Motor Vehicles Act Section 96 — Power of State Government to make rules for the purposes of this Chapter
CHAPTER V CONTROL OF TRANSPORT VEHICLES
Civil
Summary
Sub-section (1) gives the State Government the general power to make rules to put the provisions of this Chapter into effect.
Sub-section (2) lists the specific matters on which such rules may be made, without limiting the general power in sub-section (1). Under clause (i), rules may cover the period and terms of appointment of Regional and State Transport Authorities, how they conduct business, and the reports they must furnish.
Under clause (ii), rules may cover how these authorities conduct business when a member, including the Chairman, is absent, and the type of business that can be conducted in such circumstances and the manner of doing so.
Under clause (iii), rules may cover the conduct and hearing of appeals under this Chapter, the fees for such appeals, and the refund of those fees.
Under clause (iv), rules may prescribe the forms to be used for the purposes of this Chapter, including forms for permits.
Under clause (v), rules may cover the issue of copies of permits when the original permits are lost, destroyed, or mutilated.
Under clause (vi), rules may cover the documents, plates, and marks that transport vehicles must carry, how they are to be carried, and the languages in which such documents must be written.
Under clause (vii), rules may set the fees for applications for permits, duplicate permits, and plates.
Under clause (viii), rules may exempt specified persons or classes of persons from paying all, any, or any portion of the fees payable under this Chapter.
Under clause (ix), rules may cover the custody, production, and cancellation of permits when they are revoked or expire, and the return of cancelled permits.
Under clause (x), rules may set the conditions and extent to which a permit granted in another State is valid in the State without countersignature.
Under clause (xi), rules may set the conditions and extent to which a permit granted in one region is valid in another region within the same State without countersignature.
Under clause (xii), rules may set conditions to be attached to permits to give effect to any agreement referred to in clause (iii) of sub-section (1) of section 67.
Under clause (xiii), rules may specify the authorities to whom appeals may be made, the time within which they may be made, and the manner of making them.
Under clause (xiv), rules may cover the construction, fittings, and equipment to be carried by stage and contract carriages, whether generally or in specified areas.
Under clause (xv), rules may determine the number of passengers a stage or contract carriage is adapted to carry and the number that may actually be carried.
Under clause (xvi), rules may set the conditions under which goods may be carried on stage and contract carriages partly or wholly in place of passengers.
Under clause (xvii), rules may cover the safe custody and disposal of property left in a stage or contract carriage.
Under clause (xviii), rules may regulate the painting or marking of transport vehicles and the display of advertising matter on them, and may prohibit painting or marking vehicles in a way that makes people believe the vehicle is used for transporting mails.
Under clause (xix), rules may cover the conveyance in stage or contract carriages of corpses, persons with infectious or contagious diseases, or goods likely to cause discomfort or injury to passengers, and the inspection and disinfection of such carriages if used for these purposes.
Under clause (xx), rules may provide for taxi meters on motor cabs, require approval or standard types of taxi meters, and cover examining, testing, and sealing taxi meters.
Under clause (xxi), rules may prohibit stage or contract carriages from picking up or setting down passengers at specified places or areas, or at places other than notified stands or halting places, and may require the driver of a stage carriage to stop and remain stationary for a reasonable time when a passenger at a notified halting place wants to board or alight.
Under clause (xxii), rules may set requirements for the construction or use of any notified stand or halting place, including providing adequate equipment and facilities for users, any fees for using such facilities, records to be maintained, staff to be employed, their duties and conduct, and generally keeping such stands and places serviceable and clean.
Under clause (xxiii), rules may regulate motor cab ranks.
Under clause (xxiv), rules may require owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for carrying passengers for hire or reward.
Under clause (xxv), rules may authorise specified persons to enter and inspect, at all reasonable times, any premises used by permit holders for their business.
Under clause (xxvi), rules may require the person in charge of a stage carriage to carry any person who tenders the legal or customary fare.
Under clause (xxvii), rules may set the conditions under which, and the types of containers or vehicles in which, animals or birds may be carried, and the seasons during which they may or may not be carried.
Under clause (xxviii), rules may cover the licensing and regulation of agents or canvassers who sell tickets for travel by public service vehicles or otherwise solicit custom for such vehicles.
Under clause (xxix), rules may cover the licensing of agents engaged in the business of collecting, forwarding, and distributing goods carried by goods carriages.
Under clause (xxx), rules may cover the inspection of transport vehicles, their contents, and the permits relating to them.
Under clause (xxxi), rules may cover the carriage of persons other than the driver in goods carriages.
Under clause (xxxii), rules may cover the records to be maintained and the returns to be furnished by owners of transport vehicles.
Under clause (xxxiia), rules may cover framing of schemes under sub-section (3) of section 67.
Under clause (xxxiib), rules may cover promoting effective competition
Official Text
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:—
(i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them;
(ii) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted;
(iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees;
(iv) the forms to be used for the purposes of this Chapter, including the forms of permits;
(v) the issue of copies of permits in place of permits lost, destroyed or multilated;
(vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed;
(vii) the fees to be paid in respect of applications for permits, duplicate permits and plates;
(viii) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter;
(ix) the custody, production and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled;
(x) the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature;
(xi) the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature;
(xii) the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67;
(xiii) the authorities to whom, the time within which and the manner in which appeals may be made;
(xiv) the construction and fittings of, and the equipment to be carried by, stage and contract carriage, whether generally or in specified areas;
(xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried;
(xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers;
(xvii) the safe custody and disposal of property left in a stage or contract carriage;
(xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails;
(xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriages; if used for such purposes;
(xx) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining testing and sealing taxi meters; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; (xxiii) the regulation of motor cab ranks; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (xxvii) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried; (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages; (xxx) the inspection of transport vehicles and their contents and of the permits relating to them; (xxxi) the carriage of persons other than the driver in goods carriages; (xxxii) the records to be maintained and the returns to be furnished by the owners of transport vehicles; and 1[(xxxiia) framing of schemes under sub-section (3) of section 67; (xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;] (xxxiii) any other matter which is to be or may be prescribed.