Section 120 in The West Bengal Motor Vehicles Rules, 1989
120.
(1)Special condition of permit in respect of [metered taxis] [Substituted vide clause 2(11)(a)(i) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003) for the words 'taxis and auto-rickshaw'.]. - In addition to the conditions prescribed under the Act and the Central Motor Vehicles Rules,1989 and these rules, and following shall be treated as special conditions in all contract permits for [metered taxis] [Substituted vide clause 2(11)(a)(i) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003) for the words 'taxis and auto-rickshaw'.] :(a)The driver shall not misbehave or be rude to the hirer or passenger. In the event of any complaint of this nature, the permit will be liable to be cancelled/suspended under section 86 of the Act.(b)The driver will only charge the approved fare at the rate as per meter attached and any complaint of over-charging of the fare shall render the permit to be suspended/cancelled.(c)The driver shall not refuse to carry any passenger, whenever the [metered taxis] [Substituted vide clause 2(11)(a)(ii), ibid (w.e.f. 16.12.2003) for the words 'taxi or auto-rickshaw'.] is empty and in a public place irrespective of whether meter is down or in "for hire" condition. It shall be the burden of the owner or driver to prove that without adequate reasons he did not accept passenger.(d)The driver shall not run the vehicle as a "Shuttle Service" and thus violate the very principle of a Contract Carriage.Explanation. - "Shuttle Service" means plying of a vehicle in violation of principle of Contract Carriage. by carrying more than one individual under more than one contract written or implied, in a single journey by charging special fare from such individual at the same rate or at different rates.(2)Special condition of permit for motor cab or a metered taxi. -(a)No Contract Carriage permit for a motor cab or a metered taxi, whether issued by Regional Transport Authorities or by the State Transport Authority shall be granted in respect of a motor vehicle which is more than 5 years only on the date of initial grant of permit.(b)Where a vehicle covered by such a permit, is proposed to be replaced by another, the latter vehicle shall also not be more than five years only on the date of such replacement.(c)Such permit shall be deemed to be invalid from the date on which the vehicle covered by the permit completes 15 years. unless the vehicle is replaced :Provided that the State Government may, by order constitute Board for [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] and for the Districts separately, consisting of experts and such other persons as it may deem fit, and all such motor vehicles completing 15 years shall have to obtain approval from such Boards so constituted for their respective areas, for being used as motor cab or metered taxi. The Board so constituted shall accord approval for such period as it may deem fit not exceeding two years at a time and the total period of extension by such Board shall, in no case, exceed five years beyond the period of 15 years :Provided further that the State Government may, review this sub-rule from time to time and may, by order vary the time period as stipulated in the proviso to sub-rule (c). The existing motor vehicles, used as motor cabs or metered taxis, which are more than 15 years old and which are covered by such Contract Carriage permits, shall also be governed by the clauses (a), (b) and (c) of this sub-rule.Explanation. -For the purposes of clauses (a), (b) and (c) of this sub-rule, the period of 5 years, or 15 years, shall be computed from the date of initial registration of the vehicle.(3)Etching of registration mark in cases of metered taxis. - [(i)] [Sub-rule (3) renumbered as clause (i) of that sub-rule vide Notification No. 4755-WT/3M-60/93 dated 28.05.1993.] In respect of every metered taxi or motor cab, the registration mark shall be distinctly and legibly etched on the top left hand corner of the front windscreen glass, on each of the window glasses and on the back windscreen glass. Such etching of registration mark in respect of metered taxis or motor cabs shall be a condition of the permit.(ii)[ Registration mark of metered taxi or motor cab shall also be etched on the back of the driver's seat.] [Clause (ii) inserted vide ibid.](4)[ Special condition of permit in respect of auto-rickshaw-(i)A contract carriage permit to be granted in respect of an auto-rickshaw on a specified or fixed route approved by the respective Regional Transport Authority subject to compliance of the provisions under the Motor Vehicles Act, 1988 and the rules framed thereunder.(ii)No auto-rickshaw shall be allowed to ply in any route other than the specified or fixed route, allotted to it by the respective Regional Transport Authority, violation of which is punishable under the Motor Vehicles Act, 1988.(iii)Fare for auto-rickshaw shall be fixed or determined by the State Government. Any compliant of overcharging of fare shall render the permit to be suspended/cancelled.(iv)The driver of auto-rickshaw shall not misbehave or be rude to the passengers. In the event of any compliant of this nature, the permit will be liable to be cancelled/suspended under section 86 of the Motor Vehicles Act, 1988.(v)There shall be no meeting system in the auto-rickshaw.]
