73. Application for contract carriage
permit, - An application for a
permit in respect of a contract carriage (in this Chapter referred to as a
contract carriage permit) shall contain the following particulars, namely,-
(a) the type and seating capacity of the vehicle;
(b) the area for which the permit is required;
© any other particulars which may be prescribed
74. Grant of contract carriage permit, - (1) Subject to the provisions of sub-section
(3), a Regional Transport Authority may, on an application made to it under
section 73, grant a contract carriage permit in accordance with the application
or with such modification as it deems fit or refuse to grant such permit:
Provided that no such permit shall be granted in
respect of any area not specified in the application.
(2) The Regional Transport Authority, if it decides
to grant a contract carriage permit, may, subject to any rules that may be made
under this Act, attach to the permit any one or more of the following
conditions, namely,-
(i) that the vehicle shall be used only in a specified area or on a
specified route or routes;
(ii) that except in accordance
with specified conditions, no contract of hiring, other than an
extension
or modification of a subsisting contract, may be entered into outside the
specified area;
(iii) the maximum number of passengers and the maximum weight of luggage
that may be
carried on
the vehicle, either generally or on specified occasions or at specified times
and
seasons;
(iv) the conditions
subject to which goods may be carried in any contract carriage in
addition
to, or to the exclusion of passengers;
(v) that in the case of motor cabs, specified fares or rates
of fares shall be charged and a copy of
the fare table shall be exhibited on the vehicle;
(vi) that in the case of vehicles other than motor cabs, specified
rates of hiring not exceeding
specified maximum shall be charged;
(vii) that in the case of new vehicles other than motor cabs, a specified
weight of passengers’
luggage shall be carried without charge, if any, for any luggage in excess
thereof shall be at a
specified rate;
(viii) that in the case of motor cabs, a taximeter shall be fitted and
maintained in proper working
order, if prescribed;
(ix) that the Regional Transport Authority may, after giving
notice of not less than one month-
(a) vary the conditions of the permit;
(b) attach to the permit further conditions;
(x) that the conditions of permit
shall not departed from save with the approval of the Regional
Transport Authority;
(xi) that specified standards of comfort and cleanliness
shall be maintained in the vehicle;
(xii) that, except in circumstances of
exceptional nature, the plying of the vehicle or carrying of the
passengers shall not be refused;
(xiii) any other conditions which may be
prescribed.
(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 contract 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 contract carriages are fixed under clause(a), the Regional Transport
Authority shall, in considering an application for the grant of permit in
respect of any such contract carriage, have regard to the following matters,
namely,-
(i) financial stability of the applicant;
(ii) satisfactory performance as a contract
carriage operator including payment of tax, if the
applicant is or has been an operator of contract carriages; and
(iii) such other conditions as may be prescribed by the State
Government:
Provided that, other conditions being equal, preference shall be given to
applications for permit from-
(i) the India Tourism Development Corporation;
(ii) State Tourism Development Corporation;
(iii) State Tourism Departments;
(iv) State Transport Undertakings;
(v) Co-operative societies registered or deemed to have been registered
under any enactment for
the time being in force;
(vi) Ex-servicemen.
75.
Scheme for renting of motor cabs, - (1) The Central Government may, by notification in the
Official Gazette, make a scheme for the purpose of regulating the business of
renting of motor cabs or motor cycles to persons desiring to drive either by
themselves of through drivers, motor cabs or motor cycles for their own use and
for matters connected with that.
(2) A
scheme made under sub-section (1) may provide for all or any of the following
matters, namely,-
(a) licensing of operators under the scheme including grant,
renewal and revocation of such
licenses;
(b) form of application and form of license and the particulars to be
contained therein;
© fee to be paid with the application for such
licenses;
(d) the authorities to which the application shall be made;
(e) the conditions subject to which the licenses may be granted, renewed
or revoked;
(f) appeals against orders of refusal to grant or renew such licenses and
appeals against orders
revoking such licenses;
(g) conditions subject to which motor cabs may be rented;
(h) maintenance or records and inspection of such records;
(i) such other matters as may be necessary to carry out the purpose of
this section.
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