(1) That the applicant is a registered entity under the applicable laws of India;
(2) That the applicant is a digital intermediary/ marketplace that canvasses or solicits for a passenger to connect with a driver satisfying the necessary eligibility conditions and operating a validly registered vehicle under the laws of India and complies with all applicable regulations prescribed under the Act and the Information Technology Act, 2000, (Act No. 21 of 2000) including the intermediary guidelines;
(3) That the applicant has a call centre for customers and drivers operating at all times of the day during which the applicant intends to provide the above services;
(4) That the applicant provides either a web or a phone application based customer service and grievance redressal mechanism having an operational telephone number and an email address of a grievance redressal officer;
(5) That the applicant has intimated the name, address and contact information of the authorised local representative of the licensee, who is responsible for the compliance of the provisions of these rules; and
(6) That the applicant maintains a fleet through a written/digital agreement or memorandum of understanding with individual permit holders of at least fifty motor cabs at all times and in the case of vehicles other than motorcab, this number Page 3 of 17 shall not be less than twenty five at any time. Further the maximum number of cabs in the fleet will be determined in consultation with the Transport Commissioner based on factors like Demand, Traffic Congestion etc. The Transport Commissioner reserves the right to restrict the fleet of cabs of the aggregator.
6. Grant or Renewal of License and matters connected therewith
(1) The licensing authority may, on receipt of an application under rule 4 and after satisfying himself that the applicant has complied with the requirements of rule 5, grant and issue the license in Form-2 after payment of fees as specified in rule 18:
Provided that in the case of renewal the licensing authority after satisfying himself that licensee has complied with the terms and conditions as prescribed under rule 5 and rule 8, renew the license in Form-2 after payment of fees as specified in rule 18.
Provided further that no application for license shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are recorded in writing by the licensing authority. The application in form 2 and fees thereof is applicable only for one district. In case the same aggregator applies for multiple districts Bank Guarantee shall remain the same, i.e. no additional bank guarantee will be required but Application fees and License fee in respect of grant or renewal of license will be chargeable District wise. In case of outstation services from Source District, license of which licensee holds, only valid permit is mandatory for concerned vehicle.
(2) The applicant may submit an application for renewal of license at any time after the completion of four and half years but not less than three months before the expiry of the license along with a renewed bank guarantee of five lakhs from scheduled bank with validity of five and half years drawn in favour of the Licensing Authority.
(3) If application of renewal of license is made after the expiry of time prescribed under sub-rule (2), licensing authority may accept the application looking to the reasons preventing him applying in time.
(4) The licensing authority shall keep the record of the complaints received from consumers against the licensee and shall evaluate the ability of the licensee to address such complaints at the time of consideration of renewal of the license.
7. Duration of License A license granted or renewed under rule 6 shall be valid for a period of five years from the date of grant or renewal.
Page 4 of 17
8. General conditions to be observed by the holder of the license
(1) The licensee must ensure that every Public Service Vehicle that is operated for a journey booked via an aggregator platform should:
a) Be engaged under a written/digital agreement authorising the licensee for the use of such vehicle as a whole;
b) Be validly registered under the provisions of the Act;
c) Hold a valid Fitness Certificate, issued under the provisions of the Act;
d) Hold a relevant permit to ply in the given area of operation;
e) Hold valid insurance covering for third party risks as prescribed from time to time under the provisions of the Act;
f) Have paid all the dues payable under The JharkhandMotor Vehicles Taxation Act, 2001 and rules made thereunder;
g) Comply with the safety requirements prescribed for commercial vehicles;
h) Be equipped with the applicable standard safety equipments prescribed under the Act and rules made thereunder, including the first aid box;
i) Meet emission standards as specified from time to time and have a valid pollution under control certificate;
j) Be equipped with emergency safety button(s) wherever mandated by the licensing authority;
k) Be equipped with a device capable of tracking physical location and in case of motor cabs with a device capable of measuring the distance and time for accurate calculation of fare and time of travel. Such equipment shall be fitted by the owner of the vehicle:
Provided that the location tracking or Global Positioning System device shall comply with the specifications as laid down by the licensing authority from time to time;
l) Not carry advertisements to the extent that it becomes hazardous or a disturbance to the safety of traffic and must be strictly in accordance with the guidelines issued by the State Transport Authority in this regard from time to time; and m) Be run on such fuel which is permissible and decided by competent authorities/ STA for operation in the Region.
(2) The licensee must ensure that:
a) Any driver that wishes to register with an on-demand transportation technology platform must have a driving license of the appropriate category;
b) Prior to permitting a driver to register with the on-demand transportation technology platform, and annually thereafter, the licensee must obtain and review a police verification report for such Page 5 of 17 person, together with self-attested copy of EPIC card , PAN card, residential address proof along with contact details of two family members;
c) Any driver who has been convicted, within the past seven years, for offence of driving under the influence of drugs or alcohol, or who has been convicted at any time for any cognizable offence including fraud, sexual offenses, use of motor vehicle to commit a cognizable offence, a crime involving property damage, and/or theft, acts of violence, or acts of terror must not be permitted to use the licensee platform;
d) Any driver that wishes to register with an on-demand transportation technology platform must hold a Reserve Bank of India (RBI) Know Your Customer compliant bank account;
e) Driver using the on-demand transportation technology platform must wear his PSV badge, uniform and display information regarding his name, phone number, permit number, permanent address in the cab in a place where it is clearly visible to the passenger f) Driver using the on-demand transportation technology platform must be permitted to log-in and log-off the on-demand technology platform at their discretion and must not be prevented from registering themselves or the vehicles they operate on multiple ondemand transportation technology platforms, unless the owners of the vehicle chooses otherwise;
g) Driver using the on-demand transportation platform shall not be compelled to drive a minimum number of hours, but should follow the rules for maximum number of hours for safe driving wherever applicable. The Global Positioning System device should ensure metric recording of driving hours; and h) Driver when using on-demand transportation technology platform must not solicit or accept street hails.
(3) For administrative purposes, the licensee must:
a) Provide an address for registered service of process along with details of Office in-charge to the licensing authority;
b) Provide a list of drivers using on-demand technology transportation platform, including the full name of driver, driving license number and the vehicle registration number to the licensing authority on a quarterly basis;
Page 6 of 17 c) Ensure that its web or mobile application ensures compliance with the permit conditions of the vehicle being operated by drivers using the licensees on-demand transportation platform;
d) Obtain and maintain the following up-to-date records relating to the driver:
i. Photograph;
ii. Driving license detail;
iii. Badge detail;
iv. Present and permanent residence address;
v. Bank details of the driver or any other legal mode of electronic transfer;
vi. Contact information;
vii. Self attested EPIC card, PAN card; and viii. Contact details and address of two family members of the driver.
e) Obtain and maintain the following up-to-date records relating to the driver's vehicle:- i. Certificate of registration along with the number of High Security Registration Plate as prescribed under the Act and rules made thereunder;
ii. Certificate of fitness as specified and issued under the Act and rules made thereunder;
iii. Permit or any other document as specified and issued under the Act and rules made thereunder, including, but not limited to, an All India Tourist Permit or a State Tourist Permit, as the case may be;
iv. A copy of written/digital agreement as referred in clause (a) of sub-rule (1);
v. Insurance policy covering the third party risks as specified from time to time under the Act and rules made thereunder; and vi. Certificate of fitment of device capable of tracking of physical location.
(4) In order to promote passenger safety, the licensee must,- a) Ensure that the on-demand technology transportation aggregators web or mobile application to connect drivers to riders displays for the passengers a clear picture of the driver (including license number) and a picture or description of the vehicle and such other details that allows the rider to verify that the driver of the vehicle is person whose details the rider has received via the on-demand technology transportation aggregator;
Page 7 of 17 b) Develop and include a feature in the mobile application that provides riders the ability to share their location with a minimum 2 number of persons within their safety network;
c) Develop and include a feature in the mobile application that gives riders ability to contact local police in case of emergency;
d) Enable data transfer of the vehicle, driver and location of the vehicle to the data network of the Central or State Government whenever demanded;
e) Verify the criminal background of each driver wishing to use the ondemand transportation technology platform through police verification;
f) Verify vehicle information registered on the on-demand transportation technology platform with the information available with the Ministry of Road, Transport and Highways and/or the State Transport Department on an annual basis;
g) In the event of an incident of a criminal nature involving a trip booked through the licensee on-demand transportation technology platform, licensee will immediately inform and cooperate with relevant authorities upon lawful request;
h) Establish a policy of zero tolerance for discrimination or discriminatory conduct while a driver is logged into the on-demand mobile application.
Discriminatory conduct may include,- i. Refusal of service;
ii. Using derogatory or harassing language directed at passenger; or iii. Rating a passenger on the basis of sex, race, caste, creed, religion, or nationality; and iv. Be held liable if the licensee fails to exercise due diligence and responsible care in accrediting drivers or does not comply with terms of these rules or the license.
(5) After receiving a written complaint from a passenger submitted through regular mail or electronic means containing a reasonable allegation that the driver using the on-demand transportation technology platform has violated the zero tolerance policy as referred in clause (h) of sub-rule (4) of rule 8 for discrimination the driver shall be immediately deactivated from the platform, for the duration of the investigation (by the licensee);
(6) A driver shall not refuse to provide service to an individual with a disability solely because the individual's disability results in appearance or involuntary behavior that may offend, annoy or cause inconvenience to the driver or any other person;
(7) The licensee must implement the zero tolerance policy on the use of drugs or alcohol by its driver and publish the notice of the zero tolerance policy on its website as well as the procedures to report a complaint about a driver with whom Page 8 of 17 the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride, and immediately deactivate said driver's access to the platform upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The deactivation shall last the duration of the investigation by the licensee;
(8) The on-demand transportation technology platform shall inform the licensing authority if there is a change in control or ownership of the license and shall seek a fresh/ new license under the provisions of these rules within fifteen days of such change;
(9) The licensee must publish its policy on fare which shall be with reference to the minimum and maximum fare rates specified by the State Government, registration of vehicles and drivers with its platform/ application, sharing of fares with vehiclesowners and drivers, safety of passengers, mechanism for grievance redressal etc. It must also follow these policies meticulously and transparently. The rates of the aggregator will have to approved by the STA;
(10) The licensee shall conduct structured refresher training programs for its drivers including but not limited to safe driving skills, gender sensitization passenger etiquette and ensure that the driver shall undertake such refresher course at least once in a calendar year. Such training programs should be duly documented by the licensee;
(11) The licensee shall endeavor to register as many motor cabs having woman drivers as may be feasible;
(12) The licensee shall display prominently the license issued under these rules on the app as well as any screen or print advertisements and;
(13) The licensee shall follow all the conditions as may be specified and directions issued by the State Transport Authority or any competent court, from time to time.
9. General conditions to be observed by Passenger While travelling or riding in the public service vehicle the passenger or rider,-
(1) Shall not smoke and drink;
(2) Shall behave in civil and orderly manner towards driver and co-passenger;
(3) Shall not willfully or negligently damage the public service vehicle or any of its fittings;
(4) Shall not cause a driver to drive the vehicle in contravention of the provisions of the notified speed limits
10. Transparency
(1) The On- demand transportation technology platform must provide a feature to convey to the rider the distance and time travelled (based on the metering indicated by the device) and consideration to be paid by a passenger /rider for the trip undertaken and upon completion of a trip, shall transmit or cause to be transmitted an electronic Page 9 of 17 receipt to the passenger's email address or mobile phone or mobile application or in hard copy documenting the origination and destination of the trip and a description of the total amount paid, if any and the name of the person or entity on whose behalf the receipt is issued.
(2) The rider must be facilitated either via the web or on a mobile app or through a customer service telephone number and an email address to submit their grievances or difficulties faced during travel.
(3) The licensee shall be permitted to digitally provide for all features mandated physically by any applicable rules or rule or permit condition made by the State Government.
(4) Chargeable fees of services, surge pricing must be set in consultation with the Transport Authority and post approval from the Transport Commissioner.
(5) The aggregator must provide APIs (Application Programme Interface) whenever demanded by the Department of Transport and assist in its integration with any monitoring software that Department of Transport may create in future.
11. Power of Licensing Authority to Suspend or Cancel License
(1) If the licensing authority, after giving the licensee an opportunity to be heard, is of the opinion that:
a) A licensee has failed to comply with any of terms and conditions as detailed in these rules;or b) The licensee has failed to maintain the Public Service Vehicles in compliance with the provisions of the Act and rules made thereunder; The licensing authority may suspend the license for a specified period or cancel the license.
(2) Every licensee whose license has been cancelled shall be permitted to apply for another license to the licensing authority after a period of six months from the date of cancellation.
(3) When the license is suspended or cancelled under sub-rule (1) the holder of the license shall surrender the license to the licensing authority and discontinue the service.
12. Forfeiting of Bank Guarantee If the holder of a license fails to comply with the conditions and terms as mentioned under these rules or any employee of licensee is guilty of any misbehavior or misconduct with any passenger travelling then the licensing authority will be free to suspend or revoke the license or/and forfeit the bank guarantee of rupees five lakhs or appropriate portion looking to the seriousness of offence.
Page 10 of 17
13. Area of Operation Area of operation of vehicles plying under these rules shall be as per the permits provided under the Jharkhand Motor Vehicle Rules and as notified by the Transport Authority from time to time. It should be noted that no vehicle registered under an aggregator shall violate its permit condition including the area of operation
14. Issue of duplicate license and transfer of license
(1) If at any time the license is lost or destroyed, the holder shall report to the police station in the jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the licensing authority and apply in Form-1 to the said licensing authority for a duplicate license accompanied by the fees as specified in rule 18.
(2) On receipt of an application along with the specified fee in sub-rule (1), the licensing authority may issue a duplicate license clearly marked "Duplicate".
(3) If after the issue of a duplicate license the original is traced, the same shall be surrendered forthwith to the licensing authority.
(4) A license issued or renewed under these rules may be transferred to the legal heir in case of death of licensee on an application made by legal heir. In other cases, license may be transferred on a joint application made by the transferor and transferee accompanied by the fees as specified in rule 18 and subject to fulfillment of all the conditions prescribed under these rules by the transferee.
15. Appeal Any person aggrieved by any order of the licensing authority under rule 6, 11 or 12, may file within thirty days of the receipt of the order, appeal to the State Transport Appellate Tribunal.
16. Procedure for appeal
(1) An appeal under rule 15 shall be preferred in two copies in the form of a memorandum setting forth the ground of objection, to the order of the licensing authority and shall be accompanied by a fee as specified in rule 18.
(2) The State Transport Appellate Tribunal may after giving an opportunity to the parties to be heard and after such enquiry as it may deem necessary, pass appropriate orders.
(3) The State Transport Appellate Tribunal shall dispose of an appeal filed under rule 15 within a period of ninety days from the date on which such appeal is filed.
Page 11 of 17
17. Voluntary surrender of the License The holder of a license may at any time surrender the license issued to him by the licensing authority which granted the license and on such surrender the licensing authority shall cancel the license. The holder of the license before surrendering the license shall clear all the dues referred in rule 12.
18. Fees The fees which shall be charged under the provisions of these rules shall be as specified in the Table below:
Serial Number Purpose Amount ( In rupees ) Rule
1. In respect of application for grant or renewal of license Five thousand 4
2.
In respect of change of address of the main office or permission to open a new branch Two thousand five hundred
3. In respect of grant or renewal of license One lakh 6
4. In respect of issue of duplicate license Ten thousand 14
5.
In respect of transfer of license A. Five thousand ( In case of death of individual licensee) B. Fifteen thousand (In other cases) 14
6. Appeal Two thousand five hundred 15
19. Refund of Fees Method and procedure for refund of fee and security as laid down under the Jharkhand Motor Vehicles Rules, 2001 shall be applicable.
By the order of Governor of Jharkhand, (Prawin Kumar Toppo) Secretary Transport Department Jharkhand, Ranchi Page 12 of 17 FORM-1 [see rule 4] Application for the grant/renewal of Aggregator's license under the Jharkhand On-Demand Transportation Technology Aggregator Rules 2019 To, The State Transport Authority, Ranchi.
I, the undersigned hereby apply for grant/renewal of a license for operation as an aggregator under the Jharkhand On-Demand Transportation Technology Aggregator Rules 2019
1. Full Name
2. Address of the main office
3. Number of branches and their addresses
4. (a) If a registered company, enclose a copy of certificate of incorporation/registration along with a copy of memorandum of association.
(b) If a firm, enclose a copy of certificate of registration of the firm.
5. Telephone number, web address and e-mail id _
6. Number of public service vehicles proposed to be operated.
(Enclose a separate list containing vehicle numbers and permit particulars of each vehicle )
7. Details of GPS/GPRS facility
8. Details of other infrastructure
9. Details of Financial Condition
10. Details of fee paid
11. Details of Security Deposit by way of Bank Guarantee I hereby declare that the information given above and other documents enclosed herewith are true to the best of my knowledge. I understand that if any information is found to be incorrect at any point of time, the license granted to me is liable to be cancelled, besides initiating other legal action/actions against me. I have gone through the provisions of the Jharkhand On-Demand Transportation Technology Aggregator Rules 2019;
I accept the same and agree to abide by the said rules.
Place:
Date:
Signature of the Applicant/ Authorized Signatory Page 13 of 17 to FORM-2 [see rule 6] License for an Aggregator Mr./Mrs. is hereby licensed to function as an Aggregator under the Jharkhand On- Demand Transportation Technology Aggregator Rules 2019, subject to the conditions contained in these rules.
1. Name of the aggregator in full
2. Addresses of the main office
3. Addresses of branches
4. Telephone Number, web address and email id
5. Number of public service vehicles and type (Enclose List)
6. Name of the District for which license is required
7. Details of fee Paid
8. Details of bank guarantee The license shall observe all the conditions contained in the Jharkhand On- Demand Transportation Technology Aggregator Rules 2019.
This license is valid from Place:
Date:
State Transport Authority Page 14 of 17 Transport Department Government of Jharkhand BANK GUARANTEE FORMAT — PERFORMANCE SECURITY (To be stamped in accordance with Stamp Act and to be issued by a Nationalised/Scheduled bank having its branch at Ranchi and payable at par at Ranchi, Jharkhand) To, The Transport Commissioner, Transport Department, Government of Jharkhand, FFP Building, Dhurwa-834004 Ranchi, Jharkhand Sir,
1. In accordance with the Jharkhand on Demand Transportation Technology Aggregator Rules 2019, M/s (Name & full address of the firm) (Hereinafter called the "Licensee") hereby submits the Bank Guarantee for grant or renewal of license as provided in the above rules.
It is a condition in the above rules that the Licensee has to deposit performance security in the form of a bank guarantee amounting to Rs. 5,00,000 (Rupees Five Lakhs) as provided in rules laid down by Department of Transport, Government of Jharkhand (hereinafter referred to as "DoT"). The Bank Guarantee shall be issued by a Nationalised Bank/ Scheduled Commercial Bank having its branch at Ranchi irrevocable and operative till 5 years & 6 months from the date of issuance of the License which may be extended if required in concurrence with the Licensee. And whereas the Licensee desires to furnish a Bank Guarantee for a sum of Rs. 5,00,000 (Rupees Five Lakhs) to the DoT as performance security.
2. Now, therefore, we the ....... ............. ............ ......... (Bank), a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1969 (delete, if not applicable) and branch Office at ..........
(hereinafter referred to as the Guarantor) do hereby undertake and agree to pay forthwith on demand in writing by the DoT of the said guaranteed amount without any demur, reservation or recourses.
Page 15 of 17
3. We, the aforesaid bank, further agree that the DoT shall be the sole judge of and as to whether the Licensee has committed any breach or breaches of any of the terms costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the DoT on account thereof to the extent of the performance security required to be deposited by the Licensee in respect of the said document and the decision of the DoT that the Licensee has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the DoT shall be final and binding on us.
4. We, the said Bank further agree that the Guarantee herein contained shall remain in full force and effect until it is released by the DoT and it is further declared that it shall not be necessary for the DoT to proceed against the Licensee before proceeding against the Bank and the Guarantee herein contained shall be invoked against the Bank, notwithstanding any security which the DoT may have obtained or shall be obtained from the Licensee at any time when proceedings are taken against the Bank for whatever amount that may be outstanding or unrealized under the Guarantee.
5. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax, registered post or other electronic media to our address, as aforesaid and if sent by post, it shall be deemed to have been given to us after the expiry of 48 hours when the same has been posted.
6. If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend the period of this guarantee on the request of our constituent under intimation to you.
7. The right of the DoT to recover the said amount of Rs. 5,00,000 (Rupees Five Lakhs) from us in manner aforesaid will not be precluded/affected even if the dispute has been raised by the said M/s and/or dispute or dispute are pending before any court, authority, officer, tribunal, arbitrator(s) etc
8. Notwithstanding anything stated above, or liability under this guarantee shall be restricted to 5,00,000 (Rupees Five Lakhs) and our guarantee shall remain in force for a period i.e. 5 years & 6 months from the date of issue of Licensee and unless a demand or claim under the guarantee is made on us in writing within three months after the validity date, all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liability thereunder.
9. This guarantee shall be governed by and construed in accordance with the Indian Laws and we hereby submit to the exclusive jurisdiction of courts of Justice in Ranchi for Page 16 of 17 the purpose of any suit or action or other proceedings arising out of this guarantee or the subject matter hereof brought by you may not be enforced in or by such count.
10. We hereby confirm that we have the power/s to issue this Guarantee in your favour under the Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the recipient of authority by express delegation of power/s and has/have full power's to execute this guarantee under the Power of Attorney issued by the bank in your favour.
Date ........................................ (Signature) .............................................
Place ....................................... (Printed Name) ..........................................
(Designation) ...........................................................
(Bank's Common seal) .............................................
In presence of:
WITNESS (with full name, designation, address & official seal, if any)
(1) ....................................................................
(2) Bank Details:
Name & address of Bank:
Bank Details:
Name & Address of Bank:
Name of contact person of Bank:
Contact Telephone Number:
Page 17 of 17 Transport Department Government of Jharkhand GUIDELINES FOR SUBMISSION OF BANK GUARANTEE The Bank Guarantee shall fulfill the following conditions in the absence of which they cannot be considered valid:-
1. Bank Guarantee shall be executed on non-judicial stamp paper of applicable value purchased in the name of the bank.
2. Two persons should sign as witnesses mentioning their full name, designation, address and office seal (if any).
3. The Executor (Bank Authorities) may mention the power of attorney No. and date of execution in his/her favour authorizing him/ her to sign the document. The Power of Attorney to be witness by two persons mentioning their full name and address.
4. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled Commercial Bank only.
5. Non — Judicial stamp paper shall be used within 6 months from the date of Purchase of the same. Bank Guarantee executed on the non — judicial stamp paper after 6 (six) months of the purchase of such stamp paper shall be treated as non valid.
6. The contents of Bank Guarantee shall be strictly as per format prescribed by DoT.
7. Each page of Bank Guarantee shall bear signature and seal of the Bank and B.G.
number.
8. All corrections, deletions etc. in the Bank Guarantee should be authenticated by signature of Bank Officials signing the Bank Guarantee.
9. Bank should separately send through registered post/courier a certified copy of Bank Guarantee, mentioning Licensee reference, title and name, directly to the DoT at the following address:
Transport Department, Government of Jharkhand, F.F.P Building, Dhurwa, Ranchi- 834004, Jharkhand