Motor Vehicles Act Section 81 — Duration and renewal of permits

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Civil

Summary

Sub-section (1) states that a permit, other than a temporary permit or a special permit, becomes effective from the date it is issued or renewed and remains valid for five years. If the permit is countersigned, that countersignature stays effective without renewal for a period that aligns with the validity of the main permit.

Sub-section (2) says that a permit can be renewed if an application for renewal is made at least fifteen days before the permit's expiry date.

Sub-section (3) allows the Regional Transport Authority or the State Transport Authority to accept a renewal application even after the fifteen-day deadline, but only if it is satisfied that the applicant had a good and sufficient reason for not applying on time.

Sub-section (4) permits the Regional Transport Authority or the State Transport Authority to reject a renewal application on specific grounds. Under clause (a), rejection can happen if the applicant's financial condition is poor, as shown by insolvency or by court decrees for unpaid debts that have remained unsatisfied for thirty days before the application is considered. Under clause (b), rejection can happen if the applicant has been punished two or more times within twelve months, counted from fifteen days before the application is considered, for offences committed while operating a stage carriage service. These offences include plying a vehicle without paying the tax due on it, plying a vehicle without paying tax during the grace period and then stopping the vehicle, plying on an unauthorised route, or making unauthorised trips. The first proviso states that any punishment stayed by an appellate authority is not counted when computing the number of punishments. The second proviso states that no application can be rejected without giving the applicant an opportunity to be heard.

Sub-section (5) provides that if a permit is renewed after its expiry, the renewal takes effect from the original expiry date, regardless of whether a temporary permit was granted. If a temporary permit was granted, the fee paid for that temporary permit must be refunded.

Official Text

(1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 2[from the date of issuance or renewal thereof] for a period of five years:

Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.

(2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry.

(3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.

(4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely:—

(a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application;

(b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely:—

(i) plying any vehicle—

(1) without payment of tax due on such vehicle;

(2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle;

(3) on any unauthorised route;

(ii) making unauthorised trips:

Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account:

Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant.

(5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded.