87. Temporary permit,- (1) A Regional Transport Authority and the State
Transport Authority may without following the procedure laid down in section
80, grant permits, to be effective for a limited period which shall, not in any
case exceed four months, to authorise the use of a transport vehicle
temporarily,-
(a) for the conveyance of passengers on special occasions such as to and
from fairs and religious
gatherings, or
(b) for the purpose of a seasonal business, or
© to meet a particular temporary need, or
(d) pending decision of an application for the renewal of a permit,
and may attach to any
such permit such conditions as it may think fit:
Provided that a Regional Transport Authority or, as the case may be, State
Transport Authority may, in the case of goods carriages, under the circumstances
of an exceptional nature, and for reasons to be recorded in writing, grant a
permit for a period exceeding four months, but not exceeding one year.
(2)
Notwithstanding anything contained in sub-section (1), a temporary permit may
be granted thereunder in respect of any route or area where-
(i) no permit could be issued under section 72 or section 74 or section
76 or section 79 in respect of that route or area by reason of an order of a
court or other competent authority restraining the issue of the same, for a
period not exceeding the period for which the issue of permit has been so
restrained.
(ii) as a result of the suspension by a court or other competent
authority of the permit of any vehicle in respect of that route or area, there
is no transport vehicle of the same class with a valid permit n respect of that
route or area, or there is no adequate number of such vehicles in respect of
that route or area, for a period not exceeding the period of such suspension;
Provided that the
number of transport vehicles in respect of which temporary permits so granted
shall not exceed the number of vehicles in respect of which the issue of the
permits have been restrained or, as the case may be the permit has been
suspended.
88. Validation
of permits for use outside region in which granted,- (1) Except as may be otherwise prescribed, a permit granted
by the Regional Transport Authority of one region shall not be valid in any
other region, unless the permit has been countersigned by the Regional
Transport Authority of that region, and a permit granted in any one State shall
not be valid in any other State unless countersigned by the State Transport
Authority of that other State or by the Regional Transport
Authority concerned:
Provided
that a goods carriage permit, granted by the Regional Transport Authority of
one region, for any area in any region or regions within the same State shall
be valid in that area without countersignature of the Regional Transport
Authority of the other region or of each of the other regions concerned:
Provided further
that where both the starting point and the terminal point of a route are
situate within the same State, but part of such route lies in any other State
and the length of such part does not exceed sixteen kilometres, the permit
shall be valid in the other State in respect of that part of the route which is
in that other State notwithstanding that such permit has not been countersigned
by the State Transport Authority or the Regional Transport Authority of that
other State:
Provided also
that-
where a motor vehicle
covered by a permit granted in one State is to be used for the purpose of
defense in any other State, such vehicle shall display a certificate, in such
form, and issued by such Authority, as the Central Government may, by
notification in the Official Gazette, specify, to the effect that the vehicle
shall be used for the period specified therein exclusively for the purpose of
defense; and
any such permit shall be
valid in that other State notwithstanding that such permit has not been
countersigned by the State Transport Authority or the Regional Transport
Authority of that other State.
(2)
Notwithstanding anything contained in sub-section (1), a permit granted or
countersigned by a State Transport Authority shall be valid in the whole State
or in such regions within the State as may be specified in the permit.
(3) A
Regional Transport Authority when countersigning the permit may attach to the
permit any condition which it might have imposed if It had granted the permit
and may likewise vary any condition attached by which the permit was granted.
(4) The
provisions of this Chapter relating to the grant, revocation and suspension of
permits shall apply to the grant revocation and suspension of countersignature
of permits:
Provided that it shall not be necessary to follow the procedure laid down in
section 80 for the grant of countersignatures of permits, where the permits
granted in any one State are required to be countersigned by the State
Transport Authority of another State or by the Regional Transport Authority
concerned as a result of any agreement arrived at between the States after
complying the requirements of sub-section (5).
(5) Every proposal to enter into an agreement between the States to fix the
number of permits which is proposed to be granted or countersigned
in respect of each route or area, shall be published by each of the State
Governments concerned in the Official Gazette and in any one or more of the
newspapers in regional language circulating in the area or route proposed to be
covered by the agreement together with a notice of the date before which
representations in connection therewith may be submitted, and the date not
being less than thirty days from the date of publication in the Official
Gazette, on which, and the authority by which, and the time and place at which,
the proposal and any representation received in connection therewith will be
considered.
(6) Every
agreement arrived at between the States shall, in so far as it relates to the
grant of countersignatures of permits, be published by each of the State
Governments concerned in the Official Gazette and in any one or more of the
newspapers in the regional language circulating in the area or route covered by
the agreement and the State Transport Authority of the State and the Regional
Transport Authority concerned shall give effect to it.
(7)
Notwithstanding anything contained in sub-section (1), a Regional Transport
Authority of one region may issue a temporary permit under section 87 to be
valid in another region or State with the concurrence given generally or for
the particular occasion, of the Regional Transport Authority of that other
region or of the State Transport Authority of that other State, as the case may
be.
(8)
Notwithstanding anything contained in sub-section (1), a Regional Transport
Authority of one region may issue a temporary permit under section 87 to be
valid in another region or State with the concurrence given generally or for
that particular occasion, of the Regional Transport Authority of that other
region or of the State Transport Authority of that other Sate, as the case may
be.
(9)
Notwithstanding anything contained in sub-section (1) but subject to any rules
that may be made by Central Government under sub-section (14), any State
Transport Authority may, for the purpose of promoting tourism, grant permits in
respect of tourist vehicles valid for the whole of India, or in such contiguous
States not being less than three in numbers including the State in which the
permit is issued as may be specified in such permit in accordance with the
choice indicated in the application and the provisions of sections 73, 74, 80,
81, 82, 83, 84, 85, 86, clause (d) of sub-section (1) of section 87 and section
89 shall as far as may be, apply in relation to such permits.
(10) [Omitted by
Act 54 of 1994 w.e.f 14-11-1994]
(11) The
following shall be conditions of every permit granted under sub-section (9),
namely,-
(i) every motor
vehicle in respect of which such permit is granted shall confirm to such
description, requirement regarding the seating capacity, standards of comfort
,amenities, and other matters, as the Central Government may specify in
this behalf.
(ii) every
such motor vehicle shall be driven by a person having such qualifications and
satisfying such conditions as may be specified by the Central Government; and
(i) such other conditions as may be prescribed
by the Central Government.
(12) Notwithstanding
anything contained in sub-section (1), but, subject to the rules that may be
made by the Central Government under sub-section (1), but, subject to the rules
that may be made by the Central Government under sub-section (14), the
appropriate Authority may, for the purpose of encouraging long distance
inter-State transport, grant in a State, National permits in respect of goods
carriages and provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86,
clause (d) of sub-section (1) of section 87 and section 89 shall s far as may
be, apply to or in relation to the grant of national permit.
(13)
[Omitted by Act 54 of 1994 w.e.f 14-11-1994]
(14) (a)
The Central Government may make rules for carrying out the provisions of this
section.
(b) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely,-
(i) the authorisation fee payable for the issue of a permit referred to in
sub-section (9) and (12);
(ii) the fixation of the laden weight of motor vehicle;
(iii) the distinguishing particulars of marks to be carried or exhibited in or
on the motor vehicle;
(ii) the color or colors in which the motor vehicle
is to be painted;
(iii) such other matters as the appropriate authority shall consider in
granting a national permit;
Explanation:- In this section –
(a) appropriate authority in relation to a national
permit , means the authority which is authorised under this Act to grant a
goods carriage permit;
(b) “authorisation fee” means the annual fee, not exceeding one
thousand rupees, which may be charged by the appropriate authority of a State
to enable a mote Vehicle covered by the permit referred to in sub-sections (9)
and (12) to be used n other States subject to the payment o taxes or fees, if
any, levied by the States concerned;
(c) “national permit” means a permit granted by the
appropriate authority to goods carriages to operate throughout the territory of
India or in such contiguous States not less than four in number, including the
State in which the permit is issued as may be specified in such permit in
accordance with the choice indicated in the application.
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