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