Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 113] [Entire Act]

Union of India - Section

Section 68F in Motor Vehicles Act, 1939

68F. Issue of permits to State transport under-takings.

(1)Where, in pursuance of an approved scheme, any State transport undertaking applies [in such manner as may be prescribed by the State Government in this behalf] [Substituted for words and figures 'in the manner specified in Chapter IV' by Motor Vehicles (Amendment) Act, 1969 (56 of 1969), section 41(a)(i) (w.e.f. 1.10.1970).] for a stage carriage permit or a public carrier's permit or a contract carriage permit in respect of a notified area or notified route, the [State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case] [Substituted for words 'Regional Transport Authority' by Motor Vehicles (Amendment) Act, 1969 (56 of 1969), section 41(a)(ii) (w.e.f. 2.3.1970).] shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter IV.
(1A)[ Where any scheme has been published by a State Transport Undertaking under section 68C that Undertaking may apply for a temporary permit, in respect of any area or route or portion thereof specified in the said scheme, for the period intervening between the date of publication of the scheme and the date of publication of the approved or modified scheme, and where such application is made, the State Transport Authority or the Regional Transport Authority as the case may be, shall, if it is satisfied that it is necessary to increase, in the public interest, the number of vehicles operating in such area or route or portion thereof, issue the temporary permit prayed for by the State Transport Undertaking.
(1B)A temporary permit issued in pursuance of the provisions of sub-section (1A) shall be effective,-
(i)if the scheme is published under sub-section (3) of section 68D, until the grant of the permit to the State Transport Undertaking under sub-section (1), or
(ii)it the scheme is not published under sub-section (3) of section 68D, until the expiration of the one week from the date on which the order under subsection (2) of section 68D is made.
(1C)If no application for a temporary permit is made under sub-section (lA), the State Transport Authority or the Regional Transport Authority, as the case may be, may grant, subject to such conditions as it may think fit, temporary permit to any person in respect of the area or route or portion thereof specified in the scheme and the permit so granted shall cease to be effective on the issue of a permit to the State Transport Undertaking in respect of that area or route or portion thereof.
(1D)Save as otherwise provided in sub-section (lA) or subsection (1C), no permit shall, be granted or renewed during the period intervening between the date of publication, under section 68C of any scheme and the date of publication of the approved or modified scheme, in favour of any person for any class of road transport service in relation to an area or route or portion thereof covered by such scheme :Provided that where the period of operation of a permit in relation to any area, route or portion thereof specified in a scheme published under section 68C expires after such publication, such permit may be renewed for a limited period, but the permit so renewed shall cease to be effective on the publication of the scheme under sub-section (3) of section 68D.] [Inserted sub-sections (1A), (1B), (1C) and (1D) by Motor Vehicles (Amendment) Act, 1969 (56 of 1969), section 41(b) (w.e.f. 2.3.1970).]
(1E)[ Where a State transport undertaking applies for renewal of a permit within the period specified in sub-section (2A) of section 58, the State Transport Authority or, as the case may be, the Regional Transport Authority, shall, renew such permit, notwithstanding anything to the contrary contained in Chapter IV.] [Inserted by Motor Vehicles (Amendment) Act, 1978 (47 of 1948), section 28 (w.e.f. 16.1.1979).]
(2)For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, [the State Transport Authority or as the case may be, the Regional Transport Authority concerned] [Substituted for the words 'the Regional Transport Authority' by Motor Vehicles (Amendment) Act, 1969 (58 of 1969), section 41 (c) (i) (w.e.f. 2.3.1970).] may, by order,-
(a)refuse to entertain any application for [the grant or renewal of any other permit or reject any such application as may be pending] [Substituted for the words 'the renewal of any other permit' by Motor Vehicles (Amendment) Act, 1969 (58 of 1969), section 41 (c) (ii) (w.e.f. 2.3.1970).];
(b)cancel any existing permit;
(c)modify the terms of any existing permit so as to-
(i)render the permit ineffective beyond a specified date;
(ii)reduce the number of vehicles authorised to be used under the permit;
(iii)curtail the area or route covered by the permit so far as such permit relates to the notified area or notified route.
(3)For, the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by [the State Transport Authority or any Regional Transport Authority] [Substituted for the words 'the Regional Transport Authority' by Motor Vehicles (Amendment) Act, 1969 (58 of 1969), section 41 (d) (w.e.f. 2.3.1970).] under sub-section (1) or sub-section (2).