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State of Tamilnadu - Section

Section 3 in Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992

3. Grant of permit under certain circumstances.

(1)Notwithstanding anything contained in a draft scheme or an approved scheme, the Regional Transport Authority may, on an application made in accordance with the rules made in this behalf, grant a permit or renew a permit to a small operator to ply his stage carriage on the entire route covered by the draft scheme or the approved scheme or on such portion of the route covered by the draft scheme or approved scheme as may be specified and for such period and subject to such terms and conditions which may be in respect of matters specified in sub-section (2) of section 72 of the Motor Vehicles Act or in respect of any other matter as it thinks fit.Explanation. - For the purposes of this sub-section and section 6, "small operator" means any stage carriage operator holding on the date of the commencement of this Act or on any date subsequent to such date of commencement, five or less stage carriage permits notwithstanding that all or any stage carriage permits had expired after such date of commencement:Provided that in computing the number of stage carriage permits for the purposes of this sub-section -
(i)the number of permits in respect of reserve vehicles kept by the stage carriage operator to maintain the service; or
(ii)the number of temporary permits granted under clause (a), clause (b) or clause (c) of sub-section (1) of section 87 of the Motor Vehicles Act, shall be excluded.
(2)Notwithstanding anything contained in a draft scheme or an approved scheme, the Regional Transport Authority may, on an application made in accordance with the rules made in this behalf, vary the conditions of a permit for a stage carriage so as to enable the applicant to operate on the entire route or any portion of the route covered by such draft scheme or an approved scheme.
(3)For the period during which the permit referred to under sub-section (1) or sub-section (2) is in force, the draft scheme or the approved scheme relating to the entire route or portion of the route referred to in the said sub-sections shall be deemed to have been modified to the extent specified in the said subsections.
(4)Notwithstanding anything contained in Chapter VI including section 98 of the Motor Vehicles Act, the provisions of Chapter V of that Act and the rules made thereunder shall, so far as may be, apply in relation to the grant, renewal or variation of permit under this section as they apply in relation to the grant, renewal or variation of permit under the said Chapter V.