GOA MOTOR VEHICLES RULES, 1991

 

PREAMBLE

Whereas certain draft rules which the Government of Goa proposes to make in exercise of the powers conferred by Sections 26, 28, 38, 65, 95, 96, 107, 111, 138, 159, 176 and 213 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) were published as required by Section 212 of the said Act, at pages 77 to 205 of the Official Gazette, Extraordinary, Series I, No. 12, dated 21-6-1990 under Notification No. 5/5/90-TPT, dated 19-2-1990 of Transport Department, Government of Goa, Secretariat, inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date of publication of the said Notification in the Official Gazette;

And whereas the said Gazette was made available to the public on 21-6-1990;

And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Government.

Now, therefore, in exercise of the powers conferred by sections 26, 28, 38, 65, 95, 96, 107, 111, 138. 159, 176, and 213 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), read with section 22 of the General Clauses Act, 1897 and all other powers enabling it in that behalf, the Government of Goa hereby makes the following rules, namely;

CHAPTER I

Rule - 1. Short title and application.

(1)     These rules may be called Goa Motor Vehicles Rules, 1991.

(2)     They shall, save as expressly provided otherwise, apply to and in relation to all motor vehicles in the State of Goa.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:

(a)      Act means the Motor Vehicles. Act, 1988 (Central Act 59 of 1988);

(b)      Assistant Inspector of Motor Vehicles means any officer appointed as such by the Government under the Act, or these rules or under the, rules framed by the Central Government;

(c)      Assistant Director of Transport means any officer appointed by the Government for any area to perform the functions of Assistant Director of Transport under the Act, or these rules or the rules framed by the Central Government;

[1][" (ca) 'Deputy Director of Transport', means any officer appointed by the Government to perform the function of the Deputy Director of Transport under the Act or these rules or the rules framed by the Central Government".]

(d)      Director of Transport means any officer appointed by the Government to perform the functions of the Director of Transport in the State under the Act, or these rules or the rules made by the Central Government.

(e)      Form means a form set forth in the First Schedule or in the rules framed by the Central Government under the Act;

(f)       Government means the Government of Goa;

(g)      Inspector of Motor Vehicles means any officer appointed by the Government to perform the functions of an inspector of Motor Vehicles under the Act, or these rules or the rules framed by the Central Government;

(h)     Passenger means any person travelling in a public service vehicle other than the driver or the conductor or an employee of the permit holder while on duty;

(i)       Schedule means a schedule appended to these rules;

(j)       Section means a section of the Act;

(k)      State means the State of Goa;

(l)       Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.

CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Rule - 3. Licensing Authority.

"[2][The Licensing Authority for any area shall be the Deputy Director or, the Assistant Director of Transport, as the case may be, authorised by the Government to perform the functions of Licensing Authority.".]

Rule - 4. Authorisation to drive public service vehicle.

(1)     No person shall drive a public service vehicle unless an authorisation in the form prescribed has been granted or countersigned by a licensing authority.

(2)     The authorisation shall be effective throughout the State provided the applicant satisfied the licensing authority about his/her topographical knowledge of the area of operation and working knowledge of regional language.

(3)     Subject to the provision of sub-rule (4), a holder of driving licence may at any time apply to the licensing authority in form L.P.S.A. for the grant of authorisation and shall forward his driving licence with such application.

(4)     No authorisation to drive a medium passenger motor vehicle shall be granted unless he has held a driving licence for at least one year to drive light motor vehicle. No such authorisation to drive a heavy passenger motor vehicle shall be granted unless he has held a driving licence to drive light motor vehicle for at least two years or a medium passenger motor vehicle for atleast one year.

(5)     The licensing authority to which application is made as aforesaid, may, if it thinks fit, in order to ascertain whether the applicant is fit person for being granted the authorisation, make enquiries into his character and antecedents, and by notice in writing summon him to appear before it at such time and place as it may appoint. The fee shall be paid along with the said Form L.P.S.A. and the same shall not be refunded under any circumstances.

(6)     If the licensing authority is satisfied that the applicant is in all respects fit to be authorised to drive a public service vehicle, the driving licence held by him shall be signed or countersigned accordingly. The licensing authority shall then return the driving licence to the applicant and shall at the same time if the driving licence was issued by a different licensing authority, send an intimation to such licensing authority in Form L.P.S. The licensing authority shall refuse to grant or countersign the authorisation if it finds that the applicant is not a fit and proper person to be charged with the safe carriage of passengers and property under any of the provisions of these rules or the rules made by the Central Government.

(7)     When a person holding an authorisation to drive a public service vehicle makes an application for its renewal then he shall, if so required by the licensing authority, submit himself to the medical examination by such medical practitioner as the Government may authorise in this behalf and shall obtain a certificate in the form prescribed by the Central Government and forward it to the licensing authority together with the driving licence.

(8)     If the licensing authority on considering the certificate received by him under sub-rule (7) is of the opinion that the applicant is suffering from a disease which makes driving of a public service vehicle by him unsafe, may refuse to renew the authorisation applied for.

(9)     If a licensing authority rejects an application under this rule, it shall inform the applicant in writing, giving reasons, within one month from the date of such rejection and shall also return the driving licence to him.

Rule - 5. Power to make. enquiries of the applicant for driving licence.

Upon the receipt of an application for driving licence, the licensing authority may if it so desires, make such enquiries as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified for holding or obtaining a driving licence.

Rule - 6. Exemption of driver of road roller.

The provisions of sub-section (1) of section 3 of the Act shall not apply to the driver of a road roller.

Rule - 7. Testing Officers.

(1)     The test of competence to drive, as prescribed by the Central Government shall be conducted by an Inspector or Motor Vehicles:

Provided that it shall be competent of the licensing authority to have more than one test of competence to drive.

(2)     Subject to the provisions of sub-section (6) of section 9, the applicant shall furnish a serviceable vehicle of the class to which the application refers provided such vehicle is equipped with braking device which shall be easily accessible to the testing officer and present himself for the test at such time and place as may be specified by the Testing Officer concerned.

(3)     No fee for the test of competence shall be payable by the applicant if he:

(a)      is an ex-service person of Armed forces and produces a certificate of proficiency in driving a motor vehicle from officer of the Armed forces in the Union of India.

(b)      has been exempted by the Government by a special or general order.

(4)     When the applicant has passed the test of competence to drive the motor vehicle, he shall within a month thereof, pay, to the licensing authority a fee as specified in the rules made by the Central Government:

Provided that the applicant unless he shows sufficient reason for not paying the fee within a month, shall be liable to pass a fresh test of competence.

Rule - 8. Appellate Authority.

(1)     The appellate authority for the purpose of subsection (2) of section 17 to hear appeals against any order made under sub-section (8) of section 9 or sub-section (1) of section 17 or sub-section (3) of section 19 shall be the Director of Transport in charge of the Transport Department.

(2)     An appeal to appellate authority under this rule shall be made within 30 days of the communication to him of the order appealed against.

Rule - 9. Conduct and hearing of appeals.

(1)     An appeal referred to in rule 8 shall be preferred in duplicate in the form of a memorandum setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by a fee of twenty five rupees by challan and a certified copy of the order against which the appeal is preferred.

(2)     When an appeal is preferred a notice shall be issued to the licensing authority against whose order the appeal is preferred in such form as the appellate authority may decide.

(3)     The appellate authority shall give to the parties, copies of any document concerned with the appeal on payment of a fee calculated at the rate of ten rupees for the first page and five rupees for each additional page of document.

(4)     The appellate authority may after giving an opportunity to the parties to be heard and after such enquiry, if any, as it may deem necessary, pass such order as it think fit and an order passed by any such authority shall be final.

Rule - 10. Certain requirements of medical certificate.

(1)     The photograph to be affixed to medical certificate in the form prescribed by the Central Government shall be firmly affixed and not merely pinned on the form and the medical practitioner shall affix his signature and seal to the photograph in such a manner that his signature or seal appears partly on the photograph and partly on the form.

(2)     The licensing authority may decline to accept the medical certificate of fitness granted more than one year before the date of application for the grant of licence or renewal of driving licence as the case may be.

Rule - 11. Requirements as to Photograph on the Driving Licence.

(1)     Where at any time it appears to a licensing authority that the photograph affixed to the driving licence has ceased to be a clear likeliness of the holder, the licensing authority may require the holder to surrender the driving licence forthwith and to furnish two clear copies of a recent photograph of himself and the holder shall within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.

(2)     Where the holder fails to comply with a requisition of the licensing authority under sub-rule (1), the driving licence shall cease to be valid on the expiry of the said period.

(3)     Upon receipt of the copies of the photograph as provided in sub-rule (1), the licensing authority shall remove "the old photograph from the driving licence and affix and seal thereto one copy of the new photograph and return the driving licence to the applicant and shall, if he is not the licensing authority by whom the driving licence was issued, forward the second copy of the photograph to that licensing authority by whom the driving licence was issued:

Provided that, if the holder of the driving licence so desires, the licensing authority shall, issue a duplicate driving licence on payment of a fee of twenty rupees with the new photograph affixed thereto and shall destroy the original driving licence. In such a case, if the licensing authority is not the authority by whom the licence was issued, he shall send intimation to that effect to the original licensing authority.

(4)     When a new photograph is affixed to the driving licence a note shall be made on the photograph of the date of affixture.

Rule - 12. Lost or destroyed Driving Licence.

(1)     Where at any time a driving licence is lost by the holder or is destroyed or mutilated, the holder shall forthwith intimate the fact in writing in Form L.L. D. to the licensing authority in whose area he has his place of residence.

(2)     Upon the receipt of intimation as aforesaid, the licensing authority shall, if it is not the authority by whom the driving licence was issued, write to that authority' for particulars of the driving licence and of any endorsements thereon and after making such enquiries as it thinks fit, if satisfied, that a duplicate driving licence may properly be issued, shall issue a duplicate driving licence:

Provided that, where subsequent to the issue of a duplicate driving licence, it is found that there has been an endorsement by a Court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate driving and make the necessary endorsement thereon.

(3)     Where a photograph is required to be affixed to a duplicate driving licence issued under the provisions of these rules, the holder of the driving licence shall furnish to the licensing authority, two clear copies of recent photograph of himself, one of, which shall be affixed to the duplicate driving licence and the other shall be kept on record by the authority issuing the duplicate and intimate the fact to the original licensing authority.

(4)     Where a duplicate driving licence has been issued upon representation that a driving licence has been lost, and the original driving licence is subsequently found or received by the holder, the holder shall immediately return the duplicate driving licence to the licensing authority.

(5)     Any person finding a driving licence shall deliver it to the nearest Police Station or licensing authority. The officer in charge of the Police Station to whom such driving licence is delivered shall immediately forward it to the nearest licensing authority. The licensing authority shall restore the driving licence or substitute it for the duplicate in case such a duplicate has already been, issued.

Rule - 13. Defaced or torn driving licence.

(1)     If at any time it appears to a licensing authority that a driving licence held by any person is so torn or defaced, in such a way so as to cease to be reasonably legible, the licensing authority may impound the driving licence and issue a duplicate.

(2)     When driving licence is impounded as aforesaid then

(i)       Where the photograph on the impounded driving licence is in the opinion of the licensing authority, is in good condition and satisfactorily and conveniently transferable to the duplicate driving licence, the licensing authority may so transfer, affix aril seal the photograph in the duplicate driving licence; and

(ii)      Where the photograph on the impounded driving licence is in the opinion of the licensing authority, not in good condition and cannot be transferred to the duplicate driving licence, the holder of the driving licence shall on demand by licencsing authority furnish two clear copies of the recent photograph of himself, one of which shall be affixed to the duplicate driving licence and sealed and the other copy shall be retained by the licensing authority by whom the driving licence was issued.

Rule - 14. Issue of duplicate driving licence.

(1)     Where a duplicate driving licence is issued under rules 11, 12 or 13, it shall be clearly stamped "Duplicate" in red and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

(2)     If the licensing authority who issues a duplicate licence is not the authority by whom the driving licence was issued, he shall intimate the fact to the original licensing authority.

(3)     If the licensing authority who affixes a new photograph to a duplicate driving licence is not the authority by whom the driving licence was issued, he shall forward the second copy of the photograph to the original licensing authority for record.

(4)     The fee for issue of duplicate driving licence under rules 11, 12 or 13 shall be rupees [3][one hundred,]

Rule - 15. Temporary authorisation in lieu of driving licence.

(1)     Where the holder of a driving licence has submitted the driving licence to a licensing authority or to the authority which issued the driving licence for renewal of for obtaining an authorisation to drive a public service vehicle and has deposited the prescribed fees, or where a notice officer or any competent authority has taken temporary possession of the driving licence for any purpose and the driving licence has not been suspended or cancelled, the licensing authority or the police officer or a person authorised under sub-section (2) of section 206, as the case may be shall give him a temporary acknowledgment for driving licence and temporary authorisation to drive in Form L. Tem.

(2)     No fee shall be payable in respect of temporary authorisation granted under this rule.

Rule - 16. Intimation of disqualification.

(1)     Licensing authority taking possession of a driving licence under Clause (a) of sub-section (2) of section 19 shall if the licence was issued by another licensing authority, intimate the fact to that authority.

(2)     Where a licensing authority declares a person disqualified under sub-section (1) of section 19, shall cause the driving licence to be endorsed accordingly and retain the badge if issued, during the period of disqualification and shall send an intimation of such disqualification to the authority by whom the driving licence was issued.

Rule - 17. Intimation to original authority of renewals and endorsements.

(1)     A licensing authority making additions of the classes of vehicles to the driving licence under section 11 shall if it is not the authority by whom the driving licence was issued, inform of such additions to the original licensing authority in Form L.A. D.

(2)     A licensing authority renewing a driving licence shall inform of such renewal to the licensing authority by whom the driving licence was issued, in Form L.R.

(3)     The Court making or causing to be made an endorsement on a driving licence under section 24 shall send intimation in form L.E. to the licensing authority by whom the driving licence was issued and also to the licensing authority by whom it was last renewed.

Rule - 18. Certificates by automobile association in lieu of driving test.

The Government recognises the Western India Automobile Association for the purpose of second proviso to the sub-section (3) of section 9.

Rule - 19. Report or change of address of driving licence holder.

The holder of any driving licence shall except in the case of temporary absence not involving a change of residence for a period exceeding three months, report within fourteen days of any change of his temporary or permanent address as notified on the driving licence, to the licensing authority by whom the driving licence was issued and to the licensing authority by whom it was last renewed.

Rule - 20. Exemption from payment of fees.

No fee for issue or renewal of a driving licence shall be charged to such class of persons as the State Government by a general or special order specify in this behalf.

Rule - 21. Duties, functions and conduct of drivers of public service vehicles.

(1)     The driver of a stage carriage or a contract carriage (other than a motor cab).

(i)       shall not cause or allow any person, animal or thing to be in the space reserved in the driver's compartment in such a way as to cause impediment to him in having a clear vision of the road or proper control of the vehicle;

(ii)      shall not shout in order to attract the attention of passengers;

(iii)     shall subject to any rules for regulations in force prohibiting the taking up or setting down of passengers at or except at certain specified places, bring the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle and unless there is room in the' vehicle, not allow any person to board the stage carriage. A list of bus stops shall also be displayed in the vehicle;

(iv)    shall not when his vehicle is at rest for the purpose of picking up or setting down passengers, drive the vehicle, unless the person alighting or mounting has already alighted or mounted as the case may be;

(v)      shall at all times exercise all reasonable care and diligence to maintain the vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any break, tyre or lamp thereof is in defective condition and likely to endanger any passenger or other person;

(vi)    shall not smoke while on duty;

(vii)   shall behave in a civil and orderly manner towards passengers and others;

(viii)  shall wear khaki shirt or bush shirt and khaki trousers and shall be cleanly dressed.

The drivers of State Transport Undertakings shall wear such uniform as may be prescribed by the State Transport Undertakings with the approval of the Directorate of Transport:

Provided that, when drivers of such vehicles are or are likely to be called upon to perform duties in an emergency or to receive training, the State Government may, by general or special order, exempt such drivers from the operation of this clause for such period as may be, specified in the order.

(ix)    shall maintain the vehicle in a clean and sanitary condition;

(x)      shall not solicit passengers save in a civil and quiet manner;

(xi)    shall not loiter or unduly delay upon any journey but shall proceed to his destination or near as may be in accordance with the time-table pertaining to the vehicle or where there is not such time-table with all reasonable dispatch;

(xii)   shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical break down or other cause beyond his control, arrange to convey the passengers to their destination in some other similar vehicle or if unable so to arrange within a reasonable time after the failure of the vehicle, shall on demand, refund to each passenger the proportionate amount of fare relating to the non-completion of the journey for which the passenger had paid the fare;

(xiii)  shall not hold more than one badge issued by authority;

(xiv)  shall surrender the badge within seven days to the authority by which it was issued if at any time, the authorisation of his licence entitling him to drive a public service vehicle, stage or contract carriage is suspended or revoked by any authority or by Court or ceases to be valid due to efflux of time;

(xv)   shall, on demand by any Police Officer or any inspector of Motor Vehicles in uniform, produce his driving licence for inspection:

Provided that if at the time his licence is demanded, he is displaying the badge prescribed in rule 25, it shall be sufficient compliance with this sub-rule, if he produces the driving licence within 48 hours at any Police Station in the State or the Police Officer or to the Inspector of Motor Vehicles, as the case may be, making the demand;

(xvi)  shall ensure that the engine is not in motion when the tank of the vehicle is being filled with fuel;

(xvii) shall, whenever the vehicle approaches unguarded level crossing, stop the vehicle and after ensuring that no train is approaching from either direction drive the vehicle continuously till other side of level crossing is reached;

(xviii)   shall, in case of accident of vehicle, assist the passengers and make arrangements of transporting the injured passengers to the nearest hospital and shall also give immediate information or arrange to give information, about the accident to the nearest police station.

(2)     The driver of contract carriage or a stage carriage, in the absence of a conductor or where a conductor on duty for reasons beyond his control cannot perform his duties, shall at the conclusion of any journey, make reasonable search of the vehicle for anything left by any passenger and shall take into his custody anything so found by him or by any other person in such vehicle and as soon as may be, hand over the same to a responsible person at any office or station of the holder of permit of such vehicle;

(3)     No driver of a stage carriage or a contract carriage (other than a motor cab) shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom, he knows or has reason to believe to be suffering from any infectious or contagious disease or the corpse of any person whom he knows or has reason to believe to have died of any such disease;

(4)     Notwithstanding the provisions of sub-rule (3), the driver may, upon application in writing by a registered medical practitioner, allow a person suffering from an infectious or contagious disease to be carried in a stage carriage or a contract carriage provided that no other person, save a person or persons in attendance on the person so suffering, shall be carried in the vehicle at the same time;

Rule - 22. Conduct and duties of drivers of motor cabs.

(1)     The drivers of the first two motor cabs in a row on the stand shall always keep their cabs neat and ready for immediate hiring by any person.

(2)     All drivers shall move their motor cabs up as vacancies occur in the row on the stand.

(3)     No driver shall allow his motor cab to remain on the cab stand if it is disabled, unless the disablement is of temporary nature which can be immediately remedied.

(4)     No driver shall allow his motor cab which is not engaged to remain at any place other than a stand appointed for the purpose nor shall he loiter for the purpose of its being hired in any public place.

(5)     No driver shall prevent or attempt to prevent the first motor cab in a row on the stand from being hired.

(6)     No driver whose motor cab has been engaged for some future time shall keep his cab on the stand unless he is willing to accept any intermediate engagement that may be offered.

(7)     No driver of a motor cab shall make use of his cab in connection with or for furtherance of prostitution.

(8)     A driver of a motor cab shall in absence of a reasonable cause to the contrary, proceed to the destination named by the hirer by the shortest and quickest route.

(9)     No driver of a motor cab shall demand' or charge any fare in excess of that to which he is legally entitled.

(10)   No driver of a motor cab shall terminate the hiring thereof before he has been discharged by the hirer.

(11)   No driver of a motor cab shall shout in order to attract the attention of a passenger.

(12)   The driver of a motor cab shall at all times exercise all reasonable care and diligence to maintain his vehicle in fit and proper condition and shall not knowingly drive the vehicle when it or any brake or tyre or' lamp thereof is in a defective condition, so as likely to endanger the life of any passenger or other person or when there is no sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filling station.

(13)   A driver of a motor cab shall not smoke while on duty.

(14)   A driver of a motor cab shall behave in a civil and orderly manner towards passengers and others.

(15)   A driver of a motor cab shall wear khaki shirt or bush shirt and khaki trousers.

(16)   A driver of a motor cab shall maintain the vehicle in a clean and sanitary condition.

(17)   No driver of a motor cab shall carry passengers in excess of the seating capacity, specified in the registration certificate of the vehicle.

(18)   If at any time the authorisation of a driver's driving licence entitling him to drive the motor cab as public service vehicle is suspended or revoked by any authority or by any Court or it ceases to be valid by efflux of time, the driver shall within seven days surrender the badge to the authority by which it was issued.

(19)   Where a person suffering from an infectious disease or contagious disease or the corpse of any such person has been carried in a motor cab, the driver shall report the fact of such carriage to the medical officer of the nearest Government Health Centre and neither the owner nor the driver shall cause or allow any person to use the vehicle until the driver and the vehicle has been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(20)   No person shall drive any motor cab unless once in every two months it is disinfected with D.D.T., or any other liquid insecticide approved for the purpose by the Government.

(21)   A driver of a motor cab shall on demand by any police officer or an officer in uniform not below the rank of an Assistant Inspector of Motor Vehicles, produce his driving licence for inspection.

(22)   The driver of a motor cab shall at the conclusion of every journey make reasonable 'search in the' vehicle for anything left by any passenger and shall take into his custody anything so found and shall as soon as may be convenient, hand over the same to the officer-in-charge of the nearest Police Station.

(23)   The driver of a motor cab shall, whenever the vehicle approaches any unguarded level crossing, cause it to be stopped and after ensuring that no train is approaching in either direction proceed to cross it cautiously.

(24)   (a) The driver of every motor cab fitted with fare meter shall not set it in motion before it is hired and shall stop it immediately, after the cab arrives at the destination.

Note:-A cab shall be considered to be hired from the time it has been engaged or if called from distance, from the time of such call.

(b) If the driver of any motor cab fitted with fare meter which is hired by any person is unable to proceed owing to any defect in the mechanism or deflation of tyre, he shall at once lower the flag to stop position and shall not restart the meter until the defect is remedied and the journey restarted,

Rule - 23. Conduct of drivers of goods vehicles the driver of a goods vehicles.

(1)     shall not cause or allow any person, or thing to be placed or to be in the space reserved for the driver's seat in such a way as to cause impediment to him in having a clear vision of the road or proper control of the vehicle; '

(2)     shall at all times exercise all reasonable care and diligence to maintain his vehicle in fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in defective condition so as likely to endanger the life of any occupant or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filling station;

(3)     shall in respect of his duties, be responsible for the due observance of the provisions of the Act and these rules;

(4)     shall behave in a civil and orderly manner with the hirers or their nominees and intending hirers or their nominees;

(5)     shall not solicit hirers save in a civil and quiet manner;

(6)     shall not loiter or unduly delay upon any journey but shall proceed to his destination as may be within a reasonable despatch;

(7)     shall take all reasonable precautions to prevent the goods from being spoiled or lost on the way; and

(8)     shall whenever the vehicle approaches an unguarded level crossing, cause it to be stopped and after ensuring that no train is approaching in either direction, proceed to cross it cautiously.

Rule - 24. Badges of drivers of public service vehicles.

(1)     A metal badge shall be issued by the licensing authority to every person authorised to drive public service vehicle, by an endorsement made on driving licence.

(2)     The driver of a public service vehicle shall display on his left breast the requisite metal badge issued under sub-rule (1). No driver shall hold more than one badge of the same type.

(3)     The fee for issue of badge as aforesaid shall be rupees twenty. If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which is was issued on an application made in Form D.T.V.B. accompanied by a fee of forty rupees.

(4)     When an authorisation on a driving licence entitling him to drive a public service vehicle is suspended or revoked by any authority or by any Court or it ceases to be valid due to efflux of time, the driver shall within seven days of such suspension or revocation or cessation, surrender the badge held by him to the authority by whom the same was issued.

Rule - 25. Maintenance of State register of driving licences.

(1)     Every licensing authority shall maintain the State register in the form prescribed by the Central Government.

(2)     The licensing authority as soon as the licence is issued or renewed to a person, shall cause an entry to be made in the State register.

(3)     The State register shall be either a bound book or a Computer disc or tape.

(4)     The register shall be maintained in alphabetical order beginning with the surname.

(5)     Where a person holding a driving licence for any class of motor vehicle, obtains a driving licence of any other class or description of motor vehicle from the same authority, an entry to that effect shall be taken in the State register against his name:

Provided that, if the driving licence is granted by any other authority for any other class of motor vehicle, the licensing authority granting driving licence for any other class or description of motor vehicle, shall make an entry of the name of that person against all classes of motor vehicles, which the person is entitled to drive.

(6)     The licensing authority shall maintain a separate register for the person who are above sixteen and below eighteen year and authorised to drive a two wheeled vehicle without gears.

CHAPTER-III LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Rule - 26. Licensing Authority.

[4]"[The Licensing Authority for any area shall be the Deputy Director or the Assistant Director of Transport, as the case may be, authorised by the Government to perform the functions of the Licensing Authority."]

Rule - 27. When driver or any person can act as conductor without licence.

Where, in an emergency, it becomes difficult for the permit holder to provide for a conductor for his stage carriage, or where a conductor on duty, for reason beyond his control, cannot perform his duties the driver of a stage carriage may for a period not exceeding one month, act as a conductor of a stage carriage without holding a conductor's licence under sub-section (1) of section 29, subject to the following conditions, namely:

(a)      He intimates his intention to do so to the licensing authority within whose jurisdiction he intends to act as a conductor in Form L. Com. Imt.

(b)      He is not disqualified for holding a conductor's licence; and

(c)      He has not on previous occasions acted as a conductor without a licence for a total period exceeding one month.

Rule - 28. Application for grant of conductor's licence.

(1)     An application for a conductor's licence as required by sub-section (1) of section 30 shall be made in Form L. Con. and shall be accompanied by a medical certificate in Form M.C. Con and the fees as provided by sub-section (5) of section 30.

(2)     Upon the receipt of an application for a conductor's licence, the licensing authority after making such enquiries as may reasonably be necessary to establish the identity of the application and after ascertaining that the applicant is not disqualified for holding or obtaining a conductor's licence, may issue such licence in Form L. Con.

Rule - 29. Change of residence.

The holder of conductor's licence shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as notified on the licence to the licensing authority by whom the licence was issued or last renewed.

Rule - 30. Renewal of conductor's licence.

(1)     An application for the renewal of a conductor's licence shall be made in Form L. Con. R. and shall be accompanied by conductor's licence and the fees as provided there for in sub-section (5) of section 30.

(2)     Upon receipt of an application for the renewal of a conductor's licence, the licensing authority may, after making such enquiries as it may deem necessary, renew the licence.

(3)     A licensing authority while renewing the conductor's licence shall intimate the fact of such renewal in Form L. Con. R. R. to the licensing authority by whom the licence was issued.

Rule - 31. Qualifications for grant of conductor's licence.

No person shall be granted a conductor's licence unless he satisfies the licensing authority that:-

(i)       he has adequate knowledge of the provisions of the Act and rules made thereunder relating to the duties and functions of a conductor;

(ii)      he possesses a good moral character;

(iii)     he has passed [5][Xth Std] Examination or an equivalent or higher examination and possesses working knowledge of the language or languages of the area in which he intends to work as a conductor:

Provided that, this clause shall not apply to person who has obtained conductor's licence before the date of coming into force of these rules.

Rule - 32. Appellate Authority.

The authority under sub-section (2) of section 33 and under sub-section (4) of section 34 to hear appeals against the order of the licensing authority shall, be the Director of Transport.

Rule - 33. Conduct and hearing of appeals.

(1)     An appeal under rule 32 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the licensing authority, and shall be accompanied by a fee of Rs. 25/- by challan and certified copy of the order against which the appeal is preferred.

(2)     When an appeal is preferred, a notice shall be issued to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3)     The appellate authority; may give any person interested in an appeal preferred under Chapter III of the Act, copies of any document connected with the appeal, on payment of a fee calculated at the rate of Rs. 10/- for the first page and Rs. 2/- for each additional page of each copy of each document.

(4)     The appellate authority after giving an opportunity to the parties to be heard and after such further enquiry if any, as it may deem necessary, may confirm, vary or set aside the order from which the appeal is preferred and shall make an order accordingly.

Rule - 34. Duties and conduct of conductors of stage carriages.

The conductor of stage carriage:

(i)       shall as far as may be reasonably possible, having regard to his duties, be responsible for the due observance of the provisions of the act and of these rules;

(ii)      shall not smoke while on duty;

(iii)     shall behave in a civil and orderly manner with passengers and intending passengers;

(iv)    shall be cleanly dressed and shall wear khaki shirt or khaki bush-shirt and khaki trouser;

(v)      shall maintain the vehicle in a clears and sanitary condition;

(vi)    shall not solicit passengers save in a civil and quiet manner;

(vii)   shall not interfere with persons who are boarding or preparing to board any other vehicle;

(viii)  shall not allow any person, carried in any stage carriage in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number of passengers permitted under the terms of the permit to be carried standing in the vehicle;

(ix)    shall not, save for good and sufficient reason, refuse to carry any person tendering the legal fare;

(x)      shall not allow any passenger to be carried in any stage carriage without payment of the legal fare, as per the fare table displayed in the vehicles:

Provided that, this clause shall not apply to any Government servant or class of Government servants on duty,-as the Government may, from time to time by notification in the Official Gazette, specify in this behalf.

Explanation:-Where the legal fare is less than one rupee, a demand by such person for change in excess of that sum shall be a good and sufficient reason for refusing to carry such person for the purposes of this clause.

(xi)    shall, where goods are carried on a vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not in danger or unduly inconvenienced, by such goods;

(xii)   shall, not save for good and sufficient reasons, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;

(xiii)  shall not cause the vehicle to loiter or unduly delay upon any journey but shall cause it to proceed to its destination as near as may be in accordance with the time-table, with all reasonable despatch;

(xiv)  shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical break-down or other cause beyond the control of the driver or conductor, arrange to convey the passengers to their destination in some other similar vehicle, or, if unable so to arrange within a period of an hour after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the non-completion of the journey for which the passenger had paid the fare;

(xv)   shall not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(xvi)  shall issue a ticket immediately on payment of the legal fare or freight by the passenger except where arrangements have been made for the issue of tickets outside the vehicle in advance to the intending passengers on payment of the legal fare;

(xvii) shall at the conclusion of any journey make reasonable., search in the vehicle for anything left by any passenger and shall take into his custody anything so found by him or any other person in such vehicle and as soon as may be, make over the same to a responsible person at any office or station of the holder of the permit for the vehicle;

(xviii)   shall not cause or allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to be suffering from an infectious or contagious disease, or the corpse, of any person whom he knows or has reason to believe to have died from any such disease;

(xix)  may, notwithstanding anything contained in clause (xviii) upon application in writing by a registered medical practitioner allow a person, suffering from an infectious or contagious disease to be carried in a stage carriage provided that no other person save a person or persons in attendance on the sick person shall be carried in the vehicle at the same time;

(xx)   shall be responsible, when a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a stage carriage, for reporting the fact to a medical officer of the nearest health center and to the owner of the vehicle and neither the owner nor the driver nor the conductor shall cause or allow any person to use the vehicle until the driver and conductor and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical practitioner;

(xxi)  shall assist the driver and be on the lookout for other motor vehicle approaching from behind and effectively signal their approach to the driver;

(xxii) shall take all reasonable precautions to prevent luggage being miscarried or lost on the way;

(xxiii)   shall not, while on duty, be under the influence of alcohol or of a drug;

(xxiv)   shall, on demand by any passenger, produce the complaint book for recording such remarks as the passenger may desire to make therein;

(xxv)shall not, while he is on duty, permit the vehicle to be used for illegal or immoral purpose;

(xxvi)   shall not permit any fuel to be poured into the fuel tank while the engine is in motion;

(xxvii)  shall, whenever the stage carriage approaches an unguarded level crossing, cause it to be stopped and after alighting therefrom and ensuring that no train is approaching from either direction, cause the vehicle to follow him till the other side of the level crossing is reached;

(xxviii) in case of an accident to the bus, shall make all reasonable efforts to help the injured persons and to inform the nearest police station immediately;

(xxix)   shall help the infants, pregnant ladies, old-disabled or aged passengers and the ladies with child in arm and alight the bus;

(xxx)when driver is taking the bus in reverse, shall get down from the bus and be on the lookout for other motor vehicles or any other obstacle behind the vehicle and effectively give signal to the driver;

(xxxi)   shall not allow any explosive or dangerous or inflammable substances to be carried in the bus either as personal luggage or as cargo;

Rule - 35. Prohibition against holding more than one conductor's licence, etc.

(1)     No person shall hold more than one conductor's licence.

(2)     A conductor of a stage carriage shall, on demand by any police officer not below the rank of a sub-Inspector or any officer of Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles, in uniform or any member of the State Transport Authority or a Regional Transport Authority, within his respective jurisdiction, produce his conductor's licence for inspection provided that, if at the time his licence is demanded, he is displaying the badge specified in rule 40, it shall be sufficient compliance with this sub-rule if he produces the conductor's licence within forty eight hours at any police station which the officer making such demand specifies;

Rule - 36. Requirement as to photographs.

(1)     The copies of photographs required for a conductor's licence shall be of a size not more than fifty millimeters by sixty four millimetres. It shall be taken from front, and shall be in black and transparent colour on colour glazed paper.

(2)     The photograph of the holder when affixed to a conductor's licence shall be sealed with the seal of the licensing authority in such a manner that part of the impression of the seal is upon the photograph and part on the margin;

(3)     If at any time it appears to a licensing authority that the photograph affixed to the conductor's licence has ceased to be clear likeness of the holder, the licensing authority may require the holder to surrender the conductor's licence forthwith and to furnish two clear copies of are cent photograph of himself and the holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly;

(4)     If the holder fails to comply with a requisition by the licensing authority under sub-rule (3), the conductor's licence shall cease to be valid from the date of expiry of the specified time limit.

(5)     Upon receipt of the copies of the photograph as provided in sub-rule (3), the licensing authority shall remove the old photograph from the conductor's licence and affix thereto one copy of the new photograph and after sealing the same, return the conductor's licence to the applicant and shall, if he is not the licensing authority by whom the conductor's licence was issued, forward the second copy of the photograph to the authority which issued the licence:

Provided that, if the holder of the conductor's licence so desires, the licensing authority shall on payment of a fee of Rs. 10/- issue a duplicate conductor's licence with a new photograph affixed thereto and shall destroy the original conductor's licence. In such a case, if the licensing authority is not the authority by whom the conductor's licence was issued, he shall inform the original licensing authority.

(6)     Where a new photograph is affixed to a conductor's licence, a note shall be made upon the photograph of the date of affixture.

Rule - 37. Conductor's licence lost or destroyed.

(1)     If at any time a conductor's licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts, in writing, in Form C.L.D., to the licensing authority in whose area he has his place of residence at the relevant time.

(2)     Upon the receipt of intimation as aforesaid, the licensing authority, shall, if he is not the authority by whom the conductor's licence was issued, apply to that authority for particulars of the conductor's licence and of any endorsements thereon and shall after making such enquiries as he think fit, if satisfied that a duplicate may be issued, issue a duplicate conductor's licence and send intimation to the authority by whom the conductor's licence was issued:

Provided that, where subsequent to the issue of a duplicate licence, it is found that there has been an endorsement by a Court since the date of the grant or last renewal of the original licence, it shall be lawful for the licensing authority to call for such duplicate licence and make the necessary endorsement thereon.

(3)     Where a photograph is required to be affixed to a duplicate conductor's licence issued under the provisions of these rules, the holder of the conductor's licence shall furnish to the licensing authority two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate conductor's licence and the other shall be transmitted by the authority issuing the duplicate conductor's licence to the authority by whom the conductor's licence was issued

(4)     The fees for duplicate conductors licence issued under this rule shall be 3(Rs. 70/-)

(5)     where a duplicate licence has been issued upon representation that a conductor's licence has been lost and the original licence is afterwards found or received by the holder, the holder shall immediately return the duplicate licence to the licensing authority.

(6)     Any other person finding a conductor's licence shall deliver it to the nearest police station or to the nearest licensing authority. The Officer-in-charge of the police station, on receipt of the conductor's licence, shall immediately forward it to the nearest licensing authority. The licensing authority shall restore the conductor's licence to the holder in case the duplicate licence has not been issued, and shall substitute it for the duplicate in case such a duplicate licence has already been issued.

Rule - 38. Defaced or torn conductor's licence.

(1)     If at any time it appears to a licensing authority that a conductor's licence held by any person is so torn or defaced in such a way as it ceases to be reasonably legible, the licensing authority may impound the conductor's licence and issue a duplicate licence.

(2)     In case a conductor's licence so impounded as aforesaid contains a photograph of the holder affixed thereon, then.-

(i)       if the photograph on the impounded conductor's licence is, in the opinion of the licensing authority satisfactorily. :and conveniently transferable to the duplicate licence, the licensing authority may so transfer, affix the photograph to the duplicate licence and seal the same; or

(ii)      if the photograph affixed to a conductor's licence impounded under the provisions of sub-rule (1) is not, in the opinion of the licensing authority such as can be transferred to the duplicate licence, the holder of the conductor's licence shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate licence and sealed and the other shall be recorded by the licensing authority by whom the original conductor's licence was issued.

(3)     The fee for a duplicate licence issued under this rule shall be [6][s. 50/-1]

Rule - 39. Issue of duplicate of conductor's licence.

(1)     When a duplicate licence is issued under rules 36,37 and 38, it shall be clearly stamped 'Duplicate' in red and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

(2)     If the licensing authority which issues a duplicate licence is not the authority by whom the conductor's licence was issued, it shall intimate the fact to that licensing authority.

(3)     If the licensing authority who affixes a new photograph to a duplicate licence is not the authority by whom the conductor's licence was issued, he shall forward the second copy of the photograph, to that licensing authority for record.

Rule - 40. Conductor's badge.

(1)     The licensing authority issuing a conductor's licence shall also issue simultaneously, on payment of fee of [7][Rs. 20/-1 a metal badge inscribed with its name and the work 'Conductor' and an identification number, in the form illustrated in the Second Schedule. If the badge is lost or destroyed, a duplicate badge shall be issued on payment of [8][Rs. 40/-] by the authority which issued it on an application made to it in Form. D.C.B, In case the original badge is later found by the conductor, he shall return the duplicate badge to the issuing . authority, and shall be entitled to a refund of [9][Rs. 20/-]

(2)     While on duty a conductor shall display his badge on his left breast and above the badge a plastic name plate indicating his initials and surname in English. The plastic name plate shall be of the size of 9 cm. X 2 cm.

(3)     No conductor shall lend or transfer to any other person, or permit the use by any other person of the badge issued to him under sub-rule (1).

(4)     if at any time a conductor's licence is suspended or 7:evoked by a competent Authority or by any Court or if it ceases to be valid by efflux of time, the conductor shall, within seven days, of such suspension, revocation or ceaser, surrender the badge to the licensing authority by which it was issued.

Rule - 41. The effectiveness of conductor's licence issued by any State other than the State of Goa.

(1)     The permit holder of the stage carriage shall not employ a person as a conductor having a conductor's licence issued by any licensing authority located outside the State of Goa.

(2)     A person can act as a conductor having a conductor's licence issued in any other State only if that stage carriage is operating in the State of Goa under the reciprocal agreement entered with various State Governments but shall comply with the provisions of rule 34.

CHAPTER IV REGISTRATION OF MOTOR VEHICLES

Rule - 42Registering Authority.

[10][The Registering Authority for any area shall be the Deputy Director or the Assistant Director of Transport as the case may be authorised by the Government to perform the functions of Registering Authority.".]

Rule - 43. Appellate Authorities.

(1)     The authority to hear appeals against any appealable order passed by the Registering Authority under Chapter IV of the Act shall be the Director of Transport.

(2)     The authority to hear appeals against any order passed by any police officer or an inspector of Motor Vehicles under rule 53 shall be the Registering Authority having jurisdiction in the area.

(3)     The authority to hear appeals against an order in respect of Certificate of Fitness under Section 57 read with rule 47 shall be the Registering Authority having jurisdiction in the area, in which the order was passed.

Rule - 44. Conduct and hearing of appeals.

(1)     An appeal referred to in section 57 shall be preferred in duplicate in the form of a Memorandum, setting forth concisely the grounds of objection to the order of the Registering Authority or Inspector of Motor Vehicles or the Police Officer, as the case may be, and shall be accompanied by a fee of Rs. 25/- (Rupees twenty five only) by challan and a certified copy of that order. If the appeals succeed, the Director of Transport or the Registering Authority concerned, as the case may be, shall refund the fees in whole or in part, as he thinks fit.

(2)     The appellate authority, after giving an opportunity to the parties of being heard and after such further enquiry, if any, as it may deem necessary, may confirm, vary or set aside the order of the Registering Authority or the Inspector of Motor Vehicles, or the Police Officer, as the case may be, and shall make an order accordingly.

(3)     Any person preferring an appeal under the provisions of Chapter IV of the Act and of this rule shall be entitled to obtain a copy of any document filed with the Registering Authority in connection with any order against which he is preferring an appeal on the payment of a fee calculated at rate of rupees ten for first page and rupees five for each additional page of each document.

(4)     Subject to the provisions of sub-rule (3), the Registering Authority may give any person interested in appeal preferred under Chapter IV of the Act, copies of any document connected with the appeal, on payment of a fee calculated at the rate of rupees ten for the first page and rupees five for each additional page of each document.

Rule - 45. Temporary registration.

(1)     An application for temporary registration shall be in Form C.R. Tem. A.

(2)     A temporary certificate of registration shall be in Form C.R. Tem. and shall be valid for a period not exceeding one month, unless extended by the Registering Authority.

(3)     The authority granting a temporary certificate of registration shall in cases where the registration under section 40 is proposed to be effected by another authority, forward to the latter a copy of Form C.R. Tem.

(4)     The authority granting a temporary certificate of registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be affixed to the front and rear of the vehicle in the manner prescribed by the Central Government.

(5)     (i) The temporary registration mark to be assigned by any Registering Authority specified in the first column of the Third Schedule shall be as set forth in the corresponding entry in the second column thereof.

(ii) The temporary registration marks to be assigned by the Registering Authority shall be from amongst a block of registration marks allotted by the Assistant Director of Transport concerned from those specified in the Third Schedule aforesaid.

(6)     In case of imported vehicles brought in the State, the owner of the motor vehicle shall apply in Form C.R. Tem. A. to the nearest Registering Authority along with the bill of entry.

(7)     Whenever there is an application for a temporary registration of vehicle, it shall not be necessary to produce the vehicle before registering Authority

[11][" (8) the fees for the grant or renewal of temporary registration shall be" rupees two hundred and fifty " for two and three wheelers, "rupees five hundred " for light motor vehicle and "rupees six hundred for other vehicle "]

Rule - 46. Failure to apply for renewal of registration of motor vehicle other than transport vehicle.

On a failure of the owner in making application for renewal of certificate of registration, under sub-section (8) of section 41, the Registering Authority shall require the owner to pay a compounding fee of rupees twenty-five per calendar month or part there of, provided that the amount shall not exceed rupees one hundred.

Rule - 47. Issue and renewal of certificate of fitness.

(1)     Certificate of fitness shall be issued or renewed by the officer of the Motor Vehicles Department not below the rank of an Inspector of Motor Vehicle or an authorised Testing Station, specified by the Government under sub-section (2) of section 56.

(2)     An application for issue of renewal of certificate of fitness shall be made in Form C. F A. to the officer of the Motor Vehicles Department or the Authorised Testing Station in whose jurisdiction the vehicle normally kept.

(3)     There shall be not more than one certificate of fitness in respect of any vehicle.

(4)     The Officer of the Vehicle Department or the Authorised Testing Station by whom the certificate of fitness was last renewed, may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly before the concerned authority or any Authorised Testing Station specified by the Government located in the jurisdiction of the officer endorsing the certificate.

(5)     If the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed on the certificate of fitness, he shall, apply to the officer of the Motor Vehicles Department, not less than fifteen days before the aforesaid date; for a change in the date, of inspection stating the reasons thereof. If the next date is given by the Authorised Testing Station the owner of the vehicle shall apply, for the change in the date of inspection stating the reasons, to an officer not below the rank of Assistant Director of Transport in whose jurisdiction the vehicle is normally kept and such officer, if satisfied, may specify, the next date before which the vehicle should be produced for inspection before any Authorised Testing Station in his area of jurisdiction or before him.

(6)     If no date, time and place for the next inspection is endorsed on the certificate of fitness as provided for in sub-rule (4), an application for the renewal of a certificate of fitness shall be made in Form C.F.R.A. not less than one month before the date of expiry of the certificate and the owner of the vehicle in respect of which such application is made, shall cause the vehicle to be produced for inspection on such date and at such time and place as the Inspector of Motor Vehicles or Authorised Testing Station may appoint. If the owner of the vehicle fails to make the application on or before the date aforesaid, he shall be liable to pay the full fee prescribed under section 64 in addition to the usual fee chargeable for inspection, and on payment of such fee, a new certificate of fitness may be issued to him.

(7)     If, owing to mechanical break-down or other cause, a motor vehicle, after the expiry date of the certificate, remains outside the area of jurisdiction of the officer of the Motor Vehicles Department by whom the certificate is to be renewed, then the officer of the Motor Vehicles Department, having jurisdiction, may, without prejudice to any penalty to which the owner or driver may have become liable, if satisfied that the vehicle is in his opinion fit for use, may make an endorsement in Form C. F subject to such conditions as he may specify, and authorise its continued use for such time as may reasonably be necessary for the vehicle to return to the area of the officer by whom the certificate is to be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used thereafter without renewal:

Provided that, no Authorised Testing Station situated outside the area of jurisdiction in which the owner should have obtained the Certificate of fitness, shall issue such authorisation to any vehicle under this sub-rule.

(8)     If a vehicle is damaged at any time so as to be unfit for ordinary use but in the opinion of any Inspector of Motor Vehicles, it can be safely driven at a reduced speed to a place of repairs, and if such Inspector is satisfied that it is necessary that the vehicle should be so driven, he may specify in the said Form C.F. the speed and other conditions under which and the time within which, the vehicle may be driven to a specified destination for the purpose of repair.

(9)     When a certificate of fitness has been issued by an Inspector of Motor Vehicles, then he shall be the authority for the purpose of cancellation of the certificate under sub-section (4) of section 56:

Provided that, the certificate of fitness issued by the Authorised Testing Station shall not be cancelled under this sub-rule by an officer not below the rank of Director of Transport unless the vehicle is involved in an accident.

(10)   The authority cancelling the certificate of fitness under sub-rule (9) shall give the owner or other person in charge of the vehicle, a notice in Form C.F.C. and shall along with a report of his action, forwarded the certificate of fitness, certificate of registration and permit if any, to the Registering Authority under whose direction and control he may be:

Provided that if the certificate of fitness issued by the Authorised Testing Station is to be cancelled, an officer not below the rank of Director of Transport shall send a copy of this notice to the Authorised Testing Station by whom the certificate of fitness was issued.

After the authority has cancelled the certificate of fitness such authority after making an endorsement in Form C. F X. shall specify the time and the conditions subject to which the vehicle may be driven to a specified destination for the purpose of repair.

(11)   Nothing in sub-rule (9) shall debar the owner or the person in charge of the vehicle, in respect of which the certificate of fitness has been cancelled, from applying at any time of the restoration of the certificate of fitness if the vehicle has been repaired in such a manner that the provisions of Chapter V of the Act and the Rules made thereunder are complied with. If such a vehicle is inspected and passed within fourteen days of the date of cancellation of the certificate of fitness but before the date of expiry as specified in such certificate, no restoration fees shall be charged. If, however, the vehicle is brought for inspection at any later date, fresh certificate of fitness will be required:

Provided that, notwithstanding anything contained in this rule, the renewal fee in such a case shall be in addition to the usual fee as prescribed by the Central Government chargeable for inspection.

(12)   While inspecting a motor vehicle, the authority or the Authorised Testing Station shall fill in Form M. V Insp. in duplicate, and shall, on completion of inspection, deliver the original copy to the owner or his driver.

Rule - 48. Loss or destruction of certificate of fitness.

(1)     If a certificate of fitness is lost or destroyed, the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply, for a duplicate certificate, in Form C.R.L.D. accompanied by a fee of rupees twenty.

(2)     Upon receipt of the loss or destruction of a certificate of fitness, the authority shall furnish the owner with a duplicate copy of the duly stamped "Duplicate" in red ink.

(3)     Where a duplicate certificate of fitness has been issued upon representation, that a certificate of fitness has been lost and the original certificate of fitness is afterwards found or received by the holder, the holder shall immediately return the duplicate certificate of fitness of the registering authority or the Authorised Testing Station.

(4)     Any other person finding a certificate of fitness shall deliver it to the nearest police station or nearest Registering Authority. The Officer-in-charge of the police station on receipt of the certificate of fitness shall immediately forward it to the nearest Registering Authority. The Registering Authority shall restore the certificate of fitness to the holder of the certificate of fitness in case the duplicate certificate of fitness has not been issued, and shall substitute it for the duplicate in case such a duplicate has already been issued.

(5)     No person shall be punished for an offence under section 130, if the person to whom the demand to produce the Registration Certificate or the driving licence is made, produces before such officer making the demand, a receipt or other acknowledgement, in lieu of Registration Certificate or driving licence issued by such officer or authority and thereafter produces the licence or Registration Certificate as the case may be.

Rule - 49. Torn or defaced certificate of fitness.

(1)     If at any time it appears to the Registering Authority that the certificate of fitness is so torn or defaced in such a way so as to cease to be reasonably legible, he may impound such certificate, and direct the owner to apply in Form C.R.L.D., for a duplicate certificate.

(2)     Upon receipt of an application under sub-rule (1) together with a fee of Rs. 20/- (Rupees twenty only), the Inspector of Motor Vehicles or the Authorised Testing Station shall issue a duplicate certificate of fitness clearly stamped "Duplicate" in red ink.

Rule - 50. Exemption from payment of registration fees.

The following shall be exempted from payment of registration fee payable under chapter IV of the Act:

(a)      Such foreign consular officers, or such international officers, or such international organisations or associations (being bodies which in the opinion of the Government are engaged in the development of economic resources and production capacities of the country) and their officers as may be notified by a general or special order of the Government.

(b)      Owners of-

(i)       tractors intended to be used solely for agricultural purposes;

(ii)      motor cars, ambulance and hearse and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief, and

(c)      any Government in respect of motor vehicles belonging to them

Rule - 51. Loss or destruction of certificate of registration.

(1)     When at any time a certificate of registration is lost or destroyed, the owner shall forthwith intimate the fact in writing sued or by whom the registering mark of the vehicle was assigned under section 47 and shall apply in Form C.R.L.D. to that authority for the issue of a duplicate certificate.

(2)     Upon receipt of an application under sub-rule (1) together with the fee as prescribed by the Central Government, the Registering Authority shall issued a duplicate certificate of registration in Form G prescribed by the Central Government and clearly stamped "Duplicate" in red ink.

(3)     When a duplicate certificate of registration has been issued upon representation that the original certificate of registration has been lost and the original certificate or registration is afterwards found or received by the holder, the holder shall immediately return the duplicate certificate of registration to the Registering Authority.

(4)     Any other person finding a certificate of registration shall deliver it to the nearest police station or nearest Registering Authority. The Officer-in-charge of the police station on receipt of the certificate of registration shall immediately forward it to the nearest Registering Authority. The Registering Authority shall restore the certificate of registration to the holder of the certificate of registration or substitute it for the duplicate in case such a duplicate has already been issued.

Rule - 52. Torn or defaced certificate of registration.

(1)     If at any time it appears to a Registering Authority that a registration certificate held by any person is so torn or defaced in such a way so as to cease to be reasonably legible, the Registering Authority may impound such certificate and direct the owner thereof to apply in Form C.R.L.D. to the Registering Authority by whom the certificate was issued or by whom the registration mark of the vehicle was assigned under section 47 or a duplicate certificate was issued.

(2)     If the Registering Authority who impounds such certificate is not the authority by whom the certificate was issued or the fresh registration mark was assigned, it shall intimate the action taken under sub-rule (1) to the authority by whom the certificate was issued or the fresh registration mark was assigned, as the case may be.

(3)     On receipt of the application under sub-rule (1) together with the fee as prescribed by the Central Government the Registering Authority shall issue a duplicate certificate of registration in Form prescribed by the Central Government and clearly stamp the word "Duplicate" in red ink.

Rule - 53. Authority to suspend certificate of registration and examination of vehicles.

(1)     Any magistrate of the first class or any police officer not below the rank of Deputy Superintendent and any officer of the Motor Vehicles Department not below the rank of Inspector of Motor Vehicles may suspend the registration of a motor vehicle under clause (b) of sub-section (1) of section 53.

(2)     Any officer of the Motor Vehicles Department not below the rank of an Assistant Inspector of Motor Vehicles may stop any motor vehicle, if in his opinion the use of such vehicle in a public place, is likely to constitute danger to the public and examine such a vehicle on a public road or subject to the consent of the owner, at the owner's premises or at any premises' where the vehicle is kept for the time being.

Rule - 54. Amount payable in lieu of action for failure to give timely intimation under sub-section (3) of section 50.

The amount payable by any person in lieu of action against him under sub-section (3) of section 50 for failure to give timely intimation about transfer of ownership as required therein shall be at the rate of twenty five rupees per calendar month or part thereof by which the giving of such intimation is delayed by such person:

Provided that the amount so payable shall not exceed one hundred rupees.

Rule - 55. Assignment of new registration mark.

(1)     Application for a new registration mark under sub-section (1) of section 47 shall be in the form prescribed by the Central Government.

(2)     The Registering Authority shall, before assigning a registration mark under sub-section (1) of section 47 or before entering the particulars of transfer of ownership of a motor vehicle in the certificate of registration, require the owner or, as the case may be, the transferee, to produce the motor vehicle before itself or before the Inspector of Motor Vehicles, in order that the Registering Authority may satisfy itself that the particulars of the vehicle recorded in the certificate of registration are correct and the vehicle complies with the provisions of this Chapter.

(3)     The owner of motor of the motor vehicle which is registered in any one State and is brought into or is for time being kept in the State shall intimate to the Registering Authority in whose jurisdiction the vehicle is kept for use in Form F.T. within seven days from the date of entry of the motor vehicle in the State.

(4)     If the owner of the motor vehicle or the person in possession of the motor vehicle fails to apply for the assignment of new registration mark under sub-section (1) of section 47, he shall be liable to pay the amount of Rs. 50/- (Rupees fifty only) for the default for first month and Rs. 25/- (Rupees twenty five only), for the default of subsequent months, if continued:

Provided that, the total amount so payable under this rule shall not exceed one hundred rupees.

(5)     The Registering Authority assigning a new registration mark to a motor vehicle, shall, in Form R.M.I., intimate the Registering Authority which originally issued the certificate of registration, that a new registration mark has, been assigned to the motor vehicle and call for the records of registration of vehicle or certified copies thereof. The Registering Authority shall, simultaneously inform the owner and the other party, if any, to an agreement of hire-purchase, specified in the note appended to the certificate of registration of such new registration mark.

Rule - 56. Exemption of road plant.

Nothing contained in Chapter IV of the Act shall apply to road rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads.

Rule - 57. Supply of copies particulars of registration.

A Registering Authority may in his discretion supply copies of the particulars of any motor vehicle registered in the records maintained by him to any person who may apply for the same. For every such copy in respect of ten or less number of vehicles, a fee of rupees ten shall be charged:

Provided that, the Government may, if it is of the opinion that it is in that public interest so to do by general or special order:-

(a)      exempt any Government Department, local authorities, Associations, or bodies of individuals from payment of the fee chargeable under this rule; or

(b)      reduce the fee payable by any such Department, Local Authorities, Association or bodies of individuals to such extent as may be specified in the order.

Rule - 58. Notice of alteration of motor vehicle under sub-section (1) of section 52.

Power of registering authority to require production of certificate of registration.-

(1)     The notice by the owner of motor vehicle to the Registering Authority in accordance with sub-section (1) of section 52 shall be in Form B.T.I.

(2)     The Registering Authority may on receipt of such notice, require the owner of a motor vehicle to produce the certificate of registration in respect of the vehicle before him or his nominee within seven days from the date on which such requisition was made for the purpose of the revision of the entries, therein, and the owner of such a motor vehicle shall produce the certificate of registration to the Registering Authority.

Rule - 59. Intimation regarding stolen recovered motor vehicles.

(1)     An officer-in-charge of the police station where the theft of a motor vehicle is reported by the owner or any other person in possession of the vehicle, shall, immediately after the registration of an offence, send', intimation to the Director of Transport in Form M.V.T. and send a copy thereof to the Registering Authority where the vehicle is registered.

(2)     The police officer shall also simultaneously send one copy of intimation to all other registering authorities located in Goa.

(3)     On receipt of this intimation under sub-rule (1), the Director of Transport shall inform all the registering authorities the details of the stolen vehicle in Form M.V.T.R.

(4)     The Director of Transport shall also maintain a register of stolen vehicles in Form M.V.T. Reg. (T).

(5)     The Registering Authorities shall maintain the register of stolen vehicles in Form M.V.T. Reg. (R) on the basis of the intimation received from the Director of Transport or from the police officer as the case may be.

(6)     If the vehicle reported to be stolen is recovered, the police station which recovered the vehicle shall intimate the fact in Form M.V.T.R. to the Director of Transport and relevant Registering Authority.

(7)     Upon receipt of intimation under sub-rule (6) the Director of Transport and the Registering Authority shall take a note of such recovery in the register maintained in Forms under sub-rules (4) and (5).

Rule - 60. Maintenance of State register of motor vehicles.

(1)     The Registering Authorities shall maintain a 'State register of Motor Vehicles' in such form as may be prescribed by the Central Government.

(2)     This register may be either in bound book form or computer disc or tape.

(3)     As soon as the vehicle is registered the necessary entries shall be taken up or entered in the State Register of motor vehicles.

(4)     The State Register for motor vehicles shall be maintained according to the class of the vehicle e.g. transport or non-transport and also if the registration of all types of vehicles is in large number, according to the detailed classification of the vehicles e.g. two wheeler, cars, goods carrier, tractors etc. as may be decided by the Registering Authority.

CHAPTERV CONTROL OF TRANSPORT VEHICLES

Rule - 61. State Transport Authority.

(1)     The State Transport Authority shall meet at such times and at such places as its Chairman may appoint, provided that it shall meet not less than twice in each year.

(2)     Not less than seven days, notice shall be given to every member of any meeting of the State transport Authority.

(3)     The Government may, at any time, remove any member of the State Transport Authority.

(4)     Subject to the provisions of sub-rule (3), a non-official member of the State Transport Authority shall hold office for a period of three years and thereafter until a successor is appointed:

Provided that, when any such member dies or is removed or vacates office, his successor shall hold office for the remainder of the period of office of the member whose place he takes and thereafter until a successor is appointed.

(5)     The quorum to constitute a meeting of the State Transport Authority shall be the Chairman of the State Transport Authority and two other members either official or non-official.

(6)     The Chairman shall have a second or casting vote.

(7)     The Director of Transport or such other officer appointed by the Government, by notification in the Official Gazette, shall be the Secretary of the State Transport Authority.

Rule - 62. Regional Transport Authorities.

(1)     The Regional Transport Authority shall meet at such times and at such places as its Chairman may appoint:

Provided that, it shall meet not less than once in two months unless the State Transport Authority otherwise directs.

(2)     Not less than seven days notice shall be given to every member of any meeting of the Regional Transport Authority.

(3)     A member of the Regional Transport Authority shall attend at least four meetings in each financial year. The Government may, at any time remove any such member from office on his failure to attend the minimum number of meetings fixed under this rule or for breach of any other provisions of these rules.

(4)     Subject to the provisions of sub-rule (3), a non-official member of the Regional Transport Authority shall hold office for a period of three years and thereafter until a successor is appointed provided that, when any such member dies or is removed or vacates office, his successor shall hold office for the remainder of the period of office of the member whose place he takes and thereafter until a successor is appointed.

(5)     The quorum to constitute a meeting of the Regional Transport Authority shall be the Chairman of that Authority and one other member whether official or non-official.

(6)     The Chairman shall have a second or casting vote.

(7)     The Assistant Director of Transport or any other officer appointed by the Government shall be the Secretary of the Regional Transport Authority.

Rule - 63. Conduct of Business of Transport Authorities.

(1)     A Secretary appointed under these rules shall perform such duties and exercise such powers as may be specified in these rules and in the bye-laws made by the Transport Authority under sub-rule (2).

(2)     Subject to the provisions of the Act and these rules and to the approval of the Government, a State or Regional Transport Authority shall have power to make bye-laws to regulate the conduct of its business and shall likewise have power to amend or rescind such bye-laws and the business of such Transport Authority shall be conducted according to such bye-laws under the direction of Chairman.

(3)     In the event of procedure by circulation being followed, the Secretary shall send to each member of the Transport Authority such particulars of the matter as may be reasonably necessary in order to enable the member to arrive at a decision and shall specify the date by which the votes of members are to be received in the office of the Transport Authority. Upon receipt of the votes of members as aforesaid, the Secretary shall lay the papers before the Chairman who shall record the decision by endorsement on the form of application or other documents, as the case may be, according to the votes received and the vote or votes cast by the Chairman. The record of the votes cast shall be kept by the Secretary and shall not be available for inspection by any person save by a member of the Transport Authority at a regularly constituted meeting of Transport Authority. No decision shall be made upon procedure by circulation if, before the date by which the votes of members are required to reach the office of the Transport Authority, not less than one third of the number of members of the Transport Authority by notice in writing to the Secretary, demand that the matter be referred to a meeting of the Transport Authority.

(4)     The number of votes, excluding the Chairman's second or casting vote, necessary for a decision to be taken upon procedure by circulation shall not be less than the number necessary to constitute a quorum.

(5)     The State or the Regional Transport Authority, as the case may be, may require any applicant for a permit to appear before it or before the officer authorised by it by a Resolution and may withhold the consideration of the application for the permit until the applicant has so appeared in person if so required, a by a duly authorised representative if so Permitted, and until the applicant has furnished such information as may be required by Transport Authority in connection with the application.

(6)     Nothing contained a this rule shall prevent a State or Regional Transport Authority from deciding by following the procedure by circulation any matter which has been considered 'at a meeting or has been the subject of a hearing and upon which a decision lays been reserved.

(7)     Where a matter is decided by the votes of members present at a meeting of a State or Regional Transport Authority, no person other than a member of the Transport Authority shall be entitled to be present ant no record of the voting shall be kept save of the number of votecast on either sides provided that, when any matter is decided by the exercise of the second or casting vote of the Chairman Or the Presiding Officer the fact shall be recorded.

Rule - 64. Delegation of Powers by Regional Transport Authority.

(1)     A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to the restriction, limitation and conditions herein specified, delegate-

(a)      to the Assistant Director of transport all or any of its following powers, namely:

(i)       power under sub-section (1) of section 76 to grant, refuse or renew a Private Service Vehicle Permit;

(ii)      powers under sections 66 and 74 to refuse a contract carriage permit, to grant with or without modification such an application, and attach conditions to the permit;

(iii)     powers under sections 66 and 79 to grant with or without modification or refuse goods carriage permit and power to impose conditions under sub-section (2) of section 79 or vary the conditions thereof;

(iv)    powers to attach to stage carriage permit conditions under sub-section (2) of section 72, or to vary the conditions thereof;

(v)      powers to renew goods carriage permit and contract carriage permits under section 81 and to renew, countersign any such permits;

(vi)    powers under sub-section (3) of section 82 of the Act to transfer permit;

(vii)   power under section 83 to permit the replacement of one vehicle by another;

(viii)  powers under section 86 to suspend a permit or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) of the said section;

(ix)    power under section 87 and under sub-sections (7) and (8) of section 88 to grant or refuse to grant a temporary or as the case may be, a special permit;

(x)      power under sub-sections (1) and (3) of section 88 to countersign a permit or to attach or vary conditions thereof;

(xi)    power under sub-section (12) of section 88 to grant, renew and refuse the National Permit for goods carriage;

(xii)   power under rules 147, 148 and 149 to grant, refuse or renew licences of Agents or power under rule 149 to suspend a licence or to recover from the holder thereof sum of money agreed upon in lieu of suspension:

Provided that, the Assistant Director of Transport shall-

(i)       keep informed the Regional Transport Authority from time to time of the action taken by him in pursuance of the power delegated; and

(ii)      arrange to paste on a notice board on the premises of the office of the Regional Transport Authority, a copy of every resolution of that Transport Authority delegating its powers to him:

Provided further that, the delegation of powers referred to in sub-clause (iii) of clause (a) of this sub-rule shall also be subject to the condition that the Regional Transport Authority shall ensure that the Assistant Director of Transport in exercising the said powers in relation to application for contract carriage permits shall have due regard to the views of such committee as may be appointed by the Government for this purpose, from time to time and where in any case the Assistant Director of Transport differs from such views, he shall record his reasons thereof.

(2)     Notwithstanding anything contained in this rule, a Regional Transport Authority may from time to time, issue instructions to the Assistant Director of Transport as to the manner in which he shall exercise the powers delegated to him.

Rule - 65. Delegation of Powers by State Transport Authority.

(1)     The State Transport Authority may, by a general or special resolution recorded in its proceedings, delegate-

(A)     (a) its powers under section 88 to countersign permits granted in other State as a result of any reciprocal agreement arrived at with that State and also its powers under section 86 to cancel or suspend such permits, to the Director of Transport;

(b) its powers under section 87 and under sub-sections (7) and (8) of section 88 to grant or to refuse to grant a temporary, or as the case may be, a special permit, to the Director of Transport;

(c) its powers under section 214 to direct the stay of order passed by the original Authority against which an appeal has been preferred or application for revision has been made to it, to the Director of Transport;

(B)     to a Committee of one or more members of that Authority, as that Authority may appoint or to an officer of the Motor Vehicles Department not lower in rank than Assistant Director of Transport; powers mentioned below, namely:

(i)       to attach to a stage carriage permit conditions under sub-section (2) of section 72 or to vary the conditions thereof;

(ii)      to attach to a permit other than a stage carriage permit, conditions including those under sub-section (11) of section 88 read with subsection (2) of section 74 or to vary the conditions thereof;

(iii)     to renew a permit, and to renew the countersignature of such permit;

(iv)    to permit replacement of one vehicle by another under section 83;

(v)      to grant stage carriage permits to the State Transport Undertakings on inter-State routes agreed upon between two States in accordance with reciprocal agreements;

(vi)    its powers under sub-section (3) of section 82 of the Act to transfer permit;

(vii)   to grant, renew, refuse or to cancel a permit under sub-section (9) of section 88 of the Act;

(viii)  to suspend a permit referred to in this clause and in clause (c) of subsection (1) of Section 86, or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (6) of the said section 86;

(2)     The State Transport Authority may, for the Prompt and convenient despatch of its business, by a general or special resolution, delegate to its chairman, its powers to give effect to any directions slued under section 67 by the Government.

(3)     Notwithstanding anything contained in sub-rules (1), (2), (4) and (5), the State Transport Authority may give general instructions as to the manner in which the officers shall exercise the powers delegated to them.

(4)     All orders of delegations made by the State 'transport Authority under sub-rules (1), (2) and (3), shall he displayed on a notice board at the office of that Authority.

(5)     The officers to whom the powers are delegated shall intimate the action, taken by them in pursuance of the powers delegated, to the Secretary of the State Transport Authority who shall place them before that Authority from time to time

Rule - 66Exemption from section 66.

The provisions of subsection (1) of section 66 shall not apply to any transport vehicle used as relief for carrying passengers and their luggage horn a disabled stage carriage to their destination.

Rule - 67. Disposal of application for contract carriage, goods carriage and private service vehicle permit.

(1)     When an application for contract carriage permit or a goods carriage permit or a private service vehicle permit is received by he Secretary of the Regional Transport Authority he shall examine whether the powers to deal therewith has been delegated to the Assistant Director of Transport under rule 64 and forward the same to him for disposal if it has boon so delegated.

(2)     In case where the application referred to in sub-rule (1) is required to be considered by the Regional Transport Authority, the Secretary shall scrutinise whether the application is in order and all for such further particulars and make such other inquiries as he may consider necessary and shall subject to any general directions of Regional Transport Authority, decide whether the application be disposed off by the circulation procedure or at the meeting of Transport Authority.

(3)     Normally the application referred to in sub-rule (1) shall be disposed off within one month the receipt thereof.

Rule - 68. Power of refusal to accept applications for permits.

(1)     Where time Government by notification in the Official Gazette directs the transport Authorities to limit the number of stage carriage generally or of any specified type under sub-section (3) of section 71, sub-section (3) of section 74 and has limited the number of vehicles of any class for which permits may be granted in any specified area of any specified route and has actually granted permits equal to the maximum slumber of vehicles of army class, in such area or as lire case may be, on such route, the Regional Transport Authority shall notify this fact on the notice board of its office and may decline to receive any further fur permits in respect of class of vehicles in the area or on the route aforesaid.

Rule - 69. Reservation of permits granted under section 71 and 88.

Where the number of stage carriages are fixed under clause (a) of sub-section 3) of section 71, the vacancies available shall be 13 percent and 7 percent for Schedule Caste and scheduled tribe respectively.

Rule - 70. Power of transport Authorities to demand proof of documentary evidence.

It shall be lawful for any Transport Authority competent to grant the permits for which a reservation is made under rule 69 to direct any applicant for grant of such permit to produce such documentary evidence as may be deemed necessary to ascertain his eligibility for a permit from amongst the reserved vacancies.

Rule - 71. Matters for consideration of application for stage carriage permit.

In addition to the matters mentioned in sub-clauses (i) and (ii) of clause (d) of sub-section (3) of section 71, the Regional Transport Authority may also consider the application from educated un-employed persons, project affected persons, persons having a Diploma in Automobile Engineering and/or a Diploma in Tourism or Transport Management from a recognised Institute, or a Travel Agent recognised by India Tourism Development Corporation or the Goa Tourism Development Corporation.

Rule - 72. Forms of applications for permits.

(1)     Every application for a permit in respect of any transport vehicle shall be in one of the following Forms that is to say:-

(i)       In respect of service of Stage Carriage in Form P Co. S.A.;

(ii)      In respect of a particular contract carriage in Form P Co. P A.;

(iii)     In respect of a Goods carriage in Form P Gd. C.A.;

(iv)    In respect of a temporary permit in Form P Tem. A.;

(v)      In respect of a private service vehicle permit in Form P Pr. S.A.

(vi)    In respect of a special permit in Form P. Co. Sp. A.

(2)     The application shall be accompanied by the fee, specified in rule 76:

Provided that, such application may be addressed to the Director of Transport, if the powers of the State Transport Authority are delegated to him, and to the Assistant Director of Transport if the powers of the Regional Transport Authority are delegated to him under rule 64 or rule 65.

Rule - 73. Forms of permits.

(1)     Every permit shall be in one of the following Forms, that is to say:

(i)       In respect of a service of stage carriage ... in Form P St. S.;

(ii)      In respect of a particular contract carriage ... in Form P. Co. P;

(iii)     In respect of casual contract carriage ... in Form P Co. S.;

(iv)    In respect of contract carriage to be used for private hire ... in Form P Co. Pr.;

(v)      In respect of a goods carriage permit ... in Form P Gd. C.;

(vi)    In respect of a temporary permit ... in Form P Tem.;

(vii)   In respect of a private service vehicle permit ... in Form P Pr. S.;

(viii)  In respect of a special permit ... in Form P Co. Sp.

(ix)    In respect of a tourist vehicle permit ... in Form P Co. T.;

(x)      In respect of a National Permit ... in Form N.P. Gd. C. P;

(2)     Every permit shall be sealed and signed by the Transport Authority by which the permit is issued and by the Transport Authority by which the permit is countersigned.

Rule - 74. Entry of registration mark on permit.

(1)     Where the registration mark of the vehicle is to be entered on the permit it and the applicant is not at the date of application, the registered owner of the vehicle, then the applicant shall, within one month of the sanction of the application by the Regional Transport Authority, or such longer period as such Transport Authority, may specify, produce before that Authority the certificate of registration of the vehicle registered in his name in order that particulars of the registration mark may be entered in the permit.

(2)     No permit shall be issued until the registration mark of the vehicle to which it relates has, if the form of permit so requires, been entered therein and in the event of any applicant failing to produce the certificate of registration within the prescribed period, the Regional Transport Authority may withdraw its sanction of the application.

Rule - 75. Extension of area of validity of permit.

(1)     Subject to the provision of section 88, a Regional Transport Authority which issues ii permit (hereinafter referred to as the original Transport Authority), other than a permit in Form P St. S.; a permit in Form P St. P and a permit, in Form P. Co. S., may extend the effect of the permit to any other region within the State and may attach conditions to the permit with respect to such other region and may vary the conditions of the permit in different regions:

Provided that, subject to the provisions of sub-rule; (2), the vehicles to which the permit refers are normally., kept within the region of the original Transport Authority.

(2)     The original Transport Authority may issue permit having validity in any other region in accordance with any general or special resolution corded by any other Regional Transport, authority, and any permit so issued shall be of like effect in the region of the other Transport Authority if it were issued by that Transport Authority.

(3)     Subject to the provisions of sub-rule (2), the original Transport Authority may issue a contract carriage permit to be operative in another region or regions if it attaches a condition to the permit: to the effect that the vehicle or vehicles shall only be, used beyond the region of the original Transport Authority under contract for a return journey commencing and ending within the region of the original Transport Authority and shall not be offered for hire when outside that region.

(4)     Every application for the grant of permit finder sub-section (9) of section 88 in respect of a Tourist vehicle shall be made to the State 'Transport Authority in Form prescribed by Central "Government and shall be accompanied by the fee specified in sub-rule (2) of ruler 76. The original Transport Authority which issues a permit to be operative in any other region shall send a copy of the permit to the authority of the other region.

(5)     Nothing in this rule shall affect the right of the holder of any permit to apply to any Regional transport Authority for countersignature of a permit.

(6)     Where the State has entered into reciprocal arrangements with any other State, the regional Transport Authority shall not grant any special permit valid in any other part of that State in accordance with sub-section (8) of section 88 except in conformity with terms of the reciprocal agreements.

(7)     A special permit granted by a Regional Transport Authority of another State in accordance with the sub-section (8) of section 88 shall, unless the reciprocal agreement between the two States provides otherwise, be valid without countersignatures subject to the following conditions, namely:

(i)       the tax payable to 'the State according to the Goa Motor Vehicles Tax Act, 1974 and the Goa Motor Vehicles Tax Rules, 1974 is paid in advance.

(ii)      The period of validity of a special permit in the State shall not exceed a period of three months:

Provided that, the Regional Transport Authority in whose jurisdiction the vehicle enters, may extend the validity of the special permit for a period not exceeding one month.

(8)     A permit granted in another State shall be valid in the State without countersignature, if

(a)      the vehicle in respect of which such permit may have been granted is used on a route the terminal points of which are situated in such other State and which passes over a distance of not more than 18 kilometres in the State, and

(b)      such other State also extends similar facility to the holders of permits granted in the State.

(9)     Every application for the grant of permit under sub-section (9) of section 88 in respect of a tourist vehicle shall be made to the State Transport Authority in Form 45 as specified under the Central Motor Vehicles Rules, 1989 and shall be accompanied by the fee specified in rule 76.

(10)   On receipt of an application under sub-rule (9), the State Transport Authority shall follow the same procedure in considering the application as is prescribed for considering an application for the grant of a contract carriage permit under the Act and these rules, and may grant the permit in Form P Co. T

(11)   Where a permit is granted under sub-rule (10), the State Transport Authority shall forward to every other State Transport Authority, information relating to-

(i)       the number of the permit and the registration mark and other particulars of the vehicle necessary for the purpose of its identification;

(ii)      the suspension or cancellation, if any, of the permit; and

(iii)     the grant of stay, if any, where on appeal or revision a stay has been granted, and when the appeal or revision is finally decided, such decision.

(12)   The State Transport Authority shall also forward to every other State Transport Authority, at intervals of not more than three months, a statement giving information in regard to the number of permits and the dates of expiry of such permit.

(13)   Every application for the grant of a National Permit in respect of a Goods shall be made to the Regional Transport Authority and shall accompanied be accompanied by a fee of Rs. 100/-

(14)   On receipt of an application under (13), the Regional Transport Authority, shall fallow the same procedure in considering the application as is prescribed for considering the application for the grant of a goods carriage permit under the Act and these rules and may grant the permit in form N.P. Gd. C. P;

Rule - 76. Permit Fees.

[12]"[(1) Subject to the provisions of these rules, the fees in respect of an amendment of Rule 76.-In rule 76 of the principal Rules.-

For the grant of a permit or a countersignature permit or renewal in respect of:-

(2)   The fees in respect of ail application for a permit for tourist vehicle shall be Rs. 100/- and the fee for the renewal of such permit shall be 75/-

(3)   The fees in respect on application for a National Permit shall be Rs. 100/- and the fee for the renewal of such permit shall be Rs. 75/-

(4)   The fee in respect of an application for a temporary permit or countersignature on a temporary permit shall be Rs. 10/- for each calendar month or part thereof (in respect of each vehicle).

(5)   The fee in respect of an application for replacement of a vehicle covered by a State Carriage Permit, Goods Carnage or a contract carriage permit to which the provisions of sub-rule (2) of rule 89 apply, shall be 50/-

Rule - 77. Exemption from payment of fees.

Persons belonging to Scheduled Castes and Scheduled Tribes shall be exempted from payment of fees under rule 76 to the extent of half of such fees.

Rule - 78. Stage carriage to ply on routes other than those specified in permit under certain circumstances.

Holder of a permit granted in respect of a Stage carriage shall, if so directed by the authority granting the permit, such direction being made in the interest of public order, public safety or in any emergency, use a stage carriage on such route or in such area in the region other than that specified in such permit and during such period and at such timings as may be specified in the direction.

Rule - 79. Additional conditions in respect of certain permits.

(1)     A permit in respect of stage carriage may be subject to one or more of the following conditions:

(a)      that its holder, if so required, shall not use a stage carriage in a public place for the purpose of carrying or intending to carry passengers unless it carries in addition to the driver, a conductor;

(b)      that there shall be exhibited on the vehicle adequate particulars indicating to the public the place to which and the route by which the vehicle is proceeding;

(c)      that the service shall be regularly operated on the specified route in accordance with the approved time-table except-

(i)       When prevented by accident unmotorability of the route, or any unavoidable cause; However, in case of breakage of vehicle, the owner should make alternate arrangements to carry the passengers to their destination.

(ii)      When otherwise authorised in writing by the Regional Transport Authority.

(2)     A permit in respect of a contract carriage may be subject to one or more of the following conditions:

(a)      that the vehicle shall not be driven in a public place except by the permit holder or a licensed driver holding an authorisation to drive a public service vehicle and duly authorised by the permit holder in writing and which shall be carried by the driver when driving, and produced on demand by any Police Officer or Officers of the Motor Vehicle Department.

(b)      that the number of persons to be carried in the vehicle shall not exceed the number which may be specified in the permit; and

(c)      no advertising device, figure or writing shall be exhibited on the vehicle.

(3)     A permit in respect of a public service vehicle may be subject to the condition that its holder shall make provisions on such vehicle for the conveyance of a reasonable quantity of passenger's luggage with efficient means by securing it and protecting it against rain.

(4)     A permit in respect of a transport vehicle may be subject to a condition that the holder of the permit shall comply with all the provisions of the Act and these rules.

Rule - 80. Carriage of goods in stage carriages.

(1)     Subject to the provisions of sub-rule (2) of this rule and of rule 82, luggage may be carried on the roof of a stage carriage or in boot, locker or compartment set aside for the purpose, but where it is so carried on a roof, adequate protection in the form of a guard rail shall be provided.

(2)     No luggage shall be carried in any stage carriage in such a way as to block any entrance or exit.

(3)     Where the holder of a stage carriage permit uses a vehicle authorised by the permit for the carriage of goods to the detriment of the public convenience failing thereby to meet the demand for passenger transport, the Regional Transport Authority may, after giving the holder an opportunity of being heard, declare that a breach of the conditions of the permit has occurred and may, thereafter, proceed under the provisions of section 86.

(4)     Subject to the provisions of sub-rule (2) and rule 82, goods may be carried in a stage carriage at any time in accordance with the conditions specified in the permit, provided that the obligation of the holder to carry passenger in accordance with the terms of the permit is discharged.

(5)     Where goods are carried in Stage carriage in addition to passenger, the goods shall be of such a nature and shall be so packed and secured on the vehicle that no danger, inconvenience or discomfort is caused to any passenger. Such number of seats as may be specified in the permit shall be kept free and unimpeded for the use of passengers and the access to the entrance to and exit from the vehicle shall be unobstructed.

(6)     The weight in (kilograms) of goods carried on a stage carriage shall not exceed (N-X) x (68)-for the purpose of this rule.

"N" is the registered passenger seating capacity of the vehicle, and "X" is the number or the number of the passenger for carried on the vehicle or the number of the passengers for whom seats are kept free and unimpeded by the goods whichever is greater.

Rule - 81. Carriage of goods on contract carriage prohibited.

The Regional Transport Authority shall, authorise the use of contract carriage for the carriage of goods used for-

(a)      special reasons on particular occasions and subject to conditions and subject to conditions and restrictions to be specified on the permit; or

(b)      the carriage of the personal, office or household effects of a hirer if so authorised in the permit but not the carriage of general merchandise.

Rule - 82. Carriage of certain goods in stage and contract carriage prohibited.

(1)     No goods liable to foul the interior of the vehicle or to render it in sanitary shall be carried at any time in any stage carriage or contract carriage.

(2)     The Regional Transport Authority may, specify in any permit the goods which shall not be carried in a stage Carriage or a contract Carriage or the conditions subject to which such classes of goods may be so carried.

Rule - 83. Carriage of personal luggage in stage carriage.

Except in the case of stage carriage services operated exclusively within municipal areas, a passenger in a stage carriage shall be entitled to carry free of charge not more than 14 kilograms of luggage and personal effects.

Rule - 84. Carriage of animals in goods vehicle.

(1)     No cattle shall be carried in a goods vehicle in public place unless

(i)       in the case of goat, sheep deer or pig

(a)      a minimum floor space of 0.20 square metre per head of such cattle is provided in the vehicle;

(b)      proper arrangements for ventilation are made; and

(c)      if carried in a double-decked goods vehicle-

(1)     the upper deck flooring is covered with metal sheets with a minimum height of 7.62 centimetres raised on all four sides so as to prevent the animal's waste matter such as urine, litter, etc. falling on the animals on the lower deck;

(2)     proper arrangements for drainage are made on each floor; and

(3)     wooden battens are provided on each floor to prevent slipping of hotels of the animals;

(ii)      in the case of any other cattle-

(a)      a minimum floor space of 2 metres x 1 metre per head of cattle and half of such floor space for young one of cattle which is weaned is provided in the vehicle;

(b)      the load body of the vehicle is constructed of strong wooden planks or of iron sheets with a minimum height of 1.4 metres measured from the floor of the vehicle on all sides and the back; and

(c)      floor battens are provided to prevent slipping of hoofs;

(d)      every projections likely to cause suffering to an animal is removed;

(e)      the cattle are properly secured by ropes tied to the sides of the vehicle.

Explanation. For the purpose of this sub-rule " cattle" include goat, sheep, buffalo, bull, or cow, horse, deer, pony, mule, ass, pig or young ones thereof.

(2)     No animal belonging to or intended for an income managerie or zoo shall be carried in a goods vehicle in a public place unless:-

(i)       in the case of a wild or ferocious animal, a suitable cage, either separate from or internal with the load body of the vehicle and of sufficient strength to contain the animal securely at all times is provided and

(ii)      reasonable floor space for each animal is provided in the vehicle (4) No goods vehicle when carrying any cattle or any animal under this rule shall be driven at a speed in excess of 24 kms. Per hour.

Rule - 85. Carriage of luggage in private service vehicles.

(1)     Not more than 30 kgs. of luggage or personal effects per occupant may be carried in private service vehicle:

Provided that, if the permit so provides such vehicle may in addition, carry the personal or household effects of the holder of such permit or the office articles of such holder subject to the condition that the total weight of the luggage or personal or house-hold effects or office article and persons does not exceed the permissible carrying capacity.

(2)     Nothing in sub-rule (1) shall be constructed as authorising the carriage of general merchandise in a private service vehicle.

Rule - 86. Renewal of permits.

(1)     An application for the renewal of permit shall be made in writing to the State Transport Authority or the Regional Transport Authority as the case may be by which the permit was issued and shall be accompanied by the permit. The application shall state the period for which the renewal is desired ad shall be accompanied by the fee specified in rule 76.

(2)     The Regional Transport Authority renewing a permit shall endorse permit accordingly and shall return it to the holder.

Rule - 87. Renewal of countersignature of permits.

(1)     Subject to the provisions of rule 88, an application for the renewal or a countersignature on a permit shall be made in writing to the Regional Transport Authority concerned and shall, subject to the provisions of sub-rule (2), be accompanied by the permit. The application shall set for the period for which the renewal of the countersignature is required.

(2)     If at the time of application for renewal or a countersignature on a permit, the permit is not available being under renewal by the authority by which it was issued, the application shall state the fact and shall state the number and date of the permit, the name of the authority by which it was granted, the date of its expiry and the number and date of the countersignature to be renewed.

(3)     The Regional Transport Authority granting the renewal of a countersignature shall call upon the holder to produce the permit, if it has not been produced and shall endorse the permit accordingly and return the same to the holder.

Rule - 88. Validation of renewal in respect of countersignature of permits.

(1)     The authority by which a permit is renewed may, unless he is the authority by which the permit has been countersigned (so as to validate it for a period not terminating before the date of expiry of the permit) and unless by general or special order otherwise directed, may likewise renew any countersignature of the permit by endorsement on the permit in the manner set forth in the appropriate Form and shall, in such case, intimate the renewal to such authority.

(2)     Unless the permit has been endorsed as provided in sub-rule (1) or unless the period of validity of the countersignature has been endorsed by the authority making the countersignature, the countersignature shall be of no effect beyond the date of expiry stated therein.

Rule - 89. Replacement of a vehicle covered by a permit.

(1)     If the holder of a permit desires at any time to replace any vehicle covered by the permit by another vehicle, he shall forward the permit and apply in Form M.V. Rep. A. to the Regional Transport Authority by which the permit was granted, stating the reasons why the replacement is desired and shall also simultaneously,-

(i)       if the replacer vehicle is in his possession, forward the certificate of registration of that vehicle; or

(ii)      if the replacer vehicle is not in his possession, state any material particulars in respect of which the replacer vehicle will differ from the vehicle to be replaced.

(2)     On receipt of an application under sub-rule (1), the Regional Transport Authority, may, subject to the provisions of sub-rule (3) and after ensuring that the other conditions for granting a permit are fulfilled, grant permission for such replacement.

(3)     The Regional Transport Authority may, for reasons to be recorded and communicated to the applicant, reject any application made to it under sub-rule (1) if the holder or the permit has contravened any provisions thereof or has been deprived of possession of the vehicle proposed to be replaced under any hire purchase agreement.

Rule - 90. Validation of replacement order in respect of countersignature of permit.

(1)     The Secretary of the Transport Authority granting permission for the replacement of a vehicle under rule 89 shall, unless the authority on behalf of which the permit was countersigned has by general or special resolution otherwise directed, endorse on the correction made to the permit, the words "Valid also for ... " before inserting the name of the authority concerned and shall intimate the fact and the particulars of the replacement to such authority.

(2)     Unless the permit has been endorsed as provided in sub-rule (1) or unless the alteration has been approved by endorsement by the authority concerned, countersignature on a permit shall not be valid in respect of any new vehicle.

Rule - 91. Procedure on cancellation, suspension or expiry of permit.

(1)     The holder of a permit may, at any time surrender the permit to the Regional Transport Authority by which it was granted and the Regional Transport Authority shall forthwith cancel any permit so surrendered.

(2)     Where a Regional Transport Authority suspends or cancels any permit

(i)       The holder shall surrender the permit immediately and the suspension or cancellation shall take effect;

(ii)      The Transport Authority suspending or+ cancelling the permit shall send intimation to any authority by which it has been countersigned at the time of suspension or cancellation and to any authority to whose area the validity has been extended under rule 88.

(3)     Where a Regional Transport Authority suspends any permit, the permit-holder shall also surrender the registration certificate in respect of the vehicle and the plates bearing the registration mark assigned thereto.

(4)     Within 14 days of the expiry of any permit by efflux of time, the holder shall deliver the permit to the Regional Transport Authority by which it was issued and the Regional Transport Authority receiving any such permit shall intimate the fact to the authority or authorities by which it was countersigned so as to validate it for period up to the date of expiry of permit and to any authority in whose area the validity has been extended under rule 88.

(5)     The holder of the permit shall, if so required by the Regional Transport Authority, intimate to it within 24 hours of the receipt of suspension order, the place where the vehicle in respect of which the order is passed, will be kept during the period of suspension. Subject to the provisions of sub-section (2) of section 192 such holder shall not remove the vehicle from the place so intimated without the prior permission of the Regional Transport Authority

Rule - 92. Transfer of permit.

(1)     Where the holder of a permit desires to transfer the permit to some other person under sub-section (1) of section 82, he shall together with the person to whom he desires to make the transfer, make a joint application in writing in Form Tr. PA. to the Regional Transport Authority by which the permit was issued, setting forth the reasons for the proposed transfer.

(2)     On receipt of an application under sub-rule (1), the Regional Transport Authority may require the holder and the other party to state in writing whether any premium, payment or other consideration arising out of the transfer, is to pass or has passed between them and the nature and amount of any such premium, payment or other consideration.

(3)     Without prejudice to any other penalties to which the parties may be liable, the Regional Transport Authority may declare void any transfer of a permit made upon such application and thereupon such transfer shall be void and of no effect, if after such enquiry as it thinks fit, the Regional Transport Authority is satisfied that any matter stated to it under sub-rule (2) of any material substance in the application, was false.

(4)     The Regional Transport Authority may summon both, the parties to the application to appear before it and may deal with the application as if it were an application for a permit.

(5)     (i) if the Regional Transport Authority is satisfied that the transfer of a permit may properly be made, it shall call upon the holder of the permit in writing to surrender within seven days of the receipt of the order, the permit and shall likewise call upon the person to whom the permit is to be transferred to pay a sum of Rs. 100/- as transfer fee and surrender any other permit held by him.

(ii) Upon receipt of the permit and of the prescribed fee, the Regional Transport Authority shall make the necessary amendments therein, issue a new permit to the transferee.

(iii) The Regional Transport Authority making a transfer of permit as aforesaid, may endorse the permit with the words "Transfer of permit valid for", before inserting the name of the authority by which the permit has been countersigned with effect from the date of transfer.

(iv) Unless the permit has been endorsed as provided in clause (iii), the countersignature shall be of no effect after the date of transfer.

(6)     The provisions of this rule shall not apply in respect of transfer of contract carriage permit issued for motor cabs.

Rule - 93. Transfer of permit in case of death of permit holder.

(1)     In case of death of the permit holder, the person succeeding to the possession of the vehicle covered by the permit may, within 30 days of the death of the permit holder inform the Transport Authority which granted the permit, about the death of the holder and of his own intention to use the permit in Form Int. D. Tr.

(2)     The person succeeding to the possession of the vehicle covered by the permit may, submit an application in Form Tr. P. A. to the Regional Transport Authority for transfer of permit in his name.

(3)     Along with the application under sub-rule (2) the applicant shall attach a copy of death certificate, and a copy of the newspaper notice published in Form N.D.

(4)     (i) In case where the transfer of permits is allowed by the Regional Transport Authority on account of the demise of the permit holder a photograph of transferee shall be affixed on the permit and sealed by the authority.

(ii) Upon the receipt of the permit and of the prescribed fees of 100/-, the Transport Authority shall make necessary changes therein and issue permits to the transferee.

(iii) The Transport Authority making transfer of a permit as aforesaid may endorse the permit with the words "Transfer of permit valid for ......" before inserting the name of the authority by which the permit has been countersigned with effect from the date of transfer.

(iv) Unless the permit has been endorsed as provided in clause (iii) above, the countersignature will be of no effect after the date of transfer.

Rule - 94. Issue of duplicate permits.

(1)     When any permit (including a temporary permit) has been lost or destroyed, the holder shall forthwith intimate the fact to the Regional Transport Authority by which the permit was issued and shall deposit the prescribed fee for the issue of the duplicate permit.

(2)     The Regional Transport Authority shall, upon receipt of an application in accordance with sub-rule (1), issue a duplicate permit, and to the extent that it is able to verify the facts may cause them to be endorsed thereon and furnish certified copies of any countersignature to other authority intimating the fact to that authority.

(3)     A duplicate permit issued under this rule shall be clearly stamped "duplicate" in red and the certified copy of any countersignature by any other Regional Transport Authority on a permit made under this rule shall be valid in the region of that other authorities as if it were a countersignature.

(4)     Where a permit has become dirty, torn or otherwise defaced so as in the opinion of the Regional Transport Authority to be illegible, the holder thereof shall surrender the permit to the Regional Transport Authority and apply for the issue of duplicate to him in accordance with this rule.

(5)     The fee for the issue of a duplicate permit shall be [13][Rs. 60/- (sixty rupees).] The fees for the issue of a duplicate temporary permit shall be [14][Rs. 20/-]

(6)     Where a duplicate permit has been issued upon the representation that the permit has been lost and the original permit is afterwards, found or received by the holder, the holder shall immediately return the duplicate permit to the Regional Transport Authority.

(7)     Any other person finding a permit shall deliver it to the nearest Police Station or nearest Regional Transport Authority. The officer-in-charge of the Police Station, on receipt of the permit, shall immediately forward it to the nearest Regional Transport Authority which shall restore the permit in case the duplicate permit has not been issued and shall substitute it for the duplicate in case such a duplicate has already been issued.

Rule - 95. Variation of permit.

(1)     Subject to the provisions of this rule, upon application made in writing by the holder of any permit, the Regional Transport Authority may at any time, in its discretion vary the permit or any of the conditions thereof.

(2)     A Transport Authority may vary any condition of any permit in accordance with any particular or general direction issued by the State Transport Authority under sub-section (4) of section 68 involving a question of principle which has already been decided by a ruling of the Regional Transport Authority, or the State Transport Authority and such ruling has not been modified upon appeal.

Rule - 96. Production of permit.

(1)     A permit shall always be carried in a vehicle and shall be produced on demand made by an officer of the Regional Transport Authority.

(2)     Any Police Officer or Officer of the Motor Vehicles Department in uniform may enter any transport vehicle for the purpose of inspecting the permit.

Rule - 97. Temporary authorisation in lieu of permit.

(1)     When the holder of a permit has submitted the permit to the State Transport Authority or a Regional Transport Authority for renewal or countersignature of the permit or for any other purpose or if the Court or any competent authority has taken temporary possession of such permit from the holder, such authority, officer or, as the case may be, the Court shall furnish to the holder a receipt for the permit and temporary authorisation in Form Tem. P A. to ply the vehicle during such period as may be specified therein and during that period, the production of the temporary authorisation on demand shall be deemed to be the production of the permit:

Provided that, the authority granting such authorisation may extend the period of validity of authorisation so however, that the authorisation shall remain valid until the permit is returned or the expiry of the permit whichever is earlier;

(2)     Until the permit is returned to the holder thereof, the vehicle concerned shall not be plied beyond the period (including the extended period) specified in the temporary authorisation.

(3)     No fee shall be payable in respect of such temporary authorisation.

Rule - 98. Appeals and revision applications against orders of State or Regional Transport Authority.

(1)     An appeal to the State Transport Appellate Tribunal under section 89 against the order of the State or a Regional Transport Authority shall be made within thirty days of the date of receipt of the order by the person preferring the appeal. It shall be in the form of a memorandum submitted in duplicate setting forth the grounds of objection to the order of the State Transport Authority or as the case may be, of the Regional Transport Authority and shall be accompanied by a certified copy of the order appealed against and a fee of Rs. 50/- in cash. The grounds of objection to the order shall be stated concisely and under distinct heads, without any argument narrative, and numbered consecutively.

(2)     An application under section 90 to the State Transport Appellate Tribunal by a person aggrieved by an order of the State or a Regional Transport Authority shall be in the form of a memorandum, submitted in duplicate, setting forth the grounds of objection to the order concisely and under distinct heads without any argument or narrative and numbered consecutively. It shall be accompanied by a certified copy of the order of the authority sought to be revised.

Rule - 99. Supply of copies of documents to persons interested in appeal or revision.

(1)     Where an appeal under section 89 is preferred or a revision application under section 90 is made to the State Transport Appellate Tribunal, the Secretary, of the State or Regional Transport Authority concerned shall give to any person on payment of a fee calculated at the rate of Rs. 10/- for the first and Rs. 5/- for each additional page per copy of each such document filed with him.

Rule - 100. Procedure in appeal or revision.

(1)     After the State Transport Appellate Tribunal has admitted an appeal under sub-section (1) of section 89 or a revision application under section 90, it shall appoint time and place for the hearing of the appeal or revision application, as the case may be, and give an intimation to the authority against whose order the appeal or revision application is made and also to the appellant or applicant concerned and any other person likely to be affected by the grant of the relief prayed for. Such appellant/respondent or the person interested shall appear before the Tribunal in person or through an authorised representative with original documents or record pertaining to the case on the appointed date and place of the hearing, if any.

(2)     The Secretary of the State or Regional Transport Authority concerned shall within fourteen days of the receipt of such intimation, send all the original documents and record pertaining to any appeal or, revision application with proper index and paging to the State Transport Appellate Tribunal when the same are called for by it.

(3)     The Tribunal may after following the procedure in sub-section (1) of section 89 or as the case may be, section 90 and after such further inquiries if any, as it may consider necessary, confirm, vary or set aside the order against which an appeal or revision application is made or pass such other order in relation to the facts of the case as it deems fit, and shall make an order, accordingly.

Rule - 101. Exemptions from hours of work.

Subject to the provisions of sub-section (2) of section 91, sub-section (1) of that section shall not apply in the case of:-

(a)      any transport vehicle used by or on behalf of any military or police authority in connection with military rnanoeuveres or exercises or in the quelling of riots or Civil disturbance;

(b)      any fire brigade vehicle or ambulance when being used as such;

(c)      any vehicle being used for the carriage of passenger or goods in any emergency arising out of fire, earthquake, flood, pestilence or other calamity, riots or civil disturbance

(d)      any vehicle going for or returning with medical aid an emergency or carrying any seriously injured or sick person for medical treatment when no other means are reasonably available;

(e)      any vehicle proceeding to the nearest place of halt, at which the driver and other occupants can reasonably obtain shelter and refreshment, after a delay in the journey arising out of the provisions of section 132 or section 134 or out of the failure of any of the tyres or of the machinery of the vehicle which failure could not have been prevented by the exercise of reasonable care and diligence.

Rule - 102. Fixing in advance hours of work.

The Regional Transport Authority shall direct the employer or the drivers of the transport vehicles such as any stage carriage operating solely within the region, or from one region to another schedule or regulation, as may be necessary to fix in advance the hours of work of persons employed by him, and upon approval by such authority any time-table, schedule or regulation as aforesaid in a suitable format, it shall be the records of hours of work fixed for the persons concerned for the purpose of section 91.

Rule - 103. Definition of period of rest.

(1)     Any time spent by the driver of a vehicle on work other than driving, in connection with the vehicle or with the load carried on the vehicle, including any time except on the vehicle during a journey, same as passenger in a public service vehicle, shall not be treated as an interval of rest, and

(2)     any time spent by the driver of a vehicle, on or near the stationary vehicle when he is at liberty to leave for rest and refreshment although required to remain within sight of the vehicle, shall be deemed to be an interval of rest for the purpose of clause (a) of sub-section (1) of section 91.

Rule - 104. Conduct of persons using stage carriage.

(1)     If at any time a passenger or person using or intending to use a stage carriage-

(i)       obstructs any authorised employees of the permit holder in the execution of their duties; or

(ii)      has bulky luggage of a form or description which obstructs, annoys or inconvenience another passenger or is likely to do so; or

(iii)     carries any animal, bird, flesh, or fish, (other than tinned food in its original packings) any instrument, implement substance or any other article which annoys or inconveniences or is offensive to any other passenger or is likely to do, or be so; or

(iv)    without lawful excuse occupies any seat exclusively reserved for female passengers; or

(v)      sings or plays upon any musical instruments or operates a transistor radio; or

(vi)    rings without lawful excuse, or otherwise interferes with any signal of the stage carriage; or

(vii)   is reasonably suspected to be suffering from any contagious or infectious disease; or

(viii)  knowingly or intentionally enters a stage carriage which is carrying the maximum number of passengers according to the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried in excess of the seating capacity of the vehicle; or

(ix)    has dress or clothing which is likely to spoil or damage the seats or the dress or clothing of another passenger or which for any other reason is offensive to other passengers; or

(x)      commits or abets commission of any breach of the provisions of the Act or rules made thereunder the driver or the conductor may require such person to alight from the vehicle forthwith and may stop the vehicle or keep it stationary until such person has alighted. Such person shall not be entitled to a refund of any fare which he may have paid and any person failing to comply forthwith may be removed by the conductor or the driver or any police officer on being requested by the driver or conductor or any passenger in that behalf, and shall be guilty of an offence.

(2)     No passenger, or person using or intending to use a stage Carriage shall-

(i)       refuse to pay the legal fare;

(ii)      refuse to show any ticket on demand by any authorised person;

(iii)     refuse to pay a fresh fare when he has altered or defaced his ticket so as to render the number or any portion thereof illegible;

(iv)    behave in a disorderly manner;

(v)      behave in a manner likely to cause alarm or annoyance to any female passenger;

(vi)    use abusive language;

(vii)   spit, eject betel nut juice;

(viii)  smoke in any vehicle;

(ix)    enter or leave or attempt to enter or leave any stage carriage while it is in motion and except at a bus stop;

(x)      enter or attempt to enter into or alight or attempt to alight from a stage carriage except by the entrance or exit provided' for the purpose;

(xi)    continue to remain in the vehicle when it's fuel tank is being filled with fuel;

(xii)   interfere with the driving of the vehicle;

(xiii)  use or attempt to use a ticket other than the ticket valid for a particular journey or use or attempt to use a ticket which has already been used by another passenger or on another journey; or

(xiv)  willfully damage or (spoil) or remove any fittings in or on the stage carriage or interfere with any light or any part of the stage carriage or its equipment;

(xv)   Board a stage carriage unless he is an employee of the permit holder, or bonafide passenger, or a intending passenger, or hang on in any interior part of a stage carriage;

(xvi)  travel beyond the destination to which the fare he has paid entitles him to travel without informing and paying to the conductor the legal fare for the additional journey, sufficiently in advance, or when so required refuse to get off the stage carriage in which he is travelling at the terminus or the destination for which it is booked;

(xvii) on demand being made by the driver or conductor or a police officer when reasonably suspected of contravening any of the provisions of this rule, refuse to give his correct name and address to such driver or conductor, or police officer;

(xviii)   on a request being made by the conductor refuse to declare to him the journey he intends to take or has taken in the stage carriage, or before leaving the stage carriage, omit to pay to the conductor the legal fare for the whole journey as specified in the table of fares exhibited in the stage carriage.

(3)     If at any time a passenger or person using a stage carriage is unable or, fails to produce or surrender his ticket on demand during the journey or at the end of the journey, by any authorised person, he shall be liable to pay the legal fare from the place whence the stage carriage originally started or such portion thereof as required by the authorised person.

(4)     Every passenger shall be entitled to receive a ticket from the conductor corresponding to the fare paid.

Explanation:-In this rule the expression "ticket" includes an identity card, season ticket pass or any authorisation issued by the permit holder authorising a person to travel on a stage carriage.

Rule - 105. Additional provisions relating to conduct of passengers and other persons in buses operating within limits of a Municipal Corporation or Municipality.

(1)     In this rule, unless there is anything repugnant in the subject or context:

(a)      "bus" means a stage carriage for the conveyance of passengers

(b)      "ticket" includes a card issued by the Undertaking, against, the monthly fares collected.

(c)      "Undertaking" means any Transport Undertaking duly authorised to ply buses.

(2)     No person shall enter or leave or attempt to enter or leave any bus whilst it is in motion and except at a bus stop.

(3)     No person shall enter or alight from a bus except by the entrance or exit as the case may be provided for the purpose.

(4)     No person shall enter a bus without first permitting all passengers leaving the bus to alight.

(5)     No passenger or intending passenger or unauthorised person shall enter the driver's cabin or talk or interfere with or otherwise distract the attention of the driver of the bus while he is on duty.

(6)     No passenger shall place his foot upon any seat of a bus.

(7)     A ticket shall be valid only for the journey during which and by the bus in which it has been issued.

(8)     If at any time, a passenger in a bus occupies more than one seat, or reserves or attempts to reserve another seat either for himself or for another passenger, the driver or the conductor as the case may be shall request such passenger to desist from doing so, and on the passenger not complying, may require him to alight from the bus forthwith and may stop and keep it standing until the passenger has alighted. Such passenger shall not be entitled to any refund of fare which he may have paid and any person failing to comply forthwith with such a requirement may be forcibly removed by the driver or conductor or on the request of the driver or conductor, or any passenger by any police officer and shall also be guilty of an offence.

(9)     The provisions of this rule shall apply in respect of buses, operating within the limits of a Municipal Corporation or a Municipality, in addition to those contained in rule 104.

(10)   A copy of rule 104 and of this rule in English and such other language as the Regional Transport Authority may direct shall be displayed in a prominent place in every bus.

Rule - 106. Maintenance of complaint books in stage carriages.

(1)     A bound complaint book duly ruled, pages signed and stamped with the seal of the manager of the stage carriage service, and where there is no manager of the stage carriage of the permit holder approved and countersigned by the Regional Transport Authority concerned, shall be maintained by such manager or the permit holder, as the case may be at such bus stands as may be directed by the Regional Transport Authority and also in every stage carriage to enable passengers to record any legitimate complaint in connection with the stage carriage service.

(2)     Such complaint shall be written clearly and in an intelligible manner and the complainant shall also clearly and legibly record in the complaint book his full name, address and date on which such complaint is written.

(3)     The manager of the stage carriage service or the stage carriage permit holder as the case may be, shall promptly look into every complaint and submit within a month of the recording of the complaint an explanation to the Regional Transport Authority which granted the permit, together with a copy of the complaint stating the action taken by him in connection with the complaint. A copy of the report shall be forwarded by the manager of the stage carriage service or the stage carriage permit holder as the case may be to the complainant.

(4)     The complaint book shall be so securely kept in the stage carriage and at the bus stand as the case may be, as cannot be removed and shall at all times be made available by the driver; and the conductor, as the case may be, to any passenger desiring to record a complaint or to any officer of the Motor Vehicles Department not below the rank of an Assistant Inspector for purposes of inspection.

(5)     If the complaint book is lost or destroyed, the manager of the stage carriage service of the stage carriage permit holder as the case may be, shall within one week of such loss or destruction, intimate the fact in writing to the Regional Transport Authority.

(6)     If the State Transport Authority is satisfied that adequate arrangements for recording complaints have been made in respect of any stage carriage service, it may, by a notification in the Official Gazette, direct that subject to such terms and conditions as shall be stated therein, the provisions of this rule shall not apply to such stage carriage service.

Rule - 107. Conduct of passengers in motor cabs.

(1)     No passenger in motor cab shall-

(i)       wilfully or negligently damage the cab or any of its fittings; or

(ii)      on termination of the hiring, refuse or omit to pay legal fare.

(2)     In the case of a dispute between the driver of a motor cab and the passenger either party may require the other to proceed to the nearest police station where the officer in charge shall, if the dispute is not settled amicably, record the names and addresses along with the substance of the respective contentions of both the parties.

Rule - 108. Carriage in public service vehicles of children and infants.

In relation to the number of persons that may be carried in public service vehicle:

(i)       a child of not more than twelve years of age shall be reckoned as one half; and

(ii)      a child of not more than three years of age shall not be reckoned.

Rule - 109. Disinfection of public service vehicles.

(1)     No person shall drive any public service vehicle and no owner of a public service vehicle shall cause or allow such vehicle to be used unless once in every two months it is disinfected with D.D.T. or any other liquid insecticide, approved for the purpose by the Medical Officer of Directorate of Health Services, Government of Goa.

(2)     The owner of a public service vehicle shall maintain and on demand by an Inspector of Motor Vehicles produce for inspection a current register showing the dates on which the public service vehicle was disinfected from time to time, to the satisfaction of the authority.

Rule - 110. Carriage of persons in goods vehicle.

(1)     Subject to the provisions of this rule, no person shall be carried in a goods vehicle:

Provided that, the owner or the hirer or a bonafide employee of the owner or the hirer of the vehicle may be carried free of charge or a police officer in uniform travelling on duty may be carried in a goods vehicle, provided that the total number of persons so carried shall be, in case of-

(i)       light transport goods vehicle having registered laden weight less than 990 kgs. not more than one;

(ii)      any other light transport goods vehicle, not more than three;

(iii)     any other goods vehicle other than light transport vehicle, not more than seven:

Provided further that the provisions of sub-clauses (ii) and (iii) of the above proviso shall not be applicable to the vehicle plying on inter-state route or the vehicles carrying goods from one city to another city.

(2)     Notwithstanding anything contained in sub-rule (1), but subject to the provisions of sub-rules (4) and (5), a Regional Transport Authority may, by an order in writing permit that a larger number of persons may be carried in the vehicle on condition that no goods at all are carried in addition to such persons and such persons are carried free of charge in connection with the work for which the vehicle is used, and that such other condition as may be mentioned by the Regional Transport Authority are observed and where the vehicle is required to be covered by a permit, the conditions of the permission aforesaid are also made conditions of the permit.

(3)     Notwithstanding anything contained in sub-rules (1) and (2) but subject to the provisions of sub-rules (4) and (5)

(a)      for the purpose of enabling a co-operative society or class or co-operative societies owning or hiring a goods vehicle to carry its members under its authority in such goods vehicle when used for the purpose of carrying goods of the society in the ordinary course of its business, the Secretary of the State Transport Authority; or

(b)      for the purpose of celebrations in connection with the Republic Day or Independence Day, the Assistant Director of Transport; or

(c)      where it considers expedient in public interest in respect of vehicles owned or hired by it, and in respect of other vehicles on such grounds of urgent nature to be specified in the order, the Government, may by general or special order, permit goods vehicle to be used for the carriage of persons for the purpose aforesaid and subject to such conditions as may be specified in the order.

(4)     No person shall be carried in any goods vehicle-

(a)      unless an area of not less than 0.40 square metres of the floor of the vehicle is kept open for each person;

(b)      in such manner-

(i)       that such person when so carried is in danger of falling from the vehicle;

(ii)      that any part of his body, when he is in a sitting position is at a height exceeding (three metres) from the surface upon which the vehicle rests.

(5)     No person other than an attendant or attendants required by rule shall be carried on a trailer which is a goods vehicle.

Rule - 111. Duty to carry goods by goods carriage.

A public carrier shall not, save for reasonable and lawful excuse, refuse to carry any goods of any person tendering the same for not less than the maximum freight, if any, permitted under section 67.

Rule - 112. Halting of stage carriages.

(1)     No stage carriage shall be halted in an urban area for more than five minutes consecutively for the taking up or setting down of passengers or at any time during the course of a run except at a stand.

(2)     The District Magistrate may direct that in any street or any road in an area notified by him in this behalf, the notification being made by public proclamation or in such other manner as the District Magistrate may deem fit., no stage carriage shall take up or set down passengers except at a place appointed by him at a bus stop or at a stand.

(3)     No stage carriage shall be halted at a bus stop for longer period than is necessary to take up such passengers as are waiting when the vehicle arrives and to set down such passengers as wish to alight.

Rule - 113. Every stage carriage trip to be begun and end at a stand.

(1)     If the nun of any stage carriage starts or finishes in an urban area it shall, unless the District Magistrate specially exempts the vehicle from the provision of this rule subject to such conditions as he may specify, be begun from or be ended at a stand.

(2)     Where a stage carriage is exempted from the provisions of sub-rule (1), no passengers shall be taken up or set down, as the case may be, at any point within a distance of 183 metres or such other distance as may be named in the order of exemption from the place where the stage carriage is garaged or parked at the start or finish of the run.

(3)     In exempting a stage carriage from the provisions of sub-rule (1), the District Magistrate may make it a condition that the first passengers shall he taken up, or the last passengers be set down, at a particular bus stop fixed for the purpose in the order of exemption.

(4)     An order of exemption made under sub-rule (1), shall remain in force for one year or such lesser period as the District Magistrate may direct and may be cancelled or modified by him at his discretion at any time.

Rule - 114. Stage carriages to be properly parked when not in use.

A State Transport Authority may attach to a stage carriage permit, a condition that when the vehicle is not in use it shall not be halted in any public place except at a stand or at a parking place appointed by a competent authority under section 117.

Rule - 115. Preceding rules not applicable to contract carriages.

Nothing in rule 112 or rule 113 or any direction made under rule 112 shall apply to a stage carriage when it is being used under due Authority as a contract carriage or as a vehicle for the carriage of goods without passengers, provided that a board had been affixed to the vehicle bearing the inscription "on contract" or "carrying goods only" (as the case may be) and provided particulars of the hiring have been entered in the log book of the vehicle.

Rule - 116. Halting of contract carriages.

A State Transport Authority may impose on the use of any contract carriage, or any stage carriage when the same is being used as a contract carriage, a condition that the vehicle shall not be halted for more than ten consecutive minutes in any public place in an urban area save at a parking place or in the case of a motor-cab a cab-rank duly appointed at a stand.

Rule - 117. Parking places.

All District Magistrates in Goa are authorised, subject to the control of the State Transport Authority and after consultation with the Superintendent of Police and the local authority having jurisdiction in the area concerned, to make orders appointing parking places for motor vehicles under section 117.

Rule - 118. Responsibility of driver, conductor and permit holder for securing compliance with these rules.

In so far any rule in this Chapter, or any orders issued in conformity therewith., directs that transport vehicle shall or shall not be halted in a certain place or in a certain manner, the rule shall be read as if it included provisions enjoining the driver and in the case of a stage carriage, the conductor to ensure that it is so halted or not halted, and requiring the holder of any permit issued in respect of the vehicle to take all measures open to him to secure compliance with the direction.

Rule - 119. Involuntary halts.

No person shall be liable to be punished for halting a vehicle in contravention of any of these rules if the stopping of the vehicle was occasioned by a mechanical defect or by any other cause beyond the control of the driver or person in-charge:

Provided that, the driver or other person in-charge shall continue to be liable for contravening section 122 unless all practicable steps have been taken to dispose of the vehicle in such a way that it shall not cause danger, obstruction or inconvenience to other users of the road.

Rule - 120. Prohibition on the use of horns.

Except to avoid an imminent accident, no person shall sound the horn or other audible warning device of any motor vehicle within the limits of a stand, parking place or cab-rank.

Rule - 121. Notification of stands.

(1)     The District magistrate may in consultation with the local authority having jurisdiction in the area concerned, make an order in the specified form permitting any place to be used as a stand and without such an order no such place shall be so used:

Provided always that, no place which is privately owned shall be notified as a Stand save with the written consent of the owner.

(2)     Every order made by the District Magistrate under sub-rule (1) shall show clearly the site of the stand which is allowed to be established, and shall be notified by publication in one or more newspapers circulating in the district or by, such other means as the District Magistrate may consider appropriate.

(3)     No place where

(a)      arrangements are made for the issue of tickets to passengers; or

(b)      covered accommodation is provided for waiting passengers; or

(c)      agents are stationed to marshal waiting passengers;

shall be used for taking up or setting down of passengers unless it has been duly notified as a stand under this rule.

Rule - 122. Consideration governing the location of stands.

In deciding governing the location of stands.-In deciding whether to grant permission for the use of any place as a stand, the District Magistrate shall have regard to the following matters, namely-

(a)      the interest of the public generally and the efficient organisation of motor transport;

(b)      the suitability of the site from the point of view of traffic control;

(c)      the avoidance of annoyance to persons living or having property in the locality;

(d)      the suitability of the site in relation to other stands in the same town;-

(e)      any other considerations that may appear to be relevant.

Rule - 123. Conditions applicable to stand.

(1)     Every order permitting a place to be used as a stand shall be subject to the following conditions, namely:-

(a)      that the land and the buildings of the stand shall at all times be kept clean and in a good state of repair;

(b)      that the stand shall be administered in a proper and orderly manner;

(c)      that the person, company or authority permitted by the District Magistrate to use the place as a stand shall take all possible precautions to ensure that no breach of the Act or of these rules is committed in respect of any vehicle entering, or leaving or halting at the stand [15]["and that if any such breach is committed or where the owner, driver or person in-charge of a vehicle refuses to comply with any lawful direction given by the Manager of the stand and if the vehicle is already entered in the stand, take all possible steps to remove such vehicle from the stand".]

(d)      that a board shall be set up on a conspicuous position at the stand showing the fees payable (if an order has been made fixing the fees) and that the full amount of fees due from the owners and drivers of vehicles, shall be charged which should be neither more nor less;

(e)      that weighing-machines shall be maintained at the stands for determining the weight of the goods to be carried by passengers in public vehicles or in the goods vehicles.

(2)     In making an order permitting a place to be used as a stand, the District Magistrate may further attach to it anyone or more of the following conditions, namely, that the local authority or person authorised to administer the stand shall-

(a)      maintain such records as the District Magistrate may further time to time direct;

(b)      employ such staff at the stand as may be specified in order;

(c)      provide waiting-room for the largest number of passengers that may reasonably be expected to use;

(d)      provide suitable lavatories for both sexes;

(e)      provide rest-rooms for the drivers and conductors of the vehicles regularly kept at the stand;

(f)       provide an adequate supply of drinking water for the passengers, drivers and all persons likely to be employed at the stand;

(g)      provide covered accommodation or other form of shelter for all the vehicles regularly kept at the stand or for such percentage of those vehicles as the District Magistrate may specify;

(h)     provide for the adequate illumination of the stand at night;

(i)       provide, in a separate portion of the stand facilities for washing and cleaning vehicles and for executing ordinary repairs;

(j)       provide toilet and refreshment facilities in keeping with the appropriate requirements of privacy and hygiene;

(k)      provide cloak-rooms containing wash-basins, water taps, etc., for women passengers.

(3)     With the approval of State Transport Authority the District Magistrate may attach to the order any other condition that may seem to him to be necessary to secure the efficient administration of the stand or otherwise to be in the public interest.

Rule - 124. Management of stand.

(1)     When an order has been made permitting a place to be used for the establishment of a stand, the District Magistrate may enter into an agreement with any person, firm or company (hereinafter referred to as the 'Manager'); to undertake the maintenance and management of the stand and to be responsible for the fulfillment of the conditions attached to the order of sanction and of all the provisions of the Act and these rules which may be applicable.

(2)     It shall be a condition of every agreement made under sub-rule (1) that the manager shall maintain accounts in English containing such particulars as may be required by the District Magistrate or any official or auditor appointed by him.

(3)     Every such agreement shall further state whether the manager shall be entitled to retain the whole of the fees collected at the stand or whether some portion thereof or a consolidated sum in lieu thereof shall be payable to the Government.

(4)     An agreement under sub-rule (1) may be so framed as to require the manager within a certain time to erect specified buildings or carry out specified works on the site of the stand; or to fulfill any specified conditions of the kind described in sub-rule (2) of rule 123.

(5)     Save with approval of the State Transport Authority, no agreement shall be made under sub-rule (1) with any person who has a financial interest direct or indirect, in any of the vehicles likely to be kept at the stand and unless the person with whom the agreement is to be made, agrees that he will not employ in the working of the stand any person having such an interest.

Rule - 125. Municipal stands.

(1)     A local authority administering a stand shall maintain separate accounts of the income received and expenditure incurred in respect of it, and these accounts together with the accounts of any manager or contractor employed by the local authority in connection with the stand, shall be subject to audit under arrangements made by the Government and shall be open to inspection at all reasonable times by the District Magistrate and any official appointed for the purpose.

(2)     It shall be a condition of every order permitting a place to be used as a site for a stand that the whole of the profit derived from the administration of the stand, after deducting such expenditure for the management, lighting and maintenance of the stand as may be incurred with the approval of the District Magistrate together with the deductions specified in sub-rule (3), shall be devoted by the local authority to defraying the cost 'of new buildings and improvements at the stand and for providing amenities for the drivers of vehicles or waiting passengers.

(3)     In determining the amount to be expended by the local authority under sub-rule (2) on new buildings, improvements and amenities, a deduction shall be made equal to

(a)      the interest which the Local authorities may actually be paying on any sum borrowed by it during the preceding twenty years for the purpose, of acquiring land' or buildings for the stand; or if the local authority has during the preceding twenty years expended capital of its own in acquiring land and buildings, a sum representing interest on that capital at the current bank rate;

(b)      any rent which may be due from the local authority to any person on account of the land and buildings included in the stand; and

(c)      such additional sum not exceeding three percent of the gross receipt from fees as may be agreed between the District Magistrate under local authority.

(4)     Save with the approval of the State Transport Authority; the Local Authority administering a stand shall not entrust the management of the stand to, or permit to be employed in the working of the stand any person who has a financial interest direct or indirect in any of the vehicles likely to, be kept thereat.

Rule - 126. Disposal of moneys accruing to Government.

Moneys accruing to the Government from the administration of stands shall be devoted, subject to the vote of the legislature, to-

(a)      the carrying out of improvements and the provision and amenities at stands;

(b)      the acquisition of sites for stands; or

(c)      any other object which in the opinion of the Government conducive to the welfare of persons employed in the motor transport industry and the travelling public.

Rule - 127. Stands to be open to all transport vehicles.

No transport vehicle, the driver or person in charge of which offers to pay the proper fees shall be refused admittance to a stand unless the sanctioned accommodation at the stand is already fully occupied:

Provided that where the owner of any vehicle has been granted a licence for a stand or has been given permission to make use of a stand of his vehicle, he shall have no right of admission to any stand situated within five kilometres of that stand.

Rule - 128. Company stands.

(1)     Order permitting a place to be used as a Company stand shall specify clearly the area which may be so used.

(2)     Subject to the special permission of the State Transport Authority, no order shall be made unless the person or company applying to Use the place as a Company stand, holds permits (being permits in the name of the person or company making the application) for not less than five transport vehicles.

(3)     Before giving permission for the establishment of any company stand, the District Magistrate, shall satisfy himself that the proposed, site is not in such a location as would give the user an undue advantage over the owners of stage carriages operating in competition with him from the general stand or stands.

(4)     Only those vehicles shall be admitted to any stands in respect of which a permit is held by the person or company in whose name the stand has been sanctioned, and also any other vehicles which may have been specially mentioned in the District Magistrate's order as entitled to use the stand.

Rule - 129. Boundaries of stands to be demarcated.

The local authority or person entrusted with the administration of a stand shall erect and maintain to the satisfaction of the District Magistrate, pillars or other marks of a permanent character, clearly indicating the boundaries of the land included in the stands.

Rule - 130. Prohibition on use of loud sounding devices at stands.

(1)     No horn, gong, bell, whistle, gramophone, loudspeaker, musical instrument, or other device for creating loud noise shall be used to attract passengers to any stand.

(2)     In the event of use of such loud sounding devices, the manager and any contractor employed to administer the stand, and the owner, driver and conductor of the vehicle which used the sound to attract customers shall, in addition to the person who uses the instrument, be punishable for contravening this rule, unless he can show that the use of the instrument was without his consent.

Rule - 131. Cancellation of orders for the establishment of stands.

(1)     A District Magistrate may at any time revoke any order made by himself or his predecessors permitting the establishment of any stand if in his opinion any of the conditions on which the stand was permitted to be established, have been contravened or the stand has been satisfactorily managed or its continuance is no longer in the public interest.

(2)     Before revoking any order under sub-rule (1), the District Magistrate shall give the person authorised to administer the stand an opportunity of being heard, and shall record his reasons in writing.

(3)     If an order permitting the establishment of a stand is not revoked under sub-rule (1), it shall remain in force for three years or such lesser period as may be mentioned in the order and may be renewed from time to time by the District magistrate for a further period not exceeding three years.

Rule - 132. Appeal against order of District Magistrate.

(1)     Any person aggrieved by an order of the District Magistrate sanctioning the establishment of stand, or revoking or modifying an order permitting the establishment of a stand, may within thirty days of the receipt of order, appeal to the Secretary to the Government, in-charge of Transport Department, whose order thereon, shall be final and conclusive.

(2)     The District Magistrate shall in all matters relating to the establishments of stands and the appointing of bus-stops be subject to the control of the State Transport Authority and shall comply with any particular or general instructions that may be issued by that Authority.

Rule - 133. Returns to be furnished in respect of transport vehicles.

(1)     The Regional Transport Authority may, by general or special order, require the owners of transport vehicles,-

(a)      to maintain record, and submit returns in respect of the vehicles in such form and by such dates as the Regional Transport Authority may specify, and such records and returns may include all or any of the following particulars

(i)       the registration number of the vehicles;

(ii)      the name and address of the permit holder;

(iii)     the type of permit held: permanent/temporary;

(iv)    the date of each journey undertaken;

(v)      the name and licence number of the driver and conductor and other attendant, if any;

(vi)    the place of origin and destination of the goods vehicle:

(vii)   the time of commencement and termination of the journey and of every halt thereon;

(viii)  the route upon which or the area, within which the vehicle is used;

(ix)    the serial number of the trip;

(x)      the description of the goods carried in each trip (each commodity to be shown separately), and the number of packages of each commodity received from each consignor;

(xi)    the name and address of the consignor and consignee for each commodity;

(xii)   the name and address of the booking, forwarding or collecting agencies for each commodity;

(xiii)  the weight in quintals of each commodity;

(xiv)  the total maximum weight of the goods carried in the vehicle in each trip;

(xv)   the number of kilometres travelled between the places of origin and destination in respect of each commodity;

(xvi)  the quintal kilometres performed in respect of each commodity (item xii and xv);

(xvii) the freight leviable in respect of each consignor or consignee for each commodity;

(xviii)   the freight charged for each commodity;

(xix)  the volume of traffic carried by the vehicle during the year in metric tons;

(xx)   in the case of goods carried in a stage carriage, the number of trips and kilometers traveled to be given separately when the goods were carried exclusively in the stage carriage, and when goods were in addition to passengers, the number of seats available for passengers to be given separately;

(b)      to issue to each consignor a receipt in respect of every consignment received by or on behalf of the owner of a transport vehicle, showing details regarding the date of receipt of the goods, particulars of such goods commodity wise, place from which and destination to which the goods are to be carried and the freight charged in respect of each commodity.

(2)     No owner or other person shall cause or allow any person to drive a transport vehicle unless the owner or other person, has in his possession a record in writing of the name and address of the driver as set forth in his driving licence the number of the licence and the name of the authority by which it was issued.

(3)     No person shall drive a goods vehicle and no owner or other person shall cause or allow any person to drive such a vehicle unless the driver carries a way bill containing all or any of the particulars which may be specified by the Regional Transport Authority under sub-rule (1)

(4)     The records required to be maintained under this rule shall be produced for inspection on demand by any Police Officer not below the rank of Sub-Inspector or by an officer of the Motor Vehicles Department.

Rule - 134. Change of address of permit holder.

(1)     If the holder of permit ceases to reside or to have his place of business, as the case may be, at the address set-forth in the permit, he shall, unless the change be for a temporary period not exceeding three months, send within fourteen days the permit to the Transport Authority by which the permit was issued intimating the new address.

(2)     Upon receipt of intimation under sub-rule (1), the Regional Transport Authority, or the State Transport Authority, as the case may be, shall, after making such enquiries as it deems fit, enter in the permit the new address and shall intimate the particulars to the Transport Authority of any region in which the permit is valid by virtue of countersignature or otherwise.

Rule - 135. Intimation of damage to or failure of public service vehicle.

(1)     The holder of any stage carriage permit in respect of a particular vehicle by making a reference to the registration mark shall, within seven days of the occurrence, report in writing to the Transport Authority by which the permit was issued, of any failure or damage to such vehicle or to any part thereof, which is of such a nature as to render the vehicle unfit for use in accordance with the conditions of the permit for a period exceeding three days.

(2)     The holder of any permit in respect of a service of stage carriages shall, within twelve hours of the occurrence, report in writing to the Transport Authority by which the permit was issued, of any failure, or damage to, any vehicle used by him under the authority of the said, permit if such failure or damage is of such a nature as to prevent the holder from complying with any of the provisions or conditions of the permit for a period exceeding twenty-four hours.

(3)     Upon receipt of a report under sub-rules (1) or (2), the Transport Authority by which the permit was issued may, subject to the provisions of rule, 95,

(i)       direct the holder of the permit within such period, not exceeding two months from the date of the occurrence as the Transport Authority may specify, either to make, good the damage to or failure of the vehicle or to provide a substitute vehicle; or

(ii)      if the damage to or failure of, the vehicle is such that in the opinion of the said Transport Authority, it cannot be made good within a period of two months from the date of the occurrence, direct the holder of the permit to provide a substitute vehicle, and where the holder of the permit fails to comply with such a direction may suspend, cancel or vary the permit accordingly.

(4)     The Transport Authority giving a direction or suspending, cancelling, or varying a permit under sub-rule (3), shall send intimation of the fact to the Transport Authority of any other region in which the permit is valid by virtue of countersignature or otherwise.

Rule - 136. Alteration to motor vehicle.

(1)     Further to the provisions of section 52, the owner of a transport vehicle proposing alteration to such vehicle shall at the same time as is required by that section report to the authority by which the permit relating to the vehicle was granted, or, in the case of a permit relating to a service of stage carriage, to the Transport Authority by which the permit was granted for using the vehicle thereunder.

(2)     Upon receipt of a report under sub-rule (1), the Transport Authority by which the permit was issued may, if the alteration is such as to contravene any of the provisions or conditions of the permit-

(i)       vary the permit accordingly; or

(ii)      require the permit holder to provide a substitute vehicle within such period as the Transport Authority may specify, and if the holder fails to comply with such requirement, cancel or suspend the permit.

(3)     A Transport Authority varying, suspending or cancelling a permit or causing another vehicle to be substituted for a vehicle covered by a permit, shall intimate particulars to the Transport Authority of any other region in which the permit is valid by virtue of countersignature or otherwise.

Rule - 137. Restriction on use of trailers.

No trailer shall be attached to any transport vehicle covered by the permit.

Rule - 138. Distinguishing boards for goods vehicles.

Every goods transport vehicle shall carry in a prominent place on the front of the vehicle a distinguishing board in English with the letters 'goods carrier' painted in black on transparent background. The height and width of each letter shall be not less than 127 millimetres and 64 millimetres, respectively.

Rule - 139. Inspection of transport vehicles and their contents.

(1)     Any police officer not below the rank of Sub-Inspector or any Officer of the Motor Vehicles Department in uniform or any member of a State or Regional Transport Authority, within his respective jurisdiction may, at any time when a goods vehicle is in a public place, call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable the police officer or such officer of the Motor Vehicles Department or such member, to make reasonable examination of the contents of the vehicle.

(2)     Notwithstanding anything contained in sub-rule (1), the police officer or Motor Vehicle Department's Officer shall not be entitled to examine the contents of any goods vehicle unless

(i)       the permit in respect of the vehicle contains a provision or condition in respect of the goods which may or may not be carried on the vehicle;

(ii)      the police officer or the Motor Vehicle Department's Officer has reason to believe that the vehicle is being used in contravention of the provisions, of the Act or these rules.

(3)     Any police officer in uniform or Motor Vehicle Department's Officer in uniform or any member of a State or Regional Transport Authority within his respective jurisdiction may, at any time when a public service vehicle is in a public place, call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable police officer or the Motor Vehicle Department's Officer or such member to make reasonable examination of the number of passengers and other contents of the vehicle so as to satisfy himself that the provisions of the Act and these rules and the provisions and conditions of the permit in respect of the vehicle are being complied with.

(4)     Any Inspector of Motor Vehicles in uniform may at any time when a transport vehicle is in a public place, call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable the Inspector to inspect such vehicle. The Inspector shall give to the driver or any person incharge of the vehicle a certificate stating the date on which, the hour at which and the period for which, the vehicle was detained.

Rule - 140. Motor cabs fitted with fare meters.

(1)     A Regional Transport Authority, may by notification in the Official Gazette, require that within the limits of such area as may be specified in the notification, all motor cabs or any class of motor cabs shall be fitted with fare meter.

(2)     Where a notification as aforesaid has been issued, permits in respect of any motor cab covered by the notification shall not be granted unless fitted with fare meter except under the following conditions:

(i)       that such owner shall provide such garage accommodation for cabs as is approved by the Regional Transport Authority;

(ii)      that the cabs shall not ply for hire on public stands or in public places;

(iii)     that the cabs have a licensed seating capacity of not less than three adult passengers excluding the driver;

(iv)    that the cabs shall have an engine of not less than 750 c.c.

(3)     The rule of fitment of fare meter will not be applicable to luxury or tourist or maxi cab.

Rule - 141. Power of inspection of motor vehicles to inspect taxi meters.

Any Officer not below the rank of Assistant Inspector of Motor Vehicles in uniform or any police officer not below the rank of Sub-Inspector, may, if he has reason to believe that a motor cab fitted with a taxi meter has been or is being plied with a meter which is defective or has been tampered with, stop such motor cab and, in order to test such taxi meter, direct the driver or the person in charge of such motor cab to cover a premeasured distance or connect the taxi meter to the measuring equipment to ascertain the accuracy of the taxi meter or to refer it to the Department of Weights and Measures and take or cause to be taken such other steps as he may consider proper for the purpose.

Rule - 142. Licensing of and regulation of conduct of agent for sale of tickets for travel by public service vehicles.

(1)     Every owner of a public service vehicle to be let or plied for hire shall, intimate to the Regional Transport Authority concerned, the name and address of the person appointed, on his behalf as the agent who has been engaged in the sale of tickets to passengers for travel by such vehicle.

(2)     No person shall act as an agent nor the owner shall so employ any person unless he, has obtained an agent's licence in Form L. Ag. (PSV) from the Regional Transport Authority concerned.

Explanation:-For the purpose of this sub-rule, persuading any person, soliciting or attempting to persuade any person, to travel in a particular vehicle shall be deemed to be acting as an agent for the sale of tickets for travel thereby.

(3)     An agent's licence shall be valid for a period of twelve months from the date of issue or renewal and shall be effective only in the region wherein it is issued or renewed.

(4)     No person under the age of 18 years shall hold an agent's licence.

(5)     Application for an agent's licence shall be made in writing to the Regional Transport Authority of the region wherein the applicant resides, in Form L. Ag. A. (PSV) and shall be accompanied by two clear copies of a recent photograph of the applicant and by the fee as specified in sub-rule (8).

(6)     The applicant for grant of agent's licence shall have the facilities for passengers as specified by the Regional Transport Authority.

(7)     An application for the renewal of an agent's licence shall be made by letter enclosing the licence accompanied by the fee specified in sub-rule (8), addressed to the Regional Transport Authority, by which the agent's licence was issued. If the application for renewal accompanied by the fee as specified under sub-rule (8) is not received on or before the date of expiry of the licence, the fee payable for the renewal of the licence shall be rupees one thousand

(8)     The fees for an agent's licence shall be rupees two thousand and the fee for its renewal or for the issue of a duplicate shall be of [16][rupees five hundred]

(9)     The Regional Transport Authority may, for reasons to be recorded in writing, decline to issue or renew an agent's licence or grant licence on such conditions as the Regional Transport Authority may consider if fit to impose.

(10)   (i) The Regional Transport Authority may, for reasons to be recorded in writing, suspend or cancel an agent's licence.

(ii) On an agent's licence being suspended, cancelled or not renewed, it shall be surrendered forthwith to the Regional Transport Authority which issued the licence.

(11)   No person shall hold more than one agent's licence, effective in the same region.

(12)   An agent shall, on demand by any Motor Vehicle Officer, in uniform, not below the rank of Assistant Inspector of Motor Vehicles, produce his agent's licence for inspection.

(13)   The Regional Transport Authority may specify that the agent shall wear a uniform of the type approved by it in the behalf

(14)   The agent shall when on duty, wear in a conspicuous place on his left breast, a metal badge issued by the Regional Transport Authority on payment of a fee of Rs. 10/- along with his name plate in black letter on transparent background in hold letters in English or Hindi. No agent shall lend or transfer the badge to any other person and he shall surrender it to the Regional Transport Authority in the event of his licence being suspended, cancelled or not renewed. If the badge is lost or destroyed, a duplicate' badge shall be issued by the Authority which issued it on payment of rupees twenty.

Rule - 143. Conditions for agent's licence.

An agent's licence shall be subject to the following conditions, namely:

(1)     That the licensee shall provide sufficient seating accommodation/facilities to the passengers and their luggage.

(2)     That the licensee shall insure the luggage against any loss or damage while in transit.

(3)     That the licensee shall not charge fares more than those prescribed by the competent authority.

(4)     That the licensee shall while booking ticket for contract carriages which have been granted permit under section 88(9), comply with all the conditions prescribed for All India Buses. The licensee shall behave in a civil and orderly manner with the passengers or intending passengers and shall not behave in a manner likely to cause annoyance or embarrassment to any female passenger.

(5)     That the licensee shall not use abusive language towards any passenger or molest him or her.

(6)     That the licensee shall not except for good and sufficient reasons, refuse to issue a ticket to any intending passenger tendering legal fare.

(7)     That the licensee shall not make any distinction between passengers, as to the fare for any journey.

(8)     That the licensee shall properly guide the passengers.

(9)     That the licensee shall maintain proper records of registers of the tickets issued by him.

(10)   That the licensee shall furnish to the operators with correct figures of the fares received by him from the passengers.

(11)   That the licensee shall maintain proper accounts of the commission charged by him and furnish the same to the licensing authorities every three months.

(12)   That the licensee shall not charge fare which is more than the fare prescribed by the Transport Authorities.

(13)   That the licensee shall maintain the records properly. And shall make them available whenever so demanded by the Officers of the Transport Department not below the rank of Assistant Motor Vehicles Inspector.

(14)   That the licensee shall not book tickets for any stage or contract carriage which has not been covered by the permit for the purpose.

(15)   That the licensee shall comply with all the above conditions and shall observe such other conditions as the licensing authority may specify in the license.

Rule - 144. Lost property.

(1)     Where a permit holder or his employees receive any article under clause (xvii) of rule 34 or under sub-rule (2) of rule 21, he shall keep that article for a period of seven days and shall if the article is not claimed during that period, hand over the same to the Officer-in-charge of the nearest Police Station:

Provided that, if the article is of a perishable nature, it may be handed over to The Officer-in-charge of the nearest Police Station before the expiry of seven days.

(2)     Where during the period mentioned in sub-rule (1),-

(a)      The article is claimed by only one person, the permit holder may after making such enquiries as he deems fit and if necessary after taking an indemnity bond from the claimant, hand over the article to the claimant;

(b)      The article is claimed by two or more persons, then the permit holder may hand over the same to the Officer-in-charge of the nearest Police station.

Rule - 145. Licensing of agents.

In rules 146 to 154 unless the context otherwise requires

(a)      'agent' means any person who engages in the business of collecting or forwarding or distributing goods carried by road in goods vehicle plying for hire;

(b)      'Agent's licence' means a licence granted to an agent under sub-rule (1) of rule 147 for the principal establishment, and includes a supplementary licence granted to such agent for any additional establishment, such as branch office specified in such supplementary licence;

(c)      'Licensing Authority' means the Assistant Director of 'Transport of the region in which the applicant intends to carry on the business, and in any other case, of the region in which the applicant has his principal place of business.

Rule - 146. Prohibition to act as agent except under licence.

No person shall act as an agent, unless he holds a valid licence authorising the carrying on of his business of an agent at the place or places specified in the licence.

Rule - 147. Agent's licence.

(1)     Any person desiring to obtain an agent's licence, shall make an application in 'Form L. Ag. A. to the Licensing Authority of the region in which he has his place of business or as the case may be, his principal place of business.

(2)     The application shall be accompanied by the fee specified in rule 151.

(3)     In considering an application made under this rule, the Licensing Authority shall have due regard among other to-

(a)      the number of goods vehicle if any either owned by the applicant or under his control

(b)      the suitability of accommodation in the charge of the applicant for the storage of goods at every operating place;

(c)      the facilities provided by the applicant for parking the goods vehicles, while loading or unloading without hindrance to the general traffic in the area; and

(d)      the financial resources of the applicant and his experience in the trade.

(4)     The Licensing Authority shall either grant or renew the licence including a supplementary licence, for a branch office if any, in Form L. Ag. (Goods) specifying the place or places where the business may be carried on, or refuse to grant or renew the licence:

Provided that the Licensing Authority shall not refuse to grant or renew, a licence or a supplementary licence for a branch office applied for, unless the applicant is given an opportunity of being heard, and the reason for refusal are recorded and communicated to him in writing

(5)     the Licensing Authority shall, while granting or renewing a licence (including any supplementary licence) or at any time during the validity of licence, by order, require a licensee to furnish a security in cash of rupees two thousand and when a licensee has furnished earlier any security in pursuance of an order passed under this sub-rule, additional security not exceeding rupees two thousand.

(6)     The licence shall be in two parts, namely the principal part (hereinafter referred to as "the principal licence"), in which supplementary licence issued for every separate establishment or branch office for loading, unloading, or receipt or delivery of consignments is carried on, shall be mentioned, and the supplementary part (hereinafter referred to as the "supplementary licence").

The details of the establishment or branch office (such as, municipal house number, the nearest road, bye-lane, the postal delivery district and other landmarks in the vicinity to enable identifications of the place or licence duly attested by the licensing authority), shall be attached to the licence.

(7)     The principal licence shall be kept and displayed prominently at the head office and the supplementary licence shall be kept and displayed prominently at each branch office or the acknowledgement shall be produced before any inspecting officer of the Motor Vehicles Department.

(8)     An agent's licence shall be non-transferable.

(9)     An agent's licence shall be valid for a period of one year from the date of grant or its renewal. The date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which supplementary licence is granted.

Rule - 148. Renewal of agent's licence.

(1)     An agent's licence may be renewed on an application made in Form L. Ag. A. made to the Licensing Authority not less than thirty days before the date of its expiry, and shall be accompanied by the principal and all supplementary licences, if any, and the fee specified in rule 151.

(2)     The renewal of licence shall be made by endorsement of renewal thereof by the Licensing Authority on the principal and supplementary licences, if any.

Rule - 149. Cancellation of agent's licence and forfeiture.

(1)     Without prejudice to any other action which may be taken against a licensee, the Licensing Authority may, by order in writing cancel an agent's licence or suspend it for such period as it thinks fit, if in its opinion any of the conditions under which the premises have been approved or under which the licence has been granted have been contravened.

(2)     Before making any order or suspension or cancellation under sub-rule (1), the' Licensing Authority shall give the licensee an opportunity of being heard and shall record reasons in writing for such cancellation or suspension.

(3)     Where a licence is liable to be cancelled or suspended under sub-rule (1) except in the case of a contravention of condition (c) of sub-rule (3) of rule 147 and the Licensing Authority is of the opinion that having regard to the circumstances of the case, it would be unnecessary or inexpedient so to cancel or suspend the licence, if the licensee agrees to pay a certain sum of money, then, notwithstanding anything contained in sub-rule (1), the Licensing Authority, may, instead of cancelling or suspending the licence as the case may be, recover from the licensee the sum of money agreed upon.

(4)     The power exercisable by the Licensing authority under sub-rule (1) may, where an appeal has been preferred under rule 155, be exercised also by the appellate authority.

(5)     The Licensing Authority may order the forfeiture in whole or in part, of the security furnished by the licensee under sub-rule (5) of rule 147 for contravention of any provisions of these rules including breach of any of the conditions specified in rule 52 by the licensee:

Provided that, no such forfeiture shall be made unless the licensee is given an opportunity of being heard.

(6)     In the event of the forfeiture of a security deposit or part thereof, by the Licensing Authority, the licence shall cease to be valid if the licensee fails to make payment to bring the security already furnished by him to its original value within thirty days of the receipt of the order of forfeiture.

Rule - 150. Issue of duplicate licence.

If at any time an agent's licence is lost, destroyed, torn or "otherwise defaced so as to be illegible, the agent shall forthwith apply to the Licensing Authority for the grant of a duplicate licence. The application shall be accompanied by the fee specified in rule 151. Upon receipt of such an application, the Licensing Authority shall issue a "duplicate" in red ink. If the duplicate agent's licence is issued on a representation that the licence originally granted has been lost or destroyed and the original licence has been subsequently found, the original licence shall be surrendered to the licensing authority.

Rule - 151. Fees for licence, etc.

[17][The fee for the grant or renewal of licence or supplementary licence or for a duplicate, thereof shall be-

(a)      For grant of a licence-Rs. 2000/

Rule - 152. Conditions of agent's licence.

An agent's licence shall be subject to the following conditions, namely:

(1)     The licensee shall subject to the provisions of rule 154, provide adequate space for the parking of vehicles for the purpose of loading and unloading of goods;

(2)     The licensee shall be responsible for proper arrangement for storage of goods collected for despatch or delivery or both;

(3)     The licensee shall-

(a)      take all necessary steps for proper delivery of the goods to the consignee;

(b)      be liable to indemnify the consignee for any loss or damage to goods while in his possession, by adequate insurance cover, wherever available, at the cost of the consignor or consignee;

(c)      issue to the consignor and consignee, a goods transport receipt only after he actually receives goods for despatch and state therein the weight, nature of goods, destination, approximate distance over which the goods are to be carried, the freight charged, the service charge, if any, such as for local transport, insurance while in his custody and labour charge, if any, for loading and unloading provided that the service charge shall be reasonable and proof of its reasonableness established, if so required by the Licensing Authority;

(d)      not deliver the goods to the consignee without actually receiving the consignee's note or any such note issued by the office which received the goods for despatch or if such note is lost or misplaced, an indemnity bond for covering the value of the goods;

(e)      issue a copy of every goods transport receipt issued to the consignor or consignee and to the driver of the goods vehicle transporting the goods and shall not allow any consignment to be loaded without handing over a copy of the receipt in respect thereof to the driver;

(f)       maintain in Form A.R.T., proper record of collection despatch or delivery of goods, the registration mark of the vehicle in which the goods are carried for transport and make the same available for inspection by the Licensing Authority, or by any person duly authorised by it in this behalf.

(g)      not charge commission more than that which may be fixed by the Regional Transport Authority subject to the orders of the Government; (h) maintain proper account of the commission charged by him to every operator of goods vehicles engaged by him;

(h)     maintain a weighing device in good condition and which is capable of weighing at a time not less than 250 kilograms;

(i)       not refuse to accept goods for transport without valid reasons; and (k) comply with the provisions of these rules.

Rule - 153. Particulars to be mentioned in contract of agency.

All contracts entered into or way bills issued by a licensee for the purpose of collecting, forwarding or distributing goods shall be in writing and shall contain the following particulars, namely:

(i)       names and addresses of consignors and consignees;

(ii)      description and weight of consignment;

(iii)     destination and its approximate distance in kilometres from the starting station:

(iv)    freight on weight destination or weight distance or on truck distance basis for long distance haulage and for local transport for collection at consignor's place or delivery at consignee's place if required;

(v)      delivery instructions (i.e. the approximate date by which and the place at which goods are to be delivered to the consignee);-

(vi)    terms for payment separately for long distance transport, local transport, home delivery and collection, labour charges for loading and unloading and the demurrage.

Rule - 154. Places to be used for loading and unloading of goods etc.

(1)     The Regional Transport Authority may in consultation with the local Municipal Authority and police authority having jurisdiction over the local area concerned, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods vehicles or for the storage of goods, while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking vehicles for the purpose of loading or unloading from transporting trucks provided at such premises as the place of carrying on the business under the licence.

(2)     Any approval under sub-rule (1) shall be subject to the following conditions, namely:

(a)      that the premises shall at all times be kept in clean condition and in good state of repair;

(b)      that the premises shall be administered in an orderly manner;

(c)      that the licensee shall not change the premises or make any external alterations to-it or in the parking arrangements thereat, as may be likely to cause obstruction to the general traffic in the vicinity without prior approval of the Licensing Authority;

(d)      that the licensee shall take suitable precautions to ensure that no breach of any provisions of the Act or of these rules, in so far as these provisions relate to the following matters, is committed in respect of any vehicle engaged by him and which is entering or leaving or standing at such premises, namely:

(A)     Requirements that a goods vehicle shall be covered by-

(i)       valid and effective permit/counter-signature for the route/area of travel;

(ii)      valid certificate of fitness;

(iii)     valid certificate of insurance; and

(iv)    payment of tax under the Goa, Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974;

(B)     Observance of the regulations/conditions as to-

(i)       construction, equipment and maintenance of motor vehicles to the extent the defects are easily noticeable from the exterior appearance of a motor vehicle;

(ii)      limits of weight and prohibitions or restrictions on use of motor vehicles;

(iii)     loading of goods, overall height, length, width and projections of load laterally, to the front, to the rear and in height.;

(iv)    transport of dangerous or explosive substances, or contraband articles, under any law for the time being in force;

(v)      parking or abandonment of motor vehicles on road in such a way as to cause obstruction to traffic or danger to any person or other user of roads;

(vi)    leaving vehicles in dangerous position; and

(vii)   driving of motor vehicles by persons holding valid and effective driving licence.

(3)     Where the Regional Transport Authority refuses to approve, any premises under sub-rule (1), it shall communicate in writing the reasons for such refusal.

Rule - 155. Appeals.

(1)     Any person aggrieved by an order made under sub-rules (4) and (5) of rule 147, sub-rules (1) and (5) of rule 149 or sub-rule of rule 154, may within thirty days from the date of receipt of such order, appeal to the State Transport Authority;

(2)     The memorandum of appeal shall be filed in duplicate setting forth concisely the grounds of objection and shall be accompanied by a certified copy of the order appealed against and a fee of rupees fifty:

Provided that, the memorandum of appeal shall not relate to more than one order or to be signed by more than one party.

(3)     The authority which passed the order against which an appeal is filed, shall, on application by appellant, give a certified copy of the order or any other relevant document on payment of fee of rupees ten.

Rule - 156. Powers of entry and inspection.

Any officer of the Motor Vehicles Department in uniform, or any other person authorised in this behalf by the Government, may enter upon the premises at all reasonable times for inspection of the premises used by the permit holder for the purpose of his business.

Rule - 157. Prohibition of painting or marking in certain manner.

(1)     No advertising device, figures, or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority, by general or special order.

(2)     A transport vehicle when regularly used fur carrying Government Mail by or on a contract with the Indian Posts and Telegraphs Department, shall be painted in postal red colour and shall exhibit in conspicuous place upon. a plain surface of the motor vehicle, the word "MAIL" in red colour on a transparent background each letter being not less than fifteen centimetres in height and-of a uniform thickness of nineteen milimetres.

(3)     Same as aforesaid no stage carriage or contract carriage shall be printed postal red colour for display of any sign or inscription which includes the word "MAIL".

Rule - 158. Painting and marking of motor cabs in certain manner.

(1)     The hood of every motor cab shall be painted in cream yellow and the rest of the body in black colour.

(2)     In addition to the registration mark, a serial number of permit allotted by the Registering Authority shall be painted on the motor cab at each of the following different places, namely:

(i)       the left hand top portion of the front windscreen;

(ii)      on the rear boot on the side of the registration mark;

(iii)     in the middle of the left front door; and

(iv)    in the middle of the right front door.

(3)     The aforesaid number shall be painted in transparent and in a red circle and the numerals shall not be less than 50 milimetres and 38 milimetres in breadth.

(4)     The number on the left hand portion of the windscreen shall be so painted as to be readable from inside and the number on the rear boot, the left front door and the right front door shall be painted against the black background.

(5)     Notwithstanding anything contained in these rules but subject to the provisions of sub-rule (7), no permit shall, after the coming into force of these rules be granted or renewed in respect of any motor cab which does not conform to the provisions of sub-rule (1) to (4);

(6)     No motor vehicle other than a motor cab shall be painted in the manner specified in sub-rule (1);

(7)     Notwithstanding anything contained in this rule, the Government may, by general or special order, exempt any motor cab or class of motor cabs, from all or any of the provisions of this rule either generally or in such area or areas or on such route or routes and subject to such conditions, if any, as may be specified in the order.

Rule - 159. Taxi metres.

No motor cab required to be fitted under rule 140 with a fare meter (hereinafter referred to as meter) shall be used in a public place unless it is fitted with a, mechanical meter or an electronic digital meter of a type, which in the opinion of the Director of Transport, complies with the provisions of these rules, or is so designed or constructed that the constructional requirement as specified in these rules are substantially complied with.

Rule - 160. Choice of meter.

(i)       New motor cab shall be fitted as per the option of motor cab owner with either the electronic digital meter or a mechanical meter, provided a board of one foot long and six inches broad with letters "FOR HIRE" is displayed prominently at the front of the vehicle above the number plate or-on the roof, in case electronic meter is fixed.

(ii)      If, for any reason it becomes necessary to replace any mechanical meter already fitted to a motor cab, it shall as per the option of motor cab owner, be replaced either by mechanical meter or an electronic digital meter:

Provided that when electronic meter is fitted, a board of one foot long and six inches broad with letters "FOR HIRE" shall be displayed prominently at the front of the vehicle above the number plate or on the roof.

Rule - 161. Approval of type of meter.

(1)     An application for the approval of new modified type of meter shall be sent to the Director of Transport and shall be accompanied by two complete specimen of the meters and a detailed description with drawing of its mechanism. A working specimen, the flexible cable by which the meter will be driven shall also be forwarded along with the meters for the test.

(2)     The Director of Transport shall send the metres to the Controller of Weights and Measures or any other institution approved by the. Government for the purpose of testing the meters, where they shall be subjected to an exhaustive test in order to ascertain whether they comply with the requirement specified in rule 165 and whether they would otherwise be suitable. At least one of the meters shall be opened and such parts removed as may be required for a comprehensive examination of the mechanism.

(3)     After the test, one instrument shall be retained at the Controller of Weights and Measures or the other Institute as the case may be, as a sample instrument and the other shall be returned to the Director of Transport.

(4)     After considering the report received from the Controller of Weights and Measures, the Director of Transport shall, if he is satisfied that the meter complies with the requirements specified in rule 165 and is suitable for its purpose, approve the meter and inform the applicant of his decision.

Rule - 162. Revocation of approval.

If on receipt of a complaint from any member of the public or of a report submitted by the Secretary, Regional Transport Authority or an Inspector of Motor vehicles or a police officer not below the rank of a Sub-Inspector, the Director of Transport is satisfied that meters of any type approved by hint under sub-rule (4) of rule 161 do not record fares correctly or they develop defects or to go out of order at frequent intervals or have ceased to conform to the requirements of any rule, he may after giving the person on whose application such type of meter was approved, a reasonable opportunity of being heard and after making such inquiries as lie may deem fit, by order revoke the approval, given to such type of meter and shall inform the person aforesaid of his order and the reasons therefor:

Provided that the order of revocation shall not apply to the meters of such type which are already sealed and in use on the date of such order.

Rule - 163. Appeal against revocation of approval.

(1)     Any person aggrieved by the order of the Director of Transport under rule 162, may, within ninety days of the date on which he received intimation of such order, appeal to the Government.

(2)     The Secretary to the Government in-charge of Transport Department shall hear such appeal on behalf of the Government.

Rule - 164. Conduct and hearing of appeals.

(1)     An appeal under rule 163 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the ground of objection to the order of the Director of Transport and shall he accompanied by a fee of rupees twenty five in cash and certified copy of that order.

(2)     When an appeal is lodged, intimation of such appeal shall be given to the Director of Transport.

(3)     The Government after giving an opportunity to-the parties of being heard and after such further enquiry, if any, as it may deem necessary, may, confirm, vary or set aside the order of the Director of Transport and shall make an order accordingly.

Rule - 165. Method of indicating fare.

(1)     Every mechanical or electronic digital meter shall be so constructed as-

(a)      to indicate upon the dial in suitable slots or on a suitable digital display consisting of light emitting diode (LEDS) as the case may be, the amount of fare calculated by time and/or by distance in kilometres; and

(b)      to have a flag showing its position or to have a window with illuminated words showing, whether or not the meter is in action (i.e. "Hired" or "For Hire" or "Stopped").

(2)     The nature of the information given in each slot of a mechanical meter or digital display of an electronic meter shall be indicated by suitable wording immediately above or below the slots or digital display, as the case may be. The words or signs denoting rupee or rupees and paise shall be placed immediately above, below or beside the appropriate disc or drum position.

(3)     (i) The letter and figures shown in the slots of a mechanical meter or a digital display of an electronic meter shall be of a size which the Director of Transport considers to be reasonable and shall be so placed as to be easily read by the Hirers.

(ii) All letters and figures required to be shown on meter and gear boxes shall be of such size, form and colour as would render them clearly legible.

(4)     The flag of a meter shall be of suitable strength and shall bear the words "For Hire" in the transparent letters of plain block type at least 50 millimetres in height and of; proportionate thickness on a red coloured ground so that they may he easily read from a distance. The arm lever which carries the flag shall be of such length that when it is kept vertical, the lower edge of the flag is above the highest part of the meter. If it is an electronic digital meter, it shall be provided with two switches i.e. meter switch and stop switch, for operating the meter and shall also be provided with "roof light" synchronized with the operation of the meter.

(5)     The mechanism of meters shall be so designed that-

(a)      (i) the words "For Hire" are indicated in the appropriate slot when the flag arm is vertical;

(ii) the word "Hired" is indicated when the arm has been depressed through 180 degrees and the time and distance gearing are in engagement;

(iii) the word "Stopped" is indicated when the arm is arrested in a horizontal position at 270 degrees;

(b)      the flag arm cannot normally remain in any position other than the three positions mentioned in clause (a);

(c)      the fare by time ceases to be recorded when the flag is in the "Stopped" position;

(d)      the fare by distance is recorded on the meter if the taxi cab is driven with the flag in the "Stopped" position;

(e)      the fare recorded is not obscured when the flag is in the "Hired" or "Stopped" position;

(f)       it is not possible-

(i)       to move the flag back from the "Hired" position to "For Hire or

(ii)      to return the flag from "Stopped" position to "Hired" position;

(g)      when the flag arm is raised to a vertical position (i.e. the "For Hire" position) the previous record of fare is cleared and the various mechanisms are brought to their initial positions;

(h)     before the flag can again be depressed, the full vertical position shall be reached, and a positive stop made there to ensure that the mechanism comes to rest and that the fare indication is obscured by a shutter;

(i)       the mechanism for recording the time and distance cannot be engaged or disengaged except by the normal sequence of operation of the flag arm referred to in clauses (a) to (f); and

(j)       the operation of the shutter of obscuring the fare synchronizes with the engaging and disengaging of the time and distance mechanism of the meter.

(6)     The mechanism of an electronic digital meter shall be so designed that-

(a)      (i) "For Hire" window is illuminated when the meter switch is in "off position" and the roof light is in "on position";

(ii) the "Hired" switch is illuminated and the roof light is turned "off" when the "meter switch" is pressed "on" and the time and distance modes are in engagement;

(iii) the "Stopped" window is illuminated when the stop switch is pressed "on".

(b)      it shall not be possible to set in any position other than the three positions in clause (a) in the meter;

(c)      the fare by the time ceases to be recorded when the flag is not in stopped position;

(d)      the fare by distance is recorded on the meter if the taxi cab is driven with the meter in 'stopped' position;

(e)      the rate recorded is not obscured when the meter is in hired and or in stopped position;

(f)       when the meter switch is turned off, 'for hire' window is illuminated, the roof light is turned on and the previous recording of fare is acquired and the various mechanisms of the meter are brought back to the initial position;

(g)      the mechanism recording time and distance cannot be engaged or disengaged except by the normal sequence of operation of switches referred to in clause (a) to (f).-

(7)     Every meter shall be so constructed that it gives audible warning by means of a suitable bell or gong whenever the driver moves the lever which operates the recording mechanism.

(8)     (a) Every meter shall be so made as to be capable of being sealed by seals of the type specified by the Controller of Weights and Measures and by issuing specific instructions in this behalf, after the meter has been tested and approved.

(b) When the gear which operates the distance recording apparatus is not contained in the main part of the machine, the case or cover enclosing it shall be so made that it may be sealed either by the inset or wired-on type of seal.

(c) All meter cable connections shall be so made as to he capable of being sealed by means of inset or wired-on lead seals to prevent improper removal.

(9)     In case of a mechanical meter, the mechanism driving the distance recording gears and in case of electronic digital meters, the mechanism giving signals to the distance recording mechanism of the electronic meters shall be fitted not to the driving wheels of the cab but to the non-driving wheels of the chassis gear box attached to the cab.

(10)   (a) A plate of suitable size and pattern shall be attached to the meter or its gear box in such a manner that it cannot be removed without either removing the seals affixed by the Inspector of Weights and Measures or opening the meter or the gear box. The plate shall bear raised or sunken words or figures denoting the measurement of the effective circumference of the wheel by which the meter will be driven and by which its action and accuracy may be tested.

(b) The measurements shown on the plate shall be in accordance with the circumference of the wheels of minimum size approved for the cab and normally attached thereto.

Explanation.-The effective circumference of the cab wheel to which the meter transmission gearing is attached and by which the meter is driven is the distance which the cab moves forward for one complete revolution of the wheel and may be measured by making a mark on the tyre of the wheel where it touches the ground and pushing the cab in a straight line until this mark is again in contact with the ground, the cab being in its normal working condition and carrying two passengers.

Rule - 166. Further test of meters of approved type.

(1)     A meter of any type approved under rule 161 shall before being fitted to a motor cab be sent to the Controller of Weights and Measures or other institution approved by the Regional Transport Authority in this behalf for a rough test whether the meter accurately registers time and distance and also for examination as regards its external appearance, general action and conformity with the approved type.

(2)     Every meter in use shall be submitted for test at the Controller of Weights and Measures Office or other institutions approved by the Regional Transport Authority under sub-rule (1) at least once in every twelve months in case of mechanical meters and once in every twenty four months in case of electronic meters and also whenever its seals are removed for any repairs or adjustments.

(3)     If after test and examination, the meter is found to be suitable it shall be sealed by the Inspector of Weights and Measures in such a manner that its interior parts cannot be reached without breaking the seal.

CHAPTER VI CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

Rule - 167. General.

(1)     No person shall use or cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in this Chapter, or in the Central Motor Vehicles Rules, 1989 or with any order thereunder made by the authority competent to pass such order.

(2)     Nothing in this rule shall apply to a motor vehicle which has been damaged in an accident while at the place of the accident or to a vehicle so damaged or otherwise rendered defective while being removed to the reasonably nearest place for repair or disposal:

Provided that where a motor vehicle can no longer remain under the effective control of the person driving the same it shall not be moved except by towing.

Rule - 168. Movement forward and backward.

Every motor vehicle other than a motor cycle shall be capable of moving under its own power either forward or backward:

Provided that, the Government may, by general or special order, exempt any three wheeler motor-vehicle or class of three wheeler motor vehicles from the provision of this rule, where it is satisfied that such vehicle or class of vehicle can be used in any public place without any danger to public safety.

Rule - 169. Mirror.

Every motor vehicle, other than a transport vehicle not being a motor cab or a motor cycle having not more than two wheeler and to which a side car is not attached, shall be fitted either internally or externally, and every transport vehicle other than a motor cab shall be fitted externally with a mirror so placed that the driver may have a clear and distinct vision of vehicle approaching from the rear:

Provided that the Government may, by general or special order, exempt any transport vehicle or class of transport vehicles from the provision of this rule on such conditions as may be specified in the order, if it is satisfied that having regard to the construction of such vehicle or class of vehicle the fitting of a mirror does not, serve any useful purpose.

Rule - 170. Restrictions regarding television set or video in the motor vehicles.

No television set or video shall be fitted or kept on or near the dash-board of the motor vehicle or shall be kept within the view of the driver.

Rule - 171. Dangerous projections.

(1)     No mascot or other similar fitting or device shall be carried by any motor vehicle registered in India in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot is unlikely to cause injury to any person by reason of any projection thereon.

(2)     Any motor vehicle which is so constructed that any axle hub or hub cap projects laterally more than four inches beyond the rim of wheel to which it is attached, shall not be permitted to be used unless the hub or hub cap does not project laterally beyond the body or wings of the vehicle or is provided with an adequate guard.

Rule - 172. Springs.

Every motor vehicle and every trailer drawn thereby shall be equipped with suitable and sufficient means of springing, adequately maintained in good and sound condition between the road wheels and the frame of the vehicle:

Provided that this rule shall not apply to-

(i)       any motor vehicle registered in India before the first day of April, 1940 if any means of springing with which it is fitted are adequately maintained in good and sound condition;

(ii)      any tractor not exceeding (four thousand five hundred and thirty-six kilograms) in weight unladen if all the unspring wheels of the tractor are fitted with pneumatic tyres;

(iii)     any land tractor, land implement, agricultural trailer, trailer equipped with pneumatic tyres having axle weight not exceeding (3050 kilograms) avoirdupois, or any trailer used solely for the haulage of felled trees or such other heavy loads as cannot be carried on springs;

(iv)    vehicles designed for use in works or in private premises and used on a road only in passing from one part of the works or premises to another or to works or premises within a distance of 3.2 kilometres;

(v)      such motor vehicle or class of motor vehicles not fitted with the means of springing by the manufacturers which the Government may, by general or special order, declare to be otherwise suitable for use on public road on the conditions specified in the orders.

Rule - 173. Mudguard.

(1)     Every motor vehicle except a tractor or a trailer, shall unless adequate protection is afforded by the body of the motor vehicle, be provided with mudguards, or other similar fitting to catch, so far as practicable, mud or water thrown up by the rotation of the wheels.

Rule - 174. Attachment to motor cycle.

(1)     Every side-car attached to a motor cycle shall be so attached, at left hand side of the motor cycle, that the wheel thereof is not outside perpendicular plans at right angles to the longitudinal aids of the motor cycle passing through the extreme projecting points in front and in the rear of the motor cycle.

(2)     Every pillion seat attached to a motor cycle shall-

(i)       have two foot-rests one on either side of and directly below the seat fitted in such a manner that a person sitting on the pillion seat can rest his feet on such foot-rests;

(ii)      have a suitable sprung cushion seat, and

(iii)     have a hard grip fitted to the front of the seat.

(3)     No pillion seat shall be attached to a motor cycle with less than 49 cc engine.

(4)     The rear wheel of every motor cycle on which pillion seat is fixed, shall be covered by a protective device covering two-thirds of the area of the rear wheel so as to prevent the clothes of the pillion rider from getting entangled with the spokes thereof.

Rule - 175. Communication with driver.

Every motor vehicle for the use of passengers in which the driver's seat is separated from the passenger compartment by a fixed partition which is not capable of being readily opened shall be furnished with efficient means to enable the passenger in such compartment and the conductor, if any, to signal the driver to stop vehicle

Rule - 176. Use of military colours and registration marks prohibited.

(1)     No motor vehicle other than a military motor vehicle, shall be used, in any public place, unless it is painted in colours scheme from that usually employed for military motor vehicles.

(2)     No such motor vehicle shall exhibit or carry any military registration mark.

Rule - 177. General.

Every public service vehicle and all parts thereof including paint work, varnish and upholstery, shall be maintained in a clean and sound condition and the engine mechanism and all working parts in reliable working order.

Rule - 178. Stability.

(1)     The stability of a public service vehicle other than a motor cab (or a single-decked trolley bus) shall be such that under any conditions of load, at any allowance of (68 kilograms) per passenger and his personal luggage, for which the vehicle is registered, if the surface on which the vehicle stands were tilted to either side to an angle of 35 degrees from the horizontal point at which over turning occurs would not be reached.

(2)     the stability of single-decked trolley bus shall be such that under any conditions of load, at an allowance of 68 kg. Per passenger and his personal luggage for which the vehicle is registered, if the surface on which the vehicle stands are tilted to either side to an angle of 32 degrees from the horizontal, the point at which overturning occurs would not be reached.

(3)     For the purpose of conducting tests of stability the height of any stop used to prevent wheel of the vehicle from slipping sideways shall not be greater than two thirds of the distance between the surface upon which the vehicle stands before it is tilted 'and that part of the rim of that wheel is loaded in accordance with the requirements of this rule.

Rule - 179. Seating room.

(1)     in every public service vehicle other than a motor cab, there shall be provided for each passenger except those permitted to be carried as standees, a reasonably comfortable seating space of not less than 381 millimetres measured on straight lines along and at right angles with front of each seat; and

(i)       When the seats are placed along the vehicle (facing each other) the back of the seats on the side shall be at least at 1.372 metres distance from the backs of the seats on the other sides;

(ii)      When the seats are placed along the vehicle and are facing in the same direction, there shall be a space of not less, than 685 millimetres between the back of the front seat and the back of rear seat, when measured from the rearmost point of the back of the front seat, to the rearmost point of the back of the rear seat. The front seat shall be in two parts with a gangway of 305 millimetres in three places, two at the two extremes and one at the middle;

(iii)     When the seats are placed across the vehicle and are facing in the same direction, there shall be a space of not less than (660 millimetres) between the back of the front seat and the front of the rear seat when measured at the topmost point of the upholstery.

(iv)    When seats are placed across the vehicle and are facing each other there shall be a space of not less than 1.27 millimetres between the back of the facing seats when measured from the topmost point of the upholstery.

(2)     The back of all seats shall be closed to a height of 406 millimetres above seat level.

Rule - 180. Maximum permissible area to be occupied by each seat.

(1)     notwithstanding anything contained in this rule, no ordinary public service or private service vehicle shall have area for each seat more than 459 square millimetres.

(2)     The area to be provided for each seat in Luxury or Tourist Air conditioned public service vehicle or private service vehicle shall not exceed 511 square millimetres.

Rule - 181. Gangways.

(1)     In every compartment of every public service vehicle the entrance to which compartment is either from the front or rear, there shall be a gangway along the vehicle; a and

(i)       Where the seats are placed along the vehicle facing each other there shall be as gangway a clear space of not less than 610 millimetres measured between the front of the seats provided that, the maximum of the gangway shall not be more than 686 millimetres, and

(ii)      Where seats are placed across the vehicle there shall be as gangway a clear space of not less than 305 millimetres between any part of adjoining seats or their supports provided that the maximum width of the gangway shall not be more than 381 millimetres.

(iii)     Where a row of seat is placed along one side of the vehicle and the other seats are placed across the vehicle there shall be as gangway a clear space of not less than 450 millimetres between the front of the seats placed along the vehicle and part of the adjoining seats or their supports placed across the vehicle:

Provided that the maximum width of the gangway shall be more than 526 millimetres.

(2)     Where the vehicle has seats placed across full width of the body with separate doors to each seat, a gangway from front to rear of the vehicle shall not be required.

Rule - 182. Condition regarding permission to carry standees.

(1)     Subject to the provision of sub-rule (2), no passenger shall be permitted to be carried standing in any public service vehicle.

(2)     Notwithstanding anything contained in sub rule (1)

(a)      standing passengers may be carried on the lower deck of any such public service vehicle if there is fixed in the roof of the gangway a grab-bar provided with hanger straps;

(b)      where such public service vehicle is operated within the limits of a municipal corporation, or a municipality, constituted under any law for the time being in force, in the state including an area (within a radius of eight kilometres) from such limits, the Regional Transport Authority may direct that passengers may be carried standing in such public service vehicle, if there is a clear space serving as a gangway of such greater width than the specified in rule 181 as the Regional Transport Authority may specify in this behalf;

(c)      the Regional Transport Authority may direct that in addition to the standing passengers permitted to be carried in any public service vehicle referred to in clauses (a) and (b), twelve school children may be permitted to be carried therein, during such period as may be specified by it, being periods when school going children leave their homes for attending schools or leave their schools for reaching home.

Rule - 183. Head room.

(1)     Every public service vehicle other than a motor cab shall have the internal height or headroom which is not less than 1.75 metres and not more than two metres measured along the centre of the vehicle from the top of the floor board or battens to the underside of the roof supports:

Provided that the Regional Transport Authority may vary the above measurements in respect of any public service vehicle plying solely in any specified municipal limits and the environs thereof.

(2)     Nothing in sub-rule (1) shall apply to motor vehicles constructed before that 1st day of July, 1989 in conformity with the provisions of rules made under the Act in any part of the State and in force therein before the date aforesaid.

Rule - 184. Driver's seat.

(1)     No public service vehicle shall be driven other than from the right hand side of the vehicle.

(2)     On every public service vehicle space shall be reserved for the driver's seat so as to allow him to have full and unimpeded control of the vehicle and in particular-

(i)       the part of the seat against which the driver's back rests, shall not be less than 280 millimetres from the nearest point of the steering wheel;

(ii)      the width across the vehicle shall be not less-than 690 millimetres and shall extend to the left of the centre of the steering column which shall in no case be less than 254 millimetres so that a line drawn parallel to the axis of the vehicle through the centre of any gear lever, brake lever or other device to which the driver has to have frequently access lies no less than 50 millimetres inside the width reserved for the driver's seat.

(3)     Arm-rests for the driver which is not more than 100 millimetres wide, may be provided within the space specified in clause (ii) of sub-rule (2);

(4)     No public service vehicle shall be so constructed that any person may sit or any luggage may be carried in the right hand side of the driver.

(5)     Every public vehicle other than a motor cab shall be so constructed that there shall be 'a separate compartment containing proper seating accommodation for the driver. This compartment may be separated by suitable rigid partition of metal bars or adequately spaced metal bars, both on the side and on the rear, so as to isolate the driver without obstructing his vision:

Provided that, in case of a motor cab licensed to carry five passengers, two passengers may be permitted to be carried by the side of the driver's seat.

(6)     Every public service vehicle shall be so constructed that, save from the front pillar of the body, the driver shall have a clear vision both to the front and through an angle of 90 degree to his right hand side. The front pillar of the body shall be so constructed as to obstruct the vision of the driver to the least possible extent.

(7)     The sub-rule (1) shall not apply to four wheeler driver jeep, motor cabs.

(8)     Notwithstanding anything contained in this rule where the Government, having regard to the availability and utility of any vehicle fitted with left hand steering control or the expediency of their use in public interest, is satisfied that it is necessary to do so, the Government may, by general or special order, exempt any public service vehicles or class of such vehicles from any of the provisions of this rule, on such terms and conditions, if any, as may be specified in the order.

Rule - 185. Width of doors.

(1)     Every entrance and exit of a public service vehicle other than a motor cab shall be at least 540 millimetres in width and of sufficient height.

[18]["(2) Every entrance or exit, of a stage carriage shall be fitted with doors which shall be capable of opening outside while entry or exit of a passenger and which could be securely locked while the vehicle is in motion so as to prevent passengers from falling out.".]

Rule - 186. Grab rail.

Grab rail shall be fitted to every entrance or exit, other than an emergency exit, of a public service vehicle other than a motor cab to assist passengers in boarding or alighting from the vehicle.

Rule - 187. Steps.

(1)     In every public service vehicle other than a motor cab, the top of the tread of the lowest step for any entrance or exit, other than an emergency exit, shall not be more than 600 millimetres or less than 425 millimetres, above the ground when vehicle is empty. All steps shall not be less than nine inches wide and shall in no, case project laterally beyond the body of the vehicle unless they are so protected by the front wings (or otherwise) that they are not liable to injure pedestrians. In every public service vehicle, other than a motor cab, the top of the tread of the lowest step for any entrance or exit, other than an emergency exit, shall not be at a height of more than 520 millimetres or less than 250 millimetres, above the ground when the vehicle is empty. All steps shall be fitted with non-slip tread. Fixed steps shall not be less than 200 millimetres wide and shall in no case project laterally beyond the body of the vehicle. The shortest distance between any step-well and a vertical plane passing through the front edge of a seat shall not be less than 225 millimetres.

Rule - 188. Cushions.

The seats of public service vehicle shall be provided with fixed or movable foam or soft cushions, and the cushion shall be covered with leather cloth of good quality or other suitable materials so that they are capable of being kept in a clean and sanitary condition.

Rule - 189. Body dimensions and guard rails.

(1)     Every public service vehicle other than a motor cab shall be so constructed that-

(a)      in case of a vehicle with an enclosed body-

(i)       the height of the body sides from the floor or the height to the sills of the windows, as the case may be, shall be less than 715 millimetres;

(ii)      if the height of the side of the body or the sills of the windows, as the case may be, above the highest part of any seat is less than 460 millimetres, provision shall be made by means of guard rails or otherwise, to prevent the arms of seated passengers being thrust through and being injured by passing vehicles, or the extent to which the side windows or venetians can be lowered is such that when lowered their top-edge is not less than 460 millimetres above the highest part of any seat;

(b)      in case of a vehicle with open sides, guard rails shall be provided along the right-hand side of the vehicle to prevent any person other than the driver from mounting or alighting from the vehicle on that side;

(2)     For the purposes of this rule, the seat-back shall not be deemed to be part of the seat.

Rule - 190. Protection of passengers from weather.

(1)     Every public service vehicle (other than a motor cycle without a side car) shall be either constructed with a fixed and watertight roof or equipped with a watertight hood that may be raised or lowered or as required.

(2)     Every public service vehicle (other than a motor cycle without a side car) shall have suitable windows, venetians or screens capable at all times of protecting the passengers from the weather without preventing adequate ventilation in the vehicle. When the screens are made of fabric, the whole of them shall at all times be fastened securely to the vehicle.

(3)     Where glass windows or venetians are used, they must be provided with effective means to prevent their rattling.

(4)     Glass windows or panels that are liable to be broken if passengers are thrown against them shall, unless they are of safety glass, be adequately guarded.

Windows shall be similarly guarded if there is any likelihood of passengers leaning out through the openings.

(5)     There shall be adequate ventilation for both passengers and drivers without the necessity for opening any main window or wind screen.

Rule - 191. Internal lighting.

Every public service vehicle other than a motor cab, having a permanent roof, shall be furnished with one or more electrical lights adequate to give reasonable illumination throughout the passengers compartment or compartments including the bending but the same shall be of such power or so screened as not to impair the forward vision of the driver.

Rule - 192. Body construction.

The body of every public service vehicle shall be constructed and fastened to the frame of the vehicle in compliance with such directions as may from time to time be issued by the State Transport Authority.

Rule - 193. Compulsory electric lighting.

No light other than an electric light shall be fitted to any public service vehicle.

Rule - 194. Fuel tanks.

(1)     No fuel tank shall be placed in any public service vehicle within sixty centimetres of any entrance or exit of a vehicle.

(2)     The fuel tank of every public service vehicle shall be so placed that no overflow there from shall fall upon any wood-work or accumulate where it can be readily ignited. The "off" position of the means of operation shall be clearly marked on the outside of the vehicle. The filling points of all fuel tanks shall be outside the body of the vehicle, and the filler caps shall be so designed and constructed that they can be securely fixed in position.

Rule - 195. Carburettors.

In every public service vehicle, any carburettor and apparatus associate therewith shall be so placed and shielded that no fuel leaking therewith shall fall upon any part or fitting that is capable of igniting it or into any receptacle where it might accumulate.

Rule - 196. Electric wires.

All electric wires or leads shall be adequately insulated.

Rule - 197. Fire extinguishers.

Every public service vehicle other than a motor cab shall be equipped with one or more fire extinguishers of such type and capacity, as may be specified by the State Transport Authority and such fire extinguishers shall at all times be maintained in working condition.

Rule - 198. Locking of Nuts.

All moving parts of every public service vehicle and all parts subject to severe vibrations connected by belts or studs and nuts shall be fastened by lock nuts or by nuts with efficient spring or lock nut washers or by castellated nuts and split pins or by some other efficient device so as to prevent them from becoming loose.

Rule - 199. Floor board.

(1)     The floor boards of every public service vehicle shall be strong and closely fitted so as to exclude as far as possible draughts and dust.

(2)     The floor boards may be pierced for the purpose of drainage but for no other purpose.

Rule - 200. Spare wheel and tools.

(1)     Save as otherwise specified, by the Regional Transport Authority in respect of municipal areas, every public service vehicle shall, at all times be equipped with not less than one spare wheel or rim, fitted with a pneumatic tyre in good and sound condition ready and inflated, and mounted in such a way that it can be readily dismounted and fitted to the vehicle, in the place of any one of the road wheels.

(2)     Every motor vehicle other than motor cycle shall at all times be furnished with an efficient jack and other tools necessary to change a wheel or rim and tyre, and with the equipment necessary to repair a puncture.

(3)     Every public service vehicle shall at all times be furnished with one screwdriver and at least with one spare fuse, one side-light bulb and one headlight bulb and when such vehicle is fitted with sealed beans head-lights with one spare sealed beam unit and a fan belt, one inspection lamp with 10 metres long wire:

Provided that, the Government may by general or special order, exempt for such period as may be specified therein, any public service vehicle or class of such vehicles in respect of any area, if it is satisfied that adequate arrangements exists for expeditious and efficient emergency repairs in such area.

Rule - 201. First aid box.

Every stage carriage shall carry first Aid equipment in the erosol bottles approved by Bureau of Indian Standard containing medicine for burns, wounds, pain-killer and dressing materials as prescribed by the State Transport Authority, dust proof first aid box containing the following articles, namely:-

(i)       A leaflet containing first aid instructions approved by the Government, from time to time;

(ii)      Twenty-four sterilised finger' dressings;

(iii)     Twelve sterilised hand or foot dressings;

(iv)    Twelve sterilised large or body dressings;

(v)      One extra large, two large and three small sterilsed burn dressings;

(vi)    Two large packets of sterilised cotton wool;

(vii)   A bottle of two percent tincture of iodine or a tube of antiseptic cream containing 0.5 percent of Cefrimide B.P. in a non-greasy base.

(viii)  A bottle of Sal Volatile

(ix)    Empty bottle fitted with cork and camel hair brush for eye drops:

Provided that, the Government may, by a general or special order, exempt from the provisions of this rule public service vehicle plying in such area or areas or on such particular route or routes, and on such conditions, if any, as may be specified in the order, if it is satisfied that medical aid is readily available, in such area or areas or routes.

Rule - 202. Testing and inspection of vehicles.

No public service vehicle shall ply in a public place unless it is covered by a valid fitness certificate. The provisions of these rules shall, as far as may be apply also to private service vehicles. The period of fitness certificate of private service vehicle shall not, in any case exceed two years at a time.

Rule - 203. Inspection of motor vehicles.

(1)     Notwithstanding anything contained in rule 202, if the Registering Authority has reason to believe that owing to the mechanical defects, any vehicle, is in such condition that its use in a public place constitutes a danger to the public, or that it fails to comply with the requirements of Chapter V of the Act or of rules, made thereunder, it may cause such vehicle to be inspected by an Inspector of Motor Vehicles and after giving the owner an opportunity of making any representation as required under sub-section (1) of section 53, suspend the certificate of registration of the vehicle under the said section till such time as the vehicle is produced for inspection duly repaired.

(2)     (a) On inspection, if the Inspector of Motor Vehicles is satisfied that such vehicle is in a mechanically defective condition, he shall issue to the owner a memorandum in Form M.V. ins. using such items thereof as are applicable to non-transport vehicles, and submit a copy thereof to the Registering Authority;

(b) If on receipt of a copy of such memorandum, the Registering Authority has reason to believe that owing to the mechanical defects, the vehicle is in such condition that its use in a public place constitutes a danger to the public, or that it fails to comply with the requirements of Chapter V of the Act or of the rules made thereunder, he may, after giving the owner an opportunity of making any representation as required under sub-section (1) of section 53 of the Act, suspend the certificate of registration of the vehicle under the said section till such time as the vehicle is produced for re inspection duly repaired.

(3)     The Registering Authority shall record below the certificate of registration of the vehicle, the date of every inspection and whether it was found in mechanically fit or defective condition.

(4)     A fee for every such inspection shall" be as prescribed by the Central Government.

Rule - 204. Clearance.

All the under parts of the vehicle inside the pivots of the front axle and steering arms which must be placed as near as possible to road wheel as far back atleast as the rear axle, shall be above the ground, by not less than 254 mm, when the vehicle is fully loaded. In addition sufficient allowance shall be made, to provide for the wear of the tyres, setting down of the springs, or other causes likely to reduce height, so that the minimum clearance of 254 millimetres is at all times maintained.

Rule - 205. Springs.

(i)       Chassis springs shall be properly hung and must be of sufficient strength and flexibility to meet all likely contingencies.

(ii)      The rear springs shall be attached to or bear upon the back axle casing as near to the road wheels as possible and (the distance between the springs from inside to outside) shall not be less than 50 percent of the overall width of the vehicle.

(iii)     The front springs shall be as wide-apart as possible and the difference between them shall not be less than 37 percent of the overall width of the vehicle:

Provided that, if the width of the rear spring is 53 percent of the overall width of the vehicle, or more, the minimum distance between the front springs may be by 2.54 centimetres less than that required by this sub-rule.

(iv)    There shall be no cross springs.

Rule - 206. Wheel track.

The wheel tracks of both front and rear wheel shall coincide and the distance between the centre lines of the tracks of the front wheels shall not be less than 69 percent of the overall width of the vehicle.

Rule - 207. Ventilation.

Every stage carriage shall be provided with adequate means of ventilation so that there shall be proper ventilation even when the windows, if any, are not opened. If the carriage is provided with opening windows, suitable provision shall be made so that opening of the window could be adjusted.

Rule - 208. Certain riles to be applicable to private vehicle and certain transport vehicles.

The provisions of rules 177 to 199 shall apply to private service vehicles and transport vehicles registered in the name of educational institutions which are recognised by the Government or which are managed by societies registered under the Societies Registration Act, 1860, and the provision of the rules 182 to 183 shall apply in relation to public service vehicles:

Provided that, the measurements under rules 182 and 183 in respect of private service vehicles may be relaxed by the Regional Transport Authority and after such relaxation, the internal height or the head room shall not be less than 1.425 metres. Provided further that, the rule for head room, shall not apply to private service vehicle.

Rule - 209. Body and loading platform.

Every goods vehicle including a trailer shall be equipped with a strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other road users, and such that the load can be securely packed within or fastened to the body or the platform.

Rule - 210. Chocks.

(1)     In order to prevent a goods vehicle from running backward on slopes, or otherwise to render it immobile, every such vehicle, not being a light motor vehicle, shall be equipped with two edged-shaped rigid chocks, each measuring 30 centimetres in length, 30 centimetres in breath and 254 centimetres in height, with one of its sides having a slope making an angle of 45 degrees at the end. The plane surface of the sloped side of each chock shall be rendered concave so as to fit the outer circumference of the tyres normally fitted to the rear wheel of the vehicles.

(2)     Notwithstanding anything contained in sub-rule (1), where such vehicle is fitted with single rear wheel, the breath of each such chock may be less than 30 centimetres but not less than 15 centimetres.

(3)     Each such chock shall have a hook and be kept-

(a)      in a bracket fitted on the outer skirt of the trail board of the vehicle, or

(b)      where the vehicle has no trail board, in a metal carrier fitted between the frame side members, underneath the body nearest to the rear wheel on either side. The trail board of the vehicle and where the vehicle has no trail board, the wooden planks above the frame side members shall also have a hook in the centre.

(4)     Each such chock shall be linked with the trail board or where the vehicle has no trail board with the wooden planks above the frame side members, by means of metal chain or steel wire rope of sufficient length and strength, fastened to the hook in the chock and to the hook in the trail board or the wooden planks as the case may be.

(5)     No person shall use any boulder or any substance of a similar nature in lieu of wooden chocks on the slopes or otherwise to prevent the goods vehicle other than light motor vehicle from running back on slopes or to render it immobile otherwise.

(6)     Notwithstanding anything contained in the rule, the Government may be by notification in the Official Gazette exempt from the provisions of this rule, any goods vehicle or class of such vehicles which in its opinion are not likely to slip backwards on slopes.

Rule - 211. Driver's seat.

(1)     The provisions of rule 184 applicable to public service vehicles shall also apply to goods vehicles other than light motor vehicles provided with bucket type seats:

Provided that, where the Government, having regard to the price utility of any goods vehicle or class of goods vehicles, is satisfied that it is necessary so to do, it may, by general or special order, exempt any goods vehicle or class of goods vehicle fitted with left hand steering control from the provisions of sub-rule (1) of rule 184.

(2)     Where a Registering Authority registers a goods vehicle in respect of which, or belonging to a class in respect of which, an order under sub-rule (1) has been made, he shall note in the certificate of registration, the fact that nothing contained in sub-rule (1) of rule 184, shall apply to that goods vehicle and consequently the provisions requiring that vehicle shall be driven from the right hand side shall apply to the said goods vehicle.

Rule - 212. Securing of goods in open goods vehicles.

Goods transported in an open goods vehicle shall be properly secured within the body of such vehicle in such a manner so as to prevent the goods from falling from such vehicle:

[19]["Provided that whenever mineral ore, sand or such other materials are transported, the luggage box carrier shall have a free board/free space of minimum 6 inches between the material and the upper edge of the carrier box and the same shall be properly secured and covered with tarpaulin so as to prevent any spillage and dust pollution".]

Rule - 213. Application of rule of goods vehicles.

The provisions of rule 200 shall apply to every goods vehicle.

Rule - 214. Checking of design of locally manufactured trailers.

(1)     An application for the approval of a new design of trailer manufactured in India and intended to be used as a transport vehicle shall be sent to the Director of Transport in triplicate by the manufacturer or his authorized assembler in form TLDA. Such application shall be accompanied by three copies of each of the following in addition to other documents mentioned in the form of application, namely:

(i)       Full specifications;

(ii)      Drawings giving all dimension and detail;

(iii)     Set of design calculations of;

(a)      Axles,

(b)      Springs,

(c)      Long bearers,

(d)      Cross bearers,

(e)      Platform tank or anything that may be carried on the cross bearers,

(f)       Tow bar,

(g)      Turn table of two axle trailers,

(h)     Breaking arrangements, and

(i)       Any other item, such as shock absorbers, if included.

(2)     (a) The Director of Transport shall, forward the application and the copies of documents to the Government Engineering College, Farmagudi or any other institute approved by the Government (hereinafter referred to as the "Institute") having competence and technical capacity to check the design of the trailer, for verification and recommendation of the greatest laden and axle weights in respect of the trailer which are compatible with reasonable safety.

(b) The institute shall then go through the design and calculations, and if the design is found satisfactory by it, certify what would be in its opinion, the greatest laden and axle weights of the trailer which are compatible with reasonable safety.

(c) In case, the design is not found satisfactory, the Institute shall advise the applicant to that effect, and recommend such changes in the design as may be required, to make the trailers suitable for the desired load.

(d) The Institute may call upon the applicant, to furnish details, if required. In such case, the applicant shall furnish fresh specification and drawings incorporating alterations, if any.

(e) When a design is found satisfactory, the Institute shall return two copies of the approved design specifications and calculations with its recommendations as to the maximum laden and axle weights compatible with reasonable safety to the Director of Transport. The Director of Transport may, then approve the design and call for as many extra copies of the approved types of design, specifications and calculations as may be required by him for sending them to different Registering Authorities for their record.

(3)     The maximum fee which may be charged by the Institute for such checking of a design shall be Rs. 500/-. The fee shall be paid by the applicant to the Principal Secretary of the Institute direct on demand by him and shall not be refundable.

(4)     Notwithstanding anything contained in sub-rules (1),(2) and (3), the approval of the design of a trailer manufactured in India by a competent Authority in any other States in India shall be deemed to be an approval accorded under these rules:

Provided that, there is in force in that other States a rule or rules conforming to or containing substantially the same provisions as in this rule.

CHAPTER-VIA SPECIAL RULES APPLICABLE TO MOTOR CYCLES PERMITTED TO BE USED AS CONTRACT CARRIAGES

Rule - 215. Horse power.

No motor cycle shall be permitted to be used for hire unless its cubic capacity is not less than 95 cc. and does not exceed 350 c.cs

Rule - 216. Colour.

(1)     The mudguards of every motor cycle permitted to be used on hire shall be painted in yellow colour and the rest of the body shall be painted in black colour.

(2)     No motor cycle other than a motor cycle permitted to be used on hire shall be painted with yellow and black colour.

Rule - 217. Lights.

Every motor cycle shall be fitted with one head light on the body in front. In addition to the front light, the motor cycle shall be fitted with a rear lamp showing to the rear a red light visible from a distance of 150 metres and illuminating with transparent light the registration marks exhibited on the rear of the motor cycle so as to render it legible from a distance of 15 metres. The motor cycle shall also be fitted with a rear stop light to be operated by foot brake.

Rule - 218. Horn.

Every motor cycle shall be fitted with an electric or magnetic horn.

Rule - 219. Speedo-meter.

(1)     Every motor cycle shall be fitted with an instrument (hereinafter referred to as a "speed-meter") so constructed and in such a position as at all times ready to indicate to the rider the speed at which the motor cycle is plying.

(2)     Every speed-meter shall also record the total kilometres covered by such motor cycle on the basis of which fare can be paid.

(3)     the speed limit of every motor cycle shall not exceed 40 kms. Per hour. This speed shall, however be subject to the local limits.

Rule - 220. Rear view mirror.

Every motor cycle shall be fitted with a rear view mirror mounted at a suitable place to give a clear unobstructed view of the rear to the motor cycle rider.

Rule - 221. Crash grid.

Every motor cycle shall be fitted with a crash grid at the front only in such a way that it projects on either side at right angles to the frame and will be at a distance of not more than five centimetres from the outward and of the foot rest.

Rule - 222. Passengers seat.

Every motor cycle shall be fitted with a pillion seat at the back of size not less than 25 cms x 30 cms so as to provide a comfortable seat to the passenger.

Rule - 223. Carriage of luggage.

No luggage shall be carried on a motor cycle at any time.

Rule - 224. Rate card.

The rider of every motor cycle shall carry with him the rate card indicating the fares fixed by the authorised which he shall produce to any passenger on demand.

Rule - 225. Uniform.

The rider of every motor cycle shall wear an uniform to be specified by the State Transport Authority and display the badge issued to him under rule 24(1) on the left side of his chest.

Rule - 226. Stands.

Every motor cycle shall be available for public service at the stands to be fixed by the District Magistrate in consultation with Police Authorities.

CHAPTER-VI B SPECIAL SPECIFICATIONS FOR MOTOR VEHICLE AUTORICKSHAW BODIES

Rule - 227. Type of body and material.

The body of every auto-rickshaw shall be either of a station wagon or a box type or hackney carriage type as approved by the State Transport Authority, constructed to the satisfaction of the Registering Authority and shall be securely fastened to the frame of the vehicle. There shall he adequate arrangements for protection of passengers from sun, wind and rain. The materials used in the construction shall be strong and of good quality.

Rule - 228.

The roof shall be so constructed as to provide protection for passengers from sun and rain and shall be either of metal sheeting or canvas or some other suitable material.

Rule - 229. Overhang.

The overhang of the body shall not exceed forty one percent of the distance between the plane perpendicular to the axis of the autorickshaw which passes through the centre of the front wheel and the centre of the rear axle.

Rule - 230. Overall width.

(i)       4-passenger auto-rickshaws-The overall width measured at right angles to the axis of the planes enclosing the extreme points shall be not more than 1.8 metres and not less than 1.3 metres.

(ii)      2-passengers auto-rickshaws The overall width measured at right angles to the axis of the planes enclosing the extreme points shall be not more than 1.4 metres and not less than 1 metre.

Rule - 231. Overall height.

(i)       4-passenger auto-rickshaws-The overall height measured from the surface on which autorickshaw stands shall not exceed 1.4 metres and there shall be at least 1.2 metres clear head space between floor board and the roof.

(ii)      2-passenger autorickshaws.-The overall height measured from the' surface on which autorickshaw stands shall not exceed 1.4 metres and there shall be at least 1.2 metres clear head space between floor board and the roof.

Rule - 232. Road clearance.

The road clearance of every autorickshaw shall be not more than 225 millimetres and riot less than 150 millimetres.

Rule - 233. Clearance of boards.

The floor board shall not be more than 550 millimetres above the surface on which the autorickshaw stands.

Rule - 234. Lights.

Every auto-rickshaw shall be fitted with one head and two side transparent lights or two head lights on the body in the front. In addition to the front lights, an auto-rickshaw shall be fitted with the rear lamp showing to the rear a red light visible from a distance of 150 metres and illuminating with transparent light the registration mark exhibited on the rear of the vehicle so as to render it legible from a distance of 15 metres and also two cat's eye reflectors on the rear mudguards so as to warn the vehicular traffic approaching from behind that there is an autorickshaw ahead. If no mudguards are used cat's-eye reflectors in the rear will be optional. The autorickshaw shall be also fitted with a rear stop-light to be operated by foot-brake.

Rule - 235. Driver's seat.

The back of the driver's seat shall have at least 100 millimetres of clearance from tine front panel of the body. A wind screen shall be provided for the driver.

Rule - 236. Gangway.

In every 4-passenger autorickshaw the entrance to which is from the front or rear and the seats are placed across the vehicles there shall be a gangway of not, less than 300 millimetres.

Rule - 237. Seat.

The seating area and the seating layout shall be in accordance with these rules and the dimensions and specifications thereof shall be as may be specified by the State Transport Authority, in its approved seating layout plan.

Rule - 238. Leg space.

(i)       In every 4-passenger autorickshaw, there shall be provided atleast 275 millimetres as leg space.

(ii)      In other passenger auto-rickshaw, there shall be provided at least 375 millimetres as leg space.

Rule - 239. Milometer.

Every autorickshaw shall be provided with a suitable type of milometer to record total mileage covered on the basis of which fare is paid and also milometer of the type in which trip reading can be adjusted to zero or which can be used as fare meter.

Rule - 240. Horn.

Every autorickshaw shall be fitted with a bulb horn in addition to electric horn.

Rule - 241. Rear view mirror.

Every autorickshaw shall be fitted with a rear view mirror mounted at a suitable place to give a clear unobstructed view of the rear to the driver.

Rule - 242. Brakes.

Every autorickshaw shall be fitted with mechanically-operated brakes capable of stopping the vehicle within a reasonable safe distance in emergency or for parking purpose.

Rule - 243. Reverse Gear.

Four-seater autorickshaw built over a chassis fitted with an engine rated at 7.5 h.p. or above shall be fitted with reverse gear arrangements so as to reverse the vehicle while in operation.

Rule - 244. Differential assembly.

Every autorickshaw with a rear drive shall be provided with a differential assembly, power to which is transmitted either through chain or a shaft.

CHAPTER VII CONTROL OF TRAFFIC

Rule - 245. Vehicle abandoned on road.

(1)     If any motor vehicle is allowed to stand in any place, other than a duly appointed parking place, in such away as to cause obstruction to traffic or danger to any person, any Police Officer, or any officer of the Motor Vehicle Department not below the rank of Assistant Inspector of Motor Vehicles may,

(i)       forthwith cause the vehicle to be moved under its own power or otherwise to the nearest place where the vehicle will not cause undue obstruction or danger;

(ii)      unless it is moved to a position where it will not cause obstructions danger take all reasonable precautions to indicate the presence of the vehicle; and

(iii)     if the vehicle has been stationary in one place for a continuous period of ten hours and' adequate steps have not been taken for its repairs or removal by the owner or his representative, remove the vehicle and its contents to the nearest place of safe custody.

(2)     If a motor vehicle has been stationary in a duly appointed parking place for a period exceeding that specified by a competent authority in respect of the said place or, if no such period has been specified, for a period exceeding six hours, any Police Officer may remove the vehicle to the nearest place of safe custody.

(3)     Notwithstanding any fine or penalty which may be imposed upon any person upon conviction for the contravention of the provisions of section 122 or of any regulations made by a competent authority in relation to the use of duly appointed parking places, the owner of the motor vehicle or his heirs or assignees shall be liable to make good any expenses incurred by any person in connection with the moving, lighting, watching, or removal of a vehicle or its contents in accordance with sub-rules (1) and (2) and any Police Officer, or any person into whose custody the vehicle has been entrusted by any Police Officer, shall be entitled to detain the vehicle until he has received payment accordingly and shall upon receiving such payment, give a receipt to the person making the payment.

Rule - 246. Installation and use of weighing devices.

(1)     A weighing device for the purpose of section 114, may be-

(i)       a weigh-bridge installed and maintained at any place by or under the order of the Government or a local authority or a railway administration.

(ii)      A weigh-bridge installed and maintained by any person and certified by the Registering Authority to be weighing device for the purpose of Act and these rules; or

(iii)     A portable wheel-weigher of any kind approved by the Government.

(2)     The driver of any goods vehicle shall upon demand by a competent authority, riot below the rank of Inspector of Motor Vehicle, drive and manipulate the vehicle so as to place it or any wheel or wheels thereof, as the case may be, upon any weigh-bridge or wheel-weigher in such a manner that the weight of the vehicle or the weight transmitted by any wheel or wheels may be exhibited by the weigh-bridge or wheel-weigher.

(3)     If the driver of a motor vehicle fails within a reasonable time to comply with a requisition under sub-rule (2), the said officer may cause any person, being the holder of a requisite driving licence, authorising him to drive and manipulate the vehicle.

(4)     When the weight or axle weight of a motor vehicle is determined by separate and independent determination of the weigh transmitted by any wheel or wheels of the vehicles, the axle weight and the laden weight of the vehicle shall be deemed to be the sum of the weights transmitted, by the wheels of any axle or by all the wheels of the vehicle, as the case may be,

(5)     Upon the weighment of a vehicle in accordance with section 114 and this rule, the person who has required the weightment or the person in charge of the weighing device shall deliver to the driver or other person in charge of the vehicle statement in writing of the weight of the vehicle and of any axle, the weight of which is separately determined.

(6)     The driver or other person in charge of, or owner of a vehicle which has been so weighed may challenge the accuracy of the weighing device, by a statement in writing accompanied by a deposit of twenty rupees delivered-

(i)       within one hour of the receipt of the statement referred to in sub-rule (5), to the person by whom the statement was delivered to him, or

(ii)      within fourteen days of the service on him of notice of proceedings against him under section 113, to the Court issuing such notice.

(7)     Upon receipt of a statement challenging the accuracy of weighing device under sub-rule (6), the person or the court by whom the statement is received shall write to the Registering Authority, for the weighing device to be tested, by an Inspector of Weights and Measures and the certificate of such Inspector regarding the accuracy of the weighing device shall be final.

(8)     If, upon the testing of a weighing device under sub-rule (7), the weighing device is certified to be accurate or to be inaccurate to an extent which is more or less than any weight by which the laden weight or unladen weight of the vehicle is shown in the statement referred to in sub-rule (5) and if such weight exceeded the registered unladen weight, a contravention of section 113 shall be deemed to have been proved.

(9)     If, upon the testing of a weighing device under sub-rule (7) the weighing device is certified to be inaccurate to an extent which is greater than any weight by which the registered laden weight or as the case may be, registered unladen weight of the vehicle which is shown in the statement referred to in sub-rule (5), then no further proceedings shall be taken in respect of any such laden weight or unladen weight., If the device is certified to be inaccurate to the extent in respect of every such laden weight or unladen weight actually weighed, the deposit specified in sub-rule (6) shall be refunded.

(10)   No person shall, by reason of having challenged the accuracy of any weighing device under sub-rule (6) be entitled to refuse to comply with any order in writing under section 114.

Rule - 247. Restriction on driving with gear disengaged.

On any hill marked by traffic sign No. 10 of Part 8 of the Schedule to the Act, no person shall drive any motor vehicle with the engine free, that is to say, with the gear lever in neutral, the clutch level depressed or with any free wheel or other device in operation which frees the engine from the driving wheels and prevents wheels and prevents the engine from acting as a brake when the vehicle is travelling down an incline.

Rule - 248. Prohibition of mounting or taking hold or vehicle in motion.

(1)     No person shall mount or attempt to mount on, or dismount from any motor vehicle in motion.

(2)     No person shall take hold of, and no driver of a motor vehicle shall cause or allow any person to take hold of, any motor vehicle, when in motion for the purpose of being towed or drawn upon some other wheeled vehicle or otherwise.

Rule - 249. Towing.

(1)     No vehicle other than a mechanically disabled or incompletely assembled motor vehicle, a registered trailer or a side car, shall be drawn or towed by any motor vehicle.

(2)     No motor vehicle shall be drawn or towed by any other motor vehicle unless there is in the driver's seat of the motor vehicle being drawn or towed, a person holding a licence authorising him to drive the vehicle or unless the steering wheel of the' motor vehicle being towed are firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.

(3)     When a motor vehicle is being towed by another motor vehicle, the clear distance between the rear of the front vehicle and the front of the rear vehicle shall at no time exceed five metres. Steps shall be taken to ensure that the tow rope or chain is easily distinguishable by other users of the road, and there shall be clearly displayed on the rear of the vehicle being towed in block letters, not less than seventy-five millimetres high and on a transparent background the word "ON TOW":

Provided that, no person shall be liable to be convicted for the contravention of this sub-rule for failure to display the words "ON TOW" if the motor vehicle which is towing the other is not a motor vehicle adopted and ordinarily used for the purpose and so long as the vehicle is being towed between the place of the break-down and the nearest place on the route at which the necessary materials can be obtained.

(4)     No motor vehicle when towing another vehicle, other than a trailer or side-car shall be driven at a speed exceeding twenty kilometres per hour.

Rule - 250. Driving of tractors on roads.

(1)     No tractor, when fitted for being driven on a public road shall be driven on such road at a speed exceeding ten kilometres per hour and no such tractor shall take sharp turn on such road:

Provided that, if such tractor be a crowler tractor, it shall not be driven on an asphalt road between 9 a.m. to 9 p.m.

(2)     Every such tractor, when driven on a metalled road, shall be driven as far as possible on the side strips of such road.

Rule - 251. Footpaths, cycle tracks and traffic segregation.

Where any road or street is provided with footpaths or tracks reserved for cycles or specified classes of other traffic, no person shall save with the sanction of a police officer in uniform, drive any motor vehicle or cause or allow any motor vehicle to be driven on any such footpath or track.

Rule - 252. Projection of loads.

(1)     No person shall drive, and no person shall cause, or allow to be driven, in any public place any motor vehicle which is loaded in a manner likely to cause danger to any person or in such a manner that the load or any part thereof or anything extends-

(i)       laterally beyond the side of the body or beyond vertical plane in prolongation of the side of the body;

(ii)      to the front beyond the foremost part of the body of the vehicle;

(iii)     to the rear beyond the rear most part of the body of the vehicle; and (iv) in height by a distance which exceeds 3.66 metres in case of a goods vehicle and 3.4 metres in case of any other motor vehicle from the surface upon which the motor vehicle rests.

(2)     Clause (iii) of sub-rule (1) shall not apply to a goods motor vehicle when loaded with any pole or other projecting thing so long as,

(i)       the projecting load falls within the limit of the body of the trailer being drawn by the goods vehicle; or.

(ii)      the distance by which the pole or other thing projects beyond the rear-most point of motor vehicle does not exceed 1.85 metres; and

(iii)     there is attached to the rear of such pole or other thing in such a way as to be clearly visible from the rear at all times, a transparent circular disc of not less than 38 centimetres in diameter; and during the period commencing half an hour after sunset and ending half an hour before sunrise, a lamp in addition to the prescribed lamps on the vehicle so arranged as to show a red light to the rear, and also a circular disc of not less than 38 centimetres in diameter painted in retro reflected red colour so that the same will be illuminated in the light of the vehicle approaching from the rear.

(3)     The Registering Authority or any officer not below the rank of Assistant Director of Transport authorised by him by name or by designation may, by order in writing, exempt any motor vehicle, for such purpose, for such period and subject to such conditions as he may specify, from any or all of the provisions of this rule on application submitted in Form T.O.D.A.

(4)     If the Registering Authority of the vehicle is located outside Goa, the registered owner of the vehicle may apply for exemption to the Registering Authority or any officer not below the rank of Assistant Regional Transport Officer/Assistant Director of Transport authorised by him and in whose jurisdiction the motor vehicle will start journey in the State or enter the State and shall obtain the exemption under sub-rule (3) prior to the entry in the State.

(5)     While granting exemption under sub-rules (3) and (4), the Registering Authority or the officer authorised by him shall consult the Public Works Department and the State Traffic Police and only if satisfied that such exemption will not cause any danger to any bridge or obstruction to traffic or danger to other vehicles or passengers travelling in other vehicles, shall grant such exemption.

(6)     Such exemption under sub-rules (3) or (4) shall be granted in Form T.O.D.P. and copies thereof shall be despatched to the Registering Authorities through whose jurisdiction the motor vehicle will travel.

Rule - 253. Restriction as to carriage of dangerous substances.

(1)     Except for the fuel and lubricants necessary for the use of the vehicle, no explosive, inflammable or otherwise dangerous substance, shall be carried on any public service vehicle and on any motor vehicle unless it is so packed that, even in the case of an accident to the vehicle it is unlikely to cause damage or injury to any person or property.

(2)     If in the opinion of an Assistant Inspector of Motor Vehicles or a Police Officer not below the rank of Sub-Inspector, any public service vehicle or a motor vehicle is at any time loaded in contravention of this rule, he may order the driver or other person in charge of the motor vehicle to remove or repack the inflammable or dangerous substance, and till such time shall not allow the public service vehicle or a motor vehicle to continue its journey.

Rule - 254. Restriction on use of sound signals.

(1)     No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped, or shall cause or allow any other person to do so needlessly or continuously or to 'an extent beyond that which is reasonably necessary to ensure safety.

(2)     The District Magistrate, may, by notification published in the Official Gazette or in one or more newspapers in the district, as the case may be, and by the erection in suitable place of traffic sign No. 7, as set forth in Part A of the Schedule to the Act, prohibit the use by drivers of motor vehicles, of any horn, gong or other device for giving audible warning in any area and during such hours as may be specified in the notification:

Provided that, when the District Magistrate, prohibits the use of any horn, gong or other device for giving audible warning during certain specified hours, he shall cause a suitable notice, in English, setting forth the hours within which such use is so prohibited to be affixed below the traffic sign.

Rule - 255. Prohibition of use of cut outs.

No driver of a motor vehicle shall in any public place, make use of any cut-out or other device by means of which the exhaust gases of the engine are released, save through the silencer.

Rule - 256. Restriction on travelling backwards.

No driver of a motor vehicle shall cause the vehicle to travel backwards without first satisfying himself that he will not thereby cause danger or undue inconvenience to any person or in any circumstances, save in the case of a road roller, for any greater distance or period of time as may be reasonably necessary in order to turn the vehicle round.

Rule - 257. Use of lamps when vehicle is at rest.

If, within the limits of any Municipal Corporation or a Municipality a motor vehicle is at rest within the hours during which lights are required to be put on, at the left-hand side of any road or street or elsewhere in any duly appointed parking place, it shall not be necessary for the motor vehicle to exhibit any light save as may be required generally or specially by the District Magistrate.

Rule - 258. Restriction on dazzling light.

(1)     The driver of a motor vehicle shall, at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzle.

(2)     The District Magistrate may, by notification in the Official Gazette and by erection of suitable notices in English and in the local language prohibit the use, within such areas or in such places as may be specified in the notification, of lamps giving a powerful or intense light.

Rule - 259. Visibility of lamps and registration marks.

(1)     No load or other things shall be placed at any time on any motor vehicle so as to mask or otherwise interrupt vision of any lamp, registration mark or other marks required to be carried by or exhibited on any motor vehicle by or under the provisions of the Act, unless a duplicate of the lamp or mark so masked or otherwise obscured is exhibited in the manner required by or under the Act for the exhibition of the masked or obscured lamp or mark.

(2)     All registration and other marks required to be exhibited on a motor vehicle by or under the provisions of the Act shall, at all times be maintained as far as may be reasonably possible in a clear and legible condition.

Rule - 260. Stop sign on road surface.

(1)     When any line is painted on or inlaid into the surface of any road at the approach to a road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle so that any part thereof projects beyond that line at any time when a signal to stop is being given by a police officer or by means of traffic control lights or by the temporary display of sign No. 3 of Part A of the Schedule to the Act.

(2)     A "line" for the purpose of this rule shall be not less than 50 millimetres in width at any part and shall be either in transparent, black or yellow.

Rule - 261. Traffic signs to be observed.

Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by a traffic sign, the erection of which is permitted under sub-section (1) of section 116.

Rule - 262. Duty to comply with traffic control signals.

(1)     Every driver of a motor vehicle when driving the vehicle in a public place shall comply with any traffic control signal given either by any electrically operated device or by any Police officer in uniform for the time being engaged in regulation of traffic in such public place in the manner as illustrated in the Fourth Schedule.

(2)     The Motor Vehicles showing red light to the front as notified by the Government from time to time shall have preferential right of way.

Rule - 263. Traffic signs at unguarded railway level crossings.

Every driver of a motor vehicle shall observe the mandatory sign of the size, colour and type set forth below at each of the approaches of every unguarded railway level crossing:

MANDATORY SIGN

60 Centimetres

-

PROCEED

Border Red

Background White

Letters-Retro-reflecting red

Rule - 264. Erection or placing of signs or advertisement on roads prohibited.

No person shall place or erect or cause or allow to be placed or erected, on any road any sign of advertisement, which in the opinion of the Inspector General of Police or the District Magistrate, District Superintendent of Police or the Director of Transport, is so placed or erected as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to be misleading.

CHAPTER-VIIA SPECIAL RULES APPLICABLE TO TRAILERS

Rule - 265. Provision as to Trailers.

No trailer other than the trailing half of an articulated vehicle shall be attached to a public service vehicle.

Rule - 266. Prohibition and restriction on use of trailers with motorcycles and invalid carriages.

(1)     A motor cycle with not more than two wheels with a side-car shall not draw a trailer.

(2)     A motor cycle with not more than two wheels without a side car shall not draw a trailer unless the combination complies with the following requirements:

(i)       the connection of the trailer to the motor cycle is behind the apex of the rear tyre, of, or within the wheel base;

(ii)      the trailer-motor cycle connection shall allow the motor cycle complete freedom of movement in the lateral plane. It shall rotate freely about the vertical axis preferably through 180 degree;

(iii)     the motor cycle remains always in a vertical or in a lined plane without the rider having to balance it.

Rule - 267.

Prohibition of attachment of trailer to certain vehicle. No motor vehicle which exceeds 8.4 metres in length not being a motor vehicle used for towing a disabled motor vehicle shall draw a trailer.

Rule - 268. Restriction on numbers of trailers to be drawn.

No tractor shall draw more than one trailer:

(1)     No tractor shall draw on a public road:

(i)       a trailer exceeding half metric ton in weight unladen and fitted with solid steel wheels less than 60 centimetres in diameter, and

(ii)      a disc barrow without trolley wheels used as trailing implements behind a tractor.

(2)     No other goods vehicle shall draw more than one trailer.

Rule - 269. Attendants on trailer.

(1)     Where a trailer is being drawn by a motor vehicle, there shall be carried in the trailer or on the drawing motor vehicle, as the case may be, the following persons, not being less than twenty years of age and competent to discharge their duties, that is to say-

(a) if the brakes of the trailer cannot be operated by the driver of the drawing motor vehicle or by some other person carried on that vehicle-

(i) one person on the trailer competent to apply the brakes; and

(ii) one person placed at or near the rear of the Trailer in such a position as to be able to have clear view of the road in rear of the trailer to signal to the drivers of overtaking vehicles and to communicate with the driver of the drawing motor vehicle;

(b) if the brakes of the trailer can be operated by the driver of the motor vehicle or by some person carried on that vehicle such other person in addition to the driver shall be carried on that vehicle and one person on the trailer in accordance with the provisions of sub-clause (ii) of clause (a);

(c) if the trailer is being drawn by tractor the unladen weight of which exceeds 7,250 kilogrammes, notwithstanding that the brakes of the trailer can be operated by the driver or some other person on the tractor not less than two persons on the trailer one of whom shall be the person required by the provisions of sub-clause (ii) of clause (a).

(2)     This rule shall not apply,

(a)      to any trailer having not more than two wheels and not exceeding 771 kilogrammes in weight laden when used singly and not in a train with other trailer;

(b)      to the trailing half of an articulated vehicle;

(c)      to any trailer used solely for carrying water for the purposes of the drawing vehicle when used singly and not in a train with other trailers;

(d)      to any agricultural or road-making or road-repairing or road cleansing implement drawn by a motor vehicle; or

(e)      to any closed trailer specially constructed for any purpose and specifically exempted from any or all of the provisions of this rule by an order in writing made by the Registering Authority, to the extent so exempted.

Rule - 270. Restriction on length of train of vehicle and trailers.

The sum total of the length of any vehicle and its attached trailer or trailers shall not exceed 18 metres.

Rule - 271. Distinguishing mark for trailers.

(1)     no person shall drive, or offer or cause to be driven, in any public place any motor vehicle to which a trailer is or trailers are attached unless there is exhibited on the back of the trailer or of the last trailers in train, as the case may be, a distinguishing mark in the Form set out in the diagram contained in the Fifth Schedule in retro-reflective red colour and transparent background.

(2)     The mark shall be kept clean and unobscured and shall be so fixed to the trailer that

(i)       the letter on the mark is vertical and easily distinguishable from the rear of the trailers;

(ii)      the mark is either on the centre or to the right hand side of the bark of the trailer; and

(iii)     no part thereof is at a height exceeding one hundred and twenty centimetres from the ground.

(3)     This rule shall not apply to the case referred to in clauses (a), (b), (c) and (d) of sub-rule (2) of rule 269.

Rule - 272. Special rules for heavy goods and passenger motor vehicles attendant.

The driver of a heavy goods and passenger motor vehicle shall be accompanied by an attendant who shall be in a position to give warning of any traffic approaching from the rear and shall assist the driver by giving signal when the motor vehicle is being taken in reverse.

Rule - 273. Wearing of protective head gear.

(1)     Every person while driving a motor cycle of any' type that is to say motor cycles, scooters and mopeds etc., shall wear protective head gear of such quality as to reduce head injuries to riders of two wheeler resulting from head impacts.

(2)     A protective head gear referred to in sub-rule (1) should be one which has been approved by the Indian Standard Institute; Standard No. IS4151-1976.

(3)     Each protective head gear shall be permanently and legibly labeled, in such a manner that the label or labels can be easily read without removing padding or any other permanent part so as to ascertain the following:

(a)      Manufacturer's name or identification.

(b)      Size.

(c)      Month and year of manufacture.

(d)      The mark of Indian Standard Institute.

(4)     The head gear shall have minimum 3 adhesive type retro-reflective red colour stripes on the back side which will illuminate during the night. The stripes should be of the size of 2 c.m. x 15 c.m. and affixed horizontally to the head gear.

Rule - 274. Inspection of vehicle involved in an accident.

Any Officer of the Motor Vehicles Department, not below the rank of an Inspector of Motor Vehicles, shall inspect the motor vehicle involved in an accident and for that purpose' may enter at any reasonable time any premises where the vehicle may be kept and may if so deemed necessary remove the vehicle for inspection.

CHAPTER-VIII CLAIMS TRIBUNAL

Rule - 275. Application for compensation.

[20]"[An application for compensation arising out of accident of the nature specified in sub-section (1) of section 165 shall be made by a person specified in sub-section (1) of section 166, at his option, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business, or within the local limits of whose jurisdiction the defendant resides, and shall be in Form COMP A and shall contain the particulars specified in that Form.".]

Rule - 276. Procedure for making an application.

(1)     Every such application shall be sent to the Claims Tribunal or to the Chairman in case the Claims Tribunal consists of more than one member, by registered post or may be presented to such member of the Claims Tribunal as that Tribunal or as the case may be, the Chairman may authorise for the purpose and, shall unless the Claims Tribunal or Chairman otherwise directs, be made in duplicate and shall be signed by the applicant.

(2)     There shall be appended to every such application the following documents, viz.

(i)       Medical Certificate in Form COMP B. or post mortem Report, or Death Certificate; and

(ii)      First Information Report in respect of the accident.

(3)     The Officer in charge of the police station shall, on demand by a person who is involved in an accident arising out of the use of motor vehicle or the legal successor of the deceased in motor vehicle accident, furnish to him within such period as may be specified by Central Government the required particulars under section 160 so as to enable him to make an application for compensation.

Rule - 277. Application for compensation under section 140.

(1)     Notwithstanding anything contained in these rules, every application for a claim under section 140 shall be filed before the Claims Tribunal in triplicate and shall be signed by the applicant and the following documents be appended to every such application, viz.

(i)       Panchanama of the accident,

(ii)      First Information Report,

(iii)     Injury Certificate or in the case of death, Post Mortem Report or Death Certificate,

(iv)    A certificate regarding ownership and Insurance particulars of the vehicle involved in the accident from the Regional Transport Officer or the Police Authorities.

Rule - 278. Fees.

(1)     Every application for compensation shall be accompanied by a fee deposited by a challan in accordance with the following scale, viz.

Provided that, an application under rule 277 for a claim tinder section 140 shall be accompanied by a fee of Rs. 20 only by challan.

(2)     The Claims Tribunal may, exempt a party from the payment of fee specified under sub-vile (1), provided that where a claim of the party has been excepted by the Claims Tribunal, the party shall have to pay prescribed fee.

Rule - 279. Examination of applicant.

On receipt of an application under rule 275, the Claims Tribunal may examine the applicant on oath, and the substance of such examination, if any, shall be reduced to writing and shall be signed by the member constituting the Claims Tribunal or as the case may be, the Chairman.

Rule - 280. Summary disposal of application.

The Claims Tribunal may, after considering the application and the statement, if any, of the applicant recorded under rule 279, dismiss the application summarily, if for reasons to be recorded, the Claims Tribunal is of an opinion that there are no sufficient grounds for proceeding therewith:

Provided that, the Claims Tribunal shall not reject the application made for compensation under section 140 on the grounds of any technical defects, but shall give notice to the applicant to get the defects rectified.

Rule - 281. Notice to the parties involved.

(1)     If the application is not dismissed under rule 280, the Claims Tribunal shall, on an application made to it by the applicant; send to the owner or the driver of the vehicle or both from whom the applicant claims relief and the insurer, a copy of the application, together with the notice of the date on which it will dispose off the application, and may call upon the parties to produce on that date any evidence which he may wish to tender.

(2)     Where the applicant makes a claim for compensation under section 140, the Claims Tribunal shall give notice to the owner and insurer if any, of the vehicle involved in the accident directing them to appear on the date not later than 10 days from the date of issue of such notice.

The date so fixed for such appearance shall also be not later than 15 days from the receipt of the claim application filed by the claimant. The Claims Tribunal shall state in such notice that in case they fail to appear on such appointed date, the Claims Tribunal will proceed ex-parte on the presumption that they have no connection to make against the award of compensation.

Rule - 282. Appearance and examination of parties.

(1)     The opposite party may, and if so required by the Claims Tribunal, shall, at or before the first hearing or within such tinge as the Claims Tribunal may permit, file a written statement dealing with the claim raised in the application and any such written statement shall form part of the record.

(2)     If the opposite party contests the claim, the Claims Tribunal may, and if no written statement has been filed, shall proceed to examine him upon the claim and shall reduce the result of examination to writing.

Rule - 283. Summoning of witnesses.

If an application is presented by any party to the proceeding for citation of witnesses, the Claims Tribunal shall, on payment of the expenses, involved, if any, issue summons for the appearance of such witnesses, unless it considers that their appearance is not necessary for a just decision of the case.

Rule - 284. Fees for process.

The fees to be taken for any process issued by the Claims Tribunal shall be in the scale as may be determined by the Claims Tribunal from time to time, but shall not exceed those fixed for a similar process by it and by the District Courts elsewhere.

Rule - 285. Appearance of legal practitioner.

The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practitioner.

Rule - 286. Local inspection.

(1)     the Claims Tribunal may at any time during the course of an enquiry before it, visit the site at which the accident occurred for the purpose of making a local inspection relevant to the proceeding.

(2)     Any party or the representative of any party may accompany the Claims Tribunal for a local inspection.

(3)     The Claims Tribunal after making a local inspection shall note briefly in a memorandum any facts observed, and such memorandum shall form part of the record of enquiry.

(4)     The copy of memorandum shall be made available to any party who desires the carne, and if any party applies for the same, and pays the fee thereof calculated at the rate of Rupees ten for the first page and rupees two for each additional page shall be supplied with a copy thereof.

Rule - 287. Power of summary examination.

(1)     The Claims Tribunal may during a local inspection or at any other time, save at a formal hearing of a case pending before it, examine summarily any person likely to be able to give information relating to such case, whether such person is called as a witness in the case or not, and whether any or all of the parties are present or not.

(2)     No oath shall be administered to a person examined under sub-rule (1).

Rule - 288. Method of recording evidence.

The Claims Tribunal shall, as examination of witnesses proceeds, make a brief memorandum of substance of the evidence of each witness and such memorandum shall be written and signed by the members of Claims Tribunal and shall form part of the record:

Provided that, if the member or the Chairman is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:

Provided further that, the evidence of any medical witness shall be taken down as nearly as may be, word for word.

Rule - 289. Adjournment of hearing.

If the Claims Tribunal finds that an application cannot be disposed off at one hearing it shall record, the reasons which necessitate the adjournment and also inform the parties present of the date of adjournment of hearing.

Rule - 290. Expert.

(1)     The Claims Tribunal may for the purpose of adjudicating upon any claim for compensation other than claims under section 140 choose not more than two persons having technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal in the holding of the enquiry.

(2)     The expert shall perform such functions as the Claims Tribunal may direct.

(3)     The remuneration if any to be paid to the expert shall in every case be determined by the Claims Tribunal.

Rule - 291. Framing of issues.

After considering any written statement, the evidence of the witness examined and the result of any local inspection, the Claims Tribunal shall proceed to frame a record of the issues upon which the right decision of the case appears to it to depend.

Rule - 292. Determination of issues.

After framing the issues the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.

Rule - 293. Diary.

The Claims Tribunal shall maintain a brief diary of the proceedings on an application.

Rule - 294. Awarding compensation under section 140.

The Claims Tribunal shall obtain whatever supplementary information and documents which may be found necessary from the police, Medical and other authorities and proceed to award the claim whether the parties who were given notice, appear or not on the appointed date.

Rule - 295. Judgement and award of compensation.

(1)     The Claims Tribunal in passing orders, shall record concisely in a Judgement the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount compensation to be paid by the insurers and also persons or persons to whom compensation shall be paid.

(2)     Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.

(3)     Where any lump sum deposited with the Claims Tribunal is payable to a woman or a person under the legal disability, such sum may be invested, applied or otherwise dealt-with for the benefits of the woman or such person during his disability in such manner, as the Claims Tribunal, may direct, and where a quarterly payment is payable to any person under the legal disability, the Claims Tribunal, may of its own motion or on any application made to it in this behalf, order that the payment be made during the disability of the person concerned, to any dependant of the injured or heir of the deceased or to any other person whom the Claims Tribunal thinks best fitted to look after the, welfare of the injured or the heir of the deceased.

(4)     Where an application is made to the Claims Tribunal in this behalf or otherwise and the Claims Tribunal is satisfied that on account of the negligence of the children or on the part of the parents or on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order of the Claims Tribunal as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested, applied or otherwise dealt with, ought, to be varied, the tribunal may make such orders for the variation of the former order as it thinks just in the circumstances of the case.

Rule - 296. Judgement and award of compensation under section 140.

(1)     The Claims tribunal shall proceed to award the claim of compensation under section 140 on the basis of:

(i)       Registration certificate of motor vehicle involved in the accident.

(ii)      Insurance certificate or policy relating to the insurance of the vehicle against third party risk.

(iii)     Panchanama and First Information Report.

(iv)    Post Mortem Report or Death Certificate or certificates of injury from the medical officer; and

(v)      The nature of the treatment given by the Medical Officer who has examined the victim.

(2)     The Claims Tribunal in passing orders shall make an award of compensation of Rs. 20000/- in respect of death and of Rs. 10000/- in respect of permanent disablement to be paid by insurer or owner of the vehicle involved in the accident.

(3)     Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.

(4)     The Claims Tribunal in passing order under sub-rule (2) shall direct the owner or insurer of the vehicle involved in the accident to pay the amount of compensation to the claimant within two weeks from the date of such order.

(5)     The Claims Tribunal shall as far as possible dispose off the application for compensation within 45 days from date of receipt of such application.

Rule - 297. Procedure of disbursement of compensation under section 140 to legal heirs in case of death.

Where the Claims Tribunal feels that the actual payment to the claimant is likely to take time because of the identification and the fixation of the legal heirs of the deceased, the Claims Tribunal may call for the amount of compensation awarded to be deposited with the Tribunal and then proceed with the identification of the legal heirs for deciding the payment of compensation to each of the legal heirs.

Rule - 298. Receipt of compensation.

Upon payment of compensation, a receipt shall be obtained by the Claims Tribunal and such receipt shall be forwarded to the insurer concerned or as the case may be, the owner of the vehicle, for purpose of record.

Rule - 299. Powers vested in Civil Court which may be exercised by Claims Tribunal.

(1)     Without prejudice to the provisions of section 169, every Claims Tribunal may exercise all or any of the powers vested in a Civil Court under the following provisions of the Code of Civil Procedure, 1908, in so far as they may be applicable viz. Sections, 30, 32, 34, 35(A), 75(a), 75(c), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152, and 153(b).

(2)     Any Claims Tribunal constituted for Goa, where the amount of compensation awarded by it does not exceed Rs. 25,000/- shall have all the powers of the Civil Judge Senior Division and where such amount exceeds Rs. 25,000/- shall have all the powers of the Session Judge, for the purpose of execution of the award, as if the award, is a decree for the payment of money made in suit by the High Court as the case may be.

Rule - 300. Procedure to be followed by Claims Tribunal in holding enquiries.

(1)     The following provisions of the Code of Civil Procedure, 1908 shall, so far as may be, applied to the proceedings before every Claims Tribunal viz.

(a)      Sections 28, 79 and 82;

(b)      Order V, rule 9 to 13 (both inclusive) and 15 to 30 (both inclusive); Order VI, rules 4, 5, 7, 10, 11, 16, 17, and 18 and Order VII, rule 10; Order VIII, rules 2 to 5 (both inclusive) Orders IX and X, Order XI rules 12 to 15 (both inclusive), 17 to 21 (both inclusive) and 23, Order MI rules 1, 2, 3A, 4, 7 and 9; Order XIII, rules 3 to 10 (both inclusive), Order XIV, rules 2 and 5, Order XVI, Order XVII, Order XVIII, rules I to 4 (both inclusive); and 10 to 12 (both inclusive); and 15 to 18 (both inclusive); Order XX rules 1 to 3 (both inclusive); 8, 11 and 20; Order XXI, Order XXII, rules 1 to 7 (both inclusive) and 9; Order XXIII, rules 1 to 3 (both inclusive), Order XXIV, Order XXVI rules I to 8 (both inclusive) and 15 to 18 (both inclusive); Order XXVII, Order XXVIII, Order XXIX, Order XXX rules 1, 3 to 8 (both inclusive) and 10; Order XXXII rules 1 to 15 (both inclusive); Order XXXVII rules 1 to 1 (both inclusive); and Order XXXIX, rules 1 to 5 (both inclusive). In so far as the Act 'and these rules make no provision, or make insufficient provision the relevant provisions of the Code of Civil Procedure, 1908 shall so far as may be, apply to the proceedings before the Claims Tribunal.

Rule - 301. Savings.

Notwithstanding anything contained in these rules, in the case of minor accidents and in the case of a claim under section 140, the Claims Tribunal, may follow such summary procedure as it thinks fit.

Rule - 302. Registrar.

The Government may appoint a Registrar of the Claims Tribunal, who shall be the Chief Ministerial Officer of the Tribunal and shall exercise such powers and discharge such duties of a ministerial nature as a member of the Claims Tribunal or where the Claims Tribunal consists of more than one member, the Chairman of the Claims Tribunal may, from time to time by order direct.

Rule - 303. Form of appeal and contents of memorandum.

(1)     Every appeal against the award of the Claims Tribunal shall be preferred in the form of a memorandum signed by appellant or an advocate or attorney of the High Court duly authorised in that behalf by the applicant and presented to the High Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the award.

(2)     The memorandum shall set forth concisely and under distinct heads, the grounds of objection to the award appealed from, without any argument or narratives and such grounds shall be numbered consecutively.

(3)     Save as provided in sub-rules (1) and (2), the provisions of order XII and XXI in the First Schedule to the Code of Civil Procedure, 1908 Central Act (V of 1908) shall mutatis mutandis apply to appeals preferred to High Court under section 173.

Rule - 304. Record.

The record of claims cases disposed off by the Claims Tribunal shall be preserved for a period of five years.

Rule - 305. Authority to recover penalty for causing obstruction to free flow of traffic.

Officers of Motor Vehicles Department not below the rank of Inspector of Motor Vehicles and Officer not below the rank of Sub-Inspector of Police Department shall recover the penalty laid down under sub-section (1) of section 201.

CHAPTER-IX

Rule - 306. Production of certificate of insurance at the time of paying tax on motor vehicle.

The owner of a motor vehicle applying for transfer of ownership of the vehicle or to pay tax on the vehicle or in the case of a vehicle which is exempted from payment of tax under the Goa, Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974, when, applying for exemption, shall forward with the application a certificate of Insurance relating to the vehicle and complying with the requirements of Chapter XI of the Act and valid-

(a)      if the application is made before the commencement of the period for which tax is tendered, on the first day of that period, or

(b)      if the application is made during the period for which the tax is tendered, on the date on the date on which the application is made:

Provided that, the owner of the vehicle exempted under sub-section (3) of section 146 shall forward, in place of the Certificate of Insurance the order issued by the appropriate Government.

CHAPTER-X MISCELLANEOUS

Rule - 307. Refunds.

(1)     If the Director of Transport or the Assistant Director of Transport or the Officer concerned as the case may be, is satisfied that a refund is due on the ground that:-

(a)      it is admissible under sub-rule (1) of rule 40; or

(b)      wherever there is a provision that if the applicant succeeds in appeal, he is entitled to get the refund of fees in whole or any part; or

(c)      it represents the amount paid in excess or erroneously towards the fees under these rules in cash or by cheque, demand draft or money order or into Government Treasury, or through any Officer, he shall issue to the person entitled to the refund of such amount, a certificate in Form RE

(2)     Any person to whom a certificate in the Form RF has been issued under sub-rule (1) shall, on presentation of the certificate at the Local Government Treasury, the State Bank of India, the Reserve Bank of India, or any other Bank conducting the cash business of the Government shall within 60 days from the date of its issue or from the date of signification of any subsequent renewal of the certificate by the Issuing Authority, be entitled to have the refund of the amount mentioned therein.

(3)     The Authority mentioned in sub-rule (1) shall maintain a register of refund of the fees and every amount for which a certificate in Form RF has been issued, shall be entered in such register.

Rule - 308. Performance of functions of inferior officer by superior officer.

Notwithstanding anything contained in this rules:

(a)      The Director of Transport may at any time perform any of the functions of an Assistant Director of Transport or Inspector or Assistant Inspector of Motor Vehicles, under these rules.

(b)      The Assistant Director of Transport may at any time perform any of the functions of-Inspector or Assistant Inspector of Motor Vehicles under these rules.

(c)      An Assistant Inspector of Motor Vehicles may at any time if so required by a Regional Transport Officer perform any of the functions of an Inspector of Motor Vehicles under these rules.

(d)      any Officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles shall exercise the powers under the provisions of sections 114, 130, 132, 133, 134, 203, 204, 206 and 207.

(e)      Any Officer of the Motor Vehicles Department of and above the rank of the Inspector of Motor Vehicles shall exercise the powers under the provisions of sections 136, 158, 200 and 205.

Provided that powers shall not be exercised by any Officer of and below the rank of Assistant Director of Transport unless he is in uniform.

Rule - 309. Uniform.

The uniform of the Deputy Director of Transport, the Assistant Director of Transport, Inspectors and Assistant Inspectors of Motor Vehicles shall be as follows:

(1)     Khaki forage cap or khaki peaked cap or khaki turban or beret in navy blue colour. Each of these head dresses to have a monogram as illustrated in the Sixth Schedule.

(2)     Khaki shirt, khaki bush-shirt, or khaki tunic with blue tie.

(3)     Shorts or trousers of police pattern of khaki colour.

(4)     Whistle cord of khaki colour.

(5)     Whistle and brown buttons.

(6)     Cross belt of police pattern of same brown leather with silver fittings.

(7)     Shoes (Brown).

(8)     Khaki stockings or socks.

(9)     A set of epauletters and badges and head-badge as illustrated in the Sixth Schedule.

The Deputy Director of Transport shall wear one Silver colour National emblem. Shoulder badge with letters as illustrated in the Sixth Schedule will be at base of the shoulder strap. The National emblem will be of transparent metal.

(10)   (a) The Assistant Director of Transport shall wear 3 stars. Stars shall be five pointed star (Star of India pattern 25.4 mm) broad. These stars should be slightly frosted but without any design in the centre as illustrated in the Sixth Schedule. Shoulder badge with letters as illustrated in the Sixth Schedule will be one at the base of the shoulder strap. The stars and the letters will be of transparent metal.

(b) Inspector of Motor Vehicles shall wear 3 stars with, Navy blue ribbon of 1.5 cm width on both shoulders (blue strap indicates non-gazetted). The stars shall be pointed stars (Star of India pattern, 25.4) broad. The stars should be slightly frosted but without any design in the centre as illustrated in the Sixth Schedule. Shoulder badge with letters as illustrated in the Sixth Schedule will be worn at the base of the shoulder strap. The stars and the letters will be transparent metal.

(c) Assistant Inspector of Motor Vehicles shall wear 2 Stars with navy blue ribbon of 1.5 cm width. The stars shall be five pointed stars (star of India pattern, 25.4 mm) broad. The stars should be slightly frosted but without any design in the centre as-illustrated in the Sixth Schedule will be worn at the base of the shoulder strap. The stars and the letters will be of transparent metal.

(d) The ribbon, when prescribed shall be worn 2.5 cm. Above the base of the shoulder strap.

(11)   The officers for whom the uniform has been specified under these rules shall also wear the plastic name plate on the pocket of left side of the shirt of the size of 9 cm. x 2 cm. with their name with initials carved in English. The colour of the name plate shall be black with transparent letters.

(12)   The Officers to whom the uniform is provided under these rules, shall always be in uniform whenever they are on Official duty.

Rule - 310. Fees for choice numbers.

"For assignment of a registration mark for a vehicle of the choice of the applicant under private series, the following fees shall be levied:

(i)       Assignment of registration mark with identical numerals:

(a)      in 2 digits-Rs. 1000/

(b)      in 3 digits-Rs. 2000/

(c)      in 4 digits-Rs. 3000/

(ii)      Assignment of Registration mark in form of any combination: Rs. 2000/-

(iii)     Assignment of Registration mark in consecutive ascending order of 3 or more digits: Rs. 1500/-.

(iv)    Assignment of number, such as, "786" Rs. 1500/-.

Explanation:-

(i)       Registration mark as referred to above means numerals only and not letters.

(ii)      2 digits means symmetrically striking numbers like 11, 22, etc.

(iii)     Combination number shall mean numbers like following: 1122, 2233, 9,988, 7733, etc

(iv)    Ascending number shall' mean numbers like following: 123, 1234, 6789, etc.

(v)      In case the number of persons desirous of having any particular registration mark is more than one, then the allotment shall be made by the concerned Registering Authority by draw of lots.

(vi)    50% of the above rates shall be charges for assignment of registration mark to Transport vehicles.

(a)      In case the applicant desires any number in advance except the choice numbers, the fee for such number shall be Rs. 1000/-.

(b)      The choice numbers, which are not claimed by any applicant, should be kept free for one month and thereafter should be released to the applicant according to their turn without payment of any extra amount in respect thereof.

(vii)   The decision of the Registering Authority as regards the combination shall be final".

CHAPTER-XI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

Rule - 311. Form of proposal of Transport Undertaking.

(1)       The proposal to be prepared by Government under the provisions of section 99 shall be in Forms S.S.T.U. containing all the particulars specified in the said Form and shall be published in that Form in the Official Gazette and such proposal regarding Road Transport Service Scheme should be caused to be published on the notice boards in the Office of the State Transport Authority, Regional Transport Authority and the Collector within whose jurisdiction the area or the route or portion thereof lies and in such newspaper or newspapers as the Government may direct:

Provided that, at least one of such newspapers shall be in the regional language circulating in the area and the publication of the proposal regarding Transport Service Scheme shall be accompanied by a notice stating that any person affected thereby may, within 30 days from the date of publication of the proposal in the Official Gazette, file objections thereto before the Government as provided in section 102.

Rule - 312. Manner of filing objections to proposal of the Scheme.

(1)     Any person affected by the proposal may file any objection thereto in the form of a memorandum, in duplicate, addressed to the Government. The memorandum shall set forth concisely the grounds for objections to the proposal, and shall in addition contain the following particulars, namely:

(a)      the name and address of the objector;

(b)      the information regarding permit or permits held under the provisions of Chapter V of the Act, together with particulars of the route or routes or areas specified in such permits;

(c)      the manner in which the objector is affected by the proposal;

(d)      details of any alternative route or area for which he desires to have permit.

(2)     Any person filing objections under section 102 shall send a copy thereof simultaneously to the State Transport Undertaking which has submitted the proposal.

Rule - 313. Publication of approved scheme.

The approved proposal to be published under subsection (3) of section 100 shall be in Form A.S.S.TU.

Rule - 314. Application for permit under section 105.

(1)     Every application under sub-section (1) of section 105 shall be made-

(i)       for stage carriage permit in Form P S.T.U.S.A.

(ii)      for goods carriers permit in Form P S.T.U.P. C.A.

(iii)     for contract carriage permit in Form P S.T.U.Co. A.

(2)     The State Transport Authority or, as the case may be, the Regional Transport Authority (hereinafter in this Chapter referred to as the relevant Transport Authority) shall, on receipt of an application referred to in sub-rule (1), satisfy itself that the application relates to a notified area or a notified route specified in an approved scheme and issue thereafter to the State Transport Undertaking applying for a stage carriage permit in Form PS.T.U.S. a public-carrier's permit in Form P S.T.U.P.C. and contract carriage permit in Form P S.T.U.Co.

(3)     Notwithstanding anything contained in this rule, pending the issue of a permit applied for under sub-section (1) of section 105, the State Transport Undertaking may operate the service in the notified area or on a notified route specified in the approved scheme.

Rule - 315. Disposal of article found in vehicle.

(1)     The maximum period of claiming any article left by the owner in any transport vehicle operated by the State Transport Undertaking, shall be fifteen days.

(2)     Where any article found in any such vehicle is not claimed by its owner within the said period, the State Transport Undertaking may sell the article by public auction. A notice of such auction shall be displayed fifteen days in advance of the date of the auction on the notice board at the place where the auction is to be held, and published in local newspaper.

(3)     Nothing in this rule shall apply to any article which is of a perishable nature or is in danger of losing the greater part of its value and it shall be lawful for the State Transport Undertaking to dispose off any such article at any time as the circumstances may require.

Rule - 316. Manner of service of Orders under Chapter XI.

Every Order under Chapter XI of the Act shall be served:-

(a)      by tendering or delivering a copy thereof to the person on whom it is to be served to his agent, if any; or

(b)      by sending it by registered post at the last known address of the person on whom it is to be served; or

(c)      by fixing it to some conspicuous place of his last known residence or place of business in case the above two methods are considered impracticable.

Rule - 317. Extension or modification of permits.

Where the holder of a permit for a public service vehicle applies to the relevant Transport Authority for extending or modifying the operation of the road transport service, so however that such extension or modification will result in operation of such service in a notified area or on a notified route or part thereof, specified in an approved Scheme, then the relevant Transport Authority shall send a copy of such application to the State Transport Undertaking. The relevant Transport Authority shall before passing any order on, such application, give an opportunity to the State Transport Undertaking of being heard.

Rule - 318. Grant of permit under the proviso do section 104.

The State Transport Authority on granting a permit to any person under the proviso to section 104 shall inform the State Transport Undertaking concerned of the grant of such permit.

Rule - 319. Notice of application hearing, etc.

The State Transport Undertaking shall, in order to give effect to the provisions of this Chapter intimate to the relevant Transport Authority, the designation and addresses of its Officer to whom notice of applications, hearing, orders or any other matter shall be sent and shall also inform them the changes therein, from time to time.