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RECIPROCAL TRANSPORT AGREEMENT BETWEEN THE GOVERNMENTS OF BIHAR AND UTTAR PRADESH

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RECIPROCAL TRANSPORT AGREEMENT BETWEEN THE GOVERNMENTS OF BIHAR AND UTTAR PRADESH

RECIPROCAL TRANSPORT AGREEMENT BETWEEN THE GOVERNMENTS OF BIHAR AND UTTAR PRADESH

PREAMBLE

6.

75pt;background:transparent'>This agreement is made on the day of 6 May, 2016 between the Governor of Bihar through Principal Secretary, Department of Transport, Government of Bihar (hereinafter referred to as "the Government of Bihar", which expression shall include its successors in office) of the one part and the Governor of Uttar Pradesh through Principal Secretary, Department of Transport, Government of Uttar Pradesh (hereinafter referred to as "the Government of Uttar Pradesh", which expression shall include his successors in office) of the second part.

6.

75pt;background:transparent'>Whereas, it is expedient in view of the contiguity of the States of Bihar and Uttar Pradesh and rapid economic development of the country, to encourage the interstate transport of the passengers and goods between the State of Bihar and Uttar Pradesh and to regulate, coordinate and control their operations, it is necessary to make a reciprocal agreement between the two States;

6.

75pt;background:transparent'>And whereas, it is necessary in the interest of the public in general to enter into a fresh reciprocal agreement, in super-session of all previous agreements on the subject, between the State of Bihar and Uttar Pradesh on the terms and conditions hereinafter appearing. It is now Mutually Agreed by and between the above Parties as follows

6.

75pt;background:transparent'>1. This Agreement shall come into force from the date of publication of this agreement in Official Gazette.

2. General Concurrence for Issue of Temporary Permits.--

6.

75pt;background:transparent'>Section 88(7) of the Motor Vehicle Act, 1988 (hereinafter referred to as "Act") provide that notwithstanding anything contained in Section 88(1), a Regional Transport Authority of one region may issue a temporary permit under Section 87 to be valid in another Region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other Region or of the State Transport Authority of that other State, as the case may be. In view of this specific provision of the Act, it was agreed that Regional/State Transport Authority of both the States may issue temporary permits for goods carriages and contract carriage in pursuance of Clauses 4 and 6 of this agreement as per need without requirement of countersignature under Section 88(1) of the Act.

3. Goods Carriage 5 Years Permit Under Section 79 of the Motor Vehicles Act, 1988.--

6.

75pt;mso-list:l4 level1 lfo1; background:transparent'>(i)       It is agreed that the Goods Carriage permits granted by State Transport Authority, Uttar Pradesh shall be valid for whole of Bihar State subject to the countersignature by the State Transport Authority, Bihar, vice-versa permits granted by State Transport Authority, Bihar shall be valid for whole of the Uttar Pradesh subject to the countersignature by the State Transport Authority, Uttar Pradesh. These permits shall be countersigned by the Transport Authorities of the other State on the recommendations of the State/Regional Transport Authority concerned.

6.

75pt;mso-list:l4 level1 lfo1; background:transparent'>(ii)      The goods carriage operating under countersigned permits shall not be used for picking up and setting down of goods between any two points lying exclusively within the territory of the reciprocating State, that is to say, in such cases vehicles shall be prohibited from carrying on any business of transporting goods exclusively within the territory of the countersigning State and shall be subject to such conditions as the concerned Transport Authority may deem fit to impose under Sections 79 and 84 of the Act.

4. Goods Carriage (Temporary Permit).--

6.

75pt;mso-list:l1 level1 lfo2; background:transparent'>(i)       Subject to the provisions of clause (2) above, Goods Carriage permits as per need may be issued for a period not exceeding 30 (Thirty) days by either State in accordance with the provisions of Section 87 of the Act for plying on areas/routes in the other State as specified in the permit without any restriction on the number of permits and trips.

6.

75pt;mso-list:l1 level1 lfo2; background:transparent'>(ii)      These permits shall be issued subject to the following conditions--

6.

6.75pt;mso-list:l1 level2 lfo2; background:transparent'>(b)      That an operator shall abide by any other conditions which the Authority may deem fit to impose under Section 79(2) of the Act.

6.75pt;mso-list:l1 level2 lfo2; background:transparent'>(c)      So far as Uttar Pradesh is concerned tax payable to Government of Uttar Pradesh in respect of temporary permits shall be made through e-payment or Bank Drafts drawn on any Scheduled Commercial Bank of India. In case payment has been made through Bank Draft the temporary permits numbers shall be mentioned on the back of Bank Draft to avoid the possibility of its being misused or uligized against any other permit. Details of e-payment or the number, date and amount of the Bank Draft, as the case may be, shall be entered on the temporary permits. The bank draft shall be drawn in the name of the Transport Commissioner, Uttar Pradesh payable only at Headquarters of the Regional Transport Officer in whose area the vehicle enters in Uttar Pradesh. The bank drafts shall be handed over by the driver or person incharge of the vehicle on the border touching office of RTO/ARTO or mobile enforcement squad of the Transport Department which is nearest from the border before commencing the further journey. In case there is any deficiency in the amount of tax so remitted, it will be assessed and realised in cash at therefor which necessary receipt in the prescribed form will be issued forthwith.

5. Motor Cab Five Years permit under Section 74 of the Motor Vehicles Act, 1988.--

6.75pt;background:transparent'>The permits for motor cab contract carriage without restriction on their number belonging to each States shall be countersigned by the Transport Authority of the other State on the recommendation of the Regional/State Transport Authority concerned for the areas/routes specified in the permit. The countersignatures shall be subject to the condition that the vehicle will not pick up or set down any passenger between any two points within the territory of the other State.

6.

6.75pt;background:transparent'>(1) Contract Carriage Temporary Permit.--

6.75pt;background:transparent'>Subject to the provision of Clause (2) above, contract carriage temporary permits may be issued as per need by a Transport Authority of one State for a specific route connecting the specified terminals in the reciprocating State. However, if for some reason the validity of the permit issued by one State expires in the territory of other State, a fresh temporary permit shall be obtained from the Transport Authority within whose jurisdiction the vehicle happens to be at that time after the payment of necessary fees and taxes--

6.75pt;mso-list:l5 level1 lfo3; background:transparent'>(i)       Such temporary permits shall be subject to the following conditions--

6.75pt;mso-list:l5 level2 lfo3; background:transparent'>(a)      Such temporary permit shall be valid for a period not exceeding fifteen days.

6.75pt;mso-list:l5 level2 lfo3; background:transparent'>(b)      Passengers in excess of the seating capacity specified in the registration certificate shall not be carried and no standing passengers shall be allowed.

6.75pt;mso-list:l5 level2 lfo3; background:transparent'>(c)      The contract carriage shall be hired by a single party and shall be used for a single return journey.

6.75pt;mso-list:l5 level1 lfo3; background:transparent'>(ii)      Such temporary permits shall clearly specify the date of the outward and the date of the return journey. In case a certain party engaging a contract carriage on a temporary permit wishes to change the date of the return journey subsequent to the grant of the permit, it shall obtain permission in writing to that effect from the Transport Authority within whose jurisdiction the contract carriage happens to be at that time.

6.75pt;background:transparent'>(2) ??Special Permits under Section 88(8) of the Motor Vehicles Act, 1988.--

6.75pt;background:transparent'>There shall be no restriction on the number of special permits to be issued under Section 88(8) of the Act by the Transport Authorities of either State. Such permits shall be valid for a period not exceeding thirty days in the reciprocating State.

6.75pt;background:transparent'>So far as Uttar Pradesh is concerned tax payable to Government of Uttar Pradesh in respect of temporary permits shall be made through e-payment or Bank Drafts drawn on any Scheduled Commercial Bank of India. In case payment has been made through Bank Draft the temporary permit number shall be mentioned on the back of Bank Draft to avoid the possibility of its being misused or utilized against any other permit. Details of e-payment or the number, date and amount of the Bank Draft, as the case may be, shall be entered on the temporary permits. The back draft shall be drawn in the name of the Transport Commissioner, Uttar Pradesh payable only at Headquarter of the Regional Transport Officer in whose area the vehicle enters in Uttar Pradesh. The bank drafts shall be handed over by the driver or person in-charge of the vehicle on the border touching office of RTO/ARTO or mobile enforcement squad of the Transport Department which is nearest from the border before commencing the further journey. In case there is any deficiency in the amount of tax so remitted, it will be assessed and realised in cash at there for which necessary receipt in the prescribed form will be issued forthwith.

7. Taxation.--

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(i)       The taxes of the reciprocating State in respect of different types of vehicle operating on various class of permits will be payable as per provisions of Taxation Act and Rules of the respective State.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(ii)      However, all types of motor vehicles other than those used for commercial purposes exclusively owned by and used for the purposes of Government of one State shall be exempted from payment of all the taxes liveable in the reciprocating State.

8. Mode of Payment of Taxes.--

6.75pt;mso-list:l2 level1 lfo5; background:transparent'>(i)       For Uttar Pradesh-- The permit issuing authority shall ensure that all taxes of the reciprocating State are paid in advance either by e-payment or Demand Drafts drawn on any Scheduled Commercial Bank of India. Reciprocating State shall require recovery of its taxes at border touching office of RTO/ARTO or mobile enforcement squad of the Transport Department which is nearest from the border before commencing the further journey.

6.75pt;background:transparent'>In case advance payment of taxes either by e-payment or Demand Draft the details of e-payment or the number, date and amount of each demand draft through which taxes of the other State has been remitted shall be clearly endorsed on the face of the permits and same be sent to the Secretary, State Transport Authority, Bihar and in case of Uttar Pradesh shall be sent to the Transport Commissioner (Central pool), Uttar Pradesh Lucknow.

6.75pt;background:transparent'>In case where advance payment has not been made through e-payment, the Transport Authority of each State granting such permit shall direct the owner/driver to pay the taxes at the border touching office of RTO/ARTO or mobile enforcement squad of the Transport Department which is nearest from the border before commencing the further journey.

6.75pt;mso-list:l2 level1 lfo5; background:transparent'>(ii)      For Bihar-- In case of Bihar is concerned, tax payable to Bihar Government in respect of temporary permits shall be made through e-payment or Bank Drafts drawn on any Nationalised Bank of India. In case payment has been made through Bank Drafts, the temporary permit number shall be mentioned on the back of Bank Draft to avoid the possibility of its being misused or utilized against any other permit. Details of e-payment or the number, date and amount of the Bank Draft, as the case may be, shall be entered on the temporary permits. The Bank Draft shall be drawn in the name of the Transport Commissioner, Bihar payable at Patna. At the end of each month, the Bank Draft received at RTA/STA office shall be deposited in the core Banking Account Number of State Transport Commissioner, Bihar.

6.75pt;background:transparent'>In case of permits which require counter signature, tax shall be collected in STA Bihar at the time of counter signature by means of Demand Draft payable at any nationalized Bank.

6.75pt;mso-list:l2 level1 lfo5; background:transparent'>(iii)     Copies of all temporary permits and special permits together with details of e-payment or Demand Drafts drawn on any Scheduled Commercial Bank of India and other relevant information shall immediately be sent to the Secretary, State Transport Authority, Bihar and in the case of Uttar Pradesh copies of such temporary permits/special permits shall be sent to the Transport Commissioner (Central Pool), Uttar Pradesh, Lucknow along with details of e-payment or Demand Draft at monthly intervals.

9. Stage Carriage.--

6.75pt;background:transparent'>The operation of stage carriages shall be governed in the following manner--

6.75pt;mso-list:l0 level2 lfo4; background:transparent'>(i)       The operation of stage carriage on interstate routes between State of Uttar Pradesh and Bihar shall be according to details contain in Appendix A and B. The number of trips allocated for each State on each interstate route shall be fixed, as far as possible according to the kilometrage falling in each State. On nationalized routes the operators, other than the State Transport Corporation i.e. semi-government, joint ventures, private operators etc. may also be permitted to operate as per scheme prepared by the reciprocating States under Chapter VI of the Motor Vehicles Act, 1988 in this respect. If for any reason, it has not been possible to decide an application for grant of the permit and vacancy available with the quota allocated to the State concerned as per Appendix, the home state may issue temporary permits under Section 87(1)(c) of the Act for a maximum period up to four months under intimation to the reciprocating State. Permits granted/issued under this clause shall require counter-signature of the reciprocating State. It is provided that any vehicle, placed at the disposal and under the control of Undertaking by the owner of such vehicle under any arrangement entered into between such owner and the Undertaking for the use of the said vehicle by the Undertaking, shall also be permitted to operate on routes described in Appendix A notwithstanding anything contained in this Agreement.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(iii)     If for any reason, it has not been possible to decide an application for the renewal of the permit before its expiry, the home State may issue temporary permits under Section 87(1)(d) of the Act for a period up to four months under intimation to the reciprocating State and such temporary permits, subject to proviso set out below, shall require counter-signature of the reciprocating State:

6.75pt;background:transparent'>Provided that the application for renewal of permits has been submitted to the concerned authority within the time allowed for submission of renewal applications under Section 81(2) of the Act.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(iv)    Within 15 days from the date of issue regular/temporary permit the permit holder will have to submit application for countersignature to concern State otherwise granted permit may be revoked.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(v)      The stage carriages of reciprocating State will have to display logo or legend as prescribed by the State Transport Authorities of the concerned State.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(vi)    A trip for the purpose of this Agreement will mean one single trip. The route mentioned in appendix always mean the shortest direct route connecting the two terminals lying in the two States through vias mentioned and any discrepancy discovered later in the kilometrage shown in the said appendix shall promptly be corrected through correspondence between Transport Authorities of the two States and shall not be treated as modification of the Agreement.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(vii)   The initial time table shall be fixed by the permit granting authority on purely provisional basis, which shall be valid for a maximum period of four months, and shall be countersigned as such, to enable immediate operation of the service. During this period the countersigning authority shall in consultation with the permit granting authority finalise the time table.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(viii)  Fares, freights, tax and bus stops/stations shall be in accordance with the prevalent provisions/arrangement in respective States from time to time. The form of tickets issued in one State shall be deemed to be valid in the other State.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(ix)    No restriction shall be imposed by Countersigning Authority to pickup or setting down passengers on the portion of such route lying in concerned States

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(x)      The Secretary/Principal Secretary of the reciprocating States may, after completing necessary legal requirement, provide for operation on new routes and increase the trips on existing routes by mutual agreement in writing and such action taken by them shall be deemed to be part of this Agreement.

6.75pt;mso-list:l0 level1 lfo4; background:transparent'>(xi)    One permit shall be covered by one vehicle.

10. Countersignature.--

6.75pt;background:transparent'>Permits issued within the terms of reciprocal agreement by a State should normally be disposed of/countersigned immediately on presentation before the Region/State Transport Authority on the recommendations of the Secretary, Regional/State Transport Authority of the concerned States subject to payment of countersignature fee and other taxes due to the respective State.

11. General.--

6.75pt;mso-list:l3 level1 lfo6; background:transparent'>(i)       The respective reciprocating State shall accord recognition to the tax token, driver's and conductors' license, transport vehicle authorization, badge, certificate of fitness etc. issued under the relevant rules of each of two States in respect of their vehicles plying in accordance with this Agreement.

6.75pt;mso-list:l3 level1 lfo6; background:transparent'>(ii)      If the permit holder of a vehicle operating under permit issued by one State and countersigned by the other State fails to pay the taxes of the other State and after coming into arrears stop the operation, both the States shall assist each other in recovery of the tax from such defaulter.

6.75pt;mso-list:l3 level1 lfo6; background:transparent'>(iii)     With a view to provide comfortable and safe journey to the common passengers it is also agreed on the following point provided that it is not in violation of environmental pollution and other acts/rules--

6.75pt;mso-list:l3 level2 lfo6; background:transparent'>(a)      Up to age of 5 years of the vehicles maximum operational distance will be up to 620 K.M. distance including up and down service.

6.75pt;mso-list:l3 level2 lfo6; background:transparent'>(b)      Up to age of 5 to 10 years of the vehicles maximum operational distance will be up to 400 K.M. distance including up and down service.

6.75pt;mso-list:l3 level2 lfo6; background:transparent'>(c)      Up to age of 10 to 12 years of the vehicles maximum operational distance will be up to 250 K.M. distance including up and down service.

6.75pt;mso-list:l3 level2 lfo6; background:transparent'>(d)      No inter state permit shall be granted against the vehicles having age of more than 12 years.

6.75pt;mso-list:l3 level1 lfo6; background:transparent'>(iv)    This reciprocal Agreement shall come into force from the date of publication of this Agreement in Official Gazette and shall be valid for next ten years or till such time, a new Agreement is signed between the parties here to, which ever is earlier. This Agreement can be reviewed as and when need arises or may be rescinded for reasons to be given in writing by either party on six months prior notice.

6.75pt;background:transparent'>In witness whereof the parties hereto have signed this Agreement on this day first above written.

APPENDIX A

Details of routes for operation of STU's

6.75pt;background: transparent'>APPENDIX B

6.75pt;background: transparent'>Details of routes for private operation

6.75pt;background:transparent'> 

6.75pt;background:transparent'> 

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