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NCT Delhi - Section

Section 76 in Delhi Motor Vehicles Rules, 1993

76. Construction and control of stands.

(1)Notification of Stands. -
(a)The District Magistrate may in consultation with the local authority having jurisdiction in the area concerned; make an order permitting any place to be used as a stand without such an order no place shall be so used:
Provided always that no place which is privately owned shall be notified as stand save on application by or with the written consent of the owner.
(b)the District Magistrate shall, from time to time, fix the fees or the maximum fees payable at any stand;
(c)no vehicle shall be admitted to any stand other than the vehicles in respect of which a permit is held by the person or company in whose name the stand has been sanctioned, together with any vehicles which may have been specially mentioned in the District Magistrate's order as entitled to use the stand.
(2)Inspection of Stand. - Every stand whether public or private shall be open to inspection at any time by the District Magistrate or any official deputed by the District Magistrate in this behalf or any official empowered by the Commissioner not below the rank of Sub Inspector.
(3)Prohibition on use of loud sounding devices at stands. - (i) No horn, gong, bell, whistle, gramophone, loudspeaker, musical instrument or other device for creating a loud sound shall be used to attract passengers to any stand.
(ii)In the event of such use the manager and any contractor employed to administer the stand, and the owner, driver and conductor of the vehicle to which the sound was intended to attract customers shall, in addition to the person who used the instrument, be punishable for contravening this sub-rule, unless he can show that the use of the instrument was without his consent.
(4)Cancellation of orders for the establishment of Stands. - (i) The District Magistrate may at any time revoke any order made by himself or any of his predecessors permitting the establishment of any stand if in his opinion any of the conditions on which that stand was permitted to be established has been contravened or the stand has not been satisfactorily managed or its continuance is no longer in the public interest.
(ii)before revoking any order under the prescribed clause (i) of this sub-rule, the District Magistrate shall give the person authorized to administer the stand, an opportunity of being heard, and shall record his reasons in writing;
(iii)if an order permitting the establishment of a stand is not revoked under clause (i) of this sub-rule, it shall remain in force for three years or such lesser period as may be mentioned in the order and may be renewed from time to time by the District magistrate for a further period of not more than three years at a time.
(5)Control over District Magistrates. - All orders by a District Magistrate sanctioning the establishment of a stand, or revoking or modifying an order permitting the establishment of a stand, shall be appealable to the State Government whose orders thereon shall be final.
(6)Regulation of motor cab-ranks. - (i) At every cab-rank appointed under section 117 of the Act:
(a)the drivers shall station their motor cab in the rank in order in which they arrive, the motor cab which has been waiting longest being stationed in the front position, and, the motor cabs being moved up as vacancies occur;
(b)the drivers of the first two motor cabs shall stay by their vehicles, ready to be hired by any person;
(c)no motor cab engaged for some future time shall be kept in the rank unless the driver is willing to accept any intermediate hiring that may be offered, and
(d)no disabled motor cab shall be kept in the rank unless the disablement can be and is intended to be remedied forthwith.
(ii)The District magistrate may in the case of any cab-rank relax and or all the directions given in the sub-clauses of the preceding clause (i).
(iii)Nothing in clause (i) of this sub-rule shall render it obligatory on a person wishing to hire a motor cab from a cab-rank to take the first cab or restrict his freedom to chose whichever vehicle he prefers.