66. Necessity for
permits,- (1) No owner of a motor vehicle shall use or permit
the use of the vehicle in any public place whether or not such vehicle is
actually carrying any passengers or goods save in accordance with the
conditions of a permit granted or countersigned by a Regional or State
Transport Authority or any prescribed authority, authorizing him the use of the
vehicle in the manner in which the vehicle is being used:
Provided that a
stage carriage permit shall, subject to any conditions that may be prescribed
in the permit, authorise the use of vehicle as a contract carriage:
Provided further
that a stage carriage permit may, subject to any condition that may be
specified in the permit, authorise the use of the vehicle as a goods carriage
either when carrying passengers or not:
Provided also
that a goods carriage permit shall, subject to any conditions that may be
specified in the permit, authorise the holder to use the vehicle for
the carriage of goods for or carriage for or in connection
with a trade or business carried on by him.
(2) The
holder of a goods carriage permit may use the vehicle, for the drawing of any
trailer or semi-trailer not owned by him, subject to such conditions as may be
prescribed:
Provided that the
holder of a permit of any articulated vehicle may use the prime-mover of that
articulated vehicle for any other semi-trailer.
(3) The
provisions of sub-section (1) shall not apply-
(a) to any transport vehicle owned by the Central Government of a State
Government and used
for Government purposes unconnected with any commercial enterprise;
(b) to any transport vehicle owned by a local authority or by a person
acting under contract with
a local authority and used solely for road cleaning, road watering or
conservancy purpose;
© to any transport vehicle solely used for police, for brigade or
ambulance purpose;
(d) to any transport vehicle used solely for the conveyance of corpses
and the mourners
accompanying the corpses;
(e) to any transport vehicle used for towing a disabled vehicle or
for removing goods from a
disabled vehicle to a place of safety;
(f) to any transport vehicle used for any
other public purpose as may be prescribed by the State
Government in this behalf;
(g) to any transport vehicle used by a
person who manufactures or deals in motor vehicles or
builds bodies for attachment to chassis, solely for such purpose and in
accordance with such
conditions as the Central Government may, by notification in Official Gazette,
specify in this
behalf;
(h) deleted;
(i) to any goods vehicle, the gross vehicle weight of which does
not exceed 3,000 kilograms;
(j) subject to such conditions as the Central Government may, by
notification in the Official
Gazette, specify, to any transport vehicle purchased in
one State and proceeding to a place,
situated in that State or any other State, without carrying any
passengers or goods;
(k) to any transport vehicle which has been
temporarily registered under section 43 while
proceeding empty to any place for the purpose of registration of the vehicle;
(l) deleted;
(m) to any transport vehicle which, owing to flood, earthquake or any other
natural calamity,
obstruction on road, or unforeseen circumstances, is required to be diverted
through any
other route, whether within or outside the State, with a view to enabling it to
reach its
destination;
(n) to any transport vehicle used for such purpose as
the Central or State Government may, by
order, specify;
(o) to any transport vehicle which is subject to a hire
purchase, or lease or hypothecation
agreement and which owing to default of owner has been taken possession
of by or on behalf
of the person with whom the owner has entered into such agreement, to
enable such motor
vehicle to reach its designation, or
(m) to any transport vehicle while proceeding empty to any place for
purpose of repair.
(4) Subject to the provisions of sub-section (3), sub-section (1) shall,
if the State Government by rule made under section 96 so prescribes, apply to
any motor vehicle adapted to carry more than nine persons excluding the driver.
67. Power to State Government to control road
transport, - (1) A State Government,
having regard to-
(a)
the advantages offered to the public, trade and industry by the development of
motor transport,
(b)
the desirability of co-ordinating road and rail transport,
© the desirability of preventing the deterioration of the road
system, and
(d)
the desirability of preventing uneconomic competition among holders of permits,
may, form time to time,
by notification in the Official Gazette, issue directions both to State
Transport Authority and Regional Transport Authority-
(i) regarding
the fixing of fares and freights (including) the maximum and minimum in respect
thereof) for stage carriages, contract carriages and goods carriages:
(ii) regarding the
prohibition or restriction, subject to such conditions as may be specified in
the
directions, of the conveying of long distance goods traffic generally, or of
specified classes of
goods by goods carriages;
(iii)regarding any other matter which may appear to the State Government
necessary or
expedient for giving effect to any agreement entered into with the Central
Government or
any other State Government or the Government of any other country
relating to the
regulation of motor transport generally, and in particular to its co-ordination
with other
means of transport and conveying of long distance goods traffic:
Provided that no such notification in respect of the matters referred to in
clause (ii) or clause (iii) shall be issued unless a draft of the proposed
directions is published in the Official Gazette specifying therein a date being
not less than one month after such publication, on or after which the draft
will be taken into consideration and any objection or suggestion which may be
received has, in consultation with the State Transport Authority, been
considered after giving the representatives of the interests affected an
opportunity of being heard.
(2) Any direction under sub-section (1) regarding the fixing of fares and
freights for stage carriages, contract carriages and goods carriages may
provide that such fares or freights shall be inclusive of the tax payable by
the passengers or the consignors of the goods, as the case may be, to the
operators of the stage carriages, contract carriages or goods carriages under
any law for the time being in force relating to tax on passenger and goods.
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