or any of the following matters, namely,-

        (a) the period for which a license may be granted or renewed;

      

        (b) the fee payable for the issue or renewal of the license;

        © the deposit of security-

              (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business

                 of collecting, forwarding or distributing goods carried by goods carriage;

             (ii) of a sum not exceeding rupees five thousand in the case of any other agent or

                  canvasser, and the circumstances under which the security may be forfeited.

        (d) the provision by the agent of insurance of goods in transit;

        (e) the authority by which and circumstances under which the license may  be suspended

             or revoked;

       (f) such other conditions as may be prescribed by the State Government.

  (3) It shall be a condition of every license that no agent or canvasser to whom the license is granted shall advertise in any newspaper, book, list classified directory or other publication the license number, the date of expiry of license and the particulars of the authority which granted the license.

  94. Bar on jurisdiction of Civil Courts, - No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit, shall be entertained by any Civil Court.

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 87 and 88 - Kerala R.T.O

   87. Temporary permit,- (1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily,-

             (a)  for the conveyance of passengers on special occasions such as to and from fairs and religious

                    gatherings, or

         (b) for the purpose of a seasonal business, or

         ©  to meet a particular temporary need, or

         (d) pending decision of an application for the renewal of a permit,

and may attach to any such permit such conditions as it may think fit:

      Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year.

  (2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where-

          (i)  no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of permit has been so restrained.

          (ii)  as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit n respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension;

  Provided that the number of transport vehicles in respect of which temporary permits so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be the permit has been suspended.

   88. Validation of permits for use outside region in which granted,- (1)  Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that region, 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 one region, for any area in any region or regions within the same State shall be valid in that area without 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 purpose of defense 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 that the vehicle shall be used for the period specified therein exclusively for the purpose of defense; 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.

  (2) 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.

  (3)  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 by which the permit was granted.

  (4)  The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant revocation and suspension of countersignature 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 the requirements of sub-section (5).

      (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.

  (6)  Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignatures 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.

  (7) 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.

  (8)  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 that particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other Sate, as the case may be.

  (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by 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 numbers 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, 85, 86, clause (d) of sub-section (1) of section 87 and section 89 shall as far as may be, apply in relation to such permits.

  (10) [Omitted by Act 54 of 1994 w.e.f 14-11-1994]

  (11) The following shall be conditions of every permit granted under sub-section (9), namely,-

(i)  every motor vehicle in respect of which such permit is granted shall confirm to such description, requirement regarding the seating capacity, standards of comfort ,amenities, and  other matters, as the Central Government may specify in this behalf.

(ii)   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

(i)       such other conditions as may be prescribed by the Central Government.

  (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under 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 transport, grant in a State, National permits in respect of goods carriages and provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86, clause (d) of sub-section (1) of section 87 and section 89 shall s far as may be, apply to or in relation to the grant of national permit.

  (13)  [Omitted by Act 54 of 1994 w.e.f 14-11-1994]

  (14) (a)  The Central Government may make rules for carrying out the provisions of this section.

           (b)  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,-

           (i) the authorisation fee payable for the issue of a permit referred to in sub-section (9) and (12);

           (ii) the fixation of the laden weight of motor vehicle;

       (iii) the distinguishing particulars of marks to be carried or exhibited in or on the motor vehicle;

(ii)    the color or colors in which the motor vehicle is to be painted;

(iii)   such other matters as the appropriate authority shall consider in granting a national permit;

Explanation:- In this section –

(a)    appropriate authority in relation to a national permit , means the authority which is authorised under this Act to grant a goods carriage permit;

(b)   “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 mote Vehicle covered by the permit referred to in sub-sections (9) and (12) to be used n other States subject to the payment o taxes or fees, if any, levied by the States concerned;

(c)    “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 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.        

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 83 to 86 - Kerala R.T.O

                      83. Replacement of vehicles, - The holder of a permit may, with the permission of the authority by

                which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the

                   same nature.

                     84. General conditions attaching to all permits, - The following shall be conditions of every

                         permit:-

                         (a)  that the vehicle to which the permit relates carries valid certificate of fitness issued under section

                               56 and is at all times so maintained as to comply with the requirements of this Act and the rules

                               made thereunder,

    (b)  that the vehicle to which the permit relates is not driven at a speed exceeding the speed

 permitted under this Act;

   © that any prohibition or restriction imposed and any fares or freight fixed by notification made under

        section 67 are observed in connection with the vehicle to which the permit relates;   

                   

                         (d) that the vehicle to which the permit relates in not driven in contravention of the provisions of

         section 5 or section113;

    (e)that the provisions of this Act limiting the hours of work of drivers are observed in connection with  

         any vehicle or vehicles to which the permit relates; 

     (f) that the provisions of Chapters X, XI, XII so far as they apply to the holder of the permit are

          observed; and

     (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every  

          vehicle to which the permit relates on the exterior  of the body of that vehicle on both sides

          thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as                    practicable below the window line in bold letters.

  85. General form of permits,-  Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.

  86. Cancellation and suspension of permits,- (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit-

(a)    on the breach of any conditions specified in section 84 or of any condition contained in the permit, or

(b)   if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or

(c)    if the holder of the permit ceases to own the vehicle covered by the permit, or

(d)   if the holder of the permit has obtained the permit by fraud or misrepresentation, or

(e)   if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or

(f)     if the holder of the permit acquires the citizenship of any foreign country:

Provided that no permit shall be suspended r cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation.

  (2)  The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or persons to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority.

  (3)  Where a transport authority cancels or suspends a permit it shall give to the holder in writing its reasons for the action taken.

   (4)  The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68.

  (5)  Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (c) of sub-section (1) and the transport authority is of the opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum on money then, not withstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon.

  (6)  The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority.

  (7)  In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority and any authority or persons to whom the power in this behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or person