NOTIFICATION 30 TH JANUARY, 2003
SCHEDULE TERMS AND CONDITION OF THE RECIPROCAL TRANSPORT AGREEMENT
(1) This agreement shall be valid till a new agreement between the two States is arrived at or the existing agreement is rescinded after issue of six months notice by either State. Such revocation shall not however, effect the plying of vehicles covered by a permanent permit already issued and or countersigned under this agreement.
2. PERMIT—
(a) GOODS CARRIAGES I. PERMANENT PERMITS- Permanent Goods Carriage Permits shall be issued by the respective State Transport Authority to be valid for all motorable roads of home State and reciprocating State except on prohibited roads subject to countersignature by the respective State Transport Authority. There would be no ceiling on grant of permanent goods carriage permits.
The goods carriage shall not pick up or set down goods between two points lying in the same State other than the home State.
II. TEMPORARY PERMITS- Temporary permits may be issued by the home State or the authorized officer of the border check gate of the reciprocating state in respect of goods carriages, which shall remain operative in other State without countersignature. The officer at the check gate should honour permit issued by the permit granting authority of reciprocating State.
(b) STAGE CARRIAGES- Finally notified routes as per the Reciprocal Transport Agreement arrived at between Government of Orissa and Bihar in the year 1981. 1990, 1995 are bifurcated state wise between Bihar and Jharkhand. The list of routes lying between Orissa and Jharkhand is placed at Annexure-A. List of new routes lying between Orissa and Jharkhand are placed at Annexure B. List of renamed existing routes are shown at Annexure-C. List of routes lying between Orissa and Bihar and passing through Jharkhand are placed at Annexure-D.
The distance and nature of service are also mentioned in the said statement against each route which should be followed by both the States.
I. Unless a temporary/permanent permit granted by the home State is countersigned by the reciprocating State no further permit on the self same route shall be granted to the permit holder. The permit holder while making application for subsequent grunt/renewal of permit shall submit copy of previous countersignature duly authenticated.
II. The practice of issuing Temporary Permits for non-agreed Inter-state routes be discontinued.
III. However since it is likely to take considerable time to complete the process of finalising this agreement U/s 88(5) & (6) of M V. Act, 1988, temporary permits on all the routes now agreed to shall be issued till publication of final notification U/s 88(6) of the M V Act, 1988 by both the States for immediate utilisation of routes and to maintain continuity of existing services for public interest. Permits issued prior to this agreement by Orissa and Bihar authorities shall remain effective till expiry of such permit where alter Jharkhand and Orissa authorities may grant or renew the same in accordance with law.
IV. If in the public interest it is necessary to open any new Inter-state route or to grant permit beyond the quota fixed in the reciprocal agreement, the procedure of prior concurrence as envisaged U/s 88(7) Of M V Act, 1988 shall be followed by both the States.
V. Permanent/Temporary stage carriage permits granted to the nominee of home State shall be countersigned by the reciprocating State.
VI. According to the provision of Motor Vehicles Act, 1988, the basis of permit would be one permit per one vehicle and vehicle number should be mentioned in each permit.
VII. No standees shall be allowed on inter-state stage carriages.
VIII. On all inter-state routes, the stage carriage of the home state shall have precedence on timing over the buses of the reciprocating state.
IX. If the total length of the route is more than 250 kilometres, the nature of service shall be express.
X. Bi-lingual boards-The stage carriages plying on inter-state routes between Orissa and Jharkhand should carry destination board in Hindi and Oriya.
XI. If a stage carriage makes two trips daily, the stage carriage should start from the Home State and shall night halt in the Home State.
3. FARE-- The fare for stage carriages chargeable for the kilometerage in the territory of each State shall be calculated at the rate prescribed by the respective State Government. The tickets issued in one State shall valid in other State.
(a) The distance mentioned against each route along with alignment thereof is considered as shortest and direct route. If any discrepancy noticed in future regarding distance of the route, the route shall be surveyed by the respective STA and corrected through correspondences, which shell not be treated as midification of agreement.
(b) The primary permit granting authority without prior concurrence of the reciprocating State may allow any extension or variation not exceeding 24 Kms of an inter-state route, which exclusively lies in home State However, such fact of extension or variation must be intimated to the State Transport Authority of other State for inclusion in the subsequent reciprocal transport agreement. In all other cases prior concurrence shall be obtained.
4. (i) CONTRACT CARRIAGE (MOTOR CAB)—
(a) PERMANENT PERMITS- To facilitate movement of tourist between two states substantive Motor Cab Permits may be granted by each State mentioning therein route/area of both the states or for operation on all motorable roads of reciprocating state which shall be valid only after it is countersigned. There would be no ceiling on grant of permanent contract carriage permits to motor cabs.
(b) TEMPORARY PERMITS- Temporary permit of this category may be issued as per need by the Transport Authority of the one State which shall be valid without countersignature in the reciprocating State subject to condition that the vehicle shall be hired by a single party.
(ii) CONTRACT CARRIAGE (OMNI BUS)
(a) PERMANENT PERMITS- Permanent contract carriage permits issued under section 74 of MV Act may granted by one State mentioning area of operation of both the States which shall remain operative in reciprocating State only after it is countersigned. There would be no ceiling on grant of permanent contract carriage permits.
(b) TEMPORARY PERMITS- Temporary permit to Omni buses (Contract Carriages) shall be issued as per need by transport authority of one State, which shall be valid without countersignature in the reciprocating State.
(iii) Special Permits U/s 88(8) of M.V. Act, 1988- Special permits U/s 88(8) of M.V. Act,1988 may be granted as per need by either of the State for a period not exceeding 30(thirty) days.
5. PRIVATE SERVICE VEHICLE— i. PERMANENT PERMITS- Private Service Vehicle Permanent Permits issued by State Transport Authority under section 76 of M. V. Act. 1988 mentioning area of operation of both the States shall remain operative in other State only after it is countersigned. There would be no ceiling on grant of permanent private service Vehicle permits.
ii. TEMPORARY PERMITS- Temporary Permit shall be granted under section 87 of Motor Vehicles Act, 1988 to Private Service Vehicles as per need for a period not exceeding thirty days which shall be operative in the reciprocating state without countersignature.
6. TAXATION—
(a) Taxes by various kinds of vehicles covered by this reciprocal agreement shall be payable as per the provisions contained in the Motor Vehicles Taxation Act and Rules of the respective state.
(b) Motor vehicles exclusively owned by Government of Orissa and Jharkhand used for Government purposes, shall be exempted from payment of all the Taxes leviable in both the States.
(c) All transport vehicles not covered by any agreement while operating in the other State, shall be liable to pay all the taxes leviable in the other State.
7. MODE OF PAYMENTS OF TAX— Both the States shall ensure recovery of tax due for reciprocating State. It shall be the duty of the permit holder of all class of vehicles except stage carriages to ensure payment of tax due for the other State before entering into the jurisdiction of that State. Stage Carriage permit holders shall pay tax before respective State Transport Authority.
8. RECOVERY OF ARREAR TAX— Both the States will render necessary co-operation to collect arrcar tax, penalty that would be due from the vehicles of the reciprocating State.
9. GENERAL—
(a) Each State shall accord recognition to Tax Token, Registration Certificates, Fitness Certificate, Driving License, Conductor's License, Badges issued by the authority of reciprocating State.
(b) The gross vehicle weight of a transport vehicle shall not exceed as per the limit fixed by the MOST (Now Ministry of Road Transport & Highways) which should be followed by both the States .
(c) Orissa based stage carriages plying between Orissa and West Bengal but using corridor Orissa based facilities of Jharkhand which is more than twenty two kilometers shall get their permits countersigned on payment of motor vehicles tax to Jharkhand.
(Sri U.P Singh, I.A.S.)
Transport Commissioner-cum- Chairman, S.T.A.
Orissa.
(Sri N.C. Vasudevan, I.A.S.)
Commissioner-cum-Secretary to Government.
Commerce and Transport(Transport) Deptt.
Government of Orissa.
(Sri Chintu Nayak, I.A.S.)
Secretary Transport and Civil Aviation Department.
Government to Jharkhand.