Delhi Motor Vehicle Aggregator And Delivery Service Provider Scheme, 2023

[24th May 2023]

In exercise of the powers conferred by sub-section (3) of Section 67 and section 93, read with sub-section 41 of section 2 of the Motor Vehicles Act,1988 (59 of 1988), the following draft Scheme namely "Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme 2023", which the Lt. Governor Government of National Capital Territory of Delhi proposes to make, is hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of a period of thirty days from the date of publication of this notification in the Delhi Gazette together with any objections or suggestions that may be received in respect thereto by the stipulated period.

Objection or suggestions in this behalf should be addressed to the Pr. Secretary-cum- Commissioner (Transport), Government of National Capital Territory of Delhi, Transport Department, 5/9 Under Hill Road, Delhi110054 or on email at commtpt@nic.in" Whereas, the Aggregator and Delivery Service Provider are intermediaries that facilitates and provides transport services for movement of passengers and goods through a mobile application or website or any form of digital intermediary to connect with/by consumers for such services. With the growth of the telecom sector coupled with consumer economics that is driving the ecosystem, the vehicles operated by aggregators and delivery service providers will only increase in the coming years.

Whereas,, this sector provides the much needed employment to the gig-economy workers and ensure effective delivery of goods and services, however, it is imperative that the movement of such vehicles in the city is regulated through a robust operational framework. In addition to ensuring safety and security of the passengers, the present Scheme shall also encourage aggregators and delivery service providers to adopt electric vehicles for their services.

Whereas, the Delhi Electric Vehicle (EV) Policy envisages that EVs will contribute to 25% of total vehicle registrations in Delhi by 2024. The sector provides the utmost opportunity to create critical mass that would in turn reduce the upfront cost of EVs.

Now, therefore, in exercise of the powers conferred to the State Government under sub-section (3) of section 67 read section 93 with of the Motor Vehicle Act, 1988 the Transport Dept, Government of National Capital Territory of Delhi (GNCTD) hereby notifies Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 for licensing and regulation of aggregators providing passenger transport services and delivery service providers providing delivery service of goods and commodities, including last-mile delivery service providers in the National Capital Territory (NCT) of Delhi.

Scheme - 1. Short title, application and commencement

(1)     This Scheme shall be called the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023.

(2)     It shall come into force on the date of their publication in the Official Gazette.

Scheme - 2. Definitions

The definitions of Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 are to be read in consonance with the Motor Vehicles Act, 1988 and Rules made there-under.

For the purposes of this scheme:

(1)     "Act" means the Motor Vehicle Act, 1988

(2)     "Aggregator" shall have the meaning ascribed to it under Section 1A of the Act.

(3)     "Applicant" means Aggregators or Delivery Service Providers who intend to apply for a license under this scheme. The applicant, seeking issuance of License to operate as an Aggregator or Delivery Service

Provider, shall be any entity or a person including but not limited to a company registered under the Companies Act 1956 or 2013 or a co-operative society registered under the Co-operative Societies Act, 1912 or formed by any group of persons including any group or association of drivers or motor vehicle owners or such other association or a limited liability partnership under the Limited Liability Partnership Act, 2008 or any other general form of any association providing service under a common platform or digital interface.

(4)     The applicant in the case of an individual should be a naturalised citizen of India, in the case of an association/group of person/LLP/Partnership/Society or such other entities shall have a registered office in India and shall be amenable to all compliances and laws applicable within the Republic of India.

(5)     "App" means an electronic interface operated by the Aggregator, Delivery Service Provider, or ecommerce entity that may be accessed either through a computer resource or a communication device.

(6)     "Communication device" shall have the meaning ascribed to it under the Information Technology Act, 2000.

(7)     "Competent Authority" means the Commissioner (Transport) Transport Department, Government of National Capital Territory of Delhi (GNCTD), or any other authority empowered by the Government of National Capital Territory of Delhi (GNCTD) under section 93 of the Act, to issue Licence under this scheme.

(8)     "Computer resource" shall have the meaning ascribed to it under the Information Technology Act, 2000.

(9)     "Compliance Officer" means an officer appointed/designated by the Aggregator or Delivery Service

Provider who shall be a full-time employee of the applicant holding necessary authorisation to act on behalf of applicant with delegated power of attorney by applicant management/board, holding responsible position, capable of representing the Applicant with Competent Authority, and shall be the sole point of contact for the Transport Department, Government of NCT of Delhi or any other authority empowered by the Government of National Capital Territory of Delhi (GNCTD).

(10)   "Delivery Service Provider" shall mean any person or entity who either owns, or operates/ on-boards, or manages a fleet of motor vehicle(s) either through a digital or electronic facility, or any other means to connect a driver offering to deliver/pick up a product, courier, package, or parcel to connect with a seller, e-commerce entity or consignor.

(11)   "E-Commerce Entity" means any person or an entity that owns, operates, or manages a digital or electronic facility or platform for electronic commerce, but does not include any entity or business notified otherwise by the Government for the said purpose from time to time.

(12)   "Electric Vehicle" shall mean a Battery-Operated Vehicle, as defined in the Central Motor Vehicles Rules 1989, along with Retro fitment of Pure Electric System kit to in-use vehicles under Section 115-D of CMVR.

(13)   "End-user" for the purpose of an Aggregator shall be referred to the consumer or passenger availing the service(s) of an Aggregator providing passenger transport service; and for the purpose of a Delivery Service Provider shall be referred to the consumer or person availing the service(s) of a delivery service provider for receiving/sending any package, or goods, or parcels or couriers either directly or indirectly.

(14)   "Fare" means all or any charge comprising the total pay-out (including any applicable discounts/ promotions) by a passenger forming the total charges charged/debited by the Aggregator providing passenger transport service to the End-User pursuant to the latter booking a ride through the aggregators interface including any app, web application, or any other means of communication for taking/providing of service to an end-user.

(15)   "Fee" means the charges in respect of a license as a prescribed provision

(16)   "Fleet" refers to the motor vehicle fleet, including battery-operated Electric Vehicles, used to carry out the services provided by the Aggregator or Delivery Service Provider.

(17)   "Licence" means the license issued to an Aggregator or a Delivery Service Provider by the Transport Department, GNCTD, to carry out operations in the National Capital Territory of Delhi under section 67 (3) read with Section 93 of the Act;

(18)   "License Holder" or "Licensee" means an Aggregator or a Delivery Service Provider who holds valid Licence issued by the Transport Department, GNCTD;

(19)   "On-Boarding" of a driver/motor vehicle means engagement of the driver/vehicle for providing services to the end-user by an Aggregator or a Delivery Service Provider.

(20)   "Off-Boarding" means the segregation of an integrated vehicle from the Aggregator or a Delivery Service Provider.

(21)   "Platform" means an online interface in the form of any software including a website or a part thereof and applications including mobile applications;

(22)   "Rating" means the feedback of the end-user and/or consumer as regards to her/his satisfaction on a scale of 1-to-5 (1 being poor and 5 being excellent) of the service received by her/him as provided on the platform of the Aggregator or the Delivery Service Provider;

(23)   "Rider" or "Passenger" means a person who books a journey through the Aggregator App for availing the transportation provided by a Driver who is integrated with the Aggregator.

(24)   "Remedial Training Programme" means training course provided by the Aggregator or a Delivery Service Provider, required to be compulsorily undertaken by Drivers whose has been rated on a monthly average of at the scale of 3 or less by the end-user. Rating below 3 on a scale of 5 from amongst all Drivers who are placed similarly in terms of the minimum duration of engagement with the Aggregator or a Delivery Service Provider. Such duration shall be determined by the licensee.

(25)   "Security Deposit" means the interest free Deposit that shall be deposited by an Aggregator or a Delivery Service Provider as a condition for making application for grant of a License under this scheme which shall be refundable upon fulfilment of all conditions of the License to the complete satisfaction of the Competent Authority;

Words and expressions used herein and not defined but defined in the Motor Vehicles Act, 1988, shall have the same meaning as assigned to them in the Act or related Laws/Rules or the Motor Vehicle Aggregators Guidelines-2020 of the Ministry of Road Transport & Highways, Govt. of India.

Scheme - 3. Scope and Applicability

(1)     This scheme shall be applicable to Aggregator, Delivery Service Provider, and E-Commerce Entity with at least 25 motor vehicles associated with such Aggregator or Delivery Service Provider, such that Aggregator who have on-boarded 2-W, 3-W, and 4-W passenger vehicles and for Delivery Service Provider who have on-boarded any category of delivery vehicles for, and shall not apply for buses.

(2)     This scheme is in addition to the provisions of the existing applicable Laws and Rules and shall not override or substitute on any compliance(s) and applicability of any legal framework under which such Aggregator or Delivery Service Provider is otherwise governed.

(3)     Notwithstanding anything contained in this part, the Delhi Government shall in consultation with relevant regulatory authorities, lay down additional conditions for Aggregator from time to time to promote the use of Electric Vehicles, in addition to the fleet conversion requirements and incentives to adopt Electric Vehicles.

Scheme - 4. Application of Aggregator and Delivery Service Provider License

(1)     All existing Aggregator and Delivery Service Provider operating within the NCT of Delhi shall obtain a license within a period of 90 days of notification of the scheme.

(2)     All new Aggregator and Delivery Service Provider shall obtain license under this scheme prior to initiating their operations in NCT of Delhi.

(3)     The License under this scheme shall be provided for a period of three years (1095 days) from the date of successful completion of the application, along with payment of requisite Fee in accordance to Form 1 and Form 2, as per this scheme. The applicant shall comply with all the applicable provisions prescribed under the Act and the Information Technology Act, 2000, and all other laws of India, as applicable and rules as notified by the GNCTD from time to time.

(4)     Any applicant, seeking License to operate as an Aggregator or Delivery Service Provider, shall be necessarily required to register themselves as may be prescribed by the Transport Department, GNCTD and shall duly fill the form provided Form 1 along with the required documents prescribed in the form.

(5)     Any applicant seeking License shall have a corporate/branch office within National Capital Region (NCR) and shall also appoint and designate a =Compliance Officer (who shall be the point of contact) for the purpose of monitoring, compliances and operations of this scheme.

Scheme - 5. Declaration of Vehicular Fleet

(1)     All such Aggregator and Delivery Service Provider shall declare all on-boarded vehicles in use within ninety days (90) from publication of this scheme.

(2)     The declaration shall include the registration certificate, vehicle category, and fuel type and any other documents as may be prescribed by the Transport Department, GNCTD from time to time. The subsequent declaration of all new on-boarded vehicles shall be completed within two weeks (fifteen days) of successful on-boarding.

(3)     All Aggregator and Delivery Service Provider shall ensure compliances that the Driver/Rider partners should hold a valid driving license to drive the relevant vehicle (as applicable). The Driver/Vehicle shall comply with the relevant provisions of the Motor Vehicle Act or Rules or Regulations notified by the appropriate Government from time to time. In the case of a Passenger Service Vehicle, the PSV badge is mandatory as may be applicable as per law.

CHAPTER 1 AGGREGATOR (Passenger Services)

Scheme - 6. Compliances for the Aggregator

(1)     The Aggregator shall establish an Operating Centre/Command & Control Centre (CCC) /Information Centre in NCR of Delhi, which shall remain functional at all times (24x7) operations of CCC is mandatory for Aggregator providing Passenger Services).

(2)     The Operating Centre/CCC should be able to track and monitor the movements of all the drivers and their vehicles on real time basis.

(3)     The following conditions shall be adhered to by the Aggregator providing passenger transport service:

(i)       The Operating Centre/CCC should be able to access all data with regard to the Origin-Destination of any trip offered through the app/website, route of the trip and panic alerts. The Aggregator shall also ensure real time integration of all panic alerts with the concerned Law Enforcement Agencies.

(ii)      The Operating Centre/CCC should be able to provide requisite data as and when desired by the Transport Department, GNCTD, with regard to all grievances/complaints lodged by the rider(s)/end user/driver/consumer(s) and the requisite action taken to resolve the same.

(iii)     Further, the Operating Centre/CCC should be able to access all data with regard to number of vehicles in operation, number of other state vehicles providing services in the NCT of Delhi, trips taken from NCT of Delhi, and further analytics of the data. Such data may be required by the Transport Department, GNCTD with prior written intimation.

(iv)    To ensure timely and effective redressal of the Riders grievances on receipt of any complaint concerning the ride/ the Driver/ the condition of the vehicle. The concerns raised by the Rider may be reported within 24 hours of the ride availed.

(v)      Provided that, if the complaint registered with the grievance redressal centre is criminal in nature, then the limitation period for filing such complaint shall be as applicable to respective criminal law.

In such scenario, the concerned Driver shall be Off-boarded from the Aggregator till such issue is not resolved.

(vi)    Provided further that, in case of complaints against the Driver concerning violation of the provisions under the Act, the Driver shall be Off-boarded for a period of 2 days, from the day on which the complaint has been made.

(4)     The Aggregator shall extend utmost cooperation with investigating authorities in relation to any untoward accident or incident involving jeopardizing a Riders safety, which may have arisen due to action or inaction of the Driver on a assigned trip.

(5)     The Aggregator shall be liable for all the services provided to the end-user; except in case of vehicle accident, where in it shall be the sole responsibility of the Driver of the vehicle.

(6)     The Aggregator shall be required to take appropriate action in the form of remedial trainings and corrective measures to rectify the issues against the Driver partners, who has been awarded a rating less than 3 (on a scale of 1 to 5; 1 being the lowest customer satisfaction) in more than 25% of the rides undertaken by him/her in a period of one (1) month. The data so referred shall be stored/collected by the Aggregator for at least 3 months from the date of service provided.

(7)     The Aggregator shall ensure that the Driver shall have the following valid documents at the time of onboarding:

(i)       A valid driving licence to drive the relevant vehicle (as applicable),

(ii)      A valid registration certificate of the relevant vehicle (as applicable) and

(iii)     A valid public service vehicle badge (as may be applicable).

(8)     The Aggregator shall ensure that all vehicles (3-W and 4-W) on-boarded at the time of registration shall bear commercial registrations.

(9)     The following compliances with regard to vehicles shall be ensured by an Aggregator as a prerequisite for the purpose of integration/on-boarding and for continuation of their association with the Aggregator:

(i)       Valid registration of the vehicle.

(ii)      Valid permit, as may be applicable.

(iii)     Valid fitness certificate as applicable under the Act.

(iv)    Valid Pollution Under Control (PUC) certificate.

(v)      Valid third-party insurance of the vehicle

(vi)    Commercial insurance policy (as applicable) covering third party risks as prescribed in the Act

(10)   The App shall be formulated in a manner that is compliant with the applicable law

(11)   Ensuring the in-app vulnerabilities are revealed to Indian Computer Emergency Response Team formed under the aegis of the Ministry of Electronics and Information Technology. Safety of the App shall be certified by a recognised cyber security firm.

(12)   Ensuring that the data generated on the App is stored on a server in India and that such stored data shall be for a minimum of 3 months and maximum of 24 months from the date on which such data is generated. Thus data shall be made available to the Transport Department, GNCTD as per due process of law. Any data related to customers shall not be disclosed without the written consent of the customer.

(13)   Ensuring transparency in its operations, including but not limited to, the functioning of the App algorithm, proportion of fare payable to the Driver, incentives given to the Drivers, charges received from the Driver, and such other information as may be notified by the State Government, by making disclosures on the Aggregators Website and App and updating such disclosures, as per requirement.

(14)   Inclusion of a feature enabling the Rider to share the live location and status of his/her ride after the commencement of ride booked through the App.

(15)   Ensuring that the picture of each Driver integrated with the Aggregator is clearly visible on the App

(16)   A website shall be created, comprising details of the ownership, registered address, fare structure, services offered, consumer services telephone number and email address and such other details as may be needed.

(17)   Implementing a zero-tolerance policy on the use of drugs or alcohol applicable to any driver, provide notice of the zero-tolerance policy on its website, as well as the procedure to report a complaint about a Driver when a passenger reasonable suspects that the Driver is under the influence of drugs or alcohol during the course of the ride. The Aggregator shall immediately Off board such Driver upon receipt of a passengers/end users complaint alleging violation of the zero-tolerance policy. the suspension shall last of continue during the period of investigation by the Aggregator.

(18)   The Aggregator shall ensure that the passenger four-wheeler (M1 category) vehicles onboarded are installed with a fitment of a AIS 140 Certified Vehicle Tracking and Monitoring System with panic buttons relevant for a Public Service Vehicle, as specified by the Ministry of Road Transport & Highways, which shall be connected to the control room of the Aggregator.

(19)   Especially for services provided through passenger four-wheelers, placement of a fire extinguisher, disabled child lock mechanism, and enabled manual override for the central locking system are mandatory.

(20)   Display of applicable vehicle permits, Drivers driving license, identity card (if any) along with the certificate issued by the Dept. of Transport shall be displayed on the vehicle, except on 2-wheelers. Such display shall be placed in such a manner to ensure it is clearly visible to the passengers/end user in the concerned vehicle.

(21)   The Aggregator shall ensure the following phased conversion to Electric Mobility as per the targets enunciated below:

(22)   The Aggregator shall ensure proper parking for all its vehicles in NCR region.

(23)   The Aggregator shall switch to an all-electric fleet by April 1, 2030. The existing conventional vehicles (Petrol/CNG/Diesel propelled) on-boarded by the Aggregator shall be liable for penalty as Chapter IV of the scheme.

(24)   The Aggregator shall be allowed to operate bike taxi (two-wheeler taxi) services, provided that any vehicle being on-boarded as part of the fleet by from the date of commencement of this scheme shall be Electric Vehicles only. In such cases the driver of a two-wheeler taxi would be required to have compliance as mandated for passenger service vehicle drivers in Central Motor Vehicles Act (CMVA), Central Motor Vehicles Rules (CMVR), & Delhi Motor Vehicles Rules (DMVR).

(25)   Non-Compliance of any of the above-mentioned timelines for fleet conversion and vehicle onboarding, the Aggregator shall be liable for penalties or suspension of license, as specified under Chapter IV of the scheme.

Note: The fleet conversion targets as specified under clause 6(21) are applicable on net new on-boarded vehicles by the Aggregator based on the declaration provided on a fortnightly basis as per Section 5.2. For example, for every 100 net new 3-Wheelers (Passenger) onboarded by the Aggregator after the grant of the License, there should be at least 10 new EVs onboarded by the Aggregator, within the first 6 months from the date of notification of this scheme.

(26)   Compliances to ensure Safety:

(i)       Ensuring appropriate functioning of the GPS installed in the vehicle and provide efficient resolution for any issues that may develop in its functioning:

(ii)      Ensuring that the Driver plies the vehicle on the route assigned on the App and in non-compliance of the same, developing a mechanism wherein the app device indicates the fault to the Driver and the control room of the Aggregator immediately communicates with the Driver with regard to the same;

(iii)     Ensuring safety of women employees and Drivers by introducing mechanisms to protect their rights, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(iv)    Enforcing a mechanism on the App to ensure that the identity of the Driver undertaking a trip is same as the one enlisted with the Aggregator requiring verification every time a trip is accepted.

(v)      Ensuring regular spot checks of vehicles integrated with the Aggregator by the personnel authorised by such Aggregator.

Scheme - 7. Regulation of fare for providing passenger transport services & on-demand mobility services

(1)     The fare for providing on-demand service mobility shall comply with the order(s) of the Deptt. of Transport, GNCTD, as may be notified from time to time.

CHAPTER 2 DELIVERY SERVICE PROVIDER

Scheme - 8. Compliances for the Delivery Service Provider

(1)     The Delivery Service Provider shall ensure that the Driver shall have the following valid documents at the time of on-boarding:

(i)       A valid driving licence to drive the relevant vehicle (as applicable),

(ii)      A valid registration certificate of the relevant vehicle

(2)     The Delivery Service Provider shall ensure that all vehicles (3-W and 4-W) on-boarded at the time of registration shall bear commercial registrations and vehicles of all categories shall comply with all provision of Motor Vehicle Act, Rules and Regulations as notified from time to time.

(3)     The following compliances with regard to a vehicle shall be ensured by an Delivery Service Provider as a prerequisite for the purpose of integration/on-boarding and for continuation of their association with Delivery Service Provider:

(i)       Valid registration of the vehicle.

(ii)      Valid permit, as may be applicable.

(iii)     Valid fitness certificate as obtained under the Act.

(iv)    Valid Pollution Under Control (PUC) certificate.

(4)     The Delivery Service Provider shall ensure the following phased conversion to Electric Mobility as per the targets enunciated below:

(5)     The Delivery Service Provider shall ensure proper parking for all its vehicles in NCR region.

(6)     The Delivery Service Provider shall switch to an all-electric fleet by April 1, 2030. The existing conventional vehicles (Petrol/CNG/Diesel Propelled) on-boarded by the Delivery Service Provider shall be liable for penalty as per Chapter IV of the scheme.

(7)     Non-Compliance of any of the above-mentioned timelines for fleet conversion and vehicle onboarding, the Delivery Service Provider shall be liable for penalties or suspension of license, as specified under Chapter IV of the scheme.

Note : The fleet conversion targets as specified under clause 8(4) are applicable on net new on-boarded vehicles by the Delivery Service Provider based on the declaration provided on a fortnightly basis as per Section 5.2. For example, for every 100 new 2-Wheelers and 3-Wheelers (transporting goods) onboarded after grant of the Aggregator License, there should be at least 10 new EVs onboarded by the Delivery Service Provider, within the first 6 months from the day of notification of the scheme.

CHAPTER 3 E COMMERCE ENTITY

Scheme - 9. Compliances for the E-Commerce Entity

(1)     E-Commerce entities shall ensure that the service offered by fleet operators and transport-service providers associated with them are duly licensed as per the provisions of The Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023.

(2)     E-Commerce entities are required to comply with the provisions of the scheme, in cases they own/operate vehicles for either passenger mobility or delivery services.

CHAPTER 4 PENALTY FOR VIOLATION OF COMPLIANCES

Scheme - 10. Penalties on Aggregator or Delivery Service Provider for violation/non-compliances under the Act or the Scheme

(1)     This scheme is made under Chapter V of the Act. These provisions shall be applicable upon an Aggregator or Delivery Service Provider. This scheme shall be applicable and enforceable in addition to the compliances and penalties provided under the Act and shall be read in conjunction with the existing provisions of the Act.

(2)     The Aggregator or Delivery Service provider shall also be responsible for due compliances with the provisions of Motor Vehicles Act, 1988 and Rules made thereunder (as amended from time to time) by their respective vehicles/ drivers/service providers associated with them unequivocally and unconditionally and irrespective of the terms of their association with such vehicles/drivers/service providers.

(3)     Penalties shall beimposed as per Motor Vehicle Act, 1988 and Rules made thereunder for violation or non-compliances under the Act and/or also under the Scheme for the following circumstances.

(i)       Operating without License:

In appropriate cases, if the Competent Authority is of the opinion that whoever is engaged in providing services as an Aggregator or Delivery Service Provider and is operating without a license or otherwise has not been granted a license or whose license has been expired/suspended/revoked, then the Competent Authority shall be at liberty to impose appropriate penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance.

Further, whoever continues to operate as an Aggregator or Delivery Service Provider without license as per Scheme, then upon order of the Competent authority, such vehicles violating this scheme shall be impounded and written notice shall be issued to the Aggregator or Delivery Service Provider.

(ii)      On-boarded vehicles are operated without declaration:

In appropriate cases, if the Competent Authority is of the opinion that the licensee is operating a motor vehicle or a fleet of motor vehicles, details of which have not been registered with the Transport Department, GNCTD through the portal notified as per clause 5 of the scheme, then the Competent Authority shall be at liberty to either suspend the license of the licensee pursuant to clause 10(4) of the scheme and/or shall impose appropriate penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine of five thousand rupees per such non-declared motor vehicle in every single instance.

(iii)     Aggregator or Delivery Service Provider fails to meet fleet conversion targets:

In appropriate cases, if the Competent Authority is convinced that the licensee has failed to comply with the fleet conversion targets as per clause 6(19) and clause 8(4) (whichever applicable), the Competent Authority by way of a reasoned order in writing, shall restrict the licensee to register any new-onboarded vehicle, unless the licensee meets the minimum electric vehicle fleet target and any renewal of the License shall be subject to due compliances with the requirements of the original license.

In case where the Aggregator or Delivery Service Provider is found to be operating or managing or associated or integrated a fleet of conventional vehicles in NCT of Delhi post April 1, 2030, then the Competent Authority shall impose appropriate monetary penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance and shall be at liberty to impound such vehicles.

The Aggregator or Delivery Service Provider shall be allowed a moratorium of one year (365 days) from the date of notification of this scheme for the penalties applicable in circumstance where the licensee fails to meet the fleet conversion targets.

(iv)    Complaints against Aggregator or Delivery Service Provider

The Aggregator or Delivery Service Provider shall ensure effective redressal of the End-users or Drivers grievances on receipt of any complaint concerning the End-user/ the driver/ the condition of the vehicle.

In appropriate cases, if the Competent Authority is convinced that the licensee (Aggregator or Delivery Service Provider) has failed to address the grievances of the end-users or drivers of same/similar nature more than thrice in a month (30 days), Competent Authority shall impose appropriate monetary penalty, as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance.

(4)     Suspension of License:

(i)       The License of any Aggregator or of a Delivery Service Provider shall be suspended, either suo moto by the Competent Authority or pursuant to a complaint filed by an aggrieved person with the Competent Authority, if the Aggregator or the Delivery Service Provider violate any of the provisions of this scheme.

(ii)      Upon suo moto cognizance of any violation, or upon receiving complaint from an aggrieved person(end user/Driver/general public) regarding any violation, that Competent Authority shall issue a show-cause notice to the concerned Aggregator or the Delivery Service Provider. The aggrieved Aggregator or Delivery Service Provider shall be granted a reasonable opportunity to present their respective case in writing within a period of not exceeding 15 (fifteen) days of receipt of the notice/complaint or suo moto action. A personal hearing shall not be granted unless specifically requested for along with cogent reasons to grant of such opportunity and such opportunity shall be granted at the discretion of the Competent Authority. Thereafter, if the Competent Authority decides that the licensee violated the terms and provisions of this scheme, then the Competent Authority shall suspend the license for a period, by way of a reasoned order in writing, which shall not be less than 10 days and which shall not exceed 6 months at a time.

(iii)     Prior to cessation of the suspension period, the Aggregator or Delivery Service Provider shall undertake steps to rectify the violations or non-compliances which resulted into suspension of their License, and they shall file appropriate compliance report before the Competent Authority. Along with this, the Aggregator or Delivery Service Provider shall also file an undertaking with the Competent Authority declaring to comply with the provisions of these. (Form 3)

(iv)    In case, the Aggregator or Delivery Service Provider fails to remedy the violations and file their compliance report and undertaking before the suspension period ends, the Competent Authority shall further extend the suspension order for such time as it may deem fit.

(v)      Provided the total cumulative time-period of successive suspension orders shall not extend beyond 6 (Six) months.

(vi)    Upon perusal of the compliance report and the undertaking filed by the Aggregator or Delivery Service Provider, if the Competent Authority is satisfied that the violation has been remedied and that the undertaking to not repeat the violation is bona fide, then the Competent Authority shall direct that the suspension order in force shall not be extended and further direct that upon expiry of the suspension period the Aggregator or Delivery Service Provider can resume business operations.

(vii)   Where a License is suspended, the Aggregator or the Delivery Service Provider shall immediately stop all operations under the till the time such suspension is revoked.

(5)     Cancellation of License:

(i)       Where the Competent Authority is of the view that there is continued defaults or non-compliance with the provisions of the Act or Scheme in its entirety, the Competent Authority in its discretion, may cancel the License issued to such Aggregator or Delivery Service Provider after providing a reasonable opportunity to be heard.

(ii)      Thereafter, the Competent Authority by way of a reasoned order may cancel the licence, if Aggregator or Delivery Service Provider:

(a)      Has received more than 3 (Three) suspensions within one financial year; or

(b)      During the suspension period, fails to file its compliance report and undertaking with the Competent Authority as per clause 10 for a continuous period of 6 (Six) months; or

(c)      Pursuant to suo moto cognizance by the Competent Authority, or pursuant to a complaint filed by any person, is found to be indulging in penal or criminal offences by the competent court.

(iii)     Where a License is cancelled, the Aggregator or Delivery Service Provider shall immediately stop all operations under the License.

(iv)    Upon cancellation of the License, the security deposit paid by the Aggregator or Delivery Service Provider shall be forfeited and in case of a Bank Guarantee, the Competent Authority shall invoke the Bank Guarantee which shall be paid unconditionally and without reference to the Applicant.

(v)      The Aggregator or Delivery Service Provider may, at any time, voluntarily surrender the License for cancellation. On such surrender of the License, the security deposit including security provided by way of bank guarantee if any shall be returned to the Aggregator or Delivery Service Provider, as applicable, after deduction or collection of outstanding dues, if any.

Scheme - 11. Powers and Responsibilities of the Delhi Government

(1)     The Transport Department, GNCTD shall be empowered to call for such information and documents from the Aggregator or Delivery Service Provider, as deemed fit to ensure compliance of this scheme by the Aggregator or Delivery Service Provider, pursuant to prior written notice.

(2)     The Transport Department, GNCTD shall have the power to conduct search and investigation of the premises of Aggregator or Delivery Service Provider, as specified in Form 1 of this scheme, for the effective implementation of this scheme;

(3)     The Transport Department, GNCTD shall ensure complete confidentiality and secrecy of the documents and information obtained from the Aggregator or Delivery Service Provider under this scheme and any such other information which it may call for.

Scheme - 12. Appeal

(1)     Any licensee aggrieved by the suspension/cancellation order passed by the Competent Authority under this Scheme may, within 30 days of receipt of the order, appeal to the Appellate Authority, as notified by the Transport Department, GNCTD.

(2)     No appeal shall lie after the expiry of the 30-day period, and no delay shall be condoned by the Appellate Authority after the expiry of the 30-day period.

 

Form 1 - Form for Registration of Aggregator or Delivery Service Provider

 

To,

The (Designation),

Competent Authority,

City/State

I, the undersigned hereby apply for a grant of a License for operation as an Aggregator/Delivery Service Provider under the Motor Vehicle , 2023

I hereby declare that the information given above, and other documents enclosed herewith are true to the best of my knowledge. I understand if any information is found to be incorrect at any point in time, the License granted to me is liable to be cancelled besides initiating other legal actions/actions against me. I have gone through the provisions of the Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023, I accept and agree by the same and the reference statutes and Scheme mentioned herein.

Signature of the Applicant/Authorized Signatory

(Along with company seal, as applicable)

 

Form 2 - License Fee

 

(a)      The License Fee under the Scheme shall be applicable based on the fuel-composition of the fleet on-boarded by the Aggregator or Delivery Service Provider at the time of declaration of vehicles on the portal specified by the Department of Transport, Government of NCT of Delhi. For instance, the fee for an electric two-wheeler is INR. 0, while for a Petrol two-wheeler is INR. 250 per vehicle.

(b)      The license fee paid by the Aggregator or Delivery Service Provider per vehicle at the time of declaration shall be applicable till the validity of the license, such that the fee paid for a vehicle on the 1st day of the license shall be valid till the 1095th day.

(c)      The license fee paid by the Aggregator or Delivery Service Provider shall be non-refundable and shall continue to be valid for equivalent number of vehicles on-boarded by the licensee for the validity of the license. Any additional license fee shall be applicable only in case if the net new onboarded vehicles are positive. For instance, an Aggregator plying 50 CNG cars at the time of commencement of the scheme shall have to pay a license fee of INR. 30,000, however, in an event where the Aggregator adds 10 new vehicles, and off-boards 12 existing vehicles, no additional license fee shall be applicable.

(d)      The license fee collected under this scheme shall form an additional revenue source for the State Electric Vehicle Fund, as prescribed under the Delhi Electric Vehicles Policy 2020.

Note - for vehicles which have been onboarded/shall be onboarded by the Aggregator or Delivery Service Provider which have a vehicle age of less than two years on the date of declaration, the License Fee applicable shall be 50% of the above said license fee.

Security Deposit for Aggregator or Delivery Service Provider:

 

Form 3 - Form to file an undertaking with the Competent Authority declaring to comply with the provisions of these.

 

To,

The Competent Authority,

Transport Department,

Government of NCT of Delhi

5/9, Under Hill Road, Delhi - 110054

Sub: Undertaking furnishing details of compliance with the issues raised vide letter no __ of the Transport Department, GNCTD to the XXX (Company name) Sir/Madam,

I ______ a compliance officer with ______ am furnishing the attached details to declare that XXXX (Company Name) is in compliance with the obligations laid down in the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023. Further, as per the letter no __ issued to XXX dated DD/MM/YYYY, we declare that we comply with all the rules and regulations stated in the above mentioned scheme.

Please find attached the documents that state our compliance as per the company records.

Place:

Date:

Signature of the Compliance Officer

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Delhi Motor Vehicle Aggregator And Delivery Service Provider Scheme, 2023

[24th May 2023]

In exercise of the powers conferred by sub-section (3) of Section 67 and section 93, read with sub-section 41 of section 2 of the Motor Vehicles Act,1988 (59 of 1988), the following draft Scheme namely "Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme 2023", which the Lt. Governor Government of National Capital Territory of Delhi proposes to make, is hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of a period of thirty days from the date of publication of this notification in the Delhi Gazette together with any objections or suggestions that may be received in respect thereto by the stipulated period.

Objection or suggestions in this behalf should be addressed to the Pr. Secretary-cum- Commissioner (Transport), Government of National Capital Territory of Delhi, Transport Department, 5/9 Under Hill Road, Delhi110054 or on email at commtpt@nic.in" Whereas, the Aggregator and Delivery Service Provider are intermediaries that facilitates and provides transport services for movement of passengers and goods through a mobile application or website or any form of digital intermediary to connect with/by consumers for such services. With the growth of the telecom sector coupled with consumer economics that is driving the ecosystem, the vehicles operated by aggregators and delivery service providers will only increase in the coming years.

Whereas,, this sector provides the much needed employment to the gig-economy workers and ensure effective delivery of goods and services, however, it is imperative that the movement of such vehicles in the city is regulated through a robust operational framework. In addition to ensuring safety and security of the passengers, the present Scheme shall also encourage aggregators and delivery service providers to adopt electric vehicles for their services.

Whereas, the Delhi Electric Vehicle (EV) Policy envisages that EVs will contribute to 25% of total vehicle registrations in Delhi by 2024. The sector provides the utmost opportunity to create critical mass that would in turn reduce the upfront cost of EVs.

Now, therefore, in exercise of the powers conferred to the State Government under sub-section (3) of section 67 read section 93 with of the Motor Vehicle Act, 1988 the Transport Dept, Government of National Capital Territory of Delhi (GNCTD) hereby notifies Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 for licensing and regulation of aggregators providing passenger transport services and delivery service providers providing delivery service of goods and commodities, including last-mile delivery service providers in the National Capital Territory (NCT) of Delhi.

Scheme - 1. Short title, application and commencement

(1)     This Scheme shall be called the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023.

(2)     It shall come into force on the date of their publication in the Official Gazette.

Scheme - 2. Definitions

The definitions of Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 are to be read in consonance with the Motor Vehicles Act, 1988 and Rules made there-under.

For the purposes of this scheme:

(1)     "Act" means the Motor Vehicle Act, 1988

(2)     "Aggregator" shall have the meaning ascribed to it under Section 1A of the Act.

(3)     "Applicant" means Aggregators or Delivery Service Providers who intend to apply for a license under this scheme. The applicant, seeking issuance of License to operate as an Aggregator or Delivery Service

Provider, shall be any entity or a person including but not limited to a company registered under the Companies Act 1956 or 2013 or a co-operative society registered under the Co-operative Societies Act, 1912 or formed by any group of persons including any group or association of drivers or motor vehicle owners or such other association or a limited liability partnership under the Limited Liability Partnership Act, 2008 or any other general form of any association providing service under a common platform or digital interface.

(4)     The applicant in the case of an individual should be a naturalised citizen of India, in the case of an association/group of person/LLP/Partnership/Society or such other entities shall have a registered office in India and shall be amenable to all compliances and laws applicable within the Republic of India.

(5)     "App" means an electronic interface operated by the Aggregator, Delivery Service Provider, or ecommerce entity that may be accessed either through a computer resource or a communication device.

(6)     "Communication device" shall have the meaning ascribed to it under the Information Technology Act, 2000.

(7)     "Competent Authority" means the Commissioner (Transport) Transport Department, Government of National Capital Territory of Delhi (GNCTD), or any other authority empowered by the Government of National Capital Territory of Delhi (GNCTD) under section 93 of the Act, to issue Licence under this scheme.

(8)     "Computer resource" shall have the meaning ascribed to it under the Information Technology Act, 2000.

(9)     "Compliance Officer" means an officer appointed/designated by the Aggregator or Delivery Service

Provider who shall be a full-time employee of the applicant holding necessary authorisation to act on behalf of applicant with delegated power of attorney by applicant management/board, holding responsible position, capable of representing the Applicant with Competent Authority, and shall be the sole point of contact for the Transport Department, Government of NCT of Delhi or any other authority empowered by the Government of National Capital Territory of Delhi (GNCTD).

(10)   "Delivery Service Provider" shall mean any person or entity who either owns, or operates/ on-boards, or manages a fleet of motor vehicle(s) either through a digital or electronic facility, or any other means to connect a driver offering to deliver/pick up a product, courier, package, or parcel to connect with a seller, e-commerce entity or consignor.

(11)   "E-Commerce Entity" means any person or an entity that owns, operates, or manages a digital or electronic facility or platform for electronic commerce, but does not include any entity or business notified otherwise by the Government for the said purpose from time to time.

(12)   "Electric Vehicle" shall mean a Battery-Operated Vehicle, as defined in the Central Motor Vehicles Rules 1989, along with Retro fitment of Pure Electric System kit to in-use vehicles under Section 115-D of CMVR.

(13)   "End-user" for the purpose of an Aggregator shall be referred to the consumer or passenger availing the service(s) of an Aggregator providing passenger transport service; and for the purpose of a Delivery Service Provider shall be referred to the consumer or person availing the service(s) of a delivery service provider for receiving/sending any package, or goods, or parcels or couriers either directly or indirectly.

(14)   "Fare" means all or any charge comprising the total pay-out (including any applicable discounts/ promotions) by a passenger forming the total charges charged/debited by the Aggregator providing passenger transport service to the End-User pursuant to the latter booking a ride through the aggregators interface including any app, web application, or any other means of communication for taking/providing of service to an end-user.

(15)   "Fee" means the charges in respect of a license as a prescribed provision

(16)   "Fleet" refers to the motor vehicle fleet, including battery-operated Electric Vehicles, used to carry out the services provided by the Aggregator or Delivery Service Provider.

(17)   "Licence" means the license issued to an Aggregator or a Delivery Service Provider by the Transport Department, GNCTD, to carry out operations in the National Capital Territory of Delhi under section 67 (3) read with Section 93 of the Act;

(18)   "License Holder" or "Licensee" means an Aggregator or a Delivery Service Provider who holds valid Licence issued by the Transport Department, GNCTD;

(19)   "On-Boarding" of a driver/motor vehicle means engagement of the driver/vehicle for providing services to the end-user by an Aggregator or a Delivery Service Provider.

(20)   "Off-Boarding" means the segregation of an integrated vehicle from the Aggregator or a Delivery Service Provider.

(21)   "Platform" means an online interface in the form of any software including a website or a part thereof and applications including mobile applications;

(22)   "Rating" means the feedback of the end-user and/or consumer as regards to her/his satisfaction on a scale of 1-to-5 (1 being poor and 5 being excellent) of the service received by her/him as provided on the platform of the Aggregator or the Delivery Service Provider;

(23)   "Rider" or "Passenger" means a person who books a journey through the Aggregator App for availing the transportation provided by a Driver who is integrated with the Aggregator.

(24)   "Remedial Training Programme" means training course provided by the Aggregator or a Delivery Service Provider, required to be compulsorily undertaken by Drivers whose has been rated on a monthly average of at the scale of 3 or less by the end-user. Rating below 3 on a scale of 5 from amongst all Drivers who are placed similarly in terms of the minimum duration of engagement with the Aggregator or a Delivery Service Provider. Such duration shall be determined by the licensee.

(25)   "Security Deposit" means the interest free Deposit that shall be deposited by an Aggregator or a Delivery Service Provider as a condition for making application for grant of a License under this scheme which shall be refundable upon fulfilment of all conditions of the License to the complete satisfaction of the Competent Authority;

Words and expressions used herein and not defined but defined in the Motor Vehicles Act, 1988, shall have the same meaning as assigned to them in the Act or related Laws/Rules or the Motor Vehicle Aggregators Guidelines-2020 of the Ministry of Road Transport & Highways, Govt. of India.

Scheme - 3. Scope and Applicability

(1)     This scheme shall be applicable to Aggregator, Delivery Service Provider, and E-Commerce Entity with at least 25 motor vehicles associated with such Aggregator or Delivery Service Provider, such that Aggregator who have on-boarded 2-W, 3-W, and 4-W passenger vehicles and for Delivery Service Provider who have on-boarded any category of delivery vehicles for, and shall not apply for buses.

(2)     This scheme is in addition to the provisions of the existing applicable Laws and Rules and shall not override or substitute on any compliance(s) and applicability of any legal framework under which such Aggregator or Delivery Service Provider is otherwise governed.

(3)     Notwithstanding anything contained in this part, the Delhi Government shall in consultation with relevant regulatory authorities, lay down additional conditions for Aggregator from time to time to promote the use of Electric Vehicles, in addition to the fleet conversion requirements and incentives to adopt Electric Vehicles.

Scheme - 4. Application of Aggregator and Delivery Service Provider License

(1)     All existing Aggregator and Delivery Service Provider operating within the NCT of Delhi shall obtain a license within a period of 90 days of notification of the scheme.

(2)     All new Aggregator and Delivery Service Provider shall obtain license under this scheme prior to initiating their operations in NCT of Delhi.

(3)     The License under this scheme shall be provided for a period of three years (1095 days) from the date of successful completion of the application, along with payment of requisite Fee in accordance to Form 1 and Form 2, as per this scheme. The applicant shall comply with all the applicable provisions prescribed under the Act and the Information Technology Act, 2000, and all other laws of India, as applicable and rules as notified by the GNCTD from time to time.

(4)     Any applicant, seeking License to operate as an Aggregator or Delivery Service Provider, shall be necessarily required to register themselves as may be prescribed by the Transport Department, GNCTD and shall duly fill the form provided Form 1 along with the required documents prescribed in the form.

(5)     Any applicant seeking License shall have a corporate/branch office within National Capital Region (NCR) and shall also appoint and designate a =Compliance Officer (who shall be the point of contact) for the purpose of monitoring, compliances and operations of this scheme.

Scheme - 5. Declaration of Vehicular Fleet

(1)     All such Aggregator and Delivery Service Provider shall declare all on-boarded vehicles in use within ninety days (90) from publication of this scheme.

(2)     The declaration shall include the registration certificate, vehicle category, and fuel type and any other documents as may be prescribed by the Transport Department, GNCTD from time to time. The subsequent declaration of all new on-boarded vehicles shall be completed within two weeks (fifteen days) of successful on-boarding.

(3)     All Aggregator and Delivery Service Provider shall ensure compliances that the Driver/Rider partners should hold a valid driving license to drive the relevant vehicle (as applicable). The Driver/Vehicle shall comply with the relevant provisions of the Motor Vehicle Act or Rules or Regulations notified by the appropriate Government from time to time. In the case of a Passenger Service Vehicle, the PSV badge is mandatory as may be applicable as per law.

CHAPTER 1 AGGREGATOR (Passenger Services)

Scheme - 6. Compliances for the Aggregator

(1)     The Aggregator shall establish an Operating Centre/Command & Control Centre (CCC) /Information Centre in NCR of Delhi, which shall remain functional at all times (24x7) operations of CCC is mandatory for Aggregator providing Passenger Services).

(2)     The Operating Centre/CCC should be able to track and monitor the movements of all the drivers and their vehicles on real time basis.

(3)     The following conditions shall be adhered to by the Aggregator providing passenger transport service:

(i)       The Operating Centre/CCC should be able to access all data with regard to the Origin-Destination of any trip offered through the app/website, route of the trip and panic alerts. The Aggregator shall also ensure real time integration of all panic alerts with the concerned Law Enforcement Agencies.

(ii)      The Operating Centre/CCC should be able to provide requisite data as and when desired by the Transport Department, GNCTD, with regard to all grievances/complaints lodged by the rider(s)/end user/driver/consumer(s) and the requisite action taken to resolve the same.

(iii)     Further, the Operating Centre/CCC should be able to access all data with regard to number of vehicles in operation, number of other state vehicles providing services in the NCT of Delhi, trips taken from NCT of Delhi, and further analytics of the data. Such data may be required by the Transport Department, GNCTD with prior written intimation.

(iv)    To ensure timely and effective redressal of the Riders grievances on receipt of any complaint concerning the ride/ the Driver/ the condition of the vehicle. The concerns raised by the Rider may be reported within 24 hours of the ride availed.

(v)      Provided that, if the complaint registered with the grievance redressal centre is criminal in nature, then the limitation period for filing such complaint shall be as applicable to respective criminal law.

In such scenario, the concerned Driver shall be Off-boarded from the Aggregator till such issue is not resolved.

(vi)    Provided further that, in case of complaints against the Driver concerning violation of the provisions under the Act, the Driver shall be Off-boarded for a period of 2 days, from the day on which the complaint has been made.

(4)     The Aggregator shall extend utmost cooperation with investigating authorities in relation to any untoward accident or incident involving jeopardizing a Riders safety, which may have arisen due to action or inaction of the Driver on a assigned trip.

(5)     The Aggregator shall be liable for all the services provided to the end-user; except in case of vehicle accident, where in it shall be the sole responsibility of the Driver of the vehicle.

(6)     The Aggregator shall be required to take appropriate action in the form of remedial trainings and corrective measures to rectify the issues against the Driver partners, who has been awarded a rating less than 3 (on a scale of 1 to 5; 1 being the lowest customer satisfaction) in more than 25% of the rides undertaken by him/her in a period of one (1) month. The data so referred shall be stored/collected by the Aggregator for at least 3 months from the date of service provided.

(7)     The Aggregator shall ensure that the Driver shall have the following valid documents at the time of onboarding:

(i)       A valid driving licence to drive the relevant vehicle (as applicable),

(ii)      A valid registration certificate of the relevant vehicle (as applicable) and

(iii)     A valid public service vehicle badge (as may be applicable).

(8)     The Aggregator shall ensure that all vehicles (3-W and 4-W) on-boarded at the time of registration shall bear commercial registrations.

(9)     The following compliances with regard to vehicles shall be ensured by an Aggregator as a prerequisite for the purpose of integration/on-boarding and for continuation of their association with the Aggregator:

(i)       Valid registration of the vehicle.

(ii)      Valid permit, as may be applicable.

(iii)     Valid fitness certificate as applicable under the Act.

(iv)    Valid Pollution Under Control (PUC) certificate.

(v)      Valid third-party insurance of the vehicle

(vi)    Commercial insurance policy (as applicable) covering third party risks as prescribed in the Act

(10)   The App shall be formulated in a manner that is compliant with the applicable law

(11)   Ensuring the in-app vulnerabilities are revealed to Indian Computer Emergency Response Team formed under the aegis of the Ministry of Electronics and Information Technology. Safety of the App shall be certified by a recognised cyber security firm.

(12)   Ensuring that the data generated on the App is stored on a server in India and that such stored data shall be for a minimum of 3 months and maximum of 24 months from the date on which such data is generated. Thus data shall be made available to the Transport Department, GNCTD as per due process of law. Any data related to customers shall not be disclosed without the written consent of the customer.

(13)   Ensuring transparency in its operations, including but not limited to, the functioning of the App algorithm, proportion of fare payable to the Driver, incentives given to the Drivers, charges received from the Driver, and such other information as may be notified by the State Government, by making disclosures on the Aggregators Website and App and updating such disclosures, as per requirement.

(14)   Inclusion of a feature enabling the Rider to share the live location and status of his/her ride after the commencement of ride booked through the App.

(15)   Ensuring that the picture of each Driver integrated with the Aggregator is clearly visible on the App

(16)   A website shall be created, comprising details of the ownership, registered address, fare structure, services offered, consumer services telephone number and email address and such other details as may be needed.

(17)   Implementing a zero-tolerance policy on the use of drugs or alcohol applicable to any driver, provide notice of the zero-tolerance policy on its website, as well as the procedure to report a complaint about a Driver when a passenger reasonable suspects that the Driver is under the influence of drugs or alcohol during the course of the ride. The Aggregator shall immediately Off board such Driver upon receipt of a passengers/end users complaint alleging violation of the zero-tolerance policy. the suspension shall last of continue during the period of investigation by the Aggregator.

(18)   The Aggregator shall ensure that the passenger four-wheeler (M1 category) vehicles onboarded are installed with a fitment of a AIS 140 Certified Vehicle Tracking and Monitoring System with panic buttons relevant for a Public Service Vehicle, as specified by the Ministry of Road Transport & Highways, which shall be connected to the control room of the Aggregator.

(19)   Especially for services provided through passenger four-wheelers, placement of a fire extinguisher, disabled child lock mechanism, and enabled manual override for the central locking system are mandatory.

(20)   Display of applicable vehicle permits, Drivers driving license, identity card (if any) along with the certificate issued by the Dept. of Transport shall be displayed on the vehicle, except on 2-wheelers. Such display shall be placed in such a manner to ensure it is clearly visible to the passengers/end user in the concerned vehicle.

(21)   The Aggregator shall ensure the following phased conversion to Electric Mobility as per the targets enunciated below:

(22)   The Aggregator shall ensure proper parking for all its vehicles in NCR region.

(23)   The Aggregator shall switch to an all-electric fleet by April 1, 2030. The existing conventional vehicles (Petrol/CNG/Diesel propelled) on-boarded by the Aggregator shall be liable for penalty as Chapter IV of the scheme.

(24)   The Aggregator shall be allowed to operate bike taxi (two-wheeler taxi) services, provided that any vehicle being on-boarded as part of the fleet by from the date of commencement of this scheme shall be Electric Vehicles only. In such cases the driver of a two-wheeler taxi would be required to have compliance as mandated for passenger service vehicle drivers in Central Motor Vehicles Act (CMVA), Central Motor Vehicles Rules (CMVR), & Delhi Motor Vehicles Rules (DMVR).

(25)   Non-Compliance of any of the above-mentioned timelines for fleet conversion and vehicle onboarding, the Aggregator shall be liable for penalties or suspension of license, as specified under Chapter IV of the scheme.

Note: The fleet conversion targets as specified under clause 6(21) are applicable on net new on-boarded vehicles by the Aggregator based on the declaration provided on a fortnightly basis as per Section 5.2. For example, for every 100 net new 3-Wheelers (Passenger) onboarded by the Aggregator after the grant of the License, there should be at least 10 new EVs onboarded by the Aggregator, within the first 6 months from the date of notification of this scheme.

(26)   Compliances to ensure Safety:

(i)       Ensuring appropriate functioning of the GPS installed in the vehicle and provide efficient resolution for any issues that may develop in its functioning:

(ii)      Ensuring that the Driver plies the vehicle on the route assigned on the App and in non-compliance of the same, developing a mechanism wherein the app device indicates the fault to the Driver and the control room of the Aggregator immediately communicates with the Driver with regard to the same;

(iii)     Ensuring safety of women employees and Drivers by introducing mechanisms to protect their rights, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(iv)    Enforcing a mechanism on the App to ensure that the identity of the Driver undertaking a trip is same as the one enlisted with the Aggregator requiring verification every time a trip is accepted.

(v)      Ensuring regular spot checks of vehicles integrated with the Aggregator by the personnel authorised by such Aggregator.

Scheme - 7. Regulation of fare for providing passenger transport services & on-demand mobility services

(1)     The fare for providing on-demand service mobility shall comply with the order(s) of the Deptt. of Transport, GNCTD, as may be notified from time to time.

CHAPTER 2 DELIVERY SERVICE PROVIDER

Scheme - 8. Compliances for the Delivery Service Provider

(1)     The Delivery Service Provider shall ensure that the Driver shall have the following valid documents at the time of on-boarding:

(i)       A valid driving licence to drive the relevant vehicle (as applicable),

(ii)      A valid registration certificate of the relevant vehicle

(2)     The Delivery Service Provider shall ensure that all vehicles (3-W and 4-W) on-boarded at the time of registration shall bear commercial registrations and vehicles of all categories shall comply with all provision of Motor Vehicle Act, Rules and Regulations as notified from time to time.

(3)     The following compliances with regard to a vehicle shall be ensured by an Delivery Service Provider as a prerequisite for the purpose of integration/on-boarding and for continuation of their association with Delivery Service Provider:

(i)       Valid registration of the vehicle.

(ii)      Valid permit, as may be applicable.

(iii)     Valid fitness certificate as obtained under the Act.

(iv)    Valid Pollution Under Control (PUC) certificate.

(4)     The Delivery Service Provider shall ensure the following phased conversion to Electric Mobility as per the targets enunciated below:

(5)     The Delivery Service Provider shall ensure proper parking for all its vehicles in NCR region.

(6)     The Delivery Service Provider shall switch to an all-electric fleet by April 1, 2030. The existing conventional vehicles (Petrol/CNG/Diesel Propelled) on-boarded by the Delivery Service Provider shall be liable for penalty as per Chapter IV of the scheme.

(7)     Non-Compliance of any of the above-mentioned timelines for fleet conversion and vehicle onboarding, the Delivery Service Provider shall be liable for penalties or suspension of license, as specified under Chapter IV of the scheme.

Note : The fleet conversion targets as specified under clause 8(4) are applicable on net new on-boarded vehicles by the Delivery Service Provider based on the declaration provided on a fortnightly basis as per Section 5.2. For example, for every 100 new 2-Wheelers and 3-Wheelers (transporting goods) onboarded after grant of the Aggregator License, there should be at least 10 new EVs onboarded by the Delivery Service Provider, within the first 6 months from the day of notification of the scheme.

CHAPTER 3 E COMMERCE ENTITY

Scheme - 9. Compliances for the E-Commerce Entity

(1)     E-Commerce entities shall ensure that the service offered by fleet operators and transport-service providers associated with them are duly licensed as per the provisions of The Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023.

(2)     E-Commerce entities are required to comply with the provisions of the scheme, in cases they own/operate vehicles for either passenger mobility or delivery services.

CHAPTER 4 PENALTY FOR VIOLATION OF COMPLIANCES

Scheme - 10. Penalties on Aggregator or Delivery Service Provider for violation/non-compliances under the Act or the Scheme

(1)     This scheme is made under Chapter V of the Act. These provisions shall be applicable upon an Aggregator or Delivery Service Provider. This scheme shall be applicable and enforceable in addition to the compliances and penalties provided under the Act and shall be read in conjunction with the existing provisions of the Act.

(2)     The Aggregator or Delivery Service provider shall also be responsible for due compliances with the provisions of Motor Vehicles Act, 1988 and Rules made thereunder (as amended from time to time) by their respective vehicles/ drivers/service providers associated with them unequivocally and unconditionally and irrespective of the terms of their association with such vehicles/drivers/service providers.

(3)     Penalties shall beimposed as per Motor Vehicle Act, 1988 and Rules made thereunder for violation or non-compliances under the Act and/or also under the Scheme for the following circumstances.

(i)       Operating without License:

In appropriate cases, if the Competent Authority is of the opinion that whoever is engaged in providing services as an Aggregator or Delivery Service Provider and is operating without a license or otherwise has not been granted a license or whose license has been expired/suspended/revoked, then the Competent Authority shall be at liberty to impose appropriate penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance.

Further, whoever continues to operate as an Aggregator or Delivery Service Provider without license as per Scheme, then upon order of the Competent authority, such vehicles violating this scheme shall be impounded and written notice shall be issued to the Aggregator or Delivery Service Provider.

(ii)      On-boarded vehicles are operated without declaration:

In appropriate cases, if the Competent Authority is of the opinion that the licensee is operating a motor vehicle or a fleet of motor vehicles, details of which have not been registered with the Transport Department, GNCTD through the portal notified as per clause 5 of the scheme, then the Competent Authority shall be at liberty to either suspend the license of the licensee pursuant to clause 10(4) of the scheme and/or shall impose appropriate penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine of five thousand rupees per such non-declared motor vehicle in every single instance.

(iii)     Aggregator or Delivery Service Provider fails to meet fleet conversion targets:

In appropriate cases, if the Competent Authority is convinced that the licensee has failed to comply with the fleet conversion targets as per clause 6(19) and clause 8(4) (whichever applicable), the Competent Authority by way of a reasoned order in writing, shall restrict the licensee to register any new-onboarded vehicle, unless the licensee meets the minimum electric vehicle fleet target and any renewal of the License shall be subject to due compliances with the requirements of the original license.

In case where the Aggregator or Delivery Service Provider is found to be operating or managing or associated or integrated a fleet of conventional vehicles in NCT of Delhi post April 1, 2030, then the Competent Authority shall impose appropriate monetary penalty as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance and shall be at liberty to impound such vehicles.

The Aggregator or Delivery Service Provider shall be allowed a moratorium of one year (365 days) from the date of notification of this scheme for the penalties applicable in circumstance where the licensee fails to meet the fleet conversion targets.

(iv)    Complaints against Aggregator or Delivery Service Provider

The Aggregator or Delivery Service Provider shall ensure effective redressal of the End-users or Drivers grievances on receipt of any complaint concerning the End-user/ the driver/ the condition of the vehicle.

In appropriate cases, if the Competent Authority is convinced that the licensee (Aggregator or Delivery Service Provider) has failed to address the grievances of the end-users or drivers of same/similar nature more than thrice in a month (30 days), Competent Authority shall impose appropriate monetary penalty, as per the provisions of the Act or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees in a single instance.

(4)     Suspension of License:

(i)       The License of any Aggregator or of a Delivery Service Provider shall be suspended, either suo moto by the Competent Authority or pursuant to a complaint filed by an aggrieved person with the Competent Authority, if the Aggregator or the Delivery Service Provider violate any of the provisions of this scheme.

(ii)      Upon suo moto cognizance of any violation, or upon receiving complaint from an aggrieved person(end user/Driver/general public) regarding any violation, that Competent Authority shall issue a show-cause notice to the concerned Aggregator or the Delivery Service Provider. The aggrieved Aggregator or Delivery Service Provider shall be granted a reasonable opportunity to present their respective case in writing within a period of not exceeding 15 (fifteen) days of receipt of the notice/complaint or suo moto action. A personal hearing shall not be granted unless specifically requested for along with cogent reasons to grant of such opportunity and such opportunity shall be granted at the discretion of the Competent Authority. Thereafter, if the Competent Authority decides that the licensee violated the terms and provisions of this scheme, then the Competent Authority shall suspend the license for a period, by way of a reasoned order in writing, which shall not be less than 10 days and which shall not exceed 6 months at a time.

(iii)     Prior to cessation of the suspension period, the Aggregator or Delivery Service Provider shall undertake steps to rectify the violations or non-compliances which resulted into suspension of their License, and they shall file appropriate compliance report before the Competent Authority. Along with this, the Aggregator or Delivery Service Provider shall also file an undertaking with the Competent Authority declaring to comply with the provisions of these. (Form 3)

(iv)    In case, the Aggregator or Delivery Service Provider fails to remedy the violations and file their compliance report and undertaking before the suspension period ends, the Competent Authority shall further extend the suspension order for such time as it may deem fit.

(v)      Provided the total cumulative time-period of successive suspension orders shall not extend beyond 6 (Six) months.

(vi)    Upon perusal of the compliance report and the undertaking filed by the Aggregator or Delivery Service Provider, if the Competent Authority is satisfied that the violation has been remedied and that the undertaking to not repeat the violation is bona fide, then the Competent Authority shall direct that the suspension order in force shall not be extended and further direct that upon expiry of the suspension period the Aggregator or Delivery Service Provider can resume business operations.

(vii)   Where a License is suspended, the Aggregator or the Delivery Service Provider shall immediately stop all operations under the till the time such suspension is revoked.

(5)     Cancellation of License:

(i)       Where the Competent Authority is of the view that there is continued defaults or non-compliance with the provisions of the Act or Scheme in its entirety, the Competent Authority in its discretion, may cancel the License issued to such Aggregator or Delivery Service Provider after providing a reasonable opportunity to be heard.

(ii)      Thereafter, the Competent Authority by way of a reasoned order may cancel the licence, if Aggregator or Delivery Service Provider:

(a)      Has received more than 3 (Three) suspensions within one financial year; or

(b)      During the suspension period, fails to file its compliance report and undertaking with the Competent Authority as per clause 10 for a continuous period of 6 (Six) months; or

(c)      Pursuant to suo moto cognizance by the Competent Authority, or pursuant to a complaint filed by any person, is found to be indulging in penal or criminal offences by the competent court.

(iii)     Where a License is cancelled, the Aggregator or Delivery Service Provider shall immediately stop all operations under the License.

(iv)    Upon cancellation of the License, the security deposit paid by the Aggregator or Delivery Service Provider shall be forfeited and in case of a Bank Guarantee, the Competent Authority shall invoke the Bank Guarantee which shall be paid unconditionally and without reference to the Applicant.

(v)      The Aggregator or Delivery Service Provider may, at any time, voluntarily surrender the License for cancellation. On such surrender of the License, the security deposit including security provided by way of bank guarantee if any shall be returned to the Aggregator or Delivery Service Provider, as applicable, after deduction or collection of outstanding dues, if any.

Scheme - 11. Powers and Responsibilities of the Delhi Government

(1)     The Transport Department, GNCTD shall be empowered to call for such information and documents from the Aggregator or Delivery Service Provider, as deemed fit to ensure compliance of this scheme by the Aggregator or Delivery Service Provider, pursuant to prior written notice.

(2)     The Transport Department, GNCTD shall have the power to conduct search and investigation of the premises of Aggregator or Delivery Service Provider, as specified in Form 1 of this scheme, for the effective implementation of this scheme;

(3)     The Transport Department, GNCTD shall ensure complete confidentiality and secrecy of the documents and information obtained from the Aggregator or Delivery Service Provider under this scheme and any such other information which it may call for.

Scheme - 12. Appeal

(1)     Any licensee aggrieved by the suspension/cancellation order passed by the Competent Authority under this Scheme may, within 30 days of receipt of the order, appeal to the Appellate Authority, as notified by the Transport Department, GNCTD.

(2)     No appeal shall lie after the expiry of the 30-day period, and no delay shall be condoned by the Appellate Authority after the expiry of the 30-day period.

 

Form 1 - Form for Registration of Aggregator or Delivery Service Provider

 

To,

The (Designation),

Competent Authority,

City/State

I, the undersigned hereby apply for a grant of a License for operation as an Aggregator/Delivery Service Provider under the Motor Vehicle , 2023

I hereby declare that the information given above, and other documents enclosed herewith are true to the best of my knowledge. I understand if any information is found to be incorrect at any point in time, the License granted to me is liable to be cancelled besides initiating other legal actions/actions against me. I have gone through the provisions of the Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023, I accept and agree by the same and the reference statutes and Scheme mentioned herein.

Signature of the Applicant/Authorized Signatory

(Along with company seal, as applicable)

 

Form 2 - License Fee

 

(a)      The License Fee under the Scheme shall be applicable based on the fuel-composition of the fleet on-boarded by the Aggregator or Delivery Service Provider at the time of declaration of vehicles on the portal specified by the Department of Transport, Government of NCT of Delhi. For instance, the fee for an electric two-wheeler is INR. 0, while for a Petrol two-wheeler is INR. 250 per vehicle.

(b)      The license fee paid by the Aggregator or Delivery Service Provider per vehicle at the time of declaration shall be applicable till the validity of the license, such that the fee paid for a vehicle on the 1st day of the license shall be valid till the 1095th day.

(c)      The license fee paid by the Aggregator or Delivery Service Provider shall be non-refundable and shall continue to be valid for equivalent number of vehicles on-boarded by the licensee for the validity of the license. Any additional license fee shall be applicable only in case if the net new onboarded vehicles are positive. For instance, an Aggregator plying 50 CNG cars at the time of commencement of the scheme shall have to pay a license fee of INR. 30,000, however, in an event where the Aggregator adds 10 new vehicles, and off-boards 12 existing vehicles, no additional license fee shall be applicable.

(d)      The license fee collected under this scheme shall form an additional revenue source for the State Electric Vehicle Fund, as prescribed under the Delhi Electric Vehicles Policy 2020.

Note - for vehicles which have been onboarded/shall be onboarded by the Aggregator or Delivery Service Provider which have a vehicle age of less than two years on the date of declaration, the License Fee applicable shall be 50% of the above said license fee.

Security Deposit for Aggregator or Delivery Service Provider:

 

Form 3 - Form to file an undertaking with the Competent Authority declaring to comply with the provisions of these.

 

To,

The Competent Authority,

Transport Department,

Government of NCT of Delhi

5/9, Under Hill Road, Delhi - 110054

Sub: Undertaking furnishing details of compliance with the issues raised vide letter no __ of the Transport Department, GNCTD to the XXX (Company name) Sir/Madam,

I ______ a compliance officer with ______ am furnishing the attached details to declare that XXXX (Company Name) is in compliance with the obligations laid down in the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023. Further, as per the letter no __ issued to XXX dated DD/MM/YYYY, we declare that we comply with all the rules and regulations stated in the above mentioned scheme.

Please find attached the documents that state our compliance as per the company records.

Place:

Date:

Signature of the Compliance Officer