Punjab Motor Vehicles Rules, 1989
1. Short title and commencement
2. Definitions
3. Licensing Authority
4. Procedure for processing application for driving licence
5. Licensing Authority to conduct the test
6. Photograph to be signed by the licensing authority
7. Appellate Authority
8. Conduct and hearing of appeals
9. Authority for making appointment of registered medical practitioner
10. Licences lost or destroyed
11. Mutilated licence
12. Issue of duplicate licence
13. Temporary authorisation in lieu of licence
14. Communication of particulars of licence
15. Intimation to original licensing authority of endorsements and renewals
16. Change of address
17. Exemptions from the payment of fees
18. Driver's Badge
19. Duties, functions and conduct of drivers of transport vehicles
20. Driver not to allow to travel certain persons
21. State Register of Driving Licences
22. Application for grant of Conductor's Licence
23. Countersignatures of conductor's licence
24. Renewal of conductor's licence
25. Liability for producing Medical Certificate
26. Grant of duplicate conductor's licence
27. Appellate authority
28. Conduct and hearing of appeals
29. Conductor's badge
30. Badge not to be transferred
31. Driver performing the duties of conductor
32. Duties, functions and conduct of a conductor
33. Registering authority
34. Appellate Authority
35. Conduct and hearing of appeals
36. Reference to expert
37. Manner for exhibiting the particulars of transport vehicles
38. Board of Inspection for issue or renewal of certificate of fitness
39. Application for certificate of fitness
39A. Penalty for Vehicle remained without Fitness.
40. Procedure of Board of Inspection or an authorised testing station
41. Report to be made when a certificate of fitness is cancelled or renewal is refused
42. Temporary registration of motor vehicles
42A. Fee for assignment of registration mark of choice.
43. Loss or destruction of certificate of registration of a vehicle other than transport vehicle
44. Loss or destruction of certificate of registration and certificate of fitness of a transport vehicle
45. Procedure when a lost certificate is subsequently found
46. Temporary receipt for certificate of registration or certificate of fitness taken into possession by a competent authority
47. Fee for late registration, assignment of registration mark and transfer of ownership
48. Intimation of transfer of ownership
49. Reassignment of registration marks
50. Vehicle entering the State from outside
51. Delay in intimation of change in residence or place of business
52. Exemption of road rollers and the like
53. Intimation to Financiers
54. Information of stolen and recovered vehicles
55. State of Motor Vehicles
56. Term of appointment of members of the State Transport Authority and Regional Transport Authority
57. Conduct of business by the State Transport Authority
58. Conduct of business by a Regional Transport Authority
59. Provisions of rules 57 and 58 not to apply in certain cases
60. Procedure for conduct of business
61. Conditions for issuing directions by the State Transport Authority
62. Forms of applications
63. Particulars of application
64.
65. Forms of Permits
66. Extension of validity of permits
67. Application fee for grant or renewal of permit
68. Fees for issue and renewal of permits and for countersignatures.
68A. Fee for late issue and late renewal of permit.
69. Fees for temporary permits
70. Limitation of capacity of stage carriages and contract carriages
71. Conditions or carriage of goods in stage carriage and contract carriage
72. Carriage of personal luggage in stage or contract carriage
73. Conditions that may be attached to a stage carriage permit or contract carriage permit
74. Conditions that may be attached to a goods carriage permit
75. Cancellation or revocation of permit.
76. Temporary authorisation in lieu of permit
77. Permission authorising the replacement of a vehicle
78. Permits for the replacement of vehicle forming part of a service
79. Treatment of countersignatures on permit of replaced vehicle
80. Surrender of permits
81. Transfer of a permit
82. Regulation of service of contract carriage
83. Issue of duplicate permits
84. Production of permit on demand.
85. Appeals against orders of State or Regional Transport Authority
86. Procedure in hearing appeals
87. Interval of rest
88. Record of working hours to be maintained
89. Lost Property
90. Conduct of passengers in a stage carriage
91. Prohibition of use of force to collect passengers
92. Sale of tickets
93. Licensing of ticket agents
94. Issue of ticket agent's licence
95. Cancellation of ticket agent's licence
96. Terms of ticket agent's licence
97. Ticket Agent's badge to be exhibited
98. Appeal against the orders made under rule 94, 95 or 96
99. Conduct of ticket agent
100. Disinfection
101. Carriage of persons in goods carriage
102. Conditions for carriage of animals in goods carriage
103. Logbooks and complaint books to be maintained by drivers of transport vehicles
104. Other records to be maintained
105. Change of address of permit holder
106. Intimation of damage to or failure of a public service vehicle
107. Information of failure to ply the vehicle
108. Inspection of Transport Vehicles and their contents
109. Taxi Meter
110. Procedure for obtaining an Agents or Convassers' Licence under Section 93
111. Security for compliance with the conditions
112. Period of validity and renewal
113. Fee for a licence
114. Conditions of a licence
115. Rate of commission
116. Premises to be used
117. Suspension or cancellation of licence
118. Issue of duplicate licence
119. Display of licence
120. Appeal
121. Levy of fees for supply of copies
122. Delegation of powers by State Transport Authority and Regional Transport Authority
123. Particulars of the Scheme
124. Publication of the scheme
125. Manner of filing objections
126. Manner of consideration and disposal of objections
127. Publication of the scheme
128. Application and mode of grant of permit to State Transport Undertakings and other persons.
129. Manner of services of orders
130. General
131. Rear mirror
132. Dangerous projections
133. Wind screen wiper
134. Springing
135. Cars fitted with left hand steering control
136. Wings
137. Side car wheel
138. Communication with driver
139. Restriction on painting
140. Special marks to be exhibited on a stage carriage when it is used as a contract carriage
141. Special requirements for public service vehicle
142. Measure of stability of vehicles
143. Seating space
144. Driver's seat
145. Gangway
146. Limit of seating capacity
147. Head Room
148. Width of doors
149. Grab rail
150. Steps
151. Cushions
152. Body dimension and guard rails
153. Protection of passengers from weather
154. Prohibition on the fitting of mirrors
155. Lighting
156. Body construction
157. Fuel tanks
158. Electric Wires
159. Fire extinguishers
160. Waterproof canvas
161. Locking of nuts
162. Exhibition of starting and destination stations
163. Floor boards
164. Spare wheel and tools
165. Advertisement and other markings on public service vehicles
166. Body and loading platform of goods carriage
167. Driver's seat of goods carriages
168. Requirements for autorickshaw
169. Use of flag
170. Use of red lights
170A. Inscription of date of first registration on the left hand side of every vehicle.
170B. Pollution under Control Certificate.
170C. Testing of head light beam and brake system.
171. Use of weighing device
172. Restriction on driving with gear disengaged
173. Prohibition on mounting or taking hold of vehicles in motion
174. Towing
175. Traffic aggregation
176. Projection of loads
177. Carriage of dangerous substances
178. Sound signals
179. Cutouts
180. Restriction on travelling backwards
181. Use of lamps when a vehicle is at rest
182. Dazzling lights
183. Visibility of lamps and registration marks
184. Stop sign on road surface
185. Special provisions on hill roads
186. Trailers prohibited with motor cycles
187. Prohibition of attachment of trailer to certain vehicle
188. Attendants on trailer
189. Distinguishing mark for trailers
190. Use of trailers
191. Crossing Unmanned Railway level crossing
192. Traffic signals
193. Use of protective head gear
194. Halting of stage carriage
195. Halting of contract carriages
196. Parking Places
197. Taxi Stands
198. Involuntary halts
199. Prohibition on the use of horn
200. Classification of Bus Stands
201. Considerations governing the location of stands
202. Conditions applicable to all stands
203. Stands of ClassB
204. Stands of ClassC
205. Disposal of moneys accruing to Government
206. Stands to be open to all transport vehicles
207. Stands of ClassD
208. Boundaries of stands to be demarcated
209. Prohibition on use of loud sounding devices at stand
210. Cancellation of orders for the establishment of stands
211. Control over District Magistrate
212. Control of officers over the stands
213. Presentation of certificate of insurance while paying tax
214. Motor Vehicles Reserve Fund
215. Application for claim for compensation.
215B. Investigation of Motor Accident Claims.
215C. Duties of the Registering Authority.
215D. Duties of the Insurance Company.
215E. Presumption about reports.
215F. Police report and action thereon.
216. Examination of applicant [Sections 168(1) and 176].
217. Summary dismissal of application [Sections 169 and 176].
218. Notice to parties involved. 2l9. Appearance and examination of the parties.
220. Summoning of witnesses.
221. Appearance of legal practitioner
222. Local inspection.
223. Inspection of vehicles
224. Power of summary examination
225. Method of recording evidence
225A. Obtaining of supplementary information and documents.
225B. Power to direct medical examination.
226. Adjournment of hearing
227. Coopting of persons during inquiry
228. Framing of issues
229. Determination of issues.
230. Diary
231. Judgment and award of compensation.
231A. Securing the interest of claimants.
231B. Prohibition against release of motor vehicle involved in an accident.
232. The Code of Civil Procedure to apply in certain cases
233. Form and manner of appeals against the award of Claims Tribunal.
234. Fees.
235. Powers of Claims Tribunal [Section 176(2)(c)].
235A. Custody and preservation of records, Registers and certified copies.
236. Constitution and extent of application.
237. Classification of officers.
238. Powers of Officers of Motor Vehicles Department.
239. Duties, powers and functions of the Officers of the Motor Vehicles Department
240. Identity Card
241. Uniforms The Punjab Motor Vehicles Rules, 1989 Published vide Punjab Government Notification dated 17th August 1989 No. GSR.67/C.A.59/88/Ss. 28, 38, 65, 93, 95, 96, 107, 111, 138, 146, 176 and 213/89. - With reference to Government of Punjab, Department of Transport (Transport of II Branch) Notification No. G.S.R. 59/C.A./59/88/Ss. 28, 38, 65, 93, 95, 96, 107, 111, 138, 146, 176 and 213/89, dated the 3rd July, 1989, and in exercise of the powers conferred by sections 28, 38, 65, 93, 95, 96, 107, 111, 138, 146, 176 and 213 read with the provisions of the section 212 of Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), and all other powers enabling him in this behalf, the President of India is pleased to make the following rules, namely, -
CHAPTER I Preliminary
1. Short title and commencement. - (1) These rules may be called the Punjab Motor Vehicles Rules, 1989.
2. Definitions. - In these rules, unless there is anything repugnant to the subject or context, -
(a) "Act" means the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988);
(b) "Board of Inspection" means a Board of Inspection appointed under rule 38;
(c) "Central Rules" means the Central Motor Vehicles Rules, 1989;
(d) "Chapter" means the chapter of these rules;
(e) "Government" means the Government of the State of Punjab in the Department of Transport;
(f) "Passenger" for the purposes of Chapter V, means any person travelling in a public service vehicle other than the driver or the conductor of such vehicle or any other employee of the permit holder while on duty;
(g) "Section" means a section of the Act;
(h) "State" means the State of Punjab;
(i) "Stand" means a place duly appointed as a stand under Chapter X of these rules;
(j) "State Transport Commissioner" means the State Transport Commissioner, Punjab appointed as such by the Government;
(k) "transport co-operative society" means a transport co-operative society registered as such under the provisions of the Punjab Co-operative Societies Act, 1961;
(l) "transport company" means a transport company registered as such under the Companies Act, 1956;
(m) "transport firm" means a transport firm registered as such under the Indian Partnership Act, 1932;
(n) "urban area" means the area of a Municipal Corporation, Municipality, urban estate, small town or cantonment or other local area which may be specially notified by the State Government as an urban area.
CHAPTER II Licensing of Drivers of Motor Vehicles
3. Licensing Authority. [Section 28(a)] - (1) Each of the District Transport Officers shall be the Licensing Authority for the area of the District for which he is appointed as such, to issue licences under Chapter II or as the case may be, Chapter III of the Act includes such other officer who is appointed in this behalf of the Government.
(2) The area of jurisdiction of each licensing authority shall be the area of the district for which he is appointed as such or such other area as may be specified by the Government in this behalf.
4. Procedure for processing application for driving licence. [Section 28] - On receipt of an application for grant of a learner's licence or a driving licence, as the case may be, in terms of the provisions of section 8 or section 9, the licensing authority shall process the application for the grant of a licence under the provisions of the Act.
5. Licensing Authority to conduct the test. [Section 28] - (1) If the application for grant of a licence is found in order under rule 4, the test for a learner's licence specified in rule 11 and for a driving licence specified in rule 15 of the Central Rules shall be conducted by the licensing authority.
(2) For the purpose of tests in term of sub-rule (1) the applicant shall produce himself at such time and place as may be specified by the licensing authority and bring with him a serviceable vehicle of the class to which the application belongs for testing purposes.
6. Photograph to be signed by the licensing authority. [Section 28] - (1) The photograph of the holder of the licence when affixed to the licence shall be sealed with the seal of the licensing authority in such a manner that a part of the impression of the seal is upon the photograph and part on the margin.
(2) If at any time it appears to the licensing authority that the photograph affixed to a licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the licence forthwith and to furnish two clear copies of a recent photograph of himself and the holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.
(3) Upon receipt of the copies of the photograph in terms of the provisions of sub-rule (2), the licensing authority shall remove the old photograph from the licence and affix the seal thereto on one copy of the new photograph and return the licence to the holder of the licence and shall, if he is not the licensing authority by whom the licence was issued, forward the second copy of the photograph to that authority :
Provided that if the holder of the licence so desires, the licensing authority shall issue a duplicate licence with the new photograph affixed thereto and shall destroy the original licence.
(4) When a new photograph is affixed to a licence, a notice shall be made upon the photograph of the date of affixure.
(5) The fee for a duplicate licence issued under the proviso to sub-rule (3) shall be rupees ten.
7. Appellate Authority. [Sections 17, 19 and 28] - The appellate authority for the purposes of sub-section (2) of section 17 and sub-section (3) of section 19 shall be the State Transport Commissioner.
8. Conduct and hearing of appeals. [Section 29(2)(b)] - (1) An appeal under sub-section
(2) of section 17 or sub-section (3) of section 19 shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear a cash receipt or a treasury challan of rupees ten, setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against.
(2) When an appeal is preferred under sub-rule (1) a notice shall be issued by an appellate authority to the licensing authority concerned in such form as the appellate authority may specify.
(3) The appellate authority after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may be necessary, may confirm, vary or set aside the order against which the appeal is preferred and shall make an order accordingly.
(4) Any person preferring an appeal under sub-rule (1) may obtain a copy of any document filed with the licensing authority in connection with the orders appealed against on payment of a fee at the rate of [rupees five] per page.
(5) Any person preferring an appeal under sub-rule (1) shall be entitled to inspect the file of the Appellate Authority by making an application bearing a cash receipt or a treasury challan of -
(a) in respect of urgent inspection - [rupees twenty]; and
(b) in respect of ordinary inspection - rupees five;
(6) A copy of the order made by the appellate authority in appeal may be obtained on payment of a fee at the rate of [rupees five] per page.
9. Authority for making appointment of registered medical practitioner. [Section 8(3)] -
(1) The Chairman of the State Transport Authority in consultation with the Chief Medical Officer of the district concerned shall be the authorised person to appoint the registered medical practitioners for the purpose of sub-section (3) of section 8.
(2) The fee payable for the issue of medical certificate under sub-section (3) of section 8 shall be rupees fifteen and shall be deposited under the appropriate head of account of the Department of Health and Family Welfare of the Government of Punjab, where the examination is conducted by a Government Doctor.
10. Licences lost or destroyed. [Section 28(2)(c)] - (1) If at any time the licence is lost by the holder or is destroyed, the holder thereof shall forthwith intimate the facts in Form LLD or in a latter setting out the particulars required by the Form LLD to the licensing authority in whose area he has his place of residence.
(2) Upon the receipt of intimation under sub-rule (1), the licensing authority shall if it is not the licensing authority by whom the licence was issued, apply to that licensing authority for particulars of the licence and after making such enquiries as it thinks fit, shall, if it is satisfied that a duplicate may properly be issued, issue a duplicate licence.
(3) Where a photograph has become obsolete, the holder of the licence shall furnish the licensing authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and the second one be kept in record.
(4) The fee for a duplicate licence to be issued under this rule shall be rupees twenty-five:
Provided that if the licence is lost while in the custody of a court or an authority to which it has been submitted or surrendered in pursuance of the provisions of the Act or these rules, a duplicate copy shall be issued free of charge.
(5) When a duplicate licence has been issued upon a representation that a licence has been lost and the original licence is afterwards found by the holder, he shall deliver the original licence forthwith to the licensing authority but the fee so paid for the issue of duplicate licence shall not be refundable.
(6) Any person finding a driving licence shall, deliver it to the holder of the licence or to the nearest police station.
11. Mutilated licence. [Section 28(2)(c)] - (1) If at any time it appears to a licensing authority that a licence held by any person is so torn or defaced that it has ceased to be reasonably legible or that any important part of the original licence has been detached or is missing or that any unauthorised alterations have been made, the licensing authority may impound the licence and issue a duplicate licence.
(2) If any of the entries are illegible or are missing or it appears that they have been detached or altered without authority, the licensing authority shall, if it is not the licensing authority by whom the licence was issued, apply to that authority for particulars of the licence and after making such enquiries as he thinks fit shall, if it is satisfied that a duplicate may properly be issued, issue a duplicate licence.
(3) If a licence impounded under this rule is required to have a photograph of the holder affixed thereto, then -
(a) if the photograph on the impounded licence is in the opinion of the licensing authority satisfactory and conveniently transferable to the duplicate licence, the licensing authority may so transfer, affix and seal the photograph to the duplicate licence; and
(b) if the photograph affixed to the licence impounded is not in the opinion of the licensing authority such as can be transferred to the duplicate licence, the holder of the licence shall, on the demand of the licensing authority furnish two clear copies of recent photograph of himself, one of which shall be affixed to the duplicate licence and sealed.
(4) The fee for a duplicate licence issued under this rule shall be rupees ten.
12. Issue of duplicate licence. [Section 28(2)(c)] - When a duplicate licence is issued it shall be clearly stamped "DUPLICATE" in read ink and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.
13. Temporary authorisation in lieu of licence. [Section 28(2)(c) and Section 296] - (1) When the holder of a licence has surrendered it to a licensing authority for renewal or for obtaining an addition to drive a public service vehicle under section 11 or for any other purpose under the Act or these rules and has deposited the fee as specified under rule 32 of the Central Rules for this purpose and the licence so surrendered has not been suspended or cancelled, the licensing authority or other authority to whom the licence has been surrendered shall furnish him with a receipt for the licence in Form "L Tem" or in Form L Tem (MVD) and during the period specified in the receipt so furnished it may be produced in place of the licence under section 130 and under sub-section (3) of section 206.
(2) The licensing authority, a police officer or any other person authorised by the Government may, extend the term of the receipt issued under sub-rule (1) by an order endorsed thereon.
(3) No fee shall be payable in respect of a receipt given under this rule.
14. Communication of particulars of licence. [Section 28(2)(g)] - (1) A licensing authority taking possession of a licence under section 19 shall, if the licence was issued under the Act and was granted by another licensing authority, intimate this fact to the authority, by whom the licence was issued.
(2) The particulars of the persons disqualified for holding or obtaining a driving licence and the particulars of person convicted under section 182 shall be published in the official Gazette and entry to that effect shall be made in the State Register for Driving Licences maintained under section 26.
15. Intimation to original licensing authority of endorsements and renewals. [Section 28(2)(g)] - (1) The Court or authority making or causing to be made an endorsement on a licence regarding disqualification under section 24 shall send intimation thereof in Form 'LE' to the licensing authority by whom the licence was issued.
(2) A licensing authority renewing a licence under the provisions of sub-section (6) of section 15 shall intimate in Form L.R. the fact of renewal to the licensing authority by whom the licence so renewed was issued.
(3) A licensing authority adding to the classes of vehicle under which a licence authorises the holder to drive vehicles under sub-section (3) of section 6 shall, if it is not the authority by whom the licence was issued, intimate the addition so made to that authority in Form "LAD".
16. Change of address. [Section 28(2)(g)] - The holder of a licence entitling him to drive as a paid employee or to drive a public service vehicle, shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as given on the licence to the licensing authority by whom the licence was issued and to the licensing by whom it was last renewed.
17. Exemptions from the payment of fees. [Section 28(2)(f)] - (1) Fees specified under rule 32 of the Central Rules shall not be charged from a person, if he is or has been serving in any army unit abroad or in the field area of the Defence Services of the Union whether employer on driving motor vehicles or otherwise:
Provided that such a person shall be eligible for the aforesaid exemption if he makes an application for the grant or renewal of a licence within three months of his return from the service abroad or, as the case may be, from the field area.
(2) Ex-Military drivers other than commissioned officers and junior commissioned officers shall be eligible for grant of a driving licence without payment of any fee specified for that purpose under rule 32 of the Central Rules.
18. Driver's Badge. [Section 28(2)(g)] - (1) The driver of a stage carriage or a contract carriage shall display his left breast a metal badge in the form specified in the First Schedule to these rules issued to him by the concerned licensing authority and inscribed with the name of the authority by which an authorisation to drive a stage carriage or a contract carriage has been granted and the word, "DRIVER" together with an identification number :
Provided that a driver shall not hold more than one badge.
(2) The fee for the issue of a badge under sub-rule (1) shall be rupees ten and if the badge is lost or destroyed, a duplicate badge shall be issued by the authority by which it was issued on payment of rupees ten.
(3) No driver shall lend or transfer the badge issued to him under sub-rule (1) to any other person and no driver shall wear a badge other then one issued to him by the licensing authority.
(4) Any person finding a driver's badge shall, unless he returns the same to the holder, forthwith surrender it to the licensing authority by which it was issued or to a police officer of the nearest police station.
(5) If at any time the authorisation on a driver's licence entitling him to drive a stage carriage or a contract carriage is suspended or revoked by any licensing authority or by any Court or ceases to be valid by the efflux of time the driver shall surrender the badge to the authority by which it was issued within seven days from the date of suspension or revocation or from the date of expiry of the licence, as the case may be,
19. Duties, functions and conduct of drivers of transport vehicles. [Section 28(2)(h)] - The driver of a transfer vehicle shall, -
(i) be responsible for the due observance of the provisions of the Act and of these rules and conditions of the permit relating to vehicle;
(ii) not smoke or on a vehicle during a journey or when it has passengers on board;
(iii) behave in a civil and orderly manner to passengers and intending passengers;
(iv) be cleanly dressed in such manner as the State Transport Authority may specify;
(v) maintain the vehicle in a clean and sanitary condition;
(vi) not interfere with persons mounting or preparing to mount upon any other vehicle;
(vii) not allow any person to be carried in any public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing in the vehicle;
(viii) not wilfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the vehicle;
(ix) not, save for good and sufficient reasons, refuse to carry any person tendering the legal fare;
(x) take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods where goods are carried on the vehicle in addition to passengers;
(xi) not, save for good and sufficient reasons, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;
(xii) not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time-table pertaining to the vehicle; or where there is no such time-table with all reasonable despatch;
(xiii) arrange to convey the passengers to their destination in some other similar vehicle in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond his control;
(xiv) not, in the case of a stage carriage cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;
(xv) take due care for the safe carriage of luggage belonging to the passengers;
(xvi) take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle;
(xvii) not, when the vehicle is in motion, distract his attention without reasonable cause or, speak to any person unless it is absolutely necessary so to do;
(xviii) take all reasonable precautions to ensure that all means provided for indicating the route fares and destination of the vehicle are clearly and correctly displayed in or on the vehicle;
(xix) follow the signalling devices provided for starting and stopping the vehicle;
(xx) not argue with passengers and must give his name and badge number when asked to do so;
(xxi) not come on duty under the influence of any intoxicant; and
(xxii) not allow any passenger or some other person such as vendor, hawker or seller, to beg, or offer any article for sale in or on the vehicle.
20. Driver not to allow to travel certain persons. [Section 28(2)(h)] - (1) No driver shall cause or allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to have been suffering from any infectious or contagious disease or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.
(2) Notwithstanding the provisions of sub-rule (1), the driver may upon a request in writing, by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a transport vehicle:
Provided that no other person save a person or persons in attendance on the sick person shall be carried in the transport vehicle at the same time.
(3) When a person suffering from an infectious or contagious disease or the corpse of any such person has been carried in a transport vehicle, the driver of the vehicle shall be responsible to report that fact to a Government Medical Officer of the area concerned and to the owner of the vehicle, and neither the owner nor the driver shall cause or allow any person to use the vehicle until the driver and the vehicle have been disinfected in such manner as the medical officer may specify and a certificate to that effect that been obtained from the medical officer.
21. State Register of Driving Licences. [Section 28(2)(j)] - (1) The State Register of Driving Licences shall be maintained in duplicate in the office of the State Transport Commissioner in Form 10 appended to the Central Rules.
(2) The State Register of Driving Licences shall also be maintained in triplicate in the office of each of the licensing authorities in the Form referred to in sub-rule (1) and a copy of each page of it, in duplicate, shall be forwarded to the State Transport Commissioner every month. Each entry on the said Register shall be attested by the licensing authority or by a person so authorised to sign by the State Transport Commissioner.
CHAPTER III Licensing of Conductors of Stage Carriages
22. Application for grant of Conductor's Licence. [Sections 30 and 38(2)(a)] - (1) An application for the grant or counter signatures of a Conductor's licence shall be made in Form "L Con. A" to the licensing authority of the district where the applicant resides or carries on business and shall be accompanied by, -
(i) two clear copies of recent photographs of the applicant;
(ii) a cash receipt or a treasury challan in token of payment of fee; and
(iii) a medical certificate of fitness from a registered medical practioner authorised by the State Transport Commissioner on the recommendations of the Chief Medical Officer of the district concerned for this purpose alongwith a certificate issued by the St. John's Ambulance or any of its units in the State in Form FAB.
(2) In the case of an application for grant of a conductor's licence, if the licensing authority has reason to believe that the applicant is physically unfit to perform the duties of a conductor, it may call upon him to furnish a third copy of his clear and recent photograph in addition to the photographs already furnished under sub-rule (1) and to produce another medical certificate of fitness in Form 'MC Con' from a Medical Board appointed by the State Transport Commissioner on the recommendations of the Chief Medical Officer of the district concerned for this purpose and the photograph so furnished should be firmly affixed with the application duty signed and sealed by the registered medical practitioner.
(3) No person shall be eligible to make application under sub-rule (1) for the grant of Conductor's Licence, unless he, -
(i) [Section 38(2)(c)] is a Matriculate with Punjabi as one of the subjects;
(ii) possess knowledge of the provisions of the Act and the rules made thereunder;
(iii) is conversant with the duties and functions of a Conductor;
(iv) is of a sound physique; and
(v) gives satisfactory proof of his good character.
(4) If the application for the grant of a conductor's licence is found to be in order by the licensing authority and the requirements of the provisions of Chapter II of the Act are met with, it may grant a conductor's licence in Form "L Con" which shall be valid for a period of three years from the date of issue and shall be effective throughout the State.
23. Countersignatures of conductor's licence. [Section 38(2)(j)] - A conductor's licence issued by a licensing authority having jurisdiction outside the State shall not be effective in the State, unless it is countersigned under the authority of a licensing authority having jurisdiction in the State in the manner as is applicable for removal of a conductor's licence.
24. Renewal of conductor's licence. [Sections 30 and 38(2)(e)] - (1) An application for renewal of a conductor's licence shall be made to the licensing authority in Form L.Con. R.A. thirty days before the expiry of the licence and shall be accompanied by a cash receipt or treasury challan in token of payment of fee for renewal of the licence.
(2) If the licensing finds the application for renewal of a conductor's licence in order, it may renew the same by making an entry to that effect in the licence and renewal shall be valid for a period of three years from the date of the expiry of the licence :
Provided that if the authority renewing the licence is not the authority, which issued the licence, the authority renewing the licence shall intimate the fact of renewal to the authority which issued the licence.
25. Liability for producing Medical Certificate. [Section 31(2)(b)] - A person who has been authorised to act as a conductor of the stage carriages before the commencement of the Act, shall, within a period of twelve months from the date of such commencement, produce a medical certificate from the authority specified under rule 22 failing which he shall be disqualified under section 31 to act as a conductor.
26. Grant of duplicate conductor's licence. [Section 38(2)(f)] - If at any time a conductor's licence is lost or destroyed or mutilated or the photograph affixed thereto ceases, in the opinion of the licensing authority, to be of reasonable likeness of the holder the licensing authority shall proceed in such case in accordance with the provisions contained in rule 10 or 11, as the case may be.
27. Appellate authority. [Sections 33, 34 and 38(2)(e)] - The appellate authority for the purpose of sub-section (2) of Section 3 and sub-section (4) of section 34 shall be the State Transport Commissioner.
28. Conduct and hearing of appeals. [Section 38(2)(a)] - (1) An appeal under sub-section
(2) of section 33 or sub-section (4) of section 34 shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear a cash receipt of rupees twenty setting forth concisely the grounds of objections to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against.
(2) When an appeal is preferred, the appellate authority shall issue a notice to the licensing authority against whose order the appeal is preferred and cause it to send the relevant record.
(3) The appellate authority may, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary confirm, vary or set aside the order against which the appeal is preferred and shall make an order accordingly.
(4) Any person preferring an appeal under sub-rule (1) shall be entitled to obtain a copy of any document filed with the licensing authority in connection with the order appealed against on payment of fee at the rate of rupees two per page.
(5) Any person preferring an appeal shall be entitled to inspect the file of the appellate authority by making an application bearing a cash receipt or a treasury challan of,-
(a) in respect of an urgent inspection, - rupees ten; and
(b) in respect of an ordinary inspection, - rupees five.
(6) A copy of the order made by the appellate authority in appeal may be obtained on payment of a fee at the rate of rupees two per page.
29. Conductor's badge. [Section 38(2)(h)] - (1) The conductor of a stage carriage shall display on his left breast a metal badge in the form specified in the First Schedule to these rules issued by the licensing authority and inscribed with the name of the licensing authority by whom the conductor's licence is granted and the word "Conductor" together with the identification number.
(2) A conductor shall not hold more than one badge issued by a licensing authority in the State.
(3) The fee for the issue of a conductor's badge shall be rupees five and if the badge is lost or destroyed, a duplicate badge shall be issued by the licensing authority which issued it on payment of rupees ten.
(4) If at any time a conductor is disqualified for holding conductor's licence or his licence is revoked by the licensing authority or by any court or if it ceases to be valid by the efflux of time, the conductor shall within seven days from such disqualification, revocation or efflux, as the case may be, surrender the badge to the authority by which it was issued.
30. Badge not to be transferred. [Section 38(2)(h)] - (1) No conductor shall lend or transfer his badge to any other person and no conductor shall wear a badge other then one issued to him by the licensing authority.
(2) Any person finding a conductor's badge shall, unless he returns the same to the holder, forthwith surrender it to the licensing authority by which it was issued or to a police officer.
31. Driver performing the duties of conductor. [Section 38(2)(b)] - Any driver of a stage carriage may perform the duty of a conductor of a stage carriage temporarily for a period not exceeding ten days without getting a conductor's licence when he is so authorised with the prior approval of the Regional Transport Authority concerned, by any offer not below the rank of a Traffic Manager in the case of a State Transport Undertaking and by a Director or Managing Partner in the case of a transport company or a transport firm or a transport cooperative society:
Provided that such driver should be able to perform the first aid duties and should possess educational qualifications as specified in sub-rule (3) of rule 22 for obtaining conductor's licence.
32. Duties, functions and conduct of a conductor. [Section 38(2)(c) and (h)] - The conductor of a stage carriage shall, -
(i) charge fares specified for the journeys or stages of the journeys and shall issue tickets to all the passengers and shall ensure that no one travels without a valid ticket;
(ii) not smoke in or on a vehicle during a journey or when it has passengers on board;
(iii) behave in a civil and orderly manner to passengers and intending passengers;
(iv) be cleanly dressed in such manner as the State Transport Authority may specify;
(v) maintain the vehicle in a clean and sanitary condition;
(vi) not interfere with persons mounting or preparing to mount upon any other vehicle;
(vii) not allow any person to be carried in public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing in the vehicle;
(viii) not wilfully deceive or refuse to inform any passenger or intending passengers as to the destination or route of the vehicle or as to the fate for any journey;
(ix) not, save for good and sufficient reason, refuse to carry any person tendering the legal fare;
(x) take all reasonable precaution to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods where goods are carried on the vehicle in addition to the passengers;
(xi) not, save for good and sufficient reasons, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;
(xii) not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time table pertaining to the vehicle or where there is no such time table, with all reasonable despatch;
(xiii) in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond his control or the driver, arrange to convey the passengers to their destination in some other similar vehicle, or if unable to arrange within a period of one hour after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;
(xiv) not in the case of a stage carriage cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;
(xv) Pay the fee fixed under sub-rule (1) (d) 4 of rule 200, when using a stand and comply with relevant condition subject to which the place is authorised as a stand;
(xvi) take due care for the safe carriage of luggage belonging to the passengers;
(xvii) take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle;
(xviii) not, when the vehicle is in motion, distract his attention without reasonable cause or speak to any person unless it is absolutely necessary so to do;
(xix) take all reasonable precautions to ensure that all means provided for indicating the route fares and destination of the vehicle are clearly and correctly displayed in or on the vehicle;
(xx) follow the signalling devices provided for starting and stopping the vehicle and in no circumstances must the vehicle be started by shouting to the driver stamping the feet, tapping on the partition or by other unauthorised methods of signalling;
(xxi) not argue with passengers and must give his name and badge number when asked to do so;
(xxii) not come on duty under the influence of any intoxicant;
(xxiii) assist the passengers loading and unloading their luggage on way side halts; and
(xxiv) not allow any passenger or some other person such as vendor, hawker or seller to beg, sell or offer any article for sale in or on the vehicle;
CHAPTER IV Registration of Motor Vehicles
33. Registering authority. [Section 65(2)(b)] - (1) The licensing authority as specified under Rule 3 shall be the registering authority for the purpose of registration of the vehicles within his jurisdiction :
Provided that for the purposes of registration of a tourist vehicle, the registering authority shall be the Secretary, State Transport Authority, Punjab, whose area of jurisdiction shall be whole of the State. [(1-A) For the purpose of registration of non-transport vehicles on first sale under subsection (3), (5) and (6) of Section 41 of the Motor Vehicles Act, 1988 from a dealer holding valid trade certificate, the Government may empower conditions as may be specified from time to time by it any such dealer who holds a degree from any recognised university.]
(2) On production of vehicle for registration as provided under section 44, the registering authority or an authority authorised by the Government in this behalf, shall satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of the Act and the rules framed thereunder.
34. Appellate Authority. [Sections 57 and 65(2)(b) and (p)] - The State Transport Commissioner shall be the appellate authority for the purpose of section 57.
35. Conduct and hearing of appeals. [Section 65(2)(a)] - (1) An appeal under section 57 shall be preferred in duplicate in the form of a memorandum one copy of which shall bear cash receipt or treasury challan of rupees twenty setting forth concisely the grounds of objection to the order of the registering authority or the Board of Inspection, as the case may be and shall be accompanied by a certified copy of the order appealed against.
(2) When an appeal is preferred, a notice shall be issued to the registering authority and in the case of an appeal against the order of the Board of Inspection to the Motor Vehicles Inspector, in such form as the appellate authority may direct and cause the relevant records to be sent.
(3) The appellate authority may, after giving an opportunity to the party to be heard and after such further enquiry, if any, as it may deem necessary, confirm, vary, or set aside the order of registering authority or the Board of Inspection, as the case may be, and shall make an order accordingly.
(4) Any person preferring an appeal under sub-rule (1) shall be entitled to obtain a copy of any document filed with the registering authority or the Board of Inspection in connection with the order appealed against and a copy of the order of the registering authority or the Board of Inspection on payment of a fee at the rate of rupees two per page.
(5) Any person preferring an appeal under sub-rule (1) shall be entitled to inspect the file of the appellate authority by making an application bearing a cash receipt or a treasury challan of, -
(a) in respect of an urgent inspection - [rupees twenty]
(b) in respect of an ordinary inspection - rupees five;
(6) A copy of the order made by the Appellate authority in appeal may be obtained on payment of a fee at the rate of [rupees five] per page.
36. Reference to expert. [Section 65(2)(a)] - (1) In the course of an appeal against a refusal to issue a certificate of fitness under section 56, the applicant may demand at his own cost that the opinion of an expert accepted by himself and approved by the appellate authority may be taken.
(2) If the appellate authority accepts the demand for reference to an expert, it shall frame issues and refer the same to him for his opinion.
(3) Where reference under sub-rule (2) is made to an expert, his opinion shall be accepted as final.
37. Manner for exhibiting the particulars of transport vehicles. [Sections 58(2) and 65(2)(g).] - (1) Save in the case of a motor car, the particulars set forth in Form PPTV, shall be exhibited in a fixed frame inside the transport vehicle in the driver's cabin, in English letters and numerals.
(2) The full name of the transport company, transport society, Transport Firm owning the vehicle and registration mark as set forth in its registration certificate shall be exhibited on both sides of every transport vehicle in Punjabi language as well as in Hindu language or English block letters measuring 100 milimetres in height and 20 milimetres in thickness:
Provided that with the approval of the Regional Transport Authority concerned abbreviations of names may be used.
38. Board of Inspection for issue or renewal of certificate of fitness. [Sections 56 and 65(2)(a)] - (1) The functions to grant or renew a certificate of fitness of a transport vehicle other than tourist vehicles and all other functions which are to be discharged by a prescribed authority under section 56 shall be performed by a Board of Inspection within their jurisdiction which may be laid down by the State Transport Commissioner.
(2) A Board of Inspection shall consist of, -
(a) the District Transport Officer concerned; or any other Officer appointed by the State Transport Commissioner; and
(b) a Motor Vehicles Inspector or any other officer appointed by the State Transport Commissioner:
Provided that in the case of a tourist vehicle, the Secretary, State Transport Authority shall be the member of the Board of Inspection in place of the District Transport Officer.
(3) In the event of a difference of opinion between the members of a Board of Inspection regarding the fitness of a vehicle, the decision of the Board of Inspection shall be deemed to be that the vehicle is not fit and an order shall be made in the name of the Board of Inspection refusing to grant or renew the certificate of fitness or cancelling the certificate of fitness.
39. Application for certificate of fitness. [Sections 65(2)(b)] - (1) For the grant or renewal of a certificate of fitness, a transport vehicle shall be presented to the Board of Inspection or to an authorised testing station in whose functional area the vehicle is kept or whose functional area includes the major portion of the route or area to which the permit of the vehicle extends:
Provided that the Board of Inspection or an authorised testing station shall keep in view, in addition to other matters, the design of the vehicle to be of the type approved by the State Transport Authority for grant of a certificate of fitness.
(2) If owing the mechanical break-down or other cause a transport vehicle is, at the time when the certificate expires, outside the functional area of the Board of Inspection or an authorised testing station by which the certificate is to be renewed, any other Board of Inspection or an authorised testing station may, without prejudice to any penalty to which the owner may have become liable, if the vehicle is in the opinion of the Board of Inspection or authorised testing station fit for use by endorsement in Form "C.F. Sub" and subject to such conditions as the Board of Inspection or an authorised testing station may, specify may authorise its continued use for such a time as may reasonably be necessary for the vehicle to return to the area of the Board of Inspection or an authorised testing station by which the certificate should be renewed. The vehicle may thereupon be driven to such area in accordance with such endorsement, but shall not be used after return to that area until the certificate has been renewed. [39A. Penalty for Vehicle remained without Fitness.] - The owner of a transport vehicle shall, if the fails to present his vehicle before the Board of Inspection of an authorised testing station, on or before the date of expiry of certificate of fitness or within such period so specified by Board of Inspection for its renewal, be liable to pay the following composition fee/penalties in additions to fee specified for renewal of certificate of fitness under rule 81 of the Central rules :- Period of Delay Amount of Penalty
(a) For each day upto 15 days Rupees ten per day subject to maximum of Rupees Fifty.
(b) More than 15 days upto 3 months Rupees ten per day subject to maximum of Rupees five Hundred
(c) More than 3 months up to 6 Rupees ten per day subject to maximum of Rupees One Thousand months
(d) More than 6 months up to one year Rupees ten per day subject to maximum of Rupees Two Thousand
(e) More than one year Rupees Two thousand per year and Rupees ten for every additional day
Provided that the Government may by general of special order and subject to such condition as may be specified, exempt, any person or class of persons from payment of all or portion of penalty payable.
40. Procedure of Board of Inspection or an authorised testing station. [Section 65(2)(b)] - (1) A Board of Inspection or an authorised testing station before which a vehicle is produced for the issue or renewal of a certificate of fitness may,-
(a) issue a certificate of fitness or renew the same in respect of the vehicle;
(b) defer decision regarding the issue or renewal of a certificate of fitness pending the rectification of certain defects; or
(c) refuse to issue a certificate or renew the certificate. Where the course specified in clause (b) is followed, a Board of Inspection or an authorised testing station shall supply the owner of the vehicle or his agent with a list of the defects requiring correction in Form C.F.X., and pending the carrying out of the repair shall suspend and impound any certificate of fitness previously in force in respect of the vehicle. In completing Form C.F.X., the Board of Inspection or an authorised testing station shall note the conditions under which it shall be permissible for the vehicle to be used pending the grant or renewal of the certificate. These conditions shall in no case permit the use of the vehicle for the conveyance of passengers for hire or reward or for the carriage of goods other then goods carried in connection with the repairing of the vehicle.
(2) If a Board of Inspection or an authorised testing station defers its decision under clause
(b) of sub-rule (1) in case of a renewal of a certificate of fitness and supplies the owner of the vehicle or his agent with a list of defects in Form C.F.X., and if thereafter the vehicle is not produced for further examination within a period of two months or within such period as my have been specified by the Board of Inspection or an authorised testing station in Form C.F.X., the certificate of fitness shall be deemed to be cancelled with effect from the date on which its duration expires.
(3) In issuing or renewing a certificate of fitness, a Board of Inspection or an authorised testing station shall endorse thereon the period for which the certificate of fitness shall remain effective in accordance with the provisions contained in rule 62 of the Central Rules.
41. Report to be made when a certificate of fitness is cancelled or renewal is refused. [Section 65(2)(b)] - A Board of Inspection or an authorised testing station shall intimate to the Regional Transport Authority by whom the permit of the vehicle was issued at the first instance and also to the registering authority of the District where the vehicle stands registered, the fact of cancellation of a certificate of fitness or refusal to renew the certificate of fitness, as the case may be and in both the cases referred to above, a Board of Inspection or on authorised testing station shall impound the certificate of fitness and forward it to the Registering Authority concerned.
42. Temporary registration of motor vehicles. [Section 43 and Section 65(2)(b)] - (1) When for any reason it is impracticable for the purchaser of a new motor vehicle to obtain a registration certificate in the ordinary course, owing to a temporary closure of the office of the registering authority or for other reasons, or where the purchaser of a new motor vehicle intends to export it at once beyond the limits of the State or to take it immediately to the District where he has his permanent residence or place of business, a temporary certificate of registration mark may be issued by the registering authority, firm of vehicles, dealer or manufacturer of vehicles appointed by the Government in this behalf subject to the provisions of sub-rule (2) and the temporary certificate and registration mark shall for the time being serve all the purposes of a regular certificate of registration and registration mark :
Provided that the names of persons or the firm as aforesaid who shall be competent to sign the temporary certificate or registration shall be specified by the District Transport Officer on the recommendation of the State Transport Commissioner.
(2) A temporary certificate of registration or a temporary registration mark shall not be issued except in respect of a vehicle which has not previously been registered under the Act.
(3) Every application for a temporary certificate of registration shall be in writing and shall indicate the District or place where the vehicle is intended to be produced for permanent registration and shall be supported by a certificate from the person or firm from whom the vehicle has been purchased indicating the date of purchase of the vehicle.
(4) On receipt of application in terms of the provisions of sub-rule (3) the registering authority, firm of vehicles, dealer or manufacturer authorised under sub-rule (1) may issue a temporary certificate of registration in "Form CR Tem. Foil A".
(5) If the place in which it is intended permanently to register the vehicle is in India "foil B" of Form CR Tem. shall be despatched immediately to the registering authority of the District in which it is to be registered and in other cases the said foil B shall be dealt with according to such directions as may be issued by the Government from time to time. The counterfoil together with the application and its accompanying certificate shall be kept on record by the firm issuing the permit and shall be made available for the inspection of the registering authority of the District at the end of every calendar month or at such other intervals as the registrating authority may direct. The counterfoils with the application and certificate, shall unless they are taken by the registering authority into his own charge, be preserved by the said firm for a period of not less than twelve months from the date of issue.
(6) In the case of vehicles intended to be permanently registered in the State, the registering authority receiving foil B under sub-rule (5) shall forthwith send an acknowledgement to the firm which issued it and that firm shall attach the acknowledgement to the counterfoil.
(7) A firm issuing a temporary certificate of registration shall at the same time assign to the vehicle a mark to be displayed thereon in the matter specified in rule 51 of the Central Rules, the letters and figures composing the marks being in red on a yellow ground.
(8) The fee for temporary registration under this rule shall be half of the registration fee as specified in rule 81 of the Central Rules.
(9) the enable the firm empowered under sub-rule (1) to fulfil the requirements of sub-rule
(7), the registering authority of the District shall earmark a block of registration mark out of those assigned to the District for the purpose.
(10) Where a motor vehicle temporary registered is a chasis to which a body has not been attached and the same is detained in a workshop beyond the period of one month specified in sub-section (2) of section 43, in such a case the registering authority may allow extension in temporary registration up to a period of twelve months on payment of fee at the rate of half of the specified for temporary registration under sub-rule 8:
Provided that for extension beyond the period of three months a fee at the rate of rupees fifty for every month shall be charged. [42A. Fee for assignment of registration mark of choice.] - The Registering Authority shall assign a registration mark to the owner of a motor vehicle of his choice from amongst the registration marks, as specified in the Sixth Schedule, to these rules on payment of such additional fee, as may be fixed by the Government from time to time:
Provided that if the owner of a motor vehicle holding any of the numbers, specified in the Sixth Schedule, from any previous series, wants to retain that number for his new motor vehicle, he shall be charged half of the fee, fixed for that number :
Provided further that the Registering Authority may assign unutilised specified registration marks to motor vehicles owned by the State Government without charging any additional fee. [Provided further that if an owner of a motor vehicle holding any of the registration mark, from any fancy registration mark of choice from any previous registration series, wants to retain that registration mark, for his new motor vehicle, he shall not be charged any additional fee.]
43. Loss or destruction of certificate of registration of a vehicle other than transport vehicle. [Section 65(2)(d)] - (1) If at any time the certificate of registration of a vehicle other than a transport vehicle is lost or destroyed the owner shall forthwith intimate the facts, in writing, to the registering authority by whom the certificate of registration was issued or by whom the registration marks of the vehicle was assigned under section 47 and shall apply in Form 26 of the Central Rules to the said registering authority for the issue of a duplicate certificate of registration and certificate of fitness.
(2) On receipt of an application under sub-rule (1) together with fee as specified in rule 81 of the Central Rules, the registering authority may, after making such enquiries as may appear necessary, issue a duplicate certificate of registration in Form 23 of the Central rules, stamped 'Duplicate' in red ink.
44. Loss or destruction of certificate of registration and certificate of fitness of a transport vehicle. [Section 65(2)(d)] - (1) If at any time the certificate of registration or the certificate of fitness of a transport vehicle is lost or destroyed, the owner shall forth-wth intimate the fact, in writing, to the registering authority by whom the certificate of registration was issued or by whom the registration marks of the vehicle was assigned under Section 47 and shall apply in Form 26 of the Central Rules to the said registering authority for the issue of duplicate certificate of registration and certificate of fitness.
(2) On receipt of an application under sub-rule (1) together with fee as specified in rule 81 of the Central Rules, the registering authority may, after making such enquiries as may appear necessary, issue a duplicate certificate of registration in Form 23 of the Central Rules, stamped 'Duplicate' in red ink.
45. Procedure when a lost certificate is subsequently found. [Section 65(2)(d)] - (1) When a duplicate certificate of fitness or certificate of registration has been issued upon representation of the holder thereof that the original has been lost and if the original is afterwards found, the original certificate of fitness or certificate of registration shall be delivered forthwith to the registering authority.
(2) Any person other than holder thereof finding a certificate of fitness or certificate of registration shall deliver it to the holder of the nearest Police Station.
46. Temporary receipt for certificate of registration or certificate of fitness taken into possession by a competent authority. [Section 65(2)(d)] - (1) When the holder of certificate of registration and a certificate of fitness of a transport vehicle has submitted them to a registering authority, Board of Inspection, a court, a police officer or to any other person authorised by the Government under section 206 or for any purpose under the Act or these rules and neither the certificate of registration nor the certificate of fitness has been suspended or cancelled, the authorities or the person as aforesaid shall furnish him with a receipt for the certificate of registration in Form R Temp. and during such time as the receipt shall be specified to remain in force it may be produced in place of the certificate of registration or the certificate of fitness under sub-section (1) of Section 130.
(2) Any authority or the person granting a receipt under sub-rule (1) may at his discretion extend the period thereof by order endorsed thereon.
(3) No fee shall be payable in respect of a receipt given under this rule.
47. Fee for late registration, assignment of registration mark and transfer of ownership. [Section 65(2)(k)] - The owner of a motor vehicle shall, if be fails to make an application under sub-section (13) of section 41, sub-section (1) of section 47 or sub-section
(5) of section 50 within the period specified in rule 54 of the Central rules, be liable to pay the following amount in addition to the fee specified for registration, assignment of registration mark or transfer of ownership of vehicles under rule 81 of the Central Rules if the same has not already been paid namely :- For vehicles other than transport vehicle For transport vehicle (in Rupees) (in Rupees)
(i) for delay not exceeding three months Ten Twenty
(ii) for delay exceeding three months but not exceeding six months Twenty Forty
(iii) for delay exceeding six months but not exceeding twelve months Thirty Sixty-five
(iv) for delay exceeding one year but not exceeding two years Forty Eighty
(v) for delay exceeding two years Fifty One hundred.
48. Intimation of transfer of ownership. [Sections 50 and 65(2)(i)] - (1) An intimation of transfer of ownership of a motor vehicle shall be made in Form T.O.
(2) A registering authority making any entry of transfer of ownership, if it is not the original registering authority shall communicate the transfer of ownership to the original registering authority in Form CRTI.
49. Reassignment of registration marks. [Sections 47, 51 and (65)(2)(b)] - The registering authority assigning a new registration mark to a motor vehicle shall intimate the fact to the owner and the other party, if any, of an agreement of hire-purchase specified in the note on the certificate of registration and shall apply in Form R.M.I. to the registering authority with whom the vehicle stands registered for transfer of the records of the vehicles.
50. Vehicle entering the State from outside. [Sections 47 and 65(2)(p)] - When any motor vehicle which is not registered in the State has been kept therein for a period exceeding fourteen days, the owner or other person in-charge of the vehicle shall send intimation to the registering authority of the District in which the motor vehicle is at the time of making the report and shall intimate -
(a) his name and permanent address and the address where the motor vehicle is kept for the time being;
(b) the registration mark of the motor vehicle;
(c) the make the description of the motor vehicle; and
(d) in the case of a transport vehicle the name of the authority within the State by whom the permit has been issued or countersigned:
Provided that in case of a transport vehicle covered by a permit having validity in the State, it shall be necessary to make a report under this rule only at the time of first entry in the State.
51. Delay in intimation of change in residence or place of business. [Sections 49(4) and 65(2)(k)] - (1) If the owner of a motor vehicle fails to comply with the provisions of subsection (1) of section 49 the registering authority may require him to pay the following amount namely :-
(a) for delay exceeding thirty days but not exceeding three months Rupees Ten
(b) for delay exceeding three months but not exceeding six months Rupees Twenty
(c) for delay exceeding six months but not exceeding nine months Rupees Forty
(d) for delay exceeding nine months but not exceeding twelve months Rupees Sixty
(e) for delay exceeding one year but not exceeding two years Rupees Eighty
(f) for delay exceeding two years Rupees one Hundred
52. Exemption of road rollers and the like. [Section 65(2)(c)] - The provisions of Chapter IV of the Act and the rules of this Chapter shall not apply to the road rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning roads and which are owned by the Government of Punjab.
53. Intimation to Financiers. [Section 51(10)] - An intimation regarding any entry in the certificate of registration, as required under sub-sections (10) and (11) of section 51 of the Act shall be made to the financier in Form H.P. Entry by the registering authority immediately on the date of such entry being made.
54. Information of stolen and recovered vehicles. [Sections 62 and 65(2)(n)] - The returns regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware under section 62 shall be sent every month to the State Transport Commissioner in Form S.R.V.
55. State of Motor Vehicles. [Sections 63 and 65(2)(o)] - (1) In pursuance of section 63, the State Register of Motor Vehicles shall be maintained in the office of the State Transport Commissioner in Form 39 of the Central Rules.
(2) The State Register of Motor Vehicles shall also be maintained in triplicate in the offices of each of the registering authorities in the Form referred to in sub-rule (1) and a copy of each page of it in duplicate shall be forwarded to the State Transport Commissioner every month. Each entry on the said register shall be attested by the registering authority or by a person so authorised to sign by the State Transport Commissioner.
CHAPTER V Control of Transport Vehicles
56. Term of appointment of members of the State Transport Authority and Regional Transport Authority. [Section 96(2)(i)] - (1) Any official member of the State Transport Authority or a Regional Transport Authority shall continue as such till such time as the Government may otherwise order and a non- official member of the State Transport Authority or a Regional Transport Authority shall hold office for a period of two years from the date of his appointment and thereafter not more than two months, unless he is reappointed by the Government :
Provided that the Government may at any time remove any non-official member:
Provided further that when any non-official member dies or is removed or vacates office, his successor shall hold the appointment for the remainder of the period of office of the member whose place he takes and thereafter until a successor is appointed.
(2) A non-official member of the State Transport Authority or a Regional Transport Authority shall be entitled to travelling allowance and halting allowance for attendance at meeting and for any journey(s) performed by him under the orders of the Chairman of the concerned authority in connection with the business of the authority at the rates admissible to Grade I officers of the Government of Punjab:
Provided that, -
(a) a non-official member, who has his residence at a place other than the headquarters of the authority, will draw halting allowance at full rate even for the day on which he may not have halted for full twenty-four hours at place at which the meeting of the authority is held; and
(b) where a non-official member is a member of the Punjab Legislative Assembly, he shall be entitled to draw travelling allowance as is admissible to him under the Punjab Legislative Assembly (Allowance of Members) Act, 1942 and the rules framed thereunder.
57. Conduct of business by the State Transport Authority. [Section 90(2)(1)] - (1) The State Transport Authority shall meet at such times and at such places as its Chairman may appoint :
Provided that the State Transport authority shall meet not less than once in each of the calender quarters January to March, April to June, July to September and October to December :
Provided further that a clear ten days notice of each meeting shall be given.
(2) Three members shall constitute a quorum, at a meeting:
Provided that if a quorum is not present within half-an-hour after the time fixed for the meeting, the meeting shall be adjourned to such day not earlier than ten days and at such time and place, as the Chairman or in his absence a member acting as Chairman may appoint, and even if at such meeting a quorum is not present, within half-an-hour from the time appointed for the meeting, the members present shall form a quorum.
(3) The Chairman, if unable to attend a meeting shall nominate a member to act as Chairman at the meeting and if he fails to nominate a member to act as Chairman, then the members present shall elect a member to act as Chairman at the meeting.
(4) The Chairman or the member acting as Chairman shall have a second or casting vote.
58. Conduct of business by a Regional Transport Authority. [Section 92(2)(i)] - (1) Every Regional Transport Authority shall meet at such time and at such places as its Chairman may appoint :
Provided that a Regional Transport Authority shall met not less than once in each month unless the State Transport Authority, otherwise directs :
Provided further that a clear ten days' notice of each meeting shall be given.
(2) Two members shall constitute a quorum at a meeting :
Provided that if a quorum is not present within half-an-hour after the time fixed for the meeting, the meeting shall be adjourned to such day not earlier than ten days and at such time and place as the Chairman or in his absence a member nominated by him under subrule (3) to act as Chairman may appoint, and even if at such meeting a quorum is not present within half-an- hour from the time appointed for the meeting, the members present shall form a quorum.
(3) The Chairman, if unable to attend a meeting, shall nominate a member to act as Chairman at the meeting and if he fails to nominate a member to act as Chairman, the members present shall elect a member to act as Chairman at the meeting.
(4) The Chairman or the member acting as Chairman shall have a second or casting vote.
59. Provisions of rules 57 and 58 not to apply in certain cases. [Section 68] - The provisions contained in rules 57 and 58 shall not apply in case the State Transport Authority or a Regional Transport Authority is constituted consisting of only one member.
60. Procedure for conduct of business. [Section 96(2)(i)] - (1) Subject to the provisions of the Act and these rules, the State Transport Authority or a Regional Transport Authority shall have power to make bye-laws to regulate the conduct of its business and shall likewise have powers to amend such bye-laws and the business of such authorities shall be conducted accordingly under the directions of the Chairman of the respective authority.
(2) The Secretary concerned of the authority referred to in sub-rule (1) shall issue to each member of the State Transport Authority or a Regional Transport Authority, as the case may be, a copy of the agenda ten days before the actual date of the meeting at which it is to be considered.
(3) Save in the case of the hearing of an objection to the grant of a stage carriage permit or of a goods carriage permit or a contract carriage permit, the State Transport Authority or a Regional Transport Authority, as the case may be; may decided any matter without holding a meeting by the majority of the votes of members recorded, in writing, and sent to the Secretary concerned (hereinafter this method to do referred as "procedure by circulation").
(4) In the procedure by circulation, the Secretary of the authority concerned shall send to each member such particulars of the matters as may be reasonably necessary in order to enable the member to arrive at a decision and shall specify the date by which the votes of the members are to be received in the office of the concerned authority. Upon receipt of the votes of the members as aforesaid, the Secretary concerned shall lay the papers before the Chairman, who shall record the decision by endorsement on the application for grant of a permit according to the votes received and the vote or votes cast by him. The record of the votes cast shall be kept by the Secretary and shall not be available for inspection by any person save by a member at a regularly constituted meeting of the concerned authority. No decision shall be made upon procedure by circulation if before the date by which the votes of the members are required to reach the office of the authority not less than one- third of the members of the authority by notice in writing to the Secretary, demand that the matter be referred to a meeting of the authority.
(5) The number of votes, excluding the Chairman's second or casting vote necessary for a decision to be taken upon procedure circulation shall not be less then the number necessary to constitute a quorum.
(6) Nothing in this rule shall prevent the State Transport Authority or a Regional Transport Authority to decide upon procedure by circulation any matter which has been considered at a meeting.
(7) When a matter is decided by votes of the members present at a meeting of the State Transport Authority or a Regional Transport Authority no person other than a member shall be entitled to be present and no record of the voting shall be kept save of the number of votes cast on either side:
Provided that when any matter is decided by the exercise of second or casting vote of the Chairman the facts shall be recorded.
(8) In case the non-official members of the State Transport Authority or a Regional Transport Authority differ on any matter en bloc from the official members, the matter shall be referred for decision to the Government in the case of State Transport Authority and to the State Transport Authority in the case of a Regional Transport Authority.
61. Conditions for issuing directions by the State Transport Authority. [Sections 68(4) and 96(2)(xxxiii)] - While issuing directions under sub- section (4) of Section 68 the State Transport Authority shall ensure that there is no undesirable and uneconomic competition amongst the holders of the permits and it shall also ensure compliance of the limits upon the number of permits and on the classes of permits for a specified route or area, if imposed.
62. Forms of applications. [Section 96(2)(iv)] - Applications for grant of a permit of vehicle under section 70, section 73, section 76, section 77 or section 87 shall be made in the following Forms mentioned against each, namely:- Description of vehicle Form
(i) Stage carriage .. PSt SA
(ii) Contract Carriage .. P.Co.P.A.
(iii) Private Services vehicles .. PPSVA
(iv) Goods carriage,-
(a) for or in connection with trade or business .. PGCT. BA
(b) for hire or reward .. PGT. HRA
(v) Temporary permit .. PTem. A
(vi) Special permit under Sections 88(8) .. S.P.
63. Particulars of application. [Section 96(2)(iv)] - An application for grant of permit of a vehicle made under section 70, section 73, section 76, section 77 or section 87 shall be accompanied by the following documents, namely :-
(i) cash receipt or treasury challan regarding payment of application fee;
(ii) certificate of Scheduled Castes (in case the application is made for grant of a permit against reserved percentage);
(iii) affidavit to the effect that the applicant held at any time any temporary or regular permit and if so the details of permits previously held alongwith number of vehicles in the fleet and arrangements for their housing and repair, individually or as a member of a Transport Society, a transport company or a transport firm;
(iv) particulars of members of the transport society, transport company or transport firm alongwith certificate from the Registrar, Co- operative Societies, Punjab, the Registrar of Firms, Punjab, or the Registrar of Companies, as the case may be, alongwith parentage, present address and permanent address of such partners or members;
(v) clearance Certificate regarding payment of taxes and no objection certificate from the financier for each vehicle; and
(vi) discharge certificate in case of being an ex-servicemen.
64. Omitted vide Notification dated 26.11.1997.
65. Forms of Permits. [Sections 96(2)(iv) and 88] - (1) A permit under section 72, section 74, section 76, section 79, section 80 or section 87 shall be in the following forms, namely :- Description of permit Form
(i) Stage carriage permit .. P.St.S. *[(i-a) Reserve Stage Carriage permit .. R.St.O.P.]
(ii) Contract carriage permit .. P.Co.P.
(iii) Private service vehicle permit .. P.P.S.V.
(iv) Goods carriage permit-
(a) for or in connection with trade or business .. PGCT B
(b) for hire or reward; .. PGC HR
(v) Temporary permit .. P.Tem.
(vi) Special Permits .. S.P.
(vii) National Permit .. P.N.P.G.C. **[(viii) Toursit permit, .. Pb.T.P.] *Inserted vide Punjab Government Notification No. G.S.R.41/C.A.59/88/S.96/Amd.
(17)/2002, dated 25.9.2002. **Inserted vide Punjab Government Notification No. G.S.R.41/C.A.59/88/S.96/Amd.
(17)/2002, dated 25.9.2002. [(2) In the event of break-down or mechanical defect of any stage carriage for which a permit has been issued, the holder of such a permit, may, also be issued a permit in Form R.St. O.P. for such vehicles, as may be kept, as reserved for maintaining the operation and to provide for special occasions as envisaged under clause (xvii) of sub-section (2) of section 72 of the Act, subject to such conditions, as may be imposed by the Regional Transport Authority.]
66. Extension of validity of permits. [Sections 86(i) and 96(2)(xi)] - (1) With the concurrence of the other Regional Transport Authority, concerned and subject to the control of the State Transport Authority a Regional Transport Authority which issues a permit other than a permit in Form PS may extend the effect of the permit to any other region or part of a region within the State and may attach conditions of 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 occurrence of the State Transport Authority and subject to any conditions 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 Stated Transport Authority or a Regional Transport Authority of any of the signatory States of the agreement referred to in sub- section (4) of the section 88 in terms of such agreement shall be valid without countersignatures in the State on all National and State highways specified in that agreement [subject to payment of such tax as may be leviable by the Punjab State and a receipt to that effect in form RPF of these rules is carried alongwith the permit.]
(4) The 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 his counterpart of the other State or region in which the permit has to take effect.
67. Application fee for grant or renewal of permit. [Section 96(2)(vii) and (viii)] - [(1) Every application for the grant or renewal of a stage carriage permit, contract carriage permit, goods carriage permit, special or temporary permit for fairs or booked parties on contract carriage or tourist permits or any other permit granted under the Act, shall be accompanied by a cash receipt or a treasury challan showing the deposit of following fees namely :- Description of Motor Vehicles Rate of Fees 1 2 A. (a) Buses Rs. 2,000
(b) Mini Buses Rs. 1,500
(c) Tourist Maxi Cabs Rs. 400
(d) Motor Cabs (for operation in Punjab territory/Tourist Cabs/Goods Carriage Rs. 200
(c) Tempos or Auto Rickshaw Rs. 100
(f) Other Vehicles Rs. 50 B. (a) Fee for a Special Permit Rs. 100
(b) Fee for temporary permits for two days Rs. 100 C. Fee for a duplicate copy of a permit Rs. 100
Provided that no fees shall be payable for a permit issued to foreign Embassies in India in respect of transport vehicles owned by such Embassies :
Provided further that no special or temporary permit shall be issued to a vehicle which is not covered by any regular permit :
Provided further that a special or temporary permit shall also not be issued to any permit holder of a stage carriage who do not maintain reserve fleet required in accordance with the directions of the State Transport Authority or the Regional Transport Authority, as the case may be.]
(2) Where the permit of a vehicles is countersigned under section 88 for more than region, fee at the rate shown in rule 68 as payable for counter- signatures shall be levied in respect of each additional region.
(3) In case where a Regional Transport Authority acting under sub-rule (1) of rule 66 extends the effects of a permit to an area or route in another region, a supplementary fee shall be a payable at the rate specified in rule 68 as if the permit had been countersigned for the second region :
Provided that if the additional area to which the permit is so extended is a part and not the whole of a region, the Regional Transport Authority may, at its discretion and subject to any directions that may be issued by the State Transport Authority, declare that no supplementary fee shall be payable:
Provided further that in the case of goods carriage permit or contract carriage permit, if the additional area to which the permit is so extended consists of two or more regions, the Regional Transport Authority may, at its discretion and subject to such directions, if any, as may be issued by the State Transport Authority, declare that only one countersignature fee shall be payable.
(4) In cases where an authority of another State acting under sub-rule (2) of rule 66 extends the effect of a permit to a route or area in the State, a supplementary fee shall be payable at the same rate as for countersignatures specified in rule 68.
(5) [-]
(6) Fees shall be paid in advocate to the Regional Transport Authority for the period for which the permit is issued. [(7) A Regional Transport Authority, receiving a fee for a permit or for countersignatures of a permit, shall prepare a separate receipt in the Form R.P.F.]
(8) The receipt for the last fee paid shall be attached to and displayed with [-] the permit.
(9) The fee paid for a permit shall stand forfeited if the permit is subsequently cancelled. [-] [68. Fees for issue and renewal of permits and for counter-signatures. - The following fees shall be payable for the issue/renewal of permits and special/temporary/duplicate permits under the Act, namely] :- Description of Motor Vehicles Rate of Permit Fee (For each region per year) 1 2 -1 (a) Buses Rs. 1,000
(b) Mini Buses Rs. 750
(c) Goods Carriage (Heavy) Rs. 400
(d) Goods Carriage (Light and Medium) Rs. 80
(e) Tempo/Auto Rickshaws Rs. 300
(f) Tourist Maxi Cab/Motor Cabs (within Punjab) Rs. 200
(g) Tourist Permit for Motor Cabs Rs. 100
(h) Special/Temporary permit up to one week and for each subsequent week or part thereof or for duplicate copy of a permit of any kind Rs. 200
(2) Fee for the counter-signatures of permits for Transport Vehicles registered in other States entering Punjab shall be payable as under :- Description of Motor Vehicles Rate of counter-signature fee per year For each region For Punjab
(a) Buses Rs. 1,000 __
(b) Mini Buses Rs. 750. __
(c) Goods Carriage (Heavy) Rs. 400 __
(d) Motor Cabs/Goods Carriage (Light and Medium) __ Rs. 500
(e) Tempo/Auto Rickshaws Rs. 300 Rs. __
(f) Maxi Cabs __ Rs. 1,000
(g) Private Service Vehicles __ Rs. 12,000".
Provided that where a temporary permit is granted pending consideration of application for a permit under section 70, section 73, section 76 of section 77, Regional Transport Authority may, in its discretion and subject to such directions, if any, as may be issued by the State Transport Authority, at the time of granting a regular permit direct that a sum equal to a part or the whole of any fee paid, for the temporary permit shall be deducted from the fee payable for the regular permit.
Provided that in the case of service of stage carriage the permit fee shall be charged on the basis of number of vehicles to be specified in the permit and accordingly Numbers of Parts B of the permit shall be issued.
Explanation - The expression "regular permit" used in this rule and in rule 69 means a permit issued after consideration of an application in accordance with the provisions of the Act. [(2) Fee for the counter-signatures of permits for transport vehicles registered in other State entering Punjab shall be payable as under] :- Description of Motor Vehicles Rate of counter-signature for Punjab per year (in rupees)
(a) Motor cabs Rs. 500.00
(b) Maxi cabs. Rs. 1000.00
(c) Private Service Vehicle Rs. 12000.00
(d) Goods Carriages (Light and Medium Goods Vehicles) Rs. 500.00 [68A. Fee for late issue and late renewal of permit.] - In case where the vehicle remained without permit or counter-signatures or renewal of permit, the following amount of fee In addition to fee for permit or counter-signatures specified under rule 68 of the said rules, shall be charged : Period of Delay Amount of Penalty
(a) For each day up to 15 days Rupees ten per day subject to maximum of Rupees Fifty
(b) More than 15 days up to 3 months Rupees ten per day subject to maximum of Rupees Five Hundred
(c) More than 3 months up to 6 months Rupees ten per day subject to maximum of Rupees One Thousand
(d) More then 6 months to one year Rupees ten per day subject to maximum of Rupees two thousand
(e) More than one year Rupees two thousand per year and Rupees ten for every additional day
Provided that the Government may be general or special order and subject to such condition as may be specified, exempt any person or class of person from payment of all or portion of penalty payable.
69. Fees for temporary permits. - [ - ]
70. Limitation of capacity of stage carriages and contract carriages. [Section 96(2)(xv)] - Save with the special permission of the Government, no permit or counter-signatures on the permit shall authorise the conveyance of more than seventy-two passengers, excluding the driver and the conductor in a stage carraige or contract carriage.
71. Conditions or carriage of goods in stage carriage and contract carriage. [Section 96(2)(xvi] - (1) No goods shall be carried on the top deck of a double decked Stage carriage.
(2) No goods liable to foul the interior of a vehicle or which makes it insanitary shall be carried at any time in any stage carriage or a contract carriage.
(3) The dangerous or hazardous goods as specified in rule 137 of the Central rules or any other goods as may be specified by the Regional Transport Authority shall not be carried in a stage carriage or a contract carriage.
(4) Subject to the provisions of the preceding sub-rules, the goods may ba carried in a stage carriage or contract carriage at any time in accordance with the conditions specified in the permit; provided that the obligation of the holder to carry passengers in accordance with the terms of the permit is discharged.
(5) When goods are carried in a stage carriage in addition to the passengers, the goods shall be of such a nature and shall be so packed and secured on the vehicle that no danger, inconvenience or discomfort is caused to any passenger. Such number of seats as may be specified in the permit shall be kept free and unimpeded for the use of passengers and the access to the entrance to and exit from the vehicle required under Chapter VIII shall be unobstructed.
(6) The weight in kilograms of goods and personal luggage other than the luggage and effects allowed under sub-rule (1) of rule 72 carried in a stage carriage or contract carriage shall not exceed the maximum number of passengers for which the vehicle stands registered minus the number of passengers carried or number of passengers for whom seats are kept free and unimpeded by goods, whichever is greater multiplied by one hundred and sixty :
Provided that in applying the provisions of the sub-rule to a double decked vehicle, account shall be taken of the number of passengers carried in the lower deck and the number of seats in the lower deck only.
72. Carriage of personal luggage in stage or contract carriage. [Sections 96(2)(xvi), 72(2)(xxiv) & 96(2)(xxxiii)] - (1) In the case of a permit for a stage carriage, it shall be a condition that the luggage and personal effects of each passenger shall be carried free of charges subject to the limits given below :- (A) a stage carriage operating on routes other than route operating in urban areas locally -
(a) 30 Kilograms for each passenger occupying a seat in a stage carriage registered as Deluxe or Air-Conditioned;
(b) 15 Kilograms for each passenger occupying a seat in a stage carriage other than referred to in clause (a) above. (B) Stage carriages operating on routes other than those specified in clause (A), 5 Kilograms for each passenger, provided the luggage is carried by the passenger in his lap or underneath his seat :
Provided that small articles such as overcoats and hand bags and the like shall not be weighed.
(2) Subject to any directions issued by the State Transport Authority, a Regional Transport Authority may impose on the use of any contract carriage conditions in regard to the weight of luggage and goods which may be carried therein, generally or in any specified area.
73. Conditions that may be attached to a stage carriage permit or contract carriage permit. [Sections 72(2)(xxiv), 74(2)(xiii) & 96(2)(xxxiii)] - A Regional Transport Authority may attach to a stage carriage permit or a contract carriage permit the following conditions in addition to those specified in sub-section (2) of Section 72, sub-section (2) of section 74, section 84 or sub-section (11) of section 88, as the case may be, namely :-
(i) a conductor shall be carried at the back of the vehicle;
(ii) the holder of a stage carriage permit shall provide specified uniforms to the driver and the conductor;
(iii) the holder of a stage carriage permit shall exercise supervision over the work and conduct of the employees as is necessary to ensure that the vehicle is operated in conformity with the provisions of the Act and the rules;
(iv) in the case of a contract carriage permit, no passenger or goods shall be taken up or set down en route; and
(v) 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 intimate that fact to the Regional Transport Authority by which the permit was given and if the alteration does not conform to the conditions of the permit, the Regional Transport Authority shall be at liberty to -
(i) vary the permit accordingly; and
(ii) require the permit-holder to provide a substitute vehicle within such period as the authority may specify and if the holder fails to comply with such requirement it may cancel or suspend the permit and the authority making a variation in the permit or cancelling or suspending the permit as aforesaid shall intimate this fact to the authority of any other region in which a permit is valid by virtue of counter-signatures otherwise.
74. Conditions that may be attached to a goods carriage permit. [Sections 79(2)(ix) and 96(2)(xxxiii)] - A Regional Transport Auothority may attach to any goods carriage permit the following conditions in addition to those specified in sub-section (2) of section 79 and section 84, namely :-
(a) no passenger or goods shall be taken up or set down en route;
(b) a condition restricting the type and the ownership of goods which may be carried; and
(c) no trailor shall be attached to the vehicle.
75. Cancellation or revocation of permit. [Section 96(2)(ix)] - When a permit has been granted on an application by a Regional Transport Authoirty in respect of a particular vehicle or service or vehicles and it appears that a permit has been granted by another Regional Transport Authority, -
(i) in respect of the same vehicle; or
(ii) in respect of a service of vehicles requiring the use of a greater number of vehicles that the holder of the permit possessed at the time of the application, the former Regional Transport Authority may, in consultation with the later Regional Transport Authority forthwith cancel or modify the permit in such manner as it may deem fit.
76. Temporary authorisation in lieu of permit. [Section 95(1)] - (1) When the holder of a permit has submitted [-] the permit, to the State Transport Authority or a Regional Transport Authoirty for renewal or countersignatures of the permit or for any other purpose, or when a police officer or any court or other person authorised by the Government under Section 206 has taken possession of a permit from the holder thereof, the aforesaid authorities or the person shall furnish to the holder a receipt for the permit and a temporary authorisat