Section 159 in The West Bengal Motor Vehicles Rules, 1989
159. Transfer of permit.
(1)When the holder of a permit desires to transfer the permit to some other person under sub-section (1) of section 82 of the Act, he shall, together with the person to whom he desires to make the transfer, make joint application in writing to the Regional Transport Authority or the State Transport Authority, by which the permit was issued, setting forth the reasons for the proposed transfer.(2)On receipt of an application under sub-rule (1), the Transport Authority may require the holder and the other party to state in writing whether any premium payment, or other consideration arising out of the transfer is to pass or has passed between them and nature and amount of any such premium payment or other consideration.(3)Without prejudice to any other penalty to which the parties may be liable, any transfer of a permit ordered upon an application, which the Regional Transport Authority or the State Transport Authority, is subsequently satisfied after having given the parties an opportunity of submitting an explanation, to be false in respect of the matter specified in sub-rule (2) or in respect of any other material particulars shall be void.(4)The Regional Transport Authority or the State Transport Authority may summon both the parties to the application to appear before it and it may, if it deems fit, deal with the application as if it were an application for a permit.(5)[ The fee for the transfer of permit on the death of the holder thereof shall be as specified in Schedule A.] [Sub-rule (5) Substituted vide clause (19) of the Notification No. 2668-WT/3M-151/96 dated 4.5.1998 (w.e.f. 4.5.1998).](6)Upon receipt of Parts A and B of the permit and of the prescribed fee, [as specified in Schedule A,] [Inserted vide clause 2(12) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003).] the Regional Transport Authority or state Transport Authority, shall cancel the particulars of the holder thereon and endorse particulars of the transferee and shall return the permit to the transferee.(7)The Transport Authority making such a transfer of permit as may, unless any other Transport Authority, by which the permit has been countersigned, has by general or special order otherwise required, endorse Parts A and B of the permit with the words "transfer of permit valid for.......... " inserting the name of the authority by which the permit had been countersigned with effect from the date of transfer.(8)Unless Parts A and B of the permit have been endorsed as provided in sub-rule (6) or (7) or unless the Transport Authority which countersigned the permit has endorsed the same, the counter-signature shall be of no effect after the date of transfer :Provided that in the case of the death of the holder of the permit, the Transport Authority which granted the permit may transfer the permit as provided under sub-section (2) of section 82 of the Act after making such enquiry as it thinks fit subject to the provisions as laid down therein on receipt of the prescribed fee.(9)Any use of the permit, except by its holder, in any manner whatsoever, either through power of attorney or by any other deed or agreement shall render the permit to be cancelled. The onus of proving that the permit was not being used in contravention of this rule shall be on the holder of the permit.
