89. Appeals, - (1) Any person,-
(a) aggrieved by the refusal of the State or a Regional Transport
Authority to grant a permit,
or by any condition attached to a permit granted to him, or
(b) aggrieved by the revocation or suspension of the permits or by any
variation of the
conditions thereof, or
© aggrieved by the refusal to transfer the permit under section 82, or;
(d) aggrieved by the refusal of the State of a Regional Transport
Authority to countersign a
permit, or by any condition attached to such countersignature, or
(e) aggrieved by the refusal of renewal of a permit, or
(f) aggrieved by the refusal to grant permission under section 83, or
(g) aggrieved by any other order which may be prescribed,
may, within the
prescribed time and in the prescribed manner, appeal to the State transport
Appellate Tribunal constituted under sub-section (2), who shall, after giving
such person and original authority an opportunity of being heard, give a
decision thereon which shall be final.
(2) The State
Government shall constitute such number of Transport Appellate Tribunals as it
thinks fit and each such Tribunal shall constitute of a judicial officer not
below the rank of a District Judge or who is qualified to be a Judge of the
High Court and it shall exercise jurisdiction within such area as may be
notified by that Government.
(3)
Notwithstanding anything contained in sub-section (1) or sub-section (2), every
appeal pending at the commencement of this Act, shall continue to be proceeded
with and disposed of as if this Act had not been passed.
Explanation:- For the removal of doubts, it is hereby declared
that when any order is made by the State Transport Authority or the Regional
Transport Authority in pursuance of a direction issued by the Inter-State
Transport Commission under clause © of sub- section (2) of section 63 A of the
Motor Vehicles Act, 1939, as it stood immediately before the commencement of
this Act, and any person feels aggrieved by such order on the ground that it is
not in consonance with such direction, he may appeal under sub-section (1) to
the State Transport Appellate Tribunal against such order but not against the
direction so issued
90. Revision,- (1) The State Transport Appellate Tribunal may,
on an application made to it, call for the record of any case in which an order
had been made by a State Transport Authority or a Regional Transport
Authority against which no appeal lies, and if it appears to the State
Transport Appellate Tribunal that the order made by the State Transport
Authority or the Regional Transport Authority is improper or illegal, the State
Transport Appellate Tribunal may pass such order in relation to the case as it
deems fit and every such order shall be final:
Provided that the
State Transport Appellate Tribunal shall not entertain any application form a
person aggrieved by an order of a State Transport Authority or Regional
Transport Authority, unless the application is made within thirty days from the
date of the order:
Provided further
that the State Transport Appellate Tribunal may entertain the application after
the expiry of the said period of thirty days, if it is satisfied that the
applicant was prevented by good and sufficient cause from making the
application in time:
Provided also
that the State Transport Appellate Tribunal shall not pass an order under this
section prejudicial to any person without giving him a reasonable opportunity
of being heard.
91. Restriction of hours of work of drivers,- (1) The hours of work of any person engaged for
operating a transport vehicle shall be such as provided in the Motor Vehicle
Transport Workers Act, 1961.
(2) A State
Government may, by notification in the Official Gazette, grant such exemption
from the provisions of sub-section (1) as it thinks fit, to meet cases of
emergency or of delays by reason of circumstances which would not be foreseen.
(3) A State
Government or, if authorised in this behalf by the State Government by rules
made under section 96, the State or Regional Transport Authority may require
persons employing any person whose work is subject to any of the provisions of
sub-section (1) to fix beforehand the hours of work of such persons so as to
conform to those provisions, may provide for the recording of the hours so
fixed.
(4) No
person shall work or shall cause or allow any other person to work outside the
hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State
Government may prescribe the circumstances under which and the period during
which the driver of a vehicle although not engaged in work is required to
remain on or near the vehicle may be deemed to be an interval for rest within
the meaning of sub-section (1).
92. Voidance of contracts restrictive of
liability,- Any contract for the
conveyance of a passenger in a stage carriage or contract carriage, in respect
of which a permit has been issued under his Chapter, shall, so far as it
purports to negative or restrict the liability of any person in respect of any
claim made against that person in respect of the death of, or bodily injury
to, the passenger while being carried in, entering or alighting from the
vehicle, or purports to impose any conditions with respect to the enforcement
of any such liability ,be void.
93.Agent or
canvasser to obtain license, - (1) No person shall engage himself-
(i) as an agent or a canvasser, in the sale of tickets for travel by public
service vehicles, or
otherwise soliciting custom for such vehicles, or
(ii) as an agent in the business of collecting, forwarding or distributing
goods carried by
goods carriages, unless he has obtained a license from such Authority and
subject to such
conditions as may be prescribed by the State
Government.
(2) The
condition referred to in sub-section (1) may include all or any of the
following matters, namely,-
(a) the period for which a license may be granted or renewed;
(b) the fee payable for the issue or renewal of the license;
© the deposit of security-
(i) of
a sum not exceeding rupees fifty thousand in the case of an agent in the
business
of collecting, forwarding or distributing goods carried by goods carriage;
(ii) of a sum not exceeding rupees five thousand in the case of any other
agent or
canvasser, and the circumstances under which the security may be
forfeited.
(d) the provision by the agent of insurance of goods in transit;
(e) the authority by which and circumstances under which the license may
be suspended
or revoked;
(f) such other conditions as may be prescribed by the State Government.
(3) It shall be a
condition of every license that no agent or canvasser to whom
the license is granted shall advertise in any newspaper, book, list classified
directory or other publication the license number, the date of expiry of
license and the particulars of the authority which granted the license.
94. Bar
on jurisdiction of Civil Courts, - No Civil Court shall have
jurisdiction to entertain any question relating to the grant of a permit under
this Act, and no injunction in respect of any action taken or to be taken by
the duly constituted authorities under this Act with regard to the grant of a
permit, shall be entertained by any Civil Court.
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