Motor Vehicles Act Section 72 — Grant of stage carriage permits

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Civil

Summary

Sub-section (1) states that, subject to section 71, a Regional Transport Authority may grant a stage carriage permit based on an application made under section 70, either as applied for or with changes it considers appropriate, or it may refuse to grant the permit. However, a permit cannot be granted for any route or area that was not specified in the application.

Sub-section (2) states that if the Regional Transport Authority decides to grant a stage carriage permit, it may issue the permit for a stage carriage of a particular description and may attach one or more of the following conditions to the permit, subject to any rules made under this Act.

Under clause (i), the vehicles may be required to be used only in a specified area or on a specified route or routes.

Under clause (ii), the operation of the stage carriage may be required to begin from a specified date.

Under clause (iii), conditions may set the minimum and maximum number of daily trips to be provided for any route or area, either generally or on specified days and occasions.

Under clause (iv), copies of the time-table approved by the Regional Transport Authority may be required to be displayed on the vehicles and at specified stands and halts on the route or within the area.

Under clause (v), the stage carriage may be required to operate within certain margins of deviation from the approved time-table, as specified by the Regional Transport Authority from time to time.

Under clause (vi), within municipal limits and other prescribed areas and places, passengers or goods may be required to be picked up or set down only at specified points.

Under clause (vii), conditions may set the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons.

Under clause (viii), conditions may specify the weight and nature of passengers and luggage that shall be carried free of charge, the total weight of luggage that may be carried per passenger, and the arrangements for carrying luggage without causing inconvenience to passengers.

Under clause (ix), conditions may set the rate of charge that may be levied for passengers' luggage in excess of the free allowance.

Under clause (x), vehicles of a specified type with bodies conforming to approved specifications may be required to be used, but this condition does not prevent the continued use, for two years from the date of publication of the approved specifications, of any vehicle operating on that date.

Under clause (xi), specified standards of comfort and cleanliness may be required to be maintained in the vehicles.

Under clause (xii), conditions may specify the terms under which goods may be carried in the stage carriage in addition to or instead of passengers.

Under clause (xiii), fares may be required to be charged in accordance with the approved fare table.

Under clause (xiv), a copy of or extract from the fare table approved by the Regional Transport Authority, along with particulars of any special fares approved for particular occasions, may be required to be displayed on the stage carriage and at specified stands and halts.

Under clause (xv), tickets bearing specified particulars may be required to be issued to passengers, showing the fares actually charged, and records of tickets issued may be required to be kept in a specified manner.

Under clause (xvi), mails may be required to be carried on the vehicle subject to specified conditions, including conditions about the time for carrying mails and the charges that may be levied.

Under clause (xvii), conditions may require the holder of the permit to keep reserve vehicles to maintain operation and to provide for special occasions.

Under clause (xviii), conditions may specify the terms under which the vehicle may be used as a contract carriage.

Under clause (xix), specified arrangements may be required for the housing, maintenance, and repair of the vehicle.

Under clause (xx), any specified bus station or shelter maintained by the Government or a local authority may be required to be used, and any specified rent or fee may be required to be paid for such use.

Under clause (xxi), the conditions of the permit may be required not to be departed from, except with the approval of the Regional Transport Authority.

Under clause (xxii), the Regional Transport Authority may, after giving notice of not less than one month, vary the conditions of the permit or attach further conditions to it. However, conditions specified under clause (i) cannot be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any such variation within those limits can be made only if the Regional Transport Authority is satisfied that it will serve the convenience of the public and that it is not expedient to grant a separate permit for the original route as varied or any part of it.

Under clause (xxiii), the holder of the permit may be required to furnish periodical returns, statistics, and other information to the Regional Transport Authority, as prescribed by the State Government from time to time.

Under clause (xxiv), any other conditions that may be prescribed may be attached, and the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.

Official Text

(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:

Provided that no such permit shall be granted in respect of any route or area not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:—

(i) that the vehicles shall be used only in a specified area, or on a specified route or routes;

(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;

(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;

(iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;

(v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;

(vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;

(vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons;

(viii) the weight and nature of passengers, luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;

(ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance;

(x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used:

Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;

(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;

(xiii) that fares shall be charged in accordance with the approved fare table;

(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;

(xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner;

(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;

(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;

(xviii) the conditions subject to which vehicle may be used as a contract carriage;

(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;

(xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (xxii) that the Regional Transport Authority may, after giving notice of not less than one month,—

(a) vary the conditions of the permit;

(b) attach to the permit further conditions:

Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional 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 any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe; (xxiv) any other conditions which may be prescribed: 1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.]