Section 213 in The West Bengal Motor Vehicles Rules, 1989
213. Delegation of powers by the Regional Transport Authority.
(1)A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to the restrictions, limitation and conditions herein specified, delegate -(a)to the Regional Transport Officer, Additional Regional Transport Officer or to any Motor Vehicles inspector in the districts or Director or Secretary. Deputy Secretary, Assistant Secretary of the Regional Transport Authority, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] or any of the Assistant Directors or any Additional Regional Transport Officer or any Motor Vehicles inspector in the Public Vehicles Department in [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] all or any of its following powers, namely, -(i)powers under sub-section (1) of section 76 of the Act to grant, refuse or renew a Private Service Vehicle permit;(ii)powers under sections 66 and 74 of the Act to refuse a contract carriage permit, to grant with or without modification such an application and attach conditions to the permit;(iii)powers under sections 66 and 79 of the Act to grant with or without modification or refuse Goods Carriage permit and power to impose conditions under sub-section (2) of section 79 of the Act or vary the conditions thereof;(iv)powers to attach to a Stage Carriage permit conditions under sub-section (2) of section 72 of the Act or to vary the conditions thereof;(v)powers to renew Goods Carriage permit and Contract Carriage permit under section 81 of the Act and to renew counter-signatures of any such permits;(vi)powers under sub-section (8) of section 82 of the Act to transfer permit;(vi)powers under section 88 of the Act to permit the replacement of one vehicle by another;(viii)powers under section 86 of the Act to suspend a permit or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) of the said section (other than power to cancel the permit);(ix)powers under section 87 and under sub-sections (7) and (8) of section 88 of the Act to grant or refuse to grant, a temporary or, as the case may be, a special permit;(x)powers under sub-sections (1) and (3) of section 88 of the Act to countersign a permit or to attach or vary conditions thereof;(xi)power to approve the time-table or changes therein in respect of plying of Stage Carriages or service of such carriages under permits issued or countersigned by the Transport Authority. In the fixation of time-table, however, the Regional Transport Authority/Authorities through whose region/regions the service shall operate must be consulted in the cases where the permit covers two or more regions. Pending such consultation, however, provisional time-table may be issued but such provisional time-table unless finally approved in the manner as aforesaid shall cease to be valid, unless otherwise directed;(xii)powers to allow condonation of delay in the submission of an application for renewal of a permit subject to payment of delay fees as prescribed in Schedule E3 :Provided that the Regional Transport Officer, shall-(a)keep the Regional Transport Authority informed, from time to time, of the action taken by him in pursuance of the power delegated; and(b)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 :Provided further that the delegation of powers referred to in sub-clause (ii) of clause (a) of this sub-rule shall also be subject to the condition that the Regional Transport Authority shall ensure that the Regional Transport Officer in exercising the said powers in relation to an application for Contract Carriage permits shall have due regard to the views of such committee as may be appointed by the State Government, from time to time, and where in any case the Regional Transport Officer differs from such views, he shall record his reasons therefor.(2)Notwithstanding anything contained in this rule, a Regional Transport Authority may, from time to time, issue instructions to the Regional Transport Officer as to the manner in which he shall exercise the powers delegated to him.(3)Every Regional Transport Authority shall hold a special meeting within thirty days, whenever any complaint is received from the Deputy Commissioner of Police, Traffic Department, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.], or from the Superintendent of Police in any district regarding violation of any permit conditions or of any provisions of section 84 or sub-section (1) of section 86 of the Act by any motor vehicle. In such special meetings, the complaints made shall be taken for consideration as per the provisions of section 86 of the Act.(4)The Regional Transport Authority may, by general or special resolution, delegate the power under section 86 of the Act to suspend a permit or to recover from the holder thereof the sum of money agreed upon in accordance with sub-section (5) of the said section to the Deputy Commissioner of Police (Traffic) in [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] or to the Superintendents of Police in the districts.
