In exercise of the powers
conferred by Sub-section (1) read with Sub-section (2) of Section 65 and clause
(xxviii) of Sub-section (2) of Section 96, read with Section 211 of the Motor
Vehicles Act, 1988 (Central Act 59 of 1988) and with reference to Haryana
Government, Transport Department, Notification No. 13/1/2015-3T(I) dated the
19th October, 2016 and 13/09/2016-6T(1) dated the 19th October, 2016, the
Governor of Haryana hereby makes the following rules further to amend the
Haryana Motor Vehicles Rules, 1993 namely:- These rules may be called Haryana
Motor Vehicles (Amendment) Rules, 2016. In the
Haryana Motor Vehicles Rules, 1993 (hereinafter called the said rules), in rule
33A-, (i) in the
explanation to fourth proviso, for the sign "." existing at the end,
the sign ":" shall be substituted; (ii) after the
explanation, the following provisos shall be added, namely:- "Provided further that a
vehicle owner having ordinary odd or even mark, in any series, wants to change
the registration mark in even or odd mark without choice of registration mark
then the vehicle owner shall have to pay a sum of Rs. 2000/- only: Provided further that a vehicle
owner having odd or even mark, in any series, wants to change the registration
mark in even or odd mark of his choice then the vehicle owner shall have to pay
a sum of Rs. 2000/- in addition to the fee chargeable under the out of turn
category: Provided further that a vehicle
owner having ordinary mark, wants to have preferential registration mark, in
any series, then the vehicle owner shall have to pay a sum of Rs. 2000/- in
addition to the prescribed fee fixed for the preferential registration mark: Provided further that a vehicle
owner having preferential registration mark, wants to change to registration
mark without choice of the same category then the vehicle owner shall have to
pay a sum of Rs. 2000/- only: Provided further that a vehicle
owner having preferential registration mark, wants to change to another
preferential registration mark of his choice, in any series, then the vehicle
owner shall have to pay a sum of Rs. 2000/- in addition to the fee chargeable
under the out of turn category. However, in case of choice of preferential
registration mark having higher fee then a vehicle owner shall have to pay the
difference of fee also: Provided further that in case,
the vehicle of a vehicle owner having preferential registration mark gets
completely damaged and is rendered in capable of being used, then the concerned
Registering Authority may on the request of the vehicle owner retain the
registration mark for six months from the date of the incident for affixation
of the same on vehicle of the owner as per the rules in force at that time.
However, after the expiry of 6 months the vehicle owner shall have no claim for
retaining the preferential registration mark". In the
said rules, after rule 86, the following rule shall be inserted, namely:- "86A.
Licencing and regulation of conduct of operator or IT-based passenger
aggregator as an agent or canvasser for soliciting customers for travel by
public service vehicles.- (1) An
application for issuing of licence shall be made in writing in Form HR No. 38A
to the State Transport Authority or any other authority authorized in this
behalf. (2) No
operator or IT-based passenger aggregator shall act as an agent or canvasser
for the registered vehicle owners in the State unless such operator or
Aggregator has obtained a licence in Form HR No. 38A-I of these rules from the
State Transport Authority or any other authority authorized in this behalf,
subject to fulfillment of the terms and conditions as mentioned in the
guidelines/instructions issued by the State Government from time to time. (3) A licence
issued under sub-rule (1) shall be valid for a period of two years from the
date of issue or renewal. (4) The fee
for granting licence and the fee for renewal of such licence shall be five
thousand rupees and two thousand five hundred rupees respectively. In case of
delay in renewal, a fine of one hundred rupees per day shall be payable subject
to the maximum of two thousand-five hundred rupees. (5) The
Aggregator shall provide a bank guarantee in favour of the Transport
Commissioner, Haryana valid for a period of two years and shall be renewed
annually before expiry thereof. Such bank guarantee shall be provided for an
amount of Rs. 10,00,000/- (Ten lacs rupees), Rs. 50,00,000/- (Fifty Lacs
rupees) and Rs. 1,00,00,000/- (One Crore rupees) if the operator or aggregator
proposes to engage up to one hundred vehicles, five hundred vehicles and more
than five hundred vehicles respectively. (6) The State
Transport Authority or an authority authorized in this behalf, may, for reasons
to be recorded in writing and after affording an opportunity of being heard to
the aggregator may decline to issue or renew a licence as per the terms and
conditions of the guidelines or directions issued by the State Government in
this behalf, from time to time. (7) The State
Transport Authority or an authority authorized in this behalf, may, for reasons
to be recorded in writing, suspend a licence used in contravention of any
condition of a permit relating to the route on which or the area in which or
the purpose for which the vehicle may be used and shall be punishable with a
fine of two thousand rupees and in case of subsequent offence, shall be
punishable with imprisonment which may extend to one year but shall not be less
than three months or with fine which may extend to ten thousand rupees but
shall not be less than five thousand rupees or with both and for any subsequent
offence forfeiture of Bank Guarantee submitted under sub-rule (5) after giving
fifteen days notice and an opportunity of being heard. (8) On a
licence being suspended, cancelled, or not renewed, it shall be surrendered
forthwith to the State Transport Authority or an authority authorized in this
behalf, which issued the licence. (9) The
Aggregator shall be responsible to adopt/make all suitable measures in order to
have connectivity with the driver of the vehicle having valid vehicle permit
and driving licence. (10) The
directions or guidelines issued by the State Transport Authority for regulating
the conduct of operator or IT-based Passenger Aggregator as an agent or canvasser
for soliciting customers for travel by public service vehicles, shall be
binding on the licensed operator or IT-based Passenger Aggregator. The operator
or IT-based Passenger Aggregator and driver or owner of the vehicle shall be
equally liable for criminal action in case of misconduct/criminal act by the
driver while transporting the passengers. Explanation.- For the purpose of
this rule, "Aggregator means a company registered under the Companies Act,
2013 (Central Act, 18 of 2013) and firm/society registered under the Haryana
Registration and Regulation of Societies Act, 2012 (1 of 2012) for canvassing
or soliciting a passenger to online/digitally connect with the valid permit
holder of any contract carriage or his driver, having valid driving licence,
and includes a transportation service provider if it applies its own brand as a
means of transport and it seeks to make available on its platform.". In the said rules, after Form 38,
the following Forms shall be inserted, namely:- HARYANA MOTOR VEHICLES (AMENDMENT) RULES,
2016
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