THE BIHAR MOTOR VEHICLES RULES, 1992

Preliminary

Rule - 1. Short title, application and commencement.?

(i)       These Rules may be called the Bihar Motor Vehicles Rules, 1992.

(ii)      They shall come into force at once.

(iii)     They shall, save as otherwise expressly provided, apply to, and in relation to, all motor vehicles in the State of Bihar.

Rule - 2. Definition.?

In these Rules, unless, the context otherwise requires.?

(a)      'Act' means the Motor Vehicles Act, 1988 (59 of 1988).

(b)      'Rule' means the Bihar Motor Vehicles Rules, 1992.

(c)      'Section' means a section of the Act.

(d)      'Passenger1 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.

(e)      'Form' means a form as set forth in the schedule appended to these Rules.

(f)       'State' means the State of Bihar.

(g)      'District Transport Officer' means any officer appointed as such by the State Government and it includes Additional District Transport Officer.

(h)     'Motor Vehicle Inspector or Inspector of Motor Vehicles' means any officer appointed as such by the State Govt, to perform the functions of Motor Vehicle Inspector. Motor Vehicles Inspector includes an officer having the requisite qualifications and authorised by the State Government to perform the functions of the Motor Vehicles Inspector. Motor Vehicles Inspector includes Assistant Motor Vehicles Inspector,

(i)       'Deputy Transport Commissioner/Assistant Transport Commissioner' means any officer appointed as such by the State Government for any area to perform the function of Secretary, Regional Transport Authority and it includes the Regional Transport Officer and the Asstt. Regional Transport Officer,

(j)       'State Transport Commissioner' means any officer appointed as such by the State Government to perform the function of Director of Transport under the Act and the rules made thereunder.

(k)      'Joint State Transport Commissioner'/'Deputy State Transport Commissioner's/Asstt. State Transport Commissioner's' means any officer appointed as such by the State Government to perform the functions of Joint Transport Commissioner/Dy. Transport Commissioner/ Asstt. Transport Commissioner under the Act. 

Licensing of Drivers of Motor Vehicles

Rule - 3. Licensing Authority.?

The District Transport Officer shall be the Licensing Authority.

Rule - 4. Testing Officer.?

(1)     Licensing Authority, the Motor Vehicle Inspector or any officer not below the rank of the Inspector of Police or the Sergeant Major nominated by the Licensing Authority, shall be the Testing Officer for the purpose of a test under sub-section (5) of Section 8 and sub-section 3 of Section 9 of the Act:

Provided that it shall be lawful for the Licensing Authority or any person nominated by it in that behalf to have more than one test.

(2)     Every application for a test to obtain a learner's licence, driving licence or an authorisation to drive transport vehicle, shall be made in Form P.C.A.T and shall be accompanied by the fee specified in Rule 6 of these Rules or in Rule 32 of the Central Motor Vehicles Rules, 1989, as the case may be.

(3)     Subject to the provisions of sub-section (6) of Section 9 the applicant shall furnish serviceable vehicle and present himself for the test at such time and place as may be specified by the Testing Officer concerned.

Rule - 5. Appellate Authority.?

The authority empowered to hear appeals against the orders of the Licensing Authority refusing to issue any learner licence or to issue or renew any driving licence or to and a class or description of Motor Vehicle to any driving licence or revoking any driving licence under provisions of Section 14 of disqualifying the holder from holding or obtaining driving licence or revoking such licence under the provision of sub-section (1) of Section 19 shall be District Magistrate.

Rule - 6. Fees payable under Chapter-ll of the Act.?

The fees to be paid under Chapter-ll of the Act shall be?

(i)       In respect of such test for grant of learner's licence, under Rule 4, twenty rupees,

(ii)      in respect of grant of driving licence, fifty rupees,

(iii)     in respect of a replacement of photograph on a licence, under Rule 12, ten rupees,

(iv)    in respect of duplicate driving licence under Rule 13, thirty rupees,

(v)      in respect of a test for grant of authorisation, under Rule 18, twenty rupees,

(vi)    in respect of an appeal under Rule 20, thirty rupees,

(vii)   in respect of each copy of any document, under Rule 20, twenty rupees,

(viii)  in respect of every copy of particulars of driving licences, under Rule 21, ten rupees, and

(ix)    fee payable for issue of Medical Certificate under sub-section (3) of Section 8 shall be Rs. 10/-.

Rule - 7. Exemption from payment of fees.?

(1)     The State Government may, by general or special order, exempt, totally or partially, any person or class of persons, from payment of all or any portion of the fees payable under Chapter-I of the Act.

(2)     (a) The persons employed in the service of the State Government for driving motor vehicles.

(b) The Ex-service persons on production of a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union.

(c) Sub Diplomatic Officers or Consular Officers as the State Government may, by general or special order specify in this behalf, shall be exempted from the fees payable for the test of competence to drive, issue or renewal of learner's licences, the issue or renewal of driving licence, and the test for issue of learner's licence.

Rule - 8. Form of communication.?

The Licensing Authority shall communicate with another Licensing Authority in Form D.I. COM for the purpose of intimation?

(a)      The addition of other class or description of motor vehicle, under Section 11, or

(b)      the renewal of a driving licence under Section 15, or

(c)      the revocation of a driving licence, under Section 16, or

(d)      the revocation of a driving licence or the disqualification of a holder of a driving licence, under Section 19, or

(e)      the endorsement of a sentence of imprisonment on a driving licence, under Section 24, or

(f)       the replacement of a photograph, under Rule 12, or

(g)      the change of address, under Rule 14, or

(h)     the grant of authorisation to drive a transport vehicle, under Rule 18.

Rule - 9. Power to make enquiries of applicant for 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 - 10. Automobile Associations recognised for issue of a driving certificate.?

The State Government recognises the following automobile associations for the purpose of proviso to sub-section (3) of Section 9, namely:?

(1)     The Western India Automobile Association

(2)     The Automobile Association of Southern India

(3)     The Automobile Association of Eastern India

(4)     The Automobile Association of Upper India

(5)     The Uttar Pradesh Automobile Association

Rule - 11. Seal on the photograph.?

The photograph of the holder when affixed to any learner's licence issued under Chapter-I I of the Act, shall be sealed with a seal of the licensing authority in such a manner that the part of the impression of the seal is upon the photograph part on the margin in the licence.

Rule - 12. Replacement of the photograph.?

(1)     Where, at any time, it appears to a Licensing Authority that the photograph affixed to any licence issued under Chapter-ll of the Act has ceased to be a clear likeness of the holder the licensing authority may require the holder to surrender the 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 photographs accordingly.

(2)     Where the holder fails to comply with such requisition made by the licensing authority, the licence shall cease to be valid on the expiry of the said period.

(3)     Where, at any time, a holder of a licence so desires, a Licensing Authority may replace the photograph on his licence by a recent photograph of himself.

(4)     Upon the receipt of the copies of photograph as provided in sub-rule (1) or sub-rule (3) the Licensing Authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph and note the date of such replacement, and return the licence to the holder, and shall, if it is not the Licensing Authority by which the licence was issued; forward the second copy of the photograph to that authority.

(5)     The fee, for replacing a photograph under this rules, is provided in Rule 6 and shall be paid alongwith the photograph and application.

Rule - 13. Issue of duplicate driving licence.?

(1)     Where at any time any driving licence is lost, destroyed, torn, defaced or mutilated the holder shall forthwith report the matter to the original Licensing Authority and shall apply for issue of a duplicate licence, in Form L.L.D. alongwith the fee prescribed under Rule 6 and, where a photograph is required to be affixed to a duplicate licence, two clear copies of are cent photograph of himself.

(2)     Upon the receipt of such report the Licensing Authority shall, after making such enquiries as it may think fit, if statisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped 'Duplicate' in red ink and the date of issue of the duplicate:

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 of or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate licence and make the necessary endorsement thereon.

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

(4)     If, at any time, it appears to a Motor Vehicles Inspector or to a licensing authority that a driving licence held by any person is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Motor Vehicle Inspector or the authority may, by order in writing, impound the driving licence and require the holder, to obtain a duplicate driving licence.

Rule - 14. Change of address.?

(1)     If the holder of a driving licence ceases to reside or have his place of business at the address recorded in the driving licence, he shall, within thirty days of any such change of address, intimate his new address, to the licensing authority by which the licence was issued, and, if the new address is within the jurisdiction of another licensing authority, to that other Licensing Authority.

(2)     Upon the receipt of such intimation, if it is not the Licensing Authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority.

Rule - 15. General duties, functions and conduct of drivers of transport vehicles.?

The driver of a transport vehicle:?

(a)      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 or otherwise, in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;

(b)      shall not knowingly drive the vehicle when there is not sufficient fuel in the vehicle to enable him to reach the next fuel pump on the route;

(c)      shall not loiter or unduly delay upon any journey but shall proceed to the destination with all reasonable despatch;

(d)      shall, at all times, exercise all reasonable care and diligence to maintain the vehicle in a fit and proper condition and shall not knowingly drive the vehicle when the vehicle or any brake, tyre or lamp thereof is in a defective condition likely to render the driving of such vehicle a source of danger to persons and vehicles using such place;

(e)      shall behave in a civil and orderly manner towards passengers, intending passengers or the hirer of the vehicle;

(f)       shall take all reasonable precautions to prevent the goods or the luggage, from being speiled or lost, on the way;

(g)      shall, as far as may be reasonably possible having regard to his duties, be responsible for due observance of the provisions of the Act and the rules made thereunder.

Rule - 16. Additional duties, functions and conduct of drivers of public servicevehicles.?

The driver of a public service vehicle:?

(a)      shall not smoke while on duty,

(b)      shall be cleanly dressed and in the manner specified by the State Government. Provided that when drivers of such vehicles are or are liekly 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.

(c)      shall maintain the vehicle in a clean and sanitary condition during its use in a public place.

(d)      shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical break down or other cause beyond his control, arrange to convey the passengers to their destination in some other similar vehicle, or, if unable to arrange within a period of an hour after the failure to proceed to the destination, shall on demand, arrange to refund to passengers a proper portion of the fare relating to the completion of the journey for which the passengers had paid the fare.

(e)      shall see that no passenger smokes in the vehicle when the same is being filled up with fuel.

(f)       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 as found and shall, as soon as may be convenient, handover the same to the Officer-in-Charge of the nearest police station or the permit holder.

(g)      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.

Rule - 17. Temporary authorisation in lieu of a License.?

(a)      When the holder of a licence has submitted the licence to a licensing or other authority for renewal, or for obtaining an authorisation to drive a public vehicle, and has deposited the prescribed fee, or when any Court of other competent authority or a police officer, otherwise than under sub-section (2) of Section 206 has taken temporary possession of a licence for any purpose and the licence has not been suspended or cancelled the licensing or other authority, or the police officer or the Court or other competent authority, as the case may be, shall on demand by the holder, furnish him with a receipt for the licence and temporary authorisation to drive, in Form L.Tem. During such period as may be specified in Form L. Tern, the production thereof on demand shall be deemed to be production of the licence.

(b)      Until the licence has been returned to the holder, he shall not be entitled to drive a motor vehicle (without being in possession of his licence) beyond the period specified in the temporary authorisation as aforesaid:

Provided that the authority, Court or police officer by which the temporary authorisation aforesaid was granted, may, in its or his discretion by order in writing, endorsed thereon, extend the period for which the temporary authorisation is valid.

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

Rule - 18. Grant of authorisation to drive a transport vehicle.?

(1)     No person shall drive a transport vehicle unless an authorisation in the driving licence shall have been granted by the Licensing Authority.

(2)     No person shall hold more than one authorisation to drive a similar kind of public service vehicle.

(3)     No authorisation to drive a transport vehicle shall be granted unless the applicant satisfies the Licensing Authority that:?

(a)      he has adequate knowledge of the provisions of the Act and the Rules made thereunder relating to duties, functions and conduct of drivers of transport vehicles to which the application refers,

(b)      he possesses a good moral character, and

(c)      he possesses minimum educational qualification that may be prescribed by the Central Govt. in this behalf.

(4)     The holder of a driving licence may at any time apply to the licensing authority in Form T.V.A. for the grant of authorisation to drive a transport vehicle, such application shall be accompanied by:?

(a)      a report of moral character obtained from the police station of the area in which the applicant resides,

(b)      a proof of educational qualification as may have been, prescribed by the Central Govt. under sub-section (4) of Section 9, and

(5)     If the Licensing Authority is satisfied that the applicant is in all respect fit to be granted an authorisation to drive a transport vehicle, the driving licence shall be endorsed accordingly. The licensing authority shall then return the driving licence to the applicant thereof, and at the same time, if the driving licence was issued by another licensing authority, send an intimation to such licensing authority. The licensing authority shall refuse to grant or countersign the authorisation if it finds that the applicant is not a fit and proper person to be entrusted with the safe carriage of passengers and their personal luggage or of goods.

Rule - 19. Badges of drivers of public service vehicles.?

(1)     Driver of a public service vehicle shall display on his left chest a badge, in the form illustrated in the Second Schedule appended to these Rules, inscribed with the particulars specifiedin the said schedule.

(2)     No driver of a public service vehicle shall display the badge held by him if the authorisation to drive such vehicle is suspended or revoked by any authority or if his driving licence has ceased to be valid by efflux of time.

Rule - 20. Manner of appeals.?

(1)     An appeal under Rule 5 shall be perferred induplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred and shall be accompanied by a certified copy of that order and the fee prescribed under Rule 6.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of the fee prescribed under Rule 6.

(3)     The Appellate Authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of the fee prescribed under Rule 6.

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

(5)     The appellate authority, after giving an opportunity to be heard, and after such further enquiry, if any, as it may deem necessary, may confirm, vary, or set aside the order against which the appeal is preferred, and shall make an order accordingly.

Rule - 21. Supply of copies of particulars of driving licence.?

A licensing authority may in its discretion supply copies of particulars of driving licence issued by it, to any person who may apply for the same alongwith a fee prescribed under Rule 6.

Rule - 22. Exemption of drivers of road-rollers.?

Provisions of Chapter-ll of the Act shall not apply to the drivers of road-rollers.

Rule - 23. Maintenance of State Register of Driving License.?

(1)     Every Licensing Authority shall furnish a monthly report in duplicate, containing particulars required in the form of State Register of Driving Licenses, prescribed by the Central Govt., to the State Transport Commissioner, within ten days of the succeeding each month.

(2)     The State Transport Commissioner shall forward a quarter's compiled report in duplicate, of particular received from all the licensing authorities, to the Director (Transport-Research) Ministry of Surface Transport, New Delhi within fifteen days of the succeeding month after the concerned quarter.

(3)     Notwithstanding anything contained in sub-rules (1) and (2) the State Govt. may from time to time issue directions to the licensing authorities or the State Transport Commissioner for the purpose of carrying into effect the provision of Section 26.

(4)     The State Transport Commissioner shall forward a compiled report in duplicate of the reports received from all the licensing authorities to the Ministry of Surface Transport, Govt. of India within 15 days of the succeeding month after a succeeding quarter.

Licensing of Conductors of State Carriages

Rule - 24. The Licensing Authority.?

The District Transport Officer shall be the Licensing Authority.

Rule - 25. Appellate Authority.?

The authority empowered to hear appeals against the orders of Licensing Authority refusing to issue or renew any conductor's licence or revoking any conductor's licence, or disqualifying the holder from holding or obtaining a conductor's licence under the provisions of sub-section (1) of Section 34, shall be District Magistrate of the District in which the aggrieved person ordinarily resides.

Rule - 26. Fees payable under Chapter-III of the Act.?

The fees to be paid under Chapter-Ill of the Act shall be?

(i)       In respect of a test for grant of conductor's licence, under Rule 30, twenty rupees.

(ii)      In respect of grant of conductor's licence, thirty rupees,

(iii)     In respect of issue of a badge or its replacement under Rule 31, twenty rupees,

(iv)    In respect of replacement of photograph on conductor's licence, under Rule 34, ten rupees,

(v)      In respect of duplicate conductor's licence, under Rule 35, twenty rupees,

(vi)    In respect of appeal under Rule 37, twenty rupees,

(vii)   In respect of each copy of any document, under Rule 37, twenty rupees.

Rule - 27. Form of communication.?

The Licensing Authority shall communicate with another Licensing Authority in Form C. L. Com., for the purpose of intimating.?

(a)      the renewal of a conductor's licence,

(b)      the revocation of conductor's licence,

(c)      the disqualification of a holder of a conductor's licence,

(d)      the replacement of a photograph on a conductor's licence, and

(e)      the change of address.

Rule - 28. Restrictions on the holding of conductor's licence.?

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

Rule - 29. Duties, functions and conduct of conductor's of stage carriage.?

The conductor of a stage carriage:?

(a)      Shall not loiter or unduly delay upon any journey but shall proceed to the destination in accordance with the time table pertaining to the trip?

(b)      Shall not smoke while on duty.

(c)      Shall not interfere with persons mounting or preparing to mount upon any other vehicle.

(d)      Shall not allow any person to be carried in the vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle, and any additional number of passengers permitted to be carried standing under the terms of the permit.

(e)      Shall not, save for good and sufficient reason, refuse to carry any person tendering the legal fare:

Provided that this clause shall not apply to any Govt. servant or class of Govt. servants on duty, as the State Govt. may, time to time, by notification in the Official Gazette, specify in this behalf.

(f)       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.

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

(h)     Shall not be under the influence of any intoxicating drink or of a drug, while on duty.

(i)       Shall behave in a civil and orderly manner towards passengers and intending passengers.

(j)       Shall take all reasonable precautions to prevent the goods or the luggage, from being miscarried spoiled or lost, on the way.

(k)      Shall be cleanly dressed and in the manner specified by the State Govt. Provided that nothing in this clause shall apply to persons lawfully working as conductors in accordance with Rule 38.

(l)       Shall maintain the passenger's compartments in a clean and sanitary condition during its use in a public place.

(m)    Shall in the event of the vehicle being unable to proceed to its destination on account of mechanical break down or other causes beyond his control, arrange to convey the passengers to their destination in some other similar vehicle, or, if unable to arrange within a period of an hour after failure to proceed to the destination, 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.

(n)     The conductor of a public vehicle or where there is no conductor, the driver shall at the conclusion of every journey make reasonable search in the vehicle for anything left by any passenger and shall take into custody anything so found and upon the first reasonable opportunity make over the same to a responsible person at any office or station of the holder of the permit of the vehicle or to an officer at a police station.

(o)      The responsible person at any office or station of the holder of the permit of the vehicle shall enter in a register duly page numbered (specially maintained for the purpose), the date trip, full particulars of the property found, its estimated value, to whom it was to be returned or delivered and signature of the person receiving the same and keep these articles lying with him in case of perishable goods for a period of 2 days and in case of other goods for a period of one month and if during that period nobody tries to claim them, the property shall be deposited at the nearest police station as unclaimed property.

(p)      If during the aforesaid period the claimant of the articles appear then after verification of the claim the articles may be handed over to him by the responsible person at the office or station of the holder of the permit of the vehicle.

(q)      The conductor of a transport vehicle, and where there is no conductor, the driver of such vehicle shall in the event of the vehicle approaching an unmanned railway crossing cause the vehicle to be stopped or stop it, as the case may be, and shall get down and see the railway track on both side to make sure that the way is clear before the vehicle crosses railway track,

(r)      Shall, supply a ticket to a person travelling in the vehicle on the payment of fare by such person,

(s)      Shall, where goods are carried on the vehicle in addition to passengers, take, all reasonable precaution to ensure that passengers are not endangered or inconvenienced by presence of the goods,

(t)       Shall, issue a ticket immediately, on payment of legal fare or freight by the passengers,

(u)     Shall on demand by any passenger, produce the complaint book for recording such complaints as the passengers may desire to record therein,

(v)      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 the Rules made thereunder.

Rule - 30. Grant of conductor's licence.?

(1)     No person shall be granted a conductor's licence unless he statisfies 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)      the applicant possesses a good moral character,

(iii)     the applicant possesses a valid Adult First Aid Certificate issued by Registered Medical Practitioner to show that he is qualified to use the first aid box.

(iv)    He has passed the Middle School Examination or any equivalent examination:

Provided that nothing in this clause shall apply to any person who is in. possession of a conductor's licence immediately before these rules come into force.

(2)     An application for a conductor's licence shall be made in Form L. CON. A. Such application shall be accompanied by:?

(a)      a proof of age and educational qualification,

(b)      a valid Adult First Aid Certificates issued by any Registered Medical Practitioner,

(c)      a medical certificate in Form M. C. CON. issued by a registered medical practitioner having a minimum qualification of bachelor's degree in medicine and surgery ordinarily known as M.B.B.S. and practicing in the State of Bihar and containing the following particulars:?

(d)      name and address in brief,

(e)      the name of the clinic, if any,

(f)       telephone no., if any,

(g)      medical qualification, and

(h)     registration number,

(i)       a report of moral character obtained from the police station of the area in which the applicant resides,

(j)       three copies of recent photographs, of a size not more than 50 mm by 60 mm, taken from the front,

(k)      a fee for test, prescribed under Rule 26: Provided that the licensing authority may decline to accept the aforesaid report or the medical certificate, granted more than one month before the date of application.

(3)     A Motor vehicle Inspector/Asstt. Motor Vehicle Inspector and any officer not below the rank of Inspector or Sergeant Major authorised by the licensing authority shall be a testing officer for the purpose of test for the grant of conductor's licence:

Provided that it shall be competent for the licensing authority or for any person nominated by it in that behalf to have more than one such test.

(4)     When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to act asa conductor of a stage carriage, the licensing authority shall issue the applicant a conductor's licence in Form L. Con. on payment of fees specified in sub-section (5)of Section 30, unless the applicant is for the time being disqualified for holding or obtaining a conductor's licence.

Rule - 31. Badge of conductors of the stage carriages.?

(1)     A conductor of stage carriage shall display on his left chest a badge in the form illustrated in the Second Schedule, inscribed with the particulars specified in the said schedule.

(2)     No conductor of a stage carriage shall display the badge held by him if his conductor's licence is supended or revoked by any authority or if his conductors licence has ceased to be valid by efflux of time.

(3)     A conductor shall not hold more than one such badge issued by an authority in the State.

(4)     If at any time a conductor's licence is suspended or cancelled by a competent authority or by any court or ceases to be valid, the conductor shall, within seven days, surrender the badge to the authority by which it was issued.

Rule - 32. Currence of conductor' licence.?

A conductor's licence issued orrenewed under the Act or the Rules made thereunder shall:?

(a)      if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of forty years on the date of such issue or renewal,

(b)      be effective for a period of twenty years from the date of such issue or renewal,

(c)      until the date on which such person attains the age of forty years, which ever is earlier,

(d)      if the person referred to in clause (i) has attained the age of forty years on the date of issue or, as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal:

Provided that every conductor's licence shall, notwithstanding its expiry under this Rule, continue to be effective for a period of thirty days from such expiry.

Rule - 33. Renewal of conductor's licence.?

(1)     Any licensing authority may, on an application made to it in Form L. CON. R. renew a conductor's licence with effect from the date of its expiry:

Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the licence shall be renewed with effect from the date of its renewal:

Provided further that where the applicant has attained the age of forty years, the application shall be accompanied by a medical certificate in Form M. C.CON. and a valid adult first Aid certificate issued by a Medical Practitioner to the effect that the applicant knows how to use first aid box.

(2)     Where the authority renewing the conductor's licence is not the authority which issued the licence, it shall intimate the fact of renewal to the authority which issued the licence.

(3)     Every application for renewal of conductor's licence shall be accompanied by a fee specified under sub-section (5) of Section 30.

Rule - 34. Replacement of the Photograph.?

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

(2)     If, at any time, a holder of a conductor's licence so desires, a Licensing Authority may replace the photograph on his licence by a recent photograph of himself.

(3)     Upon the receipt of the copies of photograph as provided in sub-rule (1) or sub-rule (2), the licensing authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph and note the date of such replacement, and return the licence to the holder, and shall, if it is not the Licensing Authority by which the licence was issued, forward the second copy of the photograph to that authority.

(4)     The fee for replacing a photograph under this Rule shall be as provided in Rule 26 and shall be paid alongwith the photograph and application.

Rule - 35. Issue of duplicate conductor's licence.?

(1)     Where at any time a conductor's licence is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original licensing authority and shall apply for issue of a duplicate licence in Form C.L.D. along with the fee prescribed under Rule 26,and two clear copies of a recent photograph of himself.

(2)     Upon the receipt of such report the licensing authority shall, after making such enquiries as it may think fit, if satisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped 'Duplicate' in red ink and the date of issue of the duplicate:

Provided that where subsequent to the issue of a duplicate conductor 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 necessary endorsements thereon.

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

(4)     If at any time it appears to a Motor Vehicle Inspector or to a Licensing Authority, that a conductor's licence held by any person is so torn, defaced or mutilated in anyway as to cease to be reasonably legible, such authority may, by order in writing impound the conductor's licence and require the holder, to obtain a duplicate conductor's licence.

Rule - 36. Change of address.?

(1)     If the holder of a conductor's licence ceases to reside at the address recorded in the conductor's licence, he shall, within thirty days of any such change of address, intimate, his new address, to the licensing authority by which the licence was issued and, if the new address is within the jurisdiction of another Licensing Authority to that other Licensing Authority.

(2)     Upon the receipt of such intimation, if it is not the licensing authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority.

Rule - 37. Manner of appeals.?

(1)     An appeal under Chapter-Ill of the Act shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by a certified copy of that order and a fee prescribed under Rule 26.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of a fee prescribed under Rule 26.

(3)     The Appellate Authority may give any person interest in the appeal, a copy of any document connected with the appeal, on payment of a fee prescribed under Rule 26.

Rule - 38. Exemption from the provisions of sub-section (1) of Section 29.?

(1)     Where in any emergency it becomes difficult for the permit holder to provide for a conductor for his stage carriage, or where a conductor on duty, for reasons 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 the stage carriage without holding a conductor's licence, required under 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: Provided that:?

(a)      he intimates in writing, the intention to do so to the licensing authority within whose jurisdiction he intends to act as a conductor,

(b)      he is not disqualified for holding or obtaining a conductor's licence, and

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

Rule - 39. Effectiveness of a conductor's licence issued in another State.?

Any person can act as a conductor on the stage carriage of another State and operating within this State under any reciprocal agreement with that State or under the counter signature of stage carriage permit, if such person holds a valid conductor's licence issued in that State and the person complies with the provisions of Rule 29while the stage carriage is being operated in this State.

Registration of Motor Vehicles

Rule - 40. Registering Authority.?

The District Transport Officer shall be the Registering Authority:

Provided that a Motor Vehicle Inspector may on being authorised by the Registering Authority perform any of the duties of the Registering Authority under the Act and the Rules.

Rule - 41. Appellate Authority.?

(1)     The authority to hear appeals against any appealable order other than an order under Chapter-Ill of the Central Motor Vehicles Rules, 1989, passed by a Registering Authority under Chapter-I V of the Act shall be the District Magistrate.

(2)     The authority to hear appeals against any order under Section 53 by any other authority prescribed under Rule 43 shall be the State Transport Commissioner.

(3)     The authority to hear appeals against any appealable order passed by an Inspector of Motor Vehicles or an authorised testing station under Section 56 in respect of a certificate of fitness shall be the Registering Authority having jurisdiction in the area in which the order was passed.

Rule - 42. Appeals, conduct and hearing of.?

(1)     An appeal, under Rule 41, shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by a certified copy of that order and fee prescribed under Rule 44.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the registering authority and connected with the order against which he is preferring the appeal on payment of a fee prescribed under Rule 44.

(3)     The Appellate Authority may give any person interested in the appeal, a copy of any document connected with the appeal on payment of a fee prescribed under Rule 44.

(4)     When an appeal is lodged a notice shall be issued to the authority which passed the order appealed against in such form as the appellate authority may direct.

(5)     The Appellate Authority may, after giving an opportunity to the authorities or their authorised agents, to be heard and after such further enquiry, if any, as may deem necessary confirm, vary, or set aside, the order against which the appeal is preferred and shall make an order accordingly.

Rule - 43. The other authority to suspend certificate of registration.?

The other authority to suspend certificate of registration under Section 53 shall be any District Magistrate, Sub-Divisional Magistrates, Secretary, Regional Transport Authorities, and Secretary, State Transport Authority.

Rule - 44. Fees payable under Chapter-IV of the Act.?

The fees to be paid under Chapter IV of the Act shall be:?

(i)       In respect of an appeal under sub-rule (1) of Rule 41, fifty rupees,

(ii)      in respect of facility provided under Rule 47, ten rupees,

(iii)     in respect of each copy of any document under sub-rule (2) and sub-rule (3) of Rule 58A, ten rupees,

(iv)    in respect of extension of validity of certificate of fitness under sub-rule (2) of Rule 52A, twenty rupees,

(v)      in respect of certificate of temporary registration of each of its extension thereof under sub-rule (1) of Rule 52A, twenty rupees,

(vi)    in respect of duplicate copy of certificate of registration, ten rupees,

(vii)   in respect of duplicate copy of certificate of fitness, half of the fee mentioned in serial no. 11 of Table annexed to Rule 81 of the Central Motor Vehicle Rules, 1989,

(viii)  in respect of each copy of particulars of registration of each vehicle under Rule 58, ten rupees.

Rule - 45. Exemption from payment of fees.?

(1)     The State Government may, if its of opinion that it is in the public interest to do, by general or special order, exempt, totally or partially, any Government Department, local authorities, associates or bodies of individuals, from payment of the fee payable for copies of particulars of registration under Rule 44.

(2)     Such foreign Consular Officers as have been notified by a general or special order of the State Government in respect of motor vehicle belonging to them,

(i)       The owners of?

(ii)      tractors intended to be used solely for agricultural operations, (ii) motor ambulances intended to be used solely for the conveyance of the sick, or injured and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief,

(iii)     The Technical Co-operation Mission of the United States of America or its field personnel in respect of motor vehicles belonging to that Mission and assigned to its field personnel for their official use in the State of Bihar,

(iv)    The United Nations Agencies and Organisation, in respect of motor vehicles belonging to them,

(v)      The American Peace Corps Volunteers, in respect of their official motor vehicles used in the Corps programmes and projects, and

(vi)    Co-operative for American Remittances (to Europe) INC, in respect of motor vehicles belonging to the said organisation and intended to be used in the State of Bihar in connection with the work providing food and other urgently needed commodities shall be exempted from payment of fees payable under sub-section (2) and sub-section (9) of Section41.

Explanation.?For the purposes of this Rule, the expression 'agricultural operation' means tilling, sowing, harvesting or crushing of agricultural produce, or any other similar operation carried out for the purpose of agriculture but does not include the transportation of persons or materials for the purpose of agriculture or the transportation of agriculture produce.

(vii)   The State Government or any other Government, in respect of motor vehicles belonging to it, shall be exempted from payment of fees payable under Chapter-IV of Act.

Rule - 46. Grant of temporary registration.?

(1)     An application for a certificate of temporary registration or extension of period of validity thereof shall be made inForm C.R.Tem. A. alongwith the fee-prescribed under Rule, 44:

Provided that the period of such extension shall not be more than one month at any one time.

(2)     A certificate of temporary registration shall be in Form C.R.Tem.

(3)     The other authority for the purpose of Section 43 in respect of motor vehicles manufactured by the manufacturer on the approval of the State Transport Commissioner, shall be, an officer of that manufacturer:

Provided that the power conferred by this sub-rule shall not be exercised unless the name of the officer is approved by the State Transport Commissioner in writing in this behalf and unless the vehicle is proceeding immediately for registration to a place outside the region.

(4)     The temporary registration mark to be assigned by any registering authority specified in the first column of the Third Schedule to these Rules, shall beset forth in the corresponding entry in the second column thereof,

(5)     the temporary registration mark to be assigned by the other authority prescribed under sub-rule (3) shall be from among a block or registration marks allotted by the respective registering authority, from among those assigned to it in the Third Schedule aforesaid.

(6)     The authority granting a certificate of temporary registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be displayed to the front and rear of the vehicle in the prescribed manner.

(7)     The records of the other authority prescribed under sub-rule (3) which are maintained by them for the purpose of issue of certificate of temporary registration shall be open for inspection at all reasonable times by any officer of the Motor Vehicles Department.

Rule - 47. Facilities to be provided to certain persons for registration of motor vehicles.?

The Registering Authority may depute the Motor Vehicles Inspector at any place specified in the application for verification of such particulars and requirements, on any day or days specified by the registering authority, if the number of motor vehicles to be so inspected at such place exceeds twenty and the fee prescribed under Rule 44 is paid.

Rule - 48. Recording the particulars of exemption.?

Where a Registering Authority registers a motor vehicle in respect of which an order or a notification, exempting such motor vehicle from any of the provisions of rules made under Chapter-VII of the Act, has been issued, the registering authority shall record the particulars in brief of such exemption in the certificate of registration and its records of registration.

Rule - 49. Approval of the plate bearing registration mark.?

The registration mark displayed on the motor vehicle by the registered owner shall be got approved by the Registering Authority within thirty days of the assignment of such registration mark.

Rule - 50. Particulars to be exhibited on transport vehicles.?

(1)     The particulars to be exhibited on the left hand side of transport vehicle shall be:?

(a)      in the case of motor cabs and maxi cabs:?

(b)      the number of passengers permitted to be carried,

(c)      the minimum fares, chargeable,

(d)      the rate of fares, and

(e)      the registration number of vehicles.

(f)       in the case of other transport vehicles:?

(g)      the chassis number,

(h)     the unladen weight denoted by U.W.,

(i)       the gross vehicle weight denoted by G.V.W.,

(j)       the registered front axle weight denoted by F.A.W.,

(k)      the registered rear axle weight denoted by R.A.W.,

(l)       the registered axle weight of each intermediate axle, if any, denoted by M.A.W.,

(m)    the number of passengers if permitted to be carried, denoted by pass, and

(n)     the number, size and ply rating of tyres on each axle denoted by Front, Rear and Middle.

(2)     The name and address of the registered owner shall be exhibited on both sides of every transport vehicles, as required by Section 84.

(3)     The letters and figures of the particulars to be exhibited under sub-rule (1) shall not be less than 20 mm in height.

Rule - 51. Issue, renewal and cancellation of certificate of fitness.?

(1)     Certificate of fitness may be issued or renewed by Motor Vehicles Inspector or authorised testing station, subject to the general control and direction of the appropriate Registering Authority.

(2)     An application for issue or renewal of certificate of fitness shall be made in Form C.F.A. to the Motor Vehicles Inspector or the authorised testing station, in whose jurisdiction the vehicle is normally kept, and shall be accompanied by the fees prescribed under Central Motor Vehicles Rules, 1989.

(3)     There shall not be more than one certificate of fitness in respect of any vehicle.

(4)     The authority empowered to cancel the certificate of fitness under the provisions of sub-section (4) of Section 65 shall be the Motor Vehicles Inspector, Enforcement Officer and Registering Authority.

(5)     The authority cancelling a certificate to fitness shall give the owner or other person in charge of the vehicle, the reasons in writing, for such cancellation and shall make a report of his action and forward the certificate to the Registering Authority under whose direction, and control he may be. After the authority has cancelled the certificate of fitness, such authority may, by endorsing in Form C.F.X. specify the time within which and the conditions subject to which the vehicle may be driven to a specified destination for the purpose of repair.

(6)     Nothing in sub-rule (5) 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 all the requirements of the Act and the rules made thereunder are complied with. If such a vehicle is inspected and passed within thirty days of the date of cancellation of the certificate of fitness but before the date of expiry specified in such certificate, the certificate shall be restored to its original date of expiry. If, however, the vehicles is brought for inspection at any other time a fresh certificate of fitness will be required, in which case the fees prescribed by the Central Government for the issue of certificate of fitness shall be charged:

(7)     While inspecting a motor vehicle for the purpose of issue or renewal of a certificate of fitness, the Motor Vehicles Inspector or the authorised testing station shall fill in Form M. V. Ins. in duplicate and shall deliver the duplicate copy to the applicant, on completion of the inspection. The Motor Vehicles Inspector or the authorised testing station, as the case may be, shall also obtain legible pencil, impression of chassis number of the vehicle so inspected on the original copy.

Rule - 52. Extension of validity of certificate of fitness.?

(1)     If, owing to Mechanical breakdown or other cause, a motor vehicle is, after the expiry of the certificate, outside the area in which the Motor Vehicles Inspector by whom the certificate is to be renewed has jurisdiction the Motor Vehicles Inspector may, on an application made to him and without prejudice to any penalty to which the owner or driver may have become liable, if the vehicles is in his opinion fit for use, by endorsement in Form C.F. Sub. and subject to such conditions as he may specify, extend the validity of certificate of fitness for its continued use for such time as may reasonably be necessary for the vehicle to return to the area of the authority by which the certificate should be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after its return to that area until the certificate has been renewed.

(2)     The fee for the grant of such extension under sub-rule (1) shall be as prescribed under Rule 44.

(3)     If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any Motor Vehicles Inspector safely be driven at a reduced speed to a place of repair, and if the Motor Vehicles Inspector is satisfied that it is necessary that the vehicle should be so driven, the Motor Vehicles Inspector may by endorsement in Form C.F.X. specify the time within which, and the conditions subject to which, the vehicle may be driven to a specified destination for the purpose of repair and the limit of speed beyond which it shall not be driven.

Rule - 52-A. Grant of temporary registration.?

(1)     An application for a certificate of temporary registration of period of validity thereof shall be made in Form C.R. Tern. A alongwith the fee prescribed under Rule 43:

Provided that period of such extension shall not be more than one month at any one time.

(2)     A certificate of temporary registration shall be in Form C.R.Tem.

(3)     The other authority for the purpose of Section 43 in respect of motor vehicle manufactured by them, shall be an officer of.?

(4)     Tata Engineering Locomotive Co. Ltd., Jamshedpur.

(5)     Any other manufacturer:

Provided that the power conferred by this sub-rule shall not be exercised unless the name of officer is approved by the State Transport Commissioner in this behalf and unless the vehicle is proceeding immediately for registration to a place outside the region.

(6)     The temporary registration mark to be assigned by any registering authority specified in the first column of the Third Schedule to these Rules, shall be as set forth in the corresponding entry in the second column thereof.

(7)     The temporary registration mark to be assigned by the other authority prescribed under sub-rule (3) shall be from among a block of registration marks allotted by the respective registering authority, from among those assigned to it in the Third Schedule aforesaid.

(8)     The authority granting a certificate of temporary registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be displayed to the front and rear of the vehicle in the prescribed manner.

(9)     The records of the other authorities prescribed under sub-rule (3) which are maintained by them for the purpose of issue of certificate of temporary registration shall be open for inspection at all reasonable times by any officer of the Motor Vehicles Department.

Rule - 53. Notice of alteration in a motor vehicle.?

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

(2)     Where any alteration has been made in a motor vehicle the owner shall report the alteration in Form B.T.A. along with a fee prescribed under the Central Motor Vehicles Rules, 1989, in this behalf, to the Registering Authority and shall produce the vehicle so altered before it for verification and recording the alteration as made.

(3)     No approval shall be granted to replace a chassis or a body-shell of any motor vehicle unless the chassis or the body-shell, as the case may be, is to be replaced by an identical, new chassis or body-shell of an identical vehicle the registration of which is cancelled, and in either case the proof to the satisfaction of the registering authority of such chassis or body-shell to be fitted, shall be accompanied with the notice.

(4)     Subject to the provisions of sub-rule (3) the proviso to sub-section (1) of Section 52 shall not apply in respect of a notice to replace the chassis or the body-shell.

Rule - 54. Issue of duplicate certificate.?

(1)     If a certificate of temporary registration is lost, destroyed, torn, defaced or mutilated, the owner of the motor vehicle or the dealer, as the case may be, shall forthwith report the matter to the original Registering Authority and shall, apply for the issue of a duplicate, certificate in Form G.D. along with a fee prescribed under Rule 44 and an affidavit swearing the above facts.

(2)     If a certificate of fitness is lost, destroyed, torn, defaced or mutilated, the owner of the motor vehicle shall forthwith report the matter to the Registering Authority in whose jurisdiction the certificate was issued or last renewed and shall, apply for the issue of a duplicate certificate in Form CD. alongwith a fee prescribed under Rule 44.

(3)     Upon receipt of such intimation the registering authority shall furnish the applicant with a duplicate copy of such certificate, duly stamped 'duplicate' in red ink, and the seal of the Registering Authority.

(4)     If at any time it appears to an Inspector of Motor .Vehicles or to a Registering Authority that any of the certificate issued under Chapter-IV of the Act is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Motor Vehicles Inspector or the authority may, by order in writing, impound the certificate and require the owner or the dealer, as the case may be, to obtain a duplicate certificate.

Rule - 55. Intimation in respect of vehicle not registered within the State.?

(1)     When any motor vehicle which is not registered in Bihar has been kept within Bihar for a period exceeding fifteen days, the owner or others persons incharge of thevehicle shall send intimation to the registering authority of the area in which the motor vehicle is kept at the time of making the report and shall intimate:?

(a)      his name and permanent address, and his address for the time being,

(b)      the registration mark of the vehicle,

(c)      the make and description of the vehicle, and

(d)      in the case of a transport vehicle the name of the authority within the State by whom the permit has been issued or countersigned:

Provided, that in the case of a transport vehicle covered by a permit having validity in the State, it shall only be necessary to make a report under this sub-rule upon the first occasion when a report is due.

(2)     Nothing in this Rule shall apply to a motor vehicle which is exempted from registration under the provision of rule or which is registered under Section 60 of the Act.

Rule - 56. Power of Registering Authority to require production of certifications of registration.?

The registering authority may, subject to the provisions of sub?section (5) of Section 58, require an owner of a motor vehicle to produce the certificate of registration before it for the purpose of revision of entries therein of particulars relating to the gross vehicle weight, and the owner of such a motor vehicle shall produce the certificate of registration within seven days from the date on which such requisition was made.

Rule - 57. Information regarding stolen and recovered vehicles.?

(1)     The Superintendent of Police or such other police officers as the State Govt. may specify in this behalf, shall furnish monthly returns in the forms appended to this rule, containing the informations regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Commissioner and shall send the copy of such returns to all such officers which the State Government may specify.

Rule - 58. Supply of copies of particulars of registration.?

A Registering Authority may in its discretion supply copies of particulars of registration of any motor vehicle registered in the records maintained by it, to any person who may apply for the same alongwith a fee prescribed under Rule 44.

Rule - 58-A. Manner of appeals.?

(1)     An appeal under Rule 41, shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred; and shall be accompanied by a certified copy of that order and a fee prescribed under Rule 44.

(2)     Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the registering authority and connected with the order against which he is preferring the appeal, on payment of a fee prescribed under Rule 44.

(3)     The Appellate Authority may give any person interested in the appeal a copy of any document connected with the appeal, on payment of a fee prescribed under Rule 44.

Rule - 59. Exemption of vehicle used solely for the construction, repairs and cleaning of road.?

Nothing contained in Chapter-Ill of the Act shall apply to road-rollers, and other vehicles designed and used solely for the construction, repairs, and cleaning of roads, save that every tractor used to tow trailers shall be registered and every tractor used for the purpose of towing a motor vehicle or trailer shall further require a certificate of fitness.

Rule - 60. Preparation and submitting of returns of particulars of registration.?

The Registering Authority shall prepare and submit for the State Government a return containing such particulars in respect of motor vehicle registered by him as the State Government may direct. The registering authority may grant a copy of an extract from the return on payment at the rate of five rupees for particulars in respect of motor vehicles up to five and five rupees in respect of each additional number of five or less.

Rule - 61. Foreign Diplomatic or Consular Mission exempted from payment of fee to.?

The State Government may, by notification in the Official Gazette, make an - exemption from payment of all or any portion of the fees payable under Chapter-Ill of the Act in respect of motor vehicle owned by Foreign Diplomat or Consular Missons or accredited Missions engaged in Technical Assistance Programme including Organisation of the United Nations.

Rule - 62. Maintenance of State Register of Motor Vehicles.?

(1)     Every Registering Authority shall furnish a monthly report in duplicate containing particulars required in the form of State Register of Motor Vehicles prescribed by the Central Government to the State Transport Commissioner, within ten days of the each succeeding month.

(2)     The State Government may, from time to time, issue direction to the registering authorities or to the State Transport Commissioner for the purpose of carrying into effect the provisions of Section 63.

Rule - 63. Form of communications.?

The Registering Authority shall communicate with another Registering Authority in Form R. Com. for the purpose of intimating:?

(a)      The renewal of certificate of registrations, under sub-section (1) of Section 41, or

(b)      the transfer of the registration of the vehicles, under sub-section (2) of Section 47, or

(c)      the change of address, under sub-section (4) of Section 49, or

(d)      the transfer of ownership, under sub-section (7) of Section 50, or

(e)      the alteration in vehicle, under sub-section (5) of Section 52, or

(f)       the suspension of registration, under sub-section (3) of Section 53, or

(g)      details of payment of taxes due on the vehicle as per provisions of Bihar and Orissa Motor Vehicles Taxation Act by the vehicle owner.

Rule - 64. Registration marks.?

Retention of old assignment of preferred number.?The owners of new Motor Vehilces intending assignment of the registration mark and number which stands assigned to any vehicle owned by them earlier of indicating preference for assignment of a particular registration number of their new vehicle, shall be assigned the same number for which they shall be required to pay an extra amount of Rs. 100/- as fee, if the registration number so asked for is available for assignment in the registration register of concerned registering authority, provided registration number of the old vehilce shall not be assigned to the new vehcile unless up-to-date taxes of the old vehicle are paid, (Provided that the State Transport Commissioner may, in special circumstances of the case permit change only once of registration mark of non-commercial vehicle on payment of fees of Rs. 100/-.

CHAPTER-V

Control of Transport Vehicles

Rule - 65. State Transport Authority.?

(1)     The State Transport Authority shall meet at such times and at such places as the Chairman may appoint, provided that it shall meet not less than once in each of the periods of three months of January to March, April to June, July to September and October to December.

(2)     Not less than ten days notice shall be given of any meeting of the State Transport Authority.

(3)     The State Government may, at any time, remove any member of the State Transport Authority.

(4)     Subject to the provisions of sub-rule, (3), a non-official member if any, 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.

(5)     For the purpose of a quorum at a meeting presence of at least two members shall be necessary, out of which one member shall be the Chairman or the Presiding Officer appointed under sub-rule (6). If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be adjourned to such day and at such time and place as the Chairman or the Presiding Officer may determine and if at the adjourned meeting a quorum is not present, the members present shall constitute the quorum.

(6)     The Chairman may, if necessary, nominate a panel of members, any one of whom may preside at the meeting in the absence of the Chairman (such person being referred to as the 'Presiding Officer' in the order of preference determined by the Chairman and the Chairman may vary such panel at any time.

(7)     The Chairman or the Presiding Officer shall have a second or casting vote.

(8)     The provisions contained in sub-rules (2) to (7) shall not apply in case the State Transport Authority is constituted in accordance with the provisions contained in second proviso to sub-section (2) of Section 68.

Rule - 66. Regional Transport Authorities.?

(1)     The Regional Transport Authority shall meet at such places as its Chairman may appoint: Provided that it shall meet not less than once in each month 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 the Regional Transport Authority shall attend at least six 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 at any time remove from office any member for any other cause.

(4)     Subject to the provisions of sub-rule (3), a non-official member, if any, 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 successor is appointed.

(5)     For the purpose of a quorum at a meeting, presence of at least two members shall be necessary, out of which one member shall be the Chairman or the Presiding Officer appointed under sub-rule (6). If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall be adjourned to such day and at such time and place as the Chairman or the Presiding Officer may determine.

(6)     The Chairman may, if necessary, nominate a panel of members any one of whom may preside at the meeting in the absence of the Chairman (such person being referred to as the 'Presiding Officer') in the order of preference determined by the Chairman, and the Chairman may vary such panel at any time.

(7)     The Chairman or the Presiding Officer shall have a second or causing vote.

(8)     The provisions contained in sub-rules (2) to (7) shall not apply in case the Regional Transport Authority is constituted in accordance with the provisions contained in second proviso to sub-section (2) of Section 68.

Rule - 67. Transport Authorities?conduct of business of.?

Subject to the provisions of the Act and these Rules, the business of the State Transport Authority and the Regional Transport Authority shall be conducted according to the following sub-rules:?

(1)     The Secretary shall lay before the Regional or the State Transport Authority, as the case may be, the agenda to be considered at any meeting.

(2)     Save in the case of the hearing of an objection to the grant of a stage carriage permit a State or a 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 send to the Secretary (hereinafter referred to as procedure by circulation.)

(3)     In the event of procedure by circulation, the Secretary shall send to each member of the Authority such particulars of the matter as may be reasonably 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 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 Authority at a regularly constituted meeting of the 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 Authority, not less than one third of the members of the Authority by notice in writing to the Secretary demand that the matter be referred to a meeting of the 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 the Regional Transport Authority, as the case may be, may summon any applicant for permit to appear before it and may decline to grant the permit until the applicant has so appeared, either in person or by an agent authorised by him in writing and until the applicant has furnished such information as may reasonably be required by the authority in connection with the application.

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

(7)     When a matter is decided by the votes of members present at a meeting of State or Regional Transport Authority, no person other than a member of the Authority, shall be entitled to be present and record of voting shall be kept, save of the member of votes cast on either side. Provided that when any matter is decided by the exercise of second or casting vote of the Chairman, the fact shall be recorded.

(8)     All correspondence intended for the considerations of the Authority shall be addressed to the Authority or to its Secretary. No action shall be taken on any correspondence, which is not so addressed.

(9)     Any notice or petition may be returned to the presenting party, or if that is not possible, filed by the Secretary and shall be treated as not received, if:?(i) it does not bear the full name and address of the presenting party and his signature or mark or that of his agents, or (ii) it is found to be pseudonymous.

(10)   The Secretary, shall, under the general or special instructions of Chairman, lay before the Authority all matters requiring its decision.

(11)   The agenda for a meeting of the Authority shall be prepared by the Secretary and after it has been approved by the Chairman, shall be sent to each member at least five days in advance of the meeting, provided that copies of additional agenda, if any shall be handed to the members of the Authority on the date of meeting.

(12)   In any case in which a person has a right to be heard according to the provisions of the Act or the Rules, he may appear either in person or through a representative duly authorised in writing to hear any representation whether made in person or through a representative duly authorised in writing in this behalf.

(13)   All decisions of the authority shall be carried into effect by the Secretary who shall act in this behalf under the direction of the Chairman.

(14)   If a quorum as prescribed in Rules 65 and 66, is not present at any meeting, the Chairman shall adjourn meeting and no quorum shall be necessary for the subsequent meeting.

(15)   Members wishing to table any motion for discussion, shall give 14 days notice of such motion to the Secretary and the Secretary will include that motion in the agenda or the additional agenda of the next following meeting with the approval of the Chairman. The proposer may withdraw any notice proposed by him.

(16)   The minutes of previous meeting shall be read in the next meeting and after confirmation shall be signed by the Chairman:

Provided that the proceedings shall be treated as confirmed with the members, if copies of the last meeting have been circulated previously.

(17)   If any member present objects to the minutes as having been incorrectly or incompletely recorded, the Chairman shall after taking the sense of the meeting make such amendments in the minutes as he feels proper and the amended minutes then shall be confirmed and signed by the Chairman.

(18)   Any member present at a meeting may refrain from voting, if he so chooses. When any relation of a member is a party before the Transport Authority, the member shall refrain from taking part in discussion.

(19)   When there is equality of votes on any proposal in a meeting and the Chairman refrains from giving his second and casting vote, the proposal shall be held to have neither been passed nor rejected and may be brought forward to any subsequent meeting.

(20)   The Chairman, shall preserve order in a meeting all points of order shall be summarily decided by him, no discussion be allowed there on unless he thinks fit to take the opinion of the members present.

(21)   The Chairman may adjourn any meeting that refuses to obey his ruling on a point of order or any business which cannot be conducted on account of unruly behaviour of any member.

(22)   A member wishing to leave the meeting before its close may do so after informing the Chairman.

(23)   A member may put questions in the meeting to the Chairman in respect of a matter concerning with the executive administration of the authority and shall be entitled to an oral reply:

Provided that the Chairman may disallow any question, if in his opinion it is frivolous, vexatious or offensive or if he thinks that the information cannot be divulged without determining the public interest or it involves communication of information given in confidence. It will not be necessary for the Chairman to explain to the members the reason for disallowing any question.

(24)   The Secretary, with the approval of the Chairman may appoint persons to authenticate documents and perform other duties on his behalf.

(25)   As expert on transport problems any officer of Government concerned with the business of the Authority or any other person or persons on the request of the Authority may attend a meeting of the Authority and may take part in the discussions but shall not be entitled to vote.

(26)   The Chairman shall decide all points of procedure or any matter not specifically provided for in these Rules and his decision shall be final.

(27)   The members of an Authority may, at a meeting, appoint a sub?committee to report on such matters as it thinks fit. The Secretary of a Regional Transport Authority or the Secretary of the State Transport Authority shall act as the convenor of the sub-committee which shall follow such procedure as the Authority may determine.

Rule - 68. Delegation of powers by State Transport Authority.?

(1)     The State Transport Authority may, by general or special resolution recorded in its proceedings, and subject to the restrictions, limitations, and conditions herein specified, delegate to the Chairman or State Transport Commissioner or Additional Transport Commissioner or Joint Transport Commissioner, all or any of its following powers, namely:?

(i)       Power to grant with or without modifications or refuse to grant, a permit in respect of a tourist vehicle, under sub-section (9) of Section 88 and the power to attach conditions or vary the conditions so attached to any such permit,

(ii)      Power to countersign or refuse to countersign permits granted in any other State, under Section 88 and the power to attach conditions or vary the conditions so attached,

(iii)     Power to renew or reject the application for renewal of any of the permit mentioned in clause (i) of the countersignature mentioned in clause (ii) of this sub-rule,

(iv)    Power to suspend a permit or a countersignature under Section 86 or to recover from the holder thereof a sum of money agreed upon, in accordance with sub-section (5) or sub-section (7) of the said Section subject to the provisions of sub-section (4) of the said Section,

(v)      Power to permit the replacement of one vehicle by any other vehicle of the same nature, under Section 83.

(vi)    Power under Section 214 to direct a stay of the order passed by the original authority against which an appeal has been preferred or application for revision has been made,

(vii)   Power to grant or refuse to grant a temporary permit under Section 87 or a special permit under sub-section (8) of Section 88, and the power to attach conditions or vary the conditions so attached to any such permit,

(viii)  Power to decide any appeal preferred under Rule 110.

(ix)    Power to record change of address under Rule 85, Provided that the State Transport Commissioner or Additional Transport Commissioner or Joint Transport Commissioner, as the case may be, shall:?

(x)      keep informed the State Transport Authority from time to time of the action taken by him, in pursuance of the powers delegated to him, and

(xi)    arrange to paste on a notice board on the premises of his office, a copy of every resolution of that Transport Authority delegating its power.

(2)     Notwithstanding anything contained in this Rule, the State Transport Authority may, from time to time, issue instructions to the State Transport Commissioner, Additional Transport Commissioner, Joint Transport Commissioner as to the manner in which the powers so delegated, shall be exercised.

Rule - 69. Delegation of powers by Regional Transport Authority.?

(1)     A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subjects to the restrictions, limitations and conditions herein specified, delegate to the Chairman or Secretary R.T.A./R.TO., all or any of its following powers, namely:?

(i)       Power to grant or refuse to grant a temporary permit under sub-section (1) of Section 87 and sub-section (7) of Section 88, or a special permit under sub-section (8) of Section 88, and the power to attach conditions or vary the conditions so attached to any such permit,

(ii)      Power to grant with or without modifications or refuse to grant, a stage carriage permit, a contract carriage permit, a private service vehicle permit, a goods carriage permit under the Act, and the power to attach conditions or vary the conditions so attached to any such permit,

(iii)     Power to countersign or refuse to countersign a stage carriage permit, a contract carriage permit or a private service vehicle permit, granted in any other region in the State, and the power to attach conditions or vary the conditions so attached to any such countersignature,

(iv)    Power to renew or reject the application for renewal of any of the permit mentioned in clause (ii) or any of the countersignature mentioned in clause (iii) of this sub-rule,

(v)      Power to perm jt the replacement of any vehicle by any other vehicle of the same nature, under Section 83.

(vi)    Power to suspend a permit or a countersignature under Section 86 or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) or sub-section (7) of the said Section, subject to the provisions of sub-section (4) of the said Section,

(vii)   Power to grant or renew, or refuse to grant or renew licences of the agents under Section 93, and the power to attach conditions so attached to any licence,

(viii)  Power to forfeit the security and the power to suspend or revoke any such licence granted under Section 93.

(ix)    Power to record change of address under Rule 85. Provided that the Secretary, R. T. A./R.T.O., as the case may be:?

(x)      keep informed the Regional Transport Authority from time to time of the action taken by him in pursuance of the powers delegated to him, and

(xi)    arrange to paste on a notice board on the premises of his office, a copy of every resolution of that Transport Authority delegating its power.

(2)     Notwithstanding anything contained in this Rule, a Regional Transport Authority may from time to time, issue instruction to the Secretary, R.T.A./ R.T.O., as to the manner in which the powers so delegated, shall be exercised.

Rule - 70. Application of sub-section (1) of Section 66.?

The provisions of sub?section (1) of Section 66 shall apply to any motor vehicle constructed or adapted to carry more than nine persons excluding the driver.

Rule - 71. Exemption from sub-section (1) of Section 66.?

(1)     The provisions of sub-section (1) of Section 66 shall not apply to?

(2)     any transport vehicle used as relief vehicle for carrying passengers and their luggage from a disabled stage carriage to the place of destination,

(3)     ?any transport vehicle owned by a registered religious or charitable institution used for the purpose of such institution and specifically exempted by the State Government,

(4)     any transport vehicle specified by the State Govt. in the notification in the Official Gazette, to be used for any public purpose.

Rule - 72. Disposal of applications under Chapter V of the Act.?

(1)     When any application made under Chapter-V of the Act to the Transport Authority is received by the Secretary of the Transport Authority, he shall examine whether the powers to deal therewith have been delegated to any authority or person, and shall forward the application to such authority or person if the powers have been so delegated by the concerned Transport Authority.

(2)     In cases where the application is required to be considered by the State Transport Authority or the Regional Transport Authority, the concerned Secretary or such authority or person referred to in preceding sub-rule, shall scrutinise the application and call for such further particulars and make such other enquiry as may be considered necessary, and shall, subject to the general directions of the concerned Transport Authority decide whether the application be disposed off by the circulation procedure or at a meeting of the Transport Authority.

(3)     Normally, the application referred to in sub-rule (1) or sub-rule (2), shall be disposed off within one month of receipt thereof.

Rule - 73. Forms to be used for the purpose of Chapter-V of the Act.?

(1)     Every application for a permit shall be:?

(i)     in respect of a stage carriage, in Form P. St. S.A.

(ii)    in respect of a stage carriage to be used as contract carriage also ... in Form P. Co. S.A.

(iii)   in respect of a contract carriage............ in Form P. Co. P.A.

(iv)  in respect of a private service vehicle.... in Form P. Pr. S.A.

(v)    in respect of a goods carriage.... in Form P. Pu. C.A.

(vi)  in respect of a temporary permit...... in Form P. Tern. A.

(vii) in respect of a special permit.... in Form P. Co. Sp. A.

(viii)      in respect of a countersignature of a permit... in Form P. C. S. A.

(2)     Every application for a licence shall be:?

(3)     in respect of an agent engaged in the sale of tickets for travel by public service vehicles in Form L. Ag. A.

(4)     in respect of an agent engaged in the business of collecting, forwarding or distributing goods carried by goods carriages in Form L. Ag. G. C. A. of principal or supplementary licence.

(5)     ?Every application for a renewal shall be:?

(6)     in respect of any permit or any countersignature of a permit. in Form P.C.S.R.

(7)     in respect of and agent's licence granted with regard to public service vehicles.... in Form L. Ag. R.

(8)     in respect of an agent's licence granted with regard to goods carriages...... in Form L. Ag. G. C. R. for principal or supplementary licence.

(9)     Every application for a duplicate copy shall be:?

(10)   in respect of any permit or any countersignature of a permit. in Form P. C. B. D.

(11)   ?in respect of any agent's licence..... in Form L. Ag.D.

(12)   Every application shall be:?

(13)   in respect of replacement of a motor vehicle on permit or countersignature of a permit... in Form M. V. Rep. A.

(14)   in respect of transfer of permit on countersignature of a permit..... in Form Tr. P.A.

(15)   in respect of change of address of the holder of permit or countersignature of a permit......... in Form C. Ad. A.

(16)   Every application shall be accompanied by a fee prescribed under Rule 71.

(17)   Every permit shall be:?

(i)       in respect of a stage carriage..... in Form P. St. S.

(ii)      in respect of a stage carriage to be used a contract carriage also. in Form P. Co. S.

(iii)     in respect of a contract carriage..... in Form P. Co. P.

(iv)    in respect of a private service vehicle....in Form P. Pr. S.

(v)      in respect of a goods carriage....in Form P. Pu. C.

(vi)    in respect of a tourist vehicle... in Form P. Tr. V.

(vii)   in respect of a temporary permit.... in Form P. Tern.

(viii)  in respect of a special permit....in Form P. Co. Sp.(ix) in respect of a countersignature of permit...... in Form PCS.

(ix)    in respect of national permit.... in Form N.P. Pu.C.

(18)   Every licence shall be:?

(19)   in respect of an agent's licence granted with regard to public service vehicle.... in Form L.A.

(20)   in respect of an agent's licence principal or, supplementary, granted with regard to goods carriages......... in Form LAg. G.C.

(21)   Communication between the Transport Authorities under rule 73 shall be in Form T.A. Com.

(22)   Every permit or licence issued or countersigned in accordance with Chapter-V of the Act shall be sealed and signed by the Transport Authority or by the officer to whom the powers under Rule 65, or as the case may be, under Rule 66,have been delegated.

Rule - 1[74. Fees payable under Chapter-V of the Act.?

The fees to be paid alongwith the application under Chapter-V of the Act shall be?The fees for the grant of renewal or variation of condition of a permit other than temporary permit for 5 years shall be in respect of as?

Rule - 75. Exemption from payment of fees.?

The State Govt. may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, any person or class of persons from payment of all or any portion of the fees payable under Chapter-V of the Act.

Rule - 76. Communication between the Transport Authorities.?

(i)       Whenever the original Transport Authority grants or renews a permit to be operative in any other region or regions within the State by extending its validity under Rule 81, it shall intimate the fact of such grant or renewal to the Transport Authority of such other region or regions.

(ii)      The Transport Authority which grants or renews a countersignature, of a permit issued by another Transport Authority, such Authority shall intimate the fact of such grant or renewal to the original Transport Authority.

(iii)     The original Transport Authority replaces a motor vehicle by another vehicle, on the permit bearing the countersignature of any other authority, it shall intimate the fact of such replacement to the Transport Authority by which the permit was countersigned.

(iv)    The original Transport Authority transfers a permit bearing the countersignature of any other authority, it shall intimate the fact of such transfer to the Transport Authority by which the permit was countersigned.

(v)      The original Transport Authority varies the conditions of a permit operative in any other region or State by virtue of a countersignature or otherwise, it shall intimate the fact of such variation to the other Transport Authority in whose area the permit is so valid.

(vi)    The Transport Authority varies the conditions or a countersignature of the .permit, it shall intimate the fact of such variation to the original Transport Authority.

(vii)   The Transport Authority suspends or cancels a permit or countersignature of the permit, it shall intimate the fact of such suspension or cancellation to the Transport Authority in whose are the permit or the countersignature is so valid.

(viii)  The intimations under sub-rule (1) shall be in the form prescribed under Rule 73.

Rule - 77. Refusal of an application for private service vehicle permit.?

Subject to the provisions of sub-section (2) of Section 80, the Regional Transport Authority may in its discretion refuse, an application for a private service vehicle permit, if it is satisfied that?

(i)       such application is made on behalf of a union or an association, which has been formed by individual person carrying on trade or business for the specific purpose of providing a collective transport, without having any other joint liability in their individual trade or business, if fees or expenses are recovered in some form or others to meet the operating expenses of the vehicle; or

(ii)      the applicant is the holder of a private service vehicle, permit, which has been suspended or cancelled.

Rule - 78. 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 on the date of application in position of the vehicle then the application shall within one month of the sanction of the application by the Transport Authority may specify, produce before the authority the certificate of registration of the vehicle registered in his name in order that particulars 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, if the form of permit so requires, been entered and in the event of any applicant failing to produce the certificate of registration within the specified period, the Transport Authority may withdraw its sanction of the application.

Rule - 79. Additional conditions in respect of certain permits.?

(1)     A permit in respect of stage carriage shall be subject to the following conditions namely:?

(a)      that its holder shall not use a stage carriage in a public place for carrying or intending to carry passengers unless it carries a conductor;

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

(c)      that the service of stage carrige shall be regularly operated on the specified route in accordance with the approved time-table;

(d)      that a copy of the Rule 115 in English and Hindi language shall be carried in a prominent place in every stage carriage operated by him.

(2)     A permit in respect of a tourist vehicle shall be subject to the following conditions in addition to those prescribed by Central Govt. under clause (Hi) of sub?section (11) of Section 88:?

(a)      that no goods shall be carried in the vehicle in addition to or to the exclusion of passengers;

(b)      that the attendant of the tourist vehicle shall wear the same uniform as may have been specified for the driver of such vehicle.

(3)     A permit in respect of a contract carriage may be subject to one or more of the following conditions:?

(a)      that the vehicle shall not be driven in a public place except by the permit holder or a driver authorised by him in writing and approved by the Regional Transport Officer or Asstt. R. T. O., as the case may be which writing an approval shall be carried by such driver when driving and shall, on demand by any police officer or officer of the Motor Vehicle Department of and above the rank of an Asstt. Motor Vehicle Inspector, in uniform, produce such authorisation for examination;

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

(c)      that no advertising device, figures or writing shall be exhibited on the vehicle;

(d)      that the holder of the permit shall maintain a register showing the list of passengers travelling in the vehicle in each and every trip performed by the said vehicle in the form append to this sub-rule and shall also cause a copy of the said list of passengers to be carried in the vehicle when the vehicle is being used in a public place, and the driver, attendant or the representative of the holder of the permit shall, on demand by the checking officer, produce such list for examination: Provided that the provisions of this sub-rule shall not be applicable to the motor cabs and maxi-cabs:

Provided further that the State Govt. may, by an order in the Official Gazette, exempt permit holder of specified class from the operation of this sub-rule subject to such conditions as may be specified in the order.

(4)     A permit in respect of a public service vehicle shall 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.

(5)     A national permit granted under sub-section (12) of Section 88 shall operate subject to such local restrictions regarding maximum load to be carried etc. as may be laid down from time to time;

(6)     A permit in respect of a transport vehicle shall be subject to the following conditions, namely:?

(a)      that the vehicle shall not be used for carriage of any article, the transport of which is prohibited by or under any law for the time being in force in the State of Bihar;

(b)      the holder of the permit shall cause the permit to be carried in a glazed frame or other suitable container carried in the vehicle in such a way as to maintain is in a clear and legible condition and readily available for inspection at any time by any person duly authorised in that behalf;

(c)      that the holder of the permit shall maintain the vehicle in a clean and sanitary condition;

(d)      that the holder of the permit shall comply with all the requirement of the Act and the rules made thereunder.

Rule - 80. Variation of conditions of permit.?

(1)     The permit holder may, apply in writing to the Transport Authority to vary any of the conditions of the permit, alongwith a fee prescribed under Rule 74 and the Transport Authority may in its discretion vary such conditions.

(2)     A Regional Transport Authority may vary any of the conditions of the permit or attach to the permit further conditions, without affording the holder of the permit an opportunity of being heard, if such variation of addition of permit is 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 of the State Transport Authority, and such ruling has not been modified upon appeal, and Regional Transport Authority may attach any other condition which may be prescribed.

(3)     Where the Transport Authority has given a notice of one month, to vary the conditions of the permit or to attach to the permit further conditions in the Official Gazette, then after the expiry if such period from the date of publication shall be deemed to have been attached to the permit and such permit holders shall produce their permits before the Transport Authority by which the permit is issued for incorporation of such variations or additions of conditions, in the existing permit.

Rule - 81. Extension of area of validity of permits,?

(1)     Subject to the provisions of Section 88 and of this rule a Regional Transport Authority which issues a permit (hereinafter referred to as the "Original Transport Authority") may extend the area of validity of a permit other than a stage carriage permit and a goods carriage permit, for any area in any other contiguous region within the State in accordance with any general or special resolution passed and recorded by the Transport Authority of each of the other region concerned; and the original Transport Authority may, upon such extension, attach conditions to the permit with effect to such region or regions and may likewise attach different conditions in respect of different regions.

(2)     The vehicle, in respect of which the area of permit is so extended, shall normally be kept within the area of the Original Transport Authority.

(3)     The Original Transport Authority which issue a permit to be operative in any other region or regions, shall intimate the fact of issue and also send a copy of the permit, to the Transport Authority of such region or regions.

(4)     The Original Transport Authority shall not extend the area or validity of a contract carriage permit other than the contract carriage permit in respect of motor cabs and maxi cabs, unless it attaches the condition to the permit to the effect that, if the vehicle is using the other region or regions is discharged or released, from the contract by the passengers in such other region, it shall not be offered for hire of reward on its return journey, for picking up any passenger traffic from any place within such other region or regions for the purpose of visiting any place in the State.

(5)     An application for special permit shall be made not less than three days before the date on which it is desired that the permit shall take effect:

Provided that the Transport Authority may, having regard to the circumstances of the case, entertain such application made to it at any time.

(6)     Having regard to the circumstances of the case the Transport Authority of the region in which the vehicle alongwith its party or passengers happens to be at the time, may for the purpose of extension of the journey, extend the validity of special permit with respect of its expiry or the route on the area, provided the necessary taxes and the fee provided for the grant of such permit is paid.

(7)     Where the State has entered into reciprocal arrangements with any other State, the Regional Transport Authority shall not grant any special permit valid in any part of that other State except in conformity with the terms of their reciprocal arrangements.

(8)     A special permit granted by a Regional Transport Authority of another State in accordance with sub-section (8) of Section 88 shall unless the reciprocal arrangement between the two States provides otherwise, be valid without countersignature subject to the following conditions, namely:?

(ii)      at least three days advance intimation of the intention to enter the State is given to the Secretary of the Regional Transport Authority within whose jurisdiction the vehicle is proposed to enter the State,

(iii)     the period of validity of the special permit in the State shall not exceed a period of one month.

(9)     A permit in respect of a tourist vehicle granted by the State Transport Authority of any other State in accordance with sub-sections (9) to (11) of Section 88shall be valid in this State, if the tourist vehicle covered under the said permit is chartered by the tourists in the Home State for visiting this State:

Provided that if such tourist vehicle visiting this State is discharged/released in this State by the said tourists, it shall not be offered for hire or reward on its return journey for picking up any passenger traffic including tourist traffic from any place within this State for the purpose of visiting any other place either in this State or in any other States.

Rule - 82. Renewal of permits or countersignature.?

(1)     An application for renewal of a permit or a countersignature of a permit shall be made in the form prescribed under Rule 70, to the Transport Authority by which the permit or countersignature of a permit was issued and shall be accompanied by the permit or the countersignature, as the case may be, and the fee prescribed under Rule 74.

(2)     Subject to the provisions of sub-section (9) of Section 52 and sub-section (4) of Section 81, the Transport Authority may renew the permit or the countersignature, as the case may be.

(3)     The original Transport Authority which renews a permit may, unless any Transport Authority by which the permit has been countersigned has, by general or special resolution, otherwise directed, likewise renew the countersignature of the permit, and shall intimate the fact of renewal of permit and its countersignature to the Transport Authority by which the permit was originally countersigned.

(4)     Unless the countersignature is renewed under this rule, it shall be of no effect beyond the date of expiry stated therein.

(5)     The Original Transport Authority which renews a permit to be operative in any other region or regions in accordance with the provisions of Rule 81 shall intimate, the fact of renewal of permit to the Transport Authority of that region or regions.

(6)     The original Transport Authority which renews a permit to be operative in any other region or State by way of a countersignature on it, shall intimate, the fact of renewal of permit, to the Transport Authority by which the permit has been countersigned.

(7)     The Transport Authority which renews a countersignature of a permit under sub-rule (2), shall intimate the fact of renewal of countersignature to the Transport Authority by which the permit was issued.

Rule - 83. Replacement of a vehicle covered by permit.?

(1)     If the holder of permit desires at any time to replace the vehicle with another, he shall apply to the Transport Authority by which the permit is issued, in the form perscribed under Rule 73, accompanied by a fee prescribed under Rule 74; and shall:?

(2)     If the new vehicle is in his possession, forward the certificate of registration thereof, and the permit;

(3)     If the new vehicle is not in his possession, State any material particulars and the nature of the proposed new vehicle;

(4)     If the vehicle covered by the permit is held under a hire purchase, lease or hypothecation agreement, forward a no-objection certificate referred in sub-section (6) of Section 51, obtained from the financier.

(5)     Upon receipt of an application under sub-rule (1), the Transport Authority may in its discretion reject the application:?

(6)     if it has prior to the application, given reasonable notice of its intention to reduce the number of transport vehicles of that class generally or in respect of the route or area to which the permit applies; or

(7)     if the new vehicle proposed differs in material particulars and in its nature, from the old vehicle; or

(8)     if the holder of the permit has contravened the conditions of the permit.

(9)     If the Transport Authority grants permission for the replacement of a vehicle under this rule, it shall call upon the holder of the permit to produce the permit and the certificate of registration of the new vehicle, if not previously delivered to it, and shall correct the permit accordingly and return it to the holder.

(10)   The original Transport Authority which, replace motor vehicle on a permit may, unless any Transport Authority by which the permit has been countersigned has, by general or special resolution otherwise directed, likewise endorse the replacement on the countersignature of the permit, and shall intimate the fact or replacement, to the Transport Authority by which the permit was countersigned.

(11)   The original Transport Authority which replaces a motor vehicle on a permit operative in any other region or regions in accordance with the provisions of Rule 81, shall intimate the fact of replacement, to the Transport Authority of that region or regions.

(12)   The original Transport Authority which replace a motor vehicle on a permit operative in any other region or State by way of a countersignature on it, shall intimate the fact of replacement to the Transport Authority by which the permit has been countersigned.

Rule - 84. Alteration in a vehicle covered by permit.?

(1)     Further to the provisions of Section 52, the owner shall, at the same time as the report required by that section is made to the registering authority, forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted.

(2)     Upon receipt of a report under sub-rule (1), the Transport Authority by which the permit was granted may, if the alteration is such as to contravenes any of the provisions or conditions of the permit:?

(3)     vary the permit accordingly, or

(4)     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, suspend or cancel the permit.

Rule - 85. Change of address of permit holder.?

(1)     If the holder of a permit or a countersignature ceases to reside or have his principal place of business at the address recorded in it, he shall within fourteen days of any such change of address, intimate in the form prescribed under Rule 73, accompanied by such documents as may be specified by the Transport Authority alongwith a fee prescribed under Rule74 his new address, to the Transport Authority by which the permit or countersignature was granted.

(2)     On receipt of intimation under sub-rule (1), the Transport Authority may, after making such verification as it may think fit, cause the new address to be entered in the permit or countersignature, as the case may be, and shall intimate the altered address to the concerned Transport Authority.

(3)     Nothing in sub-rule (1) shall apply where the change of the address recorded in the permit is due to a temporary change not intended as to exceed three months in duration.

Rule - 86. Procedure of cancellation, suspension or expiry of permit.?

(1)     The holder of a permit may at any time surrender the permit to the original Transport Authority and the authority shall forthwith cancel any permit so surrendered.

(2)     Where a Transport Authority suspends or cancels any permit granted by it, such authority shall intimate the fact of such suspension or cancellation to any Transport Authority by which the permit has been countersigned and to any Transport Authority in the region of which, the validity of such permit has been extended under Rule 81.

(3)     Where a Transport Authority suspends or cancels any countersignature of a permit, such authority shall intimate the fact of such suspension or cancellation, to the Transport Authority by which the permit was granted.

(4)     Upon cancellation of any permit or a countersignature of a permit, the holder shall surrender the permit or countersignature, as the case may be immediately the cancellation takes effect and upon suspension, shall also surrender:?

(5)     the certificate of registration of the vehicle,

(6)     the plates bearing the registration mark of such vehicle.

(7)     Within 3 days in case of a stage carriage and 7 days in any other case, of the expiry of the permit by effux of time, the holder shall deliver the permit to the Transport Authority by which it was granted, and, the authority receiving any such permit shall intimate the fact to the Transport Authority or Authorities by which it was countersigned and to any Transport Authority in the region of which the validity of such permit has been extended under Rule 81.

(8)     The holder of the permit shall within fifteen days of the receipt of order of suspension or cancellation of permit, intimate:?

(9)     to the Transport Authority suspending or cancelling the permit, or the countersignature thereof; and

(10)   to the Transport Authority in the region of which the validity of such permit has been extended under Rule 78. The place where the vehicle in respect of which the order is passed will be kept, during the period of suspension or upon the cancellation of permit. Such holder shall not remove the vehicle from the place so intimated without the prior permission of the Regional Transport Authority in whose region the vehicle is so kept.

Rule - 87. Transfer of permit.?

(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 the form prescribed under Rule 73, to the Transport Authority by which the permit was granted, setting forth the reasons for the proposed transfer, and shall be accompanied by a fee prescribed under Rule 74.

(2)     The Transport Authority may summon both the parties to the application to appear before it and may, if it deems fit, deal with the application as if it were an application for a permit, and the Transport Authority may require the holder and the other party to State in writing whether any premium, payment or other consideration existing 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 of permit made upon such application, and there upon such transfer shall be void and of no effect, if is satisfied that any matter stated to it under sub-rule (2) of any material particular in the application, was false.

(4)     If the Transport Authority is satisfied that the transfer may properly be made, it shall call upon the holder of the permit in writing to surrender the permit within seven days of the receipt of the order.

(5)     Upon receipt of the permit, the Transport Authority shall make necessary corrections therein and shall if permit bears any countersignature, 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.

(6)     Unless the permit has been endorsed as provided in sub-rule (5), the countersignature shall be of no effect beyond the date of transfer.

(7)     Where the holder of the permit dies, the person succeeding to the possession of the vehicle covered by the permit shall make an application for transfer of permit in the form prescribed under Rule 73, to the transport authority by which the permit was granted, alongwith the permit, the certificate of registration, death certificate in respect of deceased permit holder, and shall be accompanied by a fee prescribed under Rule 74.

Rule - 88. Production of permit.?

The permit shall always be kept with the vehicle and the driver or other person in charge of a vehicle shall produce the permit, on demand by any officer of the Motor Vehicle Department of and above the rank of an Assistant Inspector of Motor Vehicles or any Police Officer not below the rank of a Sub-Inspector of Police.

Rule - 89. Provision of taxi meter on motor cabs.?

(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 taxi meter.

(2)     Where a notification as aforesaid has been issued, permit in respect of any motor cab covered by the notification shall not be granted unless such motor cab is fitted with approved taxi meter.

Rule - 90. Compulsory fitment of taxi meter.?

No motor cab required to be fitted with a taxi meter under Rule 89 (hereinafter referred to as "meter") shall be used in a public place unless:?

(a)      it is fitted with a meter of a type approved by the State Transport Commissioner's, and

(b)      the provisions of Rules 95, 97 and 98 are complied with.

Rule - 91. Prohibition of use of motor cab with defective meter.?

(1)     No meter which is in any way defective shall be fitted to any motor, cab and no cab which is fitted with a defective meter shall be used in any public place.

(2)     Upon service of a notice issued by any officer of the Motor Vehicles Department, on the owner of any motor cab, prohibiting the use of the meter fitted shall at once be removed and the motor cab shall be immediately withdrawn from service.

Rule - 92. Unauthorized interference with meter.?

(1)     No person shall break or in any way tamper with any seals or makes placed on a meter or, with an intent to. deceive tamper with a meter.

(2)     No meter shall be altered or modified with the written permission of the State Transport Commissioner.

Rule - 93. Approval of meters.?

(1)     An application for the approval of a new or a modified type of a meter shall be made to the State Transport Commissioner and shall be accompanied by two complete specimens of the meter and detailed description with drawings of its mechanism and a fee prescribed under Rule 74.

(2)     The State Transport Commissioner shall send the meters to any of the testing institutes where they shall be subjected to an exhaustive test in order to ascertain whether they comply with the requirements specified in Rule 74 and is otherwise suitable for use. At least one of the meters shall be opened and such parts removed as may be required for a comprehensive examination of the mechanism.

(3)     After the test, one meter shall be retained at the testing institute as a sample instrument and the other shall be sealed and returned to the State Transport Commissioner.

(4)     After considering the report received from the testing institute the State Transport Commissioner shall if he is satisfied that the meter complies with the requirements specified in Rule 94, and is otherwise suitable for use, approve the meter by an order in writing and shall send copy of such order to all the registering authorities within the State and the applicant.

(5)     If upon the report received from the testing institute, the State Transport Commissioner is of the opinion that the meter does not comply with the requirements specified in Rule 94 and is not otherwise suitable for use, he shall refuse the approval and shall inform the applicant accordingly after recording the reasons for refusal.

Rule - 94. Constructional requirement of meters.?

(1)     Method of indicating fare etc.?Every meter shall be so constructed (i) indicate in suitable slots upon the dial the amount of fare calculated by time and/or in kilometers and (ii) to have a flag, the position of the flag showing whether or not the meter is in action (i.e. 'Hired' or 'For hire') or stopped.

(2)     Information to be given in slots. The nature of the information given in each slot, i.e. fare, position of flag and extra charges shall be indicated by suitable wording immediately above or below the slot. The words or signs denoting rupees and paise shall be placed immediately above, below or beside the appropriate disc or drum positions.

(3)     Letters and wording.?

(4)     The letters and figures shown in the slots shall be of a size which the State Transport Commissioner considers to be reasonable and shall be so placed as to be easily readable by the hirer.

(5)     All letters and figures required to be shown on the meter and gearboxes shall be of such size, form and colour as would render them clearly legible.

(6)     Flag.?The flag of the meter shall be suitable strength and shall bear the words 'For Hire' in the transparent letters of plain book type at least 50 millimeters in height and a proportionate thickness on a red coloured ground so that they may be easily read from a distance. The arm or lever which carries the flag shall be of such length that when it is kept vertical the lower edge of the flag is above the highest part of the meter.

(7)     Mechanism and operation.?The mechanism of the meter shall be so designed that:?

(8)     the words 'For Hire' are indicated in the appropriate slot when the flag arm is vertical,

(9)     the word 'Hired' is indicated when the arm has been rotated through 130 degrees and the time and distance gearing are in engagement,

(10)   the word 'stopped' is indicated when the arm is arrested in horizontal position at 270 degrees.

(11)   the flag arm cannot normally remain in any position other than the three positions mentioned in clause (a),

(12)   The fare calculated by time ceases to be recorded when the flag is in the 'stopped' position,

(13)   the fare calculated by distance is recorded on the meter if the motor cab is driven with the flag in the 'stopped' position,

(14)   the fare recorded is not obscured when the flag is in the 'Hired' or 'stopped' position,

(15)   it is not possible

(16)   to move the flag back from the "Hired' position to 'From Hire' position or

(17)   to return the flag from 'stopped' position to 'Hired, position,

(18)   when the flag arm is raised to a vertical position (i.e. the 'For Hire' position), the previous record of fare is cleared and the various mechanisms are brought to their initial positions,

(19)   before the flag can again be rotated, the full vertical position shall be reached, and a positive stop made thereto ensure that the mechanism comes to rest and that the fare indication is obscured by a shutter,

(20)   the mechanism for recording time and distance cannot be engaged disengaged except by the normal sequence of operation of the flag arm referred to in clauses (a) and (f), and

(21)   the operation of the shutter for obscuring the fare synchronises with the engaging and disengaging of the time and distance mechanism of the meter.

(22)   Audible warning.?Every meter shall be so constructed that it gives audible warning by means of a suitable bell or going whenever the driver moves the lever which operates the recording mechanism.

(23)   Sealing.?

(a)      Every meter shall be so made as to be capable of being sealed by inset lead scale after the meter has been tested and approved. The holes or recesses "for the scale shall be 3 millimeters deep and shall taper gradually in diameter from at least 18 millimeters at the bottom to 16 millimeters at the top.

(b)      When the gear which operates the distance recording apparatus is not contained in the main part of the machine, the case of cover enclosing it shall be so made that it may be sealed either by the inset or w,ired on type of seal.

(c)      All meter cable connections shall be so made as to be capable of being sealed by means of inset or wired on lead seals, to prevent imporper removal.

(24)   Driving mechanism?-The mechanism driving the distance recording gearing of meters shall be fitted not to the driving wheels of a motor cab, but to the non-driving wheels of the chassis gear-box attached to the cab.

(25)   Plates.?

(a)      A plate of suitable size and pattern shall be attached to the meter or its gear-box in such a manner that it cannot be removed without either removing the seals affixed by the testing institute of opening the meter or the gear-box. The plate shall bear raised or sunken words, or figure denoting the measurement of the effective circumstances of the wheel by which the meter will be driven and by which its action and accuaccy may be tested.

(b)      The measurements shown on the plate shall be in accordance with the circumstances of the wheels of minimum size approved for the cab and normally attached thereto.

Explanation.?The effective circumstance of the cab wheel to which the meter transmission gearing is attached and by which the meter is driven is the distance which the cab moves forward for one complete revolution of the wheel and may be measured by making a mark on the tyre of the wheel where it touches the ground and punishing the motor cab in a straight line until this mark is again in contact with the ground, the motor cab being in its normal working condition and carrying two passengers.

Rule - 95. Rough test of meter its fitment on motor cab.?

(1)     A meter of any type approved under Rule 93, shall, before being fitted to a motor cab, be sent to the testing institute for a rough test whether the meter accurately registers time and distance and also for examination as regards its external appearance, general action and conformity with the approved type.

(2)     Arrangements shall be made at the testing institute for the action of the meter to be demonstrated by a person familiar with its construction and technical details, and after such demonstration, the person submitting the meter shall supply, for at least one day, a motor cab fitted with such meter or to which one of such meters submitted may be fitted.

(3)     The meter submitted for a rough test may be opened for interior examinations, as it may be deemed necessary.

(4)     If after test and examination, the meter is found to be suitable it shall be sealed at the testing institute in such a manner that interior parts cannot be reached without breaking the seal.

(5)     Every meter in use shall be submitted for test at the testing institute, not more than 30 days before the date on which the motor cab is to be produced for the renewal of certificate of fitness, and the report of such test shall be produced at the time of renewal of certificate of fitness.

Rule - 96. Fees, that may be charged by the testing institute.?

The following are the maximum fees that may be charged by the testing institutes for different tests:?

Rule - 97. Location of meter on a motor cab.?

(1)     The meter shall be fitted in such position and in such manner as may be approved by the Regional Transport Authority, having regard to the design of the motor cab. It shall normally be fixed on the near side of the driver's seat, with the face or dial towards the interior of the cab. So as to be clearly visible to the hirer and also capable of being read both by the hire and the driver.

(2)     Flexible or driving gear or gear-boxes shall be so affixed that no part of the cable etc. can be reached by an unauthorised person.

(3)     The meter or its gear-box shall not be fitted to a motor cab the effective circumstances of the wheel of which is different from that for which the meter has been designed, geared and tested.

(4)     The effective circumstances of the wheel by which the meter is driven shall not be more than five percent of and less than the measurement shown on the plate attached to the meter under sub-rule (9) of Rule 94.

(5)     Every motor cab required to be fitted with meter shall have a light so fixed as to illuminate the meter at night.

Rule - 98. Sealing of meter after road test.?

After the meter is fitted to a motor cab and before the cab is let or plied for hire, it shall be taken to any officer of the Motor Vehicles Department of and above the rank of an Assistant Motor Vehicles Inspector, who shall examine the meter as to the correctness of fittings and submit it to a practical road test of about eight kilometers and time test of not less than half an hour. If the meter is found to be correct its fittings to the cab shall be sealed by such officer in such manner that they cannot be removed or tampered with, without removing the seals.

Rule - 99. Meter repairs.?

(1)     After it is sealed under Rule 98, no repairs to any meter shall be made except by a maker, or a repairer approved by the Regional Transport Authority.

(2)     Any person applying for being approved as a repairer for the purpose of sub-rule (1) shall satisfy the Regional Transport Authority that:?

(3)     the applicant is of good character and of good business repute;

(4)     the applicant's financial position is sound;

(5)     the applicant is generally a fit and proper person to undertake the repair or modification of taxi meters;

(6)     the applicant maintains an efficient staff and suitable equipment at his premises and has sufficient supply of spare parts for the repair of meters:

Provided that the premises where the work of repairs or modification of meters is to be carried on shall be open at all reasonable times for inspection by officers of the Motor Vehicles Department and that they shall notify to the Regional Transport Authority if the situation of the premises is, at any time changed.

(7)     The Regional Transport Authority may, in its discretion, revoke the approval of a repairer if it is found that such person is unable to comply or has not complied with the requirements set out in sub-rule (2) or if the business is not carried on to the satisfaction of such authority.

Rule - 100. Revocation of approval of meter.?

If on receipt of a complaint from any member of the public or of a report submitted by the Secretary, Regional Transport Authority or an Inspector of motor vehicles or police officers not below the rank of Sub-Inspector of Police, the State Transport Commissioner is satisfied that meters of any type approved under Rule 93, do not record fairs correctly, or develop defects or go out of order at frequent intervals, or have ceased to conform to the requirements of Rule 94, he may, after giving a reasonable opportunity to be heard, to the person on whose application such type of meter was approved and to the person, officer or authority on whose complaint or report as the case may be, there vocation of approval of such type of meter is sought, and after such further enquiry, as he may deem necessary, revoked the approval given to such type of meter, and shall inform the person whose application such type of meter was approved, of his order on the reasons therefore:

Provided that, in case the approval is revoked on the ground that, the meter has ceased to conform the requirements of Rule 94, the order of revocation shall not apply to the meters of such type which are already sealed and in use on the date of such order:

Provided further that, in case the approval is revoked on any of the grounds that, the meters do not record fairs correctly or develop defects or go out of order at frequent intervals, the meters of such type which are already sealed and in use on the date of such order, shall be replaced by any other type of the approved meters, within three months of the date of such order.

Rule - 101. Licensing of agents engaged in sale of tickets.?

(1)     No owner shall employ any person to act as an agent for sale of tickets for travel by public service vehicles unless that person holds a valid agent's licence.

(2)     No person under the age 20 years shall hold an agent's licence.

(3)     No person shall hold more than one agent's licence effective in the same region.

(4)     Every owner of a public service vehicle to be let or plied for hire shall intimate of the Regional Transport Authority concerned the name and address of the person appointed on his behalf to act as the agent who has been engaged in the sale of the tickets to passengers for travel by such vehicle.

(5)     Application for an agent's licence shall be made to the Regional Transport Authority of the region wherein the applicant intends to carry on the business, in the form prescribed under Rule 73, and shall be accompanied by three clear copies of a recent photograph of the applicant and by a fee prescribed under Rule 74.

(6)     Application for the renewal of an agent's licence shall be made to the Regional Transport Authority by which the agents licence was issued, in the form prescribed under Rule 73, and shall be accompanied by the fee prescribed under Rule 74.

(7)     An agent's licence shall be valid for a period of three years from the date of issue or renewal and shall be effective only in the region wherein it is issued or renewed.

(8)     The Regional Transport Authority may, for reasons to be recorded in writing, refuse to issue or renew an agents licence or grant licence on such conditions as the Regional Transport Authority may consider fit to impose.

(9)     The Regional Transport Authority shall, while granting or renewing a licence or at any time during the validity of a licence, by order require the licensee to furnish a security in cash, of one thousand rupees and when a licensee has furnished earlier any security in pursuance of an order passed under this sub-rule additional security not exceeding one thousand rupees.

(10)   (i) The Regional Transport Authority may, for reasons to be recorded in writing, suspend or cancel an agent's licence,

(ii) On an agent's licence being suspended, cancelled or not renewed, it shall be surrendered forthwith to the Regional Transport Authority which issued the licence.

(11)   The Regional Transport Authority may order the forfeiture, in whole of in part, of the security furnished by the licensee, for contravention of any provision ofthis Rule or for breach of any of the conditions attached to his licence:

Provided that no such forfeiture shall be ordered, unless the licensee is given an opportunity of being heard.

(12)   In the event of the forfeiture of the security in whole or in part, the licence shall cease to be valid if the licensee fails to make payment or bring the security already furnished by him to its original value within thirty days of the receipt of the order of forfeiture.

(13)   The agent shall on demand by the Police Officer in uniform not below the rank of Sub-Inspector of Police or an Inspector or Assistant Inspector of Motor Vehicles in uniform produce his agent's licence for inspection.

Explanation.?For the purpose of Section 93 and of this 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.

Rule - 102. Licensing of agents engaged in collecting, forwarding or distributing goods.?

For the purpose of Rules 103,104,105,107,108 & 109 unless the context otherwise requires:?

(a)      "agent" means any person who is engaged in the business of collecting, forwarding or distributing goods carried by road by goods carriages plying for hire;

(b)      "agent's licence" means a licence granted to an agent under sub-rule 3 of Rule 103 for the principal establishment and includes a supplementary licence granted to such agent for any additional establishment such as, branch offices specified in such supplementary licence; and

(c)      "Licensing Authority" means a 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 - 103. Grant of agent's licence.?

(1)     Any person desiring to obtain an agent's licence shall make an application to the licensing authority in form prescribed under Rule 73, accompanied by a fee prescribed under Rule 74.

(2)     In considering the application made under this rule, the licensing authority shall have due regard, among other things to:?

(a)      the number of goods carriages, if any, either owned by the applicant or under his control;

(b)      the suitability of accommodation in the charge of the applicant for the storage of goods at every operating place;

(c)      the facilities provided by the applicant for parking the goods carriages while loading or unloading without hindrance to the general traffic in the area; and

(d)      the financial resources of the applicant and his experience in the trade.

(3)     The licensing authority shall either grant or renew the licence including a supplementary licence for branch offices, if any, in the form prescribed under Rule73, specifying the place or places where the business may be carried on, or refuse to grant or renew the licence:

Provided that the licensing authority shall not refuse to grant or renew, the licence or a supplementary licence for a branch office, unless the applicant is given an opportunity of being heard, and the reasons for refusal are recorded and communicated to him in writing.

(4)     The Licensing Authority shall, while granting or renewing a licence including any supplementary licence or at any time during the validity of a licence, by order require a licensee to furnish a security in cash of five thousand rupees and when the licensee has furnished earlier any security in pursuance of an order passed under this sub-rule, additional security not exceeding five thousand rupees.

(5)     The licence shall be in two parts, namely, the principal part (hereinafter referred to as "the principal licence) in which supplementary licence issued for every separate establishment or branch office for loading, or unloading or receipt or delivery of consignments is carried on, shall be mentioned, and the supplementary part (hereinafter referred to as "the supplementary licence"). The details of the establishments or branch office (such as municipal house no., the nearest road, by lane, the postal delivery districts and other land marks in the vicinity to enable identification of the place of business duly attested by the licensing authority) shall be attached to the licence.

(6)     The principal licence shall be kept and displayed prominently at the head office and the supplementary licence shall be kept and displayed prominently at each branch office to which it refers, except when the principal licence or supplementary licence, as the case may be, forwarded to the licensing authority for effecting renewal thereof. Such licence shall be produced before any office of the Motor Vehicles Department or any Police Officer not below the rank of a Sub-Inspector of Police when required by such officer.

(7)     The agent's licence shall be non-transferable.

(8)     The agent's licence shall be valid for a period of three years from the date of grant or its renewal. The date of expiry of the supplementary licence shall be co--terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted.

Rule - 104. Renewal of agent's licence.?

(1)     The agent's licence may be renewed on an application made in the form prescribed under Rule 73 to the Licensing Authority, and shall be accompanied by the licence and the fee prescribed under Rule 74.

(2)     The renewal of licence shall be made by endorsement of renewal thereof by the Licensing Authority on the principal and supplementary licence, if any.

Rule - 105. Conditions of agent's licence.?

The agent's licence shall be subject to the following conditions, namely:?

(1)     The licence shall, subject to the provisions of Rule 107, provide adequate space for the parking of vehicles for the purpose of loading and unloading of goods.

(2)     The licensee shall be responsible for proper arrangement for storage of goods collected for dispatch or delivery or both.

(3)     The licensee shall?

(a)      take all necessary steps for proper delivery of the goods to the consignee;

(b)      be liable to indemnity for the consignee for any loss or damage to goods while in his possession by adequate insurance cover, where available, at the cost of the consigner or consignee;

(c)      issue to the consigner and consignee a goods transport receipt only after he actually receives goods for dispatch and state therein the weight, nature of goods, destination, approximate distance over which the goods are to be carried, the freight charged, the service charge. If any, such as for local transport, insurance while in his custody and labour charge, if any, for loading and unloading provided that the service charge shall be reasonable and proof of its reasonableness established, if required by the licensing authority;

(d)      not deliver the goods to the consignee without actually receiving the consigee's note or any such note issued by the office which received the goods for dispatch or if this note is lost or misplaced an indemnity bond covering the value of goods;

(e)      issue a copy of every goods transport receipt issued to the consigner or consignee to the driver of the goods vehicle transporting the goods and shall not allow any consignment to be loaded without handing over a copy of the receipt in respect thereof to the driver;

(f)       maintain in Form A.R.T. proper record of collection, dispatch or delivery of good, the registration mark of the vehicle in which goods are carried for transport and make the same available for inspection by the Licensing Authority or by any person duly authorised by it in this behalf;

(g)      not charge commission exceeding that which may be fixed by the licensing authority subject to the orders of the State Government, if any;

(h)     maintain proper account of the commission charged by him to every operator of goods carriages engaged by him;

(i)       maintain a weighing device in good condition and capable of weighing at a time not less than 250 kilograms;

(j)       not refuse to accept goods for transport without valid reasons; and

(k)      comply with the provisions of the Rules 103, 106, 107 and this Rule.

Rule - 106. Particulars to be mentioned in contract of agency.?

All contractsentered into or way bills issued by a licensee for the purpose of collecting, forwarding or distributing goods shall be in writing and shall contain the following particulars, namely:?

(i)       names and address of consigners and consignees.

(ii)      description and weight of consignment,

(iii)     description and it's approximate distance in kilometers from the starting station,

(iv)    freight on weight-destination or weight-distance or no truck distance basis for long distance haulage, and for local transport for collection at consigner's place or delivery at consignee's place, if required,

(v)      delivery instructions i.e. the approximate date by which and the place at which goods are to be delivered to the consignee,

(vi)    terms for payment separately for long distance transport, local transport, home delivery and collection labour charges for loading and unloading and the demurrage.

Rule - 107. Places to be used for loading and unloading of goods, etc.?

(1)     The Licensing Authority may, in consultation with the local municipal authority or police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods carriages or for the storage of goods while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking of vehicles, for the purpose of loading or unloading goods carriages provided at such premises as the place of carrying on the business under the licence.

(2)     Any approval under sub-rule (1) shall be subject to the following conditions, namely:?

(a)      that the premises shall at all times be kept in a clean condition and in good state of repair;

(b)      that the premises shall be administered in an orderly manner;

(c)      that the licensee shall not change the premises or make any external alteration to it or in the parking arrangement thereat, as may be likely to cause obstruction to the general traffic in the vicinity without prior approval of the Licensing Authority;

(d)      that the licensee shall take suitable precautions to ensure that no breach of any provisions of the Act or of these rules, in so far as these provisions relate to the following matter is committed in respect of any vehicle engaged by him and which is entering or leaving or standing at such premises, namely:?

(e)      requirements that a good vehicle shall be covered by:?

(f)       valid and effective permit/countersignature for the route/area of travel;

(g)      valid certificate of fitness;

(h)     valid certificate of insurance; and

(j)       observance of the regulations or conditions as to:?

(k)      construction, equipment and maintenance of motor vehicles to the extent the defects are easily noticeable from the exterior appearance of a motor vehicle;

(l)       limits of weight and prohibitions or restrictions on use of motor vehicles;

(m)    loading of goods, overall height, length, width and projection of load laterally, to the front, the rear and in height;

(n)     transport of dangerous or explosive substances or hazardous materials or contraband articles under any law for the time being in force;

(o)      parking or abandonment of motor vehicles on road in such a way as to cause obstruction to traffic or danger to any person or other users of roads;

(p)      leaving vehicles in dangerous position; and

(q)      driving of motor vehicle by persons holding valid and effective driving licence. (3) Where the licensing authority refuses to approve any premises under sub-rule (1) it shall communicate in writing the reasons for such refusal.

Rule - 108. Suspension or cancellation of agent's licence and forfeiture of security.?

(1)     Without prejudice to any other action which may be taken against a licensee, the licensing authority may by order in writing cancel an agent's licence or suspend it for such period as it thinks fit, if in its opinion any of the conditions under which the premises have been approved or under which the licence has been granted have been contravened.

(2)     Before making any order of suspension or cancellation under sub-rule (1) the Licensing Authority shall give the licensee an opportunity of being heard and shall record reasons in writing for such cancellation or suspension.

(3)     The Licensing Authority may order the forfeiture in whole or in part of the security furnished by the licensee under sub-rule (4) of Rule 103 for contravention of any provision of this Rule or under Rules 103,106 and 107 or for breach of any of the conditions specified in Rule 105 by the licensee:

Provided that no such forfeiture shall be made, unless the licensee is given an opportunity of being heard.

(4)     In the event of the forfeiture of a security deposit or part thereof, the licence shall cease to be valid if the licensee fails to make payment to bring the security already furnished by him to its original value within thirty days of the receipt of the order of forfeiture.

Rule - 109. Issue of duplicate permits or licences.?

(1)     If a permit or a countersignature of a permit is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original Transport Authority and shall apply for the issue of a duplicate copy thereof in the form prescribed under Rule 73, alongwith a fee prescribed under Rule 74.

(2)     If an agent's licence issued under Rule 101, or under Rule 103 is lost, destroyed, torn, defaced or mutilated, the holder of the licence shall forthwith report the matter to the original Transport Authority and shall, apply for the issue of a duplicate copy of a licence in the form prescribed under Rule 73, alongwith a fee prescribed under Rule 74.

(3)     Upon the receipt of such report the Transport Authority shall after making such enquiries as it may think fit, if satisfied that a duplicate copy may properly be issued, issue a duplicate copy of the permit or countersignature or the licence, as the case may be, duly stamped "Duplicate" in red ink, and the seal of the Transport Authority.

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

(5)     If at any time it appears to an Inspector of Motor Vehicles or to a Secretary of the Transport Authority that a permit or countersignature of a licence is so torn, defeced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or Secretary may, by order in writing, impound it and require the holder to obtain a duplicate thereof.

Rule - 110. Appeals.?

(1)     Any person aggrieved by an order of refusal of approval or of revocation of approval of taxi meter may appeal to the State Government.

(2)     The Secretary to the Government in the Transport Department shall hear such appeal preferred under sub-rule (1) on behalf of the Government.

(3)     Any person aggrieved by an order made under sub-rule (3) of Rule 103, and sub-rule (3) of Rule 107 and sub-rules (1) and (3) of Rule 108 may appeal to the State Transport Authority.

Rule - 111. Manner of appeal and revision.?

(1)     An appeal or a revision under Chapter-V of the Act shall be preferred in duplicate, in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by a certified copy of that order and a fee prescribed under Rule 74.

(2)     Any person preferring an appeal of a revision shall be entitled to obtain a copy of any document filed with the Regional Transport Authority or the State Transport Authority or the State Transport Commissioner, as the case may be, and connected with the order against which he is preferring the appeal or the revision, on payment of a fee prescribed under Rule 74.

(3)     The State Transport Appellate Tribunal or any other appellate authority may give any person interested in the appeal or the revision, as the case may be, a copy of any document connected with such appeal or revision, on payment of a fee prescribed under Rule 74.

(4)     An appeal shall be preferred within thirty days from the date of the order: Provided that the appellate authority may entertain an appeal against the order of revocation of approval of taxi meter after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by good and sufficient casue from preferring the appeal in time.

Rule - 112. Procedure in appeal and revision.?

(1)     After the State Transport Appellate Tribunal has appointed a time and place for the hearing of an appeal under Section89 or a revision application under Section 90, it shall give an intimation to the authority against whose orders the appeal or revision application is made and also to the appellant or applicant and such appellant or applicant shall within fourteen days of the receipt of intimation forward to the State Transport Appellate Tribunal a list of documents upon which he proposes to rely together with copies of such documents in duplicate, and may appear before the State Transport Appellate Tribunal in person or through a duly authorised representative on the appointed date and at subsequent hearings.

(2)     The other appellate authority prescribed under Rule 110, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may consider necessary, may pass such orders as it thinks fit.

Rule - 113. Intimation of damage to or failure of stage carriage.?

(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 writting to theTransport Authority by which the permit was issued, any failure of, or damage to such vehicle or to any 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 in respect of a service of stage carriages shall within twelve hours of the occurrence, report in writing to the Transport Authority by which the permit was issued, any 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 or conditions of the permit for a period exceeding twenty-four hours.

(3)     Upon receipt of a report under the preceding sub-rule, the Transport Authority by which the permit was issued may, subject to the provisions of Rule80:?

(4)     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

(5)     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.

(6)     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 countersignature or otherwise.

Rule - 114. Stage carriage to ply on routes other than those specified in permit under special circumstances.?

If in special circumstances and for reasons to be recorded in writing the authority granting the permit if so directs, the holder of the permit granted in respect of a stage carriage, shall use the stage carriage on such route or in 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 - 115. Maintenance of complaint books.?

(1)     A bound complaint book duly ruled, paged, signed and stamped with the seal of the stage carriage permit holder, approved and countersigned by the Regional Transport Officer concerned, shall be maintained by the permit holder, in every stage carriage and also at such bus stands as may be directed by the Regional Transport Authority, to enable the 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 the complaint shall also clearly and legibly record in the complaint book his full name, address and date on which such complaint is written.

(3)     The stage carriage permit holder 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 stage carriage permit holder, to the complainant.

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

(5)     If the complaint book is lost or destroyed, the stage carriage permit holder shall within one week of such loss or destruction intimate the fact in writing to the Regional Transport Officer concerned.

(6)     If the Regional Transport Authority is satisfied that adequate arrangements for recording complaints have been made in respect of any stage carriage service, it may, by a notification in the official gazette, direct that, subject to such terms and conditions as may be specified therein, the provisions of "this rule shall not apply to such stage carriage service.

Rule - 116. Safe custody and disposal of property left in a public service vehicle.?

(1)     Where a permit holder or any responsible person receives any article under clause (f) of Rule 16 or Clause (n) of Rule 29 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 peiod mentioned in the preceding sub-rule?

(a)      the article is claimed by not more than one person the permit holder may after making such inquiries as he deems fit and if necessary after taking an indemnity agreement from the claimant handover the article to the claimant;

(b)      the article is claimed by f wo or more than two persons, then the permit holder may handover 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, then the provisions in relation to unclaimed property will apply.

Rule - 117. Determination of passengers carrying capacity of public service vehicle.?

Notwithstanding anything contained in the Rules, no public service vehicle other than a motor cab shall be licensed to carry a number of passengers in excess of that number obtained by substracting 90 kilograms from the difference in kilogram between the gross vehicle weight and unladen weight of the vehicle and dividing the resulting figure?

(i)       by 60, in the case of double decked vehicles and single decked vehicles operated exclusively within the municipal and cantonment areas; and

(ii)      by 70, in the case of other single decked vehicles.

Rule - 118. Conduct of persons using stage carriages.?

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

(i)       obstructs any authorised employee of the permit holder in the execution of his duties, or

(ii)      has bulky luggage which obstructs, annoys, 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 packing), any instrument, implement, substance or any other article which annoys or inconveniences or is offensive any other passenger likely to do, or be, so, or

(iv)    without lawful excuse occupies any seat exclusively reserved for female passengers, or

(v)      sings or plays upon any musical instrument, 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 of standees permitted under the terms of the permit, or

(ix)    has a dress or clothing, which is likely to soil 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 the 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; and any person failing to comply forthwith with such a requirement may be forcibly removed by the conductor or the driver or any police officer on being requested by the driver or conductor or any passeger in that behalf, and shall also 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)   molest any other passenger, or

(viii)  spit, eject betel nut juice, or

(ix)    smoke, in any vehicle on which a notice prohibiting smoking is exhibited, or

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

(xi)    enter or attempt to enter into or alight or attempt to alight from a stage carriage except by the entrance or exit provided for the purpose, or

(xii)   enter a stage carriage without first permitting passengers to alight in case separate exit is not provided, or

(xiii)  mount the driver's platform or talk with the driver or interfere with the driving of the vehicle or otherwise distract the attention of the driver of a stage carriage while he is driving, or

(xiv)  use or attempt to use a ticket other than the ticket valid for a particular journey or use or attempt to use a ticket which has already been used by another passenger or on another journey, or

(xv)   wilfully damage or soil or remove any fitting in or on the stage carriage or interfere with any light or any part of the stage carriage or its equipment, or

(xvi)  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

(xvii) 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 refuse to get off the stage carriage in which he is travelling at the terminus of the route for which it is booked, or

(xviii)   on demand, being made by the driver or conductor or police officer or officer of the Motor Vehicles Department, when reasonably suspected or contravening any of the provisions of this rule, refuse to give his correct name and address to such driver or conductor, or officer, or

(xix)  on a request being made by the conductor refuse to declare to him, the journey he intends to take or has taken in the stage carriage, or before leaving the stage carriage, omit to pay to the conductor the legal fare for the whole journey.

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

(4)     If at any time, a passenger in a bus occupies more than one seat either for himself or for another 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 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.

(5)     No passenger or person shall leave or attempt to leave a stage carriage without paying the legal fare for the journey which he has undertaken and with intent to avoid payment thereof.

(6)     Any passenger or person contravening the provisions of sub-rule (5) may be removed from the vehicle by the driver or conductor or any other person authorised in this behalf by the permit holder or on the request of the driver or conductor or any other person authorised in this behalf by the permit holder, by any police officer.

(7)     A passenger or person in or on a vehicle who is reasonably suspected by the driver or conductor or any person authorised by the permit holder for the purpose of sub-rule (6), of contravening the provisions of sub-rule (5) shall on demand, give his name and address to a police officer or to the driver, conductor or such person, as the case may be.

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.

Rule - 119. Conduct of passengers using motor cabs and maxi cabs.?

(1)     No passenger in a motor cab or maxi-cab shall?

(2)     wilfully or negligently damage the cab or any of its fittings, or

(3)     on termination of the hiring, refuse or omit to pay the legal fare. (2) In the case of a dispute between the driver of a motor cab or maxi-cab and the passenger either party may required 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 address alongwith the substance of the respective contention of both parties and shall take necessary actions according to law.

Rule - 120. Carriage of personal luggage in private service vehicle.?

(1)     Not more than 25 kilograms of luggage or personal effects per occupant may be carried in a private service, vehicle:

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

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

Rule - 121. Carriage of the passenger's luggage in stage carriages.?

(1)     No luggage shall be carried in any stage carriage in such a way as to block an entrance or exit of the vehicle.

(2)     Subject to the provisions of sub-rule (3) of Rule 123 the luggage may be carried in boot, locker or compartment set aside for the purpose, but where the luggage is carried on the roof of a single decked stage carriage, adequate protection in the form of a guard shall be provided.

(3)     Except in the case of a stage carrier operated exclusively within municipal areas, a passenger in a stage carriage shall be entitled to carry free of charge not more than 15 kg. of luggage and personal effects.

Rule - 122. Carriage of children and infants in public service vehicles.?

(1)     In relation to the number of persons that may be carried in a public service vehicles:?

(2)     a child of not more than twelve years of age be reckoned as one half, and

(3)     a child not more than three years of age shall not be reckoned.

(4)     Notwithstanding anything contained in sub-rule (1) for the purpose ofcarrying school children excess children may be carried in a motor cab ordinarilyknown as an auto-rickshaw, subject to the following conditions:?

(i)     additional seating arrangements shall be made in the passenger compartment of such vehicle,

(ii)    the seat-cushions shall have plane surface and not curved surface,

(iii)   the right side opening of the passenger compartment shall be permanently scaled by a grill of such design that no limb of a child can protrude through such grill,

(iv)  the left sides opening of the passengers compartments shall have a door, in the form of a grill as stated in clause (iii) above-which can be safely bolted,

(v)    the vehicle shall be fitted with a bulb horn and such horn shall always be in working condition,

(vi)  the vehicle shall be fitted above the front wind screen, with a board inscribed 'School Auto' thereon in red or a yellow back ground,

(vii) no audio device, or any kind of car or motorcycle pattern, shall be fitted in the vehicle,

(viii)      the vehicle shall not be driven at a speed in excess of 20 kms. per hour,

(ix)  the vehicle shall not carry more than the number of school children as may have been permitted by the registering authority in respect of each individual vehicle depending on the seating arrangements provided in that vehicle.

(5)     Save for the purpose of carrying children to or from the school, the vehicle described in sub-rule (2) shall not carry children in excess of the number mentioned in sub-rule (1).

Rule - 123. Carriage of goods in public service vehicle.?

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

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

(3)     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 certain classes of goods may be so carried.

(4)     Subject to the provisions of sub-rule (3), 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.

(5)     Where goods are carried in a stage carriage in addition to passengers, the goods shall be of such a nature and shall be so packed and secured on the vehicles that no passenger, such number of seats as may be specified in the permit shall be kept free and unimpeded for the use of passengers and access to the entrance to and exit from the vehicle shall be unobstructed.

(6)     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. 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.

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

(8)     The Regional Transport Authority shall not authorise the use of a contract carriage for the carriage of goods save for (a) special reasons in particular occasions and subject to conditions and restriction to be specified in the permit, or (b) the carriage of the personal, office or household effects of a hirer if so authorised by the permit but not the carriage of general merchandise.

(9)     Notwithstanding anything mentioned in sub-rule (8) the Regional Transport Authority may, subject to such conditions as it may think fit to impose, authorise the carriage of goods in any contract carriage, in addition to or to the exclusion of passengers:

Provided that the weight in kilograms of goods so carried shall not exceed (N-X) x 68, where N is the registered passenger seating capacity of the vehicle and X is the number of passengers actually carried in the vehicle.

Rule - 124. Carriage of corpses or persons suffering from any infectious or contagious disease in public service vehicles and the disinfection of such vehicles.?

(1)     No driver and conductor of a stage carriage or no driver of a contract carriage 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 such infectious or contagious disease, or the corpse of any person whom he knows or his reason to believe to have been suffering from any such disease:

Provided that nothing in this sub-rule shall be deemed to authorise the driver to refuse to allow to enter into or to be placed or carried in the vehicle, a person whom the driver suspects to be suffering from Tuberculosis if the person produces a certificate issued to him by a registered medical practitioner certifying that the person is not suffering from Tuberculosis or that the disease from which the person is suffering is not infectious or contagious.

(2)     Notwithstanding the provisions of sub-rule (1), 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 the vehicle, provided thatno other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

(3)     Where a person suffering from an infectious or a contagious disease, or the corpse of any such person has been carried in the vehicle the driver of the vehicle shall be responsible to report the fact of such carriage to the medical officer incharge of the nearest municipal, local board 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 conductor, if any, and the vehicle have been disinfected in such manner as the medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(4)     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 once in every two months it is disinfected with D. D.T. or any other liquid insecticide approved for the purpose by the Director of Medical Services.

(5)     The owner of a public service vehicle shall maintain, and on demand by an officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicle or a police officer not below the rank of a Sub-Inspector of Police, produce for inspection, a register showing the date on which the public service vehicle was disinfected from time to time and shall also satisfy him that a mechanical sprayer which shall be used for the purpose of such disinfection is in working order.

Rule - 125. Carriage of persons in goods carriages.?

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

Provided that the owner or the hirer or a bona fide employee of the owner or the hirer of the vehicle may be carried free of charge or a police officer in uniform travelling on duty, may be carried, in a goods carriage:

Provided further that the total number of persons so carried shall not be more than:?

(2)     one, in case of a light motor vehicle having gross vehicle weight less than 900 kilograms;

(3)     three, in case of any other light goods vehicle,

(4)     five, in case of any medium goods vehicle.

(5)     Notwithstanding anything contained in sub-rule (1), but subject to the provisions of sub-rule (4), a Regional Transport Authority may, by an order in writing permit that a larger number of persons may be carried in the goods carriage 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 specified 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.

(6)     Notwithstanding anything contained in sub-rules (1) and (2), but subject to the provisions of sub-rule (4):?

(a)      for the purpose of celebrations in connection with the Republic Day or Independence Day, the Regional Transport Officer,

(b)      for the purpose of enabling a co-operative society or class of co?operative societies owning or hiring a goods carriage to carry its members under its authority in such goods carriage when used for the ordinary course of its business, State Transport Commissioner,

(c)      where it considers expedient in public interest in respect of vehicles owned or hired by it, and in respect of other vehicles on such in escapable grounds of urgent nature to be specified in the order, the State Govt. may by general or special order, permit goods carriage to be used for the carriage of persons for the purposes aforesaid and subject to such conditions as may be specified in such order.

(7)     No person shall be carried in any goods carriage unless an area of not less than 0.37 square meters of the floor of the vehicle is kept open for each person, in such manner?

(8)     that such person when carried on goods carriage or otherwise is in danger of falling from the vehicle,

(9)     that any part of his body, when he is in a sitting position is not at a height exceeding three meters from the surface upon which the vehicle rests.

(10)   No person other than an attendant or attendants, if any as required under sub-rules, (ii) and (iii) of this sub-rule shall be carried on a trailer which is a goods vehicle:

Provided that not more than four persons on a single axled trailer and six persons on a trailer having more than one axle may be carried in addition to such attendant or attendants, subject to the conditions that:?

(11)   the trailer has been fitted with fixed grab rails not less than 610 millimeters in height, on the said plank of the load body on all sides except the rear side, for the support of the persons so carried;

(12)   when the trailer is being used in a public place, no part of the body of any person so carried in such a trailer is more than three meters above the ground level; and

(13)   the gross laden weight of the trailer does not exceed the gross vehicle weight assigned to it.

(14)   No person shall travel in goods carriage in contravention of the provisions of this rule.

Rule - 126. Carriage of animals in goods carriage.?

(1)     No cattle shall be carried in a goods carriage in a public place unless?

(2)     in case of goats, deer or pigs?

(a)      a minimum floor space of 0,19 square meter per head of such cattle is provided in the vehicle;

(b)      proper arrangements for ventilation, and protection from weather are made.

(3)     in the case of any other cattle?

(a)      minimum floor space of 2 meters 1 meter per head of cattle and half of such floor space for a young one or 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 1.5 meter measured from the floor of the vehicle on all sides and the back;

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

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

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

(4)     If the cattle are carried in a double-decked goods carriage then:?

(a)      the upper deck flooring is covered with metal sheets with a minimum height of 8 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;

(b)      proper arrangements for drainage shall be made on each floor; and

(c)      wooden battens shall be provided on each floor to prevent slipping of hoofs of the animals:

Provided that only young ones of cow, buffalo, bull, horse, pony, or, ass etc. shall be carried, on the upper deck of the vehicle.

(5)     No animal belonging to or intended for a circus, men agerie or zoo shall be carried in a goods carriage in public place unless?

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

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

(8)     No goods carriage when carrying any cattle or animals, shall be driven at a speed in excess of 40 kilometers per hour, Explanation "Cattle" for the purposes of this rule includes goats, sheep, buffalo, bull, ox, cow, deer, horse, pony, mule, ass, pig or the young ones thereof.

Rule - 127. Painting and marking of motor cabs in certain manner.?

(1)     In case of the motor cabs ordinarily known as Autorickshaw, the hood of every such cab shall be painted in cream yellow and the rest of the body in black colour:

Provided that if the hood of such cab is collapsible or removable, a band of 75 millimeters wide shall be painted in cream yellow on the upper most metal part of the body.

(2)     Every motor cab other than those mentioned in sub-rule (1), and every maxi-cab shall be fitted with a rectangular box-like device of a size 30 cms in breadth and 10 cms in height, and made of any transparent material such device shall be fitted at the centre on roof above the front wind-shield; and the word TAXI" shall be painted, on the front and rear sides of such device, in red on a transparent back ground, the word "TAXI" shall be in English and the letters shall be 7 cms in height and shall have uniform thickness of 1.5 cms. The interior of such device shall be equipped with lamp of similar power as of rear lamp, illuminating the word "TAXI" so as to render it legible from a distance of 15 meters from the front and rear of the vehicles.

(3)     A permit number allotted by the Transport Authority shall be painted on the motor cab at each of the following places namely:?

(4)     the left hand top portion of the wind screen,

(5)     the rear boot;

(6)     the left front door; and

(7)     the right front door.

(8)     The permit number shall be painted in transparent in a red circle and the numerals shall be 50 millimeters high and 4 millimeters thick.

(9)     The number of the left hand portion of the windscreen shall be so painted as to be readable from inside; and the number on the rear boot, the left front door and the right front door shall be painted against the background.

(10)   No motor vehicle other than a motor cab ordinarily known as autorickshaw shall be painted in the manner prescribed in sub-rule (1).

(11)   Nothing in this rule shall apply to or in relation to any tourist vehicle.

Rule - 128. Prohibition of painting or marking of transport vehicle in certain manner.?

(1)     No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority bygeneral or special order.

(2)     A transport vehicle when regularly used for carrying Government mail by or under a contract with the Indian Posts and Telegraphs Department, shall be painted in postal red colour and shall exhibit in a conspicuous place upon a plate or on a plain surface of the motor vehicle the word "MAIL" in red colour on a transparent ground, each letter being not less than 15 centimeters in height and of a uniform thickness of 20 millimeters.

(3)     Same as aforesaid no stage carriage or contract carriage shall be painted in postal red colour or display any sign or incription which includes the word "MAIL":

Provided that a stage carriage belonging to the State Transport Undertakings may be partly colour in red, if such colour is of a shade distinct from that used on vehicles carrying Government mail.

Rule - 129. Power to inspect tax meters.?

Any police officer in uniform not below the rank of a Sub-Inspector of Police or any officer of the Motor Vehicles Department, of and above the rank of an Assistant Inspector of Motor Vehicle, in uniform may, if he has reason to believe that a motor cab fitted with a meter has been or is being plied with the meter which is defective or have been tampered with, stop such motor cab and in order to test such meter direct this driver or the person-in-charge of such motor cab to proceed to the nearest testing institute and take or cause to be taken such other steps as he may consider proper for the purpose.

Rule - 130. Power to inspect transport vehicle and their contents.?

(1)     Any police officer in uniform not below the rank of a Sub-Inspector of Police or any Officer of the Motor Vehicles Department in uniform, may at any time when a goods carriage is in a 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 such officer to make reasonable examination of the contents of the vehicle.

(2)     Notwithstanding anything contained in sub-rule (1) such officer shall not be entitled to examine the contents of any goods carriage unless:?

(3)     the permit in respect of the vehicle contains a provision or condition in respect of the goods may or which may not be carried in the vehicle;

(4)     such officer has reason to believe that the vehicle is being used in contravention of the provisions of the Act or rules, made thereunder.

(5)     Any police officer in uniform or any officer of the Motor Vehicles Department, may at any time when a public service vehilce is in a 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 such officer to make reasonable examination of the number of passengers and other contents of the vehicle so as to satisfy himself that the provisions of the Act and the Rule made thereunder and conditions of the permit in respect of the vehicle are being complied with.

(6)     Any police officer in uniform not below the rank of a Sub-Inspector of Police or any officer of the Motor Vehicles Department in uniform may at any time when a transport vehicle is in a 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 such officer to inspect the brakes of the vehicle so as to satisfy himself that the provisions of the Act or the Rules made thereunder regarding the brakes are complied with.

Rule - 131. Power to inspect business premises.?

Any officer of the Motor Vehicles Department, of and above the rank of an Assistant Motor Vehicles Inspector, or any other person authorised in this behalf by the State Govt. may, enter at all reasonable time any premises used by the permit holder for his business, for the purpose of inspection of such premises.

Rule - 132. Fixing the hours of work in advance.?

The State or a Regional Transport Authority may require persons employing any person for the purpose of driving a transport vehicle, to make, to the satisfaction of the said authority, such time-table, schedule or regulation, as may be necessary, fixing before hand, the hours of work of the persons employed by him, and upon approval by such authority of any time-table, schedule or regulation as aforesaid, it shall be the record of the hours of work fixed for the persons concerned for the purpose of sub-section (3) and sub-section (4) of Section 91.

Explanation.?

(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 in the vehicle including any time spent on the vehicle during a journey save as passenger in a public service vehicle shall not, and

(ii)      any time spent by, the driver of a vehicle on or near the vehicle when it is at rest, when he is at liberty to leave the vehicle 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 (i) of Section 91.

Rule - 133. Record to be maintained and the returns to be furnished by the owners of Transport Vehicles.?

(1)     The Regional Transport Authority may by general or special order, require the owner of a Transport Vehicle.?