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[Cites 0, Cited by 129] [Entire Act]

Union of India - Section

Section 68 in Motor Vehicles Act, 1939

68. Power to make rules for the purposes of this Chapter.

(1)A [State Government] [Substituted for the words 'Provincial Government' by A.L.O., 1950.] may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2)Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:-
(a)the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them;
(aa)[ the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted;] [Inserted by Act 56 of 1969, section 37 (w.e.f. 1-10-1970).]
(b)the conduct and hearing of appeals that may be preferred under this Chapter, [the fees to be paid in respect of such appeals and the refund of such fees] [Added by Act 20 of 1942, section 16.];
(c)the forms to be used for the purposes of this Chapter, including the forms of permits;
(ci)[ the percentage of stage carriage permits public or public carrier's permits to be reserved under section 47 or section 55 [* * *] [Inserted by Act 47 1978, section 27 (w.e.f. 16-1-1979).] for economically weaker sections of the community;
(cii)the manner in which preference shall be given in the grant of stage carriage permits or public carriers permits or public carriers permits to economically weaker sections of the community where no reservation is made to such applicants;
(ciii)the date and limits of annual income and the extent of land, for the purposes of Explanation I below sub-section (1C) of section 47;
(civ)the circumstances under which, the manner in which, and the extent to which. reservation may be carried forward in respect of stage carriage permits or public carriers permits.]
(cc)[ the manner in which and the time within which every application for a stage carriage permit or a public carrier's permit shall be published, as required by sub-section (3) of section 57, and the circumstances under which and the fees on payment of which copies of such applications may be granted;] [Inserted by Act 56 of 1969, section 37 (w.e.f. 1-10-1970).]
(d)the issue of copies of permits in place of permits [lost, destroyed or mutilated;] [Substituted by Act 100 of 1956, section 61, for 'lost or destroyed' (w.e.f. 16-2-1957).]
(e)the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed;
(f)[ * * * *] [Clause (f) omitted by section 61, Act 100 of 1956, (w.e.f. 1-8-1957).]
(g)[ the fees to be paid in respect of applications for permits, duplicate permits and plates;] [Substituted by section 61, Act 100 of 1956, (w.e.f. 16-2-1957).]
(gg)[ the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter;] [Added by Act 20 of 1942, section 16.]
(h)the custody, production and cancellation on revocation or expiration of permits, and the return of permits which have become void or have been revoked;
(hh)[ the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without counter-signature;] [Inserted by Act 100 of 1956, section 61, (w.e.f. 16-2-1957).]
(i)[ the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without counter-signature; [Substituted by section 61 Act 100 of 1956, for clause (i) w.e.f. 16.2.1957).]
(ii)the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iv) of sub-section (1) of section 43;]
(j)the authorities to whom, the time within which and the manner in which appeals may be made;
(k)the construction and fittings of, and the equipment to be carried by, stage and contract carriages, whether gene. rally or in specified areas;
(l)the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried;
(m)the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers;
(n)the safe custody and disposal of property left in a stage or contract carriage;
(o)[regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles] [Substituted by Act 100 of 1956, section 61, for 'prohibiting the painting marking or of a State or a contract carriage' (w.e.f. 16-2-1957).] in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails;
(p)the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriages, if used for such purposes;
(q)the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining, testing and sealing taxi meters;
(r)prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to and or alight from the vehicle at a notified halting place;
(s)[ the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; [Substituted by section 61, Act 100 of 1956, for clause (s) (w.e.f. 16-2-1957).]
(ss)the regulation of motor-cab ranks:]
(t)requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward;
(tt)[ authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business;] [Inserted by Act 100 of 1956, section 61, (w.e.f. 16-2-1957).]
(u)requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare;
(v)the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried;
(w)[ the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles;] [Substituted by Act 20 of 1942, section 16, (3.4.1942).]
(ww)[ the licensing of agents engaged in the business of collecting, [or forwarding and distributing] [Inserted by Act 100 of 1956, section 61, (w.e.f. 16-2-1957).] goods carried by public carriers;]
(x)the inspection of transport vehicles and their contents and of the permits relating to them;
(y)the carriage of persons other than the driver in goods vehicles;
(yy)[ the specification of the municipal limits of a town or of any other area as a free zone within which goods may, subject to the prescribed conditions, be carried anywhere by a motor vehicle covered by a public carrier's permit;] [Inserted by Act 100 of 1956, section 61, (w.e.f. 16-2-1957).]
(z)the records to be maintained and the returns to be furnished by the owners of transport vehicles; and
(za)any other matter which is to be or may be prescribed.
[Chapter IVA] [Inserted by Act 100 of 1956, section 62 (w.e.f. 16-2-1957).] Special Provisions Relating to State Transport Undertakings