80. Procedure to
applying for and granting permits, - (1) An application for a permit of any king may be made at
any time.
(2) A
Regional Transport Authority, State Transport Authority, or any prescribed
authority referred to in sub-section (1) of section 66 shall not ordinarily
refuse to grant an application for permit of any kind made at any time under
this Act.
Provided that the Regional Transport Authority, State Transport Authority or
any prescribed authority referred to in sub-section (1) of section 66 may
summarily refuse the application if the grant of any permit in accordance with
the application would have the effect of increasing the number of stage
carriages as fixed and specified in a notification in the Official Gazette
under clause (a) of sub-section (3) of section 71 or of contract carriages as
fixed and specified in a notification in the Official Gazette under clause (a)
of sub-section (3) of section 74;
Provided further
that where a Regional Transport Authority, State Transport Authority or any
prescribed authority referred to in sub-section (1) of section 66 refuses an
application for the grant of a permit of any kind under this Act, it shall give
to the applicant in writing the reasons for the refusal of the same and an opportunity
of being heard in the matter.
(3) An
application to vary the conditions of any permit, other than a temporary permit
by the inclusion of a new route or routes or a new area or by altering the
route or routes or area covered by it, or in the case of a stage carriage
permit by increasing the number of trips above the specified maximum by the
variation, extension of curtailment of the route or routes or area specified in
the permit shall be treated as an application for the grant of a new permit.
Provided that it shall not be necessary so to treat an application made by the
holder of a stage carriage permit who provides the only service on any route to
increase the frequency of the service provided without any increase in the
number of vehicles
Provide
further that,-
In the case of
variation, the termini shall not be altered and the distance covered by the
variation shall not exceed twenty four kilometers;
In the case of
extension, the distance covered by extension shall not exceed twenty four
kilometers from the termini,
And any such variation
or extension within such limits shall be made only after the 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 extended or any part thereof.
(4) A
Regional Transport Authority, State Transport Authority or any prescribed
authority referred to in sub-section (1) of section 66 may, before such date as
may be specified by it in this behalf, replace any permit granted by it
before the said date by a fresh permit conforming to the provisions
of section 72 or section 79, as the case may be, and the fresh permit shall be
valid for the same route or routes or the same area for which the replace
permit was valid.
Provided
that no condition other than a condition which was already attached to the
replaced permit or which could have been attached thereto under the law in
force when that permit was granted shall be attached to the fresh permit except
with the consent in writing of the holder of the permit.
(5) Notwithstanding anything contained in section 81, a permit issued
under the provisions of sub-section (4) shall be effective without renewal for
the reminder of the period during which the replaced permit would have been
effective.
81. Duration and renewal of permits,- (1) A permit other than a temporary permit
issued under section 87 or a special permit issued sub-section (8) of section
88 shall be effective form the date of issuance or renewal thereof for a period
of five years;
Provided that
where the permit is countersigned under sub-section (1) or section 88, such
counter signature shall remain effective without renewal for such period so as
to synchronize with the validity of the permit.
(2) A
permit may be renewed on an application made not less than fifteen days before
the date of its expiry.
(3)
Notwithstanding anything contained in sub-section (2), the Regional Transport
Authority or the State Transport Authority as the case may be, may entertain an
application for the renewal of a permit after the last date specified in that
sub-section if it is satisfied that the applicant was prevented by good and
sufficient cause from making an application within the time specified.
(4) The
Regional Transport Authority or the State Transport Authority, as the case may
be, may reject an application for the renewal of a permit on one or more of the
following grounds, namely-
(a)
the financial condition of the applicant as evidenced by the insolvency,
or decrees for
payment of debts remaining unsatisfied for a period of thirty
days, prior to the date of
considering the application;
(b) The applicant has been punished twice or more for
any of the following offences within
twelve months reckoned from fifteen
days prior to the date of consideration of the
application committed as
a result of the operation of a stage carriage service by the
applicant, namely,-
(i) plying any vehicle-
(1) without payment of tax due on such vehicle;
(2) without payment of tax during the grace period
allowed for payment of such tax and then stop the plying of such vehicle;
(3) on any unauthorized route;
(ii) making unauthorized trips:
Provided
that in computing the number of punishments for the purpose of clause (b), any
punishment stayed by the order of an appellate authority shall not be taken
into account.
Provided further
that no application under this sub-section shall be rejected unless an
opportunity of being heard is given to the applicant.
(5) Where a permit has
been renewed under this section after the expiry of the period thereof, such
renewal shall have effect from the date of such expiry irrespective of whether
or not a temporary permit had been granted under clause (d) of section 87, and
where a temporary permit has been granted, the fee paid in respect of such
temporary permit shall be refunded.
82. Transfer of
permit,- (1) Save as
provided in sub-section (2), a permit shall not be transferrable form one
person to another except with the permission of the transport authority which
granted the permit and shall not, without such permission, operate to confer on
any person to whom a vehicle covered by the permit is transferred any right to
use that vehicle in the manner authorised by the permit.
(2) Where
the holder of a permit dies, the person succeeding to the possession of the
vehicle covered by the permit may, for a period of three month, use the permit
as if it had been granted to himself.
Provided that such person has, within thirty days of the death
holder, informed the transport authority which granted the permit of the death
of the holder and of his own intention to use the permit.
Provided further that no permit shall be so
used after the date on which it would have ceased to be effective without
renewal In the hands of the deceased holder.
(3) The transport
authority may entertain an application made to it within three months of the
death of the holder of a permit, transfer the permit to the person succeeding
to the possession of the vehicles covered by the permit.
Provided that the transport authority may
entertain an application made after the expiry of the
said period of three months if it is satisfied that the applicant was prevented
by good and sufficient
cause from making an application within the time specified
No comments:
Post a Comment
Ask your questions or add your valuable comments here.