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Union of India - Section

Section 64 in Motor Vehicles Act, 1939

64. Appeals.

- [(1)] [Re-numbered by section 33, Act 56 of 1969, (w.e.f. 1-4-1971).] Any person-(a)aggrieved by the refusal of State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or(b)aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or(c)aggrieved by the refusal to transfer the permit to the person succeeding on the death of the holder of a permit, or(d)aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such counter-signature, or(e)aggrieved by the refusal of renewal of a permit, or(f)being a local authority or police authority or an association which, or a person providing transport facilities who, having opposed the grant of a permit, is aggrieved by the grant thereof by any condition attached thereto, or(g)[ aggrieved by the refusal to grant permission under sub-section (1) or sub-section (2) of section 59, or] [Substituted by Act 100 of 1956, section 58, for clause (g) (w.e.f. 16-2-1957).](h)aggrieved by a reduction under sub-section (1A) of section 60 in the number of vehicles or routes or area covered by a permit, or(hh)[ aggrieved by an order of forfeiture passed under sub-section (4) of section 45 or under sub-section (9) of section 63, or] [Inserted by Act 56 of 1969, section 33 (w.e.f. 1-4-1971).](i)aggrieved by any other order which may be prescribed,may, within the prescribed time and in the prescribed manner, appeal to [the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final] [Substituted for the words 'the prescribed authority who shall give such person and the original authority an opportunity of being heard' by the Act 56 of 1969 (w.e.f. 1.4.1971).].
(2)[ The State Government shall [constitute] [Inserted by Act 56 of 1969, section 33 (w.e.f. 1-4-1971).] for the State a State Transport Appellate Tribunal which shall consist of a [* * * * *] [Omitted words 'whole time' by Act 47 of 1978, section 25 (w.e.f. 16-1-1979).] judicial officer not below the rank of a District Judge :Provided that in relation to a Union territory the Tribunal may consist of the Administrator of that territory or any officer who has judicial experience.
(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at the commencement of the Motor Vehicles (Amendment) Act, 1969, shall be proceeded with and disposed of as if that Act had not been passed.Explanation. - For the removal of doubts, it is hereby declared that when any order is made by the State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Commission under clause (c) of sub-section (2) of section 63A and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal against such order but not against the direction so issued.]