Bhim Singh vs State of Uttarakhand

Sudhanshu Dhulia, J.—Mr. Amar Shukla, Advocate, present for the petitioner. Mr. T.A. Khan, learned Deputy Advocate General with Mr. Rajesh Sharma, learned Brief Holder, present for the State/respondent Nos. 1 to 3.

The Regional Transport Officer, who is also the Secretary, Regional Transport Authority, is present before the Court.

The issue before this Court is that in District Dehradun certain contract carriage vehicles are being run as stage carriage in connivance with the transport authorities.

The essential difference between the stage carriage and the contract carriage, as per the Motor Vehicles Act, is that a stage carriage permit holder picks passengers from one point and there can be various stages till the final destination point which are various stages, that is why it is called a ''stage carriage''. On the other hand, a contract carriage permit holder runs from one point to the destination point only.

Further, there are additional conditions, which a contract carriage permit holder has to fulfil, which are given in section 70 of the Uttar Pradesh Motor Vehicles Rules, 1998. Section 70 reads as under:

Additional conditions of contract carriage permit--The following shall be the additional conditions of every contract carriage other than a motor cab - (i) the permit-holder shall cause to be prepared in triplicate a list of passengers travelling in the vehicle in the following form in respect of each trip:

LIST OF PASSENGERS

(ii) One copy of the list shall be sent by Registered Post acknowledgement Due to the Authority which issued the permit for record, the second copy shall be carried in the vehicle and shall be produced on demand by the officers authorized to demand production of documents by or under the Act, the third copy shall be preserved by the permit holder;

(iii) the permit-holder or his authorized agent shall issue a receipt to the hirer in respect of payment received for hire and the counterfoil of the same shall be kept available with him and produce on demand to the officer authorized to demand documents by or under the Act;

(iv) the permit-holder shall maintain an yearly day to day logbook indicating the name and address of the permit-holder and the registration mark of the vehicle, name and address of the driver with the particulars of his driving licence and the starring and destination points of the journey with the time of departure and arrival and the name and address of the hirer;

(v) the permit-holder shall quarterly furnish an extract of the log book specified in condition (iv) above to the Transport Authority which issued the permit. The said logbook shall be preserved for a period of three years and shall whenever required be made available to the said authority for inspection during the said period: Provided that nothing in this rule shall apply to any contract carriage hired to carry a marriage party.

Apart from these Rules, Section 73 and Section 74 of the Motor Vehicles Act, 1988 also give detail conditions which such a permit-holder shall have to follow. Section 73 and section 74 of the Motor Vehicles Act, 1988 reads as under:

Application for contract carriage permit.--An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:

(a) the type and seating capacity of the vehicle;

(b) the area for which the permit is required;

(c) any other particulars which may be prescribed.

Grant of contract carriage permit.--(1) Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it u/s 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:

Provided that no such permit shall be granted in respect of any area not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely:

(i) that the vehicles shall be used only in a specified area or on a specified route or routes;

(ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area;

(iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons;

(iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers;

(v) that, in the case of motorcabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle;

(vi) that, in the case of vehicles other than motorcabs, specified rates of hiring not exceeding specified maximum shall be charged;

(vii) that, in the case of motorcabs, a specified weight of passengers luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate;

(viii) that, in the case of motorcabs, a taximeter shall be fitted and maintained in proper working order, if prescribed;

(ix) that the Regional Transport Authority may, after giving notice of not less than one month,

(a) vary the conditions of the permit

(b) attach to the permit further conditions;

(x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority;

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;

(xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused;

(xiii) any other conditions which may be prescribed.

(3) (a) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type as may be fixed and specified in the notification, operating on c(sic)outes in towns with a population of not less than five lakhs.

(b)Where the number of contract carriages are fixed under Clause (a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely:

(i) financial stability of the applicant

(ii) satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages; and

(iii) such other matters as may be prescribed by the State Government:

Provided that, other conditions being equal, preference shall be given to applications for permits from:

(i) the India Tourism Development Corporation;

(ii) State Tourism Development Corporation;

(iii) State Tourism Departments;

(iv) State Transport undertakings;

(v) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force;

(vi) Ex-servicemen.

The Regional Transport Authority, who appears before this Court in person, has made a candid admission before this Court that conditions of Rule 70 which are mandatory in nature are not being complied with. This Court, therefore, was inclined to direct his superior authority which is the Chairman, Regional Transport Authority i.e., Commissioner, Garhwal Region to take appropriate action against him. However, presently this Court refrains from passing any such order rather it is presently giving a positive direction to file a detail report in the matter within a period of six weeks beginning from today. The Regional Transport Authority shall also explain to this Court as to what steps they have new taken to remedy the wrong. List this matter on 16th April, 2014 in daily cause list.