Section 72 Motor Vehicles Act: Grant of stage carriage permit

Section 72 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:

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

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

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

(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;

(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;

(iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;

(v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;

(vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;

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

(viii) the weight and nature of passengers luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;

(ix) the rate of charge that may be levied for passengers luggage in excess of the free allowance;

(x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used

Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;

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

(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;

(xiii) that fares shall be charged in accordance with the approved fare table;

(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;

(xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner;

(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;

(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;

(xviii) the conditions subject to which the vehicle may be used as a contract carriage;

(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;

(xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use;

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

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

(a) vary the conditions of the permit;

(b) attach to the permit further conditions

Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometres, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;

(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe;

(xxiv) any other conditions which may be prescribed

Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.

Legal Commentary & Landmark Judgments: Section 72

Section 72 of the Motor Vehicles Act, 1988 empowers the Regional Transport Authority to grant a stage carriage permit, subject to statutory terms, or attach exhaustive operational, route, fare, and passenger safety conditions.

Discretionary Power to Grant or Refuse: The RTA may grant the stage carriage permit as applied for, grant it with modifications regarding routes or vehicle numbers, or refuse the permit for reasons recorded in writing under Section 72(1).
Exhaustive Statutory Conditions: Section 72(2) enumerates twenty-four specific conditions that may be attached to the permit, including designated routes, approved time-tables, maximum passenger capacity, ticket issuance mechanics, luggage limits, and installation of GPS and emergency tracking devices.
Requirement of Written Speaking Order: Any refusal or route modification must be communicated to the applicant through a reasoned speaking order, enabling meaningful administrative appeal before the STAT under Section 89.

Key Landmark Precedents:

D.R. Venkatachalam v. Transport Commissioner (1977) 2 SCC 273: The Supreme Court held that the power to attach conditions under Section 72 is designed to ensure commuter safety and orderly transport; conditions requiring speed governors, passenger tickets, and designated stops are legitimate statutory regulations.
R. Obliswami Naidu v. Additional State Transport Appellate Tribunal AIR 1969 SC 1130: The Supreme Court held that conditions imposed under the stage carriage permit grant power must be clear and reasonable; RTAs cannot attach conditions that render the commercial operation practically impossible or discriminatory.

Courtroom Practice & Strategic Litigation Guidance:

When drafting a writ petition or STAT appeal against conditional permit grants under Section 72, scrutinize the specific conditions endorsed in Form P.St.S. If an RTA arbitrarily alters operating timings to favor a state corporation or private competitor without a rational traffic study, plead mala fide exercise of power and breach of Section 72(2).

Section 72: Grant of stage carriage permit

Section 72 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 72