PREAMBLE
The
following draft of certain rules which the State Government proposes to make in
exercise of the powers conferred by section 4, 28, 38, 65, 95, 96, 107, 111,
138 and 176 read with section 211 of the Motor Vehicles Act, 1988 (Central Act
59 of 1988), is hereby published as required by sub-section (1) of section 212
of the said Act for information of all persons likely to be affected thereby
and notice is hereby given that the said draft would be taken into
consideration after the expiry of a period of 45 days from the date on which
the copies of the notification as published in the Official Gazette are made
available to the public.
Any
objections or suggestions which may be received from any person with respect to
the said draft rules before the expiry of the period so specified shall be
considered by the State Government.
Rule - 1. Short title, extent and Commencement.
(1)
These rules
may be called the Sikkim Motor Vehicles (Amendment) Rules, 2006.
(2)
They shall
extend to the whole of Sikkim.
(3)
They shall
come into force on such date as the State Government may by Notification
appoint.
Rule - 2. Insertion of new definition clause.
In the
Sikkim Motor Vehicle Rules, 1991(herein after referred to as the said rules),
in rule 2,:-
(1)
after clause
(g) the following clause shall be inserted, namely:-
"(ga) "Hill Roads" means all roads in Sikkim."
(2)
after clause
(h) the following clause shall be inserted, namely:-
"(ha) "Luxury tourist Vehicle" means those vehicles (motor
cabs) whose price range from Rs. 6 Lakhs and above and the vehicle shall be
fitted with AC, music system, power window and power steering etc."
Rule - 3. Substitution of rule 6.
In the said
rule for rule 6 the following shall be substituted namely:-
"6. Authorisation for certain licenses for hill roads of Sikkim-
"No
person who is in possession of a driving license issued from outside Sikkim
(except those issued from hilly regions) shall drive a Transport vehicle
(Light, Medium or Heavy) on the hill roads of Sikkim unless he obtains an
authorisation to drive such vehicles from any Licensing Authority in Sikkim
with a permission to drive upon the hill roads in Sikkim duly making an
application and payment of Rs. 50/-. The authorization would be issued subject
to his competence to drive on the hill roads."
Rule - 4. Insertion of new rule 6A and 6B.
In the said
rules, after rule 6, the following rules shall be inserted, namely:-
"6A. Certain condition for renewal of Transport driving license-
An application
for renewal of Transport driving license may beside other requirements should
enclose a certificate of passing a refresher course at any one of the
recognized Driving Training School or from the Road Safety Cell of the Traffic
Police.
6B. Authorisation to drive Luxury Tourist Vehicles-
No person
shall drive a Luxury Tourist Vehicle unless he obtains an authorization from
any Licensing Authority in Sikkim to drive such vehicles duly making an
application and on payment of Rs. 50/-."
Rule - 5. Insertion of Sub-rule 2 in Rule 8.
In the said
rules, the rule 8 shall be re-numbered as sub-rule (1) and the following sub
rule shall be inserted namely:-
"(2) Every application for
driving license under sub rule (1) of rule 14 of the Central Motor Vehicles
Rules, 1989, in addition to the documents required under rule 4 of the Central
Motor Vehicle Rules,1989 the applicant shall produce a certificate issued by
the Officer-in-charge of the local police station or Panchayat under which the
applicant resides verifying thereon the address of the applicant or a similar
certificate from a Gazetted Officer, subject to the satisfaction of the
Licensing Authority."
Rule - 6. Amendment of rule 20.
In the said
rule for sub-rule (iv) of rule 20, the following shall be substituted, namely:-
"(iv) Shall be clean and
properly dressed and shall not drive while wearing open sandle or chappal
on."
Rule - 7. Insertion of new rule 23(A).
In the said
rule, after rule 23, the following rule shall be inserted namely;-
"23(A) validity of the licence of Driving Schools and
Establishments:-
"The
validity of the licence of the Driving Schools and Establishments shall be
subject to fulfillment of "General conditions" prescribed under rule
27 of the Central Motor Vehicles rules, 1989, which shall be certified by the
Licencing authority or any other competent authority on an annual basis."
Rule - 8. Insertion of new rule 38A.
In the said
rule after rule 38, the following rule shall be inserted namely:-
"38A. Enquiries to be made by the Registering Authority:-
(1)
Upon the
receipt of an application for registration or for any other purpose under the
Act, the registering authority shall make such enquiries as may be reasonably
necessary to establish the identity, eligibility and bonafides of the
applicant.
(2)
Every
application for registration under section 41 of the Act, where the document
required under clause (e) of sub-rule (1) of rule 47 of the Central Motor
Vehicles Rules, 1989, is not furnished shall also be accompanied by a
certificate issued by the Officer-in-charge of the local police station under
which the applicant resides verifying thereon the address of the applicant or a
similar certificate from an officer of the Central or State Government subject
to the satisfaction of the registering authority.
(3)
Every
application for transfer of ownership of a motor vehicle under section 50 of
the Motor Vehicles Act, 1988 shall also be accompanied by a sale-receipt issued
by the transferor in the format as may be specified by order of the State
Government."
Rule - 9. Amendment of rule 39.
In the said
rule for sub-clauses (a), (b), (c), (d), (e) of sub-rule (IA) of the rule 39
following shall be substituted, namely:-
|
(b) Light
Motor Vehicle
|
-
|
Rs. 200/-
|
|
(c) Medium
Motor Vehicle
|
-
|
Rs. 300/-
|
|
(d) Heavy
Motor Vehicle
|
-
|
Rs.
400/-"
|
Rule - 10. Amendment of rule 93.
In the said
rules, in rule 93, for the existing sub-rule (2) the following shall be
substituted, namely:-
"(2). Fee for grant and renewal of permit other than temporary and
special permit:-
(a)
Goods
carriage to ply within Sikkim
|
(i)
Initial grant of permit
|
- Rs.
10,000/- for 5 years
|
|
(ii)
Renewal of permit
|
- Rs.
7500/- for 5 years.
|
(b)
Contract
Carriages
|
(other
than Motor Cab and Maxi Cab)
|
(i)
Initial grant of permit
|
|
|
|
(Originating
from Gangtok)
(ii)
Renewal of permit.
|
- Rs.
10,000/- for 5 years.
|
|
(C)
|
(i)
Initial grant of permit
|
- Rs.
5000/- for 5 years.
|
|
|
(Originating
from District
|
- Rs.
7000/- for 5 years.
|
|
|
(ii)
Renewal of permit
|
- Rs.
4000/- for 5 years
|
|
(d)
|
(i)
Initial grant of permit
(originating
from other places)
|
- Rs.
5000/- for 5 years.
|
|
|
(ii)
Renewal of permit
|
- Rs.
3000/- for 5 years
|
(e) Contract Carriages
(Motor cab and Maxi cab)
|
(i) Initial
grant of permit for Motor Cab for (local taxi) Gangtok and surrounding areas
i.e. 20 KM from Gangtok.
|
- Rs.
10000/- for 5years.
|
|
(ii)
Renewal of permit years
|
- Rs.
5000/- for 5 years.
|
|
(f) (i)
Initial grant of permit for motor cab (local taxi) for District Headquarters.
|
- Rs.
5000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
3000/- for 5 years.
|
|
(g) (i)
Initial grant of permit for motor cab (local taxi) for other places.
|
- Rs.
2000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
2000/- for 5 years.
|
|
(h) (i)
Initial grant of permit for maxi cab (taxi) originating from Gangtok.
|
- Rs.
5000/- for 5 years.
|
|
(ii)
Renewal of permit.
|
- Rs.
3000/- for 5 years
|
|
(i) (i)
Initial grant of permit for maxi cab
(taxi)
originating from other Distric Headquarters.
|
- Rs.
3000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
2500/- for 5 years
|
|
(j) (i)
Initial grant of permit maxi cab (taxi) for other places.
|
- Rs.
2000/- for 5years.
|
|
(ii)
Renewal of permit
|
- Rs.
2000/- for 5 years
|
|
(k) Stage
Carriages.
|
|
|
(i)
Initial grant of permit for Stage
Carriage
originating from Gangtok.
|
- Rs.
5000/- for 5years.
|
|
(ii)
Renewal of permit
|
- Rs.
3000/- for 5 years
|
|
(l) (i)
Initial grant of permit for Stage Carriages originating from District
Headquarters.
|
- Rs.
3000/- for 5 years.
|
|
(ii) Renewal
of permit
|
- Rs.
2000/- for 5 years.
|
|
(m) (i)
Initial grant of permit for Stage Carriages originating from other Places.
|
- Rs.
2000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
1500/- for 5 years.
|
|
(n) Luxury
Tourist Vehicles.
|
|
|
(i)
Initial grant of permit for 5 seats
|
- Rs.
10000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs. 7500
for 5 years
|
|
(o) (i)
Initial grant of permit for 4 seats
|
- Rs.
8000/- for 5 years.
|
|
(ii)
Renewal of permit years
|
- Rs.
6000/- for 5
|
|
(p) (i)
Initial grant of permit beyond 5 seats and upto 16 seats.
|
- Rs.
15000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
10,000/-for 5 years.
|
|
(q) (i)
Initial grant of permit beyond 16 seats
|
- Rs.
20000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
15,000/- for 5 years
|
|
(r)
Private Service Vehicle
|
|
|
(i)
Initial grant of permit
|
- Rs.
5000/- for 5 years.
|
|
(ii)
Renewal of permit
|
- Rs.
5000/- for 5 years
|
(s) Late fee.
The fees for
renewal of route permits for all categories of motor vehicles shall be paid
within a grace period of 15 days from the date on which fees become payable.
The penalty shall be imposed after the expiry of the grace period. If the last
date of the grace period is a Sunday or a public holiday, the fee shall be
accepted without penalty on the next working day. The penalty payable shall be
as under:
(i)
After the
expiry of 15 days (Grace period) the penalty shall be 50% on the fee
prescribed.
(ii)
After the
expiry of 30 days the penalty payable shall be 100% on the fee prescribed.
|
(t) Fee
for grant or renewal of countersignature of permit:-
|
|
(i) Goods
carriages
|
Rs. 3000/-
Per Annum.
|
|
(ii) Stage
carriages
|
Rs. 3000/-
Per Annum.
|
|
(iii)
Contract carriages
|
Rs. 3000/-
Per Annum.
|
|
(other
than motor cab/maxi cab)
|
|
|
(iv)
Contract carriages
|
Rs. 2500/-
Per Annum.
|
|
(motor
cab/maxi cab)
|
|
|
(u) Fee
for grant of recommendation for counter signature of permit;-
|
|
(i) Goods
carriages
|
Rs. 2500/-
Per Annum.
|
|
(ii) Stage
carriages
|
Rs. 2500/-
Per Annum.
|
|
(iii)
Contract carriages
|
Rs. 2500/-
Per Annum.
|
|
(other
than motor cab/maxi cab)
|
|
|
(iv)
Contract carriages
|
Rs. 700/-
Per Annum."
|
Rule - 11. Insertion of new sub-rule (3b) in rule 93.
(Motor
cab/maxi cab)
In the said
rule after sub-rule (3a) of rule 93 the following sub-rule shall be inserted
namely:-
"(3b) Application fee for issue or renewal of permits:-
|
|
|
|
(i) Goods
carriages
|
Rs. 300/-
|
|
(ii) Stage
carriages
|
Rs. 300/-
|
|
(iii)
Contract carriages
(other
than motor cab/maxi cab)
|
Rs. 300/-
|
|
(iv)
Luxury tourist vehicle (motor cab)
|
Rs. 500/-
|
|
(v) Luxury
tourist Vehicles (other than motor cab)
|
Rs. 700/-
|
|
(vi)
Contract carriages (Motor cab/maxi cab)
|
Rs. 200/-
|
|
(vii)
Private service vehicles
|
Rs.
200/-"
|
Rule - 12. Amendment of rule 93.
In the said
rule for sub-rule (3) of rule 93 the following shall be substituted namely:-
"(3) The fee for grant of
temporary permit or special permit shall be as follows:-
|
(i)
|
Goods
carriages
|
Rs.
300/-per trip
|
|
(ii)
|
Stage
carriages
|
Rs. 200/-
per week Rs. 800/- per month
|
|
(iii)
|
Contract
carriages
(other
than motor cab/maxi cab)
|
Rs. 200/-
per week Rs. 800/- per month
|
|
(iv)
|
Contract
carriages (motor cab and maxi cab)
|
Rs. 100/-
per week Rs. 400/- per month"
|
Rule - 13. Amendment of rule 97.
In sub-rule
(1) of rule 97, the words "two hundred fifty rupees" shall be
substituted by words "five hundred rupees" and the words "five
hundred rupees" shall be substituted by words "seven hundred rupees,
respectively."
Rule - 14. Amendment of rule 110.
In the said
rule, in rule 110 for sub-clauses (i) and (ii) the following clauses shall be
substituted, namely:-
|
"(i)
|
Goods
carriages, Stage carriages, Contract carriages other than Motor cab and maxi
cabs
|
Rs. 2000/-
|
|
(ii)
|
Contract
carriages
(motor
cabs and maxi cabs)
|
Rs. 1000/-"
|
Rule - 15. Insertion of new Sub-rule 5 and 6 in rule 160.
In the said
rule, after sub rule (4) of rule 160 the following sub rules shall be inserted
namely:-
"(5) The State government may
by Notification restrict the use of horns in certain areas or portions of the
road.
(6) No motor vehicle shall use
horn at night (between 10 p.m. and 6 a.m.) in residential areas except in
exceptional circumstances."
Rule - 16. Amendment of rule 177.
In the said
rule after sub rule (2) of rule 177 the following sub rule shall be inserted
namely:-
(3) Playing of radio/tape/TV etc. in a motor vehicles:-
(i)
No radio set
or cassette player, microphone or video set, T.V. set or any other apparatus to
display any object on the screen with or without provision for amplification of
any sound or voice etc. in a motor vehicle shall be operated in such a way as
to be a nuisance to the public.
(ii)
No
television set or video shall be fitted or kept on or near the dashboard of a
motor car or other vehicles within the view of the driver.