71. Procedure of
Regional Transport Authority in considering application for stage carriage
permit,- (1) A Regional Transport
Authority shall, while considering an application for a stage carriage permit,
have regard to the objects of this Act.
(2) 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 confirm with the said provisions.
(3) (a) 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.
(b) where the number of stage carriages are 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 the case of appointments made by
direct
recruitment to public services in the State.
© Where the number of stage carriage are fixed under
clause (a), the Regional Transport Authority
shall receive such number of permits for scheduled castes and scheduled tribes
as may be fixed
by the State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause ©,
the Regional Transport
Authority shall in considering an application have regard to the following
matters, namely,-
(i) financial stability of the applicant;
(ii) 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
(iii) such other matters as may be prescribed by the
State Government:
Provided
that, other conditions being equal, preference shall be given to application
for permits from-
(i) State transport undertakings;
(ii) Co-operative societies registered or deemed to
have been registered under any enactment for the time being in force;
(iii) Ex-servicemen , or
(iv) Any other class or category of persons, as the
State Government may, for reasons to be recorded in writing, consider necessary
72. Grant of stage carriage permit,- (1) Subject to the provisions of
section 71, a Regional Transport Authority may, on an application made to it
under section 70, grant a stage carriage permit in accordance with the
application or with such modifications as it deems fit or refuse to grant the
permit:
Provided that no
such permit shall be granted in respect of any route or area not specified in
the application.
(2) The
Regional Transport Authority, if it decides to grant a stage carriage permit,
may grant the permit for a stage carriage of a specified description and
may, subject to any rules made under this Act, attach to the permit any one or
more of the following conditions namely,-
(i) that the vehicles shall be used only in a
specified area, or on a specified route or routes;
(ii)
that the operation of the
stage carriage shall be commenced with effect from a specified date;
(iii)
the minimum and maximum number of daily trips to be
provided in relation to any route or
area generally or on specified days and occasions;
(iv)
that copies of time table of the stage
carriage approved by the Regional Transport Authority
shall be exhibited on the vehicles and at specified stands and
halts on the route or within the
area;
(v)
that the stage carriage shall be operated
within such margins of deviation from the approved
time table as the Regional Transport Authority may from time to
time specify;
(vi)
that within municipal limits and such other areas
and places as may be prescribed, passengers
or goods shall not be taken up or set down except at specified points;
(vii)
the maximum number of passengers and the maximum weight
of luggage that may be carried
on the stage carriage either generally or on specified occasions or at
specified times and
seasons;
(viii)
the weight and nature of passengers’ luggage that shall be
carried free of charge, the total
weight of luggage that may be carried in relation to each passenger, and the
arrangements
that shall be made for the carriage of luggage without causing inconvenience to
passengers;
(ix)
the rate of charge that may be levied for passengers’ luggage in excess of the
free allowance;
that vehicles of a specified type
fitted with body conforming to approved specifications shall be
used;
(x)
that vehicle of a specified type fitted with body conforming to approved
specifications shall be
used;
Provided that the attachment of this condition to a permit shall not prevent
the continued
use, for a period of two years from the date of publication of the
approved specifications, of
any vehicle operating on that date;
(xi)
that specified standards of comfort and cleanliness shall be maintained in the
vehicles;
(xii)
the conditions subject to which goods may be carried in the stage carriage in
addition to or to
the exclusion of passengers;
(xiii)
that fares shall be charged in accordance with the approved fare table;
(xiv)
that a copy of, or extract from, the fare table approved by the Regional
Transport Authority and
particulars of any special fares or rate of fares so approved for particular
occasions shall be
exhibited on the stage carriage and at specified stands and halts;
(xv)
that tickets bearing specified particulars shall be issued to passengers and
shall show the fares
actually charged and that records of tickets issued shall be exhibited on the
stage carriage and
at specified stands and halts;
(xvi)
that mails shall be carried on the vehicle subject to such conditions
(including conditions as to
the
time in which mails are to be carried and the charges which may be levied) as
may be
specified;
(xvii)
the vehicles to be kept as reserve by the holder of the permit to maintain the
operation and to
provide for special occasions;
(xviii)
the conditions subject to which the vehicle may be used as contract carriage;
(xix)
that specified arrangements shall be made for the housing, maintenance and
repair of vehicle;
(xx)
that any specified bus station or shelter maintained by Government or a local
authority shall be
used and that any specified rent or fee shall be paid for such use;
(xxi)
that the conditions of the permit shall not be departed from, save with the
approval of the
Regional Transport Authority;
(xxii)
that the Regional Transport Authority may, after giving notice to less than one
month-
(a) vary the conditions of a
permit;
(b) attach to the permit further conditions:
Provided that the
conditions specified in pursuance of clause (a) shall not be varied so as to alter
the distance covered by the original route by more than 84 kilometers, and any
variation within such limits shall be made only after the Regional 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 any pat thereof;
(xxiii) that
the holder of a permit shall furnish to the Regional Transport Authority such
periodical
returns, statistics and other information as the State Government may from time
to time
prescribe; any other conditions which may be prescribed.
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