CONTROL OF TRANSPORT VEHICLE IN HARYANA
Conditions for Issuing Directions by the Haryana Transport Authority [Section 68(4) and 96(2)(xxxiii)]
According to Section 68(4) and 96(2)(xxxiii)While issuing directions under sub-section (4) of Section 68, the State Transport Authority shall ensure the following:
- There is no undesirable and un-economic competition amongst the holders of the permits.
- In the case of stage carriage, every village having a metalled road is linked to the specified route of the permit.
Forms of Application [Section 96(2)(iv)]
Application for the grant of permits of vehicles under Section 70, Section 73, Section 77, or Section 87 shall be made by the owner under his signature in the following forms mentioned against each, namely:
| Serial number | Description of Vehicle | Form |
|---|---|---|
| 1 | Stage Carriage | HR No.22 |
| 2 | Contract Carriage | HR No.23 |
| 3 | Private Service Vehicles | HR No.24 |
| 4 | Goods Carriage Permit- (a) For or in connection with trade or business (b) for hire or reward |
HR No.25 HR No.26 |
| 5 | Temporary permit | HR No.27 |
| 6 | Special permit under Section 88(8) | HR No.28 |
Particulars of Application [Section 96(2)(iv)]
In Haryana application for the grant of a vehicle made under Section 70, Section 73, Sections 76, 77, and Section 87 shall be accompanied by the following documents:
- 1. Cash receipt or treasury challan regarding payment of application fee.
- 2. Certificate of Schedule Caste (in case the application is made for a permit against the reserved percentage).
- 3. Affidavit to the effect that the applicant has held at any time any temporary or regular permit, detailing the permits previously held, the number of vehicles in the fleet, and arrangements for their housing and repair, either individually or as a member of a Transport Society, Transport Company, or Transport Firm.
- 4. Particulars of partners or members of the transport society, transport company, or transport firm along with a certificate from the Registrar, Co-operative Societies, Haryana; the Registrar of Firms, Haryana; or the Registrar of Companies, as applicable.
- 5. Clearance certificate regarding payment of taxes and a no objection certificate from the financier for each vehicle.
- 5. Discharge certificate in case of being an ex-serviceman.
Forms of Permits [Section 96(2)(iv) and 88]
A permit under Sections 72, 74, 76, 79, 80, and Section 87 shall be in the following forms:
| Serial number | Description of Vehicle | Form |
|---|---|---|
| 1 | Stage Carriage | HR No.30 |
| 2 | Contract Carriage | HR No.31 |
| 3 | Private Service Vehicles | HR No.29 |
| 4 | Goods Carriage Permit- (a) For or in connection with trade or business (b) for hire or reward |
HR No.32 HR No.33 |
| 5 | Temporary permit | HR No.35 |
| 6 | Special permit under Section 88(8) | HR No.28 |
| 7 | National Permit | HR No.34 |
Forms of Permits in Haryana[Section 96(2)(iv) and 88]
(2) Save in the case of a temporary permit, every permit shall be in two parts 'A' and 'B'. One copy of part 'A' shall be issued together with a number of copies of Part 'B' equal to the number of vehicles which the holders of the permits are permitted to have in use on the road at any one time. Each such copy shall carry in addition to the number of permit a separate serial number contained in brackets after the number of the permits issued and 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 a frame or other suitable container for gaining access to the vehicle and shall maintain it in a clean and legible condition.
Extension of Validity of Permits [Section 88(1) and 96(2)(xi)]
(1) With the consent of the other Regional Transport Authority, a Regional Transport Authority which issues a permit to any other region than a permit in Form HR No. 16 may extend the effect of the permit to any other region or part of a region within the State and may attach conditions to the permit with respect to such other region and may vary the conditions of the permit in different regions, provided always that in the case of stage carriages the vehicles to which the permit refers are normally kept within the region of the Regional Transport Authority and subject to the other provisions of the rules.
(2) An authority outside the State may, with the concurrence of the State Transport Authority and subject to any condition which may be mutually agreed upon by the two State Transport Authorities concerned, extend the effect of any permit to the whole of the State or to any route or area therein.
(3) A permit granted by the State Transport Authority or a Regional Transport Authority of any of the signatory states of the agreement referred to in sub-section (4) of Section 88 in terms of such agreement shall be valid without countersignature, in the State of all National and State Highways specified in that agreement.
(4) That State Transport Authority or a Regional Transport Authority which issues a permit under sub-rule (1) or sub-rule (2) as the case may be, shall send a copy of the permit to its counterpart of the other State or region in which the permit has to take effect.
Delegation of Powers [Section 68(5)]
The Regional Transport Authority may delegate its powers and functions under sub-section (5) of Section 68 of the Act to the Sub-Divisional Officer (Civil) in the case of maxicab and motor cab for the purpose of grant of contract carriage permit under its jurisdiction.
Application Fee for Grant or Renewal of Permit in Haryana[Section 96(2)(vii) and (viii)]
(1) Every application for the grant or renewal of a permit under the Act shall be accompanied by the fee as mentioned below in cash:
| Rs | ||
|---|---|---|
| 1 | For grant of a goods carriage permit | 100 |
| 2 | For grant of a contract carriage permit-- (i) Taxies, Tempos, Auto-rickshaw (ii) Private service vehicle |
20 50 |
Fees for Permits and for Countersignatures [Section 96(2)(vii)]
The following fees shall be payable for the issue and renewal of permits and for the countersignature of permits under the Act, namely:
| Description of Motor Vehicles | Fee payable in respect of the regional area in which the vehicle is first given a permit and/or for counter-signatures on a permit issued outside the State. | Fee for a counter-signature allowing a vehicle already issued with a permit for one region in the State to operate in other regions. | |
|---|---|---|---|
| 1 | 2 | 3 | |
| Rs | Rs | ||
| 1 | In the case of a heavy transport vehicle- (a)for the first year of validity (b)for each subsequent year |
200 200 |
200 200 |
| 2 | In the case of a vehicle not being a heavy transport vehicle- (a)for the first year of validity (b)for each subsequent year |
100 100 |
100 100 |
Fees for temporary permits in Haryana.[Section96(2)(vii)].--
(1)For a temporary permit authorizing the use of a transport vehicle outside the region or the region’s northern route or routes to which it is ordinarily restricted, a fee shall be payable at the following rates:
A) If there is in force in respect of the vehicle a regular permit issued by a Regional Transport Authority in the State—
| a | For a temporary permit, for the conveyance of a marriage party, valid for: (i) Not more than two days (ii) More than two days but not more than one week (iii) For every additional week |
Rs. 50 100 75 |
| b | For a temporary permit, for any other purpose, valid for: (i) Not more than two days (ii) More than two days but not more than one week (iii) For every additional week |
Rs. 50 100 75 |
B. If there is not in force in respect of the vehicle a regular permit issued by a Regional Transport Authority in the State—
| a | For a temporary permit, for the conveyance of a marriage party, valid for: (i) Not more than two days (ii) More than two days, for each additional day |
Rs. 200 100 |
| b | For a temporary permit, for any other purpose, valid for: (i) Not more than two days (ii) More than two days but not more than one week (iii) Each week in excess of one week |
Rs. 50 100 75 |
Conditions that May Be Attached to a Stage Carriage Permit or Contract Carriage Permit [Section 72(2)(xxiv), 74(2)(xxiv), and 96(xxxiii)]
A Regional Transport Authority may attach the following conditions to a stage carriage permit or a contract carriage permit, in addition to those specified in sub-section (2) of Section 72, Section 75, Section 84, or sub-section (11) of Section 88, as applicable:
- 1. A conductor shall be carried at the back of the vehicle.
- 2. The holder of a stage carriage permit shall provide specified uniforms to the driver and the conductor.
- 3. The holder of a stage carriage permit shall exercise supervision over the work and conduct of the employees to ensure that the vehicle is operated in conformity with the provisions of the Act and the rules.
- 4. In the case of a contract carriage permit, no passenger or goods shall be taken up or set down en route.
- 5. In case of any alteration in the vehicle in pursuance of the provisions of Section 52, the holder of a stage carriage permit or a contract carriage permit, as the case may be, shall notify the Regional Transport Authority that issued the permit. If the alteration does not conform to the conditions of the permit, the Regional Transport Authority may:
- 1. Vary the permit accordingly.
- 2. Require the permit holder to provide a substitute vehicle within a specified period. If the holder fails to comply, the authority may cancel or suspend the permit. The authority making such changes shall inform the authorities in other regions where the permit is valid.
Conditions that May Be Attached to a Goods Carriage Permit in Haryana[Section 79(2)(ix) and 96(2)(xxxiii)]
A Regional Transport Authority may attach the following conditions to any goods carriage permit, in addition to those specified in sub-section (2) of Section 79 and Section 84:
- 1. No passenger or goods shall be taken up or set down en route.
- 2. A condition restricting the type and ownership of goods which may be carried.
- 3. No trailer shall be attached to the vehicle.
Cancellation or Revocation of Permit [Section 96(2)(ix)]
When a permit has been granted by a Regional Transport Authority for a particular vehicle or service and it appears that:
- A permit has been granted by another Regional Transport Authority in respect of the same vehicle, or
- A permit has been granted for a service requiring more vehicles than the holder possessed at the time of application,
the former Regional Transport Authority may, in consultation with the later Regional Transport Authority, cancel or modify the permit as it deems fit.
Temporary Authorization in Lieu of Permit [Section 95(1)]
1. When the holder of a permit has submitted Part A or Part B or both of the permit to the State Transport Authority or a Regional Transport Authority for renewal, countersignatures, or other purposes, or when a police officer or other authorized person has taken possession of the permit, the following provisions apply:
- The authority or person shall provide a receipt and a temporary authorization in Form HR No.37 to ply the vehicle for the specified period.
- The temporary authorization will be considered valid until the permit is returned, with an extension possible until the permit's validity period if needed.
2. Until the permit is returned, the vehicle must not be used beyond the period specified in the temporary authorization or its extended period.
3. No fee shall be payable for the temporary authorization.
Permission Authorizing the Replacement of Vehicle [Section 83]
1. If the holder of a permit wishes to replace the vehicle with another, they must:
- Forward Part A of the permit and apply in writing to the State or Regional Transport Authority, stating the reasons for replacement.
- If the new vehicle is in possession, provide the certificate of registration. If not, provide details of how the new vehicle differs from the old.
2. The State or Regional Transport Authority may reject the application if:
- It has previously given notice of reducing the number of transport vehicles for that class or route.
- The new vehicle differs materially from the old vehicle.
- The holder has contravened permit provisions or lost possession of the old vehicle under a hire purchase agreement.
3. If the application is granted, the authority will:
- 1. Request Part B of the permit and the certificate of registration of the new vehicle (if not previously delivered).
- 2. Correct Parts A and B of the permit and return them under its seal and signatures.
4. A fee of twenty-five rupees shall be charged for vehicle replacement under this rule.
Permits for the Replacement of Vehicle Forming Part of a Service [Section 83]
1. If a permit relates to multiple stage carriages or contract carriages and the owner wishes to replace any vehicle with one of a different model or capacity, they must:
- Forward Part A of the permit with a written application to the State or Regional Transport Authority, including reasons for replacement and relevant vehicle details.
2. The State or Regional Transport Authority may reject the application if:
- It has previously given notice of reducing the number of vehicles for that class or route.
- The new vehicle differs materially from the old.
- The holder has contravened permit provisions or lost possession of the old vehicle under a hire purchase agreement.
3. If the application is granted, the authority will:
- Request Part B of the permit and correct Parts A and B accordingly under its seal and signatures.
4. A fee of twenty-five rupees shall be charged for vehicle replacement under this rule.
Treatment of Countersignatures on Permit of Replaced Vehicle [Section 83]
1. The authority granting permission for the replacement of a vehicle under Rules 70 and 71 shall, unless otherwise directed by the countersigning authority through a general or special order,:
- Endorse the correction made to Parts A and B of the permit with the words "Valid also for--", inserting the name of the concerned authority.
- Intimate the particulars of the replacement to the concerned authority.
2. Countersignatures on a permit shall not be valid for any new vehicle unless the permit has been endorsed as specified in sub-rule (1) or unless the alteration has been approved by endorsement from the countersigning authority.
Surrender of Permits [Section 86 and 95(1)(ix)]
1. The holder of a permit may surrender Parts A and B of the permit to the State or Regional Transport Authority that granted it. The authority shall forthwith cancel any surrendered permit.
2. When a permit is suspended or canceled:
- The holder must surrender Parts A and B within seven days of receiving a written demand from the authority.
- The authority shall notify any other authority by which the permit was countersigned and to any authority to whose area the permit’s validity was extended under Rule 59.
3. A holder must deliver Parts A and B to the State or Regional Transport Authority within fourteen days of the permit’s expiry. The authority receiving the permit will inform the countersigning authorities and any extended-area authorities.
Transfer of Permits [Section 82 and 96(2)(vii)]
1. To transfer a permit to another person:
- The current holder and the prospective transferee must jointly apply in writing to the State or Regional Transport Authority, accompanied by a receipt or treasury challan for the applicable fee.
- The application must detail the reasons for transfer, any premium, payment, or consideration involved, and its nature and amount.
2. The authority shall summon both parties to appear and may process the application as if it were for a new permit.
3. If the authority later finds the transfer application to be false or incomplete, it may declare the transfer void and the permit invalid, without prejudice to any other penalties.
4. Upon approving a transfer, the authority will:
- Request Parts A and B from the current holder within seven days and require the new holder to pay the specified fee.
- Cancel the previous holder's details and endorse the transferee's details on the permit, returning it to the new holder.
- Unless otherwise required by the countersigning authority, endorse Parts A and B with "valid for------", indicating any additional areas or routes.
- Ensure countersignatures are effective only if endorsed as specified or approved by the countersigning authority.
Regulation of Service of Contract Carriage [Section 95]
For a stage carriage used as a contract carriage or a contract carriage, the owner must ensure:
- The vehicle follows the shortest route to the destination specified by the hirer and does not remain at any public place except when engaged.
- The hiring contract is not revoked without the hirer's discharge.
- The vehicle is stationed at the stand in the order of arrival and leaves the stand in turn.
Issue of Duplicate Permits [Section 96(2)(v)]
1. If Part A or B of a permit is lost, destroyed, or defaced, the holder must:
- Inform the State or Regional Transport Authority immediately and apply for a duplicate permit or part thereof. For a lost Part B, Part A must also be submitted.
2. The authority will issue a duplicate permit or part thereof, endorsing any countersignatures from other authorities, if verifiable.
3. Duplicate permits or parts will be stamped "Duplicate" in red ink. Certified countersignatures on a duplicate will be valid as if they were made by the issuing authority.
4. For permits or parts that are dirty, torn, or defaced, the holder must surrender the permit or part to the issuing authority and apply for a duplicate.
5. Fees for duplicate permits:
- Fifty rupees for defaced permits.
- Five hundred rupees for lost or destroyed permits.
- No fee if the original permit was issued over five years ago.
6. Any found permit or part must be delivered to the nearest police station, the holder, or the issuing authority. If a duplicate permit is issued and the original is found, it must be returned to the issuing authority.
Production of Permit on Demand in Haryana[Section 96(2)(xxx)]
Part A of a permit must be produced on demand by:
- Any officer under the control of the Transport Commissioner, or
- Any police officer not below the rank of Sub-Inspector, provided they are in uniform.
Such officials may also board the transport vehicle to inspect Part B of the permit.
Appeals Against Orders of State or Regional Transport Authority [Section 96(2)(iii) and (xiii)]
1. To appeal against an order of the State or Regional Transport Authority:
- File an appeal within thirty days of receiving the order.
- The appeal must be in the form of a memorandum, in duplicate, with one copy bearing a court fee stamp of twenty rupees.
- Submit the appeal to the State Transport Appellate Tribunal along with a certified copy of the order being appealed against.
2. Upon receipt of the appeal:
- The appellate authority will appoint a time and place for the hearing, providing at least thirty days' notice to the parties involved.
3. An appeal does not stay the order being appealed against. The appellate authority will not make an ex-parte order for stay and will not decide the appeal until all parties, including the State or Regional Transport Authority, have been heard.
4. The appellant or respondent can:
- Obtain copies of documents related to the order appealed against at a fee of two rupees per page.
- Inspect the appellate authority's file upon payment of ten rupees for urgent inspection or five rupees for ordinary inspection.
5. Copies of the appellate authority's order can be obtained at a fee of two rupees per page.
Procedure in Hearing Appeals [Section 96(2)(iii) and (xiii)]
1. After receiving notice of the hearing time and place:
- The appellant must send a list of documents they intend to rely on, along with duplicate copies of these documents, within fourteen days of receiving the notice.
- On the appointed day and at subsequent hearings, the appellant or their authorized representative may appear in person or through an agent.
Interval of Rest [Section 91(5)]
1. Time spent by a driver on work other than driving, including being on the vehicle during a journey (except as a passenger in a public service vehicle), does not count as an interval of rest.
2. Time spent by a driver on or near the vehicle while it is at rest, where the driver is free to leave for rest and refreshment but must remain within sight of the vehicle, is considered an interval of rest.
Record of Working Hours [Section 91]
The employer must:
- Fix working hours to conform with the provisions of Section 91.
- Maintain a record of working hours in the specified table.
- Ensure this record is open to inspection by any officer under the control of the Transport Commissioner upon demand.
| Date | Working hours in a day | Hours of rest | Total number of working hours in a week |
|---|---|---|---|
| 1 | 2 | 3 | 4 |
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