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MVA, 1988
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MVAChapter VSection 96
Section96

Power of State Government to make rules for the purposes of this Chapter

AI Assist

Summary

State Government may make rules to implement this Chapter, covering procedure, forms, permits, fees, vehicle markings, inspections, taxi meters, stands and other related matters. Rules can fix appointment terms for Regional and State Transport Authorities, appeal procedures, and conditions for issue, duplicate, cancellation and validity of permits. These rules determine how transport business is regulated and inspected across the State.

Example

Priya runs a small taxi service and loses the permit for one cab. Under State rules made for this Chapter she can apply for a duplicate permit, pay the prescribed fee and get a replacement so she can legally continue operating.

Bare Act

Enacted 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 or permits;

(v) the issue of copies of permits in place of permits lost, destroyed or mutilated;

(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 person 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 counter-signature;

(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 counter-signature;

(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 carriages, 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 customers 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

(xxxiii) any other matter which is to be or may be prescribed.

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V

Chapter V

Control of Transport Vehicles

In this chapter

  • 66Necessity for permits
  • 67Power to State Government to control road transport
  • 68Transport Authorities
  • 69General provision as to applications for permits
  • 70Application for stage carriage permit
  • 71Procedure of Regional Transport Authority in considering application for stage carriage permit
  • 72Grant of stage carriage permit
  • 73Application for contract carriage permit
  • 74Grant of contract carriage permit
  • 75Scheme for renting of motor cabs
  • 76Application for private service vehicle permit
  • 77Application for goods carriage permit
  • 78Consideration of application for goods carriage permit
  • 79Grant of goods carriage permit
  • 80Procedure in applying for and granting permits
  • 81Duration and renewal of permits
  • 82Transfer of permit
  • 83Replacement of vehicles
  • 84General conditions attaching to all permits
  • 85General form of permits
  • 86Cancellation and suspension of permits
  • 87Temporary permits
  • 88Validation of permits for use outside region in which granted
  • 89Appeals
  • 90Revision
  • 91Restriction of hours of work of drivers
  • 92Voidance of contracts restrictive of liability
  • 93Agent or canvasser to obtain license
  • 94Bar on jurisdiction of Civil Courts
  • 95Power of State Government to make rules as to stage carriages and contract carriages
  • 96Power of State Government to make rules for the purposes of this Chapter
Previous · Section 95Power of State Government to make rules as to stage carriages and contract carriagesNext · Section 97Definition