Motor Vehicles Act Section 71 — Procedure of Regional Transport Authority in considering application for stage carriage permit
CHAPTER V CONTROL OF TRANSPORT VEHICLES
Civil
Summary
Sub-section (1) requires a Regional Transport Authority, when it is considering an application for a stage carriage permit, to take into account the objects of this Act.
Sub-section (2) says that a Regional Transport Authority must refuse to grant a stage carriage permit if, based on any time-table submitted with the application, it appears that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be violated. However, before refusing the permit, the applicant must be given an opportunity to change the time-table so that it conforms to those speed provisions.
Under clause (a) of sub-section (3), if the Central Government directs it to do so, having regard to the number of vehicles, road conditions, and other relevant matters, the State Government must, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages, either generally or of a specified type, operating on city routes in towns with a population of not less than five lakhs. The number of stage carriages to be fixed and specified in the notification.
Under clause (b) of sub-section (3), where the number of stage carriages is fixed under clause (a), the State Government must reserve a certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes. This percentage is to be in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
Under clause (c) of sub-section (3), where the number of stage carriages is fixed under clause (a), the Regional Transport Authority must reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under clause (b).
Under clause (d) of sub-section (3), after reserving the number of permits referred to in clause (c), the Regional Transport Authority, while considering an application, must have regard to the following matters: financial stability of the applicant; satisfactory performance as a stage carriage operator, including payment of tax, if the applicant is or has been an operator of stage carriage service; and such other matters as may be prescribed by the State Government. The provision also states that, other conditions being equal, preference shall be given to applications for permits from State transport undertakings, co-operative societies registered or deemed to have been registered under any enactment for the time being in force, ex-servicemen, and any other class or category of persons as the State Government may, for reasons to be recorded in writing, consider necessary.
The Explanation at the end of this section states that, for the purposes of this section, the term "company" means any body corporate, and includes a firm or other association of individuals; and the term "director", in relation to a firm, means a partner in the firm.
Official Text
(1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act. 1* * * * *
(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:
Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions.
(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 stage 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 stage carriages are fixed under clause (a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
(c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely:—
(i) financial stability of the applicant;
(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from—
(i) State transport undertakings;
(ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; 1***
(iii) ex-servicemen; 2[or] 2[
(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary.] 3* * * * * Explanation.—For the purposes of this section “company” means any body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm.