MAHARASHTRA MOTOR VEHICLES RULES, 1989

PREAMBLE

[1]In exercise of the powers conferred by Sections 26, 28, 38, 65, 107, 111, 138, 159, 176 and 213 of the Motor Vehicles Act, 1988 (59 of 1988) (hereinafter referred to as "the said Act"), read with Section 22 of the General Clauses Act, 1897, and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes, the following rules, the same having been previously published as required by sub-section (1) of Section 212 of the said Act, namely:

CHAPTER I PRELIMINARY

Rule - 1. Short title and application.

(1)     These rules may be called the Maharashtra 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 Maharashtra.

Rule - 2. Definitions.

(1)     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)      "Form" means a form set-forth in the rules framed by the Central Government under the Act or to these rules;

(d)      "Inspector of Motor Vehicles" means any officer appointed by the State Government to perform the functions of an Inspector of Motor Vehicles under the Act, these rules and the rules framed by the Central Government;

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

(f)       "Regional Transport Officer" means any officer appointed by the State Government for any area to perform the functions of a Regional Transport Officer under these rules and the rules framed by the Central Government and includes an Assistant Regional Transport Officer appointed by the State Government for such area as may be specified in that behalf.

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

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

(i)       "stamp" includes a motor vehicle fees stamp;

(j)       "State" means the State of Maharashtra.

(k)      "Superintendent of Stamp" means the Superintendent of stamp, Bombay and includes any other officer appointed by the State Government to perform the functions of Superintendent of Stamp;

(l)       "Transport Commissioner" means any officer appointed by the State Government to perform the functions of the Transport Commissioner, Maharashtra State, under these rules and the rules made by the Central Government under the Act and includes a Joint Transport Commissioner, Deputy Transport Commissioner or Assistant Transport Commissioner;

(m)    "Treasury Officer" means a Treasury Officer or Additional Treasury Officer appointed by the State Government to perform the functions of the Treasury Officer.

(2)     Words and expression used in these rules but not defined shall have the meaning respectively assigned to them in the Act.

CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Rule - [3. Licensing Authorities.

The Licensing Authority shall be,

(a)      For Brihan Mumbai, the Regional Transport Officer, having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b)      In the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c)      In the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d)      In the Pune region, for the Districts of Pune and Solapur, the Regional Transport Officer, Pune;

(e)      In the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f)       In the Dhule region, for the Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g)      In the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h)     In the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i)       In the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j)       In the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha Districts, the Regional Transport Officer, Nagpur (City);

(k)      In the Nagpur (Rural), region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).][2]

Rule - 4. Authorisation to drive public service vehicle.

(1)     No person shall drive a pubic service vehicle unless an authorisation in the from prescribed by the Central Government has been granted.

(2)     Subject to the provisions of sub-rule (3), a holder of driving licence may at any time apply to the licensing authority [3][in Form L.P.S.A. of the First Schedule along with a certificate obtained from the Competent Authority in the Forms S.E.C. of the First Schedule] for the grant of the aforesaid authorisation and shall forward his driving licence with such application.

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

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

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

(6)     Where a person holding an authorisation to drive a public service vehicle makes an application for its renewal, then he shall, if so required by the licensing authority, submit himself to medical examination to such registered medical practitioner as the State Government or the Transport Commissioner authorised by the State Government, specifies in this behalf and shall obtain certificate in the form prescribed by the Central Government from such notified medical practitioner on payment of a fee of twenty rupees and forward it to the licensing authority together with the driving licence.

(7)     If the licensing authority on considering the certificate received by him under sub-rule (6) is of opinion that the applicant is suffering from a disease which makes driving of a public service vehicle by him undesirable, it may refuse to renew the authorisation applied for.

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

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

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

Rule - [5-A. Additional evidence as to the correctness of address and age.

In the absence of the documents prescribed under Rule 4 of the Central Motor Vehicles Rules, 1989, every applicant for the issue of a driving licence shall produce additional any one or more of the following documents in original or relevant extracts thereof duly attested by a Gazetted Officer of the Central Government or of a State Government or an officer of a local body, who is equivalent in rank of a Gazetted Officer of the Government or Village Administration Officer or Municipal Corporation, Councillor or Panchayat President, as additional evidence of his address and age, namely:

(a)      Income Tax PAN Card;

(b)      Domicile Certificate issued by the Competent Authority;

(c)      post paid bill of applicant's mobile telephone;

(d)      applicant's telephone bill and if, he has no telephone, then the affidavit sworn by the head of the family, who hold the telephone and the applicant has blood relation with him;

Explanation. For the purpose of this rule, blood relation means the relation of patriarchal grandfather and grandmother, father, mother, son, daughter, brother, sister, wife, husband and daughter-in-law.][4]

Rule - 6. Exemption of driver of road-roller.

Sub-section (1) of Section 3 of the Act shall not apply to the driver of road-roller.

Rule - 7. Testing Officers.

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

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

Provided further that, where an applicant is 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-General of the Home Guards, or a Commandant of the Home Guards under whose control the applicant is serving if such Commandant, is with the previous approval of the State Government, authorised by name in this behalf by the Commandant-General aforesaid.

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

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

(a)      is employed in the service of the State Government for driving a motor vehicle; or

(b)      is an ex-service person of Armed Forces, and produces a certificate of proficiency in driving a motor vehicle from an Officer in the Armed Forces of the Union; or

(c)      has been exempted by special or general order of the State Government.

(4)     Where an applicant has passed the test of competence to drive the motor vehicles, he shall, on the same day, or within a week thereof, pay to the licensing authority a fee as specified in the rules made by the Central Government:

Provided that, the applicant, unless he shows sufficient reasons for not paying the said sum within a week, shall be liable to pass a fresh test of competence.

Rule - 8. Appellate Authority.

(1)     The Authority prescribed under sub-section (8) of Section 9 and sub-section (2) of Section 17 to hear appeals against any order made tinder any of the aforesaid provisions of [5][x x] shall be the Transport Commissioner. The appellate authority empowered under sub-section (3) of Section 19 to hear appeals against any order made under sub-section (1) of Section 19 shall be the Transport Commissioner.

(2)     An appeal to any prescribed authority or appellate authority under this rule shall be made within thirty days of the receipt by him of the order appealed against.

Rule - 9. Conduct and hearing of appeals.

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

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

(3)     The appellate authority, may give the parties copies of any document concerned with the appeal on payment of a fee calculated at the rate of [6][fifteen rupees] for the first page and [7][three rupees] for each additional page of each copy of each document.

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

Rule - 10. Requirements as to photograph on driving licence.

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

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

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

Provided that, if the holder of the driving licence so desires, the licensing authority shall issue a duplicate driving licence on payment of a fee of, [8][hundred] rupees with the new photograph affixed thereto and shall destroy the original driving licence. In such a case if the licensing authority is not the authority by whom the driving licence was issued he shall inform the original licensing authority.

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

Rule - 11. Lost or destroyed driving licence.

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

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

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

(3)     When a duplicate driving licence is required to be issued under the provisions of these rules, the holder of the driving licenses shall furnish to the licensing authority, two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate driving license and the other shall be transmitted by the authority issuing the duplicate driving licence to the authority by whom the driving licence was issued, and intimated that fact to that authority.

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

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

Rule - 12. Defaced or torn driving licence.

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

(2)     If a driving licence impounded as aforesaid, is required to have a photograph of the holder affixed thereto, then,

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

(ii)      where the photograph on the impounded driving licence is not in the opinion of the licensing authority such as can be transferred to the duplicate driving licence the holder of the driving licence, shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate driving licences and sealed and the other shall be retained by the licensing authority by whom the driving licence was issued.

Rule - 13. Issue of duplicate driving licences.

(1)     Where a duplicate driving licence is issued under Rules, 10, 11, or 12, it shall be clearly stamped "Duplicate" in red and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

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

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

(4)     [9][The fee for a duplicate driving licence issued under Rules 10, 11 or 12, shall be as follows namely:

(a)      Laminated card type driving licence in Form 7........ [10][Rs. 200] of the Central Motor Vehicles Rules, 1989.

(b)      Other than laminated card type driving licence........[11][Rs. 50].

Rule - [13-A. Manner of delivery of Driving Licence.

(a)      On and from the date specified by an order issued in this by Transport Commissioner, every driving licence issued, either fresh or renewed, duplicate thereof, or issued as a consequence of any change in the details of such license, shall be delivered by Registered Post Acknowledgment Due (RPAD) to the license holder, at the address specified on such license,

(b)      different dates may be specified for different offices for the purpose; and

(c)      a fee of Rs. 50 shall be recovered towards the delivery charges from the applicant per driving license so delivered under Clause (a) above, in advance.][12]

Rule - 14. Temporary authorisation in lieu of driving licence.

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

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

Rule - 15. Intimation of disqualification.

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

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

Rule - 16. Intimation to original authority of renewals and endorsements.

(1)     A licensing authority making addition in the classes of motor vehicle under Section 11 of the Act which, a driving licence authorises the holder to drive, shall if it is not the authority by whom the driving licence was issued, inform of such addition to that authority in Form L. Ad. to these rules.

(2)     A licensing authority renewing a driving licence shall, as required by the provision of sub-section (6) of Section 15 inform of such renewal to the licensing authority by whom the driving licence was issued in Form L.R. to these rules.

(3)     The Court making or causing to be made an endorsement on a driving licence under Section 24 shall send intimation in Form L.E. of the First Schedule to these rules to the licensing authority by whom the driving licence was issued and to the licensing authority by whom it was last renewed.

Rule - 17. Certificates by Automobile Association in lieu of driving test.

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

(a)      The Automobile Association of Bengal,

(b)      The Automobile Association of Northern India,

(c)      The Automobile Association of Southern India,

(d)      The United Provinces Automobile Association,

(e)      The Western India Automobile Association,

(f)       The Deccan Indian Automobile Association, Hyderabad Deccan.

Rule - 18. Report of change of address of driving licence holder.

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

Rule - 19. Certain persons to be exempted from driving licence fees.

No fee shall be charged:

(a)      for the issue of renewal of a driving licence or of a learner's driving licence:

(i)       to person employed in the service of Government for driving a motor vehicle; or

(ii)      to such Foreign Consular Officer de Carrier, or to such class of persons as the State Government may by a general or special order specify in this behalf;

(b)      for the issue of renewal of a driving licence to an ex-service person of Armed Forces holding a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union.

Rule - 20. Duties, functions and conduct of drivers of public service vehicles.

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

(i)       shall not cause or allow any person animal or thing to be in the space reserved for the driver's seat in accordance with Rule 175 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle:

(ii)      shall not shout in order to attract a passenger;

(iii)     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 a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

(iv)    shall not when bringing his vehicle to rest for the purpose of picking up or setting down any passenger at rest for the said purpose, drive the vehicle so as to endanger, inconvenience or interfere with the driver or the conductor of the other vehicle or any person mounting or preparing to mount person or alighting therefrom, and shall bring his vehicle to rest in front or behind the other vehicle and on the left hand side of the road or place;

(v)      shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof, is in defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel-filing station on the route;

(vi)    shall not smoke while on duty;

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

(viii)  shall wear Khaki shirt or bush-shirt and Khaki trousers and shall be cleanly dressed:

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:

[13][Provided further that, the State Government on considering any special reasons may, by order in the Official Gazette, allow drivers of such vehicles to wear any special uniform as may be specified in such order, other than the uniform specified in this clause.]

(ix)    while on duty, the driver shall display his badge on his left chest and above the badge a plastic name plate indicating his initial and surname in Marathi in transparent letters on black background. The plastic name plate shall be of the size of 9 cm. x 2 cm.

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

(xi)    shall not solicit customer save in a civil and quiet manner;

(xii)   shall not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time-table pertaining to the vehicle or, where there is no such time-table, with all reasonable despatch;

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

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

(xv)   shall, if at any time the authorization of his licence entitling him to drive a stage carriage or contract carriage (other than motor cab) is suspended or revoked by any authority or by any Court or ceases to be valid due to efflux of time, Surrender the badge within seven days to the authority by which it was issued; and

(xvi)  shall, on demand by any police officer in uniform or any officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles, produce his driving licence for inspection:

Provided that, if at the time his driving licence is demanded and he is displaying the badge prescribed in Rule 24, it shall be sufficient compliance with this sub-rule if he produces the driving licence within 48 hours at any Police Station in the State which specifies the Police Officer or the Inspector of Motor Vehicles as the case may be, making the demand;

(xvii) shall ensure that no passenger is seated in the vehicle and that the engine is not in motion, when the same is being filled with fuel;

(xviii)   shall, whenever the vehicle approaches an unguarded level crossing, cause it to be stopped, and after ensuring that no train is approaching from either direction, drive the vehicle behind the conductor till the other side of level crossing is reached;

(xix)  shall, in case of accident of the vehicle, assist the passengers and should make arrangement of the injured passengers to the nearest hospital and also shall give immediate information or arrange to give information about the accident to the nearest hospital.

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

[14][(2-A) The driver of a contract carriage and in case of stage carriage in the absence of a conductor or where a conduct on duty for reasons beyond his control cannot perform his duties, shall cause the personal luggage or cargo, suspected to be containing substances of dangerous or flammable nature, or explosives, to be inspected under the supervision of the Officer or Stand-in-charge of Bus Station of the Maharashtra State Road Transport Corporation or any Police Officer in uniform or any Officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicle].

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

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

(5)     Where a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a contract carriage or a stage carriage, the driver of the vehicle shall be responsible to report the fact of such carriage to the medical officer-in-charge of the nearest hospital, Zilla Parishad, Panchayat Samiti or Government Dispensary, and to the owner of the vehicle; and either the owner or the driver shall cause or allow any person to use the vehicle until the driver and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

Rule - 21. Rules for conduct and duties of drivers of motor cabs.

(1)     The drivers of the first two motor cabs on any stand shall always stay near their cabs which shall be ready for immediate hiring by any person.

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

(3)     Every cab shall be kept with front wheels straight at a distance of not less than thirty centimetres from the cab immediately in front of it and where the stand is by the side of a kerb, parallel to and not more than thirty centimetres from the kerb.

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

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

(6)     No driver sail prevent or attempt to prevent the first cab on the stand from being hired.

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

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

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

(10)   No driver of a motor cab shall carry a cleaner or other attendant unless permitted specifically to do so by the Regional Transport Authority on such conditions as may be specified by it.

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

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

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

(14)   A driver of a motor cab shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filing station on the route.

(15)   No driver of a motor cab shall solicit a customer except in a civil and quiet manner; nor shall he in any way interfere with any person boarding or preparing to board another vehicle.

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

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

(18)   [15][A driver of a motor cab or a permit holder when himself drives the motor cab, shall wear clean khaki shirt or bush shirt and khaki trousers. A driver of motor cab or permit holder when himself driving a motor cab shall display, a laminated identity card as illustrated in the Second Schedule to these rules, on the right side of the chest, issued by the licensing authority on payment of rupees fifty:

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

[16][(18-A) If the identity card is lost or destroyed, a duplicate identity card shall be issued by the licensing authority by which it was issued on an application made in form D.I.D. of the First Schedule to these rules accompanied by a fee of twenty-five rupees. In case the original identity card is later found, upon the return to the issuing authority of the duplicate identity card, the driver of the motor cab or a permit holder, as the case may be, shall been entitled to a refund of twenty-five rupees. In case of suspension or revocation of driving licence by an authority or by any Court or ceases to be valid due to efflux of time, the driver or the permit holder, as the case may be, shall, within seven days of such suspension or revocation, surrender the identity card held by him to the authority by whom the same were suspended.]

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

(20)   No driver of a motor cab shall allow any person to be carried in any motor cab in excess of the seating capacity specified in the certificate of registration of the vehicle.

(21)   [17][A driver of a motor cab shall not hold more than one laminated identity card issued by the licencing authority.]

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

(23)   No driver of a motor cab shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.

(24)   Notwithstanding the provisions of sub-rule (23), the driver may upon application in writing by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a motor cab, provided that no other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

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

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

(27)   The owner of a motor cab shall maintain and on demand by an officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles or a Police Officer, produce for inspection a current register showing the dates on which the motor cab was disinfected from time to time, and shall also satisfy him that a mechanical spray which shall be used for the purpose of such disinfection is in working order.

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

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

(30)   The driver of a motor cab shall not, without the approval of its owner permit any other person to drive the vehicle.

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

Rule - 22. Additional rules for drivers of motor cars fitted with taxi-meters.

In addition to the rules specified in Rule 21,

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

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

(b)      if the driver of any motor cab fitted with a taxi-meter which is hired by any person is unable to proceed owing to any defect in the mechanism or the tyres of the cab, he shall at once lower the flag to "stopped" position and shall not re-start his meter until such time as the defect is remedied;

(c)      no driver shall cover or obscure the face of a taxi-meter under any circumstances or at any time; and

(d)      no driver shall without reasonable excuse refuse to let the cab for hire when the flag is in a vertical position.

Rule - 23. Conduct of drivers of goods vehicles.

The driver of a goods vehicle,

(1)     shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat in accordance with Rule 175 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;

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

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

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

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

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

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

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

(9)     the driver of the goods vehicle on demand by any Police Officer not below the rank of Sub-Inspector of Police or any Officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles shall produce all relevant documents of the vehicle for inspection.

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

[18][(1) A metal badge shall be issued to every person who has been granted an authorisation to drive a public service vehicle except motor cab, subject to the condition that he satisfies the authority about his topographical knowledge of the area of operation and working knowledge of Marathi and any one of the languages commonly spoken there. The badge shall be in the form illustrated in the Second Schedule of these rules. The metal badge shall be circular in shape and shall contain the name of the head-quarter of the authority which has granted the authorisation, the category of the motor vehicle and an identification number, inscribed thereon.

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

Provided that, the driver of a luxury cab and a tourist cab shall display badges bearing the letters "LCD" and "TCD", respectively.]

(3) The fee for the issue of a badge as aforesaid shall be ten rupees. If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which it was issued on an application made in Form D.T.V.B. of the First Schedule to these rules accompanied by a fee of [19][One hundred] rupees. In case the original badge is later found, upon the return to the issuing authority of the duplicate badge, the driver shall be entitled to a refund of [20][Twenty five] rupees.

(4) When an authorisation on a driver's driving licence entitling him to drive a public service vehicle is suspended or revoked by an authority or by any Court or ceases to be valid due to efflux of time, the driver shall, within seven days of such suspension or revocation, surrender the badge or badges held by him to the authority by whom [21][the same were suspended].

Rule - 25. Maintenance of State Register of Driving Licences.

(1)     Every licensing authority shall maintain the State Register of Driving Licences in the Form prescribed by the Central Government.

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

(3)     The State Register shall be either a bound book or on a computer disc or tape.

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

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

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

(6)     The licensing authority shall maintain a separate register for the persons who are above sixteen years and below eighteen years and authorised to drive a vehicle without gear.

CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIERS

Rule - [26. Licensing authority.

The Licensing Authority for the purposes of Chapter III of the Act, shall be,

(a)      for Brihan Mumbai, the Regional Transport Officers having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b)      in the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c)      in the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d)      in the Pune region, for the Districts of Pune and Solapur the Regional Transport Officer, Pune;

(e)      in the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f)       in the Dhule region, for Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g)      in the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h)     in the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i)       in the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j)       in the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha Districts, the Regional Transport Officer, Nagpur (City);

(k)      in the Nagpur (Rural) region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).][22]

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

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

(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, subject to the following conditions, namely:

(a)      he intimates his intention to do so to the licensing authority within whose jurisdiction he intends to act as a conductor in Form L. Con. Int. of the First Schedule to these rules;

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

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

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

(1)     An application for a conductor's licence as required by sub-section (1) of Section 30 shall be made in Form L. Con. A of the First Schedule to these rules and shall be accompanied by a medical certificate from a Medical Practitioner authorised by the Transport Commissioner to issue such certificate, in Form M.C. Con. of the First Schedule to these rules and the fees provided under sub-section (5) of Section 30.

(2)     Upon the receipt of an application for a conductor's licence, the licensing authority on making such enquiries as may reasonably be necessary to establish the identity of the applicant and on ascertaining that the applicant is not disqualified under Section 31 of the Act for holding or obtaining a conductor's licence, may issue such licence in Form L. Con. of the First Schedule to these rules for a period of three years.

Rule - 29. Qualification for grant of conductor's licence.

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

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

(ii)      he possesses a good moral character; and

(iii)     he has passed Secondary School Certificate examination or an equivalent or higher examination and possesses working knowledge of the language or languages of the area in which he intends to work as a conductor:

Provided that, clause (iii) shall not apply to persons who have obtained conductor's licence before the date of coming into force of the Maharashtra Motor Vehicles Rules, 1989.

Rule - 30. Change of residence.

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

Rule - 31. Renewal of conductor's licence.

(1)     An application for the renewal of a conductor's licence shall be made in Form L. Con. R. of the First Schedule to these rules and shall be accompanied by conductor's licence, and the fees provided for in sub-section (5) of Section 30.

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

(3)     A licensing authority renewing conductor's licence shall intimate the fact of renewal in Form L. Con. RR. of the First Schedule to these rules to the licensing authority by whom the licence was issued.

Rule - 32. Appellate Authority.

(1)     The authority empowered under subsection (2) of Section 33 and under sub-section (4) of Section 34 to hear appeals against the order of the licensing authority shall, in Greater Bombay, be the Transport Commissioner and elsewhere, the District Magistrate of the district in which the aggrieved person ordinarily resides.

Rule - 33. Conduct and hearing of appeals.

(1)     An appeal under Rule 32 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the licensing authority, and shall be accompanied by a fee of twenty rupees in cash and a certified copy of that order.

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

(3)     The appellate authority may give to the parties copies of any document connected with the appeal, on payment of fee (calculated at the rate of 2[fifteen] rupees for the first page and [23][three] rupees for each additional page of each copy) of each document.

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

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

The conductor of a stage carriage,

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

(ii)      shall not smoke while on duty;

(iii)     shall behave in a civil and orderly manner to passengers and others;

(iv)    shall be cleanly dressed and shall wear khaki shirt or khaki bush-shirt and khaki trousers of police pattern of khaki colour:

Provided that, nothing in this clause shall apply to persons lawfully working as conductors in accordance with Rule 27:

[24][Provided further that, the State Government on considering any special reasons may, by order in the Official Gazette, allow conductors of such vehicles to wear any special uniform as may be specified in such order, other than the uniform specified in this clause.]

(v)      shall maintain the vehicle in a clean an sanitary condition;

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

(vii)   shall not interfere with persons mounting or preparing to mount upon any other vehicle;

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

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

(x)      shall not allow any passenger to be carried in any stage carriage without payment of the legal fare;

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

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

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

(xiv)  shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical breakdown or other causes beyond the control of the driver or conductor, arrange to convey the passengers to their destination in some other similar vehicle, or if unable so to arrange within a reasonable period after the failure of the vehicle, 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;

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

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

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

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

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

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

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

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

(xxiii)   shall not, while on duty, be under the influence of drink or of any drug so as to render him incapable of discharging his duties efficiently;

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

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

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

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

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

(xxix)   shall help the infant, disabled, pregnant ladies, old aged passengers and the ladies with child in arm, to board and alight the bus;

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

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

[25][Provided that he shall cause the personal luggage or cargo, suspected to be containing substances of dangerous or flammable nature or explosives, to be inspected under the supervision of the Officer or Stand-in-charge of Bus Station of the Maharashtra State Road Transport Corporation or any Police Officer in uniform or any officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles].

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

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

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

Rule - 36. Requirement as to photograph.

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

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

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

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

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

(5)     If the holder fails to comply with any requisition made by the licensing authority under sub-rule (3), the conductor's licence shall cease to be valid from the expiry of the said period.

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

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

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

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

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

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

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

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

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

(1)     If at any time it appears to a licensing authority that a conductor's licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the conductor's licence and issue a duplicate in accordance with Rule 39.

(2)     If a conductor's licence impounded as aforesaid is required to have a photograph of the holder affixed there, then,

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

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

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

(1)     When a duplicate conductor's licence is issued under Rules 36, 37 and 38 it shall be clearly stamped "Duplicate" in red and shall be marked with the date of issue, he shall intimate the fact to that authority.

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

(3)     The fee for a duplicate conductor's licence under Rules 36, 37 and 38 shall be [26][One hundred and fifty Rupees].

Rule - 40. Conductor's badge.

(1)     The licensing authority issuing a conductor's licence shall also issue simultaneously on payment of a fee of [27][one hundred and fifty rupees] a metal badge inscribed with its name, the word "Conductor" and an identification number, in the form illustrated in the Second Schedule appended to these rules. If the badge is lost or destroyed, a duplicate badge shall be issued on payment of twenty rupees by the authority which issued it or an application made to in Form D.C.B. of the First Schedule. In case the original badge is later found by the conductor, he shall return the duplicate badge to the issuing authority, and shall be entitled to a refund of ten rupees.

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

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

(4)     If at any time a conductor's licence is suspended or revoked by an authority competent to suspend or revoke or by any Court or ceases to be valid by efflux of time, the conductor shall, within seven days, of such suspension, revocation or ceaser, surrender the badge to the authority by which it was issued.

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

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

(2)     A person can act as a conductor having a conductor's licence issued in any other State in respect of stage carriage operation in the State of Maharashtra on the routes included in the reciprocal Transport Agreement as well as on the routes mutually agreed by both the State Transport Undertaking, with the intention to include the same in the subsequent Reciprocal Transport Agreement but shall comply with the provisions of Rule 84. 

CHAPTER IV REGISTRATION OF MOTOR VEHICLES

Rule - [42. Registering Authority.

the Registering Authority shall be:

(a)      for Brihan Mumbai, the Regional Transport Officers having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b)      in the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c)      in the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d)      in the Pune region, for the Districts of Pune and Solapur the Regional Transport Officer, Pune;

(e)      in the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f)       in the Dhule region, for the Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g)      in the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h)     in the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i)       in the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j)       in the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha District, the Regional Transport Officer, Nagpur (City);

(k)      in the Nagpur (Rural) region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).][28]

Rule - 43. Appellate Authorities.

(1)     The authority to hear appeals against any appellate order passed by the registering authority under Chapter IV of the Act shall be the Transport Commissioner.

(2)     The authority to hear appeals against any order passed by any police officer or an Inspector of Motor Vehicles specified in Rule 52 shall be the registering authority having jurisdiction in the area.

(3)     The authority to hear appeals against an order in respect of certificate of fitness under Section 56 read with Rule 45 shall be the registering authority having jurisdiction in the area, in which the order was passed.

Rule - 44. Conduct and hearing of Appeals.

(1)     An appeal referred to in Rule 43 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the registering authority or Inspector of Motor Vehicles or the Police Officer, as the case may be, and shall be accompanied by fee of [29][One hundred and fifty] rupees in cash or stamp and a certified copy of that order. If the appeal succeeds, the Transport Commissioner Maharashtra State, or the registering authority concerned, as the case may be, may refund the fees in whole or in part, as he thinks fit.

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

(3)     Any person preferring an appeal under the provisions of Chapter IV of the Act shall be entitled to obtain a copy of any document filed with the registering authority in connection with any order against which he is preferring an appeal on the payment of a fee calculated at the rate of 2[fifteen] rupees for first page and [30][three] rupees for each additional page for each copy of document.

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

Rule - 45. Issue and renewal of certificate of fitness.

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

(2)     An application for issue or renewal of certificate of fitness shall be made in Form C.F.A. of the First Schedule to these rules to the Officer or the authorised testing station in whose jurisdiction the vehicle is normally kept.

(3)     The office of the Motor Vehicles Department or the authorised testing station by whom the certificate of fitness was last renewed may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly before the concerned authority or any authorised testing station located in the jurisdiction of the officer endorsing the certificate, as specified by the State Government.

(4)     If the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed on the certificate of fitness, he shall apply to the officer of Motor Vehicles Department, not less than 15 days before the aforesaid date, for a change in the date of inspection, stating the reasons thereof. If the next date is given by the authorised testing station, the owner of the vehicle shall apply, for the change in the date of inspection stating the reasons, to an officer not below the rank of Assistant Regional Transport Officer, in whose jurisdiction the vehicles is normally kept and such Assistant Regional Transport Officer if satisfied, may specify the next date before which the vehicle should be produced for inspection before any authorised testing station in his area or jurisdiction or before him.

(5)     If no date, time and place for the next inspection is endorsed on the certificate of fitness as provided for in sub-rule (3) an application for the renewal of a certificate of fitness shall be made in Form C.F.R.A. of the First Schedule to these rules, not less than one month before the date of expiry of the certificate and the owner of a vehicle in respect of which such application is made shall cause the vehicle to be produced for inspection on such date and at such time and place as the Inspector of Motor Vehicles or authorised testing station may appoint. If the owner fails to make the application and produce the vehicle for inspection on or before the date aforesaid, he shall be liable to pay the full fee prescribed under clause (c) of Section 4 in addition to the usual fee chargeable for inspection, and on payment of such fee, a new certificate of fitness may be issued to him.

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

Provided that, no authorised testing station situated out side the area of jurisdiction in which the owner should have obtained the certificate of fitness, shall issue such authorisation to any vehicle under this sub-rule.

(7)     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, be safely driven at a reduced speed to a place of repairs, and if such Inspector is satisfied that it is necessary that the vehicle should be so driven, he may endorse in Form C.F. of the First Schedule and specify the time, speed and other conditions if any, subject to which the vehicle may be driven to a specified destination for the purposes of repairs.

(8)     When a certificate of fitness has been issued by a prescribed authority then the Inspector of Motor Vehicles shall be the authority for the purposes of cancellation of the certificate under sub-section (4) of Section 56:

Provided that, the certificate of fitness issued by the authorised testing station shall not be cancelled under this sub-rule by an officer below the rank of Assistant Regional Transport Officer:

Provided further that, the above proviso shall not apply to the vehicles involved in an accident.

(9)     The authority mentioned in sub-rule (8) of this rule, cancelling the certificate of fitness shall give the owner or other person in charge of the vehicle, a notice in Form C.F.C. of the First Schedule to these rules, and shall along with a report of his action forward the certificate of fitness, certificate of registration and permit, if any, to the registering authority under whose direction and control he may be:

Provided that, if the certificate of fitness issued by the authorised testing station is to be cancelled, an officer not below the rank of Assistant Regional Transport Officer shall send a copy of this notice to the authorised testing station by whom the certificate of fitness was issued.

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

(10)   Nothing in sub-rule (8) 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 such a manner that the provisions of the Act and the rules made thereunder are complied with. If such a vehicle is inspected and passed within fourteen days of the date of cancellation of the certificate of fitness but before the date of expiry specified in such certificate, no restoration fee shall be charged. If, however, the vehicle is brought for inspection at any later time, fresh certificate of fitness shall be required:

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

(11)   While inspecting a motor vehicle, the authority or the authorised testing station shall fill in Form M.V. Ins. of the First Schedule to these rules in duplicate, and shall, on completion of inspection deliver the original copy to the owner or his driver.

Rule - 46. Loss or destruction of certificate of fitness.

(1)     If a certificate of fitness is lost or destroyed, the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply for a duplicate certificate in Form C.R.L.D. of the First Schedule to these rules with a fee as prescribed by the Central Government by rules.

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

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

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

Rule - 47. Torn or defaced certificate of fitness.

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

(2)     Upon receipt of an application under sub-rule (1) in Form C.R.L.D. of the First Schedule to these rules together with a fee of [31][fifty] rupees, the Inspector of Motor Vehicles or the Authorised Testing Station shall issue a duplicate certificate of fitness clearly stamped "Duplicate" in red ink.

Rule - 48. Temporary registration.

(1)     An application for temporary registration shall be in Form C.R. Tern. A. of the First Schedule to these rules.

(2)     A temporary certificate of registration shall be in Form C.R. Tem. of the First Schedule to these rules, and shall ordinarily be valid for a period not exceeding one month.

[32][Provided that, where a motor vehicle so temporarily registered is a chassis to which a body has not been attached and the same is detained in the workshop beyond the said period of one month for being fitted with a body, the said period may be extended on payment [33][of a fee prescribed in the Table given below] per calendar month or part thereof, for such further period or periods as the registering authority may allow.]

[34][TABLE

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

(4)     Any officer approved by name, of a manufacturer of motor vehicles and any officer of a State Transport Undertaking in respect of motor vehicles on the chassis whereof new bodies are built by it shall also be competent to grant a temporary certificate or registration under this rule:

Provided that, the Transport Commissioner, Maharashtra State, shall not give such approval in writing to an officer of a manufacturer unless he is satisfied that the manufacturer, manufacturers a substantial number of motor vehicles, and the vehicle is proceeding immediately on registration to a place outside the region:

Provided further that, the powers conferred by this sub-rule shall not be exercised in respect of any vehicle, which is a tractor-trailer combination of a rigid frame having more than two axles, and has dimensions exceeding those prescribed in these rules, or a vehicle the unladen weight of which exceeds the laden weight limits specified for the time being under Section 115.

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

(6)     [35][(i) The temporary registration mark shall be assigned by the registering authority as follows:

"The registration mark shall consist of the State Code i.e., 'MH', followed by the code number of the registration authority and shall be followed by the temporary registration mark indicated by letters 'T.R.' and number running upto 3 digits e.g. temporary registration mark to be assigned by say Regional Transport Officer, Bombay (C), shall be displayed as follows:

MH 01/T.R.-1999

After exhaustion of this series, a fresh series with alphabet 'A' shall start. This shall be [36][succeeded] by 'B' and so on except alphabets 'I' and 'O'."

(7)     In case of imported vehicles brought into the State, the owner of the motor vehicle shall apply in From C.R. Tem. A of the First Schedule to the nearest registering authority along with Bill of Entry.

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

(9)     The records of the prescribed authority maintained for the purpose of issue of temporary certificates of registration marks, shall be open for inspection at all reasonable time, by any police officer not below the rank of Sub-Inspector and by any officer of the Motor Vehicles department not below the rank of Inspector.

Rule - 49. Failure to apply for renewal of registration of motor vehicles other than transport vehicle.

Failure of the owner in making an application for renewal of certificate of registration under sub-section (8) of Section 41 may result in the registering authority requiring the owner to pay twenty-five rupees per calendar month or part thereof as composition fee:

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

Rule - 50. Exemption from payment of registration fee.

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

(2)     Owners of,

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

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

(3)     Any Government in respect of motor vehicles belonging to it shall be exempted from payment of registration fee payable under Chapter IV of the Act.

Rule - [50-A. Exemption from payment of fitness certificate fees.

Any Government shall be exempted from payment of fitness certificate fee in respect of motor vehicles belonging to it, payable under Rule 81 of the Central Motor Vehicles Rules, 1989.][37]

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

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

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

(3)     If the registering authority who impounds such certificate is not the authority by whom the certificate was issued or the fresh registration mark was assigned, it shall intimate such action to the authority by whom the certificate was issued or the fresh registration make was assigned, as the case may be.

Rule - [51-A. Manner of delivery of certificate of registration.

(a)      On and from the date specified by an order issued in this behalf by Transport Commissioner, every certificate of registration issued either, fresh or renewed, duplicate thereof, or issued as a consequence of any change in the details of such certificate of registration, shall be delivered by Registered Post Acknowledgment Due (RPAD) to the owner of the motor vehicle, at the address specified on such certificate of registration,

(b)      different dates may be specified for different offices for the purpose; and

(c)      fee of Rs. 50 shall be recovered towards the delivery charges from the applicant per certificate of registration so delivered under sub-rule (a) above, in advance.][38]

Rule - 52. Authority to suspend certificate of registration and examination of vehicles.

(1)     Any police officer not below the rank of an Inspector of Police or an Inspector of Motor Vehicles may suspend the registration of a motor vehicle under clause (b) of sub-section (1) of Section 53.

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

Rule - [53. Amount in lieu of[39][action] for failure to give timely intimation under sub-section (2) of Section 49 and sub-section (3) of Section 50.

The amount payable by any person in lieu of action for failure to give timely intimation about [40][change of address and] transfer of ownership as required, shall be at the rate of twenty-five rupees per calendar month or part thereof by which the giving of such intimation is delayed by such person, provided that the amount so payable shall not exceed one hundred rupees.][41]

Rule - 54. Assignment of new registration mark.

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

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

(3)     The owner of a motor vehicle, which is registered in one State and is brought into or is for the time being kept in the State of Maharashtra, shall intimate to the registering authority in whose jurisdiction the vehicle is kept for use in Form F.T. of the First Schedule within seven days from the date of entry of the motor vehicle in the State.

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

Provided that, the amount payable under this rule in lieu of [42][action under Section 177 of the Act], shall not exceed one hundred rupees.

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

Rule - [54-A. Allotment of Registration Mark.

(1)     The Registration Mark to vehicles be assigned, shall be as per the notification issued by the Central Government under sub-section (6) of Section 41 of the Act.

(2)     On receipt of an application in the prescribed Form 20 of the Central Motor Vehicles Rules, 1989, the registering authority shall assign the registration number which falls in serial order after the last registration mark assigned subject to the provisions of the following sub-rules,

[43][(i) The Registering Authority shall not inter change the assignment of registration mark from one series decided by them to another:][44]

Provided that, the Transport Commissioner may give an order in writing for such registration marks on the recommendation of the Registering Authority after the payment of fees which is three times the fees prescribed in clause (iv) of this sub-rule.

(ii)   Unless a registration series of a particular class or category of vehicles is exhausted, no new registration series shall be started by the Registering Authority for the same class or category:

Provided that, the Transport Commissioner may, give an order in writing to start a new series by assigning registration mark 0001, on the recommendation of the Registering Authority for which the applicant will have to pay the fee which is three times fees mentioned in clause (iv) of this sub-rule. The applicant, who desires to obtain the registration mark in this series will have to pay the fees at the rate of three times of that mentioned in clause (iv) till the exhaustion of the original series.

(iii)   The Registering Authority may assign any registration series, as may be considered necessary to the vehicles of the Government. No new registration series shall be opened for Government vehicles, unless the existing registration series if exhausted:

Provided that, the registration numbers mentioned in clause (iv) of this sub-rule shall be allotted to the Government vehicles only from the series reserved for the Government vehicles, and which have been allowed to fit the red or amber light on top of the vehicles, and to the vehicles used by the Head of Department, without payment of any fees. For the rest of the Government vehicles, the registration marks shall be assigned serially:

Provided further that, the Registering Authority may allot unused registration mark mentioned in clause (iv) from the exhausted motor car registration series to the motor cars belongs to the Government, which have allowed by the Government to fit the red or amber light on the top of the vehicle and to the vehicles used by the Head of Departments, with the prior permission, from the Transport Commissioner in individual case, without payment of any fees.

(iv)  The Registering Authority shall reserve a registration mark to the owner of a motor vehicle of his choice from amongst the registration mark on payment of fees as specified below, namely:

(v)   The registration numbers once reserved shall not be transferable and shall be allotted strictly on the principle of First Come First Basis.

(vi)   The number reserved shall be allotted on production of a vehicle along with the application in Form 20 of the Central Motor Vehicle Rules, 1989. The reservation of the registration number shall be cancelled if the vehicle is not produced within 30 days from the date of reserving the registration number and the number so cancelled can be allotted to any other person by registering authority who makes an application along with the fees prescribed [45][under sub-rule (iv) of this rule].

(3)     [46][If a owner prefers to remain a Registration Mark assigned under sub-section (6) of Section 41 of the Act, after the sale or scrapping of that vehicle, he can retain the original registration mark to the new vehicle, purchased by him on payment of fee prescribed under clause (4) of sub-rule (2). The new Registration Mark will be assigned to the original vehicle purchased by the new owner.]

Rule - 55. Exemption of road plant.

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

Rule - 56. Supply of copies of particulars of registration.

A registering authority may, in his discretion supply copies of the particulars of any motor vehicle registered in the records maintained by him to any person who may apply for the same. [47][For every such copy in respect of each vehicle involved in an accident, a fee of rupees twenty shall be charged, and in respect of each vehicle in any other case a fee of rupees fifty] shall be charged:

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

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

(b)      reduce the fee payable by any such departments, local authorities, associations or bodies of individuals to such extent as may be specified in the order.

Rule - 57. Notice of alteration of motor vehicle under sub-section (1) of Section 52.

(1)     The notice by the owner of a motor vehicle to the registering authority in accordance with sub-section (1) of Section 52 shall be in Form B.T.I. of the First Schedule to these rules.

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

Rule - 58. Intimation regarding stolen or recovered motor vehicles.

(1)     An officer-in-charge of the police station where the theft of a motor vehicle is reported by the owner or any other person in possession of the vehicle, shall, immediately after the registration of an offence send intimation to the State Transport Authority, Maharashtra State or the officer authorised by the State Transport Authority in Form M.V.T. of the First Schedule and send a copy thereof to the registering authority where the vehicle is registered.

(2)     If the police station mentioned in sub-rule (1) is located in the jurisdiction of the Commissioner of Police, Bombay, the Police Officer shall also simultaneously send one copy of intimation of Form M.V.T. to all other registering authorities located in Greater Bombay.

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

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

(5)     The registering authorities shall maintain the register of stolen vehicles in Form M.V.T. Reg. (R) on the basis of the intimation received from the Transport Commissioner or from the Police Officer, as the case may be.

(6)     If the vehicle reported to be stolen is recovered, the police station which has recovered the vehicle shall intimate the fact in Form M.V.T. to the State Transport Authority and the relevant registering authority.

(7)     Upon receipt of intimation under sub-rule (6), the Transport Commissioner and the registering authority shall take a note of such recovery in the register maintained in Forms prescribed under sub-rules (4) and (5).

Rule - 59. Maintenance of State Registers of Motor Vehicles.

(1)     The Registering Authorities shall maintain a State Register of motor vehicles in such Form prescribed by the Central Government.

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

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

(4)     The State Register for motor vehicles shall be maintained according to the class of the vehicle that is to say, transport non-transport and also if the registration of all types of vehicles is in large number according to the detail classification of the vehicles that is, to say two wheeler, cars, goods carrier, tractors, etc. as decided by the registering authority.

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Rule - 60. Meeting etc., of 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)     A non-official member of the State Transport Authority shall hold office for a period of three years and thereafter until a successor is appointed:

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

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

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

(6)     The Joint Transport Commissioner or the officer appointed by the Government by notification in the Official Gazette shall be the Secretary of the State Transport Authority.

Rule - 61. Meeting etc., of Regional Transport Authorities.

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

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

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

(3)     A member of a Regional Transport Authority shall attend at least three 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 also remove from office any member for any other cause.

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

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

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

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

(7)     The Regional Transport Officer or the Officer appointed by the State Government shall be the Secretary of the Regional Transport Authority.

Rule - 62. Conduct of business of Transport Authorities.

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

Provided that the State Government may, if it considers necessary in the public interest appoint more than one Secretary for any area of the region for which the Transport Authority is constituted.

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

(3)     In the event of procedure by circulation being followed, the Secretary shall send to each member of the Transport Authority such particulars of the matter as may reasonably be 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. No decision shall be made upon procedure by circulation if, before the date by which the votes of members are required to reach the office of the Transport Authority, not less than one-third of the members of the Transport Authority by notice in writing to the Secretary demand that the matter be referred to a meeting of the Transport Authority.

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

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

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

(7)     Where a matter is decided by the votes of members present at a meeting of a State 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 decided by the exercise of the second or casting vote of the Chairman of the Presiding Officer the fact shall be recorded.

(8)     Save in the case of specifying fares and freights including the maximum and minimum thereof for stage carriages, contract carriages and goods carriages, a State or 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 (in this rule referred to as procedure by circulation).

Rule - 63. Delegation of powers by Regional Transport Authority.

A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to the restriction, limitation and conditions herein specified, delegate, to the Regional Transport Officer all or any of its following powers, namely:

(i)       power under sub-section (1) of Section 76 to grant, refuse or renew a private service vehicle permit;

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

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

(iv)    powers to attach to a stage carriage permit conditions under subsection (2) of Section 72, or to vary the conditions thereof;

(v)      powers to renew goods carriage permit and contract carriage permits under Section 81 and to renew, countersignature of any such permits;

(vi)    powers under [48][sub-section (3)] of Section 82 of the Act to transfer permit;

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

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

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

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

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

(xii)   power under Rules 125, 126 and 127 to grant, refuse or renew licences of agents or power under Rule 127 to suspend a licence or to recover from the holder thereof sum of money agreed upon in lieu of suspension:

Provided that, such 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; and

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

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

Rule - 64. Delegation of powers by State Transport Authority.

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

(A)     Transport Commissioner,

(i)       the powers under Section 88 to countersign permits granted in any other State as a result of any reciprocal agreement arrived at with that State and its powers under Section 86 to cancel or suspend such permit to the Transport Commissioner;

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

(iii)     [49][***]

(iv)    the powers of Regional Transport Authority in the circumstances mentioned in clause (b) of sub-section (3) of Section 68, which may be delegated to Regional Transport Officer under Rule 66, may in addition be delegated to Transport Commissioner, subject to conditions specified in the provisions to sub-rule (1) of Rule 63;

(B)     (a) [50][Assistant Transport Commissioner and above(a) the powers under sub-section (3) of Section 69 to grant a permit other than stage carriage permit, where the vehicle is proposed to be used in two or more regions plying in different States, to a committee of one or more members of that Authority, as that Authority may appoint or to an officer of the Motor Vehicles Department not lower in rank than Assistant Transport Commissioner; including its power mentioned below, namely:

(b) (i) to attach to a stage carriage permit conditions under subsection (2) of Section 72 or to vary the conditions thereof;

(ii) to attach to a permit other than a stage carrier permit referred to in this clause and in clause (c) conditions including those under sub-section (11) of Section 88, read with sub-section (2) of Section 74 or to vary the conditions thereof;

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

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

(v) to grant stage carriage permits to the State Transport Undertakings on inter-State routes agreed upon between two States in accordance with [51][reciprocal agreements under sub-section (5) of Section 88];

(vi) its powers under sub-sections [52][(1) and (3)] of Section 82 of the Act to transfer permit;

(vii) [53][***]

(viii) to suspend a permit referred to in this clause [54][and in clause (c) of sub-section (1) of Section 86], or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) of the said Section 86.

(C)     [55][Assistant Regional Transport Officer, the powers to grant, renew or refuse permits under sub-section (9) of Section 88 of the Act.]

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

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

(4)     All orders of delegation made by the State Transport Authority under sub-rules (1), (2) or (3) shall be pasted on a notice board at the office of that Authority.

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

Rule - 65. Exemption from Section 66.

The provisions of sub-section (1) of Section 66 shall not apply to any transport vehicle used as relief vehicle for carrying passengers and their luggage from a disabled stage carriage to the place of destination.

Rule - 66. Disposal of application for contract carriage, goods carriage and private service vehicle permit.

(1)     When an application for contract carriage permit or a goods carriage permit or a private service vehicle permit is received by the Secretary of the Regional Transport Authority, he shall examine whether the powers to deal therewith has been delegated to the Regional Transport Officer under Rule 63 and forward the same to him for disposal if it has been so deleted.

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

(3)     Normally the application preferred to in sub-rule (1) shall be disposed off within two months of the receipt thereof.

Rule - [66-A.

Grant of Contract Carriage Permits in respect of motor cabs fitted with vehicle tracking devices (Phone/Fleet Taxi) to companies registered under Companies Act, 1956 or Partnership Firms.

(1)     The Regional Transport Authority of one region may grant a permit to the Licenced operators of motor cabs fitted with vehicle tracking devices to ply as a contract carriage to be valid throughout the area decided by the State Transport Authority, Maharashtra State without the countersignature of Regional Transport Authorities of the other regions.

(2)     The following guidelines shall be followed before issue of licences to such holder:

(a)      The holder of Phone/Fleet Taxi shall obtain final licence from the State Transport Authority, Maharashtra State. No person shall engage himself in the business of Phone/Fleet Taxi Service under the Scheme without valid licence.

(b)      (i) Every application for issue of a Licence to operate Phone/Fleet Taxi fitted with vehicle tracking devices shall be filed before the State Transport Authority, Maharashtra State in FORM "PFTA".

(ii) The fee for application for issue or renewal of Licence shall be Rs. 1,00,000 in Mumbai and outside of Mumbai Rs. 25,000. This licence shall be valid for a period of 5 years from date of issue.

(iii) The fee for application for grant of one permit issued under the Phone Taxi/Fleet Taxi scheme shall be Rs. 1,00,000 (Minimum) or the. fees determined by Government of Maharashtra though bidding, whichever is higher. This shall be valid for a period of 5 years. After the period 5 years, the renewal of each permit shall be done for a further period of 5 years. A fees of Rs. 100 per permit or as may be amended for time to time, shall be levied. Each permit shall have renewable clause as per provisions of Motor Vehicles Act after every 5 years.

(iv) The Phone/Fleet Taxi Licence shall be issued in FORM "PFTL".

(v) The validity of Phone/Fleet Taxi Licence shall be for five years.

(vi) A Phone/Fleet Taxi Licence may be renewed on an application in FORM "PFTA" made within thirty days of its expiry. The late fee for renewal of licence after expiry of the licence shall be Rs. 500 per day.

(vii) The application for issue of duplicate Phone/Fleet Taxi Licence shall be in FORM "PFTD".

(viii) A duplicate licence issued shall be marked DUPLICATE in red ink with details of date of issue under the signature of the Authority.

(ix) The fee for issue of duplicate Phone/Fleet Taxi Licence shall be Rs. 5000.

(x) Any request for alterations or additions in the Licence shall be made with sufficient proof and documents and the application shall be treated as if the application is for grant of fresh licence.

(c)      (i) The Licensee shall operate not less than 100 permits in cities other than in Mumbai Metropolitan Region further Mumbai Metropolitan Region, the company shall have to operate not less than 1000 permits each permit shall be used to operate air conditioned Phone/Fleet Taxis, fitted with electronic fare meter having printer facility.

The Government of Maharashtra shall have the right to distribute the permits by way of inviting bids

(d)      The Licensee shall deposit a sum of Rs. 5 crore interest free Security deposit. This shall be kept with Government for period of 1 year at the time of bidding. The successful bidder shall have to start the business within one year from the date of issue of licence by S.T.A. If the successful bidder fails to start the operation within one year or as per the time extended by the Government, the security deposit shall be forfeited however, after successful implementation of the project within the stipulated time frame, to the satisfaction of Government, the interest free security deposit shall be refunded by Government.

(e)      The vehicles used for Phone/Fleet Taxi shall be brand new at the time of induction or any other imported vehicles meeting the prescribed emission standards as approved by the State Transport Authority.

(f)       The engine capacity of the vehicle used shall not be less than 1200 c.c. in Area of the State other than MMR Area for MMR area the capacity of engine shall not less than 1400 c.c. The cab should have independent facility for storing of luggage.

(g)      After awarding licence by STA, the successful bidder shall purchase new Air-Conditioned vehicles for operation as Phone Taxi/Fleet Taxi and each such vehicle shall be fitted with GPS/GPRS devices enabling communication with the central control unit of the Licence holder with live tracking and facility to record excess speed driving.

(h)     (i) The Licence shall not be transferable before 10 years from date of its issuance.

(ii) The licensee shall pay transfer for as may be notified by State Government from time to time.

(iii) The licensee shall not shift the principal place of business without prior permission and approval of the State Transport Authority, Maharashtra State.

(i)       The State Transport Authority, Maharashtra State shall not ordinarily refuse to issue or renew the Licence if the above conditions are satisfied. If it is decided to refuse to issue or renew the licence an opportunity of being heard shall be given to the applicant.

(j)       If any of the aforesaid conditions is violated, the State Transport Authority Maharashtra State may, after issuing a notice and giving to the Licensee holder an opportunity of being heard, cause an enquiry to be made and cancel the Licence.

(k)      The Government of Maharashtra in Home Department shall be the Appellate Authority in the matters of issuance or renewal or cancellation of the Licence. The appeal shall be filed within 30 days of the order of the State Transport Authority and shall be accompanied by a fee of Rs. 1,000.

(3)     The following, conditions shall be observed by the Licensee:

(a)      The Licensee for operation of Phone/Fleet Taxis shall have experience in human resource management and infrastructure to manage the vehicles.

(b)      He shall provide training facility to the drivers and have technical expertise.

(c)      The vehicle shall display prominently the words "PHONE/FLEET TAXI" on the top of the vehicle which shall have illuminating facility during night to be visible both front and rear.

(d)      The vehicle must be equipped with First-Aid-Box.

(e)      For driving the Phone/Fleet Taxi the Licence holder shall employ a driver in accordance with the stipulation of Maharashtra Motor Vehicles Rules, 1989.

(f)       The driver shall undergo training on a LMV stimulator at the time of employment and after that annually. Also, the driver shall be made to undergo health check up every year for his sight, hearing and other health problems.

(g)      The Licensee shall hold the responsibility for the conduct and character of the driver to render safe and trustworthy service. He shall ensure that the driver is free from criminal antecedents.

(h)     The Licensee shall display a toll free call number "......" on all the four sides of the Cab for the purpose of lodging a complaint, if any.

(i)       The Licensee shall affix a sticker of 6" x 6" dimension on the top right hand side windscreen with particulars of the vehicle registration number, registered owner's name, the driver's name, his photograph and the driving licence number.

(j)       The vehicles shall always be kept ready for hire at all times.

(k)      The fare to be charged shall be as fixed by the State Transport Authority.

(l)       The Licence holder shall display a fare chart on side windows prominently and easily visible to the commuters.

(m)    Any other condition as may be prescribed by the State Transport Authority from time to time.

(4)     The following conditions shall be observed by the driver of the Phone/Fleet Taxi:

(a)      The driver uniform shall be as specified by the State Transport Authority.

(b)      The driver must carry his original driving licence while driving the vehicle.][56]

Rule - 67. Power of refusal to accept applications for stage and contract carriage permits.

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

Rule - 68. Reservation of permits granted under Sections 71 and 88.

Where the number of stage of carriages are fixed under clause (a) of sub-section (3) of Section 71, the vacancies available shall be 13th per cent and 7 per cent for Scheduled Caste and Scheduled Tribe, respectively.

Rule - 69. Power of transport authorities to demand proof or documentary evidence.

It shall be lawful for any Transport Authority competent to grant the permits for which a representation is made under Rule 68 to direct any applicant for grant of such permit to produce such documentary evidence as may be deemed necessary to ascertain the eligibility for a permit from amongst the reserved vacancies.

Rule - 70. Matters for consideration of application for stage carriage permit.

In addition to the matters mentioned in sub-clauses (1) and (ii) of clause (d) of sub-section (3) of Section 71, the Regional Transport Authority may also consider the applications of persons who are,

(i)       educated unemployed:

(ii)      displaced persons affected by any project under any Law for the time-being in force;

(iii)     having a minimum qualification of diploma in Automobile Engineering, Tourism or Transport Management from an institution recognised by the State Government;

(iv)    travel-agent approved by the India Transport Development Corporation or Maharashtra Tourism Development Corporation.

Rule - 71. Forms of application for permits.

(1)     Every application for a permit in respect of any transport vehicle shall be in one of the following Forms of the First Schedule, namely:

(i)       in Form P. St. S.A. for stage carriage;

(ii)      Form P. Co. P.A. for contract carriage permit;

(iii)     Form P. Gd. C.A. for goods, carriage permit;

(iv)    Form P. Tern. A. for temporary permit;

(v)      Form P. Pr. S.A. for private service vehicles permit; and

(vi)    Form P. Co. Sp. A. for special permit.

(2)     The application shall be addressed to the State Transport Authority or the Regional Transport Authority, as the case may be, and accompanied by the fee prescribed by Rule 75.

Rule - 72. Forms of permits.

(1)     Every permit shall be in one of the following Forms of the First Schedule namely:

(i)       Form P. St. S. for stage carriage permit;

(ii)      Form P. Co. P. for particular contract carriage permit;

(iii)     Form P. Co. S. for casual contract carriage permit;

(iv)    Form P. Co. Pr. for contract carriage permit to be used for private hire;

(v)      Form P. Gd. C. for goods carriage permit;

(vi)    Form P. Tem. for temporary permit;

(vii)   Form P. Pr. S. for private service vehicle permit;

(viii)  Form P. Co. Sp. for contract carriage special permit;

(ix)    Form P. Co. T. for tourist vehicle permit; and

(x)      Form N.P. Gd. CP. for National permit.

(2)     Every permit, issued in accordance with Section 85 shall be signed and sealed by the Transport Authority by which the permit is issued. In the event the permit to be countersigned under sub-section (1) of Section 88, the countersigning Transport Authority shall sign and seal the same.

Rule - 73. Entry of Registration mark on permit.

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

(2)     No permit shall be issued until the registration mark of the vehicle to which it relates has been entered therein, and in the event of any applicant, failing to produce the certificate of registration within the period specified in sub-rule (1) or the extended period, as the case may be, the Regional Transport Authority may withdraw its sanction of the application.

Rule - 74. Extension of area of validity of permit.

(1)     Subject to the provisions of Section 88, a Regional Transport Authority which issues a permit (hereinafter referred to as "the original Transport Authority") other than a permit in Form P. St. S. of the First Schedule and a permit in Form P. Co. S. of the First Schedule, may extend the area of validity of the permit to any other region within the State subject to such additional conditions attached, for different regions:

Provided that, subject to the provisions of the following sub-rules, the vehicles to which the permit refers shall be normally kept within the region of the original Transport Authority.

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

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

(4)     The original Transport Authority which issues a permit to be operative in any other region shall send a copy of the permit to the authority of the other region.

(5)     Every application for the grant of permit under sub-section (9) of Section 88 in respect of a tourist vehicle shall be made to the State Transport Authority in form prescribed by Central Government and shall be accompanied by the fee prescribed in Rule 75.

(6)     On receipt of an application under sub-rule (1), the State Transport Authority shall follow the same procedure as prescribed for considering an application for the grant of a contract carriage permit under the Act and these rules, and may grant the permit in Form P. Co. T. of the First Schedule.

(7)     Where a permit is granted under sub-rule (6), the State Transport Authority shall forward to every other State Transport Authority information relating to,

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

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

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

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

(9)     Every application for the grant of a National Permit in respect of a goods carriage shall be made to the Regional Transport Authority and shall be accompanied by fee of fifty rupees.

(10)   On receipt of an application under sub-rule (9), the Regional Transport Authority shall follow the same procedure as is prescribed for considering an application for the grant of a goods carriage permit under the Act and these rules and may grant the permit in Form N.P. Gd. C.P. of the First Schedule.

Rule - 75. Permit fees.

[57][(1) Subject to the provisions of this rule, the fees in this respect of application, shall be,

(a)      for the grant and renewal of a permit or a countersignature for the Metered Motor Cab one hundred rupees.

(b)      for the grant and renewal of a permit or a countersignature for non metered Motor cab, one hundred and fifty rupees;

(c)      for the grant and renewal of a permit or a countersignature for maxi cab one hundred and fifty rupees;

(d)      for the grant and renewal of a permit or a countersignature for contract carriage other than mentioned in clause (a), (b) and (c) of this rule, rupees two hundred;

(e)      for the grant and renewal of a permit or a countersignature for stage carriage two hundred rupees;

(f)       for the grant and renewal of a permit or a countersignature for goods carriage two hundred rupees;

(g)      for the grant and renewal of a permit or a countersignature for private service vehicles, two hundred rupees.]

(2)   The fees in respect of an application for a permit, for a tourist vehicle shall be [58][three hundred] rupees and the fee for the renewal of such permit shall be three hundred rupees.

(3)   The fees in respect of an application for a national permit shall be hundred rupees and the fee for the renewal of such permit shall be [59][three hundred] rupees.

(4)   The fee in respect of an application for a temporary permit or countersignature on a temporary permit shall be [60][hundred rupees] for each calendar month or part thereof, in respect of each vehicle.

(5)   The fee in respect of an application for replacement of a vehicle covered by a stage carriage permit, goods carriage or a contract carriage permit, to which the provisions of sub-rule (3) of Rule 88 apply, shall be [61][hundred] rupees.

[62][(6) If the application for renewal of permit is made after the last date specified in sub-section (2) of Section 81 of the Act, in such case, the applicant shall pay, in addition to the fees specified in sub-rules (1), (2) and (3), one hundred rupees for each calender month or part thereof, in respect of each vehicle.]

Rule - 76. Exemption from payment of fees.

Persons belonging to the Scheduled Castes and Scheduled Tribes shall be exempted from payment of fees under Rule 78 to the extent of half of such fees.

Rule - 77. Stage carriage to ply on routes other than those specified in permit under certain circumstances.

Holder of a permit granted in respect of a stage carriage shall, if so directed by the authority granting the permit, such direction being made in the interest of public order, public safety or in any emergency use a stage carriage on such route or 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 - 78. Additional conditions in respect of certain permits.

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

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

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

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

(i)       when prevented by accident unmotorability of the route, or any unavoidable cause; and

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

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

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

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

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

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

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

Rule - 79. Carriage of goods on stage carriages.

(1)     Subject to the provisions of sub-rule (2) of this rule and of Rule 81, luggage may be carried on the roof of a stage carriage or in boot, locker or compartment set aside for the purpose, but where it is so carried on a roof, adequate protection in the form of a guard rail shall be provided.

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

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

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

(5)     Subject to the provisions of sub-rule (2) and Rule 81, 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.

(6)     Where goods are carried in 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 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, required under Chapter VII of these rules shall be unobstructed.

(7)     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 a double-decked stage carriage. For the purpose of this sub-rule, "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 passengers for whom seats are kept free and unimpeded by goods whichever is greater.

Rule - 80. Carriage of goods on contract carriage prohibited.

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

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

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

Rule - 81. Carriage of certain goods in stage or contract carriage prohibited.

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

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

Rule - 82. Carriage of personal luggage in stage carriages.

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

Rule - 83. Carriage of animals in goods vehicle.

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

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

(a)      a minimum floor space of [63][0.15] square meter per head of such cattle is provided in the vehicle;

(b)      proper arrangements for ventilation are made; and

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

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

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

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

(ii)      in the case of any other cattle,

(a)      a minimum floor space of [64][2 meter x 0.75] meter per head of cattle and half of such floor space for a young one of cattle which is weaned, is provided in the vehicle;

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

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

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

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

Explanation.For the purposes of this sub-rule, "Cattle" includes goat, sheep, buffalo, bull, ox, cow, deer, horse, pony, mule, ass, pig or the young ones thereof.

(2)     No animal belonging to or intended for a circus, menagerie or zoo shall be carried in a goods vehicle in a public place unless,

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

(ii)      reasonable floor space for each animal is provided in the vehicle.

(3)     No goods vehicle when carrying any cattle under sub-rule (1) or any animal under sub-rule (2) shall be driven at a speed in excess of 24 kilometres per hour.

Rule - 84. Carriage of luggage in private service vehicles.

(1)     Not more than [65][40] kilo grammes of luggage or personal effects per occupant may be carried in a private service vehicle:

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

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

Rule - 85. Renewal of permits.

(1)     An application for the renewal of permit shall be made in writing to the State Transport Authority or the Regional Transport Authority, as the case may be, by which the permit was issued and shall be accompanied by the permit. The application shall state the period for which the renewal is desired and shall be accompanied by the fee prescribed in Rule 75.

Rule - 86. Renewal of counter-signature of permits.

(1)     Subject to the provisions of Rule 87 an application for the renewal of a counter-signature on a permit shall be made in writing to the Transport Authority concerned and shall, subject to the provisions of sub-rule (2) of this rule, be accompanied by the permit. The application shall set forth the period for which the renewal of the counter-signature is required.

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

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

Rule - 87. Validation of renewal in respect of counter-signature of permit.

(1)     The authority by which a permit is renewed may, unless any authority by which the permit has been countersigned (with effect not terminating before the date of expiry of the permit) by a general or special order otherwise directed, likewise renew any counter-signature of the permit by endorsement on the permit in the manner set forth in the appropriate Form and shall, in such case, intimate the renewal to such Authority.

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

Rule - 88. Replacement of a vehicle covered by a permit.

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

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

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

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

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

Rule - 89. Validation of replacement order in respect of counter-signature on permit.

(1)     The Transport Authority granting permission for the replacement of vehicle under Rule 8.8, shall, unless the authority on behalf of which the permit was countersigned has, by a general or special resolution otherwise directed, endorse on the correction made to the permit, the words "valid also for..........." inserting the name of the authority concerned and shall intimate the fact and the particulars of the replacement to such authority.

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

Rule - 90. Procedure on cancellation, suspension or expiry of permit.

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

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

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

(ii)      the Transport Authority suspending or cancelling the permit shall send intimation to any authority by which it has been countersigned with effect at the time of suspension or cancellation and to any authority to whose area the validity has been extended under Rule 87.

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

(4)     Within fourteen days of the expiry of any permit by efflux of time, the holder shall deliver the permit to the Transport Authority by which it was issued and the Transport Authority receiving any such permit shall intimate the fact to the authority or authorities by which it was countersigned with effect upto the date of expiry and to any authority to whose area the validity has been extended under Rule 87.

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

Rule - 91. Transfer of permit[66][***].

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

(2)     On receipt of an application under sub-rule (1), the 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 or a permit made upon such application and thereupon such transfer shall be void and of no effect, if after such enquiry as it thinks fit, the Transport Authority is satisfied that any matter stated to it under sub-rule (2) or any material particular in the application, was false.

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

(5)     If the Transport Authority is satisfied that the transfer of a permit may properly be made, it shall call upon the holder of the permit in writing to surrender the permit within seven days from the receipt of the order and shall likewise call upon the person to whom the permit is to be transferred to pay a sum of [67][hundred] rupees as transfer fee.

(6)     [68][In respect of transfer of contract carriage permits issued for motor cabs including autorickshaw,

(a)      where the holder of a permit desires to transfer the permit to some other person under sub-section (1) of Section 82, he shall together with the person to whom he desires to make the transfer, make a joint application in writing in Form T.R.P.A. of the First Schedule appended to the Transport Authority by which the permit was issued, setting forth the reasons for the proposed transfer.

(b)      the Transport Authority shall, by order in writing, call upon the holder of the permit to surrender the permit within seven days from the receipt of the order. It shall also call upon the person to whom the permit is to be transferred to produce an affidavit sworn before the Magistrate for the transfer of the permit and to pay fees for transfer of permit, as may be notified by the Government of Maharashtra for motor cab including autorickshaw, form time to time by an order.

(c)      the person to whom the permit is to be transferred shall be resident in the State of Maharashtra for not less than fifteen years as on the date of application and he shall produce a domicile certificate to that effect issued by the Authority competent to issue.

(d)      The person to whom the permit is to be transferred shall possess an effective driving license issued by the Licensing Authority to him authorising to drive a motor cab and also possesses necessary badge to drive the public service vehicle.]

Rule - 92. Transfer of permit in case of death of permit-holder.

(1)     In case of death of the permit-holder, the person succeeding to the possession of the vehicle covered by the permit may, within [69][sixty days] from the death of the permit holder, inform the Transport Authority which granted the permit about the death of the holder and of his own intention to use the permit in Form Int. D. Tr. of the First Schedule.

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

(3)     Along with the application under sub-rule (2), the applicant shall attach a copy of the newspaper notice published in the local newspaper in Form ND of the First Schedule indicating that he is the person succeeding the permit of the deceased permit holder.

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

(ii) Upon receipt of the permit and of the prescribed fee of [70][fifty] rupees, the Transport Authority shall make the necessary changes therein, and issue a new permit to the transferee.

(iii) The Transport Authority making a transfer of a permit as aforesaid may 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 effect from the date of transfer.

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

Rule - 93. Issue of duplicate permits.

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

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

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

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

(5)     The fee for the issue of a duplicate permit shall be [71][hundred rupees]. The fee for the issue of a duplicate temporary permit shall be [72][fifty rupees].

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

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

Rule - 94. Variation of permit.

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

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

Rule - 95. Production of permit.

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

(2)     Any Police Officer or an officer of and above the rank of Assistant Inspector of Motor Vehicles of the Motor Vehicles Department in uniform may amount to any transport vehicle for the purpose of inspecting the permit.

Rule - 96. Temporary authorisation in lieu of permit.

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

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

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

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

Rule - 97. Appeals and Revision applications against orders of State or Regional Transport Authority.

(1)     An appeal to the State Transport Appellate Tribunal under Section 89 against the order of the State or a Regional Transport Authority shall be made within thirty days of the date of receipt of the order by the person preferring the appeal. It shall be in the form of a memorandum submitted in duplicate setting forth the grounds of objections to the order of the State Transport Authority or the Regional Transport Authority, and shall be accompanied by a certified copy of the order appealed against and a fee of [73][hundred and fifty rupees]in cash. The grounds of objection to the order shall be stated concisely and under distinct heads, without any argument or narrative, and numbered consecutively.

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

Rule - 98. Supply of copies of documents to persons interested in appeal or revision.

(1)     Where an appeal under Section 90 is made to the State Transport Appellate Tribunal, the Secretary of the State or Regional Transport Authority concerned, shall give to any person on payment of a fee calculated at the rate of [74][fifteen] rupees for the first and [75][three] rupees for each additional page per copy of each such document filed with him.

Rule - 99. Procedure in appeal or revision.

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

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

(3)     The Tribunal may after following the procedure in sub-section (1) of Section 89 or, as the case may be, Section 90 and after such further inquiries, if any, as it may consider necessary, shall pass such order in relation to the facts of the case as it deems fit, and every such order shall be final.

Rule - 100. Fixing in advance hours of work.

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

Rule - 101. Definition of period of rest.

For the purposes of clause (a) of sub-section 91,

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

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

Rule - 102. Conduct of persons using stage carriage operating in Maharashtra State.

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

(i)       obstructs any authorised employees of the permit holder in the execution of his duties; and

(ii)      has bulky luggage of a form or description 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 packings) any instrument, implement, substance or any other article which annoys or is offensive to any other passenger or is likely to do, or be, so; or

(iv)    without lawful excuse occupies any seat exclusively reserved for [76][women physically handicapped person and senior citizens]; or

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

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

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

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

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

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

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

(i)       refuse to pay the legal fare; or

(ii)      refuse to show any ticket on demand by any authorised 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)   spit, eject betel nut juice; or

(viii)  smoke in any vehicle on which a notice prohibiting smoking is exhibited; or

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

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

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

(xii)   interfere with the driving of the vehicle; or

(xiii)  use or attempt to use a ticket other than the ticket valid for a particular journey; or

(xiv)  wilfully 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

(xv)   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

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

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

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

(xix)  smoke in an air-conditioned vehicle.

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

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

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

(5)     [77][The passenger who has been directed by the conductor or the driver of the bus to exhibit the contains of his personal luggage or cargo as the case may be, for the inspection as required under clause (xxxi) of Rule 34 and sub-rule (2A) of Rule 20, shall comply with such directions and any such passenger falling to comply with the directions forthwith may be removed by the conductor or the driver or any Police Officer in uniform on being requested by the conductor or the driver or any passenger in that behalf, and shall be held guilty of such offence.]

Rule - 103. Additional provisions relating to conduct of passengers and other persons in buses operating within limits of a Municipal Corporation or Municipality in State of Maharashtra.

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

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

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

(4)     No passenger or intending passenger or unauthorised person shall mount the driver's platform or talk or interfere with or otherwise distract the attention of the driver of a bus while he is driving.

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

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

(7)     If at any time, a passenger in a bus occupies more than one seat or reserves or attempts to reserve another seat either for himself or for anther 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.

(8)     The provisions of this rule shall apply in respect of buses, operating within the limits of a Municipal Corporation or a Municipality, in addition to those contained in Rule 102.

(9)     A copy of Rule 102 and of this rule in English and such other languages as the Regional Transport Authority may direct, shall be carried in a prominent place in every bus.

Explanation. For the purposes of this rule, unless there is anything repugnant in the subject or context,

(a)      "bus" means a stage carriage for the conveyance of passengers within the limit of a Municipal Corporation or a Municipality;

(b)      "ticket" includes an identity card issued by the Undertaking;

(c)      "Undertaking" means any Transport Undertaking duly authorised to ply buses within the limits of a Municipal Corporation or a Municipality.

(10)   [78][The provisions of sub-rule (5) of Rule 102 shall apply to passengers travelling in a bus operating within the municipal limits of the Municipality.]

Rule - 104. Maintenance of complaint books in stage carriages.

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

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

(3)     The manager of the stage carriage service or the stage carriage permit holder, as the case may be, shall promptly look into every complaint 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 manager of the stage carriage service or the stage carriage permit holder, as the case may be, to the complainant.

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

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

Rule - 105. Conduct of passengers in motor cabs.

(1)     No passenger in motor cab shall,

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

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

(iii)     smoke.

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

Rule - 106. Carriage in public service vehicle of children and infants.

[79][(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 three years of age shall not be reckoned.

[80][(2) (a) In relation to the number of persons that may be carried in contract carriages used either part-time or full time for carrying school going students exclusively and in buses used by education institution,

(i)       a row of two seats shall be deemed to be adequate to accommodate three children of not more than twelve years of age; and

(ii)      a row of three seats shall be deemed to be adequate to accommodate four children of not more than twelve years of age.

(b) The provisions of clause (c) of sub-rule (2) of Rule 173 shall not apply to the contract carriages buses used by educational institutions for carriage of school going students referred to in clause (a).]

Rule - 107. Disinfection of public service vehicles.

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

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

Rule - 108. Carriage of persons in goods vehicles.

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

Provided that the owner or the hirer or a bona fide employee of the owner or the hirer of the vehicle carried free of charge or any officer of the Motor Vehicles Department may be carried in a goods vehicle, the total number of persons so carried,

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

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

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

Provided further that, the provisions of sub-clauses (ii) and (iii) of the above proviso shall not be applicable to the vehicles plying on inter-State route or the vehicles carrying goods from one city to another city or the vehicles carrying material in liquid form in tanker.

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

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

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

[81][(a1) for the purpose of celebration in connection with the Republic Day, Independency Day of India or Maharashtra Day, the Regional Transport Officer];

(b)      where it is considered expedient in public interest in respect of vehicles owned or hired by it, and in respect of other vehicles on such inescapable grounds of urgent nature, to be specified in the order, the State Government;

may, by general or special order, permit goods vehicles to be used for the carriage of persons for the purposes aforesaid and subject to such conditions as may be specified in the order.

(4)     No person shall be carried in any goods vehicles,

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

(b)      in such manner,

(i)       that such person when carried on goods or otherwise is in danger of falling from the vehicle;

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

(5)     The provisions of this rule shall not apply to motor vehicles registered under Section 60.

(6)     No person other than an attendant or attendants required by Rule 246 shall be carried on a trailer which is a goods vehicle.

Rule - 109. Duty to carry goods by goods carriage.

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

Rule - 110. Stands or halting places.

(1)     With the approval in the Greater Bombay, of the Commissioner of Police, and elsewhere of the District Magistrate the Regional Transport Authority, by notification in the Official Gazette and by the erection of traffic signs which are permitted for the purpose under clause (a) of sub-section (1) of Section 116, and may, in respect of the taking upon, setting down of passengers of the public service vehicles or any specified class of public service vehicles,

(i)       conditionally or unconditionally prohibit the use of any specified place or of any place of a specified nature or a specified class of vehicles;

(ii)      require that certain specified stands or halting places only shall be so used within the limits of any Municipal Corporation, Municipality, notified area of cantonment or within such other limits as maybe specified in the notification:

Provided that, no place which is privately owned shall be so notified except with the previous consent in writing of the owner thereof.

(2)     Where a place has been notified and has been demarcated by traffic signs, as being a stand or halting place for the purpose of this rule, then the place shall, subjected to the provisions of these rules be deemed to be a public place within the meaning of the Act and the Regional Transport Authority may enter into an agreement with, or grant a licence to any person for the provision or maintenance of such place including the provisions or maintenance of the buildings or works necessary thereto, subject to the termination of the agreement or licence forthwith upon the breach of by condition thereof and may give directions for the conduct of such place thereby,

(i)       prescribing the fees to be paid by the owners of public service vehicles using the place and providing for the receipt and disposal of such fees;

(ii)      specifying the public service vehicles or the class of public service vehicles which shall use the place or which shall not use the place;

(iii)     appointing a person to be the manager of the place and specifying the powers and duties of the manager;

(iv)    requiring the owner of the land, or the local authority, as the case may be, to erect such shelters, lavatories and latrines and to execute such other works as may be specified in the direction and to maintain the same in a serviceable, clean and sanitary condition;

(v)      requiring the owner of the land or the local authority, as the case may be, to arrange for the free supply of drinking water for passengers including intending specified passengers; and

(vi)    prohibiting the use of such place by specified persons or by other than specified persons.

(3)     Nothing in sub-rule (2) shall require any person owning the land, which has been appointed as a stand or halting place to undertake any work or incur any expenditure in connection therewith without his consent and, in the event of any such person declining to carry out such work or to incur such expenditure or failing to comply with any rule or direction made or given to him under this rule, the authority competent may prohibit the use of such a place for the purposes of this rule.

Rule - 111. Returns to be furnished in respect of transport vehicles.

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

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

(i)       the registration number of the vehicles;

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

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

(iv)    the date of each journey undertaken;

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

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

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

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

(ix)    the serial number of the trip;

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

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

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

(xiii)  the weight in quintals of each commodity;

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

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

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

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

(xviii)   the freight charged for each commodity;

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

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

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

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

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

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

Rule - 112. Change of address of permit-holder.

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

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

Rule - 113. Intimation of damage to or failure of public service vehicle.

(1)     The holder of any stage carriage permit in respect of a particular vehicle by 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 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 of service of stage carriages shall, within twelve hours of the occurrence, report in writing to the Transport Authority by which the permit was issued, and 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 of 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 88,

(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 make good the damage to or failure of the vehicle or to provide a substitute vehicle; or

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

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

Rule - 114. Alteration to motor vehicle.

(1)     The owner of a transport vehicle, shall give notice to the registering authority as required under Section 52 (of the Act) and simultaneously report the alteration to the Transport Authority which has granted the relevant permit for the use of the vehicle.

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

(i)       vary the permit accordingly; or

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

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

Rule - 115. Conditions for use of trailers.

(1)     Subject to sub-rules (2) and (3), the operation of goods carriages drawing any trailer shall be permitted in the areas or routes other than,

(i)       Ghat sections as may be declared by the Public Works Department;

(ii)      Areas falling within the limits of the Municipal Corporations and Municipal Councils in the State.

(2)     The goods carriage drawing trailers shall not be drawn at a speed more than 30 kms. per hour and during sun set and sun rise.

(3)     A cautionary Board indicating the extra-length of such vehicle shall be exhibited on the drawing vehicle in reflecting colours. The Board shall read as follows:

"Caution-Extra long vehicle."

Rule - 116. Distinguishing boards for goods vehicles.

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

Rule - 117. Inspection of transport vehicles and their contents.

(1)     Any police officer in uniform not below the rank of Sub-Inspector or any officer of the Motor Vehicles Department within his respective jurisdiction may at any time when a goods vehicle or a public service vehicle is in a public place, call upon the driver of such vehicles to stop the vehicles and to keep it at rest for such time as may be 'necessary to enable the police officer or the officer of the Motor Vehicles Department to make reasonable examination of the contents of the vehicle and the number of passenger, if any so as to satisfy himself that the provisions of the Act and these rules and the provisions and conditions of the permit in respect of the vehicle are being complied with.

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

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

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

(3)     In the event of a motor vehicle being stopped for examination under sub-rule (1), such officer shall give to the driver or any person in charge of the vehicle a certificate stating the date on which, the hour at which and the period for which the vehicle was detained.

Rule - 118. Inspection of brakes of transport vehicle.

Any officer of the Motor Vehicles Department not below the rank of an Assistant Inspector of Motor Vehicles, specially authorised in this behalf by the State Government, may at any time when a transport vehicle is in public place, call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable the officer to inspect the brakes of the vehicle so as to satisfy himself about compliance of the rules prescribed by Central Government in this behalf.

Rule - 119. Motor cabs fitted with fare meters.

(1)     A Regional Transport Authority may, by notification in the Official Gazette, require that within the limits of such area as may be specified in the notification all motor cabs or any class of motor cabs shall be fitted with [82][taxi meter].

(2)     Where a notification as aforesaid has been issued, permits in respect of any motor cab covered by the notification shall not be granted unless fitted with [83][taxi meter], except under the following conditions,

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

[84][(ii) the cabs shall not be let on hire from public stands or from public places];

[85][(iii) that other than the three wheeler auto rickshaw, the cabs such as the luxury or tourist or maxi cab or jeep type of motor cabs shall have an engine of not less than 980 c.c.]

(3)     The rule of fitment of fare meter will not be applicable to luxury or tourist or [86][maxi cab or jeep type of motor cab].

Explanation. For the purposes of this rule,

(i)       "luxury cab" means a motor cab with a licensed seating capacity of not less than three adult passengers excluding the driver, in respect of which a permit has been granted under the conditions specified in sub-rule (2);

(ii)      "tourist cab" means a motor cab for which a permit has been granted under sub-section (9) of Section 88 of the Act;

(iii)     [87]["jeep type of motor cab" means jeep type of motor vehicle with,

(a)      either a fibre re-enforced plastic or metal body and not canvas tops;

(b)      a seating arrangement especially of the seats on the rear, facing the front and across the width of the vehicle and separate entrances for the rear seats on two sides of the vehicle unless the seat in the front is collapsible and where such an arrangement cannot be provided, the seating arrangement on the rear consists of seats along the length of the vehicle and facing each other, with arm rests to provide support for the passengers against the lateral jerks and with two bars running along the length of the vehicle under the roof and fitted with the hanger straps made up of either rexine or leather material and a third entrance at the rear with steps to enable entry into the vehicle without undue difficulty;

(c)      the side entrances fitted with either half or full length doors.]

Rule - 120. Power of Inspector of Motor Vehicles to inspect taxi meters.

Any officer of and above the rank of Assistant Inspector of Motor Vehicles in uniform or any police officer not below the rank of Sub-Inspector, may, if he has reason to believe that a motor cab fitted with a taxi meter has been or is being plied with a meter which is defective or has been tampered with, stop such motor cab and, in order to test such taxi meter, direct the driver or the person in charge of such motor cab to cover a distance or connect the taxi meter to the measuring equipment to ascertain the accuracy of the taxi meter or to proceed to an institution referred to in sub-rule (1) of Rule 141 and take or cause to be taken such other steps as he may consider proper for the purpose.

Rule - 121. Licensing and regulation of conduct of agents for sale of tickets for travel by public service vehicles.

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

(2)     No person shall act as an agent of the owner of such public service vehicle and no owner shall so employ any person unless he has obtained an agent's licence in Form L. Ag. (PSV) of the First Schedule to these rules from the Regional Transport Authority concerned.

Explanation. For the purposes of this sub-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.

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

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

(5)     Application for an agent's licence shall be made in writing to the Regional Transport Authority of the region wherein the applicant resides, in Form L. Ag. A. (PSV) of the First Schedule to these rules and shall be accompanied by two clear copies of a recent photograph of the applicant and the prescribed fee.

(6)     The fee for an agent's licence shall be [88][hundred and fifty] rupees and the fee for its renewal or for the issue of a duplicate shall be [89][hundred] rupees.

(7)     An application for the renewal of an agent's licence shall be in writing enclosing the licence accompanied by the prescribed fee, addressed to the Regional Transport Authority, by which the agent's licence was issued. If the application for renewal accompanied by the appropriate fee prescribed under sub-rule (6) is not received on or before the date of expiry of the licence, the fee payable for the renewal of the licence shall be [90][hundred and fifty] rupees.

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

(9)     (i) The Regional Transport Authority may, for reasons to be recorded in writing, suspend or [cancel] revoke an agent's licence.

(ii) On an agent's licence being suspended, [cancelled] revoked or not renewed, it shall be surrendered forthwith to the Regional Transport Authority which issued the licence.

(10)   An agent shall, on demand by any Motor Vehicle Officer in uniform not below the rank of Assistant Inspector of Motor Vehicles produce his agent's licence for inspection.

(11)   The Regional Transport Authority may, specify that the agent shall wear a uniform of the type approved by it in that behalf.

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

(13)   The agent shall, while on duty, wear in a conspicuous place on his left breast, a metal badge as prescribed in the Second Schedule issued by the Regional Transport Authority on payment of a fee of [91][thirty] rupees along-with his name plate in black letters on transparent background in bold letters in English or Hindi. No agent shall lend or part with the badge to any other person and he shall surrender it to the Regional Transport Authority in the event of his licence being suspended, revoked or not renewed. If the badge is lost or destroyed, a duplicate badge shall be issued by authority which issued it on payment of [92][fifty] rupees.

(14)   The provisions of this rule shall apply to such districts, areas or routes and from such dates as the State Government may, by notification in the Official Gazette specify in this behalf.

Rule - 122. Lost property.

(1)     Where a permit holder or his employee receives any article under clause (xvii) of Rule 34 or under sub-rule (2) of Rule 20, 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, if claimed by not more than one person, the permit holder may after making such enquiries as he deems fit and if necessary after taking an indemnity agreement from the claimant, hand over the article to the claimant; and

(b)      the article if 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 or under sub-rule (xxix) of Rule 21, then the provisions of Sections 82 to 88 of the Bombay Police Act, 1951 (Bom. SS II of 1951) shall, so far as may be apply to such article as they apply in relation to unclaimed property under that Act.

Rule - 123. Licensing of agents.

In Rules 124 to 132 (both inclusive) unless the context otherwise requires,

(a)      "agent" means any person who engages in the business of collecting or forwarding and distributing goods carried by road by goods vehicle plying for hire;

(b)      "agent's licence" means a licence granted to an agent under sub-rule (4) of Rule 125, for the principal establishment and includes a supplementary licence granted to such agent for any additional establishment, such as branch officers specified in such supplementary licence; and

(c)      "licensing authority" means the 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 - 124. Prohibition to act as an Agent except under licence.

No person shall act as an agent unless he holds a valid licence authorising the carrying of his business of an agent at the place or places specified in the licence.

Rule - 125. Agent's licence.

(1)     Any person desiring to obtain an agent's licence shall make an application to the Regional Transport Authority of the region in which he has his place of business or as the case may be, his principal place of business. Such application shall be made in Form L. Ag. A. of the First Schedule.

(2)     The application shall be accompanied by the fee prescribed in Rule 129.

(3)     In considering an application made under this rule, the Licensing authority shall have due regard, among other things to,

(a)      the number of goods vehicles, if any, either owned by the applicant or under this control;

(b)      the suitability of accommodation, under the control of the applicant for the storage of goods at every operating place;

(c)      the facilities provided by the applicant for parking the goods vehicles while loading or unloading without hindrance to the general traffic in the area; and