CONTROL OF TRANSPORT VEHICLE IN DELHI
Q: What are the terms of office for members of the State Transport Authority and what entitlements do non-official members receive?
Members appointed to the State Transport Authority hold office for specific periods:
- An official member serves for one year, with the possibility of continuation until a successor is appointed, unless the State Government orders otherwise.
- A non-official member also serves for one year, and continues in office until a successor is appointed. The State Government can remove a non-official member at any time. If a non-official member dies, is removed, or vacates office, their successor will serve the remainder of the original member's term and then until a new successor is appointed.
Non-official members are entitled to:
- A fee of ₹100 for each day they attend a meeting of the authority.
- Traveling and halting allowances for journeys performed under the Chairman's orders related to the Authority's business, except for journeys to attend meetings. These allowances are at the scale and conditions applicable to a Central Government servant of the first Grade, 'A' service.
Q: What are the procedures and requirements for meetings of the State Transport Authority?
- Meeting Schedule: The State Transport Authority will meet at times and places designated by the Chairman.
- Notice Requirement: A minimum of ten days' notice must be given before any meeting of the State Transport Authority.
- Quorum: A quorum for a meeting requires at least two members to be present.
- Acting Chairman: If the Chairman cannot attend a meeting, they must nominate another member to act as Chairman for that meeting.
- Voting: The Chairman or the acting Chairman will have a second or casting vote in case of a tie.
Q: How is the business of the State Transport Authority conducted and what are the procedures for decision-making?
- Bye-Laws and Direction: The State Transport Authority can create and amend bye-laws to regulate its business, subject to the Act, these rules, and State Government approval. The business is conducted under the direction of the Chairman.
- Agenda: The Secretary presents the agenda for consideration at any meeting of the State Transport Authority.
- Procedure by Circulation: For most matters (except objections to permits or representations under the Act), the Authority may make decisions by circulation. Members vote in writing, and the Secretary collects and presents these votes to the Chairman, who records the decision based on the votes received and their own vote if needed. The votes are confidential and accessible only at regular meetings of the Authority. If one-third of the members request a meeting in writing before the deadline, the matter must be referred to a meeting.
- Voting Requirements: The number of votes required for a decision via circulation must be at least the quorum needed for a meeting, excluding the Chairman’s casting vote.
- Permit Applications: The Authority may require applicants to appear in person or provide additional information before granting a permit.
- Decisions Post-Meeting: Matters previously considered or reserved at a meeting can still be decided by circulation.
- Meeting Voting: During meetings, only members can be present, and voting records are kept only as totals for each side. The Chairman’s use of a casting vote is recorded.
Q: What happens when the State Government imposes a limit on the number of permits for a specific route or area?
When the State Government, and if directed by the Central Government under the Act, imposes a limit on the number of permits for a particular route or area, and that limit has already been reached, the State Transport Authority is required to refuse to consider any further applications for permits for that route or area.
Q: How can individuals or authorities participate in the hearing of an application or representation before the State Transport Authority?
Individuals or authorities who have made an application or representation regarding any type of permit to the State Transport Authority may participate in the hearing by:
- Appearing in person before the Authority on the designated date, or
- Being represented by an authorized representative, if they have provided written authorization for this representative.
Q: How should an application for a transport vehicle permit be submitted, and to whom should it be addressed?
Every application for a transport vehicle permit must be addressed to the Secretary, State Transport Authority, Delhi. The application should be submitted using the form prescribed for the specific category of vehicle for which the permit is being requested.
Category of Transport Vehicle | Form Prescribed |
---|---|
Particular Stage Carriage | P.St.A |
Reserve of Stage Carriage | P.R.S.A |
Contract Carriage | P.C.A. |
Goods Carrier | P.G.A. |
Temporary Permit | P.TEM.A. |
Private Service Vehicle | P.S.A. |
54. Forms of permit.
(1) Every permit issued shall be in one of the following forms:
Form | Permit in respect of |
---|---|
P.St.C. | Particular Stage Carriage |
P.R.S.C. | Reserve of Stage Carriage |
P.C.C. | Contract Carriage |
P.Pr.C. | Private Goods Carrier |
P.Pu.C | Public Goods Carrier |
P.TEM | Temporary Permit |
P.S.C. | Private Service Vehicle |
Q: What are the requirements for entering the registration marks on a transport vehicle permit?
- For Regular Permits: If the applicant is not in possession of a duly registered vehicle at the time of application, they must provide the registration mark within one month of the application being sanctioned by the State Transport Authority.
- Permit Issuance: No permit will be issued until the vehicle's registration mark is entered on the permit, if required. If the applicant fails to produce the registration certificate within the prescribed period, the State Transport Authority may revoke the sanction of the application.
Q: What are the procedures for obtaining a duplicate permit if the original permit is lost, destroyed, or damaged?
- Reporting and Fee: The permit holder must promptly inform the State Transport Authority if the permit is lost or destroyed and pay the prescribed fee for issuing a duplicate.
- Application Requirements: The application for a duplicate permit must include:
- A police report for loss.
- A Challan Clearance Certificate from the Delhi Traffic Police and Enforcement Branch of the Transport Department and an affidavit for destruction.
The State Transport Authority will issue the duplicate permit with a “DUPLICATE” stamp in red ink.
- Replacement of Damaged Permits: If a permit is dirty, torn, or defaced to the extent that it is illegible, the holder must surrender it and apply for a duplicate.
- Fee: The fee for issuing a duplicate permit or part thereof is half of the permit fee prescribed under Rule 59.
- Found Permits: Any found permit or part must be delivered to the nearest police station, the permit holder, or the State Transport Authority. If a duplicate has been issued and the original is found, it must be returned to the issuing authority.
- A police report for loss.
- A Challan Clearance Certificate from the Delhi Traffic Police and Enforcement Branch of the Transport Department and an affidavit for destruction.
Q: What are the requirements for using a stage carriage as a contract carriage?
- Special Boards: A stage carriage used as a contract carriage must have a board affixed on each side showing it is for contract use. The board must display the words “On Contract” in red letters on a white background.
- Board Specifications: The letters on the board must be at least the size prescribed for registration mark numerals and should be affixed prominently at or near roof level.
- Affixing and Removal: The board must be affixed before the start of any trip for which the vehicle is used as a contract carriage and kept in place throughout the trip. Any boards or marks indicating the route for stage carriage service must be removed or covered during the contract carriage trip.
Q: What are the requirements for displaying route plans and fare tables in stage carriages?
- Route Plan: Every stage carriage must carry a route plan, duly attested by the Secretary of the State Transport Authority, showing the place of origin, termination, and detailed route. The route plan should be exhibited inside the vehicle and include a road map unless prohibited by the Delhi Traffic Police during emergencies.
- Fare Table: A fare table, also attested by the Secretary of the State Transport Authority, detailing fares from one stage to another, must be permanently displayed inside the stage carriage.
Fees to be paid in respect of permits.-
Type of Vehicle | Fee Payable |
---|---|
(a) For issue of renewal of permit valid for five years in case of an auto-rickshaw. | Rs. 1000/-(Rupees one thousand) |
(b) For issue or renewal of permit valid for five years in case of a local taxi (DL1T,DL-1Y and DL-1N) | Rs.1500/-(Rupees one thousand five hundred) |
(c) For issue renewal or countersignature of permit valid for five years in case of a light motor vehicle, light goods vehicle and medium goods/passengers vehicles and DL-1Z and DL-1RX Taxis. | Rs.2000/-(Rupees two thousand) |
(d) For issue renewal or countersignature of permit valid for five years in case of a heavy motor vehicle, heavy goods vehicle. | Rs. 2500/-( Rupees two thousand and five hundred) |
(e) For transfer of permit in case of an auto-rickshaw and local taxi. | Rs. Rs.2000/-(Rupees two thousand) |
(f) For transfer of permit in case of other commercial transport vehicles including tourist taxis DL-1Y, DL-1Z and DL-1N) | Rs. 5000/- (Rupees five thousand) |
Q: What are the exemptions and conditions related to the payment of fees for permits?
- 1. Exemption for Foreign Embassies: No fee is payable for permits issued to foreign embassies in India.
- 2. General Exemption: The Commissioner may grant an exemption from the payment of the prescribed fee to any person by issuing an order in writing.
Q: What are the requirements for the custody, production, and cancellation of permits?
- 1. Production on Demand: Permits must be produced upon request by a person authorized by the Chairman or Secretary of the State Transport Authority, or any police officer not below the rank of Sub-Inspector.
- 2. Inspection by Officers: Police officers or Transport Department officers in uniform can inspect permits by mounting the transport vehicle.
- 3. Surrender and Cancellation:
- 1. The permit holder can surrender the permit at any time, and it will be canceled by the State Transport Authority.
- 2. If a permit is suspended or canceled, the holder must surrender it within seven days of receiving a written demand from the State Transport Authority, which will notify any countersigning authority.
- 3. Permits that expire must be delivered to the State Transport Authority within fourteen days. The Authority will inform any countersigning authorities.
- 4. If a permit is suspended, the vehicle must be produced for detention, and the detention period starts from when the vehicle is presented along with the permit.
- 1. The permit holder can surrender the permit at any time, and it will be canceled by the State Transport Authority.
- 2. If a permit is suspended or canceled, the holder must surrender it within seven days of receiving a written demand from the State Transport Authority, which will notify any countersigning authority.
- 3. Permits that expire must be delivered to the State Transport Authority within fourteen days. The Authority will inform any countersigning authorities.
- 4. If a permit is suspended, the vehicle must be produced for detention, and the detention period starts from when the vehicle is presented along with the permit.
Q: What powers can the State Transport Authority delegate regarding permit suspension?
- The State Transport Authority may delegate its powers to suspend permits or recover sums of money under Section 86 of the Motor Vehicles Act, 1988 to Group 'A' and Group 'B' gazetted officers through a general or special resolution. The delegation will specify the designation of the officers involved and the conditions imposed.
Q: How is the validity of permits issued by other states or regions determined?
- 1. Permits from Other States: If there is a valid agreement allowing permits from other states to be valid in the National Capital Territory of Delhi without countersignature, such permits will be valid without additional countersignature.
- 2. Regional Transport Authority: There is no Regional Transport Authority for the National Capital Territory of Delhi; there is only one State Transport Authority for the entire region.
- 3. Zonal Officers: Zonal Officers act as branch offices of the Transport Department and perform functions assigned by the Commissioner.
Q: What is the process for appealing against orders of the State Transport Authority?
- 1. Appeal Authority: Appeals against orders of the State Transport Authority are decided by the State Transport Appellate Tribunal, constituted under Section 89 of the Act.
- 2. Form and Fee: Appeals must be submitted in duplicate in a memorandum format, stating grounds of objection concisely and numbered consecutively. A certified copy of the order being appealed against must be included with a fee of ₹500 in cash.
- 3. Document Access: Interested parties can obtain copies of any document related to the appeal from the Secretary of the State Transport Authority, upon payment of ₹25 per page.
Q: What items must be included in the first aid box carried by stage and contract carriages?
- 1. Sterilized finger dressing
- 2. Sterilized hand or foot dressing
- 3. Sterilized large or body dressing
- 4. One extra-large, two large, and three small sterilized burn dressings
- 5. Two 15-gram packets of sterilized cotton wool
- 6. A bottle of 2% tincture iodine
- 7. A bottle of Sal Volatile
- 8. An empty bottle fitted with a dropper for eye drops
- 9. A 55-gram medicine glass
- 10. Any other articles or medicines deemed necessary for first aid
Q: What additional equipment may be required by the State Transport Authority for public service vehicles?
- 1. Fire Extinguisher: The State Transport Authority may require public service vehicles to be equipped with a fire extinguisher of a specified type, which must be inspected at intervals specified by the Authority in consultation with the Delhi Fire Service.
- 2. Pneumatic Tyres: Public service vehicles must be equipped with pneumatic tyres in good condition. The tyres should be readily inflated and mounted in a manner that allows easy replacement.
Q: What equipment must a public service vehicle carry at all times, aside from the first aid box?
- 1. An efficient jack
- 2. Tools necessary to change a wheel or rim, including:
- 1. Spanners to fit every nut of the vehicle
- 2. One screwdriver
- 3. One pair of pliers
- 4. One hammer
- 5. Two tyre levers
- 6. Tyre repair outfit
- 7. Tyre pump
- 8. Wheel jack
- 9. One spare headlight bulb and one spare rear-lamp bulb
- 10. A supply of spare fuses
- 1. Spanners to fit every nut of the vehicle
- 2. One screwdriver
- 3. One pair of pliers
- 4. One hammer
- 5. Two tyre levers
- 6. Tyre repair outfit
- 7. Tyre pump
- 8. Wheel jack
- 9. One spare headlight bulb and one spare rear-lamp bulb
- 10. A supply of spare fuses
Q: Are there any exceptions to the requirement for carrying the first aid box?
- The requirement to carry a first aid box does not apply during the completion of a journey when the spare wheel or rim and tyre have been used or when the vehicle is going for repairs.
Q: What are the regulations regarding the number of passengers that can be carried in a stage or contract carriage?
- 1. Passenger Limits Without Special Permission: Except with special permission from the State Transport Authority, no permit or countersignature shall authorize the conveyance of more passengers than specified in the registration certificate for any stage or contract carriage.
- 2. Standing Passengers in State Transport Undertaking Vehicles: Vehicles operated by the State Transport Undertaking may carry standing passengers up to the limit prescribed by the State Transport Undertaking.
- 3. Passenger Registration Limits: No public service vehicle, other than a motor car, shall be registered to carry more passengers than determined by:
- 1. Subtracting 120 kilograms from the difference between the registered laden and unladen weight of the vehicle, and then dividing by 70 for a single-deck vehicle or 60 for a double-deck vehicle, or
- 2. Such a number of passengers that, when the vehicle is loaded normally, any axle's weight exceeds its registered axle weight.
- 1. Subtracting 120 kilograms from the difference between the registered laden and unladen weight of the vehicle, and then dividing by 70 for a single-deck vehicle or 60 for a double-deck vehicle, or
- 2. Such a number of passengers that, when the vehicle is loaded normally, any axle's weight exceeds its registered axle weight.
Q: What are the rules for carrying children and infants in a public service vehicle?
- 1.Passenger Reckoning:
- 1. A child of not more than twelve years of age shall be counted as half a passenger.
- 2. A child of not more than three years of age shall not be counted as a passenger.
- 2. Educational Institution Buses and Student Transport:
- 1. No educational institution bus or any transport vehicle used for transporting students shall carry more than one and a half times the number of passengers (including school students) authorized in the registration certificate.
- 3. Definition of Transport Vehicle: For the purposes of this regulation, “transport vehicle” includes all categories of contract carriage and private service vehicles.
- 1. A child of not more than twelve years of age shall be counted as half a passenger.
- 2. A child of not more than three years of age shall not be counted as a passenger.
- 1. No educational institution bus or any transport vehicle used for transporting students shall carry more than one and a half times the number of passengers (including school students) authorized in the registration certificate.
Q: What are the regulations regarding the carriage of goods in stage and contract carriages?
- 1. Goods on Double Decked Stage Carriages: No goods shall be carried on the top deck of a double-decked stage carriage.
- 2. Sanitary Conditions: Goods that may foul the interior of the vehicle or render it insanitary shall not be carried in any stage or contract carriage.
- 3. Goods Specification by State Transport Authority: The State Transport Authority may specify in any permit which goods shall not be carried or the conditions under which certain classes of goods may be carried in a stage or contract carriage.
- 4. Carriage of Goods and Passenger Obligations: Goods may be carried in accordance with the permit conditions, provided that the permit holder fulfills the obligation to carry passengers as per the terms of the permit.
- 5. Abuse of Permit Conditions: If a stage carriage permit holder uses the vehicle for carrying goods to the detriment of public convenience by failing to meet passenger demand, the State Transport Authority may declare a breach of permit conditions and proceed under the provisions of the Act after giving the holder an opportunity to be heard.
Q: What are the procedures for handling lost property on public service vehicles?
- Search and Custody: At the end of every journey, the driver or conductor of a stage carriage must search the vehicle for any items left by passengers. Found items must be taken into custody and handed over to the person in charge of the permit holder's office or to any other relevant person.
- Retention Period: The person in charge of the permit holder's office or the permit holder must keep the found items for seventy-two hours. If no claim is made within this period, the items should be deposited at the nearest police station as unclaimed property.
- Claiming Found Items: If an owner claims an item within the seventy-two-hour period, the item may be returned to them after verifying the claim.
- Exceptions for State Transport Undertakings: State Transport Undertakings may follow their own rules or procedures for dealing with lost property.
Q: What are the regulations regarding the painting, marking, and display of advertising material on transport vehicles?
- Maintenance: Every public service vehicle must be maintained in a clean and sound condition, with the engine mechanism and all working parts in reliable working order.
- Advertising Restrictions: No advertising device, figure, or writing is allowed on public service vehicles unless specifically permitted by the State Transport Authority through a general or specific order.
- Government Mail Vehicles: Vehicles regularly used for carrying Government mail under a contract with the Indian Posts and Telegraphs Department may display the word “Mail” in red on a white background. Each letter must be at least 15 centimeters in height and 2 centimeters in thickness. No other vehicle shall display any sign or inscription including the word “Mail.”
- Route Board Requirements: Public service vehicles, other than “contract carriages,” must display a route board above the driver’s seat, showing the starting place, destination, and registration number, to be readable by anyone approaching the vehicle.
- Illumination: Public service vehicles used for local service must be illuminated by a white light from half an hour before sunset to half an hour after sunrise.
Q: What are the rules for conveying corpses or persons with contagious diseases in stage or contract carriages?
- Prohibition: Drivers and conductors of public service vehicles must not allow any person known or suspected to be suffering from an infectious or contagious disease, or the corpse of such a person, to be carried in the vehicle.
- Exceptions: On a written application from a registered medical practitioner, a person with an infectious or contagious disease or a corpse may be carried, provided no other passengers are in the vehicle at the same time.
- Reporting and Disinfection: If such a person or corpse is carried, the driver and conductor must report this to the authorized medical officer and the vehicle owner. The vehicle must be disinfected as specified by the medical officer before it can be used again.
Q: What are the disinfection requirements for passenger buses?
- Regular Disinfection: All passenger buses must be disinfected every two months. The owner must provide a certificate of this to the State Transport Authority.
Q: What are the regulations for taxi meters on motor cabs and auto rickshaws?
- Fitting and Certification: Every taxi or auto rickshaw must be fitted with a fare meter approved and sealed by the relevant authorities. The meter must be tested and certified before use.
- Maintenance and Inspection: The meter must be maintained in proper working order and inspected regularly. It should not be used if defective, and any defects must be reported immediately.
- Meter Operation: The fare meter must not be operated until the vehicle is hired, and it must be stopped when the fare is paid. The meter should always display whether it is "For Hire," "Hired," or "Stopped."
- Indication Requirements: The meter must clearly indicate fares and status using mechanical or electronic displays. Electronic meters must have specific features such as illuminated windows and synchronized roof lights.
Q: What are the rules for halting motor vehicles in public places?
- Stage Carriages: Stage carriages cannot halt in urban areas for more than five minutes consecutively, except at designated stands.
- Bus Stops: The District Magistrate may designate specific bus stops. Stage carriages should only stop briefly to pick up or drop off passengers at these stops.
- Stand Requirements: Stage carriages must start and end their runs at stands unless exempted. Exempted vehicles must comply with specific conditions and may be restricted on passenger pick-up and drop-off points.
- Contract Carriages: Contract carriages are subject to different halting rules, often limited to designated parking areas or stands.
- Driver Responsibilities: Drivers, conductors, and permit holders are responsible for complying with halting rules. Vehicles halted due to mechanical issues are not penalized if proper measures are taken.
Q: How are stands for motor vehicles controlled and regulated?
- Notification and Fees: The District Magistrate can designate stands and set fees. Vehicles are only admitted to stands if permitted by the relevant authority.
- Inspection: Stands are subject to inspection by authorized officials.
- Sound Prohibition: Using loud devices to attract passengers at stands is prohibited. Violators may be penalized.
- Revocation and Renewal: The District Magistrate can revoke or renew orders for stands based on compliance and public interest.
- Cab-Rank Regulation: Cabs must be arranged in order, and drivers must be ready to accept immediate hires. Special conditions apply to disabled cabs and future hires.
Q: What are the requirements for the carriage of animals in goods vehicles?
- Construction and Space: Goods vehicles carrying cattle must have strong construction and secure space. Animals must be properly secured and provided with adequate space.
- Quantity Limits: Specific limits are set on the number of animals based on the vehicle’s wheelbase and type.
- Circus or Zoo Animals: Special provisions apply for animals intended for circuses, menageries, or zoos, including secure cages for wild animals.
- Distance and Speed: Animals should not be transported for more than 320 kilometers at a stretch and the vehicle must not exceed 24 kilometers per hour when carrying animals.
Q: What are the requirements for the licensing of traveling agents?
- Licensing Authority:
The licensing authority for issuing tour operator, excursion agent, or traveling agent licenses shall be any officer empowered by the Secretary (Transport). The license is valid for one year initially and is renewable annually.
- Application and Fee:
Applications for the grant and renewal of licenses must be made to the Tourism Department of the State Government, accompanied by a license fee of two thousand rupees.
- Security Deposit:
Each traveling agent must provide a security deposit of ten thousand rupees in the form of a bank draft in favor of the Tourism Department, Government of National Capital Territory of Delhi.
- Forfeiture of Security:
The licensing authority may forfeit the security deposit either in full or in part if any conditions of the license are contravened, after giving the agent an opportunity to be heard and recording reasons in writing.
- Refund of Security:
The security deposit will be refunded at the end of the license period or earlier if the business is voluntarily closed before the license expires, provided it is not forfeited.
- Duplicate License:
If the original license is lost or destroyed, a duplicate can be issued after proper verification, stamped in red ink as “Duplicate.” The fee for a duplicate license is five hundred rupees. The original license must be surrendered if found later.
- Display of License:
- The license must be carried by the agent while on duty and produced on demand by an authorized officer.
- If the agent operates a firm, the license must be displayed prominently in the office for inspection by authorized officers.
- Refusal of License: The licensing authority may refuse to issue a license based on grounds such as lack of qualifications, criminal conviction, insolvency, or removal from the Register of licensees. No refusal shall occur without giving the applicant an opportunity to be heard.
- Removal from Register: The licensing authority may remove an agent’s name from the Register and cancel the license on grounds including ceasing to act as an agent, criminal conviction, insolvency, malpractice, or black-listing. Removal results in the immediate cessation of agency status.
- Black-listing:
- The licensing authority may black-list an agent based on proof of malpractice or other offenses, with reasons recorded and notification to relevant organizations.
- Black-listing does not preclude prosecution under other laws. Removal from the blacklist is possible if justified, with a new license issued upon payment of the prescribed fee.
- Notice and Hearing:
Before removal from the Register or black-listing, the agent must be given notice and a reasonable opportunity to show cause against the action.
- Fixation of Rates:
The licensing authority may fix reasonable maximum rates for services, which must be displayed with the license and carried by the agent on duty.
- Prohibition of Extra Charges:
Agents must not demand tips, gratuities, presents, or commissions beyond what is permissible under the rules.
- Conditions for License:
- The purpose of the license is to promote tourism.
- Licensees must not deal with vehicles not covered by a permit.
- Licensees must behave civilly with passengers and maintain a fully furnished office with adequate staff.
- Records of tourists, fares, journeys, and contracts must be maintained and reported as required.
- No individual can hold more than one license.
- The licensing authority may modify or add conditions to the license as needed.
- Licenses cannot be transferred or lent to another person.
- Office must be managed by a full-time staff member knowledgeable about travel information.
- Advertisements must include the license number, expiry date, and issuing authority.
- A complaint book must be maintained and produced at renewal time. Serious complaints may lead to refusal of renewal.
- Appeal and Revision:
- Aggrieved licensees may appeal to the Appellate Authority within ninety days, with a fee of five hundred rupees.
- The appeal should be in writing, include a copy of the order, and be filed in duplicate. Appellants have the right to legal counsel.
- The Appellate Authority will provide a reasoned decision after a fair hearing and may adjust appeal fees as appropriate.
- Fees for Copies of Documents: The authority that issued the order will provide certified copies of orders or relevant documents upon payment of twenty-five rupees per page.
The licensing authority for issuing tour operator, excursion agent, or traveling agent licenses shall be any officer empowered by the Secretary (Transport). The license is valid for one year initially and is renewable annually.
Applications for the grant and renewal of licenses must be made to the Tourism Department of the State Government, accompanied by a license fee of two thousand rupees.
Each traveling agent must provide a security deposit of ten thousand rupees in the form of a bank draft in favor of the Tourism Department, Government of National Capital Territory of Delhi.
The licensing authority may forfeit the security deposit either in full or in part if any conditions of the license are contravened, after giving the agent an opportunity to be heard and recording reasons in writing.
The security deposit will be refunded at the end of the license period or earlier if the business is voluntarily closed before the license expires, provided it is not forfeited.
If the original license is lost or destroyed, a duplicate can be issued after proper verification, stamped in red ink as “Duplicate.” The fee for a duplicate license is five hundred rupees. The original license must be surrendered if found later.
- The license must be carried by the agent while on duty and produced on demand by an authorized officer.
- If the agent operates a firm, the license must be displayed prominently in the office for inspection by authorized officers.
- The licensing authority may black-list an agent based on proof of malpractice or other offenses, with reasons recorded and notification to relevant organizations.
- Black-listing does not preclude prosecution under other laws. Removal from the blacklist is possible if justified, with a new license issued upon payment of the prescribed fee.
Before removal from the Register or black-listing, the agent must be given notice and a reasonable opportunity to show cause against the action.
The licensing authority may fix reasonable maximum rates for services, which must be displayed with the license and carried by the agent on duty.
Agents must not demand tips, gratuities, presents, or commissions beyond what is permissible under the rules.
- The purpose of the license is to promote tourism.
- Licensees must not deal with vehicles not covered by a permit.
- Licensees must behave civilly with passengers and maintain a fully furnished office with adequate staff.
- Records of tourists, fares, journeys, and contracts must be maintained and reported as required.
- No individual can hold more than one license.
- The licensing authority may modify or add conditions to the license as needed.
- Licenses cannot be transferred or lent to another person.
- Office must be managed by a full-time staff member knowledgeable about travel information.
- Advertisements must include the license number, expiry date, and issuing authority.
- A complaint book must be maintained and produced at renewal time. Serious complaints may lead to refusal of renewal.
- Aggrieved licensees may appeal to the Appellate Authority within ninety days, with a fee of five hundred rupees.
- The appeal should be in writing, include a copy of the order, and be filed in duplicate. Appellants have the right to legal counsel.
- The Appellate Authority will provide a reasoned decision after a fair hearing and may adjust appeal fees as appropriate.
Q: What are the licensing requirements and conditions for public carrier goods agents?
The licensing requirements and conditions for public carrier goods agents are as follows:
-
- Agent: Any person who engages directly or indirectly in the business of collecting, forwarding, or distributing goods carried by any public carrier.
- Agent’s Licence: A licence granted under this rule.
- Collecting Agent: A person licensed to collect goods carried by any public carrier.
- Collecting and Forwarding Agent: A person licensed to collect, forward, and distribute goods carried by any public carrier.
- Forwarding Agent: A person licensed to forward and distribute goods carried by any public carrier.
- Licensing Authority: Any officer empowered by the Commissioner for this purpose.
- Head Office: A place within the State declared as Head Office by the agent for running their business of collecting, forwarding, or distributing goods carried by any public carrier.
- Branch Office: Any place other than Head Office used simultaneously by the agent for business purposes related to the collection, forwarding, or distribution of goods carried by any public carrier.
- Application:
- Any person desiring to obtain or renew a licence must apply to the licensing authority.
- The application must be accompanied by a licence fee of ₹4,000 for the Head Office and ₹1,000 for each branch office.
- The licensing authority will grant, renew, or refuse the licence based on several factors, including:
- 1. The number of goods vehicles owned or controlled by the applicant.
- 2. The suitability of accommodation for storing goods.
- 3. The facilities provided for parking goods vehicles.
- 4. The applicant’s financial resources, experience, and ability to manage the business efficiently.
- Security for Compliance:
- 1. To ensure compliance, the licensing authority may require a security deposit of ₹1,00,000 for the Head Office and ₹20,000 for each branch office.
- 2. Security must be provided in the form of a bank draft in favor of the Commissioner (Transport).
- Forfeiture of Security:
- 1. The licensing authority may forfeit the security deposit if the conditions of the licence are contravened.
- 2. Before forfeiture, the licensee will be given an opportunity to be heard, and reasons for forfeiture will be recorded in writing.
- Refund of Security:
- The security deposit, if not forfeited, will be refunded at the expiry of the licence or upon voluntary closure of the business before the expiry of the licence.
- Agent’s Licence Specifics:
- 1. The licence will specify whether the holder is licensed as a forwarding agent, collecting agent, or both.
- 2. The licence is non-transferable.
- 3. No agent’s licence authorizes operation unless the agent has adequate facilities to load and unload goods at approved premises.
- Validity and Renewal:
- 1. An agent’s licence is valid for one year and can be revoked or suspended at the licensing authority’s discretion after giving the licensee an opportunity to be heard.
- 2. Renewal applications must be made at least sixty days before the licence expires.
- 3. Renewal is done by endorsement on the original licence, with a renewal fee of ₹2,000 for the Head Office and ₹500 for each branch office.
- Conditions for Agent’s Licence:
- 1. The licensee must provide places for loading and unloading goods and ensure proper storage and delivery.
- 2. For forwarding and distributing goods, the licensee must:
- 1. Ensure proper delivery and indemnify for any loss or damage due to negligence.
- 2. Issue goods transport receipts only after receiving the goods and ensure delivery only with a receipt or indemnity bond.
- 3. Insure goods against loss or damage while in control or possession.
- 4. Maintain proper records of vehicles and transactions, open to inspection by the Commissioner, and submit annual returns.
- 5. Not charge commissions exceeding prescribed limits and provide correct freight figures.
- 6. Maintain accounts of commissions charged and ensure valid permits for vehicles.
- 7. Maintain a weighing device capable of weighing at least 226 kilograms.
- 8. Attend to customers in the order they approach, giving priority to fresh produce.
- 9. Maintain a register for available traffic and waiting operators.
- 10. Comply with the rules and any additional conditions specified by the licensing authority.
- 11. Keep a complaint book available for inspection and display a notice board and rate list.
- Contract of Agency:
All contracts must be in writing and include particulars such as consignor and consignee details, description of goods, destination, freight rates, delivery instructions, payment terms, and vehicle details.
- Rate of Commission:
The Commissioner may prescribe maximum commission rates by notification in the Official Gazette.
- Premises Approval:
- The Commissioner, in consultation with local authorities, approves premises for loading, unloading, parking, and storage based on suitability and conditions.
- Approved premises must be orderly, clean, and in good repair, with all breaches of rules reported to the nearest police station.
- Reasons will be recorded for any refusal of premises approval.
- Suspension/Cancellation of Licences:
- The licensing authority may suspend or cancel the licence for contraventions, with reasons recorded and an opportunity for the licensee to be heard.
- On cancellation, the fee paid and security deposited will be forfeited, and the owner or partner cannot apply for a fresh licence for three years.
- Issue of Duplicate Licence:
- If an agent’s licence is lost or defaced, a duplicate can be issued upon payment of a fee of ₹200 and submission of an affidavit. The original must be surrendered if found.
- Display of Agent’s Licence:
- A collecting agent must carry and produce their licence on demand. A forwarding agent must display their licence prominently at the approved premises.
- A collecting and forwarding agent must carry their licence and display a true copy at the approved premises.
- Position on Suspension/Cancellation:
- The licence will be suspended or cancelled after giving the licensee a chance to be heard. Goods already booked must be forwarded and distributed. The owner or partner cannot apply for a new licence for three years, and fees and deposits will be forfeited.
- Appeals:
- Aggrieved persons can appeal to the Secretary (Transport) within thirty days of receiving an order. The appeal must be filed in duplicate with a fee of ₹500 and a certified copy of the order.
- Fees for Document Copies:
- Fees for certified copies of documents are ₹25 per page per copy.
- Agent: Any person who engages directly or indirectly in the business of collecting, forwarding, or distributing goods carried by any public carrier.
- Agent’s Licence: A licence granted under this rule.
- Collecting Agent: A person licensed to collect goods carried by any public carrier.
- Collecting and Forwarding Agent: A person licensed to collect, forward, and distribute goods carried by any public carrier.
- Forwarding Agent: A person licensed to forward and distribute goods carried by any public carrier.
- Licensing Authority: Any officer empowered by the Commissioner for this purpose.
- Head Office: A place within the State declared as Head Office by the agent for running their business of collecting, forwarding, or distributing goods carried by any public carrier.
- Branch Office: Any place other than Head Office used simultaneously by the agent for business purposes related to the collection, forwarding, or distribution of goods carried by any public carrier.
- Any person desiring to obtain or renew a licence must apply to the licensing authority.
- The application must be accompanied by a licence fee of ₹4,000 for the Head Office and ₹1,000 for each branch office.
- The licensing authority will grant, renew, or refuse the licence based on several factors, including:
- 1. The number of goods vehicles owned or controlled by the applicant.
- 2. The suitability of accommodation for storing goods.
- 3. The facilities provided for parking goods vehicles.
- 4. The applicant’s financial resources, experience, and ability to manage the business efficiently.
- 1. To ensure compliance, the licensing authority may require a security deposit of ₹1,00,000 for the Head Office and ₹20,000 for each branch office.
- 2. Security must be provided in the form of a bank draft in favor of the Commissioner (Transport).
- 1. The licensing authority may forfeit the security deposit if the conditions of the licence are contravened.
- 2. Before forfeiture, the licensee will be given an opportunity to be heard, and reasons for forfeiture will be recorded in writing.
- The security deposit, if not forfeited, will be refunded at the expiry of the licence or upon voluntary closure of the business before the expiry of the licence.
- 1. The licence will specify whether the holder is licensed as a forwarding agent, collecting agent, or both.
- 2. The licence is non-transferable.
- 3. No agent’s licence authorizes operation unless the agent has adequate facilities to load and unload goods at approved premises.
- 1. An agent’s licence is valid for one year and can be revoked or suspended at the licensing authority’s discretion after giving the licensee an opportunity to be heard.
- 2. Renewal applications must be made at least sixty days before the licence expires.
- 3. Renewal is done by endorsement on the original licence, with a renewal fee of ₹2,000 for the Head Office and ₹500 for each branch office.
- 1. The licensee must provide places for loading and unloading goods and ensure proper storage and delivery.
- 2. For forwarding and distributing goods, the licensee must:
- 1. Ensure proper delivery and indemnify for any loss or damage due to negligence.
- 2. Issue goods transport receipts only after receiving the goods and ensure delivery only with a receipt or indemnity bond.
- 3. Insure goods against loss or damage while in control or possession.
- 4. Maintain proper records of vehicles and transactions, open to inspection by the Commissioner, and submit annual returns.
- 5. Not charge commissions exceeding prescribed limits and provide correct freight figures.
- 6. Maintain accounts of commissions charged and ensure valid permits for vehicles.
- 7. Maintain a weighing device capable of weighing at least 226 kilograms.
- 8. Attend to customers in the order they approach, giving priority to fresh produce.
- 9. Maintain a register for available traffic and waiting operators.
- 10. Comply with the rules and any additional conditions specified by the licensing authority.
- 11. Keep a complaint book available for inspection and display a notice board and rate list.
All contracts must be in writing and include particulars such as consignor and consignee details, description of goods, destination, freight rates, delivery instructions, payment terms, and vehicle details.
The Commissioner may prescribe maximum commission rates by notification in the Official Gazette.
- The Commissioner, in consultation with local authorities, approves premises for loading, unloading, parking, and storage based on suitability and conditions.
- Approved premises must be orderly, clean, and in good repair, with all breaches of rules reported to the nearest police station.
- Reasons will be recorded for any refusal of premises approval.
- The licensing authority may suspend or cancel the licence for contraventions, with reasons recorded and an opportunity for the licensee to be heard.
- On cancellation, the fee paid and security deposited will be forfeited, and the owner or partner cannot apply for a fresh licence for three years.
- If an agent’s licence is lost or defaced, a duplicate can be issued upon payment of a fee of ₹200 and submission of an affidavit. The original must be surrendered if found.
- A collecting agent must carry and produce their licence on demand. A forwarding agent must display their licence prominently at the approved premises.
- A collecting and forwarding agent must carry their licence and display a true copy at the approved premises.
- The licence will be suspended or cancelled after giving the licensee a chance to be heard. Goods already booked must be forwarded and distributed. The owner or partner cannot apply for a new licence for three years, and fees and deposits will be forfeited.
- Aggrieved persons can appeal to the Secretary (Transport) within thirty days of receiving an order. The appeal must be filed in duplicate with a fee of ₹500 and a certified copy of the order.
- Fees for certified copies of documents are ₹25 per page per copy.
Q: How are transport vehicles inspected by the authorities?
- Inspection by Police Officers: Any police officer in uniform not below the rank of Sub Inspector can, at any time when the vehicle is in a public place, require the driver of a goods vehicle to stop and keep it stationary for the time necessary to conduct a reasonable examination of the vehicle's contents.
- Restrictions on Inspection: A police officer is not entitled to inspect the contents of a goods vehicle unless:
- (i) The vehicle's permit specifies conditions regarding the goods that may or may not be carried; or
- (ii) The officer suspects the vehicle is being used in violation of the Act or its rules.
- Public Service Vehicles: Any police officer in uniform not below the rank of Head Constable can, at any time when the vehicle is in a public place, require the driver of a public service vehicle to stop and keep it stationary for an examination of the number of passengers and other contents to ensure compliance with the Act and permit conditions.
- Transport Department Officials: Officers of the Transport Department empowered by the Commissioner can inspect any vehicle in a public place at any reasonable time.
- (i) The vehicle's permit specifies conditions regarding the goods that may or may not be carried; or
- (ii) The officer suspects the vehicle is being used in violation of the Act or its rules.
Q: What are the regulations for carrying persons in a goods vehicle?
- General Restrictions: Except for vehicles used for carrying troops or police or stage carriages, no more than six persons in addition to the driver can be carried in a goods vehicle. This is subject to seating accommodation with a minimum of thirty-eight centimeters per person, measured along the seat.
- Safety and Height Restrictions: No person should be carried in a manner that endangers their safety, and no person should be carried in such a way that any part of their body is more than 3.8 meters above the surface on which the vehicle rests.
- Exceptions and Conditions: The Commissioner may permit a larger number of passengers for specific conditions, including transporting dead bodies, provided the number does not exceed the area in square decimeters of the vehicle divided by sixty-five. Similarly, the State Government may allow more passengers for government, railway, or local body-owned goods vehicles under similar conditions.
- Permit Requirement: Carriage of persons for hire or reward is not authorized unless a permit specifically allows such use of the vehicle.
Q: What are the record-keeping and reporting requirements for owners of transport vehicles?
- Log Book Maintenance: The driver of every contract carriage (other than a motor cab) and every goods vehicle with a public carrier’s permit must maintain a log book with details of every hiring.
- Details to be Recorded:
- Contract Carriage:
- (i) Name of the hirer and identifying particulars;
- (ii) Number of persons in the party;
- (iii) Starting and ending points of the trip and the route;
- (iv) Date and time when the hiring starts and ends;
- (v) Nature and weight of any goods carried.
- Goods Vehicle:
- (i) Names of the persons for whom goods are being carried;
- (ii) Nature and weight of the goods;
- (iii) Starting and ending points of the trip and the route;
- (iv) Date and time when the trip starts and ends.
- Pre-Journey Recording: Details must be entered in the log book before passengers or goods are taken into the vehicle and before the journey begins.
- Production of Log Books: Log books must be produced on demand by any police officer not below the rank of Head Constable or any empowered official from the Commissioner.
- Additional Records and Returns: The State Transport Authority may require records and returns, including details on vehicle use, driver and conductor information, route, kilometers traveled, and goods carried.
- Driver’s Record: Owners must maintain a record of the driver’s name, address, and driving license details.
- Contract Carriage:
- (i) Name of the hirer and identifying particulars;
- (ii) Number of persons in the party;
- (iii) Starting and ending points of the trip and the route;
- (iv) Date and time when the hiring starts and ends;
- (v) Nature and weight of any goods carried.
- Goods Vehicle:
- (i) Names of the persons for whom goods are being carried;
- (ii) Nature and weight of the goods;
- (iii) Starting and ending points of the trip and the route;
- (iv) Date and time when the trip starts and ends.
Q: What are the conduct rules for passengers in stage carriages and contract carriages?
- General Conduct: Passengers must behave orderly, avoid annoying others, not use abusive language, not molest others, and follow vehicle rules regarding smoking, spitting, and damaging the vehicle.
- Fare and Ticket Rules: Passengers must pay the fare, show tickets on demand, not use altered or non-transferable tickets, and surrender tickets after the journey.
- Health and Behavior: Passengers should not have contagious diseases or be under the influence of alcohol.
- Cab Rules: In cabs, passengers must pay the legal fare and leave the vehicle after paying the fare for the journey.
- Enforcement: Passengers suspected of violating rules must provide their name and address and may be required to alight from the vehicle. If not compliant, they may be forcibly removed or the vehicle may be taken to the nearest police station.
- Disputes: In case of disputes between a cab driver and passenger, either party may request a visit to the nearest police station for resolution.
Q: What are the requirements for maintaining a complaint book for stage carriages?
- Complaint Book Maintenance: The conductor of every stage carriage must keep a complaint book that is clean and tidy. Passengers may make entries in the complaint book without hesitation.
- Action on Complaints: The vehicle owner must endorse the complaint book with the action taken within a week and inform the complainant and the Commissioner in writing.
Q: Can exemptions be granted from the provisions of these rules?
The Commissioner may, by written order, exempt any vehicle, class of vehicle, or person from the provisions of these rules.
You can also learn about :
Special Provisions Relating to State Transport Undertakings
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