Whereas, the Governor of Punjab
is of the opinion that for the purpose of providing an efficient, adequate,
economical and properly coordinated road transport service, it is necessary in
the public interest that road transport services in relation to certain areas
and routes should be run and operated by the State Transport Undertakings to
complete or partial exclusion of other persons; And whereas in exercise of the
powers conferred by section 99 of the Motor Vehicles Act, 1988 (Central Act No.
59 of 1988), the proposals regarding a Scheme for the aforesaid purpose were
formulated and objections thereto were invited as required under Section 100 of
the aforesaid Act, vide Government of Punjab, Department of Transport
Notification No. S.O. 39/C.A. 59/1988/Ss. 99 and 100/2017 dated the 19th July,
2017 and the amendment issued vide No. S.O. 50/C.A. 59/1988/Ss. 99 and 100/2017
dated 7th September, 2017; And whereas the objections
received in response to the proposals have been considered by the Government of
Punjab; Now, therefore in exercise of
the powers conferred by section 100 of the aforesaid Act, the Governor of
Punjab is pleased to notify, the following Scheme, namely:- (1)
This Scheme may be
called the Punjab Transport Scheme, 2018. (2)
It shall come into
force on and with effect from the date of its publication in the Official
Gazette. In the Scheme, unless the
context otherwise requires,- (a)
'Major District
Roads' means the roads notified as such by the Government of Punjab from time
to time; (b)
'National Highways'
means the roads notified as such by the Government of India from time to time; (c)
'Other District
Roads' means the roads notified as such by the Government of Punjab from time
to time; (d)
'Private Operator'
means any operator who may be granted permit under the Scheme, not being a
State Transport Undertaking; (e)
Rural Link Roads
means the roads notified as such by the Government of Punjab from time to time;
and (f)
'State Highways'
means the roads notified as such by the Government of Punjab from time to time. Movement of stage carriages on
all routes and/or roads in the State of Punjab, and on all routes and/or roads
to or from other States, shall be regulated as per the table below: Serial No. Classification of Routes % share of State Transport Undertakings % share of Private Operators Transport Vehicles to be allowed as Stage Carriages A Routes notified for service exclusively by State
Transport Undertakings (STUs) 100 0 With seating capacity 39 or more excluding driver, with
the further condition that air-conditioned stage carriages shall be run only
by State Transport Undertakings only out of their overall share in each
category. B Inter State Routes* 100 0 C National Highways within the State of Punjab 50 50 D State Highways/Main District Roads/Other District Roads 40 60 E Note: Rural Link Roads are not covered under the
Scheme. The permits thereon shall be dealt under Chapter V of the Motor
Vehicle Act, 1988 (Central Act No. 59 of 1988). Such stage carriages shall,
however, be allowed to travel upto 12 km on above categories of roads and
such particular stretch of road shall be mentioned on their permits. F Private Operators may get permits with upto 20% or 15
km of their route, whichever is less, on roads under Para A above. No
extension in such stretches of routes on permits granted to private operators
shall be allowed. G List of roads covered under the scheme is given in
Appendix 1. * (Provisions relating to
Interstate Routes subject to approval of Government of India) So as to curtail unhealthy
competition among stage carriages that results in over-speeding, unauthorised
stoppages and sudden braking causing discomfort to passengers on board and
threatens road safety, a computerised timetable and roster of movement,
thereof, keeping equity and public interest in view, shall be introduced within
one year, which shall be followed by private operators as well as STUs. Permits issued for a route,
shall carry the registration numbers of stage carriages that are to ply on that
route. The permit shall be displayed on
the vehicle in the manner prescribed by State Transport Commissioner. In case of Private Operators,
not more than 25% of the total permits earmarked for Private Operators of a
particular route, shall be issued to one firm/party/person on such route. Permits that were valid
immediately prior to coming into force of this Scheme, including - those issued for operation on
routes which became interstate upon reorganisation of the State of Punjab in
the years, 1966; and - those issued to private
operators for operation on routes notified under this Scheme for exclusive
operation by STUs, shall subject to: (i)
the provisions of
the Motor Vehicle Act, 1988; (ii)
the permits not
having been declared invalid by any court of Law; and (iii)
the operator
furnishing an undertaking to comply with all the terms and provisions of the
present Scheme, be revalidated under this Scheme. Holders of permits which are
revalidated under Para 9 above shall within 6 months of notification of this
Scheme and those who are granted fresh permits under this Scheme shall before
plying, ensure to the satisfaction of the authority notified by the Punjab
Government, that; (i)
Global Positioning
System and Radio Frequency Identification Tags, as specified by the Punjab
Government are installed on all stage carriages, to enable monitoring of their
entry and exit at bus stands, adherence to routes, speed, stoppages and
regularity of service by State Government and public; (ii)
Close Circuit TV
cameras, as may be specified by Punjab Government are installed in stage
carriages plying in the State and those entering the State from outside the
State, so as to check untoward incidents; (iii)
Panic buttons as may
be specified by Punjab Government that triggers an SMS/Call to nearest police
station along with Global Positioning System Location of the stage carriage,
are installed in the stage carriages; and (iv)
Undertake to be part
of a common digital platform with requisite devices on board, to enable
issuance of common tickets/passes for passengers travelling on stage carriages
in the State of Punjab. A holder of stage carriage permit
shall be liable for penal action and cancellation of permit, as provided under
the Motor Vehicles Act, 1988 and under the Punjab Motor Vehicles Rules, 1989 in
case of non-compliance of terms and conditions of the permit and/or any breach
of conditions specified in this Scheme: Provided, that the terms and
conditions contained in the clauses to the present Scheme shall be deemed to be
conditions contained in the permit issued hereunder: Provided further that, the
following shall be deemed to be conditions contained in the permit issued under
this Scheme and any operator, if found guilty of the same, shall be deemed to
have violated the conditions contained in the permit: a.
To be not adhering
to timings; or b.
Deviating from
route; or c.
Making un-authorised
stoppages; or d.
To have switched
off, or, removed, or tampered with the Global Positioning System at any time
irrespective of whether stage carriage is on the move or is stationary; or e.
Is without annual
road worthiness certificate; or f.
Overcharging or harassing
passengers by the staff; or g.
Being driven by
driver not holding proper license; or h.
Government
dues/taxes are not paid in time; or i.
Over-speeding; or j.
Endangering safety
of passengers; or k.
Any other conditions
that may be imposed from time to time in public interest under relevant
provisions of law.PUNJAB TRANSPORT SCHEME, 2018