Control of Transport Vehicle in Rajasthan

Q: What is the minimum frequency of meetings for the State Transport Authority, and who determines the meeting schedule?

The State Transport Authority is required to meet at least once a year. The Chairman of the State Transport Authority appoints the times and places for these meetings.

Q: What constitutes a quorum for a meeting of the State Transport Authority in Rajasthan?

A quorum for a meeting of the State Transport Authority consists of either two members or 50% of the total membership, including the Chairman, whichever is higher.

Q: What provisions are made if the Chairman of the State Transport Authority cannot attend a meeting?

If the Chairman is unable to attend a meeting, they shall nominate a member to act as the Chairman for that meeting. The Chairman or the acting Chairman nominated will have a second casting vote if required.

Q: How much notice is required for a meeting of the State Transport Authority, and under what circumstances can the notice period be reduced?

A notice of not less than 7 days is required for any meeting of the State Transport Authority. However, in case of an emergency, the Chairman can call a meeting on 24 hours' notice.

Q: What is the tenure for a nominated non-official member of the State Transport Authority?

A nominated non-official member of the State Transport Authority holds office for a period of three years and until a successor is nominated. The Government may reduce this period if necessary, and the successor will serve the remainder of the original term.

Q: What allowances are provided to a nominated non-official member of the State Transport Authority in Rajasthan?

A nominated non-official member is entitled to receive traveling and halting allowances at the scale and conditions admissible to 1st class officers. These allowances are also applicable for any journeys performed in connection with the Authority's business.

Q: What is the procedure for the Regional Transport Authority regarding meetings?

Each Regional Transport Authority shall meet at such times and places within the region as decided by the Chairman, unless directed otherwise by the State Transport Authority.

Q: What is the role of the Secretary in the State and Regional Transport Authorities?

The Secretary performs duties and exercises powers specified in the rules and bye-laws of the Transport Authority. The Secretary also handles the procedure by circulation for decision-making, maintains records of votes, and ensures compliance with the rules.

Q: What powers can the State Transport Authority delegate to officers of the Transport Department in Rajasthan?

The State Transport Authority can delegate all or some of its powers to officers of the Transport Department not below the rank of Motor Vehicle Inspector, subject to conditions and restrictions. Specific powers like compounding cases of infringement or counter-signing temporary permits can be delegated to officers of lower ranks or specific check posts.

Q: What documents must be submitted with an application for a Stage Carriage Permit in Rajasthan?

1. An application for a Stage Carriage Permit must include:
- 2. A blueprint of the proposed route.
- 3. Details of the route length and class (e.g., notified, non-notified, sub-urban, rural).
- 4. A proposed time-table and fare chart.
- 5. Proof of residence, SC/ST status (if applicable), and other specified documents.

Q: How is the disposal of applications managed when no limit has been fixed?

Applications are scrutinized by the Secretary of the State or Regional Transport Authority. Complete applications are entered into a register and disposed of within two months. The Secretary may also handle applications with delegated powers. Before rejecting an application, a show-cause notice is issued to the applicant, and reasons for rejection are provided in writing.

Q: What are the procedures and conditions related to the disposal and issuance of stage carriage permits, including reservations for SC/ST applicants and the handling of permit applications?

Reservation for SC/ST Applicants: Under Rule 5.7(1), if the number of stage carriage permits is fixed, 16% of these permits are reserved for SC (Scheduled Castes) applicants and 12% for ST (Scheduled Tribes) applicants. If fewer applications are received from SC/ST candidates than the reserved quota, the unissued permits for SC/ST will be carried forward. However, this carried-forward quota will automatically lapse after one year.
Grouping of Routes: According to Rule 5.7(3), the State Transport Authority or the Regional Transport Authority may group various routes within the state or region to facilitate the issuance of permits to SC/ST applicants as per the reserved quotas.
Procedure for Disposal of Applications: The procedure for disposing of stage carriage permit applications before the Regional Transport Authority will follow the same rules as outlined in Rule 5.6.
Refusal to Accept Applications: Rule 5.8 states that if the number of permits for stage or contract carriage has been exhausted, the Regional Transport Authority will notify this on its notice board and may refuse to accept further applications for permits for that class of vehicle in the area or route.
Issuance of Permits: Rule 5.9(1) specifies that the Secretary or Executive Officer of the State Transport Authority or Regional Transport Authority must inform the applicant within seven days about the grant or rejection of the permit application. Permits are issued in various forms depending on the type of vehicle and service, including stage carriage permits (Form R.S. 5.9), contract carriage permits (Forms R.S. 5.11 to R.S. 5.13), and others.
Conditions for Transport Vehicles: As per Rule 5.10, conditions may be attached to a transport vehicle permit, such as ensuring that the vehicle model is not older than a specified year.
Entry of Registration Marks: Rule 5.11(1) requires that if the vehicle's registration mark is not available at the time of application, the applicant must provide it within one month or a longer period specified by the Authority. Failure to provide the registration mark within the specified time can lead to the revocation of the permit sanction.
Temporary Permits: Rule 5.12 allows for the issuance of temporary permits if the applicant is not yet in possession of the vehicle or cannot specify the registration mark. The applicant must provide the registration details within a specified period after the temporary permit is issued.
Permit Validity and Extensions: Rule 5.13 outlines that a Regional Transport Authority can issue permits valid in other regions, subject to certain conditions and provisions. The permit holder must ensure that conditions specified by the original Transport Authority are met.
National and All India Tourist Permits: Rule 5.15(1) states that a permit granted under the Motor Vehicles Act, including national and all-India tourist permits, is valid in Rajasthan without countersignature if the applicable taxes and fees are paid.
Conditions for Stage Carriages: Rule 5.19(A) specifies several additional conditions for stage carriage permits, including the display of route information, carrying a conductor, regular operation on the specified route, compliance with fare regulations, and installation of GPS.

Q: What are the requirements for carrying different types of cattle in a goods vehicle according to Rule 5.20 in Rajasthan?

For goats, sheep, deer, or pigs:
- Floor Space: A minimum of 0.15 square meters per head is required.
- Ventilation: Proper ventilation arrangements must be made.
- Double Decked Vehicles: The upper deck flooring should be covered with metal sheets raised at least 7.62 cm on all four sides to prevent waste matter from falling onto animals below. Proper drainage must be arranged on each floor. Wooden battens must be provided on each floor to prevent hoof slippage.
For other cattle (such as buffaloes, bulls, oxen, cows, etc.):
- Floor Space: A minimum floor space of 2 meters by 1 meter per head is required, with half of this space for weaned young cattle.
- Construction: The load body of the vehicle must be made of strong wooden planks or iron sheets with a minimum height of 1.5 meters on all sides and the back.
- Floor Battens: Floor battens are needed to prevent hoof slippage.
- Safety Measures: All projections that could cause suffering must be removed, and cattle must be secured by ropes tied to the sides of the vehicle.
For animals intended for a circus, menagerie, or zoo:
- Wild or Ferocious Animals: A suitable cage, either separate from or integral with the vehicle’s load body, must be provided to securely contain the animal.
- Floor Space: Reasonable floor space must be provided for each animal.
- Speed Restriction: No goods vehicle carrying cattle or animals as specified above should be driven at a speed exceeding 24 km/h.
Note: "Cattle" includes goats, sheep, buffaloes, bulls, oxen, cows, deer, horses, ponies, mules, asses, pigs, and their young ones.

Q: What are the regulations concerning the carriage of goods on stage carriages according to the provided rules in Rajasthan?

Top Deck Restrictions: No goods are allowed on the top deck of a double-decked stage carriage.
Carriage on Roof: Goods can be carried on the roof of a stage carriage or in a boot or compartment set aside for luggage, provided adequate protection, such as a guard rail, is installed.
Blocking Entrances/Exits: Luggage must not block any entrances or exits of the stage carriage.
Use of Vehicle for Goods: If a stage carriage is used for carrying goods to the detriment of passenger service, the Regional Transport Authority (RTA) may declare a breach of permit conditions and proceed under Section 86 of the Act.
Goods Carriage Conditions: Goods may be carried in accordance with the permit conditions, subject to Rule 5.22.
Packing and Securing Goods: Goods should be packed and secured so as not to cause danger, inconvenience, or discomfort to passengers. A specified number of seats must remain free and unobstructed, and access to entrances and exits must be clear.
Weight Limits: The weight of goods carried must not exceed (N - X) × 68 kg, where:
- N is the registered passenger seating capacity of the vehicle.
- X is the number of passengers carried or the number of seats kept free, whichever is greater.
Additional Rules on Carriage of Goods:
- Rule 5.22 - Carriage of Goods on Contract Carriage: Contract carriages can be authorized by the RTA for the carriage of goods for special reasons or for personal, office, or household effects, subject to conditions specified in the permit.
- Rule 5.23 - Prohibited Goods: No goods that could foul the vehicle's interior or render it insanitary can be carried. The RTA may specify or restrict types of goods in permits.
- Rule 5.24 - Carriage of Luggage: Public service vehicles must have adequate means to convey luggage, including chains, straps, and guard rails. Luggage on the roof must be covered with a waterproof covering.
- Rule 5.25 - Personal Luggage in Stage or Contract Carriages: No more than 50 kg of luggage per passenger is allowed, with 25 kg free of charge. Additional luggage may be charged.
- Rule 5.26 - Cancellation of Redundant Permits: If duplicate permits are found for the same vehicles or if more vehicles are authorized than possessed, the RTA may cancel or modify the redundant permit in consultation with the other authority.
- Rule 5.27 - Renewal of Permits: Applications for permit renewal must be made in the prescribed form and include Part 'A' of the permit along with the prescribed fee. The RTA will review financial conditions and any previous violations before renewing the permit. If renewal is likely to be rejected, a show cause notice will be issued.

Q: What are the procedures and requirements for renewing a permit and countersignature for a vehicle, including replacing a vehicle or managing temporary replacements according to the provided rules?

Renewal of Countersignature:
- Application for Renewal: The application for renewal of a countersignature on a permit must be submitted in writing to the Regional Transport Authority (RTA) within the time prescribed by Section 81(2) of the Act. The application should include Part A of the permit, the prescribed fee, and specify the period for which the renewal is required.
- Unavailable Part A: If Part A is unavailable due to renewal by another Authority, the applicant must state the permit number, date, issuing Authority, expiry date, and the countersignature details to be renewed.
- Issuance of Renewal: The RTA will call for Part A (if not previously submitted) and Part B of the permit, endorse them, and return them to the holder.
Validation of Countersignature:
- Renewal of Countersignature: The Authority renewing a permit may also renew the countersignature unless directed otherwise by the countersigning Authority. The renewal should be endorsed on the permit, and the renewal must be communicated to the countersigning Authority.
- Effectiveness: If Parts A and B are not endorsed as per the renewal or if the countersignature validity period is not endorsed, the countersignature will be invalid beyond the permit’s expiry date.
Condition of Permit:
- Inter-State Transport Agreement: When countersigning a permit under an inter-state transport agreement, the RTA may impose a condition preventing the public carrier from picking up and dropping the same goods at two points within the State’s jurisdiction.
Replacement of Vehicle:
- Particular Vehicle Replacement: To replace a specific vehicle, the permit holder must submit Part A of the permit and a written application to the issuing Authority, stating reasons for replacement. If the new vehicle is already in possession, the certificate of registration must be forwarded. If not, details of how the new vehicle differs from the old must be provided. The application may be rejected if there has been a notice to reduce the number of transport vehicles, the new vehicle differs materially from the old, or the permit holder has violated permit provisions or lost possession of the old vehicle under a hire-purchase agreement. If approved, the RTA will call for Part B of the permit and the new vehicle’s registration certificate, correct Parts A and B, and return them to the holder.
- Replacement of Vehicles in Service: For replacing a vehicle in a service of stage or contract carriages with a different type or capacity, the permit holder must submit Part A and a written application to the RTA, specifying the reasons and details of both the old and new vehicles. The application may be rejected if there has been notice of a reduction in the number of transport vehicles, the new vehicle differs materially from the old, or the permit holder has contravened any provisions. Upon approval, the RTA will correct Parts A and B of the permit and return them after endorsement.
- Temporary Replacement of Stage Carriage: In the event of a sudden failure of a stage carriage, the permit holder may apply for temporary replacement using another vehicle of the same nature or a higher model, via telegram or fax. The replacement vehicle must be mechanically fit and have a current certificate of fitness. A certified copy of the telegram or fax receipt must be carried by the replacement vehicle. The RTA will inform the inspection staff and police about the replacement, and the permit holder must notify the RTA when the original vehicle resumes service.
Validation of Replacement Order:
- Endorsement: When replacing a vehicle, the authority must endorse the permit with "Valid also for [Name of Authority]" and notify the relevant Authority. If the permit is not endorsed or the countersigning Authority does not approve the alteration, the countersignature will not be valid for the new vehicle.

Q: What steps must be taken by the holder of a permit when it is suspended or canceled by the State Transport Authority or Regional Transport Authority?

A: When a permit is suspended or canceled, the holder must:

Surrender Part A, Part B, and any authorization (if applicable) of the permit within seven days of receiving the written order.
The suspending or canceling authority must notify any authority that countersigned the permit and any authority to whose area the permit's validity was extended.

Q: What is the process for transferring a permit to another person in Rajasthan?

A: To transfer a permit, the following steps are required:

The current permit holder and the person to whom the permit is being transferred must make a joint application in writing to the State Transport Authority or Regional Transport Authority, stating the reasons for the transfer.
The authorities may require details on any premium or other consideration involved in the transfer.
If the transfer is approved, the current holder must surrender Parts A and B of the permit, and the transferee must deposit the prescribed fee.
The authority will then update the permit to reflect the new holder's details and return the permit to the transferee.

Q: What should be done if a permit holder dies and the vehicle is to be used by a successor?

A: The successor must:

Inform the Transport Authority of the permit holder's death and their intention to use the permit within 30 days, using Form R.S. 5.21.
Submit an application in Form R.S. 5.22 for the transfer of the permit in their name.
Attach a newspaper notice indicating their succession to the permit holder.
If there are objections, the transfer will only proceed according to a competent court's order.

Q: What is the procedure for obtaining a duplicate permit if the original is lost or destroyed?

A: The procedure involves:

Informing the issuing authority immediately about the loss or destruction and submitting an application along with an up-to-date tax payment certificate and the prescribed fee.
The authority will then issue a duplicate permit or parts of it, clearly stamped "Duplicate" in red ink.
If the original is found after a duplicate has been issued, it should be returned to the Regional Transport Officer.

Q: How can a permit holder apply for a variation of the permit?

A: The permit holder can apply for a variation by:

Submitting a written application along with the prescribed fee to the State Transport Authority or Regional Transport Authority.
If the variation is based on specific directions or a ruling from the authorities, it must comply with those directives or rulings.

Q: What are the requirements for producing a permit during inspection?

A: Part A of the permit must be produced on demand by any Transport Officer not below the rank of an Inspector of Motor Vehicles or by any Police Officer not below the rank of a Sub-Inspector. Additionally, Police or Transport Officers in uniform may inspect Part B of the permit by mounting the transport vehicle.

Q: Under what circumstances can civilian transport vehicles be used for public purposes, and what documentation is required?

A: Civilian transport vehicles can be used for public purposes such as defense work during peace time if they are used for:

Carrying goods or personnel essential for defense or civil defense.
Securing the defense of India or conducting military operations.

The driver or in-charge of the vehicle must carry a certificate from a District Magistrate or Area Commanding Officer, specifying the vehicle's details and the purpose of use.

Q: What happens if a permit holder has to submit their permit for renewal or due to police or court action?

A: The permit holder will receive a receipt and a temporary authorization in Form R.S. 5.24 from the State Transport Authority, Regional Transport Authority, or the competent authority. This temporary authorization allows the vehicle to be operated during the specified period and is deemed as a permit until the original is returned.

Q: What is the process for appealing against an order of the State or Regional Transport Authority?

A: An appeal must be filed within 30 days of receiving the order by:

Submitting a memorandum in duplicate with typed copies for all parties involved.
The memorandum should set forth the grounds of objection concisely and be accompanied by a certificate copy of the order and the prescribed fee.

Q: How should a person apply for revision of an order from the State or Regional Transport Authority?

A: The application for revision should:

Be in the form of a memorandum submitted in duplicate with typed copies.
State the grounds of objection under distinct heads and be accompanied by a certificate copy of the order being challenged and the prescribed fee.

Q: What is the procedure for obtaining copies of documents when filing an appeal or revision?

A: To obtain copies of documents required for an appeal or revision, the interested person must:

Request the copies from the Secretary of the State/Regional Transport Authority.
Pay the prescribed fee for the copies.

Q: What steps does the State Transport Appellate Tribunal take after admitting an appeal or revision application?

A: After admitting an appeal or revision application, the State Transport Appellate Tribunal will:

Appoint a time and place for the hearing of the appeal or revision.
Notify the Authority whose order is being challenged, the appellant or applicant, and any other affected parties.
Require the applicant, respondent, or any interested person to appear in person or through an authorized representative with the original documents or records related to the case on the specified date and location.

Q: What is the responsibility of the Secretary of the State/Regional Transport Authority concerning the appeal or revision process?

A: The Secretary of the State/Regional Transport Authority must:

Within 14 days of receiving notice of the appeal or revision, send all original documents and records related to the case to the State Transport Appellate Tribunal.
Ensure that these documents are properly indexed and paginated as required by the tribunal.

Q: What can the State Transport Appellate Tribunal do after reviewing an appeal or revision application?

A: After reviewing an appeal or revision application, the State Transport Appellate Tribunal may:

Confirm, vary, or set aside the order being challenged.
Pass any other order it deems fit regarding the case.
Conduct further inquiry if necessary before making a decision.

Q: What happens if the applicant succeeds in their appeal?

A: If the applicant succeeds in their appeal, the State Transport Appellate Tribunal may order a refund of the whole or part of the fee that was deposited by the applicant.

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