95. Power
of State Government to make rules as to stage carriages and contract
carriages,-
(1) A State Government may make rules to
regulate, in respect of stage carriages and contract carriages and the conduct
of passengers in such vehicles.
(2) Without
prejudice to the generality of the foregoing provision, such rules may-
(a) authorise the removal from such vehicle of any person contravening the
rules by the driver or
conductor of the vehicle, or, on the request of the driver or conductor, or any
passenger, by any
police officer;
(b) require a passenger who is reasonably suspected by the driver or conductor
of contravening the
rules to give his name and address to a police officer or to the driver or
conductor on demand;
© require a passenger to declare, if so demanded by the driver or
conductor, the journey he intends
to take or has taken in the vehicle and pay the fare for the whole
of such journey and to accept
any ticket issued therefor;
(d)
require, on demand being made for the purpose by the driver or conductor or
other person
authorised by the owners of the vehicle production during the journey and
surrender at the end of
the journey by the holder thereof of any ticket issued to him;
(e) require a
passenger, if so requested by the driver or conductor, to leave the vehicle on
the
completion of the journey the fare for which he has paid;
(f) require the
surrender by the holder thereof on the expiry of the period for which it is
issued of a ticket issued to him;
(g) require a
passenger to abstain from doing anything which is likely to obstruct or
interfere
with the working of vehicle or to cause damage to any part of the vehicle or
its equipment
or to cause injury or discomfort to any other passenger;
(h) require a
passenger not to smoke in any vehicle on which a notice prohibiting smoking is
exhibited;
(i) require the
maintenance of complaint books in stage carriages and prescribe the conditions
under which passengers can record any complaints in the same.
96. Power
of State Government to make rules for the purpose of this Chapter, - (1) A State Government may make rules for the
purpose of carrying into effect the provisions of this chapter.
(2) Without
prejudice to the generality of the foregoing power, the rules under this
section may be made with respect to all or any of the flowing matters, namely,-
(i) the period of appointment and the terms of appointment of and the conduct of
business by
Regional Transport Authorities and the reports to be furnished by them;
(ii) the conduct of business by any such authority in the absence of any member
(including the
Chairman) thereof and the nature of business which, the circumstances under
which and the
manner in which business could be so conducted;
(iii) the conduct and hearing of appeals that may be preferred under this
Chapter, the fees to be
paid in respect of such appeals and the refund of such fees;
(iv)
the forms to be issued for the purpose of this Chapter, including the forms of
permits;
(v)
the issue of copies of permits in place of permits lost, destroyed or
mutilated;
(vi)
the documents. plates and marks to be carried by transport vehicles, the manner
in which
they are to be carried and the languages in which any such documents are to be
expressed;
(vii) the fees to be
paid in respect of applications for permits, duplicate permits and plates;
(viii) the
exemption of prescribed persons or prescribed classes of persons form payment
of all or any
or any portion of the fees payable under this Chapter;
(ix) the
custody, production and cancellation on revocation or expiration of permits ,
and the return of
permits which have been cancelled;
(x) the
conditions subject to which, and the extent to which, a permit granted in
another State shall be
valid in the State without countersignature;
(xi) the
conditions subject to which, and the extent to which, a permit granted in one
region shall be
valid in another region within the State without countersignature;
(xii) the
conditions to be attached to permit for the purpose of giving effect to any
agreement such as
is referred to in clause (iii) of sub-section (1) of section 67;
(xiii) the
authorities to whom, the time within which and the manner in which appeals may
be made;
(xiv) the
construction and fittings of, and the equipments to be carried by, stage and
contract
carriages, whether generally or in specified areas;
(xv) the
determination o f the number of passengers of a stage or contract carriage is
adapted to carry
and the number which may be carried;
(xvi) the
conditions subject to which goods may be carried on stage and contract
carriages partly or
wholly in lieu of passenger;
(xvii) the safe custody
and disposal of property left in a stage or contract carriage;
(xviii) regulating the
painting or marking of transport vehicles and the display of advertising
matter
thereon, and in particular prohibiting the painting or marking of transport
vehicles in such color or
manner as to induce any person to believe that he vehicle is used for the
transport of mails;
(xix) the
conveyance in stage or contract carriages of corpses or persons suffering from
any infectious or
contagious disease or goods likely to cause discomfort or injury to passengers
and the inspection
and disinfection of such carriages, if used for such purposes;
(xx) the
provisions of taxi meters on motor cabs requiring approval or standard types of
taxi meters to
be used and examining, testing and sealing taxi metes;
(xxi) prohibiting the
picking up or setting down of passengers by stage or contract carriages at
specified
places or in specified areas or at places other than duly notified stands or
halting places and
requiring the driver of a stage carriage to stop and remain stationary for a
reasonable time when so
required b a passenger desiring to board or alight from the vehicle at a
notified halting place;
(xxii) the requirements
which shall be complied with in the construction or use of any duly notified
stand
or halting place, including the provision of adequate equipment and facilities
for the convenience
of all users thereof; the fees, if any, which may be charged for the use of
such facilities, the
records which shall be maintained at such stands or places, the staff to be
employed thereat, and ‘
the duties and conduct of such staff, and generally for maintaining
such stands and places in a
serviceable and clean condition;
(xxiii) the regulation
of motor cab ranks;
(xxiv) requiring the
owners of transport vehicles to notify any change of address or to report the
failure
or damage to any vehicle used for he conveyance of passengers for hire or
reward;
(xxv) authorizing
specified persons to enter at all reasonable times and inspect all premises
used by
permit holders for the purpose of their business;
(xxvi) requiring the
person in charge of a stage carriage to carry any persons tendering the legal
or
customary fare;
(xxvii) the condition
under which and the types of containers or vehicles in which animals or birds
may
be carried and the seasons during which animals or birds may or may not be
carried;
(xxviii)
the licensing of and the regulation of the conduct of agents or canvassers who
engage in the
sale of tickets for travel by public service vehicles or otherwise
solicit custom for such vehicles;
(xxix) the
licensing of agents engaged in the business of collection, forwarding and
distributing goods
carried by goods carriages;
(xxx) the
inspection of transport vehicles and their contents and of the permits relating
to them;
(xxxi) the
carriage of persons other than the driver in goods carriages;
(xxxii) the records to
be maintained and the returns to be furnished by the owners of transport
vehicles;
And
(xxxiii) any other
matter which is not be or may be prescribed.
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