47. Procedure of Regional Transport Authority in considering application for stage carriage permit.
- [(1) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely(a)the interest of the public generally(b)the advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken;(c)the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served;(d)the benefit to any particular locality or localities likely to be afforded by the service;(e)the operation by the applicant of other transport services, including those in respect of which applications from him for permits ate pending;(f)the condition of the roads included in the proposed route or area;and shall also take into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies :Provided that other conditions being equal, an application for a carriage permit from a co-operative society registered or deemed to have been registered under any enactment in force for the time being [and an application for a stage carriage permit form a person who has a valid licence for driving transport vehicles] [Substituted for the original sub-section (1), by the Motor Vehicles (Amendment) Act, 1956 (100 of 1956), Section 41 (16.2.1957).] shall as far as may be, be given preference over applications from individual owners.](1A)[ The Government of a State shall reserve in that State certain percentage of stage carriage permits for the Scheduled Castes and the Scheduled Tribes.Explanation. - In this section and in sections 55 and 63, "Scheduled Castes" and "Scheduled Tribes" have the meanings respectively assigned to them in article 366 of the Constitution.(1B)The reservation of permits under sub-section (1A) shall be in the same ratio as in the case of appointments made by direct recruitment to public services in the State.(1C)The Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted stage carriage permits in that State.-(a)reserve in that State such percentage of stage carriage permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or(b)notwithstanding anything contained in the proviso to sub-section (1) give preference, in such manner as may be prescribed to applications for stage carriage permits from such persons.Explanation I. - In this section 55, 63 and 68, a person shall be deemed to belong to economically weaker section of the community, if and only if, on the prescribed date.-(a)the annual income of such person together with the annual income, if any, of the members of his family; or(b)the extent of land (whether in one class or in different classes) held by such person together with that, if any, held by the members of his family; or(c)the annual income and the extent 'of land aforesaid, does, or do, not exceed such limit as may be prescribed.Explanation II. - For the purposes of Explanation I, "family", in relation to an individual, means the wife or husband, as the case may be, of such individual and the minor children of such individual.(1D)The number of permits reserved under sub-section (1B) and clause (a) of sub-section (1C) shall not exceed fifty per cent. of the total number of stage carriage permits granted during a calendar year.(1E)In giving effect to the provisions of sub-section (1B) and clause (a) of sub-section (1C), the Regional Transport Authority or the State Transport Authority may, if it considers necessary or expedient so to do, group the various routes within its jurisdiction.(1F)Where any stage carriage permit is to be granted from the quota reserved under sub-section (lB) or clause (a) of sub-section (1C) to any co-operative society registered or deemed to have been registered under any enactment in force for the time being or any firm to which the pro-visions of the Indian Partnership Act, 1932 apply, no permit shall be granted to such society or firm unless the members of the co-operative society or the partners of the firm belong to the, Scheduled Castes, the Scheduled Tribes or economically weaker sections of the community:Provided that where the members of such, co-operative society or the partners of such firm are partly from the Scheduled Castes, partly from the Scheduled Tribes and partly from the economically weaker sections of the community, or from section shall be granted to such society or firm only from the quota reserved for the category to which the largest number of members of the co-operative society, or, as the case may be, partners of the firm, belong:Provided further that where no reservation has been made in the State for economically weaker sections of the community under clause (a) of sub-section (1C) no permit under this sub section shall be granted to a co-operative society or firm unless the members of such society or partners of such firm belong to the Scheduled Castes or the Scheduled Tribes or partly to the Scheduled Castes and partly to the Scheduled Tribes and permit to such society or firm shall be granted only from the quota reserved for the Scheduled Castes or the Scheduled Tribes according as to whether the larger number of the members of the co-operative society, or partners of the firm, belong to the Scheduled Castes or the Scheduled Tribes.(1G)The circumstances under which, the manner in which, and the extent to which, reservation under sub-section (1A) and clause (a) of sub-section (1C) may be carried forward shall be such as may be prescribed.(1H)Notwithstanding anything contained in this section, an application for a stage carriage permit from a State transport undertaking for operating in any inter-State route shall be given preference over all other applications:Provided that the authority shall not grant a permit under this sub-section unless it is satisfied' that the State transport undertaking would be able to operate in the inter-State route without detriment to its responsibility for providing efficient and adequate road transport service in any notified area or notified route as is referred to in sub-section (3) of section 68D where the undertaking operates the service.Explanation. - For the purposes of this sub-section, "interState route" means any route lying contiguously in two or more States] [Inserted by the Motor Vehicles (Amendment) Act, 1978 (47 of 1978), Section 21 (16.1.1979).](2)A Regional Transport authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions.(3)[ A Regional Transport Authority may, having regard to the matters mentioned in sub-section limit the number of stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region.] [Inserted for the original sub-section (1), by the Motor Vehicles (Amendment) Act, 1956 (100 of 1956), Section 41 (16.2.1957).]
