GUJARAT MOTOR VEHICLES RULES, 1989

CHAPTER-I PRELIMINARY

Rule - 1. Short title and application.

(1)     These rules may be called the Gujarat Motor Vehicles Rules, 1989.

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

(3)     These rules shall come into force on and from the 1st day of July, 1989.

Rule - 2. Definitions.

In these rules, unless the context requires otherwise-

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

(b)      "Assistant Inspector of Motor Vehicles" means any officer appointed as such by the State Government;

(c)      "Assistant Director of Transport" means any officer appointed as such by the State Government;

(d)      "Assistant Regional Transport Officer" means any officer appointed by the State Government for any area to perform the functions of the Assistant Regional Transport Officer under the Act and the rules made there under;

(dd) "Commissioner of Transport" means any officer appointed by the State Government to perform the functions of the commissioner of Transport under the Act and the rules made there under and includes a Joint Director of Transport and Deputy Director of Transport appointed as such by the State Government.

(e)      "Director of Transport" means any officer appointed by the State Government to perform the functions of the Director of Transport under the Act and the rules made thereunder and include a Joint Director of Transport and a Deputy Director of Transport appointed as such by the State Government;

(f)       "Form" means a form as set forth in the First Schedule appended to these rules;

(g)      "Inspector of Motor vehicles" means any officer appointed as such by the State Government to perform the functions of the Inspector of Motor Vehicles under the Act and the rules made thereunder;

(h)     "Passenger" means any person traveling in a public service vehicle other than the driver or the conductor or the attendant;

(i)       "Regional Transport Officer" means any officer appointed by the State Government for any area to perform the functions of the Regional Transport Officer under the Act and the rules made thereunder and includes an Assistant Regional Transport Officer appointed by the State Government;

(j)       "Rule" means a rule of the Gujarat Motor Vehicles Rules, 1989;

(k)      "Schedule" means a Schedule appended to these rules;

(l)       "Section" means a section of the Act;

(la) "Sleeper designated omnibus" means a contract carriage constructed or adapted to carry more than six passengers excluding the driver with a facility of comfortable sleep on berth for hire or reward and is engaged under a contract, whether expressed or implied for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a permit holder in relation to such vehicle or any person authorized by him in this behalf on a fixed or an agreed sum -

(i)       on a time basis, whether or not with reference to any route or distance, or

(ii)      from one point to another, and in either case, without stopping the sleeper designated omnibus to pick-up or allow he passengers to get down not included in the contract any where during the journey.

(m)    "State" means the State of Gujarat.

(n)     Definition of "Testing Institute" deleted.

CHAPTER-IILICENSING OF DRIVERS OF MOTOR VEHICLES

Rule - 3. Licensing Authority.

The licensing authority shall be-

(i)       for the Districts of Amdavad and Gandhiangar, the Regional Transport Officer, Ahmedabad;

(ii)      for the Districts of Bhavnagar and Amreli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar;

(iii)     for the district of Kutch, the Regional Transport Officer, Bhuj;

(iv)    for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhara;

(v)      for the district of Jamnagar, the Regional Transport Officer, Jamnagar;

(vi)    for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh;

(vii)   for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana;

(viii)  for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad;

(ix)    for the district of Banaskantha, the Regional Transport Officer, Palanpur;

(x)      for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot;

(xi)    for the district of Surat, the Regional Transport Officer, Surat;

(xii)   for the district of Vadodara, Bharuch and Narmada, the Regional Transport officer, Vadodara;

(xiii)  for the district of Valsad, Navsari and Dangs, the Regional Transport officer, Valsad;

(xiv)  for the district of Sabarkantha, the Regional Transport officer, Himmatnagar;

(xv)   for the district of Amreli, the Assistant Regional Transport officer, Amreli;

(xvi)  for the district of Bharuch, the Assistant Regional Transport officer, Bharuch;

(xvii) for the district of Gandhinagar, the Assistant Regional Transport officer, Gandhinagar;

(xviii)   for the Taluka of Bardoli, Vyara, Songadh, Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli;

(xix)  for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar;

(xx)   for the district of Dahod (excluding Taluka of DevgadhBaria), the Assistant Regional Transport Officer, Dahod;

(xxi)  for the district of Navsari, the Assistant Regional Transport Officer, Navsari;

(xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada;

(xxiii)   for the district of Anand, the Assistant Regional Transport Officer, Anand;

(xxiv)   for the district of Patan, the Assistant Regional Transport Officer, Patan;

(xxv)for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar. 3A. The taluka Mamlatdar other than working at District headquarter within his jurisdiction shall be the Licensing Authority for the issue of learner's licences.

Rule - 4. Testing Officer.

(1)     Any officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicles shall be the authority to conduct a test under sub-section (5) of sector 8 and any officer of and above the rank of an Inspector of Motor Vehicles shall be the authority to conduct a test under sub-section (3) of section 9;

Provided that it shall be competent for the licensing authority or for any person nominated by it in that behalf, to have more than on test.

(2)     In case of a member of the Home Guards, the test of competence to drive any motor vehicle other than a transport vehicle may be conducted by the Commandant of the Home Guards under whose control the applicant is serving if such Commandant is, with the previous approval of the State Government, authorized by name in this behalf by the Commandant General.

(2a) The Deputy Mamlatdar working in the respective Nagrik Suvidha Kendra setup at Collector and Mamlatdar offices within his jurisdiction and Secretary, Western India Automobile Association at Ahmedabad and District headquarters shall be the Testing Officer for the purpose of a test under sub-section (5) of Section (8) of the Act.

(3)     Every application for a test to obtain a learner's licence, driving licence or an authorization to drive transport vehicle, shall be made in from P.C.A.T. and shall be accompanied by the fee specified in rule 6 or, as the case may be, in rule 32 of the Central Motor Vehicles Rules, 1989.

(4)     Subject to the provisions of sub-section(6) of section 9, the applicant shall furnish a serviceable vehicle and present himself for the test at such time and at such place as may be specified by the testing officer concerned.

Rule - 5. Appellate Authority.

(1)     The authority empowered to hear appeals against the orders of licensing authority refusing to issue any learner's licence or to issue or renew any driving licence or to add a class or description of motor vehicle to any driving licence or revoking any driving licence under the provisions of section 16 shall be the Commissioner of Transport or Director of Transport as the case may be.

(2)     The authority empowered to hear appeals against the order of licensing authority disqualifying the holder from the holding or obtaining a driving licence or revoking such licence under the provisions of sub-section (1) of section 19, shall be either the Commissioner of Police or where there is no such Commissioner of Police, the District Magistrate.

Rule - 6. Fees payable under chapter II of the Act.

The fees to be paid under chapter II of the Act shall be -

(i)       in respect of each test for grant of learner's licence under rule 4, twenty five rupees;

(ii)      in respect of replacement of photograph on a licence under rule 12, twenty five rupees;

(iii)     (a) in respect of duplicate driving licence under rule 13, in Form-6 prescribed under sub rule (1) of rule 16 of the Central Motor Vehicles Rules, 1989, fifty rupees; and

(b) in respect of duplicate driving licence under rule 13, in Form-7 prescribed under sub rule(2) of rule 16 of Central Motor Vehicles Rules, 1989, two hundred rupees;

(iv)    in respect of test for grant of authorization under rule 18, fifty rupees;

(v)      in respect of an appeal under rule 20, fifty rupees;

(vi)    in respect of each copy of any document under rule 20, fifty rupees;

(vii)   in respect of every copy of particulars of driving licence under rule 21, twenty five rupees;

(viii)  in respect of an endorsement of authorization in a driving licence issued in Form 6, under rule 9 of the Central Motor Vehicles Rules, 1989, forty five rupees.

Rule - 7. Exemption from payment of fees.

(1)     The State Government may, by general or special order, exempt, totally or partially, any person or class of persons, from payment of all or any portion of the fees payable under Chapter II of the Act.

(2)     (a)The persons employed in the service of the State Government of driving motor vehicles;

(b)The Ex-service persons on production of a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union;

(c) Such Diplomatic Officers or Consular Officers as the State Government may, by general or special order specify in this behalf;

shall be exempted from the fees payable for the test of competence to drive, issue or renewal of learner's licence, the issue or renewal of driving licence, and the test for issue of learner's licence.

Rule - 8. Form of communications.

The licensing authority shall communicate with another licensing authority in From D.L.C.O.M. for the purpose of intimating -

(a)      the addition of other class or description of motor vehicle, under section 11; or

(b)      the renewal of a driving licence, under section 15; or

(c)      the revocation of driving licence, under section 16; or

(d)      the revocation of driving licence or the disqualification of a holder of driving licence, under section 19; or

(e)      the endorsement of a sentence of imprisonment on a driving licence, under section 24; or

(f)       the replacement of a photograph, under rule 12; or

(g)      the change of address, under rule 14; or

(h)     the grant of authorization to drive a transport vehicle, under rule 18.

Rule - 9. Power to make inquiries of application for driving licence.

Upon the receipt of an application for a learner's licence, the licensing authority may make such inquiries 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 - 10. Automobile Associations recognized for issue of a driving certificate.

The State Government recognizes the following automobile associations for the purposes of second proviso to sub-section (3) of section 9, namely:-

(1)     The Western India Automobile Association.

(2)     The Automobile Association of Southern India.

(3)     The Automobile Association of Eastern India.

(4)     The Automobile Association of Upper India.

(5)     The Uttar Pradesh Automobile Association.

Rule - 11. Seal on the photograph.

The photograph of the holder when affixed to any learner's licence issued under Chapter II of the Act, shall be sealed with a seal of the licensing authority in such a manner that the part of the impression of the seal is upon the photograph and part on the margin in the licence.

Rule - 12. Replacement of the photograph.

(1)     Where, at any time, it appears to a licensing authority that the photograph affixed to any licence issued under chapter II of the Act, has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the 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 such requisition made by the licensing authority, the licence shall cease to be valid on the expiry of the said period.

(3)     Where, at any time, if a holder of a licence so desires, a licensing authority may replace the photograph on his licence by a recent photograph of himself.

(4)     Upon the receipt of the copies of photograph as provided in sub-rule (1) or sub-rule (3), the licensing authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph and note the date of such replacement, and return the licence to the holder, and shall, if it is not the licensing authority by which the licence was issued, forward the second copy of the photograph to that authority.

(5)     The fee, for replacing a photograph under this rule shall be as provided in rule 6 and shall be paid along with the photograph and application.

Rule - 13. Issue of duplicate driving licence.

(1)     Where at any time any driving licence is lost, destroyed, torn, defaced or mutilated the holder shall forthwith report the matter to the original licensing authority an shall apply for issue of duplicate licence, in Form L.L.D. along with the fee prescribed under rule 6 and where a photograph is required to be affixed to a duplicate licence, two clear copies of a recent photograph of himself.

(2)     Upon the receipt of such report the licensing authority shall, after making such enquires as it may think if, if satisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped "Duplicate" in red ink and the date of issue of the duplicate:

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 licence, it shall be lawful for the licensing authority to call for the duplicate licence and make the necessary endorsement thereon.

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

(4)     If at any time it appears to an Inspector of Motor Vehicles or to a licensing authority that a driving licence held by any person is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing impound the driving licence and require the holder, to obtain a duplicate driving licence.

Rule - 14. Change of address.

(1)     If the holder of driving licence ceases to reside or have his place of business at the address recorded in the driving licence, he shall, within thirty days of any such change of address, intimate his new address, to the licensing authority by which the licence was issued, and if the new address is within the jurisdiction of another licensing authority, to that other licensing authority.

(2)     Upon the receipt of such intimation, if it is not the licensing authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority.

Rule - 15. General duties functions and conduct of drivers of transport vehicles.

The driver of a transport vehicle,-

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

(b)      shall not knowingly drive the vehicle when there is not sufficient fuel in the vehicle to enable him to reach the next fuel pump on the route;

(c)      shall not loiter or unduly delay upon any journey but shall proceed to the destination with all reasonable dispatch;

(d)      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 the vehicle or any brake, tyre or lamp thereof is in a defective condition likely to render the driving of such vehicle a source of danger to persons and vehicles using such place;

(e)      shall behave in a civil and orderly manner towards passengers, intending passenger or the hirer of the vehicle;

(f)       shall take all reasonable precautions to prevent the goods or the luggage, from being spoiled or lost, on the way;

(g)      shall, as far as may be reasonably possible having regard to his duties, be responsible for due observance of the provisions of the Act and the rules made thereunder.

Rule - 16. Additional duties, function and conduct of drivers of public service vehicles.

The driver of a public service vehicle:

(a)      shall not smoke while on duty;

(b)      shall be cleanly dressed and in the manner specified by the State Government:

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;

(c)      shall maintain the vehicle in a clean and sanitary condition during its use in a public place;

(d)      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 period of an hour after the failure to proceed to the destination, shall on demand, arrange to refund to passengers a proper portion of the fare relating to the completion of the journey for which the passengers had paid the fare;

(e)      shall see that no passenger smokes in the vehicle when the same is being filled up with fuel;

(f)       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 change of the nearest police station or the permit holder;

(g)      shall, subject to any rules or 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 sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger.

Rule - 17. Additional duties, functions and conduct of drivers of motor cabs and maxi cabs.

(1)     The driver of a motor cab and a maxi cab:

(a)      shall not allow his cab to remain on the stand if it is disabled unless such disablement is of a purely temporary nature which can be immediately remedied and is so remedied;

(b)      shall not allow his cab, when it is not engaged, to remain at any place other than on the stand;

(c)      shall not loiter for the purpose of his cab being hired in any other public place;

(d)      shall not prevent or attempt to prevent the first cab on the stand from being hired;

(e)      shall not, when engaged by any person for some future time, keep cab on the stand unless he is willing to accept any intermediate engagement that may be offered;

(f)       shall not make use of his cab in connection with or for the furtherance of prostitution or any other activity prohibited by any law for the time being in force.

(g)      shall not carry a cleaner or an attendant unless permitted specifically to do so, by the Transport Authority on such conditions as may be specified by it;

(h)     shall not terminate the hiring before he has been discharged by the hirer;

(i)       shall not demand or exact any fare in excess of that to which he is legally entitled;

(j)       shall not carry any person in his cab in excess of the seating capacity specified in the certificate or registration of the vehicle;

(k)      shall not permit any other person to drive his cab without the approval of its owner;

(l)       shall always stay near his cab which shall be ready for immediate hiring by any person;

(m)    shall move his cab up as vacancies occur on the stand;

(n)     shall, in the absence of reasonable cause to the contrary, proceed to the destination named by the hirer, by the shortest route.

(2)     The driver of a cab fitted with a taxi-meter -

(a)      shall not set the taxi-meter in motion before his cab is hired and shall stop the metre immediately on the arrival of the destination, or on failure to proceed owing to any defect in the cab:

Provided that the cab shall be considered to be hired from the time it has been engaged or if called from a distance, from the time of such call;

(b)      shall not cover or obscure the face or dial of a taxi-meter under any circumstances or at any time;

(c)      shall not, without reasonable excuse, refuse to let his cab for hire when the flat of the taxi-meter is in the "For Hire" position.

Rule - 18. Grant of authorization to drive a transport vehicle.

(1)     No person shall drive a transport vehicle unless an authorization in the driving licence shall have been granted by the licensing authority.

(2)     No person shall hold more than one authorization to drive a similar kind of a public service vehicle.

(3)     No authorization to drive a transport vehicle shall be granted unless the applicant satisfies the licensing authority that -

(a)      he has adequate knowledge of the provisions of the Act and the rules made thereunder relating to duties, functions and conduct of drivers of transport vehicles to which the application refers;

(b)      he possesses a good moral character; and

(c)      he possesses minimum educational qualification that may be prescribed by the Central Government in this behalf.

(4)     The holder of a driving licence may at any time apply to the licensing authority in Form T.V.A. for the grant of authorization to drive a transport vehicle. Such application shall be accompanied by -

(a)      a report of moral character obtained from the police station or the Gazetted officer or Sarpanch of Gram Panchayat or President of Municipal Borough or President of Municipality or Councilor of Municipality Corporation or Member of Legislative Assembly or Member of Parliament of the area in which the applicant resides;

(b)      a proof of educational qualification as may have been prescribed by the Central Government under sub-section (4) of section 9;

(c)      a fee for test, prescribed under rule 6, and;

(d)      a driving certificate in Form 5 prescribed under the Central Motor Vehicle Rules, 1989 in the case of holder of driving licence authorizing him to drive other than transport vehicles.

(5)     If the licensing authority is satisfied that the applicant is in all respect fit to be granted an authorization to drive a transport vehicle, the driving licence shall be endorsed accordingly. The licensing authority shall then return the driving licence to the applicant thereof, and at the same time, if the driving licence was issued by another licensing authority, send intimation to such licensing authority. The licensing authority shall refuse to grant or countersign the authorization if it finds that applicant is not a fit and proper person to be entrusted with the safe carriage of passengers and their personal luggage or of goods.

(6)     Notwithstanding anything hereinbefore contained, no person shall be authorized to drive a motor cab or a maxi cab within the limits of the city of Amdavad, Vadodara, Rajkot and Surat unless the appropriate licensing authority is satisfied that such a person has adequate knowledge of the topographic features of that city and has granted the authorization accordingly.

Rule - 19. Badges of drivers of public service vehicles.

(a)      A driver of a public service vehicle shall display on his left chest a badge, in the form illustrated in the Second Schedule appended to these rules, inscribed with the particulars specified in the said Schedule.

(b)      No driver of a public service vehicle shall display the badge held by him if the authorization to drive such vehicle is suspended or revoked by any authority or if his driving licence has ceased to be valid by efflux of time.

Rule - 20. Manner of appeals.

(1)     An appeal under rule 5 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by certified copy of that order and the fee prescribed under rule 6.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of the fee prescribed under rule 6.

(3)     The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of the fee prescribed under rule 6.

Rule - 21. Supply of copies of particulars of driving licence.

A licensing authority may in its discretion supply copies of particulars of driving licence issued by it, to any person who may apply for the same alongwith a fee prescribed under rule 6.

Rule - 22. Exemption of drivers of road-rollers.

Provisions of Chapter II of the Act shall not apply to the drivers of road-rollers.

Rule - 23. Maintenance of State Register of Driving Licence.

(1)     Every licensing authority shall furnish a monthly report in duplicate, containing particulars required by the form of State Register of Driving Licence prescribed by the Central Government, to the Commissioner of Transport or Director of Transport as the case may be, within ten days of the succeeding month.

(2)     The commissioner of Transport or Director of Transport as the case may be, shall forward a quarterly, compiled report in duplicate, of particulars received from all the licensing authorities, to the Additional Chief Secretary (Transport)/Secretary (Transport), Home Department, within fifteen days of the succeeding month after the concerned quarter.

(3)     Notwithstanding anything contained in sub-rules (1) and (2) the State Government may from time to time, issue directions to the licensing authorities or to the Commissioner of Transport or Director of Transport as the case may be, for the purpose of carrying into effect the provisions of section 26.

CHAPTER-III LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Rule - 24. Licensing Authority.

The licensing authority shall be:-

(i)       for the Districts of Ahmedabad and Gandhinagar, the Regional Transport Officer, Ahmedabad;

(ii)      for the Districts of Bhavnagar and Amreli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar;

(iii)     for the district of Kutch, the Regional Transport Officer, Bhuj.

(iv)    for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhra;

(v)      for the district of Jamnagar, the Regional Transport Officer, Jamnagar;

(vi)    for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh;

(vii)   for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana;

(viii)  for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad;

(ix)    for the district of Banaskantha, the Regional Transport Officer, Palanpur;

(x)      for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot;

(xi)    for the district of Surat, the Regional Transport Officer, Surat;

(xii)   for the districts of Vadodara, Bharuch and Narmada, the Regional Transport Officer, Vadodara;

(xiii)  for the district of Valsad, Navsari and Dangs, the Regional Transport Officer, Valsad;

(xiv)  for the district of Sabarkantha, the Regional Transport Officer, Himmatnagar;

(xv)   for the district of Amreli, the Assistant Regional Transport Officer, Amreli;

(xvi)  for the district of Bharuch, the Assistant Regional Transport Officer, Bharuch;

(xvii) for the district of Gandhinagar, the Assistant Regional Transport Officer, Gandhinagar;

(xviii)   for the Taluka of Bardoli, Vyara, Songadh, Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli;

(xix)  for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar;

(xx)   for the district of Dahod (excluding Taluka of DevgadhBaria), the Assistant Regional Transport Officer, Dahod;

(xxi)  for the district of Navsari, the Assistant Regional Transport Officer, Navsari;

(xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada;

(xxiii)   for the district of Anand, the Assistant Regional Transport Officer, Anand;

(xxiv)   for the district of Patan, the Assistant Regional Transport officer, Patan;

(xxv)for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar.

Rule - 25. Appellate Authority.

The authority empowered to hear appeals against the orders of licensing authority refusing to issue or renew any conductor's licence or revoking any conductor's licence, or disqualifying the holder from holding or obtaining a conductor's licence under the provisions of sub-section (1) of section 34, shall in the city of Amdavad be the commissioner of Transport or Director of Transport as the case may be, and elsewhere the District Magistrate of the District in which the aggrieved person ordinarily resides.

Rule - 26. Fees payable under Chapter III of the Act.

The fees to be paid under Chapter III of the Act shall be -

(i)       in respect of a test for grant of conductor's licence under rule 30, thirty rupees;

(ii)      in respect of a replacement of photograph on conductor's licence under rule 34, twenty rupees;

(iii)     in respect of a duplicate conductor's licence under rule 35, ten rupees;

(iv)    in respect of an appeal under rule 37, eighty rupees;

(v)      in respect of each copy of any document under rule 37, forty five rupees.

Rule - 27. Form of communications.

The licensing authority shall communicate with another licensing authority in Form C.L.C.O.M. for the purpose of intimating:-

(a)      the renewal of conductor's licence;

(b)      the revocation of conductor's licence;

(c)      the disqualification of a holder of a conductor's licence;

(d)      the replacement of a photograph on a conductor's licence;

(e)      the change of address.

Rule - 28. Restriction on the holding of conductor's licences.

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

Rule - 29. Duties, functions and conduct of conductor's of stage carriages.

The conductor of a stage carriage-

(a)      shall not loiter or unduly delay upon any journey but shall proceed to the destination in accordance with the time-table pertaining to the trip;

(b)      shall not smoke while on duty;

(c)      shall not interface with person mounting or preparing to mount upon any other vehicle;

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

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

(f)       shall not allow any passenger to be carried in the vehicle without payment of the legal fare;

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

(g)      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;

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

(i)       shall not be under the influence of any intoxicating drink or of a drug, while duty;

(j)       shall behave in a civil and orderly manner towards passengers and intending passengers;

(k)      shall take all reasonable precautions to prevent the goods or the luggage, from being miscarried, spoiled or lost, on the ways;

(l)       shall be cleanly dressed and in the manner specified by the State Government:

Provided that nothing in this clause shall apply to persons lawfully working as conductors in accordance with rule 38.

(m)    shall maintain the passenger compartments in a clean and sanitary condition during its use in a public place;

(n)     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 period of an hour after failure to proceed to the destination, shall on demand, refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;

(o)      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 permit holder;

(p)      shall supply a ticket to a person traveling in the vehicle on the payment of fare by such person;

(q)      shall, where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or inconvenienced by presence of the goods;

(r)      shall issued a ticket, immediately, on payment of legal fare or freight by the passenger;

(s)      shall, on demand by any passenger, produce the complaint book for recording such complaints as the passenger may desire to record therein;

(t)       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 the rules made there under.

Rule - 30. Grant of conductor's licence.

(1)     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 function of a conductor;

(ii)      the applicant possesses a good moral character;

(iii)     the applicant possesses a valid Adult First Aid certificate issued by St. John Ambulance Association (India); and

(iv)    he has passed the New Secondary School Certificate Examination conducted by Gujarat Secondary Education Board or an equivalent or higher examination:

Provided that nothing in the clause shall apply to any person who is in possession of a conductor's licence immediately before these rules come into force.

(2)     An application for a conductor's licence shall be made in Form L.Con. A. such application shall be accompanied by -

(a)      a proof of age and educational qualification;

(b)      a valid Adult First Aid Certificate issued by St. John Ambulance Association (India);

(c)      a medical certificate in From M.C. Con. issued by a registered medical practitioner having a minimum qualification of a bachelor's degree in medical and surgery ordinarily known as M.B.B.S. and practicing in the State of Gujarat and containing the following particulars regarding the medical practitioner -

(i)       Name and address in brief;

(ii)      The name of the clinic, if any;

(iii)     Telephone no, if any;

(iv)    Medical qualification;

(v)      Registration number under the Gujarat Medical Council Act, 1967;

(d)      a report of moral character obtained from the police station of the area in which the applicant resides;

(e)      three copies of recent passport photograph;

(f)       a fee for test, prescribed under rule 26;

Provided that the licensing authority may decline to accept the aforesaid report or the medical certificate, granted more than one year before the date of application.

(3)     Any officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicles shall be the authority to conduct a test for the grant of conductor's licence:

Provided that it shall be competent for the licensing authority or for any person nominated by it in that behalf to have more than one test.

(4)     When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to act as a conductor of a stage carriage, the licensing authority shall issue the applicant a conductor's licence in Form L.Con. on payment of fees specified in sub-section (5) of section 30, unless the applicant is for the time being disqualified for holding or obtaining a conductor's licence.

Rule - 31. Badge of conductors of stage carriages.

(1)     A conductor of stage carriage shall display on his left chest a badge, in the form illustrated in the Second Schedule, inscribed with the particulars specified in the said Schedule.

(2)     No conductor of a stage carriage shall display the badge held by him if his conductor's licence is suspended or revoked by any authority or if his conductor's licence has ceased to be valid by efflux of time.

Rule - 32. Currency of conductor's licence.

A conductor's licence issued or renewed under the Act or the rules made thereunder shall -

(i)       if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of fifty years on the date of issue or, as the case may be, renewal thereof -

(a)      be effective for period of twenty years from the date of such issue or renewal, or

(b)      until the date on which person attains the age of fifty years, whichever is earlier.

(ii)      if the person referred to in clause (i) has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal:

Provided that every conductor's licence shall not withstanding its expiry under this rule, continue to be effective for a period of thirty days from such expiry.

Rule - 33. Renewal of conductor's licence.

(1)     Any licensing authority may, on an application made to it in Form L.Con.R. renew a conductor's licence with effect from the date of its expiry:

Provided that in any case where the application for the renewal of a licence is made more thirty days after the date of its expiry, the licence shall be renewed with effect from the date of its renewal:

Provided further that where the applicant has attained the age of forty years, the application shall be accompanied by the medical certificates in Form M.C.Con. and the valid Adult First Aid Certificate, issued by St. John Ambulance Association (India).

(2)     Where the authority renewing the conductor's licence is not the authority which issued the licence, it shall intimate the fact of renewal to the authority which issued the licence.

(3)     Every application for renewal of a conductor's licence shall be accompanied by a fee specified under sub-section (5) of section 30.

Rule - 34. Replacement of the photograph.

(1)     Where at any time it appears to a licensing authority that the photograph affixed to any conductor's licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the licence forthwith, and to furnish two clear copies of recent photograph of himself.

(2)     Where, at any time, if a holder of a conductor's licence so desires, a licensing authority may replace the photograph on his licence by a recent photograph of himself.

(3)     Upon the receipt of the copies of photograph as provided in sub-rule(1) or sub-rule(2), the licensing authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph, and note the date of such replacement, and return the licence to the holder, and shall, if it is not the licensing authority by which the licence was issued, forward the second copy of the photograph to that authority.

(4)     The fee for replacing a photograph under this rule shall be as provided in rule 26 and shall be paid alongwith the photograph and application.

Rule - 35. Issue of duplicate conductor's licence.

(1)     Where at any time a conductor's licence is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original licensing authority and shall apply for issue of a duplicate licence, in From C.L.D. along with the fee prescribed under rule 26, and two clear copies of a recent photograph of himself.

(2)     Upon the receipt of such report the licensing authority shall, after making such enquiries as it may think fit, if satisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped "Duplicate" in red in and the date of issue of the duplicate:

Provided that where subsequent to the issue of a duplicate licence, it is found that there has been a 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 licence and make the necessary endorsement thereon.

(3)     Where a duplicate licence has been issued upon representation that a 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 issuing authority. (4) If at any time it appears to an Inspector of Motor Vehicles or to a licensing authority that a conductor's licence held by any person is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing, impound the conductor's licence and require the holder, to obtain a duplicate conductor's licence.

Rule - 36. Change of address.

(1)     If the holder of conductor's licence ceases to reside the address recorded in the conductor's licence, he shall, within thirty days of any such change of address, intimate his new address, to the licensing authority by which the licence was issued, and if the new address is within the jurisdiction of another licensing authority to that other licensing authority.

(2)     Upon the receipt of such intimation, if it is not the licensing authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority.

Rule - 37. Manner of appeals.

(1)     An appeal under rule Chapter III of the Act shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by certified copy of that order and the fee prescribed under rule 26.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of the fee prescribed under rule 26.

(3)     The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of the fee prescribed under rule 26.

Rule - 38. Exemption from the provisions of sub-section (1) of section 29.

(1)     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 reasons beyond his control, cannot perform his duties, the driver of a stage carriage may, for a period not exceeding on month, act as conductor of the stage carriage without holding a conductor's licence required under section 29.

(2)     Any person other than a driver of a stage carriage may act as a conductor without holding a conductor's licence, for a period not exceeding one month. Provided that -

(a)      he intimates in writing, his intention to do so to the licensing authority within whose jurisdiction he intends to act as conductor,

(b)      he is not disqualified for holding or obtaining a conductor's licence, and

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

Rule - 39. Effectiveness of conductor's licence issued in another State.

Any person can act as a conductor on the stage carriage of another State and operating within this State under any reciprocal agreement with that State or under the countersignature of stage carriage permit, if such person holds a valid conductor's licence issued in that State and the person complies with the provisions of rule 29 while the stage carriage is being operated in this State.

CHAPTER-IV REGISTRATION OF MOTOR VEHICLES

Rule - 40. Registering Authority.

The Registering authority shall be-

(i)       for the Districts of Ahmedabad and Gandhinagar, the Regional Transport Officer, Ahmedabad;

(ii)      for the Districts of Bhavnagar and Amerli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar;

(iii)     for the district of Kutch, the Regional Transport Officer, Bhuj;

(iv)    for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhara;

(v)      for the district of Jamnagar, the Regional Transport Officer, Jamnagar;

(vi)    for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh;

(vii)   for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana;

(viii)  for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad;

(ix)    for the district of Banaskantha, the Regional Transport Officer, Palanpur;

(x)      for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot;

(xi)    for the district of Surat, the Regional Transport Officer, Surat;

(xii)   for the district of Vadodara, Bharuch and Narmada, the Regional Transport officer, Vadodara;

(xiii)  for the district of Valsad, Navsari and Dangs, the Regional Transport officer, Valsad;

(xiv)  for the district of Sabarkantha, the Regional Transport officer, Himmatnagar;

(xv)   for the district of Amreli, the Assistant Regional Transport Officer, Amreli;

(xvi)  for the district of Bharuch, the Assistant Regional Transport Officer, Bharuch;

(xvii) for the district of Gandhinagar, the Assistant Regional Transport officer, Gandhinagar;

(xviii)   for the Taluka of Bardoli, Vyara, Songadh, Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli;

(xix)  for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar;

(xx)   for the district of Dahod (excluding Taluka of DevgadhBaria), the Assistant Regional Transport Officer, Dahod;

(xxi)  for the district of Navsari, the Assistant Regional Transport Officer, Navsari;

(xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada;

(xxiii)   for the district of Anand, the Assistant Regional Transport Officer, Anand.

(xxiv)   for the district of Patan, the Assistant Regional Transport Officer, Patan;

(xxv)for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar.

Rule - 41. Appellate Authority.

(1)     The authority to hear appeals against any appealable order other than an under Chapter III of Central Motor Vehicle Rules, 1989, passed by a registering authority under Chapter IV of the Act shall be, the commissioner of Transport or Director of Transport as the case may be.

(2)     The authority to hear appeals against any order under section 53, passed by any other authority prescribed under rule 42 shall be, the registering authority having jurisdiction in the area in which the order was passed.

(3)     The authority to hear appeals against any appealable order passed by an Inspector of Motor Vehicles or an authorized testing station under section 56 in respect of a certificate of fitness shall be, the registering authority having jurisdiction in the area in which the order was passed.

Rule - 42. The other authority to suspend certificate of registration.

The other authority to suspend certificate of registration under section 53, shall be-

(i)       any police officer not below the rank of an Sub-Inspector of Police;

(ii)      any officer of the Motor Vehicles Department, of and above the rank of an Assistant Inspector of Motor Vehicles.

Rule - 43. Fees payable under Chapter IV of the Act.

The fees to be paid under Chapter IV of the Act shall be-

(i)       in respect of an appeal under sub-rule (1) of rule 41, one hundred rupees;

(ii)      in respect of each copy of any document under sub-rule (2) and sub-rule (3) of rule 58, forty five rupees;

(iii)     in respect of facility provided under rule 46, fifty rupees per motor vehicle;

(iv)    in respect of extension of validity of certificate of fitness under sub-rule (2) of rule 51, one hundred rupees;

(v)      in respect of certificate of temporary registration or each of its extension thereof under sub-rule (1) of rule 52, one hundred rupees;

(vi)    in respect of duplicate copy of certificate of temporary registration, fifty rupees;

(vii)   in respect of duplicate copy of certificate of fitness, half of the fee mentioned in serial No. 11 of Table annexed to rule 81 of the Central Motor Vehicle rules, 1989;

(viii)  in respect of each copy of particulars of registration of each vehicle under rule 59, forty five rupees;

(ix)    in respect of notice of alteration in motor vehicles under rule 53, one hundred rupees.

Rule - 44. Exemption from payment of fees.

(1)     The State Government may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, totally or partially, any Government Department, local authorities, associations or bodies of individuals, from payment of the fee payable for copies of particulars of registration under rule 43.

(2)     (a) Such foreign consular officers as have been notified by a general or special order of the State Government in respect of motor vehicles belonging to them;

(b) the owners of:-

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

(ii)      motor ambulances intended to be used solely for the conveyance of the sick, or injured and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief;

(c) The technical Co-operation Mission of the United States of America or its field personnel in respect of motor vehicles belonging to that Mission and assigned to its field personnel for their official use in the State of Gujarat;

(d) The United Nations Agencies and organizations, in respect of motor vehicles belonging to them;

(e) The American Peace Corps Volunteers, in respect of their official motor vehicles used in the Corps programmes and projects;

(f) Co-operative for American Remittance (to Europe) INC, in respect of motor vehicles belonging to the said organization and intended to be used in the State of Gujarat in connection with the work providing food and other urgently needed commodities;

shall be exempted from payment of fees payable under sub-section (2) and sub-section (9) of section 41.

Explanation: For the purpose of this rule, the expression "agricultural operation" means tilling, sowing, harvesting or crushing of agricultural produce, or any other similar operation carried out for the purpose of agriculture, but does not include the transportation of persons or materials for the purpose of agriculture or the transportation of agriculture produce.

(3)     The Government of Gujarat or any other Government, in respect of motor vehicle belonging to it, shall be exempted from payment of fees payable under chapter IV of the Act.

Rule - 44A. Amount in lieu of action for certain failures.

The amount payable by any person in lieu of action for failure to make an application under sub-section (1) or, as the case may be under sub-section (8) of section 41, or failure to make an application under sub-section (1) of section 47, or failure to intimate under sub-section (1) of section 49, or failure to report or apply under clause (a) or clause (b) of subsection (1), or as the case may be, under sub-section (2) of section 50 shall be one hundred rupees.

Rule - 45. Form of communication.

The registering authority shall communicate with another registering authority in Form R.COM. for the purpose of intimating -

(a)      the renewal of certificate of registration, under sub-section (10) of section 41; or

(b)      the transfer of the registration of the vehicle, under sub-section (2) of section 47; or

(c)      the change of address, under sub-section (6) of section 19; or

(d)      the transfer of ownership, under sub-section (7) of section 50; or

(e)      the alteration in a vehicle, under sub-section (5) of section 52; or

(f)       the suspension of registration, under sub-section (3) of section 53 or

(g)      the report of theft of the vehicle, under sub-section (6) of section 48 or

(h)     the entry of hire-purchase/lease/hypothecation or the termination of such entry under section 51, or

(i)       the issue of fresh certificate of registration, under sub-section (5) of section 51.

Rule - 45A. Communication with the financier.

(1)     Where a motor vehicle is held under hire-purchase, lease or hypothecation agreement, the financier shall furnish his full name and address in the forms prescribed under the Act relating to such agreement.

(2)     The registering authority shall communicate with a financier in Form F.COM (Part-I) or in Form F.COM (Part-II) as the case may be, for the purpose of intimations required under chapter-IV of the Act or the rules made thereunder:

Rule - 46. Facilities which may be provided by the registering authority.

(1)     Any person who is a owner, dealer or manufacturer requiring the service of an Inspector of Motor Vehicles for inspection of Motor Vehicles for the purpose of -

(i)       fresh registration or renewal of registration under section 41, or

(ii)      assignment of a new registration mark under section 47, or

(iii)     recording the alteration in the vehicle under section 52, or

(iv)    renewal of certificate of fitness at the place other than the office of the registering authority, may apply to the registering authority for such services.

(2)     The registering authority may depute an Inspector of Motor Vehicles at any place, time and date specified in the application or at any other place, time and date deemed proper by it if the number of motor vehicles to be so inspected exceeds twenty and the fee prescribed under rule 43 is paid:

Provided that the registering authority shall not depute an Inspector of Motor vehicles if the number of motor vehicles to be inspected is less than twenty unless the minimum fee for twenty vehicles for each such place inspection is paid.

Rule - 47. Recording the particulars of exemption.

Where a registering authority registers a motor vehicle in respect of which an order or a notification, exempting such motor vehicle from any of the provisions of rules made under Chapter VII of the Act, has been issued, the registering authority shall record the particulars in brief, of such exemption in the certificate of registration and its records of registration.

Rule - 48. Approval of the plate bearing registration mark.

The registration mark displayed on the motor vehicle by the registered owner shall be got approved by the registering authority within thirty days of the assignment of such registration mark.

Provided that no approval shall be granted unless the registration mark is displayed on both the sides of a transport vehicle in two lines in the dimensions prescribed by rule 51 of the Central Motor Vehicles Rule, 1989.

Rule - 49. Particulars to be exhibited on transport vehicles.

(1)     The particulars to be exhibited on the left hand side of transport vehicle shall be-

(a)      in the case of motor cabs and maxi cabs,-

(i)       the number of passenger permitted to be carried;

(ii)      the minimum fares chargeable, and

(iii)     the rate of fares.

(b)      in the case of other transport vehicles-

(i)       the chassis number;

(ii)      the unladen weight denoted by U.W.;

(iii)     the gross vehicle 3 weight denoted by G.V.U.;

(iv)    the registered front axle weight denoted by F.A.W.;

(v)      the registered rear axle weight denoted by R.A.W.;

(vi)    the registered axle weight of each intermediate axle, if any, denoted by M.A.W.;

(vii)   the number of passenger if permitted to be carried, denoted by Pass.;

(viii)  the number size and ply rating of tyres on each axle denoted by Front, Rear and Middle.

(2)     The name and address of the registered owner, shall be exhibited on both sides of every transport vehicles, as required by section 84.

(3)     The letters and figures of the particulars to be exhibited under sub-rule (1) shall not be less than 20 millimetres in height.

Rule - 50. Issue, renewal and cancellation of certificate of fitness.

(1)     Certificate of fitness may be issued or renewed by Inspector of Motor Vehicles or authorized testing station, subject to the general control and direction of the appropriate registering authority.

(2)     An application for the issue or renewal of certificate of fitness shall be made in Form C.F.A. to the Inspector of Motor Vehicles or the authorized testing station, in whose jurisdiction the vehicle is normally kept, and shall be accompanied by the fees prescribed under the Central Motor Vehicles Rules, 1989.

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

(4)     The authority empowered to cancel the certificate of fitness under the provisions of sub-section (4) of section 56 shall be the Inspection of Motor Vehicles.

(5)     The authority canceling a certificate of fitness shall give the owner or other person in charge of the vehicle, the reasons in writing, for such cancellation and shall make a report of his action and forward the certificate to the registering authority under whose direction and control he may be. After the authority has cancelled the certificate of fitness, such authority may, by endorsing in Form C.F.X. specify the time within which and the conditions subject to which the vehicle may be driven to a specified destination for the purposes of repair.

(6)     Nothing in sub-rule (5) shall debar the owner or the person in charge of the vehicle, the certificate of fitness of which has been cancelled, from applying at any time for the restoration of the certificate of fitness if the vehicle has been repaired in a such a manner that all the requirement of the Act and the rules made thereunder are complied with. If such a vehicle is inspected and passed within thirty days of the date of cancellation of the certificate of fitness but before the date of expiry specified in such certificate, the certificate shall be resorted to its original date of expiry. If, however, the vehicle is brought for inspection at any other time a fresh certificate of fitness will be required, in which case the fees prescribed by the Central Government for the issue of certificate of fitness shall be charged.

(7)     While inspecting a motor vehicle for the purpose of issue or renewal of certificate of fitness, the Inspector of Motor Vehicle or the authorized testing station shall fill in Form M.V.INS. in duplicate and shall deliver the duplicate copy to the applicant, on completion of the inspection. The Inspector of Motor Vehicles or the authorized testing station, as the case may be, shall also obtain legible, pencil impression of chassis number of the vehicle so inspected, on the original copy.

Rule - 51. Extension of validity of certificate of fitness.

(1)     If, owing to mechanical breakdown or other cause, a motor vehicle is, after the expiry of the certificate, outside the area in which the Inspector of Motor Vehicles by whom the certificate is to be renewed has jurisdiction, the Inspector of Motor Vehicles may, on an application made to him and, without prejudice to any penalty to which the owner or driver may have become liable, if the vehicle is in his opinion fit for use, by endorsement in Form C.F. Sub. and subject to such conditions as he may specify, extend the validity of certificate of fitness for its continued use for such time as may reasonably be necessary for the vehicle to return to the area of the authority by which the certificate should be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after its return to that area until the certificate has been renewed.

(2)     The fee for the grant of such extension under sub-rule (1) shall be as prescribed under rule 43.

(3)     If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any Inspector of Motor Vehicles safely be driven at a reduced speed to a place of repair, and if the Inspector of Motor Vehicles is satisfied that it is necessary that the vehicle should be so driven, the Inspector of Motor Vehicles may by endorsement in Form C.F.X. specify the time within which, and the conditions subject to which the vehicle may be driven to a specified destination for the purposes of repair and the limit of speed beyond which it shall not be driven.

Rule - 52. Grant of temporary registration.

(1)     An application for a certificate of temporary registration or extension of period of validity thereof shall be made in Form C.R. Tem. A. and shall be accompanied by-

(a)      original sale certificate in Form 21, alongwith its copy;

(b)      temporary registration certificate, if any;

(c)      appropriate fee as specified in rule 43.

(1A) The original sale certificate shall be endorsed with an inscription "Temporary registration mark...assigned", by registering authority and shall be returned to the applicant after verification of its contents.

(1B) The period of extension of validity shall not be granted more than one month at any one time.

(2)     A certificate of temporary registration shall be in From C.R. Tem.

(3)     The other authority for the purpose of section 43 in respect of motor vehicles manufactured by them, shall be, an officer of -

(i)       Gujarat tractors Corporation Ltd.;

(ii)      Gujarat Narmada Auto Ltd.;

(iii)     Hindustan Motors Ltd.;

(iv)    General Motors India Ltd.

Provided that the power conferred by this sub-rule shall not be exercised unless the name of the officer is approved by the Commissioner of Transport or Director of Transport as the case may be, in writing in this behalf and unless the vehicle is proceeding immediately for registration to a place outside the region. (3A) The other authority for the purpose of section 43 shall be a dealer engaged in the sale of motor vehicles having dealership of manufacturers and having aggregate sale of vehicles not less then 1000 in a year and having been authorized by the Director of Transport/Commissioner of Transport in this behalf.

(4)     (i) The temporary registration mark to be assigned by any registering authority specified in the first column of the Third Schedule to these rules, shall be as set forth in the corresponding entry in the second column thereof.

(ii) The temporary registration mark to be assigned by the other authority prescribed under sub-rule (3), shall be from among a block of registration marks allotted by the respective registering authority from among those assigned to it in the Third Schedule aforesaid.

(5)     The authority granting a certificate of temporary registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be displayed to the front and rear of the vehicle in the prescribed manner.

(6)     The records of the other authorities prescribed under sub-rule (3) which are maintained by them for the purpose of issue of certificate of temporary registration shall be open for inspection at all reasonable times, by any officer of the Motor Vehicles Department.

Rule - 53. Alteration in a motor vehicle.

(1)     For the purpose of sub-section (1) of section 52, a notice of proposed alternation shall be in Form "B.T.I.", alongwith a fee prescribed under rule 43.

(2)     For the purpose of sub-section (4) of section 52, a report of alteration shall be in Form "B.T.A." alongwith a fee prescribed in this behalf, under rule 81 of the Central Motor Vehicle Rules, 1989.

(3)     The proviso to sub-section (2) of section 52 shall not apply in respect of a notice-

(i)       to replace the chassis or body shall;

(ii)      to replace, to change or to modify the engine;

(iii)     to change the structure of the vehicle which may or may not result in change in its basic feature.

(4)     No approval shall be granted:

(i)       to replace a chassis or a body-shell of vehicle unless it is to be replace by a chassis or body-shell of the identical type and nature and proof of its origin to the satisfaction of the registering authority is accompanied with the notice.

(ii)      to alter a motor vehicle which is held under a hire purchase agreement, unless the financier has given consent for the alteration in form "B.T.I.",

(iii)     to reduce seating capacity by removing seats in an omnibus which is used as a public service vehicle, on the ground that the owner intends to carry so many passengers only, unless the seats are re-arranged equally and properly.

(5)     Subject to the provisions of sub-section (2) of section 52 and sub-rule (3) and (4) of this rule, the registering authority may refuse to record -

(i)       any alteration made without the necessary approval of the registering authority,

(ii)      any alteration made without the necessary consent of the financier;

(iii)     any alteration made by way of modification of the engine as envisaged in second proviso to sub-section (1) of section 52 unless such modification complies with each condition prescribed for such modification and that the person who carried out such modification certifies to the effect that any part of any other mechanism of the vehicle has not been tempered with consequent upon such modification and that the use of the vehicle upon such modification is not calculated to render the driving of such vehicle a source of danger to persons and vehicle using the public place.

(6)     In order that the alteration made in the vehicle is verified and recorded the owner shall produce the vehicle before such Inspector of Motor Vehicles as may be specified by the registering authority alongwith-

(i)       the approval granted in Form "B.T.I.";

(ii)      the proof or certificate, where necessary;

(iii)     and other document which the Inspector of Motor Vehicles or the registering authority considers necessary.

Rule - 54. Issue of duplicate certificates.

(1)     If a certificate of temporary registration is lost, destroyed, torn, defaced or mutilated, the owner of motor vehicle or the dealer, as the case may be, shall forthwith report the matter to the original registering authority and shall, apply for the issue of a duplicate certificate in Form C.D. alongwith a fee prescribed under rule 43.

(2)     If a certificate of fitness is lost, destroyed, torn, defaced or mutilated, the owner of motor vehicle shall forthwith report the matter to the registering authority in whose jurisdiction the certificate was issued or last renewed and shall, apply for the issue of a duplicate certificate in Form C.D. along with a fee prescribed under rule 43.

(3)     Upon receipt of such intimation the registering authority shall furnish the applicant with a duplicate copy of such certificate, duly stamped "Duplicate" in red ink, and the seal of the registering authority.

(4)     If at any time it appears to an Inspector of Motor Vehicles or to a registering authority that any of the certificates issued under Chapter IV of the Act is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing, impound the certificate and require the owner or the dealer, as the case may be, to obtain a duplicate certificate.

(5)     Where a duplicate certificate under this rule, or a duplicate certificate of registration or trade certificate under the Central Motor Vehicle Rules, 1989, has been issued upon representation that a certificate has been lost, and the original certificate is afterwards found or received by the owner or the dealer, the owner or the dealer as the case may be, shall immediately return the duplicate certificate to the issuing authority.

Rule - 55. Intimation of arrival of a motor vehicle.

Every owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State before the commencement of these rules, shall within seven days of such arrival or commencement of these rules, intimate to the registering authority in whose jurisdiction the vehicle is to be normally kept, in Form F.T. prescribed under the Bombay Motor Vehicles Tax Rules, 1959.

Rule - 56. Power of registering authority to require production of certificate of registration.

The registering authority may, subject to the provisions of sub-section (5) of section 58, require an owner of a motor vehicle to produce the certificate of registration before it for the purpose of revision of entries therein of particulars relating to the gross vehicle weight, and the owner of such a motor vehicle shall produce the certificate of registration within seven days from the date on which such requisition was made.

Rule - 57. Information regarding stolen and recovered vehicles.

The Director general of Police or such other police officers as the State Government may specify in this behalf shall furnish monthly returns in the forms appended to this rule, containing the information regarding vehicles which have been stolen and stolen vehicle which have been recovered of which the police are aware, to the State Transport Authority, and shall send the copy of such returns to all the offices of the Motor Vehicles Department in the State, within period of three months.

FORM - I

Statement showing the Information regarding motor vehicles which have been stolen in the month of ________________

FORM-II

Statement showing the Information regarding Motor Vehicles which have been recovered in the month of ________________

Rule - 58. Manner of appeals.

(1)     An appeal under rule 41, shall be preferred in duplicate, in the form of memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred; and shall be accompanied by a certified copy of that order and a fee prescribed under rule 43.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the registering authority and connected with the order against which he is preferring the appeal, on payment of a fee prescribed under rule. 43.

(3)     The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of a fee prescribed under rule 43.

Rule - 59. Supply of copies of particulars of registration.

A registering authority may in its discretion supply copies of particulars of registration of any motor vehicle registered in the records maintained by it, to any person who may apply for the same alongwith a fee prescribed under rule 43.

Rule - 60. Exemption of road-rollers, graders, etc.

Deleted.

Rule - 61. Maintenance of State Register of Motor Vehicles.

(1)     Ever registering authority shall furnish a monthly report in duplicate, containing particulars required by the form of State Register of Motor Vehicles prescribed by the Central Government, to the Commissioner of Transport or Director of Transport as the case may be, within ten days of the succeeding each month.

(2)     The Commissioner of Transport or Director of Transport as the case may be, shall forward a quarterly, compiled report in duplicate, of particular received from all the registering authorities, to the Additional Chief Secretary (Transport)/Secretary (Transport), Home Department within ten days of the succeeding month after the concerned quarter.

(3)     The State Government may, fro, time to time, issue directions to the registering authorities or to the Commissioner of Transport or Director of Transport as the case may be, for the purpose of carrying into effect the provisions of section 63.

CHAPTER – V CONTROL OF TRANSPORT VEHICLES

Rule - 62. 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 State Government may at any time remove any member from office.

(4)     Subject to the provisions of sub-rule (3), a non-official member if any, 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)     For the purpose of quorum at a meeting, presence of at least two members shall be necessary, out of which one member shall be the Chairman or the Presiding Officer appointed under sub-rule (6). If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be adjourned to such day and at such time and place as the Chairman or the Presiding Officer may determine, and if at the adjourned meeting a quorum is not present, the members present shall constitute the quorum.

(6)     The Chairman may, if necessary, nominate a panel of members, any one of whom may preside at the meeting in the absence of the Chairman (such person being referred to as the "Presiding Officer") in the order of preference determined by the Chairman, and the Chairman may vary such panel at any time.

(7)     The Chairman or the Presiding Officer shall have a second or casting vote.

(8)     The provisions contained in sub-rules (2) to (7) shall not apply in case the State Transport Authority is constituted in accordance with the provisions contained in second proviso to sub-section (2) of section 68.

Rule - 63. 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 each month 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 six meetings in each financial year. The State Government may at any time remove any such member from office on his failure to attend the minimum number of meetings fixed under this sub-rule. The State Government may at any time remove from office any member for any other cause.

(4)     Subject to the provisions of sub-rule (3), a non-official member, if any, 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)     For the purpose of quorum at a meeting, presence of at least two members shall be necessary, out of which member shall be the Chairman of the Presiding Officer appointed under sub-rule (6). If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall be adjourned to such day and at such time and place as the Chairman or the Presiding Officer may determine.

(6)     The Chairman may, if necessary, nominate a panel of members, any one of whom may preside at the meeting in the absence of the Chairman (such person being referred to as the "Presiding Officer") in the order of preference determined by the Chairman, and the Chairman may vary such panel at any time.

(7)     The Chairman or the Presiding Officer shall have a second or casting vote.

(8)     The provisions contained in sub-rules (2) to (7) shall not apply in case the Regional Transport Authority is constituted in accordance with the provisions contained in second proviso to sub-section (2) of section 68.

Rule - 64. Conduct of business of Transport Authorities.

(1)     Each Transport Authority shall have a Secretary and an Executive Officer who shall be appointed by the State Government and who 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 State Government, the State Government and a 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 the Chairman.

(3)     The State or a Regional Transport Authority, as the case may be, may decide any matter, without holding a meeting by the majority of the votes of members recorded in writing and sent to the Secretary (herein-after referred to as "circulation procedure").

(4)     In the event of circulation procedure 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 document, 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 the Transport Authority. No decision shall be made upon circulation procedure being followed if, before the date by which the votes of members are required to reach the office of Transport Authority, not less than one-third of the 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.

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

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

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

(8)     Where a matter is decided by the votes of members present at meeting of the State Transport Authority or a Regional Transport Authority, no person other than a member of the Transport Authority shall be entitled to be present and no record of the voting shall be kept save of the number of votes cast on either side; 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 - 65. Delegation of powers by State Transport Authority.

(1)     The State Transport authority may by general or special resolution recorded in its proceedings and subject to the restrictions, limitations and conditions herein specified, delegate to the Commissioner of Transport or Director of Transport as the case may be, or Joint Director of Transport or Deputy Director of Transport, all or any of its following powers, namely:-

(i)       power to grant with or without modifications or refuse to grant, a permit in respect of a tourist vehicle under sub-section (9) of section 88 and the power to attach conditions under sub-section (11) of section 88 or vary the conditions so attached;

(ii)      power the countersign or replace to countersign permits granted in any other State under section 88 and the power to attach conditions or vary the conditions so attached;

(iii)     power to renew or reject the application for renewal of any of the permit mentioned in clause (i), or the countersignature mentioned in clause (ii), of this sub-rule;

(iv)    power to suspend a permit or a countersignature under section 86 or to recover from the holder thereof a sum of money agreed upon in accordance with sub-section (5) or sub-section (7) of the said section subject to the provisions of sub-section (4) of the said section;

(v)      power to permit the replacement of one vehicle by any other vehicle of the same nature, under section 83;

(vi)    power under section 214 to direct a stay of the order passed by the original authority against which an appeal has been preferred or application for revision has been made;

(vii)   power to grant or refuse to grant a temporary permit under section 87 or special permit under sub-section (8) of section 88, and the power to attach conditions or vary the conditions so attached to any such permit;

(viii)  power to decide any appeal preferred under rule 107;

(ix)    power to record change of address under rule 82:

Provided that the Commissioner of Transport or Director of Transport as the case may be, or Joint Director of Transport or Deputy Director of Transport as the case may be, shall:-

(a)      keep informed the State Transport Authority from time to time, of the action taken by him in pursuance of the powers delegated to him; and

(b)      arrange to paste on a notice board on the premises of his office, a copy of every resolution of that Transport Authority delegating its powers.

(2)     Notwithstanding anything contained in this rule, the State Transport Authority may, from time to time issue instructions to the Commissioner of Transport or Director of Transport as the case may be, Joint Director of Transport or Deputy Director of Transport as to the manner in which the powers so delegated shall be exercised.

Rule - 66. 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 restrictions, limitations and conditions herein specified, delegate to the Regional Transport Officer or Assistant Regional Transport Officer, all or any of its following powers, namely:-

(i)       power to grant or refuse to grant a temporary permit under sub-section (1) of section 87 or sub-section (7) of section 88 or a special permit under sub-section (8) of section 88, and the power to attach conditions or vary the conditions so attached to any such permit;

(ii)      power to grant with or without modifications or refuse to grant, a stage carriage permit, a contract carriage permit, a private service vehicle permit, a goods carriage permit or a national permit under the Act, and the power to attach conditions or vary the conditions so attached to any such permit;

(iii)     power to countersign or refuse to countersign a stage carriage permit, a contract carriage permit or a private service vehicle permit, granted in any other region in the State, and the power to attach conditions or vary the conditions so attached to any such countersignature;

(iv)    power to renew or reject the application for renewal of, any of the permit mentioned in clause (ii) or any of the countersignature mentioned in clause (iii), of this sub-rule;

(v)      power to permit the replacement of one vehicle by any other vehicle of the same nature, under section 83;

(vi)    power the suspend a permit or a countersignature, under section 86, or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) or sub-section (7) of the said section, subject to the provisions of sub- section (4) of the said section;

(vii)   power to grant or renew, or refuse to grant or renew, licences of the agents under section 93, and the power to attach conditions or vary conditions so attached to any such licence;

(viii)  power to forfeit the security and the power to suspend or revoke any such licence granted under section 93;

(ix)    power to record change of address under rule 82:

Provided that the Regional Transport Officer or, as the case may be, Assistant Regional Transport Officer shall-

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

(ii)      arrange to paste on a notice board on the premises of his office, a copy of every resolution of that Transport Authority delegating its power.

(2)     Notwithstanding anything contained in this rule, a Regional Transport Authority may form time to time, issue instructions to the Regional Transport Officer or Assistant Regional Transport Officer as to the manner in which the powers so delegated, shall be exercised.

Rule - 67. Application of sub-section (1) of section 66.

Deleted.

Rule - 68. Exemption from sub-section (1) of section 66.

The provisions of sub- section (1) of section 66 shall not apply to:-

(i)       any transport vehicle used as relief vehicle for carrying passengers and their luggage from a disabled stage carriage to the place of destination;

(ii)      any transport vehicle owned by a religious or charitable institution registered under the Bombay Public Trusts Act, 1950 (BOM XXIX of 1950) and used for the purposes of such institution;

(iii)     any transport vehicle specified by the State Government in the notification in the Official Gazette, to be used for any public purpose.

Rule - 69. Disposal of applications under Chapter V of the Act.

(1)     When any application made under Chapter V of the Act to the Transport Authority is received by the Secretary of the Transport Authority, he shall examine whether the powers to deal therewith have been delegated to any authority or person and shall forward the application to such authority or person, if the powers have been so delegated by the concerned Transport Authority.

(2)     In case where the application is required to be considered by the State Transport Authority or the Regional Transport Authority, the concerned Secretary, or such authority or person referred to in preceding sub-rule, shall scrutinize the application and call for such further particulars and make such other enquiry as may be considered necessary, and shall, subject to the general directions of the concerned Transport Authority, decide whether the application be disposed of by the circulation procedure or at a meeting of the Transport Authority.

(3)     Normally, the application referred to in sub-rule (1) or sub-rule (2) shall be disposed of within one month of receipt thereof.

Rule - 70. Forms to be used for the purpose of Chapter V of the Act.

(1)     Every application for a permit shall be-

(i)       in respect of a stage carriage............ in Form P.St.S.A.

(ii)      in respect of a stage carriage to be used as contract carriage also............ in Form P.Co.S.A.,

(iii)     in respect of contract carriage........... in Form P.Co.P.A.,

(iv)    in respect of private service vehicle... in Form P.Pr.S.A.,

(v)      in respect of goods carriage............ in Form P.Pu.C.A.,

(vi)    in respect of temporary permit ......... in Form P. Tem.A.,

(vii)   in respect of special permit ............ in Form P.Co.Sp.A.,

(viii)  in respect of a countersignature of a permit ......in Form P.C.S.A.,

(2)     Every application for a licence shall be-

(i)       in respect of an agent engaged in the sale of tickets for travel by public service vehicles in Form L.Ag.A.,

(ii)      in respect of an agent engaged in the business of collecting, forwarding or distributing goods carried by goods carriages in FromL.Ag.G.C.A. for principal or supplementary licence.

(3)     Every application for a renewal shall be-

(i)       in respect of any permit or any countersignature of permit-in Form P.C.S.R.,

(ii)      in respect of an agentslicence granted with regards to public service vehicles - in Form L.Ag.R.,

(iii)     in respect of an agent's licence granted with regards to goods carriages- in Form L.Ag.G.C.R. for principal or supplementary licence.

(4)     Every application for a duplicate copy shall be-

(i)       in respect of any permit or any countersignature of a permit - in Form P.C.S.D.,

(ii)      in respect of any agent's licence - in Form L.Ag.D.

(5)     Every application shall be-

(i)       in respect of replacement of a motor vehicle on permit or countersignature of a permit - in Form M.V.Rep.A.,

(ii)      in respect of transfer of permit or countersignature of a permit - in Form Tr.P.A.,

(iii)     in respect of change of address of the holder of permit or countersignature of a permit - in Form C.Ad.A.

(6)     Every application shall be accompanied by a fee prescribed under rule 71.

(7)     Every permit shall be-

(i)       in respect of a stage carriage - in Form P.St.S.,

(ii)      in respect of a stage carriage to be used as contract carriage also - in Form P.Co.S.,

(iii)     in respect of a contract carriage - in Form P.Co.P.,

(iv)    in respect of a private service vehicle - in Form P.Pr.S.,

(v)      in respect of a goods carriage - in Form P.Pu.C.,

(vi)    in respect of a tourist vehicle - in Form P.Tr.V.,

(vii)   in respect of a temporary permit - in Form P.Tem.,

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

(ix)    in respect of a countersignature of a permit - in Form P.C.S.,

(x)      in respect of a national permit - in Form N.P.Pu.C.

(8)     Every licence shall be-

(i)       in respect of an agent's licence granted with regards to public service vehicles - in Form L.Ag.,

(ii)      in respect of an agent's licence, principal or supplementary, granted with regards to goods carriages - in Form L.Ag.G.C.

(9)     Communication between the Transport Authorities under rule 73 shall be in Form T.A. COM.

(10)   Every permit or licence issued or countersigned in accordance with Chapter V of the Act shall be sealed and signed by the Transport Authority or by the officer to whom the powers under rule 65 or as the case may be, under rule 66, have been delegated.

Rule - 71. Fee payable under Chapter V of the Act.

The fee to be paid alongwith the application under Chapter V of the Act, shall be:-

(i)       in respect of an appeal or a revision under Chapter V of the Act and the rules made and thereunder, one hundred rupees;

(ii)      in respect of each copy of any document connected with an appeal or a revision, thirty rupee;

(iii)     in respect of a temporary permit or a special permit, one hundred rupees for each calendar month or part thereof;

(iv)    in respect of any other permit for each motor vehicle, three hundred fifty rupees;

(v)      in respect of a countersignature of any permit, the fee payable for the grant of such permit;

(vi)    in respect of variation of conditions of any permit, the fee payable for the grant of such permit;

(vii)   in respect of an agent's licence with regards to public service vehicles, five hundred rupees;

(viii)  in respect of an agent's licence, principal or supplementary licence, with regards to goods carriages, one thousand rupees;

(ix)    in respect of a renewal of any permit or countersignature of any permit, two hundred rupees;

(x)      in respect of a renewal of an agent's licence with regards to public service vehicles, three hundred fifty rupees;

(xi)    in respect of a renewal of an agent's licence, principal or supplementary, with regards to goods carriages five hundred rupees;

(xii)   in respect of a duplicate copy of temporary or special permit, one hundred twenty five rupees;

(xiii)  in respect of a duplicate copy of any other permit or countersignature, one hundred fifty rupees;

(xiv)  in respect of a duplicate copy of any agent's licence, three hundred rupees;

(xv)   in respect of replacement of motor vehicle on permit or countersignature of a permit, one hundred rupees;

(xvi)  in respect of transfer of any permit or countersignature of a permit, three hundred rupees;

(xvii) in respect of recording change of address of the holder of permit or countersignature of a permit, one hundred rupees;

(xviii)   in respect of an application for approval of taxi meter, five hundred rupees;

(xix)  in respect of temporary permit of goods carriages of other States entering through border check-post, one hundred rupees for each return trip.

Rule - 72. Exemption from payment of fees.

The State Government may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, any person or class of persons from payment of all or any portion of the fees payable under Chapter V of the Act.

Rule - 73. Communication between the Transport Authorities.

(1)     Whenever-

(i)       the original Transport Authority grants or renews a permit to be operative in any other region or regions within the State by extending its validity under rule 78, it shall intimate the fact of such grant or renewal to the Transport Authority of such other region or regions;

(ii)      the transport Authority which grants or renews a countersignature, of a permit issued by another Transport Authority, such authority shall intimate the fact of such grant or renewal to the original Transport Authority;

(iii)     the original Transport Authority replaces a motor vehicle by another vehicle, on the permit bearing the countersignature of any other authority, it shall intimate the fact of such replacement to the Transport Authority by which the permit was countersigned;

(iv)    the original Transport Authority transfers a permit bearing the countersignature of any other authority, it shall intimate the fact of such transfer to the Transport Authority by which the permits was countersigned;

(v)      the original Transport Authority varies the conditions of a permit operative in any other region or State by virtue of a countersignature or otherwise, it shall intimate the fact of such variation to the other Transport Authority in whose area the permit is so valid;

(vi)    the Transport Authority varies the conditions of a countersignature of the permit, it shall intimate the fact of such variation to the original Transport Authority;

(vii)   the Transport Authority suspends or cancels a permit or countersignature of the permit, it shall intimate the fact of such suspension or cancellation to the other Transport Authority in whose area the permit or the countersignature is so valid.

(2)     The intimations under sub-rule (1) shall be in the form prescribed under rule 70.

Rule - 74. Refusal of an application for private service vehicle permit.

Subject to the provisions of sub-section (2) of section 80, the Regional Transport Authority may, in its discretion refuse an application for a private service vehicle permit, if it is satisfied that -

(i)       such application is made on behalf of a union or an association, which has been formed by individual persons carrying on trade or business for the specific purpose of providing a collective transport, without having any other joint liability in their individual trade or business, if fees or expenses are recovered in some form or other to meet the operating expenses of the vehicle; or

(ii)      the applicant is the holder of private service vehicle permit, which has been suspended or cancelled.

Rule - 75. Entry of registration mark on permit.

(1)     No permit shall be issued until the registration mark and other particulars of the vehicle to which it relates has been entered therein.

(2)     The applicant shall, within one month of the sanction of the application for a permit or such longer period as the Transport Authority may specify, produce before that authority the certificate of registration of the vehicle registered in his name and in the event of the applicant failing to produce the certificate of registration within the specified period the Transport Authority may withdraw its sanction of the application for the permit.

Rule - 76. Additional conditions in respect of certain permits.

(1)     A permit in respect of a stage carriage shall be subject to the following conditions, namely:-

(a)      that its holder shall not use a stage carriage in a public place for carrying or intending to carry passengers unless it carries a conductor:

Provided that the State Government may by an order in the official Gazette except any stage carriage from the operation of clause (a) on such route and subject to such conditions as may be specified in the order;

(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 of stage carriage shall be regularly operated on the specified route in accordance with the approved timetable;

(d)      that a copy of rule 115 in English & Gujarati language shall be carried in a prominent place in every stage carriage operated by him.

(2)     A permit in respect of a tourist vehicle shall be subject to the following conditions in addition to those prescribed by Central Government under clause (iii) of sub-section (11) of section 88 -

(a)      that no goods shall be carried in the vehicle in addition to or to the exclusion of passengers;

(b)      that the attendant of the tourist vehicle shall wear the same uniform as may have been specified for the driver of such vehicle.

(3)     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 driver authorized by him in writing and approved by the Regional Transport Officer or Assistant Regional Transport Officer as the case may be, which writing and approval shall be carried by such driver when driving and shall, on demand by any police officer or Officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicles in uniform, produce such authorization for examination;

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

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

(d)      that the holder of the permit shall maintain a register showing the list of passengers traveling in the vehicle in each and every trip performed by the said vehicle in the form appended to this sub-rule, and shall also cause a copy of the said list of passengers to be carried in the vehicle when the vehicle is being used in a public place, and the driver, attendant or the representative of the holder of the permit shall, on demand by the checking officer, produce such list for examination:

provided that the provisions of this sub-rule shall not be applicable to the motor cabs and maxi cabs:

Provided further that the State Government may, by an order in the official Gazette, exempt permit holders of specified class from the operation of this sub-rule subject to such conditions as may be specified in the order.

FORM

(e)      that the contract carriage shall not be parked on or near any bus stand used by stage carriage and declared as "No Parking Zone" under any law for the time being in force, and shall not operate from vicinity of such bus stand;

(f)       that the permit holder shall not operate the contract carriage as stage carriage.

(4)     A permit in respect of public service vehicle shall be subject to the condition that its holder makes provision on such vehicle for the conveyance of a reasonable quantity of passengers' luggage with efficient means for securing it and protecting it against rain.

(5)     A national permit granted under sub-section (12) of section 88 shall be subject to the following conditions, namely:-

(a)      that such vehicle shall operate on all categories of roads in India except in the North-Eastern Region where their operation shall be only on National and State Highways with permission to deviate from National and State Highways in the North-Eastern Region for a maximum distance of 60 Kilometres;

(b)      that such vehicle shall operator on the roads mentioned in clause (a) subject to such local restrictions regarding maximum load to be carried etc, as may be laid down from time to time.

(6)     A permit in respect of a transport vehicle shall be subject to the following conditions, namely:-

(a)      that the vehicle shall not be used for carriage of any article, the transportation of which is prohibited by or under any law for the time being in force in the State of Gujarat;

(b)      the holder of the permit shall cause the permit to be carried in a glazed frame or other suitable container carried in the vehicle in such a way as to maintain it in a clean and legible condition and readily available for inspection at any time by any person duly authorized in that behalf;

(c)      that the holder of the permit shall maintain the vehicle in a clean and sanitary condition;

(d)      that the holder of the permit shall comply with all requirement of the Act and the rules made thereunder.

Rule - 77. Variation of conditions of permit.

(1)     The permit holder may apply in writing to the Transport Authority to vary of the conditions of the permit, alongwith a fee prescribed under rule 71 and the Transport Authority may in its discretion vary such conditions.

(2)     A Regional Transport Authority may vary any of the conditions of the permit or attach to the permit further conditions, without affording the holder of the permit an opportunity of being heard, if such variation or addition of condition f permit is in accordance with any particular or general direction issued by the State Transport Authority under sub-section (4) of section 68, or involves a question of principle which has already been decided by a ruling of the Regional Transport Authority or of the State Transport Authority, and such ruling has not been modified upon appeal, and the Regional Transport Authority may attach any other condition which may be prescribed.

(3)     Where the Transport Authority has given a notice of one month, to vary the conditions of the permit or to attach to the permit further conditions, in the Official Gazette, then after the expiry of such period from the date of publication of such notice in the Official Gazette, such conditions shall be deemed to have been attached to the permit and such permit holders shall produce their permits before the Transport Authority by which the permit is issued for incorporation of such variations or additions of conditions, in the existing permit.

Rule - 78. Extension of area of validity of permits.

(1)     Subject to the provisions of section 88 and of this rule, a Regional Transport Authority which issues a permit (hereinafter referred to as the "Original Transport Authority") may extend the area of validity of a permit other than a stage carriage permit and a goods carriage permit, for any area in any other contiguous region or regions within the State in accordance with any general or special resolution passed and recorded by the Transport Authority of each of the other regions concerned and the original Transport Authority may, upon such extension, attach conditions to the permit with effect to such region or regions and may like-wise attach different conditions in respect of different regions.

(2)     The vehicle, in respect of which the area of validity of permit is so extended, shall normally be kept within the area of the original Transport Authority.

(3)     The original transport authority which issues a permit to be operative in any other region or regions shall intimate the fact of issue and also send a copy of the permit, to the Transport Authority of such region or regions.

(4)     The original Transport Authority shall not extend the area of validity of contract carriage permit other than the contract carriage permit in respect of motor cabs and maxi cabs, unless it attaches condition to the permit to the effect that, if the vehicle visiting other region or regions is discharged or released, from the contract by the passengers in such other region, it shall not be offered for hire or reward on its return journey, for picking up any passenger traffic from any place within such other region or regions for the purpose of visiting any place in the State.

(5)     An application for a special permit shall be made not less than three days before the date on which it is desired that the permit shall take effect:

Provided that the Transport Authority may, having regard to the circumstances of the case, entertain such application made to it at any time.

(6)     Having regard to the circumstances of the case, the Transport Authority of the region in which the vehicle alongwith its party of passengers happens to be at the time, may for the purpose of extension of the journey, extend the validity of special permit with respect to its expiry or the route or the area, provided the necessary taxes and the fee provided for the grant of such permit is paid.

(7)     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 part of that other State except in conformity with the terms of their reciprocal arrangements.

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

(i)       the tax payable to the State according to the Bombay Motor Vehicle Tax Act, 1958 is paid in advance.

(ii)      at least three days advance intimation of the intention to enter the State is given to the Secretary of the Regional Transport Authority within whose jurisdiction the vehicle is proposed to enter the State.

(iii)     the period of validity of the special permit in the State shall not exceed a period of one month.

(9)     A permit in respect of a tourist vehicle granted by the State Transport Authority of any other State in accordance with subsection (9) to (11) of section 88 shall be valid in this State, if the tourist vehicle covered under the said permit is chartered by the tourists in the Home State for visiting this State:

Provided that if such tourist vehicle visiting this State is discharged/released in this State by the said tourists, it shall not be offered for hire or reward on its return journey for picking up any passenger traffic including tourist traffic from any place within this State for the purpose of visiting any other place either in this State or in any other State.

Rule - 79. Renewal of permits or countersignature.

(1)     An application for renewal of a permit or a countersignature of a permit shall be made in the form prescribed under rule 70, to the Transport Authority by which the permit or countersignature of a permit was issued and shall be accompanied by the permit or the countersignature, as the case may be, and the fee prescribed under rule 71.

(2)     Subject to the provisions of sub-section (9) of section 51 and subsection (4) of section 81, the Transport Authority may renew the permit or the countersignature, as the case may be.

(3)     The original Transport Authority which renews a permit may, unless any Transport Authority by which the permit has been countersigned has, by general or special resolution otherwise directed, like-wise renew the countersignature of the permit, and shall intimate the fact of renewal of permit and its countersignature to the Transport Authority by which the permit was originally countersigned.

(4)     Unless the countersignature is renewed under this rule, it shall be of no effect beyond the date of expiry stated therein.

(5)     The original Transport Authority which renews a permit to be operative in any other region or regions in accordance with the provisions of rule 78, shall intimate the fact of renewal of permit to the Transport Authority of that region or regions.

(6)     The original Transport Authority which renews a permit to be operative in any other region or State by way of countersignature on it, shall intimate the fact of renewal of permit, to the Transport Authority by which the permit has been countersigned.

(7)     The Transport Authority which renews a countersignature of a permit under sub-rule (2), shall intimate the fact of renewal of countersignature to the Transport Authority by which the permit was issued.

Rule - 80. Replacement of a vehicle covered by permit.

(1)     If the holder of a permit desires at any time to replace the vehicle with another, he shall apply to the Transport Authority by which the permit is issued, in the form prescribed under rule 70, accompanied by a fee prescribed under rule 71, and shall-

(i)       if the new vehicle is in his possession, forward the certificate of registration thereof, and the permit;

(ii)      if the new vehicle is not in his possession, state any material particulars and the nature of the proposed new vehicle;

(iii)     if the vehicle covered by the permit is held under a hire-purchase, lease or hypothecation agreement, forward a no-objection certificate referred in sub-section (6) of section 51, obtained from the financier.

(2)     Upon receipt of and application under sub-rule (1), the Transport Authority may in its discretion reject the application:-

(i)       if it has prior to the application, given reasonable notice of its intention to reduce the number of transport vehicles of that class generally or in respect of the route or area to which the permit applies; or

(ii)      if the new vehicle proposed differs in material particulars and in its nature, from the old vehicle; or

(iii)     if the holder of the permit has contravened the conditions of the permit.

(3)     If the Transport Authority grants permission for the replacement of a vehicle under this rule, it shall call upon the holder of the permit to produce the permit and the certificate of registration of the new vehicle, if not previously delivered to it, and shall correct the permit accordingly and return it to the holder.

(4)     The original Transport Authority which replaces a motor vehicle on a permit may, unless any Transport Authority by which the permit has been countersigned has, by general or special resolution otherwise directed, like-wise endorse the replacement on the countersignature of the permit, and shall intimate the fact of replacement, to the Transport Authority by which the permit was countersigned.

(5)     The original Transport Authority which replaces a motor vehicle on a permit operative in any other region or regions in accordance with the provisions of rule 78, shall intimate the fact of replacement, to the Transport Authority by which the permit has been countersigned.

(6)     The original Transport Authority which replaces a motor vehicle on a permit operative in any other region or State by way of a countersignature on it, shall intimate the fact of replacement to the Transport Authority by which the permit has been countersigned.

Rule - 81. Alteration in a vehicle covered by permit.

(1)     Further to the provisions of section 52, the owner shall, at the same time as the report required by that section is made to the registering authority, forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted.

(2)     Upon receipt of a report under sub-rule (1), the Transport Authority by which the permit was granted 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 authority may specify, and, if the holder fails to comply with such requirements, suspend or cancel the permit.

Rule - 82. Change of address of permit holder.

(1)     If the holder of a permit or a countersignature ceases to reside or have his principal place of business at the address recorded in it, he shall, within fourteen days of any such change of address, intimate in the form prescribed under rule 70, accompanied by such documents as may be specified by the Transport Authority alongwith a fee prescribed under rule 71, his new address to the Transport Authority by which the permit or countersignature was granted.

(2)     On receipt of intimation under sub-rule (1), the Transport Authority may, after making such verification as it may think fit, cause the new address to be entered in the permit or countersignature as the case may be, and shall intimate the new address to the Transport Authority which granted the permit or the countersignature as the case may be, in Form T.A. COM.

(3)     Noting in sub-rule (1) shall apply where the change of address recorded in the permit is due to a temporary change not intended to exceed three month in duration.

Rule - 83. Procedure on cancellation, suspension or expiry of permit.

(1)     The holder of a permit may at any time surrender the permit to the original Transport Authority and the authority shall, forthwith cancel any permit so surrendered.

(2)     Where a Transport Authority suspends or cancels any permit granted by it, such authority shall intimate the fact of such suspension or cancellation to any Transport Authority by which the permit has been countersigned and to any Transport Authority in the region of which, the validity of such permit has been extended under rule 78.

(3)     Where a Transport Authority suspends or cancels any countersignature of a permit, such authority shall intimate the fact of such suspension or cancellation, to the Transport Authority by which the permit was granted.

(4)     Upon cancellation of any permit or a countersignature of a permit, the holder shall surrender the permit or countersignature, as the case may be, immediately the cancellation takes effect; and upon suspension, shall also surrender:-

(i)       the certificate of registration of the vehicle.

(ii)      the plates bearing the registration mark of such vehicle.

(5)     Within 3 days in case of stage carriage permit and 7 days in any other case, of the expiry of the permit by efflux of time, the holder shall deliver the permit to the Transport Authority by which it was granted, and, the authority receiving any such permit shall intimate the fact to the Transport Authority or authorities by which it was countersigned and to any Transport Authority in the region of which the validity of such permit has been extended under rule 78.

(6)     The holder of the permit shall within fifteen days of the receipt of order of suspension or cancellation of permit, intimate:-

(i)       to the Transport Authority suspending or canceling the permit, or the countersignature thereof and,

(ii)      to the Transport Authority in the region of which the validity of such permit has been extended under rule 78, the place where the vehicle in respect of which the order is passed will be kept, during the period of suspension or upon the cancellation of permit. Such holder shall not remove the vehicle from the place so intimated without the prior permission of the Regional Transport Authority in whose region the vehicle is so kept.

Rule - 84. 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 the from prescribed under rule 70, to the Transport Authority which the permit was granted, setting forth the reasons for the proposed transfer, and shall be accompanied by a fee prescribed under rule 71.

(2)     The Transport Authority may summon both the parties to the application to appear before it and may, if it deems fit, deal with the application as if it were an application for a permit, and the 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 Transport Authority may declare void any transfer of 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 Transport Authority is satisfied that any matter stated to it under sub-rule (2) of any material particular in the application, was false.

(4)     If the Transport Authority is satisfied that the transfer may properly be made, it shall call upon the holder of the permit in writing to surrender the permit within seven days of the receipt of the order.

(5)     Upon receipt of the permit, the Transport Authority shall make necessary corrections therein and shall if permit bears any countersignature, endorse the permit with the words "Transfer of permit valid for..." inserting the name of the authority by which the permit has been countersigned, with the effect from the date of transfer.

(6)     Unless the permit has been endorsed as provided in sub-rule (5), the countersignature shall be of no effect beyond the date of transfer.

(7)     Where the holder of the permit dies, the person succeeding to the possession of the vehicle covered by the permit shall make an application for transfer of permit in the form prescribed under rule 70, to the Transport Authority by which the permit was granted, alongwith the permit, the certificate in respect of deceased permit holder, and shall be accompanied by a fee prescribed under rule 71.

Rule - 85. Production of permit.

The permit shall always be kept with the vehicle and the driver or other person in charge of a vehicle shall produce the permit, on demand by any officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicle or any Police Officer not below the rank of Sub-Inspector of Police.

Rule - 86. Provision of taxi meter on motor cabs.

Deleted.

Rule - 87. Compulsory fitment of taxi meter.

Deleted.

Rule - 88. Prohibition of use of motor cab with defective meter.

Deleted.

Rule - 89. Unauthorized interference with meter.

Deleted.

Rule - 90. Approval of meters.

Deleted.

Rule - 91. Constructional requirement of meters.

Deleted.

Rule - 92. Rough test of meter before its fitment on motor tab.

Deleted.

Rule - 93. Fees, that may be charged by the testing institute.

Deleted.

Rule - 94. Location of meter on motor cab.

Deleted.

Rule - 95. Sealing of meter after road test.

Deleted.

Rule - 96. Meter repairers.

Deleted.

Rule - 97. Revocation of approval of meter.

Deleted.

Rule - 98. Licensing of agents engaged in sale of tickets.

(1)     No owner shall employ any person to act as an agent for sale of tickets for travel by public service vehicles unless that person holds a valid agent's licence.

(2)     No person under the age of 20 years shall hold an agent's licence.

(3)     No person shall hold more than one agent's licence effective in the same region.

(4)     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 to act as the agent who has been engaged in the sale of tickets to passengers for travel by such vehicle.

(5)     Application for an agent's licence shall be made to the Regional Transport Authority of the region wherein the applicant intends to carry on the business, in the form prescribed under rule 70, and shall be accompanied by three clear copies of a recent photograph of the applicant and by a fee prescribed under rule 71.

(6)     Application for the renewal of an agent's licence shall be made to the Regional Transport Authority by which the agent's licence was issued, in the form prescribed under rule 70, and shall be accompanied by a fee prescribed under rule 71.

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

(8)     The Regional Transport Authority may, for reasons to be recorded in writing, refuse to issue or renew an agent's licence or grant licence on such conditions as the Regional Transport Authority may consider fit to impose.

(9)     The Regional Transport Authority shall, while granting or renewing a licence or at any time during the validity of a licence, by order, require the licensee to furnish a security in cash, of one thousand rupees and when a licensee has furnished earlier any security in pursuance of an order passed under this sub-rule, additional security not exceeding on thousand rupees.

(10)   (i) The Regional Transport Authority may, for reasons to be recorded in writing, suspended 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. The Regional Transport Authority may order the forfeiture, in whole or in part, of the security furnished by the licensee, for contravention of any provision of this rule or for breach of any of the conditions attached to his licence.

(11)   Provided that no such forfeiture shall be ordered, unless the licensee is given an opportunity of being heard.

(12)   In the event of the forfeiture of the security, in whole or in part, the licence shall cease to be valid if the licensee fails to make payment or bring the security already furnished by him to its original value within thirty days of the receipt of the order of forfeiture.

(13)   The agent shall, on demand by any police officer in uniform not below rank of a Sub-Inspector of Police or an Inspector or Assistant Inspector of Motor Vehicles in uniform produce his agent's licence for inspection.

Explanation: For the purpose of section 93 and of this rule, persuading any person, soliciting or attempting to persuade any person to travel in a vehicle shall be deemed to be acting as an agent for the sale of tickets for travel thereby.

Rule - 99. Licensing of agents engaged in collecting, forwarding or distributing goods.

For the purposes of rule 100, 101, 102, 104 105 and 106, unless the context otherwise requires;

(a)      "agent" means any person who engages in the business of colleting, forwarding or distributing goods carried by road by goods carriages plying for hire.

(b)      "agent's licence" means a licence granted to an agent under sub-rule (3) or rule 100 for the principal establishment and includes a supplementary licence granted to such agent for any additional establishment such as, branch offices specified in such supplementary licence.

(c)      "licensing Authority" means a Regional Transport Authority 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 - 100. Grant of agent's licence.

(1)     Any person desiring to obtain an agent's licence shall make an application to the licensing authority in the form prescribed under rule 70 accompanied by a fee prescribed under rule 71.

(2)     In considering the application made under this rule, the licensing authority shall have due regard, among other things to-

(a)      the number of goods carriages if any, either owned by the applicant or under is 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 carriages 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:

Provided that the licensing authority may vary the said requirements in respect of an establishment or branch office, to be established within any municipal or cantonment area.

(3)     The licensing authority shall either grant or renew the licence including a supplementary licence for branch office if any, in the form prescribed under rule 70, 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 the licence or a supplementary licence for a branch office unless the applicant is given an opportunity of being heard and the reasons for refusal are recorded and communicated to him in writing.

(4)     The licensing authority shall, while granting or renewing a licence including any supplementary licence or at any time during the validity of a licence, by order require a licensee to furnish a security in cash of five thousand rupees, and when the licensee has furnished earlier any security in pursuance of an order passed under this sub-rule, an additional security not exceeding five thousand rupees.

(5)     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 or 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 establishments or branch offices (such as municipal house no., the nearest road, by-lane, the postal delivery district, and other land marks in the vicinity, to enable identification of the place of business duly attested by the licensing authority) shall be attached to the licence.

(6)     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 to which it refers, except when the principal licence or supplementary licence as the case may be, is forwarded to the licensing authority for effecting renewal thereof. Such licence shall be produced before any officer of he Motor Vehicles Department or any police officer not below the rank of an Sub-Inspector of Police, when required by such officer.

(7)     The agent's licence shall be not-transferable.

(8)     The agent's licence shall be valid for a period of three years 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 the supplementary licence is granted.

Rule - 101. Renewal of agent's licence.

(1)     The agent's licence may be renewed on an application made in the form prescribed under rule 70, to the licensing authority, and shall be accompanied by the licence and the fee prescribed under 71.

(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 - 102. Conditions of agent's licence.

The agent's licence shall be subject to the following conditions namely:-

(1)     The licensee shall, subject to the provisions of rule 104, provide adequate space for the parking of vehicle for the purpose of loading and unloading of goods.

(2)     The licensee shall be responsible for proper arrangement for storage of goods collected for dispatch 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, where 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 dispatch 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 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 dispatch or if this note is lost or misplaced, an indemnity bond covering the value of goods;

(e)      issue a copy of every goods transport receipt issued to the consignor or consignee 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, dispatch or delivery of goods, the registration mark of the vehicle in which goods are carried for transport and make the same available for inspection by the licensing authority or by any person duly authorized by it in this behalf;

(g)      not charge commission exceeding that which may be fixed by the licensing authority subject to the orders of the State Government, if any;

(h)     maintain proper account of the commission charged by him to every operator of goods carriages engaged by him;

(i)       maintain a weighing device in good condition and capable of weighing at a time not less than 250 kilograms;

(j)       not refuse to accept goods for transport without valid reasons and;

(k)      comply with the provisions of the rules 100, 103, 104 and this rule.

Rule - 103. Particulars to be mentioned in contract of agency.

All the 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 instruction (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 - 104. Places to be used for loading and unloading of goods etc.

(1)     The licensing authority may, in consultation with the local municipal authority or police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods carriages 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 of vehicle, for the purpose of loading or unloading goods carriages 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 a clean condition and in good state of repair;

(b)      that the premises shall be administered in an orderly manner;

(c)      that the licence shall not change the premises or mark any external alteration to it or in the parking arrangement there at, as may be likely to cause obstruction to the general traffic in the vicinity without prior approval of the licensing authority;

(d)      that the licence hall 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 matter is committed in respect of any vehicle engaged by him and which is entering or leaving or standing at such premises, namely:-

(I)      requirements that goods vehicle shall be covered by:-

(i)       valid and effective permit/countersignature for the route/area of travel;

(ii)      valid certificate of fitness;

(iii)     valid certificate of insurance; and

(iv)    proof of payment of tax under the Bombay Motor Vehicles Tax Act, 1958 and Gujarat Carriage of Goods Taxation Act, 1962.

(II)     observance of the regulations or 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 projection of load laterally, to the front, to the rear and in height;

(iv)    transport of dangerous or explosive substance or hazardous materials 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 users of roads;

(vi)    leaving vehicles in dangerous positions; and

(vii)   driving of motor vehicles by persons holding valid and effective driving licence. 

(3)     Where the licensing authority refuses to approve any premises under sub-rule (1) it shall communicate in writing the reasons for such refusal.

Rule - 105. Suspension or cancellation of agent's licence and forfeiture of security.

(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 of 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)     The licensing authority may order the forfeiture in whole or in part of the security furnished by the licensee under sub-rule (4) of rule 100 for contravention of any provision of this rule or rules 100, 103 and 104 or for breach of any of the conditions specified in rule 102 by the licensee:

Provided that no such forfeiture shall be made, unless the licensee is given an opportunity of being heard.

(4)     In the event of the forfeiture of a security deposit or part thereof, 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 - 106. Issue of duplicate permits or licences.

(1)     If a permit or a countersignature of a permit is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original Transport Authority an shall, apply for the issue of a duplicate copy thereof in the form prescribed under rule 70, along with a fee prescribed under rule 71.

(2)     If an agent's licence issued under rule 98, or under rule 100 is lost, destroyed, torn, defaced or mutilated, the holder of the licence shall forthwith report the matter to the original Transport Authority and shall, apply for the issue of a duplicate copy of licence in the from prescribed under rule 70, along with a fee prescribed under rule 71.

(3)     Upon the receipt of such report the Transport Authority shall, after making such enquires as it may think fit, if satisfied that a duplicate copy may properly be issued, issue a duplicate copy of the permit or countersignature or the licence, as the case may be, duly stamped "Duplicate" in red ink, and the seal of the Transport Authority.

(4)     Where a duplicate copy has been issued upon representation that a permit or countersignature or a licence has been lost, and the original is afterwards found or received by the holder, the holder shall immediately return the duplicate copy, to the issuing authority.

(5)     If at any time it appears to an Inspector of Motor Vehicles or to a Secretary of the Transport Authority that a permit or countersignature or a licence is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or Secretary may, by order in writing, impound it and require the holder to obtain a duplicate thereof.

Rule - 107. Appeals.

(1)     Any person aggrieved by an order of refusal of approval or of revocation of approval of taxi-meter may appeal to the State Government.

(2)     Additional Chief Secretary (Transport)/Secretary (Transport) or Joint Secretary, or Deputy Secretary to the Government in Home Department, shall hear such appeal preferred under sub-rule (1), on behalf of the Government.

(3)     Any person aggrieved by an order made under sub-rule (3) of rule 100, sub-rule (3) of rule 104, and sub-rules (1) and (3) of rule 105 may appeal to the State Transport Authority.

Rule - 108. Manner of appeal and revision.

(1)     An appeal or a revision under Chapter V of the Act shall be preferred in duplicate in the form of memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by a certified copy of that order and a fee prescribed under rule 71.

(2)     Any person preferring an appeal or a revision shall be entitled to obtain a copy of any document filed with the Regional Transport Authority or the State Transport Authority, or the Commissioner of Transport or Director of Transport as the case may be, and connected with the order against which he is preferring the appeal or the revision, on payment of a fee prescribed under rule 71.

(3)     The State Transport appellate Tribunal or any other appellate authority may give any person interested in the appeal or the revision as the case may be, a copy of any document connected with such appeal or revision, on payment of a fee prescribed under rule 71.

(4)     An appeal shall be preferred within thirty days from the date of the order:

Provided that the appellate authority may entertain an appeal against the order of revocation of approval of taxi-meter after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by good and sufficient cause from preferring the appeal in time.

Rule - 109. Procedure in appeal and revision.

(1)     After the State Transport appellate Tribunal has appointed a time and place for the hearing of an appeal under section 89 or a revision application under section 90, it shall give an intimation to the authority against whose orders the appeal or revision application is made and also to the appellant or applicant, and such appellant or applicant shall within fourteen days of the receipt of intimation forward to the State Transport Appellate Tribunal, a list of documents upon which he proposes to rely together with copies of such documents in duplicate, and may appear before the State Transport Appellate Tribunal in person or through a duly authorized representative on the appointed date and at subsequent hearings.

(2)     The other appellate authority prescribed under rule 107, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may consider necessary, may pass such orders as it thinks fit.

Rule - 110. Intimation of damage to or failure of stage carriage.

(1)     The holder of any stage carriage permit in respect of a particular vehicle by 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, any failure of, or damage to such vehicle or to any part thereof, 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, any failure of, or damage to, any vehicle used by him under the authority of the permit 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 the preceding sub-rules, the Transport Authority by which the permit was issued may, subject to the provisions of rule 80,

(i)       direct the holder of the permit within such period, not exceeding two months, from the date of the occurrence, as the authority may specify, either to mark 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 authority if 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 - 111. Stage carriage to ply on routes other than those specified in permit under special circumstances.

If in special circumstances and for reasons to be recorded in writing the authority granting the permit if so directs, the holder of the permit granted in respect of a stage carriage, shall use the 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 - 112. Maintenance of complaint books.

(1)     A bound complaint book duly ruled, paged, signed and stamped with the seal of the stage carriage permit holder, approved and countersigned by the Regional Transport Officer concerned, shall be maintained by the permit holder, in every stage carriage and also at such bus stands as my be directed by the Regional Transport Authority, to enable the 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 Stage carriage permit holder shall promptly look into every complaint recorded in the complaint book, remove the cause of the complaint or of its recurrence 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 stage carriage permit holder, to the complainant.

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

(5)     If the complaint book is lost or destroyed, the stage carriage permit holder shall within one week of such loss or destruction intimate the fact in writing to the Regional Transport Officer concerned.

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

Rule - 113. Safe custody and disposal of property left in a public service vehicle.

(1)     Where a permit holder or any responsible person receives any article under clause (f) of rule 16 or clause (o) of rule 29 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 even before the expiry of seven days.

(2)     Where during the period mentioned in the preceding sub-rule-

(a)      the article is claimed by not more than one person the permit holder may after making such inquires as he deems fit and if necessary after taking an indemnity agreement from the claimant hand over the article to the claimant;

(b)      the article is claimed by two or more than two persons, then the permit holder may hand over the same to the officer in charge of the nearest police station.

(3)     Where any article is received by an officer in charge of a police station under this rule, then the provisions of section 82 to 88 of the Bombay Police Act, 1951 (Bom. XXII of 1951) shall, so far as may be, apply to such article as they apply in relation to unclaimed property under that Act.

(4)     Nothing contained in this rule shall apply to any fleet owner in respect of whom the State Government has notified in the Official Gazette that adequate arrangements for the safe custody and disposal of lost property found in their vehicles, have been made.

Rule - 114. Determination of passenger carrying capacity of public service vehicles.

Notwithstanding anything contained in these rules, no public service vehicle other than a motor cab shall be licensed to carry a number of passengers in excess of that number obtained by subtracting 90 kilograms from the difference in kilogram between the gross vehicle weight and unladen weight of the vehicle and dividing the resulting figure-

(i)       by 60, in the case of double decked vehicle and single decked vehicle operated exclusively within the municipal and cantonment area; and

(ii)      by 70, in the case of other single decked vehicles.

Rule - 115. Conduct of persons using stage carriages.

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

(i)       obstructs any authorized employee of the permit holder in the execution of his duties, or

(ii)      has bulky luggage which obstructs, annoys, or inconveniences another passenger or is likely to do so, or

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

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

(v)      signs or plays upon any musical instrument, or

(vi)    ring 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 of standees permitted under the terms of the permit, or

(ix)    has a dress or clothing, which is likely to soil 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 any breach of the provisions of the Act or the rules made thereunder,

(xi)    the driver or the conductor may require such person to alight from the vehicle forthwith and may stop the vehicle or keep in 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 with such a requirement may be forcibly 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 also 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, or

(ii)      refuse to show any ticket on demand by any authorized person, or

(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 or

(iv)    behave in a disorderly manner, or

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

(vi)    use abusive language, or

(vii)   molest any other passenger, or

(viii)  spit, eject betel nut juice, or

(ix)    smoke, in any vehicle on which a notice prohibiting smoking is exhibited, or

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

(xi)    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, or

(xii)   enter a stage carriage without first permitting all passengers to alight in case separate exit is not provided,

(xiii)  mount the driver's platform or talk with the driver or interfere with the driving of the vehicle or otherwise distract the attention of the driver of a stage carriage while he is driving, or

(xiv)  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

(xv)   willfully damage or soil 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, or

(xvi)  board a stage carriage unless he is an employee of the permit holder, or a bona-fide passenger or an intending passenger, or hang on to any exterior part of a stage carriage, or

(xvii) 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 traveling at the terminus of the route for which it is booked, or,

(xviii)   on demand, being made by the driver or conductor or police officer or officer of the Motor Vehicles Department, 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 officer, or

(xix)  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.

(3)     If at any time a passenger or person, using a stage carriage is unable or fails to produce his ticket on demand by any authorized person, he shall be liable to pay the legal fare from the place where the stage carriage originally started or such portion thereof as may be required by that authorized person.

(4)     If at any time, a passenger in a bus occupies more than one seat either for himself or for another passenger, the driver or the conductor, if any, 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.

(5)     No passenger or person shall leave or attempt to leave a stage carriage without paying the legal fare for the journey which he has undertaken and with intent to avoid payment thereof.

(6)     Any passenger or person contravening the provisions of sub-rule (5) may be removed from the vehicle by the driver or conductor or any other person authorized in this behalf by the permit holder or on the request of the driver or conductor or any other person authorized in this behalf by the permit holder, by any police officer.

(7)     A passenger or person in or a vehicle who is reasonably suspected by the driver or conductor or any person authorized by the permit holder for the purpose of sub-rule (6), of contravening the provisions of sub-rule (5) shall on demand, give his name and address to a police officer or to the driver, conductor or such person, as the case may be,

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

Rule - 116. Conduct of passengers using motor cabs and maxi cabs.

(1)     No passenger in a motor cab or maxi cab shall-

(i)       willfully or negligently damage the cab or any of its fittings, or

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

(2)     In the case of a dispute between the driver of a motor cab or maxi-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 address along with the substance of the respective contention of both parties and shall take necessary actions according to law.

Rule - 117. Carriage of personal luggage in private service vehicles.

(1)     Not more than 25 kilograms of luggage or personal effect per occupant may be carried in a private service vehicle:

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

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

Rule - 118. Carriage of passenger's luggage in stage carriages.

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

(2)     Subject to the provisions of sub-rule (3) of rule 120 the luggage may be carried in boot, locker or compartment set aside for the purpose, but where the luggage is carried on the roof of a single decked stage carriage, adequate protection in the form of a guard rail shall be provided.

(3)     Except in the case of a stage carriage operated exclusively within municipal areas, a passenger in a stage carriage shall be entitled to carry free of charge not more than 25 kg. of luggage and personal effects.

Rule - 119. Carriage of children and infants in public service vehicles.

(1)     In relation to the number of persons that may be carried in a 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 five years of age shall not be reckoned.

(2)     Notwithstanding anything contained in sub-rule (1) for the purpose of carrying school children, excess children may be carried in a motor cab ordinarily known as an auto-rickshaw, subject to the following conditions:-

(i)       additional seating arrangements shall be made in the passenger compartment of such vehicle;

(ii)      the seat-cushions shall have plane surface and not curved surface;

(iii)     the right side opening of the passenger compartment shall be permanently sealed by a grill of such design that no limb of a child can protrude through such grill;

(iv)    the left side opening of the passenger compartment shall have a door, in the form of a grill as stated in clause

(v)      above, which can be safely bolted;

(vi)    the vehicle shall be fitted with a bulb horn and such horn shall always be in working condition;

(vii)   the vehicle shall be fitted above the front wind screen, with a board inscribed "School Auto" thereon, in red on a yellow back ground;

(viii)  no audio device, or any kind of car or motor cycle battery, shall be fitted in the vehicle;

(ix)    the vehicle shall not be driven at a speed in excess of 20 Kms. Per hour;

(x)      the vehicle shall not carry more than the number of school children as my have been permitted by the registering authority in respect of each individual vehicle depending on the seating arrangement provided in that vehicle.

(3)     Save for the purpose of carrying children to or from the school, the vehicle described in rub-rule (2) shall not carry children in excess of the number mentioned in sub-rule (1).

Rule - 120. Carriage of goods in public service vehicles.

(1)     No goods shall be carried on the top deck of a double decked stage carriage.

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

(3)     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 certain classes of goods may be so carried.

(4)     Subject to the provisions of sub-rule (3), 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 passengers in accordance with the terms of the permit is discharged.

(5)     Where goods are carried in a stage carriage in addition to passengers, the goods shall be of such 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 where in relation to a single-decked stage carriage or to the lower deck of double decked stage carriage-N is the registered passenger seating capacity of the vehicle, and X is the number of passengers carried on the vehicle or the number of the passengers for whom seats are kept free and unimpeded by goods, whichever is greater.

(7)     Where the holder of stage carriage permit uses the vehicle authorized by the permit for the carriage of goods to the detriment of the public convenience, by failing thereby to meet the demand for passenger transport, the Regional Transport Authority, may, after giving the holder of the permit 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 of the Act.

(8)     The Regional Transport Authority shall not authorize the use of contract carriage for the carriage of goods save for -

(i)       special reasons on particular occasions and subject to conditions and restrictions to be specified in the permit, or

(ii)      the carriage of the personal office or household effects of a hirer if so authorized by the permit but not the carriage of general merchandise.

(9)     Notwithstanding anything mentioned in sub-rule (8) the Regional Transport Authority may, subject to such conditions as it may think fit to impose, authorize the carriage of goods in any contract carriage, in addition to or to the exclusion of passengers:

Provided that the weight in kilograms of goods so carried shall not exceed (N-X) x 68, where N is the registered passenger seating capacity of the vehicle and X is the number of passengers actually carried in the vehicle.

Rule - 121. Carriage of corpses or persons suffering from any infectious or contagious disease, in public service vehicle and the disinfection of such vehicles.

(1)     No driver or a conductor of a stage carriage or no driver of conductor carriage 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 been suffering from any such disease: