The Assam Motor Vehicle Rules, 2003 PDF

THE ASSAM MOTOR VEHICLE RULES, 2003  NOTIFICATION (Dated 15th March, 2003) No. TMV 394/88/Pt/142.-Whereas draft of certain rules, which the Governor of Assam proposes to make in exercise of the powers conferred by Sections 28, 38,95,96, 107,...

THE ASSAM MOTOR VEHICLE RULES, 2003  NOTIFICATION (Dated 15th March, 2003) No. TMV 394/88/Pt/142.-Whereas draft of certain rules, which the Governor of Assam proposes to make in exercise of the powers conferred by Sections 28, 38,95,96, 107, 111, 138 and 176 read with Section 200 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and in supersession of the Assam Motor Vehicles Rules, 1940, except as respects things done or omitted to be done before such supersession, were published as required under subsection (1) of Section 212 of the said Act in the Transport Department’s Notification No. TMV-394/88/Pt./137, dated the 1st August, 2002, published in the Assam Gazette, Extra Ordinary No. 634, dated the 1st August, 2002 inviting objections or suggestions from all persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette. And whereas objections and suggestions received on the said draft have been considered by the Governor. Now, therefore, in exercise of power conferred by Sections 28, 38, 95, 96, 107, 111, 138 and 176 read with Section 200 of the Motor Vehicles Act, 1988 Central Act 59 of 1988) and in supersession of the Assam Motor Vehicles Rules, 1940 except as respects things done or omitted to be done before such possession, the Governor of Assam is hereby pleased to make the following rules namely: CHAPTER-I PRELIMINARY 1. Short title, extent and commencements-(l) these rules may be called the Assam Motor Vehicle Rules, 2003. (2) They shall apply to all the Motor Vehicles in the whole of the State of Assam. (3) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions-(1) In these rules, unless there is anything repugnant to the subject or the context, (a) ‘Act’ means the Motor Vehicles Act, 1988 (Act No. 59 of 1988). (b) ‘Agent’ means any person, company or firm engaged directly or indirectly in the business of (i) Collecting, or (ii) Forwarding and distributing, or (iii) Collecting, forwarding and distributing goods for goods carriages, or (iv) Sale and tickets or booking of passengers for travel by public service vehicles. (c) “Agent’s Licence” means a licence granted under Rule 51 and includes a licence granted either to a Collecting Agent, Forwarding and Distributing Agent or Booking Agent; (d) ‘Booking Agent’ means an agent licensed to do the business of selling or booking of passengers for travel by public service vehicles; (e) “Collecting Agent” means an agent licensed to do the business of collecting goods to be carried by any goods carriage; (f) ‘Collecting Forwarding and Distributing Agent’ means an any agent licensed to do the business of collecting, forwarding end distributing goods to be carried by any goods carriage or of selling of ticket to passengers or of booking passengers for travel by public service vehicles; (g) ‘Commissioner of Transport’ means the officer appointed as such by the Government; (h) ‘Enforcement Inspector’ means the officer appointed as such by the Government for the purpose of enforcing the provisions of the Motor Vehicles laws and to detect the violation of such laws; (i) ‘Government’ means the Government of Assam; (j) ‘Motor Vehicle Inspector’ means an officer appointed as such by the Government for the purpose of inspecting the motor vehicles mechanically and for the purpose of examining the proficiency of drivers, detection of violations and enforcing of the provisions of Motor Vehicle Laws and includes any other person appointed and authorised by the Government for the purposes aforesaid. (k) ‘Licensing Authority’ in relation to a driving licence or a conductor’s licence means the District Transport officer of the district or the Deputy Commissioner of the district where there is no such District Transport Officer within their area of jurisdiction or such other authority as may be specially empowered in this behalf by the State Government by notification published in the Official Gazette and, in relation to an Agent’s licence, the Secretary, State Transport Authority. The licencing authority shall delegate the authority to one of his Subordinate officer in writing to issue or renewal of licence, during his leave period. (m) ‘Registering authority : means the District Transport Officer of the district or the Deputy Commissioner of the district where there is no such District Transport Officer within their area of jurisdiction or such other authority as may be specially empowered in this behalf by the State Government by notification published in the Official Gazette. The licencing authority shall delegate the authority to one of his Subordinate officer in writing to issue or renewal of licence, during his leave period. After return from the leave the registering authority shall authenticate the works done by his subordinate officer during his leave period. (n) ‘rule’ means the Assam Motor Vehicle Rules, 2003. (2) The terms of words used but not defined in these rules shall have the same meaning as has been respectively assigned to them in the Act or the Central Motor Vehicle Rules, 1989. COMMENTS Interpretation of statutes- Definitions under the enactment use of- Definition of any expression used in any enactment may not be wholly decisive to be adopted while construing the same in the context of a different legislation, more particularly if the object and purpose thereof is different from the former. [Brihatar Dispur Mati Truck Malika Santha v. State of Meghalaya, (2003) 2 GLT 446]. Interpretation of statute-words in a statute : It is not sound principle of construction to brush aside words in a statute as being in opposite surplusage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. [Progoti Bora v. State of Assam, 2003 (1) GLT 472]. Principles of natural justice-Violation of : It is not always necessary to strike down an order on ground of violation of principles of natural justice, it may be refused, if the same may result in an another order which may be violating the principle of natural justice. [ Mahesh Doley v. State of Assam, 2003 (1) GLT 33]. Shall—Meaning of : The recording of reasons is mandatory on account of the use of the word ‘shall’. It is further the mandate of sub-section (7) of Section (57) of the Motor Vehicles Act, 1988 that in case the financer fails to issue the certificate and further fails to communicate the reasons for renewal to issue the necessary certificate within the prescribed period of 7 days, the certificate applied for shall be deemed to have been issued by the financier. Even if the financier was simply to refuse to Issue the certificate but at the same time he fails to communicate the reasons, the certificate by fiction of law shall be deemed to have been granted. In other words not only the communication of the refusal but recording of the reasons is also mandatory in accordance with the provisions of sub- section (7) of Section 57 of the Motor Vehicles Act, 1988. This is the only construction which in considered view can be placed upon sub-section (7) of Section 57 of the Motor Vehicles Act, 1988. Any other interpretation to be placed upon sub-section (7), it would mean doing violence to the language of provisions of Section 7 of Section 57 of the Motor Vehicles Act, 1988. [Gostha Behari Ghosh v. State of Tripura, 1998 (1) GLT 161]. CHAPTER-II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Maintenance of State Register of Driving licence : (l) The Commissioner of Transport shall maintain a state register as required under Section 26 of the Act in respect of the driving licence issued or renewed by the Licensing Authorities in Form No. 10 as prescribed in the Central Motor Vehicles Rules, 1989. (2) The Licensing Authorities of the State shall, while issuing a driving licence, record the information as required for the maintenance of the State Register of Driving licence and furnish the same to the Commissioner of Transport quarterly on or before 10th April, 10th October and 10th January every year covering the information so recorded during the preceding period of three months. (3) (a) Every licence issued or renewed by Licensing Authority shall be in Form 6 of the Central Motor Vehicle Rules, 1989. (b) Where the Licensing Authority has the necessary facility and apparatus for issuing a laminated card type driving licence such card type driving licence shall be in Form 7 of the Central Motor Vehicles Rules, 1989. (c) The fees chargeable for the purpose of issuing a driving licence in Form 6 or in Form 7 or for their renewal shall be such as has been specified in Rule 32 of the Central Motor Vehicles Rules, 1989. 4. Licence defaced torn or lost : (l) If at any time it appears to the Licensing Authority that a licence held by any person is so torn or defaced in any way so as to cease to be reasonably legible, the Licensing Authority may impound the licence and issue a duplicate thereof. (2) If the licence is so impounded, the holder of the licence shall submit three copies of a recent passport size photograph along with the fee prescribed hereinafter for the issue of a duplicate licence. (3) In the case of loss of a driving licence, the holder thereof shall make an application with the fee prescribed hereinafter along with three copies of a recent passport size photograph and shall satisfy the Licensing Authority about the circumstances under which the licence has been lost. (4) The fee for the issue of a duplicate driving licence under this rule shall be Rs. 20.00 (Rupees Twenty) only to be credited to the Government. (5) When a duplicate licence is issued under the foregoing sub-rules it shall be clearly stamped as “DUPLICATE” in red and shall bear the date and seal of the issuing Licensing Authority. (6) If the issuing authority of the duplicate licence is not the original Licensing Authority he shall forthwith intimate the fact to the original Licensing Authority along with a copy of the recent passport size photograph of the person to whom such a duplicate has been issued. (7) If the holder of a licence applies in due time for renewal and/ or for endorsement of a new class or category of vehicles and if there is no space in the original licence, the Licensing Authority may issue a duplicate driving licence without charging any fee. But in such cases also the holder of the licence shall have to submit three copies of his recent passport photograph. 5. Driver’s badge and uniform : (I) The driver of a public service vehicle, while on duty, shall wear and display on his left breast a metal badge in the form illustrated in illustration No.1s in the Schedule IV hereto issued by the Licensing Authority. (2) The driver of a public service vehicle shall not hold more than one such badge within the State. (3) The fee for the issue of a badge shall be Rs. 15/- (Rupees fifteen) only. (4) No driver shall lend or transfer the badge to any other person. (5) The driver of public service vehicle shall compulsorily wear, while on duty, a trouser and a bush shirt, both of khaki colour for ordinary vehicles and sky blue shirt and navy blue pant for Tourist Omni buses/delux buses/taxies. If a driver found without uniform shall be fined with Rs. 5O/- and that shall be recorded in his Licence. After three such offences, his Licence shall be cancelled. 6. Fee for issue of Medical Certificate.-The fee chargeable by the authority other than Government medical practitioners for issuing a medical certificate shall be Rs. 15.00 (Rupees fifteen) only. No fee shall be charged if the medical certificate is issued by a Government medical practitioner. 7. Exemption from payment of fees.-The Government may, by notification in the official Gazette, exempt any person or class of persons or categories of persons, as may be declared from time to time, from the payment of all or a portion of the fees prescribed under this Chapter. 8. Communication to other Licensing Authorities.-When any Licensing Authority other than the original Licensing Authority makes any endorsement as to the addition of a new category of vehicle in the driving licence or renews a driving licence he shall forthwith intimate the original Licensing Authority about the facts of such endorsement or renewal, as the case may be. But before such endorsement for change of new category or residence etc of the driver, the original licence will have to be verified properly by obtaining particulars from the original Licensing authority through a Registered A/D Post. 9. Conduct and duties of drivers of public service vehicles.-The Driver of public service vehicle- (a) shall not cause or allow any person, animal or thing to be placed in the space reserved for the driver or otherwise in such a way so as to impede him in having a clear vision of the road or proper control of the vehicle. (b) shall not, shout in order of attract passengers to be on board or behave in such a manner that is likely to cause annoyance to any female passenger. (c) shall not, while on board, smoke or shout or otherwise disturb the passengers on board. (d) shall, subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at, or except at, certain specified places, bring the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor for the purpose of taking up or setting down the passenger or otherwise. (e) shall not, when bringing his vehicle to rest for the purpose of picking up or setting down any passenger at or near the place where another public service vehicle is at rest for the same purpose, drive the vehicle in such a way as to endanger or cause inconvenience to the passengers of any of the vehicles or public or interfere with the driver or conductor of the other vehicle or any person mounting or preparing to mount therein or alighting there from and shall bring his vehicle to rest in front of or behind the other vehicle and on the left hand side of the road or place. (f) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre horn and lamp thereof is in defective condition likely to endanger any passenger or other person or when there is not sufficient fuel and lubricant in the tank of the vehicle so as to enable him reach the next filling station of the route. (g) shall not drive his vehicle without having due regard to the safety and security of the passenger and the user of the public roads or behave in such a manner so as to cause inconvenience or annoyance to the public. (h) shall keep and maintain in the vehicle a first aid box, a fire extinguisher and an inflated spare tyre in excellent working condition. The first aid box and the fire extinguisher shall be properly placed and exhibited to the passengers prominently displaying those by sign and inscription. (i) shall renew his licence minimum seven days before the date of expiry of the validity of licence, failing which a fine of Rs. 50/- per month shall imposed. 10.Conduct and duties of drivers of metered taxies or authorickshaw : (l) The driver of a metered taxi or an authorickshaw- (a) shall not refuse to accept any passenger for hire; (b) shall proceed the destination named by the hirer by the shortest quickest route without fail or negligence; (c) shall set the fare meter in motion as soon as and before he is hired without fail or negligence and upon the termination of the hiring, shall immediately stop the same; Provided that in the event of meter cab or authorickshaw while hired being unable to proceed for any accident, mechanical deragements or tyre failure, either temporarily or otherwise the driver shall at once stop the mechanism of the fare meter as against the hire and in such an event the hirer shall be liable to pay the fare up to that time of the stoppage, (d) shall not cry any person as attendant or otherwise in the motor cab or the authorickshaw, as the case may be, except in rural area where one attendant may be employed. Provided that in case of a motor cab playing in cities or towns in between the hours of 8 P.M. to 5 A.M. one person may be employed as attendant. (e) shall not be rude to a passenger and shall not misbehave with any passenger. (2) The provisions of Rule 9 except clause (d) thereof, shall be applicable mutatis mutandis to the drivers of metered motor cabs or authorickshaw. 11. Licensing Authority may make enquiries for driving Licence : (i) Upon receipt of an application for a driving licence or for an authorisation to drive a transport vehicle, the Licensing Authority may make such enquiries as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified or liable to be disqualified for holding a licence. In case of issue of Transport vehicle driving licence, the licensing authority shall collect police verification report. The issuing authority of PVR shall have to provide issue number of letter of his office, which shall be recorded by the licensing authority. For others for establishment of identity the Licensing Authority shall ask for a copy of Ration card or card of local Employment Exchange or a certificate from Gazetted Officer. Waiver of production of above documents may be made by the Licensing Authority, if he is satisfied about the address of the applicant. (ii) For issue of a Transport vehicle driving licence the licensing authority must satisfy that the applicant has obtained a proper driving training from a licensed driving school in addition to the certificate issued by that Driving Training School. (iii) A learner’s and a driving licence shall be issued for the following categories: (a) Motor Cycle without gear; (b) Motor cycle with gear; (c) Invalid carriage; (d) Light Motor vehicle; (e) Transport vehicle; (f) Road roller, grader, etc, (g) Motor vehicle of a specified description; 12. Appellate Authority-Every appeal preferred under Chapter II of the Act shall lie before Commissioner of Transport, Assam who shall be the Appellate Authority to hear and dispose of the appeals in the manner hereinafter provided. 13. Conduct and hearing of appeals-(I) An appeal under Rule 12 of these shall be filed in duplicate in the form of memorandum. One copy thereof shall bear the Court fee of 20.00 (Rupees twenty) only and the appeal shall set forth concisely the grounds on which the appellant disputes the order. It shall be accompanied by a certified copy of the order appealed against. (2) The Appellate Authority after such enquiry, if any, as may deem necessary and after giving an opportunity to the appellant of being heard may confirm, vary, set aside or modify the order against which the appeal is preferred and shall make an order accordingly. CHAPTER-Ill LICENSING OF CONDUCTORS OF STAGE CARRIAGES 14. Application for a conductor’s licence : (I) Any person having the requisite qualification as prescribed hereinafter may apply to the Licensing Authority in Form in No. 1 (C.L.A.) as prescribed in the Schedule 1 to these rules. (2) The medical certificate to be accompanied with application for a Conductor’s licence shall be in Form NO.2. (M.C.C.) as prescribed in the Schedule 1 to these rules and shall be accompanied by three copies of the applicant’s recent passport photograph of the size of five centimeters by six centimeters. (3) The provision of Rule 6 shall apply mutatis-mutandis for issue of medical certificate for a conductor’s licence. (4) Qualification-No person shall be granted a conductor’s licence unless he has studied up to class VIII and completed the age of 18 years on the date of the application. (5) On receipt of an application along with the due fee a conductor’s licence as prescribed by sub-section (5) of Section 30 of the Act read with Rule 32 of the Central Motor Vehicles Rules, 1989, the Licensing Authority may make such enquiry as may deem fit and necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified for holding the licence. (6) The Licensing Authority may summon the applicant to appear before it at such time and place as he may appoint and conduct a test to satisfy himself that the applicant has adequate knowledge of the provisions of the Acts and the rules relating to the duties and functions of a conductor. The Licensing Authority may then issue the licence in Form No.3 (C.I.) as prescribed in the Schedule I to these rules. 15. Duties of Conductors of Public Service Vehicle-The conductor of a Public Service Vehicle shall- (i) as far reasonably be possible, having regard to his duties, be responsible for due observance of the provisions of the Act and the rules framed thereunder; (ii) not smoke or cause or allow anyone to smoke inside the vehicle; (iii) behave in the most gentle and orderly manner to the passengers and also to other persons including the persons intending to be passenger of the vehicle or any other vehicle; (iv) be dressed in a neat ·and clean manner with the dress hereinafter prescribed; (v) shall maintain the vehicle in a clean and hygienic condition; (vi) not solicit passengers save in a civil, gentle and quiet manner; (vii) not interfere with any person mounting or preparing to mount any other vehicle; (viii) not allow any person except a medical practitioner and medical staff requiring accommodation in order to visit the site of road accident or attend a person with serious illness to be carried in the vehicle to be on board of the vehicle in excess of the capacity specified in the certificate of registration of the vehicle; (ix) not save for good and sufficient reasons, refuse to carry any person tendering the due and legal fare; (x) realise the fare and the freight for luggage, if any to which he is legally entitled and issue tickets to the passenger immediately after the boarding of the passenger on the vehicle; (xi) where goods are carried in accordance with the provisions of the Act and the rules in addition to the passengers, take all reasonable and due precautions to ensure the passengers on board are not endangered or unduly inconvenienced by the presence of the goods; (xii) not save for good and sufficient reasons, require any person who had paid the legal and due fare to alight from the vehicle before the completion of his journey; (xiii) not allow any person who does not hold ticket or any other valid document in lieu thereof for the journey to be performed to remain the vehicle; (xiv) not loiter or cause undue delay to any journey and shall proceed to his destination as near as may be in accordance with the timetable, pertaining to the vehicle or where there is no such fixed or specified time- table, in all reasonable promptness; (xv) in the event of the vehicle being unable to proceed to the destination on account of mechanical break down or any other cause beyond the control of the driver or the conductor arrange to convey the passengers to their destination in some other similar vehicles, or if unable to do so to arrange within a period of half an hour after the failure of the vehicle, shall on demand, refund to each passenger a proper proportion of fare. Provided that in the case of the vehicle owned by the Assam State Transport Corporation, the conductor. shall instead of refunding to a passenger the proportionate amount of the fare issue on demand to each passenger a memorandum in respect of the said proportionate fare on production of which a passenger shall be entitled to a refund of the amount from the corporation; (xvi) not cause or allow anything to be placed in the vehicle in such manner so as to obstruct the entry or exist of the passengers; (xvii) not demand from any passenger any amount more than due fare to which he is legally entailed; (xviii) not wrongfully prevent or attempt to prevent the driver or the conductor of any other motor vehicle from being hired by the intending passenger. (xix) not desist from the hiring or contract before the contract is fulfiIed duly; (xx) not stop or cause to stop the vehicle in any place other than a stand. or other place specified for the purpose so as to solicit customers; (xxi) not cause the vehicle to be driven without having due regard to the safety and security of the passengers and the users of the public road or behave in such a way so as to cause inconvenience or annoyance to the public; (xxii) keep a complain book for the purpose of recording complaints by the traveling passenger. (xxiii) display on the vehicle such time table and fare-table as may be prescribed by the Government from time to time by notification for the route to be served by vehicle; and (xxiv) whenever the vehicle approaches on unmanned railway level crossing cause to stop the vehicle and shall get down from the vehicle and only after being satisfied that the way is clear allow the vehicle to cross the railway tracks. 16. Application for renewal-(l) An application for renewal of a conductor’s licence shall be made in Form NO.4 (C.L.A.) (R) as prescribed in the Schedule - I to these rules along with the due fees as prescribed under sub-section (5) of Section 30 of the Act read with Rule 32 of the Central Motor Vehicle Rules, 1989 to the Licensing Authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business. (2) Every renewal of a conductor’s licence shall be made by way an endorsements made to that effect stating the period up to which it is renewed on the body of the original licence. Such endorsement shall be duly signed and sealed by the Licensing Authority renewing the licence, 3) Where a conducts’ licence is renewed by any Licensing Authority other than the Licensing Authority who originally granted the licence, forthwith communicate the particulars of the conductor’s licence, the date and the terms and conditions if any of the renewal to the original Licensing Authority. 17. Duplicate licence: (I) The provisions of Rule 4 as far as may be, shall apply in relation to a conductor’s licence as they apply in relation to duplicate driving licence. (2) Notwithstanding anything contained hereinbefore the fee for the issue of a duplicate licence for conductor shall be Rs. 15.00 (Rupees fifteen) only. 18. Conductor’s Licence issue in other District/State : (l) Notwithstanding anything contained herein a conductor’s licence issued by any competent authority belonging to any other State shall be recognised to be valid in Assam if the holder thereof enters Assam while on Duty in the vehicle in which he has been appointed. (2) When any Licensing Authority other than the original Licensing authority makes any endorsement, the provisions of Rule 8 as far as may be, shall apply in relations to the Conductors Licence. 19. Production of licence on demand : A conductor of a Public Service Vehicle shall on demand by police Officer in uniform not below the rank of Sub-Inspector of Police or any officer of the Transport Department in uniform, produce his licence for inspection; Provided that if at the time of the inspection he is displaying his conductor’s badge and the licence, for any reason, is not readily available with him, it shall be sufficient compliance of this Rule if he produces the licence within ten days at any Police Station in the State or any District Transport Office in the State. 20. Conductor’s Badge and Uniform : (l) The conductor of a Public Service Vehicle shall while on duty, wear and display on his left breast a metal badge in the form illustrated in Illustration No. 2 in the Schedule IV hereto issued by the Licensing Authority and each badge shall contain the name of the district and a district running serial number. (2) The conductor of a Public Service Vehicle shall not hold more than one such badge within the State. (3) The fee for the issue of a badge shall be Rs. 10.00 (Rupees ten) only. (4) The conductor of a Public Service Vehicle shall, while on duty, wear a trouser and a shirt, both are of blue colour. 21. Appellate Authority : The Commissioner of Transport shall be the Appellate Authority for the purpose of Chapter - III of the Act and shall dispose of the Appeals preferred under any of the provisions of the Chapter of the Act in manner hereinafter appearing. 22. Conduct and Hearing of appeals : (1) An appeal under Chapter-III of the Act shall be filled in duplicate in the form of a memorandum. One copy thereof shall bear the Court Fee of Rs. 20.00 (Rupees twenty) only and the appeal shall set forth concisely the grounds on which the appellant disputes the order. It shall be accompanied by as certified copy of the order appealed against. (2) The Appellate Authority after such enquiry, if any, as it may be deemed necessary and after giving an opportunity to the appellant of being heard, may confirm, vary, set aside or modify the order against which the appeal is preferred and shall make an order accordingly. CHAPTER-IV REGISTRATION OF MOTOR VEHICLES 23. Failure to get Registration mark/change of address/Transfer of ownership/Renewal of certificate of Registration assigned-If the owner of a motor vehicle or the person in possession of a motor vehicle fails to submit an application for registration motor vehicle within the prescribed period as stipulated under Rule 47 of the Central Motor Vehicle Rules, 1989, or to submit an application for renewal of certificate of registration with the prescribed period as stipulated under Rule 52 of the Central Motor Vehicle Rules, 1989 or to submit an application for assignment of new registration mark within the prescribed period as stipulated under Rule 54 Central Motor Rules, 1989 or to submit an application for recording the change of residence or place of business within the prescribed period as stipulated under subsection (I) of Section 49 of the Act submit an application for recording the ownership within the prescribed period as stipulated under clause (a) or clause (b) of sub- section (I) of Section 50 of the Act, as the case may be he may in lieu of any action that may be taken against him under Section 177 of the Act be made liable to pay a late fine at the rate as laid down below in addition to the normal fees— (a) Rs. 100.00 (Rupees one hundred) if the application is submitted within 30 days after expiry of prescribed period. (b) Rs. 200.00 (Rupees two hundred) if the application is submitted after 30 days but within 60 days of the expiry of prescribed period. (c) Rs. 300.00 (Rupees three hundred) if the application is submitted after 60 days of the expiry of prescribed period. 24. Assignment of new registration mark : (1) An application for new registration mark under sub-section (I) of Section 47 of the Act, shall be in the form prescribed by the Central Government. (2) The registration authority shall before assigning registration mark under Section 47 (I) or before entering particulars of transfer of ownership of a motor vehicle in the Certificate of Registration, require owner or, as the case may be the transferee, to produce the motor vehicles before itself in order that the registering authority may satisfy itself that the particulars of the vehicle recorded in the Certificate of the Registration are correct and the vehicle complies with the provision of Chapter - VII of these rules. (3) The owner of a motor vehicle who has brought such motor vehicles from outside the State into the State or the vehicle is for the time being kept in the State shall intimate to the Registering Authority in whose jurisdiction the vehicle is kept in Form No. AMV 5A (Form for intimation when a Motor Vehicle registered outside the State has been brought to the State) within 30 days from the date of entry of the motor vehicle in the State. (4) If the owner of the motor vehicle or the person in possession of the motor vehicle fails to apply for assignment of new registration mark under sub-section (I) of Section 47 of the Act he shall be liable to pay the amount as provided below: (a) Rs. 100.00 (Rupees one hundred) if the application is submitted within 7 days after expiry of the prescribed period. (b) After lapse of 7 days again a fine of Rs. 300.00 (Rupees three hundred) can be re-imposed if the vehicle is not reassigned within 7 days of detection. This practice can be repeated after every 7 days till the vehicle is reassigned. (5) The registering authority before recording transfer of registration of a motor vehicle from one district to another, one State to another State shall have to obtain a No Objection Certificate and a Tax Clearance Certificate from the original registering authority together with all particulars of vehicle through a Registered A/D post. The registering authority assigning a new registration mark to a motor vehicle shall intimate the registering authority which originally issued the certificate of the registration, that a new registration mark has been assigned to the motor vehicle and call for the records of registration of vehicle or certified copies thereof. The registering authority shall simultaneously inform the owner and the other party, if any, to an agreement of hire purchase, specified in the note appended to the certificate of registration of such new registration mark. (6) The No objection certificate Obtained for reassignment of vehicle must contain the following additional particulars if the vehicle is also earlier reassigned. (a) The date of registration of vehicle in the original district/State. (b) The date of registration of vehicle in their district/State. (c) The old registration number allotted by the original registering authority. 25. Temporary Registration : (l) An application for temporary registration shall be made in Form No. 5 (AR) (Temporary) as set forth in the Schedule-I to these rules accompanied by the specified fee and clearly marked “Temporary”. It shall not be necessary to fill in the items No 14 to 20 of the aforesaid Form notwithstanding that the vehicle may be a transport vehicle. (2) A temporary Certificate of Registration shall be in Form No. 6 (C.R.) (Tem) as set forth in the Schedule-I to these rules. (3) The fee in respect of temporary registration of vehicles shall be as under: Class of Vehicles Temporary Registration 1. Motor Cycle/Scooter (2 Wheeler) Rs. 30.00 (Rs. Thirty) 2. Auto-Rickshaw (3 Wheeler) Rs. 50.00 (Rs. Fifty) 3. Light Motor vehicle Rs. 100.00 (Rs. One hundred) 4. Medium Motor Vehicle Rs. 150.00 (Rs. One hundred fifty) 5. Heavy Motor Vehicle other than multiaxial Rs.200.00 (Rs. Two hundred only) 6. Multiaxial / Articulated Rs. 250.00 (Two hundred fifty only) The purchaser of a motor vehicle shall apply to any Registering Authority or other prescribed authority to have trailer/crane/dumper the vehicle in prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and temporary registration mark. A registration made under Section 43 of the M.V. Act shall be valid only for a period not exceeding one month and shall not be renewable. Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body or any unforeseen reason/circumstances beyond the control of the owner the period may on payment of half (50%) of the prescribed fee for the particular class of vehicle mentioned above per month be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow. In case where the motor vehicle is held under hire purchase agreement, lease or hypothecation temporary registration may be done in accordance with the provision of Section 43 (3) of the M.V. Act. (4) The Registration Authority granting temporary certificate of registration shall assign a temporary registration mark to be affixed to the front and the rear sides of the motor vehicle in the manner laid down in this behalf in the Central Motor Vehicle Rules, 1989. (5) As per Section 42 of the Central Motor Vehicle Rule, 1989 no holder of trade certificate shall deliver a motor vehicle to purchaser without registration, whether temporary or permanent. For contravention of above provision a penalty which may extend up to Rs. 100.00 for each offence may be proposed by any officer of the motor vehicle Department on the dealer of the Motor Vehicle. 26. Certificate of Fitness : (i) A Certificate of Fitness shall be issued or renewed on receipt of an application to the Inspector of Motor Vehicle through Registering Authority at least 30 days ahead of the expiry of the fitness certificate in the Form Nos. 21 and 21 (A) as the case may be by the officer of the Transport (MV) Department not below the rank of Inspector of Motor Vehicle or an Authorised Testing Station, having a letter of authority issued under sub-section (2) of Section 56 of the Act read with Rule 63 of the Central Motor Vehicle Rules, 1989 in Form No. 39 as prescribed in the Central Motor Vehicle Rules 1989 to the effect the vehicle complies with all the requirements of the Act and the Rules made there under together with the type of vehicle inspected. The Fitness Certificate issued by Motor Vehicle Inspector must be countersigned by DTO and DTO will keep a record of each certificate issued. Provided that where the authority prescribed for issue or renewal of Certificate of Fitness refuses to issue such certificate, it shall furnish the owner of the vehicle with its reasons in writing for such refusal in the Form No. 21 (C): (ii) A Fitness Certificate can be issued to a vehicle only at the office of the District Transport Officer where the vehicle is either registered or recorded. But a temporary Fitness Certificate may be issued at other offices in the Form No. 21 (B) for a period not more than 30 days, if the vehicle is stuck off in a place for repair etc. (iii) The owner of a vehicle applying for Fitness Certificate shall cause the vehicle to be produced for inspection on such date, on such time and place as the Inspector of Motor Vehicles may thereafter upon reasonable notice, appoint. COMMENTS Maximum Gross Vehicle Weight - specification of : The power to specify the maximum gross vehicle weight of a vehicle is vested with the Central Government and such power is to be exercised by the Central Government through a notification issued under sub-section (1) of Motor Vehicles Act, 1988 Section 58 of the Act. Since the impugned notification specifying the maximum gross vehicle weight has been issued of the Central Government in exercise of such statutory powers under sub- section (1) of Section 58 of the Act of Motor Vehicles Act, 1988, it is difficult to hold that the said notification is ultra vires, Rule 95 of the Rules 1989 and is liable to be quashed. [Shiv Kr. Pandit v. State of Assam, 1999 (2) GLT 116]. 27. Certificate lost, destroyed or multilated : (1) If a Certificate of Registration or a Certificate of Fitness is lost, destroyed or mutilated, the owner of the vehicle shall file forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply with the fee prescribed under the Central Motor Vehicle Rules, 1989 for issue of a duplicate certificate; Provided that in case of certificate of fitness the prescribed fee for the issue of a duplicate certificate shall be half of the fee prescribed in serial 11 of Rule 1 of the Central Motor Vehicles Rules, 1989. (2) On receipt of application and the fee referred to in sub-rule (1) above the authority shall furnish to the owner a duplicate copy of the Certificate of Registration or the Certificate of Fitness, as the case may be, duly stamped “DUPLICATE” in red ink. 28. (A) Maintenance of State Register of Motor Vehicle : (1) The State Register of Motor Vehicle may by either in bound book form or on computer disc form or in computerised audio tape form in the office of the Commissioner Transport, Assam. (2) As soon as the vehicle is registered, the necessary entries shall be taken up or entered in the State Register of Motor Vehicle. (3) The State Register of Motor Vehicle shall be maintained according to the two broad classes of the vehicle, e.g. transport or non-transport and as per detailed classification of vehicles, e.g. two wheelers, cars, goods carriage, public service vehicle, tractor etc. (4) The State Government shall supply to the Central Government a copy of the register referred to in sub-rule (1) so as to reach the Director (Transport Research). Ministry of Surface Transport, New Delhi on or before 21st July and 31st January of every year covering the details of the proceeding period of six months. (5) The Registering Authorities of the State while registering a motor vehicle shall record the information as required for maintenance of the State Register of Motor Vehicles and furnish the same to the Commissioners of Transport on or before 10th July and 10th January of every year covering the information so recorded during the preceding period of six months. The Registering authorities shall also inform the Commissioner without delay about all the additions to and other amendments in such registers from time to time. (6) The Commissioner of Transport shall furnish to the Government a copy of the Register referred to in sub-rule (4) above on or before 20th July and 20th January of every year for the purpose of onward transmission to the Director (Transport Research), Ministry of surface Transport, New Delhi. 28. (B) Issue of Certificate of Registration : (1) Upon the receipt of an application for registration or for any other purpose under the Act, the Registering Authority, shall make such enquiries as may be reasonably necessary to establish the identity, eligibility and bonafides of the applicant. (2) Every application for registration of a motor vehicle under Section 41 of the Act shall also be accompanied by a certificate issued by the officer in charge of the local Police Station under which the applicant resides verifying thereon the address of the applicant or a similar certificate from an officer of the Central or State Government subject to the satisfaction of the registering authority. This is in addition to the formalities to be complied with under Rule 47 of the Central Motor Vehicles Rules, 1989 and other provisions of the Act. (3) On receipt of an application under Rule 47 of the Motor Vehicles Rules, 1989 and after verification of the documents furnished herewith, the Registering Authority shall subject to the proving of Section 44 issue to the owner of the motor vehicle a certificate of registration in Form 23 of the Motor Vehicles Rules, 1989. Provided that where the Registering Authority has the necessary facility and apparatus issue laminated card type Registration Certificate, such card type registration certificate only for personalised vehicles owned and not used for hire or reward shall be in Form 23 of the Motor Vehicles Rules, 1989. (4) The fee which shall be charge under provisions of this Chapter shall be as specified under Rule 81 of the Motor Vehicles Rules, 1989. Provided further that the fee which shall be charged in respect of issue of duplicate registration certificate in Form 23 shall be half of the amount of fee specified under Rule 81 of the Motor Vehicles Rules, 1989 for the purpose of registration of that category of motor vehicles. COMMENTS Imposition of composite fee Section 88 of Motor Vehicles Act, 1988.The contention of the Counsel for petitioner that composite fee is not contemplated either under the Act or (Section 88 (9) of the Motor Vehicles Act, 1988) in the rules framed there under and that plea finds place in paragraph 15 of the writ application. This contention is not correct in as much as in the authorisation certificate issued in the prescribed form on the reverse side of the authorisation certificate of composite fee is mentioned and Rule 83 also provides for payment of taxes or fees if any levied by the concerned State. Form 47 also provides for certificate of payment of composite fees and taxes. [Ratanlal Baid v. State of Mizoram, 2000 (2) GLT 163] 29. Particulars to be exhibited : (1) Save in the case of motor cabs, tractors or trailers, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in the manner prescribed below - (i) the name of the owner as set-forth in the certificate of registration and his address in brief. (ii) the unladen weight, denoted by “U.W ------------------------ kg” (iii) the registered axle weight, denoted by “RAW ------------------------kg” (iv) the number of passengers for whom, in addition to goods, accommodation is provided, denoted by “Number of seats ---------------“ (v) the pay load allowed, denoted by “P.Ld ------------------------M.T.” (2) The particulars referred to in sub-rule (1) above shall painted in English alphabet and numerals, each not less than 2.5 cm. in high breadth on the outer surface of the vehicle. 30. Information regarding stolen vehicles : (1) An officer-in-Charge of a Police Station where the theft of motor vehicle is reported by the owner or any other person in possession of the vehicle shall immediately after registering a case, send the intimation to the Commissioner of Transport Assam with a copy thereof to the Registering Authority where the vehicle was registered. (2) On receipt of the information referred to in sub-rule (1) above the Commissioner of Transport shall inform all the Registering Authorities in this State and all the Commissioner of the State the details of the stolen vehicle. (3) The Commissioner of Transport shall also maintain a register of Stolen vehicles with necessary particulars. (4) The Registering Authorities shall also maintain a register of stolen vehicles on the basis for the information received from the Commissioner of Transport or from the police, as the case may be. (5) If the vehicle reported to be stolen is recovered, the police station which recovers the vehicle shall forthwith intimate the fact to the Commissioner of Transport and to the relevant Registering Authorities. (6) On receipt of intimation under sub-rule (5), the Commissioner of Transport and the Registering Authority shall make note of such recovery in the register maintained under sub-rules (3) and (4) of this rule, as case may be. 31. Exemption for road rollers, graders, etc. /Government vehicles : (i) Nothing contained in this Chapter shall applicable to road rollers, graders and other vehicle designed and used solely for the construction, repairing and cleaning of road and the power tillers used for agricultural purpose. (ii) All Motor vehicles belonging to the Government of Assam shall be exempted from payment of Registration fees. 32. Appeals : (1) An appeal under Section 57 of the Act against the order passed by the Registering authority shall lie to the Commissioner of Transport, Assam who shall be the prescribed Appellate Authority for the purpose. (2) An appeal under Section 57 of the Act against the order passed by an Inspector of Motor Vehicles or an authorise Testing Station in respect of fitness certificate shall lie to the Registering Authority having jurisdiction over the area, who shall be the prescribed Appellate Authority for purpose. (3) The order of the Appellate Authority referred to in sub-rule (2) above shall be final subject to the powers of revision by the Commissioner of Transport, Assam. 33. Conduct and hearing of Appeals.-(1) An Appeal under Rule 32 of these rules shall be filled in duplicate in the form of a memorandum. One copy thereof shall bear the Court Fee Rs. 20/- (Rupees twenty) only and the appeal shall set forth concisely the grounds on which the appellant disputes the order. It shall be accompanied by a certified copy of the order appealed against. (2) An Appellate Authority referred to in Rule 32, after such enquiry, if any, as it may deem necessary and after giving an opportunity to the appellant of being heard may confirm or set aside or modify the order against which the appeal is preferred and shall make an order accordingly. 34. Revision : The revision against the order passed by the Appellate Authority referred to in sub-rule (3) of Rule 32 shall lie to the Commissioner of Transport and each such revision petition shall be filed in the same manner as prescribed in sub-rule (1) of Rule 33 and shall be disposed of by the Commissioner of Transport after making such enquiries as he may deem necessary and after giving an opportunity to the petitioner of being heard. CHAPTER-V CONTROL OF TRANSPORT VEHICLES 35. Removal of person contravening the Rules : The driver or the conductor of public service vehicles or a Police Officer on the request of the driver or the conductor or any passenger may remove any person contravening any provision of the Act or the rules from such vehicle and if such person paid fare for the journey that he intended to make, the conductor shall return the proportionate amount for the remaining part of the journey to the person so removed. 36. Passenger to disclose his name and Address : The driver or the conductor of a public service vehicle or a Police Officer may require a passenger reasonable suspected by the driver or the conductor or the Police Officer of contravening any of the provisions of the Act or the rules to give his name and address to such driver or conductor or Police Officer, as the case maybe. 37. Passenger to declare his journey and to pay fare : The driver or the conductor of public service vehicle may require a passenger to declare the journey he intends to take or has taken in the vehicle to pay the due fare for the whole of journey covered and to accept ticket therefore and to produce the same during the journey for inspection by the conductor, to surrender the same at the end of the journey to the conductor of the vehicle and to leave the vehicle on the completion of journey the fare for which he has paid. 38. Passenger to abstain from doing certain things : The conductor or driver of a public service vehicle may require any passenger to abstain from smoking while on board of the vehicle in which a notice prohibiting smoking is exhibited or from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger. 39. Passenger may enter in the complain book : (l) When any passenger on board or a public service vehicle finds that any provision of the Act of or the rules has not been complied with either by the owner or the driver or the conductor of the vehicle or by a fellow passenger, he may require the conductor to produce the complain book and may record the complaint as the case may be there under. (2) The conductor of a public service vehicle shall keep and maintain the complaint book in a neatly and orderly manner and shall produce the same at the end of every month for inspection by the State Transport Authority or Regional Transport Authority, as the case may be. (3) The State Transport Authority or the Regional Transport Authority, as the case may be, after scrutinizing the complaints so received shall take appropriate action in terms of the provisions of the Act and the rules framed thereunder. 40. Conduct of passenger in public service vehicle : Any passenger while on board in a public service vehicle shall not- (i) obstruct the conductor in the execution of his duties, or (ii) knowingly or intentionally enter the vehicle which is carrying the maximum number of passenger according to the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried in excess of the seating capacity to the vehicle, or (iii) refuse or be unable to pay the fare, or (iv) refuse or be unable to show any ticket on demand by any authorised person, or (v) refuse to pay a fresh fare when he has altered or defaced his ticket so as to render the number of any portion thereof illegible, or (vi) travel in the vehicle beyond a distance for which he holds a ticket without paying any additional fare for the distance to be traveled by him in that vehicle, or (vii) have bulky luggage of a form on description likely to obstruct, annoy or cause inconvenience to another passenger, or (viii) carry any animal, flesh, fish other than tinned fish in its original packing instrument implement, substance or any other articles which is likely to annoy or inconvenience of be offensive to other passengers, or (ix) without lawful excuse occupy any seat exclusively reserved for females, or (x) sing or play upon any musical instrument, or (xi) ring the calling bell without lawful excuse or interfere with any signal of the vehicle, or (xii) behave in a disorderly manner, or (xiii) behave in a manner likely to cause annoyance to any female passenger, physically handicapped persons, or (xiv) use abusive language, or, (xv) molest any other passenger, or  (xvi) spit or eject betel nut juice, or (xvii) interfere without due cause with the conductor or the driver of the vehicle, or physically handicapped persons. (xviii) use or attempt to use ticket other than the ticket valid for a particular journey, or a ticket which has already been used by another passenger or on another journey, or (xix) commit or abet any offence under the Act or the rules made thereunder, or (xx) willfully damage or spoil or remove any fittings in or on the vehicle or its equipment, or (xxi) alight from the vehicle without paying the legal fare. 41. Period of office and terms of appointment of the members of the State Transport Authority and Regional Transport authority : (1) The State Government shall appoint the member of the State Transport Authority and the Regional Transport Authority in a honorary capacity ordinary for a period of two years and thereafter they shall continue to function until their successors are appointed in accordance with Section 68 of the Motor Vehicle Act, 1988. The State Government may however reconstitute before the expiry of the two years term any or all the authorities or remove any of the members at any time if it considers necessary or expedient so to do in the interest of the public. (2) Where the State Transport Authority or the Regional Transport Authority as the case may be, consists of both of official and non official members, the Government may appoint the non-official members of such authorities only by name. (3) When a non-official member of any authority dies or is removed from or vacates his office, the Government may appoint another non-official member in his place who shall, subject to the provision of sub-rule (I), hold office for the remaining period of the term of the authority. (4) Non-Official member of State Transport Authority or the Regional Transport Authority, as the case may be, shall be entitled to receive traveling and daily allowance at the rate and on the conditions as specified in subsidiary Rules 309 of the Fundamental Rules and Subsidiary Rules, Assam for all meeting of the said Authority and any such member performing any journey other than attending the meeting of the said authority when required to do so in connection with the business of the said authority, shall with the sanction of the Chairman, be entitled to receive traveling and daily allowance like-wise. (5) The minutes of the meeting of the Regional Transport Authority shall be submitted to the State Transport Authority and the Government and the minutes of the meetings of the State Transport Authority shall be submitted to the Government. (6) The State Government shall appoint the Chairman of the State Transport Authority or the Regional Transport Authority. (7) The State Government shall appoint an Officer in the Transport service or serving in the Transport Deptt. of the State Government to be the Secretary of the State Transport Authority or the Regional Transport Authority. 42. Regions and Regional Transport Authorities : The regions for the purpose of Section 68 of the Act shall be as under and shall comprise of the area as shown against each such regions. Region Area I. Nalbari Nalbari District 2. Barpeta Barpeta District 3. Bongaigaon Bongaigaon District 4. Kokrajharh Kokrajharh District 5. Dhubri Dhubri District 6. Guwahati Kamrup District 7. Goalpara Goalpara District 8. Morigaon Morigaon District 9. Nagaon Nagaon District  10. Golaghat Golaghat District II. Jorhat Jorhat District 12. Sivosagar Sivosagar District 13. Dibrugarh Dibrugarh District 14. Tinsukia Tinsukia District 15. Dhemaji Dhemaji District 16. North Lakhimpur Lakhimpur District 17. Tezpur Sonitpur District 18. Mangaldoi Darrang District 19. Diphu Karbi Anglong District 20. Halflong N.C. Hills District 2I. Silchar Chachar District 22. Hailakandi Hailakandi District 23. Karimganj Karimganj District 43. Conduct of business of Transport Authorities : (l) Subject to the provisions of the Act and these rules and also subject to the approval of the Government, the State Transport Authority or the Regional Transport Authority, as the case may make bye laws to regulate and conduct its business and the business of such authority shall be conducted accordingly. (2) The State Transport Authority or the Regional Transport Authority, as the case may be shall meet at such place, date and time as the Chairman may appoint and summon. In the case of the State Transport Authority, not less than 10 days notice and in the case of Regional Transport Authority, not less than 7 days’ notice shall be given and all such notice shall be accompanied by a copy of the agenda of the meeting. (3) Half of the total members including the Chairman shall constitute the quorum for a meeting of the State Transport Authority or a Regional Transport Authority. (4) If the Chairman of the State Transport Authority or the Regional Transport Authority, as the case may be is unable to attend a meeting he shall nominate a member thereof to act as the Chairman at the meeting. (5) The Chairman or the acting Chairman nominated under sub-rule (4) shall have a second or casting vote. (6) Save in the case of the hearing of an objection to the grant of a stage carriage permit or a goods carriage permit and in the case of the hearing of a representation, the State Transport Authority, as the case may be, may decide any matter by the majority of votes of members recorded in writing and sent to the Secretary of the State Transport Authority in the manner hereinafter appearing and referred to as the circulating procedure even without holding any meeting. (7) In the event of adopting the circulation procedure, the Secretary shall send to each member of the State Transport Authority, or the Regional Transport Authority, as the case may be, the matter along with all such particulars thereof as may be reasonably necessary in order to enable the member to arrive at a decisions and shall specify the date by which the votes of the members are to reach the office of the authority. On receipt of the votes of the members as aforesaid, the Secretary shall lay the papers before the Chairman who shall thereupon record the decision by endorsement in the form of application or other document, as the case may be, according to the votes received and the vote or votes cast by the Chairman. The record of the votes cast shall be kept by the Secretary and shall not be make available for inspection by any person other than a member of the said authority at a regularly convened meeting of the Authority. Provided that no decision shall be made through the circulation procedure if before the date by which the votes of members are required to reach the office of the authority not less than one-third of the members of the Authority by notice in writing to the Secretary demand that the matter be referred to a meeting of the Authority. (8) The number of votes, excluding the chairman’s second or casting vote, necessary for the decision to be taken through circulation shall not be less than the number necessary to constitute a quorum. (9) The State Transport Authority or Regional Transport Authority, as the case may be may summon any applicant for a permit to appear before it and may decline to grant the permit until the applicant has so appeared either in person or through an agent authorised by him in writing and until the applicant has furnished such information as may reasonably be required by the Authority in connection with the application. (10) When a matter is decided by the votes of members at a meeting of the State Transport Authority or a Regional Transport Authority, no person other than a member of the authority shall be entitle to present and no record of the voting shall be kept except the number of votes cast on either side. Provided that when any matter is decided by the exercise of.the second or casting vote of Chairman the fact shall be recorded. (11) The State Transport Authority, or Regional Transport Authority may, by general or special resolution recorded in its proceedings as subject to such conditions as may be specified in the resolution, delegate to the Secretary or any such officer of the department competent to function on his behalf to grant contract carriage, goods carriage, stage carriage permits and agent licences. (12) The State Transport Authority, or the Regional Transport Authority may delegate any of the powers and functions of its Secretary to another Gazetted Officer of the Department, subordinate to the Secretary. 44. Appeal and revision application against order of the State Transport Authority or the Regional Transport Authority : (l) An appeal to the State Transport Appellate Tribunal under Section 89 of the Motor Vehicle Act 1988, against the order of the State Transport Authority, or a Regional Transport Authority may be made within 30 days from the receipt of the order by the person aggrieved by the order. The appeal petition shall be in the form of memorandum setting forth concisely the grounds of objections to the order of the State Transport Authority, or the Regional Transport Authority, as the case may be, and shall be accompanied by a certified copy of the order appealed against and as many copies of the memorandum of appeal as there are respondents and a fee of Rs. 50/- (Rupees fifty) only. (2) Any person aggrieved by an order of the State Transport Authority, or a Regional Transport Authority, as the case may be, may file an application of revision of order under Section 90 of the Motor Vehicle Act in the form of a memorandum setting forth concisely the grounds of objection to the said order. Such a memorandum shall be accompanied by a certified copy to the impugned order and as many copies he memorandum as there are respondents and a fee of Rs. 50/- (Rupees fifty) only. (3) The State Transport Appellate Tribunal, after admitting an appeal under sub-section (1) of Section 89 of the Act or a revision application under sub-section 90 of the Act, as the case may be, shall give intimation to the Authority against whose order the appeal, the revision application is made and also to the appellant or the concerned and any other person likely to be affected by the grant of the relief prayed for. Such appellant, applicant, respondent or the person interested shall appear before the Tribunal either by person or through an authorised representative along with the original document or records pertaining to the case on the appointed date and place of the hearing and subsequent dates thereof. if any. (4) The Secretary of the State Transport Authority, or a Regional Transport Authority concerned shall within 14 days from the receipt of such intimation, send all the original documents and records pertaining to the appeal of the revision, as the case may be with proper index and paging, to the State Transport Appellate Tribunal when the same are called for by it. (5) The Tribunal may, after following the procedure laid down in sub- section (1) of Section 89 or in Section 90 of the Act, as the case may be, and after such further enquiry, if any, confirm, vary or set-aside the order against which the appeal or the revision application is made or pass such other order as it may deem fit under facts and circumstances of the case. 45. Application for permit and reservation permit for SC/ST : (l) Every application for grant of a permit for private service vehicle under Section 76 of the Act, shall be made before the Secretary, Regional Transport Authority in whose regional jurisdiction or one more contiguous region the applicant wants to operate his vehicle and in respect of any route covering more than two regions shall be made before the Secretary, State Transport Authority, as the case may be in Form No. 7 (P.S.V.A.) as appears in the Schedule- I. (2) (a) Every application for grant or renewal of a permit of a public service vehicle including Local and All Assam Taxi shall be made before the Secretary, RTA in whose regional jurisdiction the vehicle is registered or recorded. (b) For the application received to operate in contiguous two regions the RTA shall issue the permit. (c) For the application received to operate in three or more contiguous regions the STA shall issue the permits. (d) For the applications received to operate in more than two regions the applications shall have to be forward to STA to issue the permit by STA. After issue of the permit the STA will transfer the record to the RTA in whose jurisdiction the Vehicle is either registered or recorded. (e) Permits issued by the STA under Rule 45(c) shall be renewed by the Secretary RTA on transfer of records by STA. The RTA will have to record the letter number of STA by which the record is transferred on the permit itself. (f) A temporary permit issued under the Rule 45(2) cannot be renewed by the STA/RTA as the case may be, more than three times. (g) Applications for issue of special permits maximum for a duration of 10 days shall be made before the STA/RTA. STA/RTA as the case may be, shall issue the permit after observing all formalities. But it cannot be renewed or re-issued. (h) All the stage carriage permits issue by other States under reciprocal agreement shall be countersigned by the STA, Assam. (i) In addition to the other permit conditions the STA/RTA as the case may be, shall fix the time table of a stage carriage vehicle in the permit itself, to avoid unhealthy competition. (j) Before issue of the permit the STA/RTA as the case may be, shall follow the instructions contained under Rule 28(1) and 28(2) to establish the identity of the applicant. (3) All applications for National permit under sub-section (12) of Section 88 of the Act. shall be made before the Secretary, State Transport Authority and shall be subject to the provisions of the Act and the Rules as framed by the Central Government or State Government in this behalf. (4) An application for permit of a Tourist Vehicle under sub-section (9) of Section 88 of the Act. shall made before that State Transport Authority. Provided that the State Transport Authority may restrict the number of permit for such vehicles and may also reserve certain percentage of permits for the self-employed driver or the educated unemployed. Provided further that the vehicle to be entered in the permit conforms to the specification laid down under these rules and the Central Motor Vehicle Rule, 1989. (5) The Regional Transport Authorities shall reserve such number of stage carriage permit for the Scheduled Castes and Scheduled Tribes under sub-clause (b) of sub-section (3) of Section 71 in the same ratio as in the case of appointment made by direct recruitment to public services in the State. (6) Government may issue general Instructions from time to time limiting the numbers of permits to be issued in a particular year. 46. (A) Forms of permits : (l) The permits granted shall be in either of the forms specified below and appearing in the Schedule-I. (a) in Form No. 12 (Pr. S.V.) in respect of private service; (b) in Form No. 13 (P. St. P.) in respect of Stage carriage permit; (c) in Form No. 14 (P. Co. P.) in respect of contract carriage;  (d) in Form No. 15 (P. Tem) in respect of Temporary permit; (e) in Form No. 22 (P. Goods) in respect of Periodic Permit of Goods. (2) Except in the case of a temporary permit every permit shall be in two parts A and B. One copy of Part A only shall be issued. One copy of Part- B shall be issued in respect of every vehicle authorised by the permit and where the permit relates to more than one vehicle, each such, copy shall carry in addition to the number of the permit a separate S1. No. contained in the brackets after the No. of the permit. Each such copy shall be sealed and signed by the authority who issued the permit and the authority by which the permit is countersigned. (3) The holder of the permit shall cause the relevant copy of Part-B thereof or the temporary permit, as the case may be, to be carried in a glazed frame or other suitable container carried on or affixed to the interior of the vehicle in such a way so as to maintain it in a clean and legible condition readily available for inspection at any time by any authorised person. 46. (B) Permit Fees on different categories of permits will be as follows except for ASTC’s own Vehicles.- Nature of Permit Max. Duration Amount (a) Periodic permit (Passenger/Goods carrying) within the State (i) Three Wheelers 3 yrs to 5 yrs 500.00 (ii) Local/All Assam Taxis 3 yrs to 5 yrs 750.00 (iii) Other vehicles 3 yrs to 5 yrs 1500.00 (b) Periodic permit (Passenger/goods carriage) within the State (i) Three Wheelers Upto 3 yrs. 250.00 (ii) Local/All Assam Taxis Upto 3 yrs. 500.00  (iii) Other Vehicles Upto 3 yrs. 1000.00 (c)Temporary permit (Passenger/ Goods carrying) 1. Within one Region (i) Three Wheeler/Taxi 4 months 50.00 (ii) City Service Bus 4 months 150.00 (iii) Other vehicles 4 months 100.00 2. More than one region upto 3 Regions- (i) Three Wheelers/Taxis 4 months 75.00 (ii) Other Vehicles 4 months 150.00 3. More than three Regions (i) Taxi 4 months 100.00 (ii) Other Vehicles 4 months 200.00 4. Special permit within the 10 days 100.00 State/ Inter State routes (d) Temporary permits on Inter State 4 months 250.00 routes (e) Periodic Permits on Inter State 3 to 5 Years 2000.00 routes upto 3 years 1500.00 (f) Fees for countersignature of Permits (i) Temporary permit 100.00 (ii) Periodic permit 500.00 46 (C) Duration of Permits : (a) A periodic permit for carrying goods and passengers shall be issued for a duration of minimum one year upto a maximum, period of 5 years, subject to payment of due Motor Vehicle Taxes for that period of permit issued. (b) A temporary permit for carrying goods and passenger shall be issued for a maximum duration of 4 months, but it cannot be renewed for more than three times. 46. (D) Transfer of Permit : (I) When the holder of permit desires to transfer the permit to some other persons order 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 as 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 in and it may, if it deems fit, deal with the application as if it were an application for a permit. (5) If the Regional Transport Authority or the State Transport Authority is satisfied that the transfer of a permit may properly be made, it shall call upon the holder of the permit in writing to surrender parts A and B of the permit within seven days of the receipt of the order and shall likewise call upon the person to whom the permit is to be transferred to deposit the prescribed transfer fee of rupees fifty only. (6) Upon receipt of Parts A and B of the permit and of the prescribed fee, the Regional Transport Authority or State Transport Authority, shall cancel the particulars of the holder thereon and endorse particulars of the transfer 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. 47. Maintenance of register for permits granted : (l) The authority graining the permits, except in the case of temporary permit, shall maintain a register for permit granted in Form NO.1 (RP) as appears in Schedule-II. (2) The authority granting the temporary permit shall maintain register in Form NO.2 (RP) (Tern) as appears in Schedule-II. 48. Issue of duplicate permit : (l) When a Part A or B of any permit or an temporary permit is lost or destroyed, defaced or mutilated, the holder thereof shall forthwith intimate the facts to the authority by which it was issued and shall deposit the prescribed fee for the issue of a duplicate permit and in the case of destruction of Part B, he shall forward the Part A thereof also. (2) The Transport Authority on receipt of an application in accordance \\ith the sub-rule (1) may issue a duplicate permit or parts of a permit, as the case may be and to the extent that it is able to verify the facts made, endorsed thereon certified copies of and countersignature by other authority intimating the fact to the authority. (3) A duplicate permit or duplicate part of a permit issued under this Rule be clearly stamped “DUPLICATE” in red ink and the certified copy of any countersignature by any other Transport Authority or part of the permit made under this Rule shall be valid in the region of that other authority and as if, it was a countersignature. (4) When a permit or part of a permit becomes dirty or is tom or is otherwise defaced or has any way become illegible in the opinion of the Transport Authority, the holder thereof shall surrender the permit or the part of the permit, as the case may be, to the Transport Authority and apply for the issue of a duplicate permit or the part of a permit in accordance with the rules. (5) The fee for the issue of duplicate permit be Rs. 100/- (Rupees Hundred) for Part A and Rs. 50/- (Rupees Fifty) for each copy of Part B and the fee a duplicate Authorisation of National Permit for goods truck or Tourist permit shall be Rs. 200/- (Rupees two hundred) and the fee for duplicate temporary permit issued in accordance with this Rule shall be Rs. 150/(Rupees one Hundred Fifty) only. (6) Any permit or any part of a permit which is found subsequently by any person shall be delivered to the nearest Police Station or to the holder or to the Transport Authority by which it was issued and if the holder finds or received any permit or any part of the permit in respect of which duplicate has been issued, he shall return the original to the Transport Authority concerned. 49.(1) Returning of Permit : Every permit cancelled or suspended under any of the provisions of the Act or the Rules shall be returned to the issuing authority thereof within fortnight from the date of cancellation or suspension. In the event of cancellation or suspension of permit, the permit fees already paid shall not be refunded. 49. (2) Temporary exemption of Taxes : If a vehicle owner desires to withdraw his vehicle off the road for repair etc. for a period more than 30 days continuously he must submit application in Form “H” in triplicate along with the documents of vehicle/Number plates etc., before the Registering Authority. One copy of the “H” form will be returned by the Registering Authority to the owner of the vehicle accepting his application for exemption for payment of tax during the period of withdrawal of the vehicle, as has been provided in Section 9 of the Assam Motor Vehicles Taxation Act, 1936 (Assam Act Xl of 1936). The ‘H’ form in triplicate duly serial numbered will be supplied by the concerning Registering Authority on payment of Rs. 10/- (Rupees ten only). The Registering Authority shall keep a proper record in a register the S1.Nos. of ‘H’ Form, the name of the vehicle owner, the money receipt number and the period for which the owner will keep the vehicle off the road. 50. Documents, plates and marks to be carried by Transport Vehicles : (I) Every Transport Vehicle shall carry Registration Certificate, Fitness Certificate, Pollution Under Control Certificate, Insurance Certificate, Part B of the permit. Driving licence of the Driver and the Conductor’s licence of the Conductor, if any and shall be produced at any time or at any place for inspection by an authorised person. (2) Every public service vehicle shall bear a legible sign written in the official language of the State to the effect that smoking inside or nearby the vehicle is prohibited. (3) Every public service vehicle shall carry an up to date fare chart approved by the authority having jurisdiction therefore. The chart shall be in the official language of the State. (4) Every public service vehicle shall display such other legible signs and warnings to the passengers as may be directed by the State Authority or the Regional Transport Authority; as the case may be. (5) Every Public Service vehicle carrying passengers shall have a legible warning in the vehicle that passenger traveling without ticket shall be punishable with [me which may extend to Rs. Five hundred. 51. Licensing of Agents : (I) No person shall act as an agent unless he holds a vr1id licence therefore, in Form No. 17 (A.L.) as appears in Schedule-I granted by the Licensing Authority for the purpose of such business. (2) Any person desiring to obtain a licence for grant or for renewing such a licence may make an application to the Licensing Authority in Form No. 16 (A.A.L.) I and 16 (A.A.L.) II, as appears in Schedule I, as the case may be. (3) The application shall be accompanied by a fees Rs. 500/- (Rupees five hundred). (4) On receipt of an application, the Licensing Authority shall have due regard among other things to the following matters, namely - (i) (a) the number of goods vehicles either owned by the applicant or under his control. (b) the suitability of accommodation possessed by the application for the storage of goods. (c) the facilities, if any provided by the applicant for parking of goods vehicles for the purpose of loading or unloading of goods and (d) the financial resource of the applicant and his ability to manage the business efficiently; or (ii) (a) the number of public service vehicles either owned by the applicant or under his control. (b) the suitability of accommodation possessed by the applicant for sitting of passengers. (c) the financial resource of the applicant and his ability to manage the business efficiently; and  (d) the route or areas for which the tickets are to be sold or booking are to be made, (e) he must have adequate parking spaces for minimum vehicles, licensing Authority after due consideration of the aforesaid matters either grant or refuse to grant or renew the licence. (5) The Licensing Authority shall cause copies of any licence granted or renewed by it under these Rules to be sent to each of the Regional Transport Authorities of the Region of any in which such licence is to be operative. (6) The Licensing Authority shall maintain a register of the licence issued to the Agent Form NO.3 (R.A.L.), as appears in Schedule-II. 52. Security for compliance with condition : Where it appears necessary so to do for ensuring proper compliance with the conditions referred to in the preceding rule, the Licensing Authority may, at the time of granting or renewing an Agent’s licence or anytime during the validity of a licence, order the licence to furnish a reasonable security on such scale as may be notified by the State Government in the Official Gazette and where the licence has furnished earlier a security in presence of an order passed under the provisions of these rules, such additional security as may be reasonable. 53. (A) Period of Validity and renewal of licence : (1) An agent’s licence shall be valid for a period of 1 (one) year from the date of its grant or renewal. (2) It may be renewed on an application made to the Licensing Authority not less than 30 days before the date. of its expire. (3) The renewal of licence shall be made by endorsement of the renewal thereof by the Secretary State Transport Authority of the Regional Transport Authority, as the case may be, on the original licences. 53. (B) The annual fees for issue of Agents Licence for Goods and Passenger Vehicles are as follows :  CLASS OF LICENCE ANNUAL LICENCE FEES 1. Passenger Vehicle Rs. 10,000/- per year. Plus Rs. 600/- per year for every Additional Branch. 2. Goods Vehicles Rs. 20,000/- per year. Plus Rs. 1200/- per year for every Additional Branch. The licences will have to renewed and fresh licences will have to be’ issued as per Motor Vehicles Act, 1988 and Rules thereof. The Licences shall have to fulfill all the conditions laid down by the Government from time to time. 54. Conditions for agent’s licence : An Agent’s licence shall be subject to the following conditions namely- (a) that the licence shall, subject to the provisions of Rules 57, provide places for loading and unloading of goods; (b) that the licence shall be responsible for proper arrangement for storage of goods collected for despatch or delivery; (c) that, where he is authorised to forward and distribute goods, the licence. (i) shall be responsible for proper delivery of the goods to the consignee. (ii) shall be liable to indemnify the consignee for any loss or damage to goods while in his control or possession. (iii) shall not deliver the goods to the consignee without actually receiving from the consignee a goods transport receipt or, if the receipt is lost or misplaced an indemnity bond covering the value of goods. (d) the licence shall income the goods against any loss or damage while in his control or possession;  (e) (i) that the licence shall maintain a proper record of the vehicle under his control and of the collection dispatch and delivery of goods shall be open for inspection by the State Transport Authority or by a in this behalf by any such Author State Transport Authority, by 31s1 in respect of the previous calenl (RAI.) as appears in Schedule-I. (ii) that the place of business of the applicant should not hamper the business of the Assam State Transport Corporation and it must be at least 300 MTR away from the bus stand of ASTC in case of Guwahati City and should be at least 100 MTR away from ASTC Bus Stands. But if any existing licences is at present working within the distance mentioned above, he will have to shift his place of business to other suitable place months from the date of effect of this rule. (iii) that the licensing authority ala] approve the site ma of the place showing the exact location. (f) (i) that the licence shall maintain a proper record of the tickets issued and number of the public service issued and number of the public se area thereof which shall be open Transport Authority or the Regil Regional Transport Authority or a this behalf by the State Transport Authority. (ii) that the licence shall exhibit the actual passengers fare for the route or the area. (iii) that the licence shall be responsible for proper sitting arrangements of the passengers in journey and adequate facilities for vehicles. (iv) that the licence shall ensure that the licence or under his control have by the Competent Authority for the vehicles shall have to ply. (v) that the vehicles shall have valid Ta Token, Fitness Certificate, Insurance Certificate and Assam Passengers Goods Tax Clearance Certificate, Pollution under Control Certificate.  (vi) He must have facilities for pure drinking water and separate Toilets for Gents and Ladies. (g) that the licence shall not charge, any commission exceeding that as prescribed by the State Transport Authority or the regional Transport Authority ; as the case may be under Rule 56: (h) that the licence shall furnish to the operator correct figures of the freight receivable by them from consignees; (i) that the licence shall maintain proper accounts of the commission charged by him and have the same audited by qualified Auditors annually; (j) that the licence shall ensure that the goods vehicles under his control have valid permits for routes on which the vehicles have to ply; (k) that the licence shall maintain in goods condition a weighing device capable of weighting, at a time, not less than 226 kg. (550 Lbs); (l) that the licence shall attend to his customers in the order in which they approach him : Provided that that customers in respect of such perishable goods as may be notified by the Official Gazette, shall be given priority over other customer. (m) that the licence shall assign the available traffic amongst the operators in the order in which they have approached him and shall maintain a register chronologically recording the particulars of the available traffic and the waiting operators. (n) that the licence shall comply with the provisions of these rules and shall observe such other conditions as the Licensing Authority may specify in the licence; (0) that the State Transport Authority may at its discretion, order for seizure, in whole or in part of the security or the additional  security furnished by the licence under Rule 52 for contravention of any of these rules or for breach of any of the aforesaid conditions by the licence; (p) that the State Transport Authority may after giving notice of not less than one month in writing either vary the conditions of the licence or attach further conditions to the licence. (q) that the Character and Criminal antecedents verification of the employees of the licence holder through Police Authority is mandatory. 55. Particulars to be mentioned in contract of agency : All contracts entered into by the agent for the purpose of collecting, forwarding and distributing goods or collecting goods or forwarding and distributing goods, as the case may be shall be in writing and shall contain the following particulars : (i) names and addresses of the consignor and the consignee; (ii) description and weight of the consignment; (iii) destination and its distance in kilometers from the starting station; (iv) freight per tonne/kilometer and for the whole consignments; (v) delivery instructions (e.g., the date by which and the exact place where the goods are to be delivered to the consignee); (vi) terms of payment; (vii) (vii) name of the owner, driver, the registration number of the vehicle and authorised load and the rate and amount of the commission. 56. Rate of Commission : The State Government may by notification in the Official Gazette prescribe the maximum rates at which Commission may be charged by agents under these rules and the State Transport Authority or the Regional Transport Authority, as the case may be, may prescribe such rate of commission not exceeding the rates prescribed by the State Government in regard to licences transaction of business in its region. 57. Premises to be used : (I) The State Transport Authority or the Regional Transport Authority, as the case may be, may in consultation with the local authority or the Police Authority having jurisdiction over the area concerned, approve any premises owned by or in the possession of an agent or an applicant for an agents licence to be used for loading or unloading of goods or for parking goods vehicles or for the storage of goods in the custody of the agent having regard to the suitability of site, sanitary conditions and storage facilities provided at such premises; (2) Any approval under sub-rule (1) shall be subject to the following conditions, namely : (i) that the premises shall at all times be kept in a clean condition and goods state or repairs; (ii) that the premises shall be administered in a seemly and orderly manner; (iii) that the agent shall take all possible precautions to ensure that no breach of any of the provisions of the Act or of these rules is committed in respect of any vehicle entering or leaving or parking at such premises and shall report in writing any such breach to the nearest Police Station. (iv) It must fu1fJl the conditions mentioned in Section 54(e)(ii) and (iii) of this rule. (3) Where the State Transport Authority or the Regional Transport Authority as the case may be, refused to approve any premises under sub-rule (1), it shall record in writing its reacons for such refusal. 58. Suspension, cancellation of licence : (I) Without prejudice to any other action which may be taken against an agent, the State Transport Authority may, by order in writing, cancel the agent’s licence or suspend it for such period as it thinks fit, if in its opinion any of the conditions under which the licence was granted has been contravened. (2) Before making any order of suspension or cancellation under this Rule, the State Transport Authority shall give the agent an opportunity of ‘xing heard and shall record reason in writing for such cancellation or suspension. (3) Where the agent’s licence is liable to be cancelled or suspended under sub-rule (1) above the State Transport Authority may allow the agent an option for retaining it on payment of a certain sum of money as may be fixed by that Authority. 59. Issue of duplicate licence : If at any time an agent’s licence is lost, destroyed or tom or otherwise defaced making it not legible, the agent shall forthwith apply to the Licensing Authority for the grant of a duplicate licence. The application shall be accompanied by a fee or Rs. 50/- (Rupees fifty). Upon receipt of such an application the Licensing Authority shall issue a duplicate agent’s licence clearly being stamped “DUPLICATE”. If a duplicate agent’s licence is granted on a representation that the licence originally granted has been lost or destroyed and the original licence is subsequently found, the original licence shall be surrendered to the Licensing Authority. 60. Display of agent’s licence : (l) A collecting agent shall carry with him his agent’s licence while on duty and shall produce it on demand to any Inspecting Officer of the Transport Deptt. or any Police Officer in uniform not below the rank of a Head Constable. (2) A forwarding agent shall exhibit his agent’s licence at a prominent place in the premises approved under Rule 57 and the licence shall be made available for inspection by any Inspecting Officer of the Transport Department or any Police Officer in uniform not below the rank of a Head Constable. (3) A Collecting and forwarding agent shall carry with him his agent’s licence while on duty and shall produce it on demand to any Inspecting Officer of the Transport Department or Police Officer in uniform not below the rank of a Head Constable and shall also cause a true copy of his agent’s licence to be exhibited at a prominent place in the premises approved under Rule 57. 61. Appeal : (l) Any person aggrieved by an order made under sub-rule (4) of Rule 51, Rule 51, Clause (n), to) or (p) of Rule 54, Rule 56, sub-rule (I) of Rule 57, sub-rule (I) or sub-rule (2) of Rule 58, Rule 59 or Rule 62, may appeal to the State Transport Appellate Tribunal constituted under subsection (2) of Section 89 of the Act, within thirty days from the date of receipt of such order. (2) The memorandum of appeal shall be filed in duplicate setting forth concisely the grounds of objection and shall be accompanied by a certified copy of the order and a prescribed fee Rs. 50/- (Rupees fifty) which shall be paid through Treasury Challan. Provided that memorandum of appeal shall not relate to more than one order or be signed by more than one party. Such an appeal shall be affixed with necessary Court Fee Stamps as prescribed under the Court Fee Act, 1870 (Act VII of 1870). (3) Upon receipt of an appeal in accordance with sub-rule (1) and (2) the authority referred to in sub-rule (1) shall appoint date, time and place for hearing of the appeal and the appellant shall appear accordingly and conduct his or her case either in person or by any person duly authorised by him or her in writing in this behalf. 62. Certified copy : The authority which passed an order to be appealed against shall, on an application by a party, give a certified copy of the order or of any other relevant document on payment of a fees Rs. 20/- (Rupees twenty) by Treasury challan. 63. Validation of permit for use outside the region to which granted: (l) A Regional Transport Authority which issues a permit (hereinafter referred. to as the original Transport Authority) may on application, extend the validity of the perm