Issue of permits to State transport undertakings
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Summary
If a State transport undertaking applies under an approved scheme for a stage, goods or contract carriage permit for a notified area or route, the State Transport Authority or the Regional Transport Authority must grant that permit even if Chapter V would otherwise prevent it. To implement the scheme the Authority may refuse or reject other permit applications, cancel existing permits, or modify permits by fixing an end date, reducing vehicle numbers, or curtailing area or route. No appeal lies against actions or orders under these powers.
Example
Priya runs a State transport undertaking and applies under an approved scheme for a stage carriage permit on a notified route. The Regional Transport Authority grants the permit despite existing private permits, cancels one private permit and reduces vehicle entitlement for another so the State service can start. No appeal lies against the Authority's order.
Bare Act
Enacted text(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order—
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(a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending;
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(b) cancel any existing permit;
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(c) modify the terms of any existing permit so as to—
(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorised to be used under the permit;
(iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2).
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