The Rajasthan Motor Vehicles Rules, 1990

Whereas the Draft of the Rajasthan Motor Vehicles Rules, 1990 was published as required by Sub-Section (1) of Section 212 of the Motor Vehicle Act, 1988 (59 of 1988) in the Rajasthan Gazette, Extraordinary, Part 3(kh), dated the January 6, 1990, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of 30 days from the date on which the copies of the said notification, as published in Rajasthan Gazette, are made available to the public.

And Whereas, copies of the said notification were made available to the public on the 7th March, 1990,

And Whereas the objections and suggestions received on the said draft rules have been considered by Government.

Now, therefore, in exercise of the powers conferred by Sections 8(3), 28, 38, 65, 95, 96, 107, 111, 138, 146, 176, 201, 211 and 213 of the said Act, the State Government hereby makes the following rules, namely:-

CHAPTER I

Preliminary

Rule 1.1. Short title and application.?

(1)     These rules may be called the Rajasthan Motor Vehicles Rules, 1990.

(2)     They shall come into force from the date separately notified in the Official Gazette and shall extend to the whole of the State of the Rajasthan.

Rule 1.2. Definition.?

(1)     In these rules unless there is anything repugnant, in the subject or context,-

(a)      "Act" means the Motor Vehicles Act, 1988(59 of 1988) of the Central Legislature;

(b)      "Additional Secretary to the State Transport Authority/Regional Transport Authority" means an officer, not below the rank of a District Transport Officer, appointed by the State Government. He shall perform all or any of the functions of the Secretary of the State Transport Authority/Regional Transport Authority and shall also perform such other functions in connection with the work of the (State Transport Authority/Regional Transport Authority];

(c)      "District Collector and District Magistrate" includes an Additional District Collector and District Magistrate;

(d)      "Divisional Commissioner" includes an Additional Divisional Commissioner;

(e)      "District Transport Officer" means any officer appointed by the Government to perform the functions and exercise the powers of a District Transport Officer under these rules;

(f)       "Fleet Owner" means any person or any undertaking having fleet of at least 200 buses, either in his own name or in his possession or control and includes the undertaking of other States operating their motor vehicles in this State under any agreement with any State;

(g)      "Forms" means the forms prescribed under these Rules;

(h)     "Motor Vehicle Inspector" means any officer appointed by the State Government to perform the functions of a motor vehicle inspector under the Act, these rules and rules framed by the Central Government;

(i)       "Motor Vehicle Sub-Inspector" means any officer appointed as such by the State Government;

(j)       "Passenger" means any person travelling in a public service vehicle other than the driver, or conductor and a person engaged for loading and unloading of the luggage of the passengers;

(k)      "Regional Transport Authority" means a Regional Transport Authority constituted under sub-section (1) of Section 68 of the Act;

(l)       "Regional Transport Officer" means any officer appointed by the Government to perform the functions and duties of a Regional Transport Officer under these rules [and includes Additional Regional Transport Officer];

[(m) "Secretary of the State Transport Authority" means any Additional Transport Commissioner, posted at head office of Transport Department, appointed by the Government to perform the functions and duties of the Secretary of the State Transport Authority;]

(n) ? "Secretary to the Regional Transport Authority" means the Regional Transport Officer of the concerned region and where there is no Regional Transport Officer, any other officer appointed by the Government to perform the functions of the Regional Transport Officer;

(o) ? "State" means the State of Rajasthan;

(p) ? "State Transport Authority" means the State Transport. Authority, constituted for the State of Rajasthan under sub- section (1) of Section 68 of the Act;

(q) ? "Taxi Meter" means any Mechanical or Electronic device approved by the State Transport Authority to be attached to motor cab for the calculation and legible exhibition of fare and other charges due from passenger therein.

(r)??? "Transport Commissioner" means an officer appointed by the State Government to perform the duties and functions of the Transport Commissioner under these rules and includes an additional Transport Commissioner.

[(s)? "Assistant Transport Commissioner" means an officer appointed by State Government to perform the duties and functions as assigned to them.]

(2)     Words and expressions used in the Act and rules made by the Central Government and not defined in these rules shall have the meaning assigned to them under the Act and rules made by the Central Government under the Act and as amended from time to time by the Central Government.

CHAPTER II

Licensing of Drivers of Motor Vehicles

Rule 2.1. Licensing Authority.?

The Licensing Authority shall be a District Transport Officer so appointed for the district or the Motor Vehicles Inspector [or any person], specially authorised by the State Government to perform the duties of the Licensing Authority. Licensing Authority for the purpose of rules 24 to 28 of Central Motor Vehicles Rules, 1989 shall be Regional Transport Officer so appointed for the Region.

Rule 2.2. Authorisation to drive Transport Vehicle.?

(1)     Holder of a licence may, at any time, apply to the Licensing Authority in Form R.S. 2.1, for the grant of authorisation along with the certificate of minimum qualification prescribed by the Central Government and driving certificate issued by an approved school of Motoring under section 12. Such application shall be accompanied by the licensee and prescribed fee. The Licensing Authority to which an application is made is satisfied with the applicant who fulfil all the requirements prescribed by the Motor Vehicles Act and the rules made thereunder by the Central Government and may make enquiry into his character and antecedents and by a notice in writing summon him to appear before it at such time and place as it may appoint, the Licensing Authority shall authorise him to drive a Transport Vehicle, and return the driving licence to the applicant thereof and shall at the same time if the driving licence was issued by a different Licensing Authority send intimation in form R.S. 2.2.

(2)     If the Licensing Authority rejects an application for licence or for authorisation to drive a Transport Vehicle, it shall inform the applicant in writing giving its reasons within one month and shall return the licence to him.

Rule 2.3. Testing Officer.?

The test of competence to drive as prescribed by the Central Government shall be conducted by the Licensing Authority or a person authorised by such authority, not below the rank of Motor Vehicles Sub-Inspector.

Rule 2.4. Driving Test.?

(1)     Subject to Sub-section (6) of Section 9 of the Act, the applicant shall furnish a serviceable vehicle of the class to which the application refers and present himself for test at such time and place as may be specified by the Licensing Authority.

(2)     Where an applicant has passed the test of competence to drive the Motor Vehicle, he shall, on the same day or within a week thereof, pay to the Licensing Authority a fee as specified in the rules made by the Central Government. Provided that, the applicant, unless he shows sufficient reasons for not paying the said sum within a week shall be liable to pass a fresh test of competence.

Rule 2.5. Appellate Authority.?

(1)     The Authority to hear appeals under Sub-section (8) of Section 9, Sub-section (2) of Section 17 and Subsection (3) of Section 19 of the Act, shall be the Regional Transport Officer.

(2)     An appeal under rule 2.5 shall be preferred, within thirty days of the date of receipt of such order to the authority mentioned in rule (1) above.

Rule 2.6. Procedure for Appeal.?

(1)     An appeal under rule 2.5 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objection to the order of Licensing Authority and shall be accompanied by the original or certified copy of the order appealed against and appropriate fee as specified in the rule 2.29.

(2)     The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, pass appropriate orders, and an order passed by Appellate Authority shall be final.

Rule 2.7. Medical Certificate.?

The medical certificate as required under Sub-section (3) of Section 8 of the Act shall be signed by such Registered Medical Practitioner as the Transport Commissioner may notify for a specified area in the Official Gazette on payment of prescribed fee.

Rule [2.7A. Evidence as to correctness of address.?

Bhamashah card issued by the State Government shall also be an evidence as to correctness of address in addition to documents specified in Rule 4 of the Central Motor Vehicles Rules, 1989.]

Rule 2.8. Demand for Recent Photograph.?

If at any time it appears to a Licensing Authority that the photograph affixed to the 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 and the holder shall, within such period as the Licensing Authority may specify, appear in person before the Licensing Authority and present the photograph accordingly. If the holder fails to comply with a requisition by the Licensing Authority under this rule, the licence shall cease to be valid from the expiry of the said period.

Rule 2.9. Duplicate licence with new photograph.?

(1)     Upon receipt of the copies of the photograph as provided in rule 2.8 the Licensing Authority shall remove old photograph from the licence and affix and seal thereto one copy of the new photograph and return the licence to the applicant and shall, if he is not the Licensing Authority by whom the Licence was issued, forward the one copy of the photograph to that authority;

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

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

Rule 2.10. Licence lost or destroyed-information.?

(1)     If at any time a licence is lost or destroyed the holder of such licence shall forthwith intimate the facts in writing to the Licensing Authority, having jurisdiction over the area in which he has his place of residence at the time Form R.S. 2.3 or in a letter setting out the particulars required by that form, and pay the prescribed fee for duplicate licence as in rule 2.29.

(2)     Upon the receipt of the information specified in rule 2.10 the Licensing Authority shall, if he is not the authority by whom the driving licence was issued write to that authority for particulars of the driving licence and if any endorsements thereon, if satisfied after making such enquiries as it thinks fit, that duplicate licence may properly be issued, issue a duplicate licence. Provided that where subsequent to the issue of a duplicate driving licence, it is found that there has been an endorsement by a court since the date of the grant or last renewal of the licence, it shall be lawful for the Licensing Authority to call for the duplicate driving licence and make the necessary endorsement thereon.

Rule 2.11. Photograph for duplicate.?

Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish the Licensing Authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and the other shall be transmitted by the authority issuing the duplicate licence to the authority by which the licence was issued.

Rule 2.12. Licence-lost-delivery.?

When a duplicate licence has been issued upon representation that a licence has been lost and the original licence is afterwards found by the holder it shall be delivered to the Licensing Authority. Any other person finding a driving licence shall deliver it to the holder of the licence or to the nearest Police Station or nearest Licensing Authority. The Officer-in-charge of the Police Station in receipt of licence shall immediately forward it to the nearest Licensing Authority.

Rule 2.13. Licence-defaced or tom or Impounding of.?

If at any time it appears to the Licensing Authority that a licence hold by any person is so torn or defaced in any way as to cease to be reasonable legible, the Licensing Authority may impound the licence and issue a duplicate. If a licence -impounded as aforesaid is required to have a photograph of the holder affixed thereto, then:-

(i)       if the photograph on the impounded licence is in the opinion of the Licensing Authority satisfactory and conveniently transferable to the duplicate licence the Licensing Authority may so transfer, affix and seal the photograph to the duplicate licence, or

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

Rule 2.14. Duplicate to be stamped.?

When a duplicate licence is issued it shall be clearly stamped 'Duplicate' in 'Red' and shall be marked with the date of issue of the duplicate and the seal of the Licensing Authority.

Rule 2.15. Disqualification-Procedure on.?

A Licensing Authority taking possession of a licence under clause (a) of sub-section (2) of section 19 of the Act shall, if the licence was issued by another Licensing Authority, intimate the facts to that authority.

Rule 2.16. Endorsement of disqualification.?

When a Licensing Authority declares a person disqualified under sub-section (1) of section 19 of the Act, it shall, if the person holds a licence, endorse the licence accordingly and shall send intimation of such declaration to the authority by which the licence was issued.

Rule 2.17. Endorsement of licence by Court.?

The Court making or causing to be made an endorsement on a licence under Section 24 of the Act shall send intimation in Form R.S. 2.4, to the Licensing Authority by which the licence was issued and the Licensing Authority by which it was last renewed.

Rule 2.18. Intimation of renewal to original Licensing Authority.?

The Licensing Authority renewing a licence under the provisions of sub-section (6) of Section 15 of the Act shall intimate the facts to the Licensing Authority by which the licence was issued in Form R.S. 2.5.

Rule 2.19. Intimation of addition to licence.?

A Licensing Authority adding, under sub-section (3) of Section 6 of the Act, to the classes of motor vehicles which a licence authorises, the holder to drive shall, if it is not the authority by which the licence was issued intimate the addition to that authority in Form R.S. 2.6.

Rule 2.20. Certificate of automobile association.?

For the purpose of the second proviso to Sub-section (3) of Section 9 of the Act, the following Automobile Associations are recognised associations:-

(1)     The Automobile Association of Bengal.

(2)     The Automobile Association of Southern India.

(3)     The Automobile Association of Upper India.

(4)     The Uttar Pradesh Automobile Association.

(5)     The Western India Automobile Association:

Provided that this power shall be exercised by the aforesaid association in respect of their members only, and the fees of test of competence collected by the association, shall be remitted by the association concerned, with the certificate and the certificate shall not be considered to be valid unless the fee is so remitted. The aforesaid association shall also maintain regular and proper accounts of such collections and shall allow the officers of the Accountant General, Rajasthan, or officers authorised by the Transport Commissioner, Rajasthan to inspect such accounts.

Rule 2.21. Report of change of address.?

The holder of a licence entitling him to declare as to drive a public service vehicle shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report in Form R.S. 2.8 any change of his temporary or permanent address as notified on the licence to the Licensing Authority by whom the licence was issued and to the Licensing Authority by whom it was last renewed.

Rule 2.22. Exemption of certain persons from licence and lost of competence fees.?

(1)     No fee shall be charged under this chapter-

(i)       from the members of Police Force or Fire Brigade when licences to drive Police or Fire Brigade Motor Vehicles and issued to them.

(ii)      from the members of the Technical Co-operation Mission of U.S.A., stationed at Udaipur.

(2)     No fee for the test of competence shall be payable by the applicant if he is ex-service-man and produces a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union.

Rule 2.23. Conduct and duties of Drivers of Stage Carriages and Contract Carriages other than Motor Cabs.?

(1)     The driver of a stage carriage or a contract carriage, other than a motor cabs.-

(i)       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 as provided under Chapter VII of these Rules or Act or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle,

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

(iii)    shall, subject to any rules or regulations in force prohibiting the taking up or setting down or passengers at, or except at certain specified places, being the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle, and, unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

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

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

(a)      shall not cause or allow any such vehicle to stand, or loiter in any public place for the purpose of collecting passenger or goods save in such place and in such manner as may be approved by competent authority, and

(b)      shall not wrongfully obstruct or attempt to obstruct the driver, conductor or other person-in-charge of any other public service vehicle in the transaction of his business:

(vi)    shall not smoke while on duty:

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

(viii)  shall be cleanly dressed in the following uniform:-

(1)     Khaki Bush-shirt or coat with four pockets with flap,

(2)     Khaki full pant,

(3)     Khaki cap or turban:

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

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

(x)     shall not interfere with person mounting or preparing to mount upon any other vehicles:

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

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

(xiii)  shall not save for good and sufficient reason refuse to carry any person tending legal fare;

Explanation. - where the legal fare is less than one rupees, a demand by such person for change in excess of that sum shall be a good and sufficient reason for refusing to carry such person for the purposes of this offence.

(xiv) shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical breakdown or other cause, beyond his control arrange to convey the passengers to their destination in some other similar vehicle or if unable so to arrange within a period of an hour after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the non-completion of the journey for which the passenger had paid the fare;

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

(xvi) shall, if at any time the authorisation on his licence entitling him to drive a stage carriage or contract carriage is suspended or revoked by any authority or by any Court or ceases to be valid by efflux of time, within seven days surrender the badge to the authority by which it was issued;

(xvii)    shall, on demand by any Police Officer in uniform not below the rank of Sub-Inspector or any officer of the Motor Vehicle Department not below the rank of Motor Vehicle Sub-Inspector, produce his driving licence for inspection: Provided that, if at the time his driving licence is demanded and instead of the licence, the badge provided in Rule 2.26 is displayed it shall be deemed to be sufficient compliance with this sub-rule, but he shall produce the driving licence within 48 hours at any Police Station in the State which he specified to the said Police Officer or Transport Officer making such demand;

(xviii)   shall see that no passenger is seated in the vehicle when the same is being filled with fuel;

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

(xx)   shall not play a stage carriage or a contract carriage for more than six passengers unless there is a duly licence conductor on duty in the vehicle;

(xxi) shall not, while on duty, be in a state of intoxication or in a stage in which, by reason of his having taken or used any sedative, narcotic or stimulate drug or preparation, his capacity to drive the vehicle is impaired;

(xxii)    shall not allow any person to be carried in any public service vehicle in excess of the capacity specified in the certificate of registration of the vehicle;

(xxiii)   shall ensure that, when a vehicle is required to cross an unmanned railway level crossing, the conductor alights from the vehicle to guide its safe crossing;

(xxiv)   shall not, while plying a contract carriage other than a motor cab, permit or connive at picking up or setting down of passengers enroute and shall ensure that the contract carriage is hired by a single party from the starting point to the destination;

(xxv)    shall while on duty display on his right breast a Black plate made of plastic of size 8 cms x 1 ? cms. inscribed thereon his name in bold while letters of the size of 0.05 cms. in Hindi. The cost of the name plate shall be bomed by him.

(2)     No driver of a stage carriage or 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 infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.

(3)     Notwithstanding the provisions of sub-rule (2), the driver, may, upon application in writing by a registered medical practitioner, allow a person suffering from an infectious or contagious disease to be carried in a stage carriage or contract carriage provided that no other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

(4)     Where a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a contract carriage or a stage carriage, the driver of the vehicle shall be responsible to report the fact of such carriage to the medical officer incharge of the nearest municipal, local board of Government dispensary, and to the owner of the vehicle, and neither the owner nor the driver shall cause or allow any person to use the vehicle until the driver and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(5)     No, driver, or person incharge of a transport vehicle shall permit any corpse to be placed or carried on such vehicle when such vehicle is plying for the conveyance of any passenger other than the person or persons by whom the vehicle has been expressly hired for the purpose of conveying such corpse.

Rule 2.24. Rules for conduct and duties of the Drivers of Motor Cabs and Motor Cabs fitted with Taxi Meters.?

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

(2)     All drivers shall more their motor cabs up as vacancies occur on the stand.

(3)     every motor cabs shall be kept with from wheels straight at a distance of not less than 30 cms. from the motor cab immediately in front of it and where stand is by the side of a kerb, parallel to and not more than 30 cms. from the kerb.

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

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

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

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

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

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

(10)   No driver of a motor cab shall carry a cleaner or other attendant in the motor cab.

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

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

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

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

(15)   A driver of a motor cab shall behave in a civil and quiet manner and shall not in any way interfere with any person boarding or preparing to board another vehicle.

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

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

(18)   A driver of a motor cab shall be cleanly dressed in the following uniform:-

(1)     Khaki bushshirt or coat with four pockets with flaps,

(2)     Khaki full pant,

(3)     Khaki peak-cap with black Peak or khaki turban:

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

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

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

(21)   A driver of a motor cab shall not hold more than one badge issued by an authority in the State.

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

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

(24)   Notwithstanding the provisions of sub-rule (22), the driver may upon application in writing by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a motor cab provided that no other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

(25)   Where a person suffering from an infectious or contagious disease or the corpse of any such person has been carried in a motor cab the driver of the vehicle shall report the fact of such carriage to the medical officer 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 vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(26)   A driver of a motor cab shall, on demand by any Police Officer in uniform, not below the rank of Sub-Inspector or any officer of the Motor Vehicle Department not below the rank of Motor Vehicles Sub-Inspector produce his driving licence for inspection.

(27)   The driver of a motor cab shall at the conclusion of any journey make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found by him or by another person in such vehicle, and as soon as may be, make over the same to a responsible employee of the holder of the permit for the vehicle or to the officer-in-charge of the nearest Police Station.

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

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

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

(30)   If the driver of any motor cab fitted with a taxi-meter which is hired by any person is unable to proceed owing to any defect in the mechanism of the motor cab, he shall at once lower the flag to 'stopped' position and shall not restart his meter until such time as the defect is remedied.

(31)   No driver shall cover or obscure the fact of a taxi meter under any circumstances or at any time.

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

Rule 2.25. Conduct and duties of Drivers of Goods vehicle.?

(1)     The driver of a Goods vehicle (1) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat as provided under Chapter VII of these Rules or Act or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;

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

(3)     shall not demand or extract any freight in excess of that to which he is legally entitled;

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

(5)     shall behave in a civil and orderly manner to hirers of their nominees and intending hirers of their nominees.

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

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

(8)     shall be cleanly dressed in the following uniform:-

(1)     Khaki bushshirt or coat with four pockets with flaps,

(2)     Khaki full pant,

(3)     Khaki cap or turban.

Rule 2.26. Drivers Badge of Transport Vehicles.?

[(1) A rectangular plastic Badge shall be issued, in Form R.S. 2.1 A, after police verification by the licensing authority to every person who has been granted an authorization to drive a transport vehicle under these rxiles. The size of the badge shall be 10 centimeter X 6 centimeter.]

(2) ? The driver of a transport vehicle shall, while on duty, display a badge on the left side of his chest. No driver shall hold more than one such badge.

(3) ? (a) The fee for the issue of badge and for issue of duplicate badge, if the badge is lost, destroyed or damaged shall be as prescribed.

(b) ? If the badge is lost, destroyed a duplicate badge shall be issued by the authority by which it was issued on an application made in Form R.S. 2.7.

(4) ? No driver of a Transport Vehicle shall not hold more than one such badge.

(5) ? No driver shall lend or transfer the badge to any person. Any person finding the badge shall unless he returns the same to a person, who may not to be the holder, forthwith surrender to the authority by whom it was issued or to a Police Officer.

(6) ? When authorisation on the driver's driving licence entitling him to drive a public service vehicle, is suspended or revoked by any authority or by the Court or ceases to be valid by efflux of time, the driver shall, within seven (7) days of such suspension or revocation or surrender the badge held by him to the authority by which it was issued.

Rule 2.27. Exemption of Driver of Road Roller.?

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

Rule 2.28. Maintenance of Driving Licence Register.?

(1)     Every Licensing Authority shall maintain a separate register, one for learner's licence and other for Driving licence (Separate for persons who are above sixteen years and below eighteen years authorised to drive a vehicle without gear) contains the following particulars:-

1.        Date

2.        S. No.

3.        Name of the person and name of father/husband

4.        Address

5.        Date of birth

6.        Educational Qualification

7.        Class of vehicle for which the Learning/Driving licence is issued.

8.        Any class Added________________________

9.        Valid upto

10.     Fee deposited vide cash Receipt No. date;

11.     name of the doctor by whom the medical certificate issued

12.     Blood group with RH Factor

13.     Name of Testing Officer

14.     Vehicle number of which trial has been taken

15.     Type of vehicle

16.     Signature of the official who prepared the licence

17.     Allowed to drive transport vehicle of following categories:- L.T.V.

M.P.T.V.

M.G.T.V.

H.P.T.V.

H.G.T.V.

Any other

18.     Signature of the Licensing Authority

19.     Driving Licence renewed upto

20.     Endorsement made, if any.

(2)     The Learning Licence or the Driving licence, shall be conferred in the following particulars

Year in which the learner's licence/driving licence is issued followed State Code (RJ) and followed by District Code allotted by the Transport Commissioner and followed by Learning Licence/Driving Licence thereafter serial number will be given.

(3)     every Licensing Authority shall send information of driving licence granted/renewed during the month. This information should reach the office of the Transport Commissioner by 7th of succeeding months positively, in the following proforma:-

1.        (a) Driving licence number and date of initial issue.

(b) ? Name and designation of the officer who has taken driving test and date of passing the test by holder of the licence.

2.        Name, address and other particulars of the holder of the driving licence.

(a)      Name of the holder in case of minor, name of guardian's

(b)      Date of birth

(c)      Educational qualification

(d)      Permanent address

(e)      Temporary address

(f)       Official address (if any)

(g)      Subsequent changes of address

(h)     Class and types of vehicles for which licence is given

(i)       Addition of vehicle (if any)

(j)       Date of expiry of the licence and further renewal (with details of Licensing Authority which last renewed the licence)

3.        Licensing Authority which issued the licence.

4.        Licensing Authority which renewed the licence

5.        Details of disqualifications, fine, cancellation etc. in relation to the holder of the driving licence.

(4)     The Statistical Section of the office of the Transport Commissioner shall maintain the State register of Driving licence on the basis of the information received from the each Licensing Authority and shall send in time a printed copy of the said register to the Central Government, Ministry of Surface Transport within the stipulated time.

Note. - (i) The State Register shall be either a bound book or on an computer disc.

Note.(ii) The register shall be maintained in alphabetical order beginning with surname.

Rule [2.29. Fees.? The fees which shall be charged under the provisions of this chapter shall be as specified in the Table below:-

[Table

CHAPTER III

Licensing of The Conductor of Stage Carriages

Rule 3.1. Licensing Authority.?

The Licensing Authority for issue of the conductor's licence shall be the District Transport Officer so appointed for the district or the Motor Vehicle Inspector specially authorised by the State Government to perform the duties of the Licensing Authority.

Rule 3.2. Conductor-Provision in Stage Carriages of.?

(i)       Every Stage Carriage shall, in addition to the driver, carrying a conductor, whose duties in addition to those specially mentioned shall be to attend on the passengers and would responsible for the observance of the provisions of these rules. Provided that where in emergency it becomes difficult for the permit holder to provide for a conductor of stage carriage, or where a conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of the stage carriage may for a period not exceeding one month act as a conductor of stage carriage without holding the conductor's licence under section 30.

(ii)      Any person other than the driver of the stage carriage may act as a conductor without holding the conductor's licence for a period not exceeding one month provided that :-

(a)      he intimate to do so to the Licensing Authority within whose jurisdiction he intends to act as a conductor in Form R.S. 3.6;

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

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

Rule 3.3. Application for grant of conductor's licence.?

(1)     The application for conductor's licence required under sub-section (1) of section 30 of the Act shall be made in Form R.S. 3.1 and shall be accompanied by ?

(a)      a medical certificate in Form R.S. 3.2;

(b)      valid adult-First aid certificate issued by the St. Johns Ambulance Association of India in Form R.S. 3.9;

(c)      Two copies of the recent photograph;

(d)      proof of residence of the district in the manner required by rule 4 of the Central rules and the prescribed fees.

(2)     Upon receipt of an application for conductor's licence the Licensing Authority on making such enquiries as may reasonably be necessary to establish the identity of the applicant and on ascertaining that the applicant is not disqualified under section 31 of the Act for holding or obtaining conductor's licence, may issue such licence in Form 3.3.

Rule 3.4. Qualification for grant of Conductor's licence.?

No person shall be granted a conductor's licence unless he satisfies the Licensing Authority that ;-

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

(ii)      he possesses a good moral character.

(iii)    he possesses a valid First aid certificate issued by the St. Johns Ambulance Association of India.

(iv)    he has passed tenth standard or equivalent or higher examination and possesses working knowledge of the language or languages of the area in which he intends to work as a conductor. Provided the provisions of sub-clause (iv) shall not apply to the person who has granted conductors licence previous to coming in to force of these rules.

Rule 3.5. Change of Residence.?

The holder of a conductor's licence shall, except in case of temporary absence, not involving the change of his residence for a period exceeding three months, report any change of his temporary or permanent address as mentioned on the licence in form to the Licensing Authority by whom the licence was granted.

Rule 3.6. Renewal of conductor licence:-

(1)     The application for renewal of a conductor's licence shall be made in Form R.S. 3.4 and shall be accompanied by the conductor's licence, a medical certificate in Form R.S. 3.2 and the prescribed fee.

(2)     Upon receipt of an application for the renewal of conductor's licence, the Licensing Authority may after making such enquiries as he may deem necessary renew the licence.

(3)     The Licensing Authority renewing the conductor's licence under section 26 read with the provisions of sub-section (6) of Section 15 shall intimate the facts of the renewal in Form R.S. 3.5 to the Licensing Authority by which the licence was issued.

Rule 3.7. Appellate Authority.?

The Authority empowered under Section 33 and under sub-section (4) of section 34 to hear the appeal against the order of Licensing Authority shall be the Regional Transport Officer.

Rule 3.8. Conduct and hearing of appeals.?

(1)     An appeal under rule 3.7 shall be preferred in duplicate in the form of a memorandum setting forth concisely the grounds of objection to the Order, and shall be accompanied by the prescribed fee in rule 3.17 and a certified copy of the order.

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

(3)     The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem, necessary may confirm vary and set aside the order for which the appeal is preferred and make an order accordingly.

Rule 3.9. Duties and conduct of conductor of stage carriages.?

A conductor of the stage carriage:-

(i)       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 these rules;

(ii)      shall not smoke while on duty;

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

(iv)    shall be cleanly dressed in the following uniform:-

(a)      Khaki bush-shirt or Coat with four pockets with flaps

(b)      Khaki full pant

(c)      Khaki Cap or turban

(v)      shall maintain the vehicle in a clean and sanitary condition:

(vi)    shall not solicit custom save, in civil and quiet manner.

(vii)   shall not interfere with persons boarding or preparing to board in other vehicles.

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

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

Explanation. - Where legal fare is less than rupee 1/- the demand by such person for change in excess of the sum shall be the good and sufficient reason for refusing to carry such person for the purpose of this sub-rule.

(x)      shall not demand or accept from any passenger or hires any fare or hire for the carriage of goods other than the fare or hire prescribed by competent authority;

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

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

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

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

(xv)   shall in the event of the vehicle being unable to proceed to its destination on account of mechanical breakdown our other cause beyond the control of the driver or the conductor arrange to convey the passengers to their destination in some other similar vehicle, or if unable to arrange within a period of an hour the failure of the vehicle shall on demand refund to each passenger the proper proportion of the fare relating to the non-completion of the journey for which the passenger had paid the fare:

(xvi)  shall not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry of exist of passenger;

(xvii) shall issue a ticket immediately on payment of legal fare or freight showing the place from where he is boarding the vehicle and his destination and the fare charged by the passenger except where arrangement outside the vehicle for the issue of ticket in advance to the intending passengers on payment of the legal fare has been made:

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

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

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

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

(xxii) shall be on the lookout for other motor vehicle approaching from behind and effectively sign their approach to the drivers;

(xxiii)   shall assist the passengers in the loading and unloading of luggage and shall take all reasonable precautions to prevent luggage being miscarried or lost on the way;

(xxiv)   shall while on duty display on the right chest a black plate made of plastic of size of 8 cms. x 1 ? cms. inscribed on their name in bold transparent letters of the size 0.05 cms. in Hindi. The cost of the name plate shall be borned by them;

(xxv)shall not while on duty be under the influence of intoxicating drink or drug;

(xxvi)   shall on demand by any passenger produce the complaint book for recording such remarks as the passenger may desire to make thereon in which the passenger will be entitled to record any legitimate complaint in connection with a stage carriage service. Such complaints will be written clearly and signed by the passenger giving his address and shall be considered by the owner of the stage carriage;

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

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

(xxix)   in case of an accident to the bus, shall make all reasonable efforts to help the injured person and to inform the nearest Police Station immediately;

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

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

(xxxii)  shall not allow any explosive or dangerous or flammable substance to be carried in the bus either personally luggage or the cargo;

(xxxiii) shall ensure that when a vehicle is required to cross an unmanned railway crossing the conductor shall ask the driver to stop the vehicle before the crossing and the conductor shall get down and see the railway tract on both sides and shall make sure that the way is clear. Thereafter the conductor shall give signal to the driver to cross the railway track;

(xxxiv) shall on demand by any officer of the Motor Vehicle Department, not below the rank of a Motor Vehicles Sub-Inspector, produce all such vouchers, ticket books and any other document which such officer demands for his inspection.

Rule 3.10. Prohibition against holding more than one conductor's Licence.?

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

(2)     A conductor of a stage carriage shall on demand by any police officer in uniform, not below the rank of Sub-Inspector, or any officer of the Motor Vehicle Department, not below the rank of Motor Vehicles Sub-Inspector produce his licence for inspection:

Provided that if at any time his licence is demanded and instead of the conductors licence, the badge provided in Rule 3.15 is displayed. it shall be deemed to be sufficient compliance with this sub-rule, but he shall produce the conductors licence within 48 hours at any police station which he specified to the said Police Officer or Transport Officer making such demand.

Rule 3.11. Requirement of as to photograph.?

(1)     The copies of the photograph required by sub-section (3) of section 30 of the Act shall be of a passport size. The photograph shall be a front view and shall be in black and transparent colour on glazed paper.

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

(3)     If at any time it appears to a Licensing Authority that the photograph affixed to the conductor's licence has ceased to be clear likeness of the holder, the Licensing Authority may require the holder to surrender the conductor's licence forthwith and to furnish two clear copies of a recent photograph of himself and the holder shall, within such time as the Licensing Authority may specify, appear in person before the Licensing Authority and present the photograph accordingly.

(4)     If the holder fails to comply with a requisition by the Licensing Authority under sub-rule (3) the conductor's licence shall cease to be valid from the date of expiry of the said period.

(5)     Upon the receipt of the copies of photograph as provided in sub-rule (3), the Licensing Authority shall remove the old photograph from the conductor's licence and affix and seal thereto one copy of the new photograph and return the conductor's licence to the applicant and shall, if he is not the Licensing Authority by which the conductor's licence was issued, forward the one copy of the photograph to the authority which issued the licence; Provided that if the holder of the conductor's lice so desires, the Licensing Authority shall issue a duplicate conductor's licence with a new photograph affixed thereto and shall destroy the original conductor's licence. In such a case if the Licensing Authority is not the authority by which the conductor's licence was issue, it shall inform the original Licensing Authority.

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

(7)     The fee for duplicate conductor's licence issued under the proviso to sub-rule (5) shall be as prescribed in rule 3.17.

Rule 3.12. Conductor's licence lost or destroyed.?

(1)     If at any time a conductor's licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts in writing in Form R.S. 3.7 to the Licensing Authority in whose area he has his place of the residence at the time.

(2)     Upon the receipt of intimation as aforesaid the Licensing Authority shall if it is not the authority by whom the conductor's licence was issued, apply to that authority for particular of the conductor's licence and of any endorsement thereon and shall after making such enquiries as it thinks fit, if satisfied that a duplicate may properly be issued, issue a duplicate conductor's licence and send intimation to the authority by which the conductor's licence was issued;

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

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

(4)     The fee for a duplicate conductor's licence issued under this rule shall be prescribed in rule 3.17.

(5)     Where a duplicate conductor's licence has been issued upon representation that a conductor's licence has been lost and the original conductor's licence is afterwards found or received by the holder, the holder shall immediately return it to the Licensing Authority.

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

Rule 3.13. Defaced or tom conductor's licence.?

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

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

(a)      in case the photograph on the impounded conductor's licence is, in the opinion of the Licensing Authority, satisfactorily and conveniently transferable to the duplicate conductor's licence the Licensing Authority may so transfer, affix and seal the photograph to the duplicate conductor's licence, or

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

(3)     The fee for a duplicate conductor's licence issued under this rule (in rule 3.17) shall be as prescribed.

Rule 3.14. Issue of duplicate conductor's licence.?

(1)     When a duplicate conductor's licence is issued under rule (3.12) & (3.13) it shall be clearly stamped "DUPLICATE" in red and shall be marked with the date of issue of the duplicate and the seal of the Licensing Authority.

(2)     If the Licensing Authority which issues a duplicate conductor's licence is not the authority by which the conductor's licence was issued it shall intimate the fact to the authority.

(3)     If the Licensing Authority which affixed a new photograph to a duplicate conductor's licence is not the authority by which the conductor's licence was issued it shall forward the one copy of the photograph to that authority for record.

Rule 3.15. Conductor's badge.?

(1)     The conductor of a stage carriage shall display on the left side of his chest badge in the rectangular shape measuring 6 cms. x 4 cms. and inscribed with the name of the authority by whom the conductor's licence is granted and the word "Parichalak" together with an identification mark.

(2)     A conductor shall not hold more than one such badge issued by any Licensing Authority.

(3)     The fee for issue of a conductor's badge as aforesaid shall be as prescribed in rule 3.17, if the badge is lost or destroyed, duplicate badge shall be issued by the authority which issued it on payment of prescribed fee in rule 3.17 by the authority which issued on an application made to it in Form R.S. 3.8. In case the original badge is later found, it shall be returned to the Licensing Authority.

(4)     If at any time the conductor's licence is suspended or revoked by any authority or by any court or ceases to be valid by the efflux of time, the conductor shall, within 7 days, surrender his badge to the authority by which it was issued.

(5)     No conductor shall lend or transfer the badge to any person. Any person finding the badge shall, unless he returns the same to the person who he knows to be the holder, forthwith surrender it to the authority by which it was issued or to the nearest Police Station.

Rule 3.16. Effective of conductor's licence issued by any other State.?

(1)     A conductor's licence issued by any other competent authority outside Rajasthan shall not be effective in Rajasthan unless countersigned by a Licensing Authority of Rajasthan or recognised under the reciprocal agreement.

(2)     The holder of conductor's licence issued by competent authority of another State, at any time apply to the licensing authority in Form R.S. 3.10 for counter signature alongwith prescribed fee under rule 3.17.

(3)     The applicant possesses a good moral character (Character Certificate).

(4)     The licensing authority after satisfaction shall countersign the licence and return the same to the holder.

Rule [3.17. Fees.?

The fees which shall be charged under the provisions of this chapter shall be as specified in the Table below:-

[Table

CHAPTER IV

Registration Of Motor Vehicles

Rule 4.1. Registering Authority.?

(1)     The Registering Authority shall be the District Transport Officer so appointed for the District or the Transport Inspector [or any person] specially authorised by the State Government to perform the duties of the Registering Authority.

(2)     Registering Authority for the purpose of rule 62 to 72 of Central Motor Vehicles Rule 1989 shall be the Regional Transport Officer so appointed for the Region.

Draft Rules-Rule 4.1 Substituted-Vide Notification dated 11-5-2000.

Rule "4.1. Registering Authority.?

(1)     The Registering Authority shall be the District Transport Officer so appointed for the District or the Transport Inspector specially authorised by the Transport Commissioner to perform the duties of the Registering Authority.

(2)     For the purpose of registration of non-transport vehicle on first sale under sub-section (3),(5) & (6) of section 41 of the Act from a dealer holding valid trade certificate, the Commissioner may empower as Registering Authority, subject to the terms and conditions that may be specified from time to time, any person who has sufficient working experience as dealer, and other qualifications as may be specified from time to time.

(3)     Registering Authority for the purpose of rule 62 to 72 of Central Motor Vehicles Rule, 1989 shall be the Regional Transport Officer so appointed for the Region."

Rule 4.2. Temporary Registration.?

(1)     Application for temporary registration for any one of the following purposes shall be in Form 4.1:-

(a)      when any motor vehicle sold or distributed by the manufacturer to his dealer or sub-dealer or to its branch for resale within or outside the State.

Explanation. - Temporary registration issued to any such vehicle shall ceased to be in force as soon as it reaches to the premises of the dealer or sub-dealer or its branch;

(b)      when a motor vehicle is sold or distributed by the dealer of the motor vehicle are to be taken away for registration from the jurisdiction of one registering authority to the jurisdiction of another registering authority within the State or outside the State; and

(c)      when a motor vehicle is sold or distributed as a chases and is taken for the body building in the premises of a body builder within the State or outside the State.

(2)     The temporary certificate of registration shall be issued on payment of prescribed fee and in Form R.S. 4.2 and shall ordinarily be valid for a period not exceeding one month.

(3)     The authority granting a temporary certificate of registering shall, in case when registration under section 40 of the Act is proposed to be effected by another authority, forward to the later a copy of Form R.S. 4.2.

(4)     The authority granting temporary certificate of registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be affixed to the front and rear of the vehicle in manner provided for registration mark in the Central Rules.

(5)     The temporary registration marks to be assigned by the authority prescribed under sub-rule (4) shall be RJ following by the district code and below the line Temp followed by registration number by not more than four figure. For this a separate register shall be maintained.

Rule 4.3. Allotment of Registration Number within the series.?

On receipt of an application the registering authority, while assigning registration mark to a new vehicle or already registered vehicle in another State, shall assign the registration mark which strictly falls in serial after the last registration mark assigned.

Draft Rules-Rule 4.3 substituted-Vide Notification dated 2-9-1999.

Rule 4.3. Allotment of Registration Number within the series.?

On receipt of an application the registering authority, while assigning registration mark to a new vehicle or already registered vehicle in another State, shall assign the registration mark which strictly falls in serial after the last registration mark assigned:

Provided that the State Government may allow to allot registration mark in advance or a person on his new vehicle can retain old number already allotted to his previous vehicle, in a manner specified by Transport Commissioner on payment of fee specified by the State Government.

Rule 4.4. Registration of vehicles disposed off by the Defence Forces.?

Motor vehicle disposed off by the Defence Forces shall not be registered/assigned unless its military colours are discoloured.

Rule 4.5. Transport Vehicle-particulars to be printed on.?

(1)     Save in the case of motor cabs or trailors of nature specified in Clause (i) of sub-section (3) of section 66 of the Act, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in the manner described i.e.-

(i)       the name of the owner as set forth in the registration certificate and his address.

(ii)      unladen weight denoted by W.W...................... Kgs.

(iii)    gross vehicle weight denoted by G.L.W...............Kgs.

(iv)    in case of Passenger Transport vehicle, the number of passengers excluding the driver and conductor specified in the permit of the vehicle denoted by PASS .......................

(v)     the registered front axle weight denoted by FAW Kgs.

(vi)    the registered rear axle weight denoted by RAW Kgs.

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

(viii)  the number and size of the tyres:-

(1)     Front axle denoted by NOS .................

(2)     Rear axle denoted by NOS........................

(3)     Intermediate axle denoted by NOS...........

(2)     The name of the district and the region in which vehicle is registered shall be painted on the right hand side of every vehicle and the registered mark shall also be painted on right and left side as well as in the front and rear side of every transport vehicle. All these shall be in English letters and numerals and shall certify in respect of dimensions, spacings and other respect, the condition as prescribed by the Central Government in their rules or in notification. Painting of the name and registration mark shall be in addition of the exhibition of registration mark in front and the rear as required by the rules of the Central Government.

(3)     The weight shall be stated in kilograms and the particular shall be set forth in English or Hindi letters and numerals each not less than the size prescribed by the Central Government.

(4)     Vehicles registered under section 60 of the Act need not to exhibit the particulars specified in Clauses (i), (iv) and (viii) of sub-rule (1).

Rule 4.6. Registration Fee-Exemption.?

(1)     The Government may by notification in the Rajasthan Gazette make exemption in regard to the registration fee payable in respect of any motor vehicle or class of motor vehicles.

(2)     Motor ambulance used solely for the convenience of sick or injured as may be notified by the Government from time to time, shall be registered free of charge:

Provided that the fee as prescribed by the Central Government shall be charged for issue of duplicate copy of registration certificate.

Rule 4.7. Intimation in respect of vehicle not registered within the State.?

When any motor vehicle which is not registered in the State, has been kept in the State for a continuous period of more than 30 days, the owner or other person incharge of the vehicle shall send intimation to the registering authority in Form 4.12 within 2 weeks after expiry of 30 days from the date of the vehicle brought into the State in whose jurisdiction vehicle is used.

Rule 4.8. Notice of alteration of Motor Vehicle under sub-section (1) of section 52 of the Act.?

(1)     The notice by the owner of a motor vehicle to the Registering Authority in accordance with sub- section (1) of section 52 shall be in Form R.S. 4.13.

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

Rule 4.9. Registration Certificate-Lost or destruction of-intimation.?

If at any time, the registration certificate is lost or destroyed, the owner shall forthwith intimate the fact in writing to the registering authority by whom the registration certificate was issued or by whom registration mark of the vehicle was assigned under section 47 of the Act and shall apply in Form prescribed by Central Government to the said authority for the issue of duplicate registration certificate.

Rule 4.10. Intimation to original Registering Authority.?

The Registering Authority who makes the endorsement of transfer shall intimate to the original registering Authority in Form R.S. 4.4 and in case of assignment of fresh registration mark shall intimate to the original registering authority in Form R.S. 4.5.

Rule 4.11. Registration Certificate Authority to suspend.?

Any Police Officer not below the rank of Dy. S.P. and any Transport Officer, not below the rank of a Transport Inspector, may suspend the registration certificate of a motor vehicle under section 53 of the Act.

Rule 4.12. Information regarding stolen vehicle.?

(1)     The Director General of Police shall direct the concerned officer or offices to supply information regarding stolen and stolen vehicle which has been recovered in Form R.S. 4.3 to the Transport Commissioner, Rajasthan by the 7th day of the month next following month and send a copy thereof to the Registering Authority where the vehicle is registered.

(2)     On receipt of such intimation, the Transport Commissioner shall inform all the registering authorities to details of the stolen vehicle.

Rule 4.13. Production of Registration Certificate before the Registering Authority.?

If at any time the registering authority requires to enter or revise the entries of particulars relating to Gross Vehicle Weight he shall call the owner or the person incharge of the vehicle to produce the registration certificate for the correction of G.V.W. and the registering authority shall correct the G.V.W. and return the registration certificate to the owner or person to produce the same.

Rule 4.14. Production of Motor Vehicle before Registering Authority.?

The Registering Authority shall, before registering or assigning a new registration mark under sub-section (1) of Section 47 of the Act, or before entering the particulars of transfer of ownership of a motor vehicles in the Certificate of Registration, require the owner or as the case may be, the transferee to produce the motor vehicles before him or before the Motor Vehicles Inspector or Motor Vehicles Sub-Inspector may be directed, so that the Registering Authority may satisfy himself about the particulars of the Motor Vehicles mentioned in the form of application for registration or recorded in the certificate of registration with a view to ensure that the vehicle complies with the provisions of Chapter VII of the Act and the rules made thereunder.

Rule 4.15. Appellate Authority.?

(1)     The authority to hear the appeals against any appealable order passed by the registering authority under this Chapter of the Act shall be the Regional Transport Officer.

(2)     The authority to hear appeal against the order passed by any Police Officer or Motor Vehicle Inspector U/x 53 read with rule 4.11 shall be the Regional Transport Officer.

(3)     The authority to hear the appeal against the order passed in respect of certificate of fitness u/s 56 shall be the Regional Transport Officer having jurisdiction in the area in which the order was passed.

Rule 4.16. Procedure of Hearing of Appeals.?

(1)     The appeal referred in Sections 45, 50, 54, 55 and 57 of the Act shall be preferred in duplicate in Form of memorandum set forth concisely the grounds of objections to the order of the registering authority or Inspector of motor vehicles or the Police Officer and shall be accompanied by the prescribed fee in cash or stamps and a certified copy of the order. If the appeal succeeds the appellate authority or the registering authority concerned, as the case may be, refund the fee in whole or in part as he may deem fit.

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

(3)     Any person preferring an appeal under the provisions of Chapter IV of the Act and the rule shall be entitled to obtain a copy of any document filed with the registering authority in connection with any order against which he is preferring the appeal in the prescribed manner.

(4)     Subject to the provision of sub-rule (3) the Regional Transport Authority or the Registering Authority may give any person interested in appeal preferred under Chapter IV of the Act, copies of any document concerned with the appeal in the prescribed manner.

Rule 4.17. Amount payable in lieu of action u/s 177 of the Act.?

[(1) On a failure of the owner in making application for certificate of registration under sub-section (1) of Section 41 of the Act or application for renewal of Certificate of Registration under sub-section (8) of Section 41 of the act in the prescribed time, or]

(2) ? On a failure of the owner in making application for assignment of new registration mark on removing of vehicle to another State under sub-section (1) of Section 47 of the Act within the prescribed time, or,

(3) ? On a failure of a owner in intimating the change of residence or place of business under Sub-section (1) of Section 49 of the Act in the prescribed time.

(4) ? On a failure to give timely intimation under Sub-section (3) of Section 50 and Sub-section (5) of Section 50 of the Act by transfer or transferee.

The owner or transferee or transferees as the case may be, shall be liable to pay a sum of Rs. 25/- per calendar month or part thereof by the application or intimation as the case may be is delayed:

Provided that the amount so payable shall not exceed Rs. 100/-in each case separately.

Rule 4.18. Grant and Renewal of Certificate of Fitness.?

(1)     A certificate of fitness under section 56 of the Act, shall be granted or renewed by the District Transport Officer/Person authorised by the Transport Commissioner of the approved testing station of the district in which the vehicle is paying tax.

[(1A) Notwithstanding anything contained in sub-rule (1), the Transport Commissioner may direct to any vehicle or class of vehicles to obtain the certificate under Sec. 56 from any authority, person or approved testing station.]

(2)     The application for issue or renewal of fitness certificate shall be in prescribed Form R.S. 4.6 in case of grant and in Form R.S. 4.7 in case of renewed and it shall be presented before the authority in sub-rule (1).

(3)     Such authority shall endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly.

(4)     I the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed on the fitness certificate, he shall, not less than 15 days before the aforesaid date, apply to such authority to endorse the date of next inspection so changed after stating the reasons for such change.

(5)     If date of the next inspection is not endorsed on the fitness certificate as provided in sub-rule (3) an application for the renewal shall be made, not less than one month before the date of expiry of the certificate, and the owner of the vehicle in respect of which such application is made shall cause the vehicle to be produced for inspection on such date at such time and place as such authority may appoint.

(6)     If the owner fails to make an application on or before the date as aforesaid or fails to produce the vehicle on the date, time and place fixed before the authority, a penalty at the rate of Rs. 15/-, Rs. 20/- and Rs. 25/- for light, medium and heavy vehicles respectively will be charged for every calendar month or part thereof from the date of expiry of the fitness, but the amount of penalty shall not exceed the amount of fee prescribed for grant and renewal of fitness certificate u/s 64 (O) of the Act, without prejudice to any action which might have been or may be taken for plying the vehicle without mechanical fitness:

Provided that when a vehicle as produced for inspection after the expiry of previous fitness, no fitness shall be granted or renewed unless a receipt of payment of tax due and penalty under sub-rule (6) or any other penalty, is produced to such authority.

(7)     If the owner of the vehicle fails to obtain the fitness certificate without informing the reasons thereof to such authorities he shall not be allowed any benefit of non-use on the ground of not having fitness.

(8)     If owing to mechanical breakdown or other cause the motor vehicle is, after the expiry of the fitness certificate remains outside the functional area of the authority by whom the certificate is to be renewed, the District Transport Officer, without prejudice to any penalty to which the owner or the driver may have become liable if the vehicle is in his opinion fit for use, by endorsement in Form R.S. 4.9 and subject to such conditions as he may satisfy authorise its continuous use for such time as may reasonably be necessary for the vehicle to return to the area of the authority by whom the certificate shall be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return to that area unless the certificate has been renewed.

Rule 4.19. Production of vehicle and Inspection thereof.?

The vehicle will be produced for inspection at the office of the District Transport Officer concerned or at the approved testing station in the district concerned provided that the Transport Commissioner may in his discretion, in public interest fix any number of other inspection place in the district, as he deem proper. The District Transport Officer will obtain the inspection report in Form R.S. 4.8 from the Motor Vehicle Inspector/Sub-Inspector or otherwise satisfies himself regarding fulfilment of the requirements of the provisions of Chapter VII of the Act and the rules made thereunder and in case the approved testing station the incharge of the approved testing station will obtain the inspection report in Form R.S. 4.8 from his technical man.

Rule 4.20. One certificate for one vehicle.?

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

Rule 4.21. Unsafe Vehicles-restriction on use.?

If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any District Transport Officer safely be driven at a reduced speed to a place of repair and if the District Transport Officer is satisfied that it is necessary that the vehicle should be so driven, any District Treasury Officer may by endorsement in Form R.S. 4.10 specify the time within which and the condition subject to which, the vehicle may be driven to a specific destination for the purpose of repair and the limit of speed it shall not be driven.

Rule 4.22. Exemption of fee.?

No fee for grant and renewal of fitness certificate shall be charged fro the owner of Tractor with Trolley using the same for agricultural purposes.

Rule 4.23. Fitness Certificate-Cancellation or suspension thereof.?

If any officer of the Transport Department, not below the rank of District Transport Officer, on receipt of a report from the Motor Vehicle Inspector/Sub-Inspector or on his own inspection is satisfied that the vehicle no more complies with the provisions of Chapter VII of the Act and the rules made thereunder, he may cancel or suspend the certificate of fitness of that vehicle:

Provided that the authority cancelling or suspending the fitness certificate shall without delay give the owner or the incharge of the motor vehicle a memo in writing stating therein the reasons for doing so:

Provided further that when the authority cancelling or suspending the certificate of fitness is other than the original authority, which granted or renewed the concerned certificate of fitness, it shall endorse a copy of the memo to that authority.

Rule 4.24. Refusal to Grant or Renew-reasons to be given.?

(1)     If the grant or renewal of certificate of fitness is refused the reasons for the refusal shall be communicated simultaneously to the owner/incharge of the vehicle in Form R.S. 4.11.

(2)     The Vehicle owner in such case may produce his vehicle for re- inspection after removing the defect and or carrying out the instructions:

The prescribed fee only shall be charged for the second and the subsequent inspection.

Rule 4.25. Certificate of Fitness-lost or destruction.?

(1)     If a certificate of fitness is lost or destroyed the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply for a duplicate copy alongwith prescribed fee.

(2)     Upon receipt of an application and the fee referred to in Sub-Rule (1), the authority shall furnish the owner with a duplicate copy of the certificate duly stamped "DUPLICATE" in 'Red' ink.

(3)     No person shall be liable to be convicted for offence u/s 130 of the Act for not producing the fitness certificate at the time when the certificate is demanded, he has already reported the lost or destruction thereof in accordance with Sub-Rule (1) and duplicate copy has not been delivered to him.

Rule 4.26. Exemption of Road Plant.?

Nothing contained in Chapter IV of the Act shall apply to Road Rollers, Graders and other vehicles designed and used solely for the construction and repairs of roads.

Rule 4.27. Maintenance of a register for registration.?

(1)     every Registering authority shall maintain a register of registration of vehicles in the manner prescribed by the Central Government.

(2)     Every registering authority shall send information of registered/assigned vehicles during the month by the 7th of each succeeding month to the Transport Commissioner in the following proforma:-

1.        Registration number;

2.        Previous Registration number, if any;

3.        Whether the motor vehicle is:-

(a)      new vehicle;

(b)      imported vehicle;

(c)      ex-army vehicle;

4.        Maker's name

5.        Year of manufacture

6.        Engine number

7.        Chassis number

8.        Number of cylinders

9.        Cubic capacity/Horse power

10.     Type of fuel used

11.     Class of motor vehicle

12.     Name and full address of the registered owner

13.     Seating Capacity

14.     Gross vehicle weight

15.     Unladen weight

(3)     The Statistical section of the office of the Transport Commissioner shall maintain a State Register of motor vehicles on the basis of the information received from each registering authority and shall send in time a printed copy of the said register to the Central Government, Ministry of Surface Transport within the stipulated time as required by them under their rules.

(4)     The State Register may be either in bounded book form or on computer disc or tape.

(5)     The State Register for motor vehicle, shall be maintained accordingly to the class of vehicle that is to say transport or non-transport and also if the registration of all type of vehicle is in large number according to the detail classification of the vehicles as decided by Transport Commissioner (moped, two wheeler other than moped, other non-Transport vehicle, public service vehicle, goods carriers taxi cabs (Car and Jeep), etc.

Rule [4.28. Fees.?

The fees which shall be charged under the provisions of this chapter shall be as specified in the table below:-

[Table

CHAPTER V

Control Of Transport Vehicles

Rule 5.1. State Transport Authority.?

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

Provided that it shall meet atleast once in a year.

(2)     The number of members whose present shall constitute the quorum shall be two or 50% of the total membership including the Chairman, whichever is higher.

(3)     The Chairman, if unable to attend the meeting, shall nominate a member to act as the chairman at the meeting, the Chairman or the acting Chairman nominated under this sub-rule shall have the second casting vote.

(4)     Not less than 7 days notice shall be given of any meeting of the State Transport Authority. In case of emergency the Chairman can call meeting on 24 hour's notice.

(5)     A nominated non-official member of the State Transport Authority shall hold the office for a period of three years and thereafter until a successor is nominated:

Provided that (i) The Government may, at any time, reduce the period of the office of any such member to the period during which he has till than actually held the office of such member; and

(ii) ? When such member dies or otherwise vacates the office or when his period of the office is so reduced, his successor shall hold the office for the remainder of the period for which a member whose place such successor takes would have hold such office.

(iii)?? The nominated non-official member of the State Transport Authority shall be entitled to receive for his attending the meeting of the Authority travelling and halting allowance at the scale and on the conditions admissible to 1st class officers and any such member performing any journey, other than to attend a meeting of the authority, in connection with the business of the authority shall with the sanction of the Chairman be entitled to receive travelling and halting allowances likewise.

Rule 5.2. Regions and Regional Transport Authorities.?

(1)     Regions for the purpose of section 68 of the Act shall be in such number and shall comprise the areas, as notified by the State Government from time to time.

(2)     The Regional Transport Authority shall be the sole Transport Authority under Chapter V and VIth of the Act for the vehicle used or proposed to be used on routes common to two or more regions lying within the same State or in different States.

[(3) Each Regional Transport Authority shall meet at such times and at such place (within the region) as the Chairman may decide unless the State Transport Authority directs otherwise].

Rule 5.3. Conduct of business of the Transport Authorities.?

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

Provided that the State Government may if it considers necessary in the public interest, appoint more than one Secretary and a Executive Officer for any area of the region for each transport authority as constituted.

(2)     Subject to the provision of the Act and these rules and to the approval of the State Government, the said Transport Authority or Regional Transport Authority shall have the powers to make bye- laws to regulate the conduct of its business and shall likewise have powers to amend and rescind such bye-laws and the business of such transport authority, shall be conducted according to such bye-laws and under the directions of the Chairman.

(3)     In the event of the procedure by circulation being followed, the Secretary shall send to each member of the transport 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 a date by which the votes of the members are to be received in the office of the Transport Authority. Upon receipt of the votes of the members as aforesaid, the Secretary shall lay the papers before the Chairman who shall record the decision by endorsement on the form of the application or other documents, 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 the member of the Transport Authority at the regularly constituted meeting of the transport authority, no decision would be made by the procedure of the circulation, if, before the date by which the votes of members are required to reach the office of the transport, authority, not less than 1/3rd of the members of the transport authority by notice in writing to the Secretary demand that the matter may be referred to a meeting of the transport authority.

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

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

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

(7)     Where a matter is decided by the votes of the members presented at the meeting of the State or Regional Transport Authority, no person other than a member of the Transport Authority shall be entitled to be present and no record of the voting shall be kept safe of the number of votes cast on either side:

Provided that when any matter is decided by the exercise of the second casting vote of the Chairman or of the presiding officer, facts shall be recorded.

Rule [5.4. Delegation of powers.?

(1)     The State Transport Authority or the Regional Transport Authority may by general or special resolution delegate all or some of its powers and functions to officers of Transport Department not below the rank of District Transport Officer subject to such condition and restrictions as it may think proper:

Provided that the powers under sub-section (5) of Section 86 of the Act to compound any breach or infringement of the provisions of the Act or the rules can be delegated to the officers of the Transport Department not below the rank of Motor Vehicle Sub-Inspector:

Provided further that the powers of counter signing or granting temporary permits for vehicles of other States, coming in to this State or passing through this State under sub-section (8) of section 88 for one return trip only and in case of goods vehicles permit under section 87 for not more than thirty days, can be delegated to the incharge Check Post/Tax Collector Centre.

(2)     The State Transport Authority, or Regional Transport Authority may from time to time, issue instructions to the officers to whom powers have been delegated as to the manner in which they shall exercise the powers delegated to them.]

Rule 5.5. Application for Grant of Permit.?

(1)     Every application for a permit in respect of Transport Vehicle shall be in one of the following forms, namely:-

(i)       In respect of a particular Stage Carriage in Form R.S. 5.1:

(ii)      In respect of service of Stage Carriage in Form R.S. 5.2;

(iii)    In respect of a particular Contract Carriage in Form R.S. 5.3:

(iv)    In respect of a Casual Contract Carriage in Form R.S. 5.4;

(v)     In respect of a Contract Carriage to be used for Private hire in Form R.S. 5.5;

(vi)    In respect of a Private Service Vehicle in Form R.S. 5.6;

(vii)   In respect of Goods Vehicle in Form R.S. 5.7;

(viii)  In respect of All India Permit u/s 88(8)-in Form prescribed by the Central Government;

(ix)    In respect of National Permit u/s 88(9)-in Form prescribed by the Central Government; and

(x)     In respect of temporary permit in Form R.S. 58.

(2)     The application shall be addressed to the State Transport Authority or the Regional Transport Authority, as the case may be, and submitted in the office of the Secretary/Executive Officer and accompanied by-

(i)       proof of residence in the manners mentioned in rule 4 of the Central Motor Vehicles Rules, 1989;

(ii)      proof regarding belonging to S.C. or S.T. from a competent authority. Where reservation of permit under sub-section (4) of section 71;

(iii)    A self-addressed envelope for intimation;

(iv)    Prescribed fee;

(3)     In case of a stage carriage Permit. - The application shall also be accompanied by:-

(a)      Blue print of the proposed route showing all via- villages/towns/cities with population.

(b)      Length class or classes of the proposed routes i.e. A, B, C.

Explanation I. - for the purpose of this sub-rule A class route means :

A route cemented, tarred, asphalted or metalled.

B class route means Gravelled or Kankar route.

C class route means all Tracks and Fair whether and other routes not included in 'A' and 'B' Class routes.

Explanation II. - Duly verified by competent authority of P.W.D. or Tehsildar of the concerned district.

In case the applicant does not give the proof regarding length of route than the Regional Transport Officer shall have a survey report regarding length and nature of the route from the District Transport Officer concerned.

(c)      Proposed time-table.

(d)      Proposed fare to be charged (Fare chart).

(4)     In case the application for a private service vehicle, proof regarding permit to be used as private service vehicle.

(5)     In case of stage carriage permits, All India Permit and National Permit, affidavit in support of having at the time of application number and the nature of the permit having in the applicants name or in the name of any member of his family and no portion of nationalised route over lapped or the proposed route overlapped by ...............k.m.

(6)     If any person having more them 30 permits of stage carriage and Contract Carriage in his name or State undertaking operating in the State may apply for stage carriage permit in form R.S. 5.2.

Rule 5.6. Disposal of Application of where no limit has been fixed.?

(1)     The Secretary State Transport Authority Regional Transport Authority shall scrutinise each application, if any application is not complete, the applicant shall be required to remove the defect.

(2)     All such applications found complete shall be entered date-wise, in a separate register to be maintained for each type of application of permit in the office.

(3)     The Secretary shall dispose of such applications on behalf of the Regional Transport Authority where the powers to deal these which has been delegated to him.

(4)     In case where an application is required to be considered by the Regional Transport Authority the Secretary shall submit the application received from 1st to 15th of each month with a factual report regarding (i) correctness of the application, (ii) whether the proposed route or area is over lapped or not by nationalised route and (iii) all other matters based on the documents submitted by the applicant, before 22nd of the same month likewise the complete applications received from 16th to the last date of the month shall be submitted before the Regional Transport Authority by the 7th of the next month.

(5)     The applications submitted and found complete by the State Transport Authority/Regional Transport Authority shall be disposed off within two months from the date of receipt, while granting the permit for the stage carriage the Regional Transport Authority shall also approve the proposed time table and the fare chart submitted by the applicant.

(6)     Before rejecting the application the State Transport Authority/Regional Transport Authority shall issue a show-cause notice to the applicant to appear before him on the appointed date, place and time, either in person or through authorised representative. After giving him an opportunity of being heard or in case no body appears on the mentioned in the notice, he shall decide the application on the merit. If the application is rejected, reasons for rejecting the application should be given in writing immediately.

Rule 5.7. Disposed of application of stage carriage permit where limit has been fixed.?

(1)     Where the number of stage carriage are fixed under sub-section (3) (a) of section 71 of the Act the stage carriage permit to the extent of the 16% and 12% shall be reserved for the applicants belonging to the SC/ST respectively.

(2)     In case the applications received from SC and ST are Less than the permits to be issued to them under sub-rule (1), the number of permits which could not be issued to the persons belonging to the SC and the ST shall be carried forward but such carried forward quota shall automatically lapse after one year.

(3)     The State Transport Authority or the Regional Transport Authority may group various routes within the State/Region for which limit of the permit has been fixed for the purpose of granting stage carriage permits to the applicants belonging to the SC/ST as per sub-rule (1).

(4)     The procedure for disposal of application before the Regional Transport Authority will be the same as mentioned in Rule 5.6.

Rule 5.8 Power to refusal to accept application for the permit.?

Where the number of permit for stage carriage and Contract Carriage has been fixed under the Act, and number has been exhausted. The Regional Transport Authority shall notify this fact on the notice board of its office and may decline to receive any further application for permit in respect of a class of vehicle in the are or on the route aforesaid.

Rule 5.9. Issue of permit.?

(1)     The Secretary/Executive Officer of the [State Transport Authority/Regional Transport Authority] shall, intimate the applicant within seven days from the date of order of the [State Transport Authority/Regional Transport Authority] regarding grant or rejection of the application and on receipt of the prescribed obtained form R.S. 5.19 for the permit shall be issued which shall be in one of the following forms:-

(2)     Save in the case of Temporary Permit every permit shall be in two portion 'A' and 'B'. One copy of part A only shall be issued. One copy of part B shall be issued in respect of every vehicle authorised by the permit and where a permit relates to more than one vehicle each such copy shall carry, in addition to the number of permit a separate serial number contained in Brackets after the number of permit. Each such copy shall be sealed and signed by the authority by which the permit is issued and by the authority by which the permit is countersigned.

(3)     The holder of a permit shall cause the relevant copy of part 'B' thereof or the Temporary permit, as the case may be, to be carried in Glassed Frame or other suitable container in or fixed to the interior of the vehicle in such a way as to maintain it in a clean and legible condition, readily available for inspection at any time by the authorised person.

Rule [5.10. Permit for Transport Vehicle-Condition.?

In pursuance of any general or specific direction issued by the State Transport Authority in this behalf, a condition to the effect that the Motor Vehicle in respect of which such permits is granted or renewed shall not be a model earlier than a specified year and any other condition to any other effect, may be attached at the time of the grant or renewal of a permit for Transport Vehicle.]

Rule 5.11. Permit Entry of Registration Mark on.?

(1)     Save in the case of a temporary permit, if the registration mark of the vehicle is to be entered on the permit and the applicant is not at the date of application in possession of the vehicle duly registered, the applicant shall within one month of the sanction of the application by the Regional Transport Authority or such longer period as the Authority may specify, produce the certificate of registration of the vehicle before that Authority 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 therein and in the applicant failing to produce the certificate of registration within the prescribed period, the Regional Transport Authority may revoke its sanction of the application.

Rule 5.12. Permits-Temporary.?

(1)     A temporary permit may, if the State Transport Authority or a Regional Transport Authority thinks fit, be granted to any person whether he is the registered owner of the vehicle or vehicle to be used thereunder or not.

(2)     When, at the time of application for a temporary permit, the applicant is not in possession of the vehicle or has not entered into a contract to hire the vehicle or vehicles or otherwise satisfies the State Transport Authority or Regional Transport Authority that he is for good and sufficient reason unable to specify the registration marks or marks of the vehicle or vehicles to be used under the permit applied for the State Transport Authority or the Regional Transport Authority, as the case may be, it is satisfied that undue inconvenience would otherwise be caused, issue a temporary permit in which the registration mark of the vehicle is not set out, and may, if it thinks fit require as a condition of the permit that the applicant shall, within twenty four hours, or such longer period, as the Authority may specify of the commencement of the first journey under the authorisation of the temporary permit, furnish to the Authority particulars of the registration mark.

Rule 5.13. Permits Extension of Area or validity of.?

(1)     Subject to the provision of section 88 of the Act, a Regional Transport Authority which issues a permit (hereinafter referred to as the original Transport Authority) other than a permit in Form R.S. 5.10, or permit in Form R.S. 5.12 may extend the effect of the permit to any other region within Rajasthan and may attach conditions to the permit with effect to such other region and may vary the conditions of the permit in different regions provided always that the vehicle to which the permit refers are normally kept within the region of the Regional Transport Authority and subject to the provisions of the following sub-rules:-

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

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

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

(5)     Nothing in this rule shall effect the right of the holder of any permit to apply to any Regional Authority for counter signature of a permit.

Rule 5.14. Validity of inter regional permits without countersignature.?

An inter regional permit granted by a Regional Transport Authority of any one region shall be valid in any other region of the State without being countersigned by the Regional Transport Authority of the other region.

Rule 5.15. National Permit & All India Bus Tourist Permit.?

(1)     A permit granted by State Transport Authority of any State under subsection (9) or (12) of section 88 of the Motor Vehicles Act and the holder of the permit has opted the State of Rajasthan and paid the tax or fee in lieu of tax if agreed shall be valid without countersignature in the State of Rajasthan:

Provided that the State Transport Authority or the competent authority, as the case may be, of the State granting the permit issued in respect of the vehicle and authorisation under its seal and signature in the form prescribed in sub-rule (2) of rule 83 and sub-rule (2) of rule 87 of the Central Motor Vehicles Rules, 1989:

Provided that such vehicles carries a valid certificate of fitness, registration certificates and in respect of which all due motor vehicles tax has been paid.

(2)     If the authorisation is not obtained within the prescribed time, the permit holder is liable to pay Rs. 100/- per month or part thereof for which the default continue in addition to fees in lieu of tax payable.

Rule 5.16. State Carriage regular service.?

Every stage carriage shall perform regular service in the manner required by the Transport Authority and shall immediately notify that Authority of any failure to do so, with the reasons thereof, failure without good reason to render the regular service on any prescribed route shall render the permit liable to suspension or cancellation by the Transport Authority.

Rule 5.17. Stage Carriages to ply on routes other than those specified in the permit under certain circumstances.?

Holder of a permit granted in respect of a stage carriage shall, if so directed by the Authority granting permit (such direction being made in the interest of public and public safety or in any emergency) use the stage carriage of 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 directions.

Rule 5.18. Power of Attorney.?

(1)     Operation of a motor vehicle through an attorney shall not be permissible except in the case of permit holder who is :-

(a)      a woman.

(b)      a minor whose father has died.

(c)      a person incapable to manage the operation of the motor vehicle by reasons of blindness or other physical or mental infirmity.

(d)      prosecuting studies in recognised institution and his age does not exceed 25 years.

(e)      under detention or imprisonment.

(2)     A motor vehicle would not be operated under a power of attorney unless the permit holder has got the name of the person who is resident of Rajasthan and having his place of business for carrying passengers or goods in Rajasthan, in whose favour the power of attorney has been executed registered and filed a copy thereof in the office of the State Transport Authority/Regional Transport Authority. Failure to comply with these conditions shall constitute a valid ground for cancellation of permit.

Rule 5.19. Additional conditions in respect of certain permits.?

(1)     The following shall be the additional conditions to every stage carriage permit:-

(i)       That there shall be exhibited on the vehicle adequate particulars indicating the public place to which and the route by which the vehicle is proceeding:

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

(iii)    that the vehicle shall be regularly operated on the entire specified route in each journey in accordance with the approved time-table except when prevented by accident temporary unmoterability of the route or any unavoidable cause due to natural calamity.

(iv)    if the Regional Transport Authority require the holder of stage carriage permit that the stage carriage or service of carriages in respect of which the permit is granted shall carry mails at such rates as the authority may in consultation with the postal Authorities, fixed in that behalf from time to time.

[(v) that the permits shall be subject to the provisions/ conditions/as laid down in the Act and rules made there under and also subject to the conditions/ directions laid down by the State Transport Authority/ Regional Transport Authority, Rajasthan from time to time. Further terms and conditions of specific schemes shall be the additional conditions for the permit granted under the particular scheme;

(vi) while the vehicles on road shall not have any person of the permit holder other than the Driver and Conductor and no person including the conductor shall be on the stairs of a bus or stretching his hand outside the door of the vehicle;

(vii) the driver and conductor to be deployed, shall bear high moral character and shall be courteous and polite to the commuters;

(viii) the driver/conductor to be deployed in a stage carriages may be required to undergo the test and training as specified by the Transport Commissioner;

(ix) the driver/conductor shall not be appointed or changed without prior intimation to the State Transport Authority/Regional Transport Authority;

(x) ? the fare shall be charged from passengers at the rates approved by the State Government and tickets shall be issued to the passengers for the fare paid. The tickets so issued shall bear bus number, route, the fare actually charged from the passengers and place of boarding and place of destination of passengers. However that the tickets shall be issued by way of e-ticketing, if required by the State Transport Authority/Regional Transport Authority by any vehicle, class of vehicle of stage carriages;

(xi) passengers shall not be carried in excess of the registered seating and standing capacity of the bus;

(xii)? not more than 15 kgs of luggage and personal effects for each passenger shall be carried in any stage in the bus free of cost;

(xiii) it shall be ensured that goods shall be of such a nature and shall be so packed and secured on the bus as no danger, inconvenience or discomfort is caused to the passengers;

(xiv) the buses with stage carriage permits shall not be utflized for any other purpose except with the prior approval of the State Transport Authority;

(xv) all statutory obligations under labour laws and any enactments for behalf or employees of the operator shall be scrupulously observed by the permit holder;

(xvi) that the crew (driver and conductor) wherever applicable shall assist and extend all possible help to disabled persons trying to board in and out of bus. Further, in case driver or conductor fails to stop the bus to allow a disabled person to board at the designated bus stop or fails/refuses to assist the disabled person(s) to board the bus, they shall liable for action under the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995 and permit may be suspended or cancelled by the State Transport Authority;

(xvii) Global Positioning System (GPS) of the specifications as specified by the Transport Commissioner shall be installed in such vehicles, on such date and in a manner as directed by Transport Commissioner. It shall be ensured by the owner of the stage carriage that the GPS thus installed, is kept in working condition at all time;

(xviii) in case an incident of incident behavior, molestation or eve teasing etc. against any woman takes place in any bus which tantamount to outraging her modesty, it shall be the duty of the crew of the bus (i.e. driver and conductor) to inform the police immediately and take the bus to the nearest police station/police post/PCR van and hand over the culprit to the police;

(xix) the vehicle shall not be fitted with curtains or glasses having films further. In case of the tinted glasses of windscreen, rear window and side windows provided by the manufacturer they shall be maintained in such conditions as prescribed under sub-rule (2) of Rule 100 of the Central Motor Vehicles Rules, 1989 and judgment of the Hon'ble Supreme Court in Writ Petition (Civil) No. 2G5 of 2011 dt. 27.4.2012;

(xx) the vehicle shall have sufficient internal transparent fighting. Activities inside the vehicle should be visible from outside whenever the vehicle is playing on road during the day or night;

(xxi) details of the driver and conductor (i.e. name, address, license number, badge number) and telephone/mobile number of the owner of the vehicle, transport and police helpline number and registration number of the vehicle shall be displayed at a conspicuous place inside the vehicle in contrast colour, so as to be clearly visible to all passengers in the vehicle;

(xxii) all off duty vehicles shall be parked with the owners and not with the drivers or other staff members; and

(xxiii) the permit holder shall ensure that his/her vehicle has at least twenty five percent seats reserved for women, two seats reserved for senior citizens/disabled persons on the conductor side towards front gate. The seats reserved so shall also be marked accordingly. The conductor of the vehicle shall ensure the occupancy of these seats by the above said reserved passengers.]

(2)     A permit in respect of Contract Carriage shall have the following conditions, - (i) that no driver authorised to drive the public service vehicle shall drive vehicle without written authorisation by the permit holder, if he is not himself a permit holder. He should also produce such authority, on demand by the concerned officers who empowered to check the permit.

(ii) ? that the number of persons to be carried in the vehicle shall not exceed the number which may be specified in the registration certificate or the permit.

(iii) that in case of a contract carriage, having seating capacity more than 12 in all, the vehicle shall carry a list of passengers travelling therein in the following form in respect of each trip and such list shall on demand be produced before the officer of the Transport Department not below the rank of Motor Vehicle Sub-Inspector:-

[(iv) that the permits shall be subject to the provisions/ conditions as laid down in the Act and rules made there under and also subject to the conditions/ directions laid down by the State Transport Authority/ Regional Transport Authority, Rajasthan from time to time. Further, terms and conditions of specific schemes shall be the additional conditions for the permit granted under the particular scheme;

(v) ? that the crew (driver and conductor) wherever applicable shall assist and extend all possible help to disabled persons trying to board in and out of bus. Further, in case driver or conductor fails to stop the bus to allow a disabled person to board at the designated bus stop or fails/refuses to assist the disabled person(s) to board the bus, they shall liable for action under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and permit may be suspended or cancelled by the State Transport Authority;

(vi) in case an incident of indecent behavior, molestation or eve testing etc. against any woman takes place in any bus which tantamount to outranging her modesty, it shall be the duty of the crew of the bus (i.e. driver and conductor) to inform the police immediately -and take the bus to the nearest police station/ police post/ PCR van and hand over the culprit to the police;

(vii)? Global Positioning System (GPS) of the specification as specified by the Transport Commissioner shall be installed in such vehicles, on such date and in a manner as directed by Transport Commissioner. It shall be ensured by the owner of the contract carriage that the GPS thus installed, is kept in working condition at all time;

(viii) the vehicle shall not be fitted with curtains or glasses having films further. In case of the tinted glasses of windscreen, rear window and side windows provided by the manufacturer they shall be maintained in such conditions as prescribed under sub-rule (2) of Rule 100 of the Central Motor Vehicles Rules, 1989 and judgment of the Hon'ble Supreme Court in Writ Petition (Civil) No. 265 of 2011 dt. 27.4.2012;

(ix) the vehicle shall have sufficient internal transparent fighting. Activities inside the vehicle should be visible from outside whenever the vehicle is plying on road during the day or night;

(x) ? details of the driver and conductor (i.e. name, address, license number, badge number) and telephone/ mobile number of the owner of the vehicle transport and police helpline number and registration number of the vehicle shall be displayed at a conspicuous place inside the vehicle in contrast colour, so as to be clearly visible to all passengers in the vehicle; and

(xi) all of duty vehicles shall be parked with the owners and not with the drivers or other staff members.]

List of Passengers

Motor Vehicle No........................................................

Date........................Time of Departure...........................

From ..............................to....................................

(3)     A permit in respect of a Public Service vehicle may be subject to the condition that its holder shall make provision of such vehicle for the convenience of reasonable quantity of passengers luggage with sufficient means for securing it and protecting it against rains.

(4)     A permit in respect of goods vehicle shall have the following conditions. - (i) That the vehicle shall not be used for the convenience of any class or description of goods in contravention of any law or any rule or any order made thereunder prohibiting or regulating import and export or transport of such goods.

(ii) ? that the number of persons to be carried in the vehicle shall not exceed the number which may be specified in the certificate of registration or the permit;

(iii) it shall not carry weight more than allowed in the registration certificate or the permit;

(iv)? they shall not obstruct (restrict) any permit holder to take goods on any condition and shall not take part in monopolitics trade practice;

(v) ? if the holder of the permit is collecting or forwarding or distributing agent, he shall have the licence under Rule 5.77.

(5)     it shall be a condition of a permit that all the taxes shall be paid regularly. Non payment or late payment of tax under the Rajasthan Motor Vehicle Taxation Act, 1951, of the vehicle specified in the permit shall be a valid ground for cancellation or suspension of permit or refuse of renewal of permit. In case of suspension, the payment of all the taxes shall also automatically revoke the order of suspension.

Rule 5.20. Carriage of Animal in goods Vehicle.?

(1)     No cattle shall be carried in a goods vehicle in a public place unless (i) in the case of goat, sheep, deer or pig-

(a)      a minimum floor space of 0.2 square meter per head of such cattle is provided in the vehicle;

(b)      proper arrangements for ventilation are made, and

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

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

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

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

(i)       in the case of any other cattle.-(a) a minimum floor space of (2m x 1 m) per head of cattle and half of such floor space for a young one of cattle which is weaned is provided in the vehicle;

(b) ? the load body of the vehicle is constructed of strong wooden planks or of iron sheets with a minimum height of (1.5 meters) 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.

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

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

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

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

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

Rule 5.21. Carry of goods on Stage Carriages.?

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

(2)     Subject to provision of sub-rule (2) of rule 5.24 luggage may be carried on the roof of a stage carriage or in boot, locked or compartment set-aside for the purpose, but where it is so carried on roof adequate-protection in the form of Guard rail shall be provided.

(3)     No luggage shall be carried on a stage carriage in such a way so as to block any entrance or exit,

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

(5)     Subject to provision of sub-rule (2) of Rule 5.22 goods may be carried in a stage carriage at any time in accordance with the conditions specified in the permit:

Provided that obligation of the holder to carry passengers in accordance with the terms of permit is discharged.

(6)     Where goods are carried in a stage carriage in addition to passenger, the goods shall be of such nature and shall be so packed and secured on the vehicle that no danger, inconvenience or discomfort is caused to any passenger. Such number of seats may be specified in the permit which shall be kept free and unimpeded for the use of passenger and the access to the entrance to the exist from, the vehicle required under Chapter VII of these rule, shall be under unobstructed.

(7)     The weight in kilograms of the goods carried on a stage carriage shall not exceed (N-X) X 68 where in relation to a single deck stage carriage or to the lower deck 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 the goods whichever is greater.

Rule 5.22. Carriage of Goods on contract carriage prohibited.?

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

(a)      special reasons on particular occasions and subject to condition and restrictions to be specified on the permit, or

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

Rule 5.23. Carriage of certain goods in State or Contract Carriage-prohibited.?

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

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

Rule 5.24. Carriage of luggage.?

Every public service vehicle shall be provided with adequate means for the conveyance of reasonable amount of luggage and with a sufficient number of chains, straps of other means of securing such luggage. No luggage shall be carried on the roof of the vehicle unless there has been affixed there to a guard rail of type approved by the Registering Authority and a suitable water proof covering is provided to protect the luggage is wet whether. The covering shall be securely fastened so as to prevent flapping.

Rule 5.25. Stage or Contract Carriages-Carriage of personal luggage in.?

(1)     In every stage carriage not more than fifty kilograms of luggage and personal effects at per passenger shall be carried. Out of this fifty kilograms the twenty five kg. shall be allowed free of charge and the rest may be charged for.

(2)     The Regional Transport Authority shall have powers to make regulations regulating the weight of luggage and goods which may be carried in a contract carriage generally or in any specified area.

Rule 5.26. Permits-Cancellation of redundant.?

When a permit has been granted on first application by one Regional Transport Authority in respect of a particular vehicle or in respect of a service of vehicles and it appears that a permit has also been granted by another Regional Transport Authority:-

(a)      in respect of the same vehicles, or

(b)      in respect of vehicles requiring the use of a greater number of vehicles than the holder of the permits possessed at the time of application, the Regional Transport Authority by which one of the permit was issued may in consultation with the other Authority forthwith cancel or modify the permit in such a manner, as it may deem fit.

Rule 5.27. Permits-renewal of.?

(1)     An application for the renewal of a permit shall be made in the prescribed form R.S. 5.20 in the prescribed time to the [State Transport Authority/Regional Transport Authority] by which the permit was issued and shall be accompanied by Part A' of the permit alongwith the prescribed fee.

(2)     The Secretary/Executive officer shall mention in his note for the following matter before submitting the application for consideration to the [State Transport Authority/Regional Transport Authority]:-

(i)       Financial condition of the applicant as evidenced by insolvency or degree for payment of debts remaining unsatisfied for a period of 30 days prior to the date of consideration of the application.

(ii)      whether the applicant had been punished twice or more not within the 12 months reckoned from 15 days prior to the date of consideration for the following matters:-

(a)      is he plying any vehicle,-

(1)     without payment of tax due on such vehicle.