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State of Chattisgarh - Section

Section 67 in The Chhattisgarh Motor Vehicles Rules, 1994

67. Delegation of powers by Regional Transport Authority.

(1)A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to such restrictions, limitations and conditions as may be specified, delegate to Chairman, Secretary, Additional Secretary, or Assistant Secretary of the Authority all or any of the following powers, namely :-
(a)to grant, refuse or renew a private service vehicle permit under sub-section (1) of Section 76;
(b)to grant, renew or refuse goods carriage permit under Section 79;
(c)to renew goods carriage permit under Section 81;
(d)to permit the replacement of one vehicle by another under Section 83;
(e)to suspend a permit under Section 86 or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) of the said section;
(f)to grant or refuse to grant a temporary permit under Section 87 or under sub-sections (7) and (8) of Section 88, as the case may be;
(g)to countersign a temporary permit under sub-section (1) of Section 88 or to attach or vary conditions thereof under sub-sections (1) and (3) of the said section;
(h)to grant, renew and refuse the national permit for goods carriage under sub-section (12) of Section 88;
(i)to grant, refuse or renew licences of Agents under Rule 120 and 132 or to suspend a licence under Rule 128 or to recover from the holder thereof sum of money agreed upon in lieu of suspension :
Provided that the Chairman, Secretary or Assistant Secretary, as the case may be, shall
(i)keep informed the Regional Transport Authority from time to time of the action taken by him in pursuance of the power delegated; and
(ii)arrange to paste on a notice board on the premises of the office of the Regional Transport Authority a copy of every resolution of that Transport Authority delegating its power to him.
(2)The Regional Transport Authority may also by general or special resolution delegate to a Collector of District the following powers namely ;-
(a)to grant temporary permit under clauses (a) and (b) of sub-section (1) of Section 87 for a period of not more than seven days authorising the use of a Transport Vehicle temporarily within the State of Chhattisgarh for-
(i)the conveyance of passengers on special occasion, such as to and from fairs and religious gatherings; or
(ii)transport of personal kit and luggage of an officer on transfer or transport of dead bodies; or
(iii)transport of polling personnel and officers and carriage of ballot boxes and papers during the period of an election.
(b)To grant temporary permit under clause (e) of sub-section (1) of Section 87 to be effective for a limited period which shall not, in any case, exceed four months, to authorise the use of a motor cab, maxicab and public service vehicle (State Carriage) to meet particular temporary need, under the following limitations and restrictions-
(i)that the permit shall be valid for the area or routes within the respective jurisdiction of a Collector of the district;
(ii)that limitations and restrictions imposed and relaxation granted under nationalisation Schemes shall be strictly adhered to;
(iii)that the applicant/owner of the Vehicle shall furnish no dues certificate of concerning Taxation Authority in respect of the Vehicle alongwith the application;
(iv)that in case of any mistake in computation of distance or areas/route or rate of tax applicable, the difference amount, if any, shall be payable by the owner in accordance with the provisions of Chhattisgarh Motor Vehicle Taxation Act, 1991.
(3)[ The Regional Transport Authority may also by general or special resolution delegate to an officer-in-charge of the transport check-post in its region, the power under sub-section (1) of Section 87 to grant temporary permit to a goods carriage for a period of one month or part thereof authorizing the use of a goods carriage of other State temporarily within the State of Chhattisgarh for transport of goods subject to the condition that such vehicle shall not be used for intra-state operation in Chhattisgarh:Provided that an officer-in-charge of the transport check-post shall keep informed the Regional Transport Authority and the Transport Commissioner fro time to time of the action taken by him in pursuance of powers delegated and a list of all permits so issued shall be sent :Provided further that before issue of temporary permit under this sub-rule the officer-in-charge of the transport check-post shall ensure that the taxes under the Chhattisgarh, Motoryan Karadhan Adhiniyam, 1991 (No. 25 of 1991) are paid in respect of the vehicle for permit is to be issued by him.
(4)Notwithstanding anything contained in this rule, the Regional Transport Authority may, from time to time, issue instructions to its Secretary, Additional Secretary, Assistant Secretary, Collector or an officer-in-charge of the transport check-post as to the manner in which he shall exercise the powers delegated to him.] [Substituted by Notification No. 668/Tr.D./2001, dated 10.10.2001.]