MADHYA PRADESH AGGREGATOR FOR THE HIRE OF MAXI CAB, MOTOR CAB, AUTO RICKSHAW AND MOTOR CYCLE RULES, 2017

 

PREAMBLE

In exercise of the powers conferred by section 75, sub-section (1) of section 85, section 93, sub-section (1) of section 95 and clause (xxviii) of sub section (2) of section 96 of the Motor Vehicles Act, 1988 (No. 59 of 1988), the State Government, hereby, makes the following Madhya Pradesh Aggregator For the Hire of Maxi cab, motor cab, Auto rickshaw and Motor Cycle Rules, the having been previously published by sub-section (1) of section 212 of the said Act, namely:-

Rule - 1. Short title, commencement and Application.

(1)     These, rules may be called the Madhya Pradesh Aggregator For the Hire of Maxi cab, motor cab, Auto rickshaw and motor cycle Rules, 2017.

(2)     These rules shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.

(3)     These rules shall be applicable in the whole State of Madhya Pradesh.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

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

(b)      "Aggregator" means a digital intermediary for a passenger to connect with a driver for the purposes of transportation;

(c)      "Fleet" means number of vehicles either owned or attached through an agreement by licensee.

(d)      "Licence" means a licence granted or renewed under rule 6;

(e)      "Licensing Authority" means the Regional Transport Authority constituted under sub-section (1) of section 68 of the Act;

(f)       "Lincensee" means an aggregator who holds licence issued under these rules.

(2)     Words and expressions used in these Rules but not defined herein shall have the same meaning as respectively assigned to them in the Act and the rules made there under.

Rule - 3. Licensing of aggregator for the hire of maxi cab, motor cab auto rickshaw or motor cycle.

No person shall engage himself as an aggregator for the hire of maxi cab, motor cab, auto rickshaw or motor cycle without a licence issued under these rules.

Rule - 4. Application for grant or renewal of licence.

(1)     An application for grant or renewal of licence under rule 6 shall be made in Form 1 accompanied with fee specified in Schedule-1, to Licensing Authority which licensee shall carry business under these rules.

(2)     Separate application shall be made for grant or renewal of licence under rule 6 for motor cab, auto rickshaw and motor cycle category.

(3)     Separate application shall be made for grant or renewal of licence under rule 6 for each city.

Rule - 5. Scrutiny of applications.

(1)     The applicant shall be a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a company registered under the Companies Act, 2013 (18 of 2013).

(2)     The applicant shall have a registered office in the city for which the licence is applied and details of its headquarter including telephone number, e-mail ID and details of office- in-charge are provided in the application.

(3)     Applicant shall have minimum 25 vehicles of the category mentioned in application either owned or attached through an agreement.

Rule - 6. Grant of licence.

The licensing authority may, on receipt of an application under rule 4 and after satisfying himself that the applicant has complied with the requirements of rule 5, shall grant or renew licence in Form-2:

Provided that no application for a licence shall be refused by licensing authority unless the applicant is given an opportunity of being heard and reasons of such refusal are given in writing by the licensing authority.

Rule - 7. Security deposits.

The applicant for a licence under these rules shall furnish security by way of performance guarantee of rupees ten lac for licence of motor cab, rupees two lac for licence of auto rickshaw and rupees one lac for licence of motor cycle of the motor cycle drawn in favour of the licensing authority and performance guarantee furnished shall be effective till the validity of licence.

Rule - 8. Duration of licence.

A licence granted or renewed under rule 6 shall be valid for a period of two years from the date of grant or renewal.

Rule - 9. Renewal of licence.

(1)     An application for renewal of licence shall be made to Licensing Authority within sixty days prior to the expiry of licence and shall be accompanied with original licence and fee specified in Schedule-1

(2)     Notwithstanding anything contained in sub-rule (1), the Licensing Authority may entertain an application for renewal of licence after the date of expiry of such licence if it is satisfied that the applicant was restrained by good and sufficient cause from making an application within the time specified. In such case Licensing Authority may renew licence by charging late fee of Rs. 5000/- per month or part thereof from the date of expiry of such licence, in addition to fee specified in Schedule-1 and such renewal shall have effect from the date of such expiry.

Rule - 10. Issue of duplicate licence

If at any time the licence issued under these rules is lost, destroyed or defaced, the licensee shall forth with apply to the licensing authority for the issue of duplicate licence in Form-3 accompanied with the fee as specified in schedule-1. Upon the receipt of such application the licensing authority shall issue duplicate licence stamped 'Duplicate' with red ink. If the duplicate licence is issued on a representation that the licence originally granted has been lost and the original licence has been subsequently found, the duplicate licence shall be surrendered to the licensing authority.

Rule - 11. General conditions to be observed by the holder of licence.

(1)     The licensee shall abide by alt relevant statutes as may be applicable including the Motor Vehicles Act, 1988 and the Information Technology Act, 2000 and the rules made there under.

(2)     The licensee shall work as an aggregator through a web portal or app, details of which shall be provided to the concerned licensing authority and Traffic police.

(3)     The licensee shall maintain a web portal or app in which all updated details of licence, registration number, address, e-mail ID and contact details of its head office and local office, name of the company/firm shall be made available.

(4)     Licensee shall maintain the updated MIS report of the fleet as specified in Form-4 and it shall be provided to the Licensing Authority and traffic police as per requirement.

(5)     The licensee shall maintain a MIS report specified in Form-5 on its web portal of each trip aggregated for hire and which shall be accessible by licensing authority and traffic police with facility of being download in excel format at any time.

(6)     The licensee shall maintain internet enabled application platform or digital based application platform, to be accessed by the passenger which shall display the following information for the passenger-

(a)      the photo of the driver;

(b)      name of the driver, license number, category of the vehicle, validity of licence and mobile number of driver;

(c)      the photograph of the vehicle;

(d)      registration number of the vehicle, validity of fitness certificate, validity of insurance certificate, validity of licence and the area for which the licence is valid;

(e)      the applicable fare.

(7)     The licensee shall develop and include a feature in its mobile application that provides the passenger a facility to share their real time location with the people within their safety network and to contact local police in case of an emergency.

(8)     Fare charges for any vehicle operating under these rules shall be prescribed by State Government.

(9)     The licensee shall ensure that at the end of every journey, a bill showing the distance travelled, graph of rout followed, unit rate fare along with taxes is generated and be sent to the passenger through e-mail or any other electronic means.

(10)   If the licensee cancelled the call of the rider after accepting it, then penalty of Rs. 1000/- will be imposed to concerned licensee.

(11)   The passenger must have the option to submit their grievances on difficulties faced during the travel via the mobile app or telephone number. The licensee is liable to resolve the grievance and inform the passenger within fifteen days.

(12)   The licensee shall be responsible for quality of drivers, their police verification and their behaviour with the passengers. The licensee shall also ensure that the drivers are safe, faithful and reliable.

(13)   The licensee shall develop such facility in its application that only those vehicles are aggregated under these rules which are validly registered and which have valid certificate of fitness, insurance, pollution control, valid permit and the driver have valid license for driving particular class of vehicle.

(14)   Any vehicle operating under these rules shall meet the emission standards as prescribed by the Government from time to time. Vehicles are being operated under diesel category shall be allowed to ply until such time the vehicle's permit expires by efflux of time. The licensee shall endeavour to on-board vehicles driven on clean fuel i.e. unleaded petrol or CNG.

(15)   Any vehicle operating under these rules shall have either fitted in vehicle or separately operating in mobile application of the driver of the vehicle, GPS/GPRS based tracking device showing the path travelled and total distance covered. The device shall be in constant communication with the control room of the licensee while the taxi is on hire. The licensee shall at all times have the ability to track centrally the real time location of the vehicles registered with on the licensee's on demand transportation technology platform.

Vehicle should be provided with the location tracking or the global positioning system, shall comply with the specification as laid down by the licensing authority from time to time and shall, be integrated with control and command centre of the licensing authority as when required to track speed etc.

(16)   Every vehicle operating under these rules shall be equipped with panic button which is easily accessible to the passenger.

(17)   The details containing the photograph of the driver licence number, registration mark of the vehicle etc. shall be displayed prominently inside the vehicle, so that the same is directly visible to the passenger, these details shall also be made visible on the app and on the invoices issued to the customer.

(18)   Helpline numbers of RTO, Police and Women's Help line shall be prominently displayed inside the vehicle.

(19)   No tinted glass or curtains or films shall be affixed on the vehicle.

(20)   Colour shall be specified by the State Government.

(21)   Vehicles being operated under All India Tourist Permits issued under sub-section (9) of section 88 of the Motor Vehicle Act shall be allowed to ply until such time the vehicle's permit expires by efflux of time.

(22)   In contravention of the authorised area in the permit, the licensee shall not be allowed to operate of any vehicles and if the vehicle is found at any time to contravention of the conditions of the vehicles of the permit, then the licensee shall give report of such contravention as for as possible, name of the driver, date of the transportation and full details of time and routes to the Licensing Authority.

(23)   If the licensee uses or cause to be used or allows a vehicle to be used in any manner not authorized by permit or provision mentioned herein, the licensee and the driver shall be jointly and severally responsible for any injury, harm, offence or crime committed by any person including the driver.

(24)   Along with license there should be provision of badge so that driver operating light commercial vehicle could be identified.

(25)   The driver shall be of good moral character without any criminal record. Any person who has been convicted within the past seven years of driving under the influence of drugs or alcohol, or has been convicted at any time for any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property dispute and/or theft, acts of violence or acts of terror shall not be engaged by the licensee.

(26)   The licensee shall endeavor to hire as many women drivers as may be feasible.

(27)   For safety of women, the central locking system in the vehicle should not be allowed.

(28)   The licensee shall develop such facility in its app that wallet to be made by the licensee, Licensing authority can regulate and control.

(29)   The licensee shall maintain web portal in pursuance of. all vehicles given on hire. In the website updated details of complaint, suggestion and decision on complaints and proceedings in respect of suggestion.

(30)   The licensee shall keep all personal information received from the consumers confidential and safe as per provision of rule, in case of any information are misused or leak then the licensee shall responsible.

Rule - 12. Power of licensing authority to suspend or cancel licence.

(1)     The licensing authority may, after giving an opportunity of being heard to the licensee, suspend or cancel the licence, if-

(a)      The licensee has failed to comply with any of the terms and conditions of these rules; or

(b)      an employee of licensee or driver of vehicle attached to the licensee is guilty of any misbehavior or misconduct with any passenger; or

(c)      any complaint against the licensee by any passenger has been proved beyond reasonable doubt the licensing authority may suspend the licence for a specified period or cancel the license.

(2)     Where the licence is liable to be cancelled or suspended and the licensing authority is of the opinion that having regard to the circumstances of the case, it would not be necessary or expedient to cancel or suspend the license, and if the holder of the license agrees to pay a fine which may be imposed by the licensing authority, then notwithstanding anything contained hereinabove, the licensing authority may instead of suspending or cancelling the license, as the case may be, recover the amount from the holder of the license the said fine.

(3)     For the purpose of recovery of sums of money agreed upon, the State Government may, by notification in the official gazette, specify the amount recoverable for suspension and amount recoverable in lieu of cancellation of licence.

(4)     When the licence is suspended or cancelled under sub rule (1), the holder of the licence shall surrender the licence to the Licensing Authority.

Rule - 13. Appeal.

The licensee aggrieved by any order of the Licensing Authority under rule 6 or 12, may within thirty days of the receipt of order, make an appeal to the Transport Commissioner, Madhya Pradesh.

Rule - 14. Procedure for appeal.

(1)     An appeal under rule 13 shall be preferred in duplicate in the form of memorandum setting forth the ground of objections to the order of Licensing Authority and shall be accompanied by a fee specified in schedule-1.

Rule - 15. Miscellaneous.

(1)     The holder of a licence shall-

(a)      intimate any shifting of his office to the Licensing Authority;

(b)      keep the premises and all the records maintained open for inspection at all reasonable times by the Licensing Authority or officers authorised by them;

(c)      submit from time to time to the department such information and return as may be called for;

(d)      display the licence at a prominent place in its office and on its web portal,

(2)     The licensee may at any time surrender the licence by prior intimation of three months and on surrender the Licensing Authority shall cancel the licence, The holder of the licensee shall clear all dues before surrendering the licence, failing which licence shall be deemed to be cancelled and the bank guarantee shall be forfeited,

(3)     The licensee shall undertake to indemnity and protect to Licensing authority, and from the Government and against him all actions, proceedings, losses, costs, damages, charges, claims and demands of any nature and description brought against the Licensing Authority and Government by reason of any act or omission of the licensee, his agents or employees or during the validity of the licence or in the guarding of the same.

(4)     The jurisdiction for settlement of any dispute between the aggregator and the State Government through the courts under these rules shall be at the headquarter of the Licensing Authority.

 

Schedule-1

(1)     Fee for grant or renewal of licence.-

(2)     Fee for issue of duplicate licence.-

(3)     Fee for appeal under rule-13